[Federal Register Volume 63, Number 234 (Monday, December 7, 1998)]
[Proposed Rules]
[Pages 67562-67571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32425]
[[Page 67561]]
_______________________________________________________________________
Part VI
Environmental Protection Agency
_______________________________________________________________________
40 CFR Parts 262, 264, 265, and 270
Project XL Rulemaking for New York State Public Utilities; Hazardous
Waste Management System; Proposed Rule
Federal Register / Vol. 63, No. 234 / Monday, December 7, 1998 /
Proposed Rules
[[Page 67562]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 262, 264, 265, and 270
[FRL-6197-7]
Project XL Rulemaking for New York State Public Utilities;
Hazardous Waste Management System
AGENCY: Environmental Protection Agency (EPA).
ACTION: Request for comment on proposed rule and draft final project
agreement.
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SUMMARY: Today's proposed rule would provide regulatory flexibility
under the Resource Conservation and Recovery Act (RCRA), as amended. It
would allow participating New York State Utilities to accumulate
hazardous waste, which they generate at remote locations, at designated
Utility-owned central collection facilities (UCCFs) for up to 90 days
subject to specified hazardous waste generator requirements. EPA is
proposing this rule to implement an XL project for Utilities in New
York State. The terms of the XL project are defined in the draft Final
Project Agreement (FPA) on which EPA is also requesting comments. The
draft FPA explains the project in detail, while the proposed rule would
enable New York State Department of Environmental Conservation (NYSDEC)
to implement portions of the project requiring regulatory
authorization.
In order to qualify for the flexibility that the proposed rule, if
adopted, would provide, New York State Utilities must initiate and
comply with public notice and participation requirements set forth in
the rule regarding the designation and approval of UCCFs. Subsequent to
these public participation procedures, Utilities must receive
authorization from EPA to participate in the flexibility provided by
this proposed rule. This proposed rule is intended to provide
regulatory changes to implement this XL project. The agency expects
this XL project to result in superior environmental performance in New
York State, while providing cost savings to participating Utilities.
DATES: Public Comments: Comments on the proposed rule and/or FPA must
be received on or before January 6, 1999.
Public Hearing: Commenters may request a public hearing during the
public comment period. Commenters requesting a public hearing should
specify the basis for their request. If EPA determines that there is
sufficient reason to hold a public hearing, it will do so after the
public comment period. Requests for a public hearing should be
submitted to the address below. If a public hearing is scheduled, the
date, time, and location will be announced in the Federal Register.
ADDRESSES: Written comments and requests for a hearing should be mailed
to the RCRA Information Center Docket Clerk (5305G), U.S. Environmental
Protection Agency, 401 M Street, S.W., Washington, D.C. 20460. Please
send an original and two copies of all comments, and refer to Docket
Number F-98-NYSP-FFFFF. A copy should also be sent to Mr. Philip Flax
at U.S. Environmental Protection Agency, Region 2, 290 Broadway, New
York, NY 10007-1866.
Viewing Docket Materials: A docket containing public comments and
supporting materials is available for public inspection and copying at
the RCRA Information Center (RIC), located at Crystal Gateway, 1235
Jefferson Davis Highway, First Floor, Arlington, Virginia. The RIC is
open from 9:00am to 4:00pm Monday through Friday, excluding federal
holidays. The public is encouraged to phone in advance to review docket
materials. Appointments can be scheduled by phoning the Docket Office
at (703) 603-9230. Refer to RCRA docket number F-98-NYSP-FFFFF. The
public may copy a maximum of 100 pages from any regulatory docket at no
charge. Additional copies cost 15 cents per page.
A duplicate copy of the docket is available for inspection and
copying at U.S. EPA, Region 2, 290 Broadway, New York, NY 10007-1866
during normal business hours. Persons wishing to view the duplicate
docket at the New York location are encouraged to contact Mr. Philip
Flax in advance, by telephoning (212) 637-4143. Information is also
available on the world wide web at http://www.epa.gov/ProjectXL.
FOR FURTHER INFORMATION CONTACT: Mr. Philip Flax, U.S. EPA, Region 2,
290 Broadway, New York, NY 10007-1866, (212) 637-4143.
SUPPLEMENTARY INFORMATION:
Outline of Today's Document
The information presented in this preamble is organized as follows:
I. Authority
II. Background
A. Overview of Project XL
B. Overview of the NYSDEC XL Project
1. Introduction
2. NYSDEC XL Project Description
3. Environmental Benefits
4. Economic Benefits
5. Stakeholder Involvement
6. Project Duration and Completion
C. Rule Description
III. Additional Information
A. Public Hearing
B. Executive Order 12866
C. Regulatory Flexibility
D. Paperwork Reduction Act
E. Unfunded Mandates Reform Act
F. RCRA/HSWA
1. Applicability of Rules in Authorized States
2. Effect on New York State Authorization
G. Applicability of Executive Order 13045
H. Executive Order 12875: Enhancing Intergovernmental
Partnerships
I. Executive Order 13084: Consultation and Coordination With
Indian Tribal Governments
J. National Technology Transfer and Advancement Act
I. Authority
These regulations are being proposed under the authority of
sections 2002(a), 3001, 3002, 3004, 3005, 3006, 3010, and 7004 of the
Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act, as amended, 42 U.S.C. 6912(a), 6921, 6922, 6924, 6925,
6926, 6930, and 6974.
II. Background
A. Overview of Project XL
The draft FPA sets forth the intentions of EPA and the NYSDEC with
regard to a project developed under Project XL, an EPA initiative to
allow regulated entities to achieve better environmental results at
less cost. The regulation would facilitate implementation of the
project. Project XL--``eXcellence and Leadership''was announced on
March 16, 1995, as a central part of the National Performance Review
and the EPA's effort to reinvent environmental protection. See 60 FR
27282 (May 23, 1995). Project XL provides a limited number of private
and public regulated entities an opportunity to develop their own pilot
projects to provide regulatory flexibility that will result in
environmental protection that is superior to what would be achieved
through compliance with current and reasonably anticipated future
regulations. These efforts are crucial to EPA's ability to test new
strategies that reduce the regulatory burden and promote economic
growth while achieving better environmental and public health
protection. EPA intends to evaluate the results of this and other XL
projects to determine which specific elements of the project(s), if
any, should be more broadly applied to other regulated entities for the
benefit of both the economy and the environment.
