[Federal Register Volume 61, Number 252 (Tuesday, December 31, 1996)]
[Rules and Regulations]
[Pages 69032-69034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32967]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 244 and 245

[FRL-5670-6]


Solid Waste Programs; Management Guidelines for Beverage 
Containers and Resource Recovery Facilities Guidelines; Removal of 
Obsolete Guidelines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is removing from the 
Code of Federal Regulations (CFR) two guidelines pertaining to solid 
waste management which are obsolete. The activities addressed in these 
1976 guidelines have been included in numerous state and local statutes 
and regulations and other Federal rules, or have been superseded by 
such Presidential actions as Executive Order 12873, ``Federal 
Acquisition, Recycling, and Waste Prevention.'' Deleting these 
guidelines from the CFR will have no measurable impact on solid waste 
management.
    In the proposed rules section of today's Federal Register, EPA is 
proposing to withdraw Parts 244 and 245 from Title 40 of the CFR. The 
accompanying proposal incorporates the contents of this direct final 
rule. If adverse comments are received on that notice of proposed 
rulemaking, EPA will withdraw the direct final rule and address the 
comments received in a subsequent final rule. No additional opportunity 
for public comment will be provided.

DATES: This final rule will be effective on March 3, 1997 unless EPA 
receives adverse comments on the accompanying proposal within January 
30, 1997. If such adverse comment is received, EPA will withdraw this 
direct final rule, and provide timely notice in the Federal Register.

ADDRESSES: Written comments (one original and two copies) should 
reference docket number F-96-MRBF-FFFFF and be addressed to: RCRA 
Docket and Information Center (RIC), Office of Solid Waste (5305W), 
U.S. Environmental Protection Agency, 401 M Street, SW, Washington, DC 
20460. Supporting docket materials can be viewed at and hand deliveries 
of comments can be made to the following address: Crystal Gateway I, 
first floor, 1235 Jefferson Davis Highway, Arlington, VA. 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.

FOR FURTHER INFORMATION CONTACT: Deborah Gallman, (703) 308-7276, U.S. 
EPA, Office of Solid Waste and Emergency Response, 401 M Street, S.W., 
(5306W), Washington, D.C. 20460, or the RCRA Hotline, phone (800) 424-
9346 or TDD (800) 553-7672 (hearing impaired) or (703) 412-9810 or TDD 
(703) 412-3323 in the Washington, D.C., metropolitan area.

SUPPLEMENTARY INFORMATION:

I. Authority

    This rule is being issued under the authority of sections 1008, 
2002, 6001, and 6004 of the Solid Waste Disposal Act, as amended by the 
Resource Conservation and Recovery Act of 1976 and the Hazardous and 
Solid Waste Amendments of 1984; 42 U.S.C. 6961.

II. Introduction

    On March 4, 1995, the President directed all Federal agencies and 
departments to conduct a comprehensive review of the regulations they 
administer and by June 1, 1995, to identify those rules that are 
obsolete or unduly burdensome. EPA has conducted a review of all its 
rules, including rules issued under the Resource Conservation and 
Recovery Act (RCRA). Based on that review, EPA is today withdrawing 
parts 244 and 245 from the CFR. In addition to the removal of parts 244 
and 245, the EPA of Office of Solid Waste and Emergency Response 
identified a number of other rules that were obsolete as a matter of 
law or policy, and rules that needed clarifications in order to make 
certain provisions easier to read and understand. EPA has already 
published rules to address this (see 60 FR 33912 and 61 FR 18501) and 
plans to publish additional actions to further eliminate unnecessary 
rules and clarify others as appropriate. The Office of Solid Waste and 
Emergency Response intends to continue to evaluate its regulations to 
determine if they can be further simplified or stremlined.

