99-32075. Revisions to Guidelines for the Storage and Collection of Residential, Commercial, and Institutional Solid Waste  

  • [Federal Register Volume 64, Number 242 (Friday, December 17, 1999)]
    [Rules and Regulations]
    [Pages 70602-70606]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-32075]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 243
    
    [FRL-6505-6]
    RIN 2050-AE66
    
    
    Revisions to Guidelines for the Storage and Collection of 
    Residential, Commercial, and Institutional Solid Waste
    
    AGENCY: Environmental Protection Agency.
    
    ACTION: Direct Final Rule.
    
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    SUMMARY: The Environmental Protection Agency is revising Guidelines for 
    the Storage and Collection of Residential, Commercial, and 
    Institutional Solid Waste to incorporate by reference new voluntary 
    consensus standards from the American National Standards Institute 
    (ANSI). We are making these revisions in response to a petition for 
    rulemaking from the Waste Equipment Technology Association who 
    requested that we update the references to ANSI standards. This 
    revision assures that the Guidelines include references to the most 
    current national safety standards.
    
    DATES: This final action will become effective on March 17, 2000 unless 
    EPA receives adverse comment by January 18, 2000. If we receive adverse 
    comment, we will publish a withdrawal of this direct final rule in the 
    Federal Register informing the public that the rule will not take 
    effect. The Director of the Federal Register approved the incorporation 
    by reference of the publications listed in rule March 17, 2000.
    
    ADDRESSES: Commenters must send an original and two copies of their 
    comments referencing docket number F-99-COLF-FFFFF to: (1) if using 
    regular US Postal Service mail: RCRA Docket Information Center, Office 
    of Solid Waste (5305G), U.S. Environmental Protection Agency 
    Headquarters (EPA, HQ), 401 M Street, SW, Washington, DC 20460-0002, or 
    (2) if using special delivery, such as overnight express service: RCRA 
    Docket Information Center (RIC), Crystal Gateway One, 1235 Jefferson 
    Davis Highway, First Floor, Arlington, VA 22202. Comments may also be 
    submitted electronically through the Internet to: rcra-docket@epa.gov. 
    Comments in electronic format should also be identified by the docket 
    number F-99-COLF-FFFFF and must be submitted as an ASCII file avoiding 
    the use of special characters and any form of encryption.
        You can view supporting materials for this document in the RCRA 
    Information Center (RIC). The RIC is located at Crystal Gateway I, 
    First Floor, 1235 Jefferson Davis Highway, Arlington, VA, and is open 
    from 9 a.m. to 4 p.m., Monday through Friday, excluding federal 
    holidays. The Docket Identification Number for this notice is F-99-
    COLF-FFFFF.
        To review docket materials, we recommend that you make an 
    appointment by calling 703 603-9230. You may copy a maximum of 100 
    pages from any regulatory docket at no charge. Additional copies cost 
    $0.15/page.
        The index is available electronically. See the Supplementary 
    Information section for information on accessing the index.
    
    FOR FURTHER INFORMATION CONTACT: For general information, contact the 
    RCRA Hotline at 800 424-9346 or TDD 800 553-7672 (hearing impaired). In 
    the Washington, DC, metropolitan area, call 703 412-9810 or TDD 703 
    412-3323.
        For more detailed information on specific aspects of this 
    rulemaking, contact Mr. Dwight Hlustick, U. S. Environmental Protection 
    Agency, Office of Solid Waste (5306W), 401 M Street, SW, Washington, DC 
    20460, 703 308-8647, [HLUSTICK [email protected]].
    
