[Federal Register Volume 60, Number 209 (Monday, October 30, 1995)]
[Rules and Regulations]
[Pages 55202-55206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26459]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 279
[FRL 5313-5]
Hazardous Waste Management System; Recycled Used Oil Management
Standards
AGENCY: Environmental Protection Agency.
ACTION: Administrative stay.
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SUMMARY: The Environmental Protection Agency (EPA or the Agency) today
is announcing an administrative stay of the regulatory provisions set
forth in 40 CFR 279.10(b)(2) applicable to mixtures of used oil
destined for recycling and either characteristic hazardous waste or
waste listed as hazardous because it exhibits a hazardous waste
characteristic. The stay reinstates for these mixtures the regulatory
requirements ordinarily applicable to mixtures containing hazardous
waste, along with other applicable regulatory requirements, including
but not limited to the 40 CFR Part 268 land-disposal restrictions
(``LDRs''), until the Agency completes a new rulemaking addressing 40
CFR 279.10(b)(2).
EFFECTIVE DATE: December 29, 1995.
FOR FURTHER INFORMATION CONTACT: Tracy Bone at (202) 260-3509, Office
of Solid Waste (5304), U.S. Environmental Protection Agency, 401 M
Street SW., Washington, DC 20460.
SUPPLEMENTARY INFORMATION: The contents of today's document are listed
in the following outline:
I. Background
II. Basis for Stay of Used Oil Mixture Rule
III. Agency Action
IV. Effects on State Authorization
V. Executive Order 12866
VI. Paperwork Reduction Act
I. Background
Section 3014(a) of the Resource Conservation and Recovery Act
(RCRA), 42 U.S.C. 6935(a), requires EPA to establish management
standards for used oil destined for recycling. Those standards must
protect public health and the environment and, to the extent possible
within that context, not discourage used oil recycling.
Section 3014(a) was added to RCRA by the Used Oil Recycling Act of
1980, Pub. L. No. 96-463, Sec. 7(a), 94 Stat. 2055, 2057 (1980). As
originally enacted, section 3014(a) required EPA to establish
performance standards and other requirements as may be necessary to
protect the public health and the environment from hazards associated
with recycled oil, but also specified that the Agency shall ``ensure
that such regulations do not discourage the recovery or recycling of
used oil.'' The Hazardous and Solid Waste Amendments of 1984 (HSWA),
Pub. L. 98-616, Sec. 242, 98 Stat. 3221, 3260 (1984), slightly altered
the language of RCRA section 3014(a) to require that, in developing
regulations addressing recycled used oil, the Agency shall ensure that
such regulations do not discourage the recovery or recycling of used
oil, ``consistent with the protection of human health and the
environment.''
On September 10, 1992, EPA promulgated regulations pursuant to RCRA
section 3014(a) governing the management of used oil destined for
recycling. 57 FR 41566 (1992). These regulations are codified at 40 CFR
Part 279. As part of these regulations, EPA promulgated a used oil
mixture rule, 40 CFR 279.10(b), that specifies when mixtures of used
oil destined for recycling and hazardous waste are regulated as used
oil and when they are regulated as hazardous waste. Among other things,
the used oil mixture rule specifies that mixtures of used oil destined
for recycling and waste that is hazardous solely because it exhibits
one or more of the hazardous waste characteristics identified in
subpart C of 40 CFR Part 261, and mixtures of used oil and hazardous
waste that is listed in subpart D of 40 CFR Part 261 solely because it
exhibits one or more of the characteristics of hazardous waste
identified in subpart C, are regulated as a hazardous waste under
subtitle C of RCRA only if the resultant mixture exhibits a hazardous
waste characteristic. 40 CFR 279.10(b)(2)(i). If the mixture does not
exhibit a hazardous waste characteristic, it is regulated under the
used oil management standards, and the hazardous waste regulations
(including those relating to LDRs) are inapplicable.1 40 CFR
279.10(b)(2)(ii)-(iii).