Under Project XL, participants in four categories--facilities,
industry sectors, governmental agencies and communities--are offered
the flexibility to develop common sense, cost-effective strategies that
will replace or modify
[[Page 67563]]
specific regulatory requirements, on the condition that they produce
and demonstrate superior environmental performance. To participate in
Project XL, applicants must develop alternative pollution reduction
strategies pursuant to eight criteria: superior environmental
performance; cost savings and paperwork reduction; local stakeholder
involvement and support; test of an innovative strategy;
transferability; feasibility; identification of monitoring, reporting
and evaluation methods; and avoidance of shifting the risk burden. They
must have full support of affected federal, state and tribal agencies
to be selected.
For more information about the XL criteria, readers should refer to
the two descriptive documents published in the Federal Register (60 FR
27282, May 23, 1995 and 62 FR 19872, April 23, 1997), and the December
1, 1995 ``Principles for Development of Project XL Final Project
Agreements'' document. For further discussion as to how the NYSDEC XL
project addresses the XL criteria, readers should refer to the draft
Final Project Agreement and fact sheet that are available from the
docket for this action (see ADDRESSES section of today's preamble).
Project XL is intended to allow the EPA to experiment with untried,
potentially promising regulatory approaches, both to assess whether
they provide benefits at the specific facility affected, and whether
they should be considered for wider application. Such pilot projects
allow the EPA to proceed more quickly than would be possible when
undertaking changes on a nationwide basis. EPA may modify rules, on a
site-or state-specific basis, that represent one of several possible
policy approaches within a more general statutory directive, so long as
the alternative being used is permissible under the statute.
Adoption of such alternative approaches or interpretations in the
context of a given XL project does not, however, signal EPA's
willingness to adopt that interpretation as a general matter, or even
in the context of other XL projects. It would be inconsistent with the
forward-looking nature of these pilot projects to adopt such innovative
approaches prematurely on a widespread basis without first determining
whether or not they are viable in practice and successful for the
particular projects that embody them. Furthermore, as EPA indicated in
announcing the XL program, it expects to adopt only a limited number of
carefully selected projects. These pilot projects are not intended to
be a means for piecemeal revision of entire programs. Depending on the
results in these projects, EPA may or may not be willing to consider
adopting the alternative approach or interpretation again, either
generally or for other specific facilities.
EPA believes that adopting alternative policy approaches and/or
interpretations, on a limited, site-or state-specific basis and in
connection with a carefully selected pilot project, is consistent with
the expectations of Congress about EPA's role in implementing the
environmental statutes (so long as EPA acts within the discretion
allowed by the statute). Congress' recognition that there is a need for
experimentation and research, as well as ongoing reevaluation of
environmental programs, is reflected in a variety of statutory
provisions, e.g., Section 8001 of RCRA.
B. Overview of the NYSDEC XL Project
1. Introduction
EPA is today requesting comments on the draft FPA and proposing a
rule to implement key provisions of this Project XL initiative. Today's
proposed rule would facilitate implementation the draft FPA (the
document that embodies EPA's intent to implement this project) that has
been developed by EPA, New York State Department of Environmental
Conservation (NYSDEC), New York State Utilities, and other
stakeholders. After comments on the draft FPA have been considered, EPA
and NYSDEC expect to sign a final FPA. The draft FPA is available for
review in the docket for today's action and on the world wide web at
http://www.epa.gov/ProjectXL. The draft FPA addresses the eight Project
XL criteria, and the expectation of EPA that this XL project will meet
those criteria. Those criteria are: (1) Environmental performance
superior to what would be achieved through compliance with current and
reasonably anticipated future regulations; (2) cost savings or economic
opportunity, and/or decreased paperwork burden; (3) stakeholder
support; (4) test of innovative strategies for achieving environmental
results; (5) approaches that could be evaluated for future broader
application; (6) technical and administrative feasibility; (7)
mechanisms for monitoring, reporting, and evaluation; and (8)
consistency with Executive Order 12898 on Environmental Justice
(avoidance of shifting of risk burden). The draft FPA specifically
addresses the manner in which the project is expected to produce
superior environmental benefits.
2. NYSDEC XL Project Description
Utilities maintain rights-of-way, such as oil and gas pipelines,
telephone lines, and electric power distribution systems, in some cases
extending hundreds of miles. Frequently, hazardous waste is generated
at remote locations that are not continuously staffed. The generation
``events'' are sometimes planned in advance, but often are not,
particularly in cases where there has been a sudden, unexpected
interruption of service. Waste may also be generated as part of routine
service. This waste is generally generated as a result of sediments
accumulating at Utility access points.
In the case of electric power and telephone systems, the locations
involved are usually transformer vaults, service boxes, and manholes,
which are most often located in the middle of public roads. In order to
access conduits and service the system, sediment and/or infiltration
water must be removed. These materials commonly fail the Toxicity
Characteristic (TC) for lead and may be hazardous waste. For electric
power systems, polychlorinated biphenyl (PCB) contamination is also
possible. Waste containing PCBs is regulated under the Toxic Substances
Control Act (TSCA). In the case of oil and gas pipelines, the waste may
consist of pipeline condensate which collects in ``drip'' pipes
downstream of pressure regulating stations. This waste commonly
exhibits the characteristic of ignitability, commonly fails the TC for
benzene and may contain PCBs.
Generally, hazardous waste may qualify for conditional exemption
under RCRA because it is generated in quantities less than 100
kilograms per calendar month. However, when hazardous waste generated
exceeds 1000 kilograms per calendar month, it is subject to applicable
regulations at 40 CFR Part 262. In addition, when one kilogram or more
of an acutely hazardous waste is generated per calendar month at a
remote location, it is also subject to applicable regulations at 40 CFR
Part 262.