    SUPPLEMENTARY INFORMATION: The index of supporting information is 
    available on the Internet. Follow these instructions to access the 
    index electronically:
    
    WWW: http://www.epa.gov/osw/
    FTP: ftp.epa/gov
    Login: anonymous
    Password: your Internet address
    
        Files are located in /pub/epaoswer.
        The following supporting materials are available for viewing in the 
    RCRA Information Center (RIC):
        Petition for Rulemaking--Proposed Modification to the Requirements 
    and Recommended Procedures for Solid Waste Collection Equipment (40 CFR 
    Part 243), submitted to Robert Dellinger and Larry Starfield (US EPA), 
    submitted from Waste Equipment Technology Association, March 24, 1997.
        Mobile Refuse Collection and Compaction Equipment--Safety 
    Requirements, 1992, American National Standards Institute, ANSI Z245.1-
    1992.
        Stationary Compactors--Safety Requirements, 1997, American National 
    Standards Institute, ANSI Z245.2-1997.
        Waste Containers--Safety Requirements, 1994, American National 
    Standards Institute, ANSI Z245.30-1994.
        Waste Containers--Compatibility Dimensions, 1996, American National
    
    [[Page 70603]]
    
    Standards Institute, ANSI Z245.60-1996.
        Regulated Entities. The entities that will be potentially regulated 
    by this action are public or private owners or operators of solid waste 
    collection and transport equipment, and include the following:
    
    ------------------------------------------------------------------------
                                                    Examples of regulated
                     Category                             entities
    ------------------------------------------------------------------------
    Federal Government........................  Agencies procuring waste
                                                 services.
    Industry..................................  Owners or operators of solid
                                                 waste collection services.
    Municipal and Tribal Governments..........  Owners or operators of solid
                                                 waste collection services.
    ------------------------------------------------------------------------
    
        This table is a guide for readers that describes which entities are 
    likely to be affected by this action. It lists the types of entities 
    EPA is now aware could potentially be impacted by today's action. It is 
    possible that other types of entities not listed in the table could 
    also be affected. To determine whether you would be impacted by this 
    action, you should carefully examine the applicability criteria. If you 
    have questions about whether this action applies to a particular 
    facility, please consult Mr. Dwight Hlustick, U. S. Environmental 
    Protection Agency, Office of Solid Waste (5306W), 401 M Street, SW, 
    Washington, DC 20460, 703 308-8647, [HLUSTICK [email protected]].
    
    Preamble Outline
    
    I. Under what authority is EPA promulgating this rule?
    II. What is the background for this rule?
    III. What does this rule do?
    IV. How does this rule comply with applicable statutes and executive 
    orders?
        A. Executive Order 12866 (OMB Review):
        B. Regulatory Flexibility Act
        C. Unfunded Mandates Reform Act
        D. Paperwork Reduction Act
        E. Executive Order 12875: Enhancing the Intergovernmental 
    Partnership
        F. Executive Order 13084: Consultation and Coordination with 
    Indian Tribal Governments
        G. Executive Order 13045: Protection of Children from 
    Environmental Risks and Safety Risks
        H. National Technology Transfer and Advancement Act of 1995
        I. Executive Order 12898: Environmental Justice
        J. Executive Order 12088 (Compliance of Federal Agencies with 
    the Solid Waste Disposal Act):
        K. Submission to Congress and General Accounting Office
    
    I. Under What Authority is EPA Promulgating This Rule?
    
        The Agency is promulgating this rule under the authority of 
    Sections 1008(a)(3), 2002(a)(1), and 4004(a) of the Resource 
    Conservation and Recovery Act (RCRA), as amended, 42 USC 6907(a)(3), 
    6912(a)(1), and 6944(a).
    