\1\ In a separate part of the used oil regulations, EPA
specified that mixtures of used oil and listed hazardous waste,
except for wastes listed solely because they exhibit one or more of
the characteristics of hazardous waste identified in subpart C of 40
CFR Part 261, must be handled as hazardous waste under subtitle C of
RCRA and may not be managed as used oil. 40 CFR 279.10(b)(1); 57
Fed. Reg. at 41,581. That provision is not impacted by this stay.
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Two weeks after EPA promulgated the used oil management standards,
the D.C. Circuit issued its decision in Chemical Waste Management, Inc.
v. EPA, 976 F.2d 2 (D.C. Cir. 1992), cert. denied, 113 S.Ct. 1961
(1993), a challenge to portions of the Agency's LDR regulations that
did not prohibit dilution of certain characteristic hazardous wastes as
a form of treatment.2 The issue before the court was whether these
regulations satisfied the requirements of RCRA section 3004(m), which
mandates that treatment substantially diminish the toxicity of
hazardous waste or the likelihood of migration of hazardous
constituents from hazardous waste so that short-term and long-term
threats to human health and the environment are minimized. The court
held that, in authorizing dilution as a form of treatment for certain
characteristic hazardous wastes, the Agency had not satisfied the
requirements of RCRA section 3004(m) because dilution only removed the
short-term threat posed by the characteristic, and did not address the
long-term threat posed by hazardous constituents that could be present
in such wastes.3
\2\ The LDR regulations, codified at 40 CFR Part 268, were
promulgated pursuant to Section 3004 of RCRA, 42 U.S.C. 6924, which
restricts the land disposal of certain hazardous wastes beyond
specified dates unless the wastes are treated according to treatment
standards established by the Agency.
\3\ Pursuant to the Chemical Waste Management decision, the
Agency has promulgated revisions to the 40 CFR Part 268 land
disposal restrictions applicable to mixtures containing
characteristic hazardous waste. See 58 Fed. Reg. 29860 (1993); 59
Fed. Reg. 47982 (1994).
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Petitions for review challenging EPA's used oil mixture rule
subsequently were filed in the D.C. Circuit. Safety-Kleen Corp. v. EPA,
No. 92-1629 (D.C. Cir.).
[[Page 55203]]
Citing the Chemical Waste Management decision, some petitioners
asserted that the used oil mixture rule violates RCRA section 3004(m)
because it allows certain characteristic hazardous wastes to be ``de-
characterized'' by dilution with used oil destined for recycling, and
to avoid compliance with LDRs. As a result, these mixtures (or
residuals derived therefrom) might be disposed in land-disposal units
without adequate prior treatment, despite the fact that they may
contain significant levels of hazardous constituents in concentrations
sufficient to pose a threat to human health and the environment.
EPA subsequently joined with the petitioners in the Safety-Kleen
Corp. case in moving for a voluntary vacatur of the used oil mixture
rule to consider the impact of the Chemical Waste Management case on
the used oil mixture rule. In an order dated September 15, 1994, the
D.C. Circuit, rather than vacating the rule, remanded the record in the
case to the Agency with the limited instruction that ``[i]f the EPA
determines that its rule is invalid, * * * it can proceed
accordingly.'' The court, however, retained jurisdiction over the case,
so it still is pending before the D.C. Circuit for judicial review.
Consistent with the D.C. Circuit's remand, the Agency plans to
propose a rule in the near future concerning how mixtures of used oil
destined for recycling and characteristic hazardous wastes should be
regulated under RCRA section 3014(a) in light of the Chemical Waste
Management decision and other appropriate policy and legal
considerations, and requesting public comment on those views. Through
this rulemaking, the parties to the Safety-Kleen Corp. case, along with
all other interested persons, will have the opportunity to submit
comments for the Agency's consideration in reaching a decision
concerning whether the used oil mixture rule should be revised.
