[Federal Register Volume 61, Number 59 (Tuesday, March 26, 1996)]
[Proposed Rules]
[Pages 13129-13131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7276]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[FRL-5446-3]
RIN 2050-AE31
Identification and Listing of Hazardous Waste; Amendments to
Definition of Solid Waste
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to correct the text of a regulatory exclusion
from the regulatory definition of solid waste for recovered oil which
is inserted into the petroleum refining process. The current text of
the exclusion contains a factual error inappropriately limiting the
location in the refining process at which recovered oil can be
inserted. The result of this error is to restrict legitimate recycling
of recovered oil. The proposed correction also in fact reflects the
result EPA initially intended, which was to condition the
[[Page 13130]]
exclusion of recovered oil on that oil being reinserted into the
petroleum refining process at a point where that process removes or
will remove contaminants.
In the final rules Section of today's Federal Register, EPA is
promulgating this amendment as a final rule without prior proposal
because EPA views this as a noncontroversial action which corrects an
unintended mistake, and so anticipates no adverse comments. A detailed
rationale for the amendment is set forth in the final rule. If no
adverse comments are received in response to this proposal, no further
activity is contemplated in relation to this proposed rule. If EPA
receives adverse comments, EPA will withdraw the final rule and all
public comments received will be addressed in a subsequent final rule
based on the proposed rule. EPA will not institute a second comment
period on this action.
DATES: Comments on this proposed rule must be received on or before
April 24, 1996, and notice of intent to file adverse comments must be
received on or before April 9, 1996. An adverse comment will be
considered to be any comment substantively criticizing the proposal on
a basis not already provided to EPA in comment.
ADDRESSES: Comments and materials supporting this rulemaking are
contained in Public Docket No. F-96-SW2P-FFFFF and are located in the
EPA RCRA docket, Crystal Gateway #1, 1st Floor, 1235 Jefferson Davis
Highway, Arlington, VA. The docket is open from 9:00 to 4:00, Monday
through Friday, except for Federal holidays. The public must make an
appointment to review docket materials by calling (703) 603-9230. The
public may copy a maximum of 100 pages from any one regulatory docket
at no cost. Additional copies cost Sec. .15 per page. Persons wishing
to notify EPA of their intent to submit adverse comments on this action
should contact Steven Silverman, Office of General Counsel (2366), 401
M Street, SW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Steven Silverman, (202) 260-7716,
Office of General Counsel at the above address.
SUPPLEMENTARY INFORMATION:
Outline of Today's Action
I. Authority
II. Background
III. Additional Information
IV. Regulatory Requirements
A. Executive Order No. 12866
B. Regulatory Flexibility Act
C. Paperwork Reduction Act
D. Unfunded Mandates Reform Act
I. Authority
These regulations are being proposed under the authority of
Sections 2002 and 3001 et seq. of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act, as amended by
the Hazardous and Solid Waste Amendments of 1984, 42 U.S.C. 6912 and
6921 et seq.
II. Background
As set out in detail in the related direct final rule, EPA is
proposing to correct an error in the text of a regulatory exclusion
(found at 261.4(a)(12)), regarding the location in a petroleum refining
process at which recovered oil can be inserted in order to be excluded
from the authority of RCRA subtitle C. The test for point of insertion
should be at or before any point in the process that removes
contaminants from recovered oil.1 The current regulatory text
limiting insertion to locations before distillation and catalytic
cracking is too restrictive because there are points in the petroleum
process downstream of these unit operations (such as fractionation)
which remove contaminants. The current terms of the exclusion impede
legitimate recycling of recovered oil without providing any
corresponding environmental benefit, and moreover are based on a
factual error. Accordingly, EPA believes the rule should be amended.
\1\ The issue of whether this should include insertion into
petroleum cokers is being addressed in a separate rulemaking
proceeding. 60 FR 57747 (November 20, 1995).
---------------------------------------------------------------------------
III. Additional Information
For additional information, see the corresponding direct final rule
published in the rules section of this Federal Register.
IV. Regulatory Requirements
A. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether this regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant'' regulatory action as
one that is likely to lead to a rule that may:
(1) have an annual effect on the economy of $100 million or more,
or adversely and materially affect 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 entitlement, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that this amendment to the final rule is not
a ``significant regulatory action'' under the terms of the Executive
Order and is therefore not subject to OMB review.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601-602, requires that
Federal agencies examine the impacts of their regulations on ``small
entities''. If a rulemaking will have a significant impact on a
substantial number of small entities, agencies must consider regulatory
alternatives that minimize economic impact.
EPA believes that this amendment will have negligible impact on any
small entity because it expands the terms of an exclusion from
regulation. In addition, the underlying rule itself was deregulatory
and so did not have significant adverse economic impact on small
entities. See 59 FR at 38545. Therefore, the Administrator certifies
pursuant to 5 U.S.C. 601 et seq., that this rule will not have a
significant impact on a substantial number of small entities because
this amendment reduces the scope of the RCRA subtitle C regulatory
program.
C. Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., EPA must
consider the paperwork burden imposed by any information collection
request in a proposed or final rule. This rule will not impose any new
information collection requirements.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L.
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. When a written statement is needed for an EPA rule, section
205 of the UMRA generally requires EPA to identify and consider a
reasonable number of regulatory
[[Page 13131]]
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 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, giving them meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising them
on compliance with the regulatory requirements.
Today's rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, or tribal
governments or the private sector because it imposes no enforceable
duties on any of these governmental entities or the private sector. The
rule merely corrects a factual error in the regulatory text of the
regulatory definition of solid waste. In any event, EPA has determined
that this rule does not include a Federal mandate that may result in
estimated costs of $100 million or more to either State, local, or
tribal governments in the aggregate, or to 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. Similarly, EPA has determined that
this rule contains no regulatory requirements that might significantly
or uniquely affect small governments.
List of Subjects in 40 CFR Part 261
Environmental protection, Hazardous waste, Solid Waste, Petroleum,
Recycling.
Dated: March 19, 1996.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, chapter I of title 40 of
the Code of Federal Regulations is proposed to be amended as follows:
PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
1. The authority citation for part 261 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912 (a), 6921, 6922 and 6938.
2. Section 261.4 in amended by revising paragraph (a)(12) to read
as follows:
Sec. 261.4 Exclusions.
(a) * * *
(12) Recovered oil from petroleum refining, exploration and
production, and from transportation incident thereto, which is to be
inserted into the petroleum refining process (SIC Code 2911) at or
before a point (other than direct insertion into a coker) where
contaminants are removed. This exclusion applies to recovered oil
stored or transported prior to insertion, except that the oil must not
be stored in a manner involving placement on the land, and must not be
accumulated speculatively, before being so recycled. Recovered oil is
oil that has been reclaimed from secondary materials (such as
wastewater) generated from normal petroleum refining, exploration and
production, and transportation practices. Recovered oil includes oil
that is recovered from refinery wastewater collection and treatment
systems, oil recovered from oil and gas drilling operations, and oil
recovered from wastes removed from crude oil storage tanks. Recovered
oil does not include (among other things) oil-bearing hazardous waste
listed in 40 CFR part 261 D (e.g., K048-K052, F037, F038). However, oil
recovered from such wastes may be considered recovered oil. Recovered
oil also does not include used oil as defined in 40 CFR 279.1.
* * * * *
[FR Doc. 96-7276 Filed 3-25-96; 8:45 am]
BILLING CODE 6560-50-P
