[Federal Register Volume 63, Number 134 (Tuesday, July 14, 1998)]
[Rules and Regulations]
[Pages 37780-37782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18423]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 261 and 279
[FRL-6123-3]
RIN 2050-AE47
Hazardous Waste Management System; Identification and Listing of
Hazardous Waste; Recycled Used Oil Management Standards
AGENCY: Environmental Protection Agency.
ACTION: Removal of direct final rule amendments.
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SUMMARY: Today's rule removes three amendments to the used oil
management standards originally included in the direct final rule of
May 6, 1998 and restores the regulatory text that existed prior to the
direct final rule. The Agency received relevant adverse comment on
three provisions of this rule which deal with mixtures of conditionally
exempt small quantity generator waste and used oil, the applicability
of the used oil management standards to used oil contaminated with
polychlorinated biphenyls (PCBs), and record keeping requirements for
marketers of used oil meeting the used oil fuel specification. EPA will
consider the comments received as it finalizes the remaining amendments
in the near future.
EFFECTIVE DATE: July 14, 1998.
ADDRESSES: Public comments and supporting materials are available for
viewing in the RCRA Information Center (RIC), located at Crystal
Gateway I, First Floor, 1235 Jefferson Davis Highway, Arlington, VA.
The Docket Identification Number is F-98-CUOP-FFFFF. The RIC is open
from 9 a.m. to 4 p.m., Monday through Friday, excluding federal
holidays. To review docket materials, it is recommended that the public
make an appointment by calling (703) 603-9230. The public may copy a
maximum of 100 pages from any regulatory docket at no charge.
Additional copies cost $0.15/page. The index and some supporting
materials are available electronically. See the Supplementary
Information section for information on accessing them.
FOR FURTHER INFORMATION CONTACT: RCRA Hotline. 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.
Rulemaking Details. For more detailed information on specific
aspects of this rulemaking, contact Tom Rinehart by mail at Office of
Solid Waste (5304W), U.S. Environmental Protection Agency, 401 M
Street, SW, Washington, DC 20460, by phone at (703) 308-4309, or by
Internet e-mail at rinehart.tom@epamail.epa.gov.
SUPPLEMENTARY INFORMATION:
Withdrawal of Amendments that Received Relevant Adverse Comment
On May 6, 1998, EPA issued a direct final rule (63 FR 24963) which
included eight amendments clarifying various parts of the used oil
management standards and provisions of the hazardous waste regulations
concerning used oil. EPA also issued a notice of proposed rulemaking on
May 6, 1998 (63 FR 25006), in which the Agency proposed and solicited
public comment on the same eight amendments. EPA received relevant
adverse comments on three of the amendments in this rulemaking: the
amendments to 40 CFR 261.5(j) (mixtures of conditionally exempt small
quantity generator waste and used oil), 40 CFR 279.10(i) (applicability
of the used oil management standards to used oil contaminated with
polychlorinated biphenyls (PCBs)), and 40 CFR 279.74(b) (recordkeeping
requirements for marketers of used oil that meets the used oil fuel
specification). Accordingly, today's document removes
[[Page 37781]]
these three amendments and reinstates the regulatory text that existed
prior to the May 6, 1998 direct final rule. EPA finds that good cause
exists under 5 U.S.C. 553(b) to promulgate today's rule in final form,
because this rule reinstates regulatory requirements currently in
effect. EPA will promulgate a final rule in the near future finalizing
the three amendments, as appropriate, and addressing the comments
received. The five amendments that did not receive relevant adverse
comment became effective on July 6, 1998 as provided in the May 6, 1998
direct final rule.
EPA also received supportive comments on the three amendments being
removed as well as the other amendments issued in the May 6, 1998
direct final rule. All of the comments received on the May 6, 1998
direct final rule are available on the Internet as described below and
at the RCRA Information Center identified in the ADDRESSES section
above.
Internet Availability
Today's rule, the comments received on the May 6, 1998 direct final
rule and proposal (63 FR 24963 and 25006), and the following supporting
materials are available on the Internet:
Docket Item: Petition for Review.
From: Edison Electric Institute, et al.
To: U.S. Court of Appeals for the District of Columbia Circuit.
Docket Item: Petitioners' Preliminary and Non-binding Statement of
Issues to be Raised on Appeal.
From: Edison Electric Institute, et al.
To: U.S. Court of Appeals for the District of Columbia Circuit.
Docket Item: Letter describing Edison Electric Institute's
outstanding issues and proposals for resolving these issues.
From: Edison Electric Institute, et al.
To: U.S. Environmental Protection Agency.
Docket Item: Letter describing Edison Electric Institute's issues
including a request that EPA issue a technical correction to 40 CFR
279.10(i).
From: Edison Electric Institute, et al.
To: U.S. Environmental Protection Agency.
Docket Item: Letter requesting that EPA resolve outstanding issues.
From: Edison Electric Institute, et al.
To: U.S. Environmental Protection Agency.
Docket Item: Settlement Agreement.
From: Edison Electric Institute, et al, U.S. Environmental
Protection Agency, and U.S. Department of Justice.