Utilities are currently allowed to accumulate hazardous waste
without a permit at the remote location where it is generated for up to
90 (or, under certain circumstances, 180 days) days without RCRA
permits prior to transporting it to a permitted treatment, storage and
disposal facility (TSDF) or other designated facility. However, since
remote Utility locations are often unstaffed, it is very difficult to
store hazardous waste and secure against releases resulting from
accidents or vandalism. Arranging for a commercial transporter to bring
hazardous waste
[[Page 67564]]
directly to a TSDF may take several days, particularly if the event was
unplanned. To effectively and adequately protect public health, safety,
and the environment, it would be preferable if hazardous waste
generated at remote locations could be transported to a secured
location as soon as possible upon completion of the generation event.
RCRA regulations generally do not allow the shipment to, or
consolidation of, hazardous waste at off-site facilities other than a
permitted or interim status TSDF or other designated facility.
Furthermore, for each remote location that generates more than 1,000
kilograms during any single month, the utility must prepare and submit
a Biennial Report. The RCRA-authorized state processes each report and
enters the data into state databases, and EPA enters it into the
Biennial Report System (BRS) database. As a result, both state and
federal databases may include hundreds of ``sites'' which are actually
only drip pipes and/or manholes.
Additionally, utilities must arrange frequent shipments of small
loads of hazardous waste which must be sent directly to a permitted
TSDF. The current handling of hazardous waste from remote locations may
result in unsafe storage and hazardous conditions, additional paperwork
and expenditure of time and labor, and inefficiencies in
transportation, increasing direct costs.
Utilities would prefer to have hazardous waste transported
immediately from remote locations to a UCCF to which the remote
locations are connected by a right-of-way, such as a pipeline, that the
Utility controls. At such secured locations, the Utilities would then
accumulate this waste in accordance with specified hazardous waste
generator requirements. These requirements would allow up to 90 days to
safely consolidate similar waste from different remote locations
without RCRA permits to achieve important efficiencies in
transportation and waste management. To the extent that wastes arriving
at the UCCF on different dates are consolidated in the same container,
the 90-day period would run from the earlier of the two dates that the
wastes arrived. The proposed rule would allow vehicles transporting
waste from a UCCF to a commercial TSDF to carry relatively full loads.
On the other hand, if hazardous waste must be transported to a TSDF
directly from remote locations, more vehicle trips would be required,
each carrying smaller loads.
This proposed rule would avoid the problems of unsafe storage,
transportation inefficiencies, and unnecessary paperwork by allowing
alternative handling for hazardous waste generated at remote locations
by Utilities. If the proposed rule is adopted, EPA expects the
following to occur:
1. Chemically similar hazardous waste can be consolidated without a
RCRA permit for up to 90 days at a UCCF, in compliance with specified
requirements set forth in today's proposed rule. Each UCCF would only
handle waste generated at its remote locations. The waste would be
removed from each remote location immediately. If wastes arriving at
the UCCF on different dates are consolidated in the same container, the
90-day period would run from the earlier of the two dates that the
wastes arrived.
2. Waste generated at remote locations can be accounted for in a
combined Biennial Report, submitted by the UCCF, instead of requiring
the submission of a Biennial Report for each remote location.
Thus, today's proposed rule would allow participating New York
State Utilities to accumulate hazardous waste, which they generate at
remote locations and remove immediately, at designated UCCFs without
RCRA permits for up to 90 days subject to specified requirements.
Under the proposed rule a UCCF would be able to accumulate
hazardous waste received from remote locations at the UCCF for up to 90
days, thereby allowing time for consolidation of wastes that are
chemically similar. The requirements applicable to the UCCF would
include all requirements currently applicable to 90-day on-site
accumulation, plus certain additional requirements specific to this
project. A UCCF may prepare a single Biennial Report for waste received
from its associated remote locations. A separate Biennial Report must
be prepared for any shipment of hazardous waste sent directly to a
permitted TSDF that would ordinarily require a Biennial Report.
In order to participate in the flexibility provided by the proposed
rule, New York State Utilities must initiate and comply with public
notice and participation requirements set forth in the rule regarding
the designation(s) and approval of UCCF(s). Subsequent to these public
participation procedures, Utilities must receive authorization from EPA
to participate in the flexibility provided by this proposed rule. EPA
may determine that a Utility or UCCF should not be authorized to
participate in the relief afforded by the proposed rule based on
anything learned before, during or after the public notice procedures,
including a Utility's compliance history.
The proposed rule would enhance the protection of public health and
the environment by facilitating and requiring the immediate removal of
hazardous waste that is difficult to properly secure at remote
locations. Such waste would be required by the terms of the proposed
rule to be moved to the UCCF for consolidation immediately after the
generation event is ended. Hazardous traffic conditions that endanger
public safety may also diminish.
Utilities would realize considerable savings in direct costs
through efficiencies in transportation by consolidating hazardous
waste. Reducing the number of trips made by waste-transporting vehicles
also reduces mobile source emissions. Elimination of the need to
complete biennial reports would bring about a very significant
reduction in paperwork and savings in time and labor, both for
Utilities and environmental regulatory agencies, who can then redirect
such resources to other environmental needs.
In addition, the proposed rule would require Utilities to reinvest
at least one-third of the direct savings realized from participation in
the XL project into one or more environmental projects, such as
pollution prevention, that are over and above existing legal
requirements and that have not been initiated prior to the Utility's
authorization to manage hazardous waste pursuant to the rule.
The proposed rule applies only to the storage, transport, and
disposal of waste generated at a Utility's remote locations and sent to
a designated UCCF; the proposed rule would not apply to waste received
by the UCCF from locations other than those defined as remote
locations. In addition, except as explicitly provided for in the
proposed rule, the rule would not affect any other requirements
pertaining to the storage, transport, and disposal of waste generated
at a Utility's remote locations. For example, a Utility would still be
required to determine whether waste generated at a remote location is
subject to the land disposal restrictions set forth in 40 CFR part 268
and the Toxic Substances Control Act and its implementing regulations
set forth in 40 CFR part 761 at the point of generation, prior to any
commingling of waste. In addition, nothing in the proposed rule
prohibits a Utility from treating hazardous waste in an accumulation
tank or container pursuant to the provisions set forth in 262.90
provided the Utility complies with the requirements for tanks set forth
in Subpart J of 40 CFR part 265, except Secs. 265.197(c) and 265.200,
and/or the
[[Page 67565]]
requirements for containers set forth in Subpart I of 40 CFR part 265.
