[Federal Register: July 14, 1998 (Volume 63, Number 134)]
[Rules and Regulations]               
[Page 37780‑37782]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jy98‑12]

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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.
‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑-----------------------------------------------

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:

§ 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:

§ 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:

§ 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 § 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 § 279.72(a).

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[FR Doc. 98‑18423 Filed 7‑13‑98; 8:45 am]
BILLING CODE 6560‑50‑P