For the reasons discussed below, EPA also is issuing this
administrative stay of the used oil mixture rule pending completion of
this rulemaking. For mixtures of used oil destined for recycling and
either characteristic hazardous waste or waste listed as hazardous
because it exhibits a hazardous waste characteristic, this stay
reinstates the regulatory requirements, ordinarily applicable to
mixtures containing hazardous waste, set forth in 40 CFR 261.3 (a)(2)
and (d)(1), along with other applicable regulatory provisions, as
revised, including but not limited to LDRs.
II. Basis for Stay of Used Oil Mixture Rule
The only issue addressed in today's document concerns the status of
the contested used oil mixture rule, 40 CFR 279.10(b)(2), while the new
rulemaking process addressing that provision is undertaken. Section 705
of the Administrative Procedures Act, 5 U.S.C. 705, authorizes EPA to
postpone the effective date of action taken by it when ``justice so
requires,'' pending judicial review. As discussed in detail below, EPA
believes that a stay of the rule is in the interests of justice. It
will enable the Agency to address the precedential impact of the
Chemical Waste Management decision before the regulation takes effect,
it will help ensure that mixtures of used oil destined for recycling
and characteristic hazardous wastes are managed in a manner protective
of human health and the environment until the follow-up rulemaking
concerning the used oil mixture rule is completed, it will limit
inconvenience to and confusion and inconsistency among the States and
within the regulated community concerning how such mixtures are to be
managed, and it will impose no significant burden on the States or the
regulated community.
This administrative stay of the used oil mixture rule reflects
EPA's recognition that the Chemical Waste Management decision raises
significant legal issues, and may be controlling authority, concerning
the applicability of LDR regulations to mixtures of used oil destined
for recycling and characteristic hazardous wastes. As noted above, the
D.C. Circuit held in that case that, in authorizing dilution as a form
of treatment for certain characteristic hazardous wastes, the Agency
had not satisfied the mandate of RCRA section 3004(m) because dilution
only removed the short-term threat posed by the characteristic, and did
not address the long-term threat posed by hazardous constituents that
could be present in such wastes.
As currently written, the used oil mixture rule provides that
certain mixtures of used oil destined for recycling and characteristic
hazardous are subject exclusively to the used oil management standards,
which do not include LDRs. Thus, the mixture rule, in effect, allows
dilution of certain characteristic hazardous wastes with used oil,
instead of treatment under section 3004(m). As a result, some such
mixtures (or residuals derived therefrom) containing significant levels
of hazardous constituents potentially may be disposed in land-disposal
units without adequate prior treatment. (The Agency will conduct fact-
finding on this point as part of the upcoming rulemaking.) The Chemical
Waste Management decision, however, appears to indicate that such
mixtures should be subject to LDRs, unless no hazardous constituents
are present in concentrations sufficient to pose a threat to human
health or the environment. Because the Agency believes there is a
strong likelihood that the used oil mixture rule needs to be modified
in light of the Chemical Waste Management decision, this stay is in the
interests of justice.\4\
\4\ RCRA section 3014(a) requires the Agency to ensure that
regulations concerning used oil ``do not discourage the recovery or
recycling of used oil,'' consistent with the protection of human
health and the environment. Based upon this language, some may argue
that the regulatory requirements applicable to mixtures of used oil
and characteristic hazardous waste appropriately may differ from
those applicable to other mixtures containing characteristic
hazardous waste for purposes of the land-disposal restrictions. The
possible merits of such an interpretation will be explored in the
rulemaking concerning 40 CFR 279.10(b)(2) to be initiated in the
near future.
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This administrative stay also is justified on the ground that human
health and the environment are better protected if mixtures of used oil
destined for recycling and characteristic hazardous waste are subject
to LDRs like other mixtures containing characteristic hazardous waste
until the follow-up rulemaking addressing the used oil mixture rule is
completed. In particular, EPA believes that further analysis is needed
to determine whether mixtures of used oil destined for recycling and
characteristic hazardous wastes differ significantly from other
mixtures containing characteristic wastes in terms of potential threat
to human health and the environment.\5\ Under the used oil mixture rule
as currently written, some such mixtures (or residuals derived
therefrom) may be disposed in land-disposal units without adequate
prior treatment. To address
[[Page 55204]]
this concern, during the pendency of the stay mixtures of used oil
destined for recycling and characteristic hazardous wastes will be
subject to LDRs. As a result, the stay also is in the interests of
justice because it is protective of public health and the environment.