Similarly, it is not the intent of the proposed rule to expand the
size of the regulated universe nor to subject uniquely managed waste to
increased regulation. Therefore, whether a Utility designates UCCFs or
not, waste generated at individual remote locations that does not
exceed 100 kilograms in a calendar month will continue to be subject to
the requirements for Conditionally Exempt Small Quantity Generators
(CESQG) at 40 CFR 261.5.
3. Environmental Benefits
This XL project would allow hazardous waste, generated by Utilities
at ``remote'' locations that are not permanently staffed, to be
transported to a secured location that may not be a permitted TSDF
immediately after the generation event is ended. At the present time,
particularly when the generation event is unplanned, it may take
several days to make arrangements for removal of the material directly
to a TSDF. In the meantime, if the material remains at the remote
location, it may endanger public health and the environment because it
may be difficult for the Utility to provide secure storage for the
material, safe from releases through accidents or vandalism. Moreover,
if the material is left at a street location where it continues to
disrupt normal traffic patterns (vehicular and/or pedestrian), public
safety is threatened, even if there are no releases. Particularly in
urban settings (e.g., New York City), the disruption of traffic
patterns can lead to a substantial risk of vehicular collisions or
vehicle/pedestrian accidents. Leaving the material at a street location
may result in forced merging of high-volume traffic lanes. This project
should help to enhance public safety and prevent endangerment to human
health and the environment.
There would also be direct environmental results to be realized
from the consolidation of similar waste at UCCFs. By minimizing the
number of vehicle trips that must be made to the ultimate TSDF,
emissions from mobile sources are reduced, as well as vehicular fuel
consumption and the possibility of an accident involving a vehicle
transporting this waste.
Indirect environmental benefits would result from the reduced need
for human resources, time and paperwork. More Utility and regulatory
agency resources would be made available to address high-priority
environmental issues.
In addition, participating Utilities would reinvest one-third of
the direct cost savings accrued due to participation in this project
into one or more environmentally beneficial projects that are above and
beyond what is legally required by law and that were not planned prior
to the initiation of this XL project. Participating Utilities would
identify, in annual Progress Reports, the monetary value of the direct
cost savings which they have experienced as a result of the project and
the environmental activities in which one-third of these direct cost
savings have been reinvested.
4. Economic Benefits
Utilities would realize direct cost savings. Through the need for
reduced resources, time and paperwork, they also anticipate indirect
savings. NYSDEC and EPA would realize indirect savings through reduced
resource demands, time saved (including computer time), and reduced
paperwork.
Utilities could realize a variety of direct cost savings. First,
Utilities would not incur expenses for having to store hazardous waste
at remote locations, even temporarily. Second, Utilities would realize
direct cost savings through efficiencies in transportation. By being
able to consolidate waste at the UCCF that is chemically similar, fewer
vehicle trips to ultimate destination facilities would be required.
Third, Utilities could avoid the costs of having to secure hazardous
waste facility permits for facilities that receive hazardous waste for
short-term management from remote locations. And fourth, the proposed
rule would subject the UCCFs to specified generator requirements
(rather than TSDF requirements). These savings may include: database
management for each remote location as an individual generator, State
annual Hazardous Waste Report preparation costs, Biennial Report
preparation costs, Part B permit application costs, closure plan
preparation costs, P.E. certification of closure, financial assurance
costs, annual state TSDF operating fee, TSDF corrective action
liability costs, and cost savings realized from consolidation of waste
for economical shipment.
Utilities would realize indirect savings in resources, time, and
reduced paperwork by not having to submit Biennial Reports for remote
locations that generate in excess of 1,000 kilograms of hazardous waste
during the generation event. Instead, the hazardous waste generated at
remote locations would be included in the Biennial Reports of the UCCFs
to which they are brought. All such hazardous waste would still be
fully accounted for without increasing the number of Biennial Reports
that the Utility must prepare and submit. EPA would also realize
indirect savings in human resources, time (including computer time),
and reduced paperwork. Biennial Reports for remote locations would no
longer need to be processed and entered in federal databases. As long
as the quantities and types of hazardous waste from these locations are
accounted for, the minimal benefits of these excess reports do not
justify the extra work involved in preparing and processing the
reports.
In addition to the savings reaped from eliminating Biennial Reports
for remote locations, NYSDEC is considering eliminating its State
annual Hazardous Waste Reports for remote locations. Should NYSDEC
eliminate these reports, the savings discussed above would apply to
that change as well.
5. Stakeholder Involvement
NYSDEC and EPA have been involved in the development of this
project, and both support it. Bell Atlantic acted as lead for the
telephone industry. Consolidated Edison acted as lead for the electric
power industry, with assistance from the New York State Power Pool.
Brooklyn Union Gas acted as lead for the oil and gas pipeline industry
(intrastate and interstate). Consolidated Edison and the New York State
Power Pool solicited comments from other electric power companies in
New York State which were then funneled through Consolidated Edison.
Brooklyn Union Gas provided the same service to other intrastate and
interstate oil and gas pipelines.
The development of the draft FPA was accomplished through
implementation of a Public Participation and Outreach Plan, which is
included in the docket for this proposed rulemaking. This Plan provided
opportunity for participation by potential industrial participants,
environmental organizations, the general public and other interested
parties. The proposed rule and draft FPA also provide for public
participation in the designation and approval of UCCFs by participating
Utilities, subsequent to the signing of the Final Project Agreement and
the effective date of the proposed rule.
EPA is today soliciting comments on both the proposed rule and the
draft FPA. Commentators may request a public hearing during the public
comment period. If EPA determines that there is a basis to hold a
public hearing, it will do so after the public comment period.
[[Page 67566]]
Finally, since the proposed regulations modify regulations
originally promulgated pursuant to RCRA, the NYSDEC intends to propose
and (subject to public comment) promulgate an equivalent state
regulation.
6. Project Duration and Completion
As with all XL projects testing alternative environmental
protection strategies, the term of the NYSDEC XL project is one of
limited duration. The duration of the regulatory relief provided by
this rule is anticipated to be 60 months from the effective date of
this rule. However, EPA may suspend or terminate the regulatory relief
provided to the Utilities or a specific Utility or UCCF at any time.