    II. What is the Background for This Rule?
    
        EPA promulgated the Part 243--Guidelines for the Storage and 
    Collection of Residential, Commercial, and Institutional Solid Waste in 
    1976. In 40 CFR 243.202-1(d), these guidelines referenced safety 
    standards that had been established as consensus standards. The 
    reference was to American National Standards Institute (ANSI ) standard 
    Z245.1--Safety Standards for Refuse Collection Equipment.
        ANSI's current policy is to revise each standard every five years. 
    This means that the safety standards referenced in 40 CFR 243.202-1(d) 
    have been revised since 1976.
        The original safety standard referenced in the 1976 guideline has 
    been expanded in scope. In 1976, ANSI Z245.1 covered the following 
    types of collection equipment;
        (1) Rear-loading compaction equipment,
        (2) Side-loading compaction equipment,
        (3) Front-loading compaction equipment,
        (4) Tilt-frame equipment,
        (5) Hoist-type equipment,
        (6) Satellite vehicles,
        (7) Special collection compaction equipment, and
        (8) Stationary compaction equipment.
        Now Z245.1 has evolved into the following series of four separate 
    standards.
        (1) Z245.1--Mobile Refuse Collection and Compaction Equipment--
    Safety Requirements;
        a. Front-loading equipment,
        b. Rear-loading equipment,
        c. Satellite vehicles
        d. Side-loading equipment,
        e. Tilt-frame and hoist-type equipment,
        f. Mechanized container collecting vehicles,
        g. Recycling vehicles, and
        h. Transfer trailers;
        (2) Z245.2--Stationary Compactors--Safety Requirements;
        (3) Z245.3--Waste Containers--Safety Requirements; and
        (4) Z245.6--Waste Containers--Compatibility Dimensions.
        In today's rule, EPA is revising the Part 243 guidelines to 
    incorporate the above four standards. Each type of equipment covered in 
    the original guideline is still covered in these revisions. In 
    addition, EPA has added voluntary consensus standards for waste 
    containers which did not exist at the time of the original rulemaking.
        The waste container standards were added because waste containers 
    are an integral part of most waste collection systems.
        The petitioners also requested that balers be included in this 
    regulation. Although they are an important part of some waste 
    collection systems, they are not an integral part of many waste 
    collection systems and they were not included in the original 
    regulation. There may also be some question whether balers should be 
    considered part of a waste collection system. Therefore, EPA is not 
    including standards for balers in this rule.
    
    III. What Does This Rule Do?
    
    Overview of This Rule
    
        This rule changes three sections; Secs. 243.100, 243.200-1, and 
    243.202-1. The changes are made through incorporation by reference. All 
    of the changes are made in the ``Requirements'' sections of the 
    guideline. ``Requirements'' are minimum levels of performance that 
    solid waste collection operations are required to meet. These 
    guidelines are mandatory for Federal agencies and recommended to State, 
    interstate, regional, and local governments for their activities.
    
    Specific Changes
    
        The changes to Sec. 243.100 paragraphs (c) and (g) update 
    references to an Executive Order. The current regulations refer to 
    Executive Order 11752. That Executive Order has been replaced by 
    Executive Order 12088. Today's rule changes the text to refer to the 
    new Executive Order 12088.
        The changes to Sec. 243.200-1 add a new paragraph (e). The new 
    paragraph (e) adds the Safety Requirements and Compatibility Dimensions 
    to the Waste Containers requirement of the guidelines. These guidelines 
    address requirements for waste containers used for storage of solid 
    waste and for materials that have been separated for the purpose of 
    recycling.
        The changes to Sec. 243.202-1 update the safety requirements for 
    both mobile equipment and stationary compactors. The safety 
    requirements for mobile equipment are updated from the 1976 standards 
    to new standards finalized in 1992. The safety requirements for 
    stationary compactors are updated from
    
    [[Page 70604]]
    
    the 1976 standards to new standards finalized in 1997. The safety 
    requirements are applicable to many types of solid waste collection 
    vehicles and to stationary compactors.
    
    Why EPA Is Making These Changes
    
        We are making these changes at the request of Waste Equipment 
    Technology Association to modify the ANSI standards because we believe 
    the newer standards have a number of improved safety provisions. For 
    example, the updated standards require the use of grab handles, riding 
    steps, and slip resistant surfaces on loading platforms. Therefore, we 
    believe, that if the industry follows these new standards, the accident 
    rate for solid waste collection industry should be reduced. These 
    features should reduce risks both to people who collect solid waste as 
    well as to the general public.
    