\5\ The used oil mixture regulations distinguish mixtures of
used oil and wastes exhibiting the characteristic of corrosivity,
reactivity and toxicity from mixtures of used oil and wastes
exhibiting only the characteristic of ignitability. Compare 40 CFR
279.10(b)(2) (i) and (ii) with 40 CFR 279.10(b)(2)(iii). As to
wastes exhibiting the characteristic of ignitability, the Agency
explained that ``mixing to manage ignitable solvents appears to be
acceptable, provided the characteristic of ignitability of the
ignitable solvents is removed.'' 57 FR at 41581. EPA noted, as its
basis for this statement, that ``mixing the solvents in with used
oil should not affect the chemical constituents or other properties
of used oil'' because the solvents are petroleum fractions. Id. EPA
is not repudiating that statement today, but believes further
analysis should be undertaken of mixtures of used oil and ignitable
characteristic hazardous wastes to determine the extent to which
such mixtures contain hazardous constituents that may endanger human
health or the environment.
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This administrative stay also is justified because it will avoid
inconvenience to and confusion and inconsistency among the States.
Confusion within the States concerning how used oil mixtures should be
regulated stems from the strong likelihood that the used oil mixture
rule will need to be modified consistent with the Chemical Waste
Management decision and the pendency of the Safety-Kleen Corp. case.
As discussed more fully below, only a limited number of States
authorized to administer and enforce the RCRA program for hazardous
wastes and used oil have yet modified their programs to reflect the new
Federal used oil management standards, but most were required to do so
by July 1, 1995. Requiring States to complete the significant task of
modifying their programs under circumstances such as these, in which
there is a strong likelihood that the used oil mixture rule will need
to be modified in light of the Chemical Waste Management decision,
could result in States being required to make changes and then undo
them in short order. These circumstances also may result in uneven
implementation and enforcement of the regulatory requirements
concerning mixtures of used oil destined for recycling and
characteristic hazardous waste. To avoid these concerns, during the
pendency of this stay, authorized States simply will be required to
maintain (or adopt on a reasonable schedule) regulations no less
stringent than otherwise applicable EPA regulations governing mixtures
of used oil destined for recycling and characteristic hazardous wastes.
See 40 CFR 261.3(a)(2) and (d)(1). Thus, this stay also is in the
public interest because it avoids inconvenience to and confusion and
inconsistency among the States.
Similarly, this administrative stay is justified because it will
avoid inconvenience to and confusion and inconsistency within the
regulated community. The regulated community, which is comprised of
thousands of small businesses, must comply with EPA (or no less
stringent State) regulations applicable to mixtures of used oil
destined for recycling and characteristic hazardous wastes, and the
goal of obtaining consistent and thorough compliance with those
regulations is ill served by the confusion stemming from the Chemical
Waste Management decision and the pendency of the Safety-Kleen Corp.
case. Accordingly, this stay also is justified because avoiding
inconvenience to and confusion and inconsistency within the regulated
community is in the public interest.
Finally, EPA believes that neither the States nor the regulated
community will be significantly burdened or suffer irreparable harm as
a result of this administrative stay. As discussed above, most
authorized States have not yet adopted the used oil mixture rule, and
they will have no obligation to adopt that rule during the pendency of
this stay. The stay will reinstate the regulatory requirements
applicable to hazardous waste mixtures set forth in 40 CFR 261.3(a)(2)
and (d)(1) on December 29, 1995 in only four States that lack
authorization to administer and enforce the RCRA programs for hazardous
waste and used oil. Since these States do not have authorized programs,
the States themselves will not be impacted by the stay.