C. Rule Description
The proposed rule would add a new section to the Standards
Applicable to Generators of Hazardous Waste, 40 CFR part 262. Paragraph
(a) of the proposed rule would define terms used in the new rule. The
definition of remote location in paragraph (a)(3) is of particular
interest because of its importance in the implementation of the
regulation. Paragraph (b) would include the requirements that a Utility
and UCCF would comply with in order to accumulate hazardous waste for
up to 90 days at the UCCF. Utilities and UCCFs must follow these
requirements in order to accumulate hazardous waste at UCCF's. For
example, under proposed Sec. 262.90(b)(1), the utility would be
required to use a Uniform Hazardous Waste Manifest (Form 8700-22) for
all shipments of hazardous waste greater than 100 kilograms being sent
from a remote location to a UCCF. The manifest used to transport
hazardous waste from the remote location to the UCCF would be prepared
as follows:
(1) The EPA ID # of the UCCF would be entered on the Manifest Form
in Item 1.
(2) The name and location of the remote location would be entered
in the Generator's Name and Mailing Address block (Item 3).
(3) The transporter's name and EPA ID number would be entered in
the Transporter 1 Company Name box (Items 5 and 6) .
(4) The UCCF name would be entered in the Designated Facility Name
and Site Address (Item 9) as the facility which will be handling the
waste described on the manifest.
(5) The DOT description and other information about the waste would
be entered in Items 11 through 14.
(6) The Generator's Certification (Item 16) would be signed.
(7) The Transporters Acknowledgment of Receipt (Item 18) would be
signed.
(8) The person accepting the waste on behalf of the UCCF would sign
the Certification of receipt of hazardous materials covered by this
manifest (Item 20).
(9) A copy of the manifest, signed by all required signatories,
must be retained at the UCCF for a minimum of three years. A copy of
the manifest must also be provided to the transporter, if other than
the utility.
The utility would also complete a new manifest in accordance with
40 CFR 262.20, for all hazardous waste transported to a TSDF from the
UCCF.
Paragraph (c) of the proposed rule would require public
notification of a Utility's and UCCF's participation. These
requirements ensure that there is adequate public notice and comment on
participation. Paragraph (d) includes items that need to be included in
a notification of participation that would be sent to EPA Region II.
Paragraph (e) would describe the procedures for designating UCCFs,
including how information from the public comments will be incorporated
in the authorization process. Paragraph (f) would include requirements
for the addition or deletion of UCCFs from participation. Paragraph (g)
would include the requirements for an Annual Progress Report that
Utilities would have to submit to EPA, including information on the
number of remote locations and savings reaped from participation.
Paragraph (h) would set forth examples of the direct savings that a
Utility would receive as a result of participation. Paragraph (i) would
discuss grounds for termination of a Utility or UCCF's participation.
Paragraph (j) would set forth the expiration date of the rule.
Amendments to Parts 264, 265, and 270 would clarify that a Utility that
opted to participate under 40 CFR 262.90 would be exempt from TSDF and
permitting requirements.
III. Additional Information
A. Public Hearing
After the close of the public comment period, EPA may decide to
hold a public hearing regarding this proposed rule if a commenter
requests such a hearing and provides a basis for holding such a
hearing. EPA may also decide to hold a public hearing on its own
initiative. Any public hearing will comply with 42 U.S.C. 7004(b)(1);
40 CFR Part 25. A verbatim transcript of the public hearing, and
written statements provided at the hearing will be available for
inspection and copying during normal business hours at the EPA
addresses for docket inspection given in the ADDRESSES section of this
preamble.
B. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993) EPA must
determine whether the regulatory action is ``significant'' and
therefore subject to Office of Management and Budget (OMB) review and
the requirements of the Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule 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 in 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 entitlement, grants,
user fees, or loan programs of 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.
Because the annualized cost of this proposed rule would be
significantly less than $100 million and would not meet any of the
other criteria specified 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.
Executive Order 12866 also encourages agencies to provide a
meaningful public comment period, and suggests that in most cases the
comment period should be 60 days. However, in consideration of the very
limited scope of today's rulemaking and the considerable public
involvement in the development of the draft FPA, the EPA considers 30
days to be sufficient in providing a meaningful public comment period
for today's action.
C. Regulatory Flexibility
The Regulatory Flexibility Act (RFA) generally requires an Agency
to conduct a Regulatory Flexibility analysis of any rule subject to
notice and comment rulemaking requirements 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 not-for-profit enterprises, and small governmental
jurisdictions. EPA believes that in determining whether a
[[Page 67567]]
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 required
analyses is to identify and address regulatory alternatives ``which
minimize any significant economic impact of the proposed [or final]
rule on small entities.'' 5 U.S.C. 603 and 604. Thus, EPA may certify
as not having a significant economic impact on a substantial number of
small entities rules that relieve regulatory burden, or otherwise have
a positive economic effect on the small entities subject to the rule.
EPA has concluded that today's proposed rule will relieve regulatory
burden for all types of entities, including any affected small
entities. Further, today's rule does not impose any requirements on any
utility unless the utility opts to participate and receives authority
to participate. Therefore, EPA certifies today's rule is unlikely to
have a significant economic impact on a substantial number of small
entities.
D. Paperwork Reduction Act
The information collection requirements in this proposed rule have
been submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An
Information Collection Request (ICR) document has been prepared by EPA
(ICR No.1755.03, OMB Control No. 2010-0026) and a copy may be obtained
from Sandy Farmer by mail at OP Regulatory Information Division; U.S.
Environmental Protection Agency (2137); 401 M St., S.W.; Washington, DC
20460, by e-mail at farmer.sandy@epamail.epa.gov, or by calling (202)
260-2740. A copy may also be downloaded off the internet at http://
www.epa.gov/icr.
EPA is collecting information regarding the locations and amount of
waste involved as well as the money saved and what the savings was
invested in. EPA plans to use this information to determine whether the
XL project is successful. The success of the project will help
determine whether it should be extended to other areas of the country.