    IV. How Does This Rule Comply With Applicable Statutes and 
    Executive Orders?
    
    A. Executive Order 12866 (OMB Review)
    
        Under Executive Order 12866, EPA must determine whether a 
    regulatory action is significant and therefore subject to OMB review 
    and the other provisions of the Executive Order. A significant 
    regulatory action is defined by Executive Order 12866 as one that may: 
    (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 budgetary impact of entitlements, grants, user fees, or loan 
    programs or rights and obligations or 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 Executive Order 
    12866.
        We have 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.
    
    B. Regulatory Flexibility Act
    
        The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended 
    by the Small Business Regulatory Enforcement Fairness Act of 1996 
    (SBREFA), generally requires an agency to prepare, and make available 
    for public comment, a regulatory flexibility analysis that describes 
    the impact of a proposed or final rule on small entities (i.e., small 
    businesses, small organizations, and small governmental jurisdictions). 
    However, no regulatory flexibility analysis is required if the head of 
    an agency certifies the rule will not have a significant adverse impact 
    on a substantial number of small entities.
        SBREFA amended the Regulatory Flexibility Act to require Federal 
    agencies to provide a statement of the factual basis for certifying 
    that a rule will not have a significant economic impact on a 
    substantial number of small entities. The following discussion explains 
    EPA's determination.
        The effect of this rule is to encourage purchasers of waste 
    containers and solid waste collection vehicles to procure equipment 
    that meets current industry voluntary consensus standards for safety. 
    The rule contains recommendations, not requirements, to State and local 
    governments; therefore, it does not impose new burdens on small 
    entities. Additionally, it is the Agency's understanding that all new 
    solid waste collection equipment meets the current ANSI standards. As a 
    result, this rule does not impose new burdens on small entities. 
    Therefore, pursuant to 5 U.S.C. 605b, I hereby certify that this rule 
    will not have a significant adverse impact on a substantial number of 
    small entities. Hence, this rule does not require a regulatory 
    flexibility analysis.
    
    C. Unfunded Mandates Reform Act
    
        Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
    Law 104-4, establishes requirements for Federal agencies to assess the 
    effects of regulatory actions on State, local, and Tribal governments, 
    and the private sector. Under Section 202 of the UMRA, EPA generally 
    must prepare a written statement, including a cost-benefit analysis, 
    for proposed and final rules with ``Federal mandates'' that may result 
    in expenditures to State, local, and tribal governments, in the 
    aggregate, or to the private sector, of $100 million or more in any one 
    year. Before promulgating an EPA rule for which a written statement is 
    needed, Section 205 of the UMRA generally requires EPA to identify and 
    consider a reasonable number of alternatives and adopt the least 
    costly, most cost effective or least burdensome alternative that 
    achieves the objective of the rule. The provisions of Section 205 do 
    not apply when they are inconsistent with applicable law. Moreover, 
    Section 205 allows EPA to adopt an alternative other than the least 
    costly, most cost-effective or least burdensome alternative if the 
    Administrator publishes with the final rule an explanation why that 
    alternative was not adopted. Before EPA establishes any regulatory 
    requirements that may significantly or uniquely affect small 
    governments, including tribal governments, it must have developed under 
    Section 203 of the UMRA a small government agency plan. The plan must 
    provide for notifying potentially affected small governments, enabling 
    officials of affected small governments to have meaningful and timely 
    input in the development of EPA regulatory proposals with significant 
    Federal intergovernmental mandates, and informing, educating, and 
    advising small governments on compliance with the regulatory 
    requirements.
        EPA's analysis of compliance with the Unfunded Mandates Reform Act 
    of 1995 found that this rule imposes no enforceable duty on any State, 
    local or tribal governments or the private sector. Thus, today's rule 
    is not subject to the requirements of sections 202 and 205 of UMRA. 
    States are encouraged to participate in the development of voluntary 
    consensus standards such as the ones referenced in this rule.
    