In addition, the impact on small businesses in these States will be
limited.\6\ Businesses that do not generate characteristic hazardous
waste, and those that do generate such waste but that either do not mix
such waste with used oil or are exempt from hazardous waste regulation
because they are conditionally exempt small quantity generators
pursuant to 40 CFR 261.5 (i.e., they generate no more than 100
kilograms of hazardous waste per month), will not be impacted by the
stay. Moreover, large and small generators alike can avoid having to
comply with RCRA regulatory requirements applicable to hazardous waste
mixtures during the pendency of the stay simply by not mixing used oil
and characteristic hazardous wastes. Additionally, during the pendency
of the stay, the Agency intends to focus its enforcement-related
activities only on large-quantity generators whose conduct is
especially egregious.
\6\ Persons who change their own oil (so-called ``do-it-yourself
'' or ``DIY'' used oil) are not subject to the used oil regulations,
40 CFR 279.20(a)(1), and this stay does not change how DIY used oil
is regulated under subtitles C and D of RCRA. See 40 CFR
261.4(b)(1).
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The limited number of States that have modified their programs to
incorporate the used oil mixture rule also will not be significantly
burdened by the stay. They are not required to modify their programs by
the effective date of the stay, but rather are required, on a
reasonable schedule, to adopt requirements no less stringent than the
federal requirements (unless during the time period during which the
States are to modify their programs EPA action on the new rulemaking
addressing the used oil mixture rule renders such action by the States
unnecessary). See 40 CFR 271.21(e)(2). Therefore, States that already
have modified their programs consistent with the used oil mixture rule
have flexibility to respond in an appropriate time frame to the stay.
In addition, the regulated community in these States will be
impacted only at such time as the States modify their programs. Even in
States that do modify their programs, the factors limiting the impact
on the regulated community discussed above would be applicable.
The majority of States have not modified their programs to
incorporate the provisions of the used oil mixture rule, so they will
not be significantly impacted by the stay because they simply can
maintain the status quo until the stay is lifted. In addition, in these
States the regulated community will not be significantly impacted
because it simply will have a continuing, uninterrupted obligation to
comply with the same regulatory requirements it has been subject to in
the past, and the factors limiting the impact on the regulated
community discussed above will be applicable here as well.
III. Agency Action
As discussed above, EPA is issuing an administrative stay of the
used oil mixture rule, 40 CFR 279.10(b)(2), until the Agency completes
a new rulemaking addressing that provision. This stay is issued
pursuant to section 705 of the Administrative Procedures Act, 5 U.S.C.
705, which authorizes EPA to postpone the effective date of action
taken by it when justice so requires, pending judicial review.
In its Order dated September 15, 1994, the D.C. Circuit expressly
retained jurisdiction over the Safety-Kleen Corp. case, so that case
still is pending before the court for judicial review. In addition, the
Agency finds that justice requires the issuance of this administrative
stay because, as discussed in detail above, it will enable the Agency
to address the precedential impact of the Chemical Waste Management
decision before the regulation takes effect, it will help ensure that
mixtures of used oil destined for recycling and characteristic
hazardous wastes are managed in a manner protective of human health and
the environment until the follow-up rulemaking concerning the used oil
mixture rule is completed, it will limit inconvenience to and confusion
and inconsistency among the States and within the regulated community
[[Page 55205]]
concerning how such mixtures are to be managed, and it will impose no
significant burden on the States or the regulated community.7
\7\ Although EPA does not regard today's administrative stay as
a rule subject to the requirements of 5 U.S.C. 553, were it viewed
as a rule there is good cause for issuing the stay without prior
notice and opportunity for comment pursuant to Sec. 553(b)(3)(B) for
the same reasons that issuing the stay is in the interests of
justice outlined above. In addition, EPA does not view today's stay
as subject to the requirement of RCRA Section 3010(b) that
regulations take effect six months after promulgation, but were it
viewed as subject to that provision the earlier effective date of
this stay, December 29, 1995, is warranted because the regulated
community does not need six months to come into compliance with the
stay. As noted above, in the vast majority of States, the regulated
community still operates under the regulatory framework in effect
prior to the promulgation of 40 CFR 279.10(b)(2), and the regulated
community will not need to change its practices within those States.