Participation in the project is voluntary; however, if a Utility
decides to participate, EPA requires the filing of a report containing
pertinent information. These reports will be publicly available. The
estimated cost burden of filing the annual report is $10,000 and the
estimated length of time to prepare the report is 40 hours. The
estimated number of respondents is 15. Burden means the total time,
effort, or financial resources expended by persons to generate,
maintain, retain, or disclose or provide information to or for a
Federal agency. This includes the time needed to review instructions;
develop, acquire, install, and utilize technology and systems for the
purposes of collecting, validating, and verifying information,
processing and maintaining information, and disclosing and providing
information; adjust the existing ways to comply with any previously
applicable instructions and requirements; train personnel to be able to
respond to a collection of information; search data sources; complete
and review the collection of information; and transmit or otherwise
disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15. EPA will
amend the table in 40 CFR part 9 of currently approved ICR control
numbers issued by OMB for various regulations to list the information
requirements, if any, contained in the final rule.
Comments are requested on the Agency's need for this information,
the accuracy of the provided burden estimates, and any suggested
methods for minimizing respondent burden, including through the use of
automated collection techniques. Send comments on the ICR to the
Director, OP Regulatory Information Division; U.S. Environmental
Protection Agency (2137); 401 M St., S.W.; Washington, DC 20460; and to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 17th St., N.W., Washington, DC 20503, marked
``Attention: Desk Officer for EPA.'' Include the ICR number in any
correspondence. Since OMB is required to make a decision concerning the
ICR between 30 and 60 days after December 7, 1998, a comment to OMB is
best assured of having its full effect if OMB receives it by January 6,
1999. The final rule will respond to any OMB or public comments on the
information collection requirements contained in this proposal.
E. 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 their 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 regulatory
alternatives and adopt the least costly, most cost-effective or least
burdensome alternative that achieves the objectives 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 of 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.
As noted above, this rule is applicable only to New York State
Utilities. The EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. EPA has also determined that this rule does not contain a
federal mandate that may result in expenditures of $100 million or more
for state, local, and tribal governments, in the aggregate, or the
private sector in any one year. Thus, today's rule is not subject to
the requirements of sections 202 and 205 of the UMRA.
F. RCRA/HSWA
1. Applicability of Rules in Authorized States
Under section 3006 of RCRA, EPA may authorize qualified states to
administer and enforce the RCRA program for hazardous waste within the
state. (See 40 CFR Part 271 for the standards and requirements for
authorization.) States with final authorization administer their own
hazardous waste programs in lieu of the
[[Page 67568]]
federal program. Following authorization, EPA retains enforcement
authority under sections 3008, 7003 and 3013 of RCRA, although
authorized states have primary enforcement responsibility.
After authorization, rules written under RCRA provisions that
predate the Hazardous and Solid Waste Amendments of 1984 (HSWA) no
longer apply in the authorized state. New federal requirements imposed
by those rules do not take effect in an authorized state until the
state adopts the requirements as state law.
In contrast, under section 3006(g) of RCRA, new requirements and
prohibitions imposed by HSWA take effect in authorized states at the
same time they take effect in nonauthorized states. EPA is directed to
carry out those requirements and prohibitions in authorized states
until the state is granted authorization to do so.
2. Effect on New York State Authorization
Today's proposed rule, if finalized, would be promulgated pursuant
to RCRA, rather than HSWA. New York State has received authority to
administer most of the RCRA program; thus, authorized provisions of the
State's hazardous waste program are administered in lieu of the federal
program. New York State has received authority to administer hazardous
waste standards for generators. As a result, if today's proposed rule
is finalized, it would not be effective in New York State until the
State adopts equivalent requirements as State law. It is EPA's
understanding that subsequent to the promulgation of this rule, New
York State intends to propose a rule containing equivalent provisions.
EPA may not enforce these requirements until it approves the State
requirements as a revision to the authorized State program.
G. Applicability of Executive Order 13045
The Executive Order, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that (1) is determined to be ``economically significant''
as defined under EO 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 involve decisions on environmental health or safety risks that
may disproportionately affect children.
H. Executive Order 12875: Enhancing Intergovernmental Partnerships
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a State, local
or tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments or EPA consults with those governments. If EPA complies by
consulting, E.O. 12875 requires EPA to provide to the Office of
Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected State, local and tribal
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of State, local and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's proposed rule does not create a mandate on State, local or
tribal governments. The rule does not impose any enforceable duties on
these entities. Accordingly, the requirements of section 1(a) of
Executive Order 12875 do not apply to this rule.
I. 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, E.O. 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 proposed rule does not significantly or
uniquely affect the communities of Indian tribal governments.
Accordingly, the requirements of section 3(b) of Executive Order 13084
do not apply to this rule.
J. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Pub L. 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. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standard. This
proposed rulemaking does not involve technical standards. Therefore,
EPA is not considering the use of any voluntary consensus standards.
EPA welcomes comments on this aspect of the proposed rulemaking and,
specifically, invites the public to identify potentially-applicable
voluntary consensus standards and to explain why such standards should
be used in this regulation.
List of Subjects
40 CFR Part 262
Environmental protection, Hazardous materials transportation,
Hazardous waste, Packaging and containers, Reporting and recordkeeping
requirements.
40 CFR Part 264
Environmental protection, Hazardous waste, Packaging and
containers, Reporting and recordkeeping requirements.
40 CFR Part 265
Environmental protection, Hazardous waste, Packaging and
containers,
[[Page 67569]]
Reporting and recordkeeping requirements.
40 CFR Part 270
Environmental protection, Hazardous waste, Recordkeeping
requirements.
Dated: November 30, 1998.
Carol M. Browner,
Administrator.
For the reasons set forth in the preamble, parts 262, 264, 265, and
270 of title 40 of the Code of Federal Regulations are proposed to be
amended as follows:
PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
1. The authority citation for part 262 continues to read as
follows:
Authority: 42 U.S.C. 6906, 6912, 6922-6925, 6937, and 6938.
2. Subpart I consisting of Sec. 262.90 is added to read as follows:
262.90 Project XL for Public Utilities in New York State.
(a) The following definitions apply to this section:
(1) A Utility is any company that operates wholesale and/or retail
oil and gas pipelines, or any company that provides electric power or
telephone service and is regulated by New York State's Public Service
Commission or the New York Power Authority.