To: U.S. Court of Appeals for the District of Columbia Circuit.
Docket Item: Memorandum that describes an abbreviated state
authorization revision application procedure for state rule changes in
response to minor federal rule changes or corrections.
From: Michael Shapiro, Director, Office of Solid Waste, EPA.
To: EPA Regional Waste Management Division Directors.
Follow these instructions to access this information
electronically: WWW URL: http://www.epa.gov/epaoswer/hazwaste/usedoil/
index.htm.
FTP: ftp.epa.gov.
Login: anonymous.
Password: your Internet e-mail address.
Path: /pub/epaoswer.
Note: The official record for this action will be kept in paper
form and maintained at the address in the ADDRESSES section above.
I. Regulatory Requirements
A. Analysis Under Executive Order 12866, Executive Order 12875, the
Paperwork Reduction Act, National Technology Transfer and Advancement
Act of 1995, and Executive Order 13045
Today's rule removes three amendments issued as part of the May 6,
1998 direct final rule and reinstates the regulatory text that existed
prior to the May 6, 1998 direct final rule and that was in effect until
July 6, 1998. Today's action is not a ``significant regulatory action''
for the purposes of Executive Order 12866, and is therefore not subject
to review by the Office of Management and Budget. Today's rule also
does not impose obligations on State, local or tribal governments for
the purposes of Executive Order 12875.
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Pub L. No. 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 standards.
Neither this action nor the direct final rule involve technical
standards. Therefore, EPA did not consider the use of any voluntary
standards in this rulemaking. Today's rule is not subject to E.O.
13045, entitled ``Protection of Children from Environmental Health
Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because this
action is not an economically significant rule, and it does not involve
decisions on environmental health risks or safety risks that may
disproportionately affect children. 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.
B. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A), EPA submitted 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 General
Accounting Office prior to publication of the rule in today's Federal
Register. This rule is not a ``major rule'' as defined by 5 U.S.C.
804(2).
II. Immediate Effective Date
Because the regulated community does not need 6 months to come into
compliance with this rule, EPA finds, pursuant to RCRA section
3010(b)(1), that this rule can be made effective in less than six
months. Also, EPA finds that good cause exists under 5 U.S.C. 553(d)(3)
to waive the requirement that regulations be published at least 30 days
before they become effective, because this rule reinstates regulatory
requirements.
List of Subjects
40 CFR Part 261
Environmental protection, Hazardous waste, Recycling, Reporting and
recordkeeping requirements.
40 CFR Part 279
Conditionally exempt small quantity generator (CESQG),
Environmental protection, Hazardous waste, Polychlorinated biphenyls
(PCBs), Solid waste, Recycling, Response to releases, Used oil, Used
oil specification.
Dated: July 6, 1998.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, chapter I of title 40 of
the Code of Federal Regulations is amended as follows:
PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
1. The authority citation for part 261 continues to read as
follows:
[[Page 37782]]
Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935,
6937, 6938, 6939, and 6974.
2. Section 261.5 is amended by revising paragraph (j) to read as
follows:
Sec. 261.5 Special requirements for hazardous waste generated by
conditionally exempt small quantity generators.
* * * * *
(j) If a conditionally exempt small quantity generator's wastes are
mixed with used oil, the mixture is subject to part 279 of this chapter
if it is destined to be burned for energy recovery. Any material
produced from such a mixture by processing, blending, or other
treatment is also so regulated if it is destined to be burned for
energy recovery.
PART 279--STANDARDS FOR THE MANAGEMENT OF USED OIL
3. The authority citation for part 279 continues to read as
follows:
Authority: Sections 1006, 2002(a), 3001 through 3007, 3010,
3014, and 7004 of the Solid Waste Disposal Act, as amended (42
U.S.C. 6905, 6912(a), 6921 through 6927, 6930, 6934, and 6974); and
sections 101(37) and 114(c) of CERCLA (42 U.S.C. 9601(37) and
9614(c)).
4. Section 279.10 is amended by revising paragraph (i) to read as
follows:
Sec. 279.10 Applicability.
* * * * *
(i) Used oil containing PCBs. In addition to the requirements of
this part, marketers and burners of used oil who market used oil
containing any quantifiable level of PCBs are subject to the
requirements found at 40 CFR 761.20(e).
5. Section 279.74 is amended by revising paragraph (b) to read as
follows:
Sec. 279.74 Tracking.
* * * * *
(b) On-specification used oil delivery. A generator, transporter,
processor/re-refiner, or burner who first claims that used oil that is
to be burned for energy recovery meets the fuel specifications under
Sec. 279.11 must keep a record of each shipment of used oil to an on-
specification used oil burner. Records for each shipment must include
the following information:
(1) The name and address of the facility receiving the shipment;
(2) The quantity of used oil fuel delivered;
(3) The date of shipment or delivery; and
(4) A cross-reference to the record of used oil analysis or other
information used to make the determination that the oil meets the
specification as required under Sec. 279.72(a).
* * * * *
[FR Doc. 98-18423 Filed 7-13-98; 8:45 am]
BILLING CODE 6560-50-P