    D. Paperwork Reduction Act
    
        Today's rule is in compliance with the Paperwork Reduction Act, 44 
    U.S.C. 3501 et seq. We found that no information is being collected 
    from the States, Federal Agencies, or industry for the existing rule 
    and today's revision would not require the collection of any additional 
    information. Therefore, we do not need to prepare an Information 
    Collection Request (ICR).
    
    E. Executive Order 13132 (Federalism)
    
        Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
    10, 1999), requires EPA to develop an accountable process to ensure 
    ``meaningful and timely input by State and local officials in the 
    development of regulatory policies that have federalism implications.'' 
    ``Policies that have federalism implications'' is defined in the 
    Executive Order to include regulations that 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.'' Under 
    Executive Order 13132, EPA may not issue a regulation that has 
    federalism implications, that imposes substantial direct compliance 
    costs, and that is not required by statute, unless the Federal 
    government provides the funds necessary to pay the direct compliance 
    costs incurred by State and local governments, or EPA consults with 
    State and local officials early in the process of developing the 
    proposed regulation. EPA also may not issue a
    
    [[Page 70605]]
    
    regulation that has federalism implications and that preempts State law 
    unless the Agency consults with State and local officials early in the 
    process of developing the proposed regulation.
        If EPA complies by consulting, Executive Order 13132 requires EPA 
    to provide to the Office of Management and Budget (OM), in a separately 
    identified section of the preamble to the rule, a federalism summary 
    impact statement (FSIS). The FSIS must include a description of the 
    extent of EPA's prior consultation with State and local officials, a 
    summary of the nature of their concerns and the agency's position 
    supporting the need to issue the regulation, and a statement of the 
    extent to which the concerns of State and local officials have been 
    met. Also, when EPA transmits a draft final rule with federalism 
    implications to OMB for review pursuant to Executive Order 12866, EPA 
    must include a certification from the agency's Federalism Official 
    stating that EPA has met the requirements of Executive Order 13132 in a 
    meaningful and timely manner.
        This final rule 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 is so because the incorporation of these revised ANSI standards 
    into the Part 243 guidelines imposes no mandate on states or local 
    governments. Instead, we provide the Part 243 guidelines only as 
    recommendations for states, interstate, regional, and local 
    governments. Part 243 sets forth requirements only for federal 
    agencies. See 40 CFR section 243.100(c).'' Thus, the requirements of 
    section 6 of the Executive Order do not apply to this rule.
    
    F. Executive Order 13084: Consultation and Coordination with Indian 
    Tribal Governments
    
        Under Executive Order 13084, EPA may not issue a regulation that is 
    not required by statute, that significantly or uniquely affects the 
    communities of Indian tribal governments, and that imposes substantial 
    direct compliance costs on those communities, unless the Federal 
    government provides the funds necessary to pay the direct compliance 
    costs incurred by the tribal governments, or EPA consults with those 
    governments. If EPA complies by consulting, Executive Order 13084 
    requires EPA to provide to the Office of Management and Budget, in a 
    separately identified section of the preamble to the rule, a 
    description of the extent of EPA's prior consultation with 
    representatives of affected tribal governments, a summary of the nature 
    of their concerns, and a statement supporting the need to issue the 
    regulation. In addition, Executive Order 13084 requires EPA to develop 
    an effective process permitting elected officials and other 
    representatives of Indian tribal governments ``to provide meaningful 
    and timely input in the development of regulatory policies on matters 
    that significantly or uniquely affect their communities.''
        Today's rule change does not significantly or uniquely affect the 
    communities of Indian tribal governments. The impact of these revisions 
    on tribal governments is minimal and no different than any other 
    governmental entity affected. These revisions do not require any new 
    mandates for the tribes, but merely update existing voluntary 
    standards. Accordingly, the requirements of section 3(b) of Executive 
    Order 13084 do not apply to this rule.
    