In the limited number of States in which the used oil mixture rule
has become effective, the regulated community operated under the
regulatory framework in effect prior to the promulgation of 40 CFR
279.10(b)(2) until recently, and readily should be able to conform
its conduct to those requirements. In addition, there is good cause
for adopting an earlier effective date for the same reasons that
issuing the stay is in the interests of justice outlined above.
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IV. Effects on State Authorization
Under RCRA section 3006, 42 U.S.C. 6926, EPA may authorize
qualified States to administer and enforce the RCRA program for
hazardous wastes within the State. See 40 CFR Part 271. Section 3006(h)
allows EPA to authorize State used oil management programs in the same
manner as State hazardous waste programs, even if EPA does not list
used oil as a hazardous waste.
EPA retains enforcement authority under sections 3008, 7003 and
3013 of RCRA following authorization of State hazardous waste and used
oil programs, although authorized States have primary enforcement
authority. Sections 3008 (d)(4), (d)(5) and (d)(7) of RCRA further
clarify that EPA may assess criminal penalties for violations of used
oil standards even if it does not identify used oil as a hazardous
waste. Once EPA grants authorization to a State, the State's
requirements become federally enforceable under subtitle C of RCRA. In
States that do not have authorization to administer and enforce the
RCRA programs for hazardous wastes and used oil, Federal requirements
are applicable.
For rules written under RCRA provisions that predate the enactment
of HSWA in 1984, authorized States administer their hazardous waste and
used oil management programs entirely under State law in lieu of EPA's
Federal program. The Federal requirements no longer apply in authorized
States. When new, more stringent Federal requirements are promulgated
or enacted, authorized States must develop equivalent authorities
within the time frame set out in 40 CFR Part 271. The new Federal
requirements do not take effect in an authorized State until the State
adopts the requirements as State law, and EPA may not enforce them
until it approves the State requirements as a revision to the
authorized State program.
The used oil management standards, 40 CFR Part 279, were
promulgated under section 3014(a) of RCRA, a provision that predates
the enactment of HSWA. As a result, the new standards took effect in
the four States (Wyoming, Alaska, Hawaii and Iowa) that lack
authorization to administer and enforce the RCRA programs for hazardous
waste and used oil on March 8, 1993. See 57 FR 41566, 41605 (1992). In
these States, as of December 29, 1995, today's document stays the
provisions of 40 CFR 279.10(b)(2), and reinstates the regulatory
requirements applicable to hazardous waste mixtures set forth in 40 CFR
261.3 (a)(2) and (d)(1), and other applicable provisions, as revised,
including but not limited to the 40 CFR Part 268 LDRs, until the Agency
completes a new rulemaking addressing 40 CFR 279.10(b)(2).
In States authorized to administer the RCRA programs for hazardous
waste and used oil, the new Federal used oil requirements do not become
applicable until the States revise their programs to adopt equivalent
requirements under State law. The used oil mixture rule, unlike most
provisions of the used oil management standards, generally is less
stringent than preexisting Federal regulatory requirements applicable
to mixtures containing characteristic hazardous waste. Compare 40 CFR
279.10(b)(2) with 40 CFR 261.3 (a)(2) and (d)(1). As a result, at the
time the used oil management standards were promulgated, States with
authorized programs had regulatory requirements in place applicable to
mixtures of used oil and characteristic hazardous wastes similar to the
preexisting, more stringent Federal requirements.
For authorized States in which no statutory change was required to
modify their hazardous waste and used oil programs, the State programs
were to be modified to reflect the new Federal used oil requirements by
July 1, 1994. See 57 Fed. Reg. 41566, 41605 (1992). For authorized
States in which a statutory change was required to modify their
programs to reflect the new Federal used oil requirements, new State
requirements were to become effective by July 1, 1995. Id.