(2) A right-of-way is a fixed, integrated network of aboveground or
underground conveyances, including land structures, fixed equipment,
and other appurtenances, controlled or owned by a Utility, and used for
the purpose of conveying its products or services to customers.
(3) A remote location is a location in New York State within a
Utility's right-of-way network that is not permanently staffed.
(4) A Utility's central collection facility (UCCF) is a Utility-
owned facility within the Utility's right-of-way network to which
hazardous waste, generated by the Utility at its remote locations, is
brought for storage and, if necessary, waste analysis.
(b) A UCCF designated pursuant to paragraph (e) of this section may
accumulate hazardous waste (with the exception of mixed waste)
generated by that Utility at its remote locations for up to 90 days
without a permit or without having interim status, provided that:
(1) The Utility complies with all applicable requirements for
generators in 40 CFR Part 262 (except Sec. 262.34 (d) through (f)) for
hazardous waste generated at its remote locations and at the UCCF,
including the manifest and pretransport requirements for all shipments
greater than 100 kilograms sent from a remote location to a UCCF.
(2) The Utility removes the hazardous waste from the remote
location immediately after the generation event has ended.
(3) The Utility complies with all applicable requirements for
transporters in 40 CFR Part 263 for each shipment of hazardous waste
greater than 100 kilograms which is sent from remote location to the
UCCF, and all applicable Department of Transportation requirements.
(4) All hazardous waste generated at each remote location and
shipped to the UCCF is accumulated at the UCCF in accordance with 40
CFR 262.34 (a) through (c), regardless of the total quantity generated
or accumulated per calendar month.
(5) The Utility submits a biennial report in accordance with 40 CFR
262.41 including all hazardous waste shipped from remote locations to
the UCCF. This UCCF biennial report may be submitted in lieu of
submitting a biennial report for each remote location. However, for
hazardous waste generated at a particular remote location that exceeds
1000 kg per calendar month and that is not sent to the UCCF, the
Utility must submit a separate biennial report.
(6) Waste generated at a remote location that is not sent to a UCCF
is managed according to the requirements of Parts 260 through 270 of
this chapter.
(7) The Utility maintains records at the UCCF in accordance with
all the recordkeeping requirements set forth in Subpart D of 40 CFR
part 262, including 40 CFR 262.40, and maintains records on any PCB
test results for hazardous wastes brought to the facility from remote
locations.
(8) The UCCF obtains an EPA identification number.
(9) The UCCF receives hazardous waste only from a remote location.
(10) The Utility reinvests at least one-third of the direct savings
described in paragraph (h) of this section in one or more
environmentally beneficial projects, such as remediation or pollution
prevention, that are over and above existing legal requirements and
that have not been initiated prior to the Utility's authorization to
manage hazardous waste pursuant to this section.
(c) Utilities seeking to have UCCFs designated under paragraph (e)
of this section must comply with the following requirements:
(1) Any New York State Utility seeking authority to accumulate
hazardous waste under this section must notify local governments and
communities of the Utility's intent to designate specific UCCFs.
(2) In carrying out paragraph (c)(1) of this section, the Utility
must solicit public comment. In soliciting public comment, the Utility
must use the notice method set forth in paragraph (c)(2)(i) of this
section, as well as at least two of the methods set forth in paragraphs
(c)(2)(ii) through (vii) of this section.
(i) A public notice in a newspaper of general circulation within
the area in which each proposed UCCF is located;
(ii) A radio announcement in each affected community during peak
listening hours;
(iii) Mailings to all citizens within a five-mile radius of
proposed UCCF;
(iv) Well-publicized community meetings;
(v) Presentations to the local community board;
(vi) Placement of copies of this section and the Final Project
Agreement that explains the regulatory relief outlined in this section
in the local library nearest the proposed UCCF, and inclusion of the
name and address of the library in the newspaper notice; and
(vii) Placement of copies of this section and the Final Project
Agreement that explains the regulatory relief outlined in this section
on the Utility's web site, and inclusion of the web site's address in
the newpaper notice.
(3) All outreach efforts made under paragraph (e)(2) of this
section shall be prepared in English (and any other language spoken by
a large number of persons in the community of concern) and at a minimum
shall include the following information:
(i) A brief description of the XL project, the intended new use of
the facility, and a request for comments on the proposed UCCF.
(ii) The name, if any, and address of the proposed UCCF and its
current status under the RCRA Subtitle C program.
(iii) The intended duration of use of the UCCF under the
requirements of this section.
(iv) Names, addresses, and telephone numbers of contact persons,
representing the Utility, to whom questions or comments may be
directed.
(v) Notification of when the comment period of no less than 30 days
will close.
(4) The Utility must submit copies of each notice, announcement or
mailing directly to local governments and to the EPA officials
identified in paragraph (d) of this section.
(5) At the close of the comment period, the Utility shall prepare a
[[Page 67570]]
Responsiveness Package containing a summary of public outreach efforts,
all comments and questions received as a result of its outreach
efforts, and the Utility's written responses to all comments and
questions. The Utility shall provide copies of its Responsiveness
Package to any citizens that participated in the public notice process,
local governments and the EPA officials identified in paragraph (d) of
this section.
(d) Upon completion of the public notice procedures described in
paragraph (c) of this section, the Utility must provide written notice
to the Director, Division of Enforcement and Compliance Assistance at
EPA-Region II of its intent to participate. The Notice of Intent must
contain the following information:
(1) The name of the Utility, corporate address, and corporate
mailing address, if different.
(2) The name, mailing address, and telephone number of a corporate-
level contact person to whom communications and inquiries may be
directed. This contact person may be changed by notifying EPA.
(3) A list of the names, addresses, and EPA identification numbers
of all Utility-owned facilities in New York State that are proposed
UCCFs and the names and telephone numbers of a designated contact
person at each facility.
(4) A summary of public outreach efforts undertaken pursuant to
paragraph (c) of this section.