    G. Executive Order 13045: Protection of Children From Environmental 
    Health Risks and Safety Risks
    
        Executive Order 13045, ``Protection of Children from Environmental 
    Health Risks and Safety Risks'' (applies to any rule that: (1) is 
    determined to be ``economically significant'' as defined under E.O. 
    12866, and (2) concerns an environmental health or safety risk that EPA 
    has reason to believe may have a disproportionate effect on children. 
    If the regulatory action meets both criteria, the Agency must evaluate 
    the environmental health or safety effects of the planned rule on 
    children, and explain why the planned regulation is preferable to other 
    potentially effective and reasonably feasible alternatives considered 
    by the Agency.
        This rule is not subject to E.O. 13045 because it is not an 
    economically significant rule as defined by E.O. 12866, and because it 
    does not affect decisions involving the environmental health or safety 
    risks to children.
    
    H. National Technology Transfer and Advancement Act of 1995
    
        Under Section 12(d) of the National Technology Transfer and 
    Advancement Act (NTTAA), EPA is required to use voluntary consensus 
    standards in its regulatory activities unless to do so would be 
    inconsistent with applicable law or otherwise impractical.
        This direct final rule complies with the requirements of the NTTAA 
    because it utilizes voluntary consensus standards developed by the 
    American National Standards Institute (ANSI). The ANSI is a voluntary 
    consensus standards-setting body under the NTTAA.
    
    I. Executive Order 12898: Environmental Justice
    
        Under Executive Order 12898, ``Federal Actions to Address 
    Environmental Justice in Minority Populations and Low-Income 
    Populations,'' as well as through EPA's April 1995, ``Environmental 
    Justice Strategy, OSWER Environmental Justice Task Force Action Agenda 
    Report,'' and National Environmental Justice Advisory Council, EPA has 
    undertaken to incorporate environmental justice into its policies and 
    programs. EPA is committed to addressing environmental justice 
    concerns, and is assuming a leadership role in environmental justice 
    initiatives to enhance environmental quality for all residents of the 
    United States. The Agency's goals are to ensure that no segment of the 
    population, regardless of race, color, national origin, or income, 
    bears disproportionately high and adverse human health and 
    environmental effects as a result of EPA's policies, programs, and 
    activities, and all people live in clean and sustainable communities.
        The Agency believes that today's rule change revising voluntary 
    consensus standards into guidelines for waste containers and solid 
    waste collection vehicles will not have an adverse environmental or 
    economic impact on any minority or low-income group, or on any other 
    type of affected community since these standards will not significantly 
    affect the location of any solid waste collection facility. These are 
    updated safety standards to assure minimal safety requirements for 
    waste collection equipment.
    
    J. Executive Order 12088 (Compliance of Federal Agencies With the Solid 
    Waste Disposal Act)
    
        Executive Order 12088 requires each head of a Federal Agency to 
    comply with standards issued under several laws, including the Solid 
    Waste Disposal Act. Executive Order 12088 revoked an older Executive 
    Order 11752. Part 243 included two outdated references to Executive 
    Order 11752 at Secs. 243.100 (c) and (g). Today's rule replaced the old 
    references to Executive Order 11752 with Executive Order 12088.
    
    K. Submission to Congress and General Accounting Office
    
        The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
    Small Business Regulatory Enforcement
    
    [[Page 70606]]
    
    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 and other required information 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. 
    A Major rule cannot take effect until 60 days after it is published 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 March 17, 2000, unless EPA 
    receives adverse comment by January 18, 2000.
    
    List of Subjects in 40 CFR Part 243
    
        Environmental protection, Government property, Incorporation by 
    reference, Waste treatment and disposal.
    
        Dated: December 3, 1999.
    Carol M. Browner,
    Administrator.
    
        For reasons set out in the preamble, title 40, chapter I of the 
    Code of Federal Regulations is amended as follows:
    
    PART 243--GUIDELINES FOR THE STORAGE AND COLLECTION OF RESIDENTIAL, 
    COMMERCIAL, AND INSTITUTIONAL SOLID WASTE
    
        1. The authority citation for Part 243 is revised to read as 
    follows:
    
        Authority: 42 U.S.C. 6907(a)(3), 6912(a)(1), and 6944(a).
    