To date, only a limited number of authorized States have modified
their programs to reflect the new Federal used oil management
standards. In those States, today's stay has the effect of requiring
them to remodify their programs to reinstate the more stringent
requirements of the preexisting regulations within the time frame set
out in 40 CFR 271.21(e)(2). These time frames may be extended in
certain cases under 40 CFR 271.21(e)(3), and, of course, may be
affected by the completion of the new rulemaking addressing the used
oil mixture rule to be initiated in the near future. In the remaining
authorized States, today's stay has the effect of requiring these
States to maintain their preexisting regulations, which should be no
less stringent than the EPA regulations governing mixtures containing
characteristic hazardous wastes applicable prior to promulgation of the
used oil mixture rule, until the Agency completes a new rulemaking
addressing 40 CFR 279.10(b)(2).
V. Executive Order 12866 8
Under Executive Order 12866, the Agency must determine whether a
regulatory action is ``significant'' and therefore subject to OMB
review and the requirements of the Executive Order. That Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
\8\ EPA has evaluated the applicability of Executive Order 12866
to the administrative stay even though, as noted above, the Agency
does not regard the stay as a rule.
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(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the bugdetary impact of entitlements, grants,
user fees, or loan payments or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.
VI. Paperwork Reduction Act
This action does not contain any new information collection
requirements subject to Office of Management and Budget (``OMB'')
review under the
[[Page 55206]]
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et seq.
Today's action reinstates preexisting information collection
requirements imposed under existing RCRA regulations. These
requirements have been approved by OMB under the Paperwork Reduction
Act and have been assigned OMB Control Number 2050-0085 (see ICR
#1442.04, land-disposal restrictions for newly listed waste and
hazardous debris; ICR #1442.05, land-disposal restrictions for
ignitable and corrosive characteristic wastes; ICR #1442.06, land-
disposal restrictions for newly listed and identified wastes; and ICR
#1442.07, land-disposal restrictions for decharacterized wastewaters,
carbomate, and organobromine waste and spent aluminum potliners).
List of Subjects in 40 CFR Part 279
Environmental protection, Petroleum, Recycling, Reporting and
recordkeeping requirements, Used oil.
Dated: October 3, 1995.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, title 40 of the Code of
Federal Regulations is amended as follows:
PART 279--STANDARDS FOR THE MANAGEMENT OF USED OIL
1. The authority citation for part 279 continues to read as
follows:
Authority: Sections 1006, 2002(a), 3001 through 3007, 3010,
3014, and 7004 of the Solid Waste Disposal Act, as amended (42
U.S.C. 6905, 6912(a), 6921 through 6927, 6930, 6934, and 6974); and
Sections 101(37) and 114(c) of CERCLA (42 U.S.C. 9601(37) and
9614(c)).
2. Section 279.10(b)(2) is amended by adding the following note
immediately after paragraph (b)(2)(iii) to read as follows:
Sec. 279.10 Applicability.
* * * * *
(b) * * *
(2) * * *
Note to paragraph (b)(2) of this section: The regulatory
requirements set forth in 40 CFR 279.10(b)(2) for mixtures of used
oil and hazardous waste that solely exhibits one or more of the
hazardous waste characteristics identified in subpart C of 40 CFR
Part 261, and mixtures of used oil and hazardous waste that are
listed in subpart D of 40 CFR Part 261 solely because it exhibits
one or more of the characteristics of hazardous waste identified in
subpart C, are administratively stayed as of December 29, 1995. The
effect of the stay is to reinstate for such mixtures the regulatory
requirements otherwise applicable to hazardous waste mixtures,
including but not limited to those set forth in 40 CFR Parts 260-
266, 268, 270, and 271, until the Agency completes a new rulemaking
addressing that provision.
* * * * *
[FR Doc. 95-26459 Filed 10-27-95; 8:45 am]
BILLING CODE 6560-50-P