(5) A commitment that one-third of the direct cost savings outlined
in paragraph (h) of this section due to project participation will be
reinvested in one or more environmentally beneficial projects which are
over and above existing legal requirements and which have not been
initiated prior to the Utility's authorization to manage hazardous
waste pursuant to this section.
(6) An acknowledgment that the signatory is personally familiar
with the terms and conditions of this section and has the authority to
obligate and does obligate the Utility to comply with all such terms
and conditions. The Utility shall comply with the signatory
requirements set forth in 40 CFR 270.11(a)(1).
(e) The procedures for designating UCCFs are as follows:
(1) Subject to paragraphs (e) (2) through (4) of this section, the
Utility and specified UCCF shall be authorized to comply with the
requirements set forth in paragraph (b) of this section upon the
receipt of written acknowledgment from EPA that the Notice of Intent
described in paragraph (d) of this section has been received and found
to be complete and in compliance with all the requirements set forth in
paragraph (d) of this section. This acknowledgment will state whether
the UCCF has been designated under this section.
(2) Based on information provided and comments received during or
after the public notice and comment period, designated UCCFs may be
rejected for the proposed use, or, if EPA determines that acceptance
for the proposed use under the conditions of paragraph (b) of this
section may not fully protect human health and the environment based on
the Utility's compliance history or other appropriate factors, the
acknowledgment may impose conditions in addition to those in paragraph
(b) of this section.
(3) If EPA determines that a site-specific informational public
meeting is warranted prior to determining the acceptability of a
designated UCCF, the acknowledgment will so state.
(4) Subsequent to any public meeting, EPA may reject or prohibit
UCCFs from participating in this project based on information provided
or comments received during or after the public notice process or based
on a determination that acceptance for the proposed use under the
conditions of paragraph (b) of this section may not fully protect human
health and the environment based on the Utility's compliance history or
other appropriate factors.
(f) At any time, a Utility may add or remove UCCF designations by
complying with the following requirements:
(1) A Utility may notify EPA of its intent to designate additional
UCCFs. Such a notification shall be submitted to, and processed by,
EPA, in the manner indicated in paragraphs (d) and (e) of this section.
(2) To have one or more additional UCCFs designated, the Utility
must comply with paragraph (c) of this section.
(3) A Utility can discontinue use of a facility as a UCCF by
notifying EPA in writing.
(g) Each Utility authorized to accumulate hazardous waste pursuant
to this section shall submit an Annual Progress Report with the
following information for the preceding year:
(1) The number of remote locations statewide for which hazardous
waste was handled in accordance with paragraph (b) of this section.
(2) The total tonnage of hazardous waste generated at such remote
locations statewide.
(3) The number of remote locations statewide that generated in
excess of l,000 kilograms of hazardous waste during a generation event.
(4) The number of remote locations statewide that generated between
l00 and l,000 kilograms of hazardous waste during a generation event.
(5) An estimate of the monetary value, on a Utility-wide basis, of
the direct savings realized by participation in this project. Direct
savings at a minimum include those outlined in paragraph (h) of this
section.
(6) Descriptions of the environmental compliance, remediation, or
pollution prevention projects or activities into which the savings,
described in paragraph (h) of this section, have been reinvested, with
an estimate of the savings reinvested in each. Any such projects must
consist of activities that are over and above existing legal
requirements and that have not been initiated prior to the Utility's
authorization to manage hazardous waste pursuant to this section.
(7) The addresses and EPA identification numbers for all facilities
that served as UCCFs for hazardous waste from remote locations.
(h) Utilities authorized to accumulate hazardous waste pursuant to
this section must assess the direct savings realized as a result. Cost
estimates shall include direct savings based on relief from any of the
following requirements which the facility expects to be relieved from
due to compliance with the provisions of this section:
(1) Database management for each remote location as an individual
generator;
(2) Biennial Report preparation costs;
(3) Part B permit application costs;
(4) Closure plan preparation costs;
(5) P.E. certification of closure;
(6) Financial assurance costs;
(7) Annual state TSD operating fee;
(8) TSD corrective action liability costs (e.g.--RFA preparation,
etc.); and/or
(9) Cost savings realized from consolidation of waste for
economical shipment (including no longer shipping waste directly to a
TSD from remote locations)
(i) If any UCCF or Utility authorized under this section fails to
comply with any of the requirements of this section, EPA may terminate
or suspend the UCCF's or Utility's authorization. EPA will provide a
UCCF or Utility with 15 days written notice of its intent to terminate
or suspend authorization. During this period, the UCCF will have the
opportunity to come back into compliance or provide a written
explanation as to why it was not in
[[Page 67571]]
compliance with the terms of this section and how it will come back
into compliance. If EPA then issues a written notice terminating or
suspending authorization, the Utility must take immediate action to
come into compliance with all otherwise applicable federal
requirements. EPA or NYSDEC may also take enforcement action against a
Utility for non-compliance with the provisions of this section.
(j) This section will expire on [DATE FIVE YEARS FROM EFFECTIVE
DATE OF FINAL RULE].
PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
1. The authority citation for part 264 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6924, and 6925.
2. Section 264.1 is amended by adding paragraph (g)(12) to read as
follows:
Sec. 264.1 Purpose, scope and applicability.
* * * * *
(g) * * *
(12) A New York State Utility central collection facility
accumulating hazardous waste in accordance with 40 CFR 262.90.
* * * * *
PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
1. The authority citation for part 265 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925,
6935, 6936 and 6937.
2. Section 265.1 is amended by adding paragraph (c)(15) to read as
follows:
Sec. 265.1 Purpose, scope, and applicability.
* * * * *
(c) * * *
(15) A New York State Utility central collection facility
accumulating hazardous waste in accordance with 40 CFR 262.90.
* * * * *
PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE
PERMIT PROGRAM
1. The authority citation for part 270 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and
6974.
2. Section 270.1 is amended by adding paragraph (c)(2)(ix) to read
as follows:
Sec. 270.1 Purpose and scope of these regulations.
* * * * *
(c) * * *
(2) * * *
(ix) A New York State Utility central collection facility
accumulating hazardous waste in accordance with 40 CFR 262.90.
* * * * *
[FR Doc. 98-32425 Filed 12-4-98; 8:45 am]
BILLING CODE 6560-50-P