        2. Section 243.100 is amended by revising paragraphs (c) and (g) to 
    read as follows:
    
    
    Sec. 243.100  Scope.
    
    * * * * *
        (c) The ``Requirement'' sections contained herein delineate minimum 
    levels of performance required of solid waste collection operations. 
    Under section 211 of the Solid Waste Disposal Act, as amended, and 
    Executive Order 12088, the ``Requirement'' sections of these guidelines 
    are mandatory for Federal agencies. In addition, they are recommended 
    to State, interstate, regional, and local governments for use in their 
    activities.
    * * * * *
        (g) The Environmental Protection Agency will give technical 
    assistance and other guidance to Federal agencies when requested to do 
    so under section 3(D)1 of Executive Order 12088.
    * * * * *
        3. Section 243.200-1 is amended by adding a new paragraph (e) to 
    read as follows:
    
    
    Sec. 243.200-1  Requirement.
    
    * * * * *
        (e) Waste containers used for the storage of solid waste (or 
    materials which have been separated for recycling) must meet the 
    standards established by the American National Standards Institute 
    (ANSI) for waste containers as follows: Waste Containers--Safety 
    Requirements, 1994, American National Standards Institute, ANSI 
    Z245.30-1994; and Waste Containers--Compatibility Dimensions, 1996, 
    American National Standards Institute, ANSI Z245.60-1996.
        (1) The Director of the Federal Register approves this 
    incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR 
    part 51.
        (2) You may obtain a copy from American National Standards 
    Institute, 11 W. 42nd Street, New York, NY 10036. You may inspect a 
    copy at the Environmental Protection Agency's RCRA Information Center, 
    1235 Jefferson Davis Highway, Arlington, VA or at the Office of the 
    Federal Register, 800 North Capitol Street, NW, Suite 700, Washington, 
    DC.
        4. Section 243.202-1 is amended by revising (d) to read as follows 
    (the undesignated paragraph following paragraph (d) is not changed):
    
    
    Sec. 243.202-1  Requirement.
    
    * * * * *
        (d) Collection equipment used for the collection, storage, and 
    transportation of solid waste (or materials which have been separated 
    for recycling) must meet the standards established by the American 
    National Standards Institute as follows: Mobile Refuse Collection and 
    Compaction Equipment--Safety Requirements, 1992, American National 
    Standards Institute, ANSI Z245.1-1992; and Stationary Compactors--
    Safety Requirements, 1997, American National Standards Institute, ANSI 
    Z245.2-1997.
        (1) The Director of the Federal Register approves this 
    incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR 
    part 51.
        (2) You may obtain a copy from American National Standards 
    Institute, 11 W. 42nd Street, New York, NY 10036. You may inspect a 
    copy at the Environmental Protection Agency's RCRA Information Center, 
    1235 Jefferson Davis Highway, Arlington, VA or at the Office of the 
    Federal Register, 800 North Capitol Street, NW, Suite 700, Washington, 
    DC.
    * * * * *
    [FR Doc. 99-32075 Filed 12-16-99; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
3/17/2000
Published:
12/17/1999
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct Final Rule.
Document Number:
99-32075
Dates:
This final action will become effective on March 17, 2000 unless EPA receives adverse comment by January 18, 2000. If we receive adverse comment, we will publish a withdrawal of this direct final rule in the Federal Register informing the public that the rule will not take effect. The Director of the Federal Register approved the incorporation by reference of the publications listed in rule March 17, 2000.
Pages:
70602-70606 (5 pages)
Docket Numbers:
FRL-6505-6
RINs:
2050-AE66: Revisions to Guidelines for the Storage and Collection of Residential, Commercial, and Institutional Solid Waste
RIN Links:
https://www.federalregister.gov/regulations/2050-AE66/revisions-to-guidelines-for-the-storage-and-collection-of-residential-commercial-and-institutional-s
PDF File:
99-32075.pdf
CFR: (3)
40 CFR 243.100
40 CFR 243.202-1
40 CFR 243.200-1