[[Page 69033]]

III. Obsolete Guidelines

A. 40 CFR Part 244--Solid Waste Management Guidelines for Beverage 
Containers

    On September 21, 1976, EPA issued guidelines for reducing beverage 
container waste. The guidelines, published in 40 CFR Part 244, were 
mandatory for Federal facilities and recommended for adoption by state 
and local governments and private agencies. These guidelines were 
intended to achieve a reduction in beverage container solid waste and 
litter, resulting in savings in waste collection and disposal costs to 
the Federal government. They were also intended to achieve the 
conservation and more efficient use of energy and other resources 
through the development of effective beverage distribution and 
container collection systems. The guidelines would achieve these goals 
by making all beverage containers on Federal facilities returnable and 
by encouraging reuse or recycling of the returned containers. To 
accomplish the return of a beverage container, a deposit of at least 
five cents on each returnable beverage container was to be paid upon 
purchase by the consumer and refunded to the consumer. The guidelines 
allowed Federal agencies not to implement the provisions in various 
situations where the requirements were not practical.
    When these guidelines were promulgated in 1976, there were few 
other requirements for recycling beverage containers or other 
materials. Since then, Federal agencies have met the challenge of 
recycling by implementing, in-house or by contract, programs for 
collection of a number of recyclable materials, including beverage 
containers. Many state and local governments now require or encourage 
such collection programs. Under RCRA Section 6001, Federal facilities 
must meet such municipal or state recycling requirements. Furthermore, 
in 1993, President Clinton issued Executive Order 12873, ``Federal 
Acquisition, Recycling, and Waste Prevention.'' Section 705 of the 
Executive Order requires each Executive agency that has not already 
done so to initiate a program to promote cost effective waste 
prevention and recycling of reusable materials at all of its 
facilities. Recycling programs implemented pursuant to Section 705 must 
be compatible with applicable state and local governments to promote 
recycling and waste reduction in the community.
    During the first year after E.O. 12873 was signed, many Federal 
departments and agencies implemented or expanded recycling programs. To 
make this effort more efficient, the General Services Administration 
(GSA) provides contracts for collection of recyclables in many Federal 
offices. For more information on Federal collection programs and 
examples of agency accomplishments, see the docket to this rule.
    With the implementation of RCRA Section 6001, E.O. 12873, and state 
and local recycling collection mandates and programs, there is no 
longer a need for separate guidelines for Federal facilities on 
beverage containers. Indeed, these other requirements establish a more 
comprehensive and integrated recycling program. Therefore, EPA is 
withdrawing 40 CFR Part 244.

B. 40 CFR Part 245--Resource Recovery Facilities Guidelines

    On September 21, 1976, EPA issued guidelines for resource recovery 
facilities that were applicable to the recovery of resources from 
residential, commercial, or institutional solid wastes. The guidelines 
delineated minimum actions for Federal agencies for planning and 
establishing resource recovery facilities. Resource recovery facilities 
were defined in the guidelines as ``any physical plant that processes 
residential, commercial, or institutional solid wastes biologically, 
chemically, or physically, and recovers useful products, such as 
shredded fuel, combustible oil or gas, steam, metal, glass, etc. for 
recycling.'' In addition, the guidelines included recommended actions 
for state, interstate, regional, and local governments. These 
guidelines applied to all Federal agencies with jurisdiction over any 
real property or facility, the operation or administration of which 
involved such agency in residential, commercial, or institutional solid 
waste disposal activities either in-house or by contract. Federal land 
that was used solely for the disposal of non-Federal solid waste was 
not considered real property or a facility for the purpose of these 
guidelines.
    Since the promulgation of Part 245, more comprehensive programs and 
guidelines have been developed to address Federal and state solid waste 
activities related to resource recovery facilities. For example, the 40 
CFR Part 256 guidelines, promulgated in July, 1979, were developed to 
assist in the development and implementation of state solid waste 
management plans, in accordance with Section 4002(b) of the Solid Waste 
Disposal Act as amended by RCRA. These guidelines address the minimum 
requirements for approval of state plans, including resource recovery 
programs, facility planning and implementation. In particular, Section 
256.30 requires that state plans address policies and strategies for 
resource recovery, conservation activities, and local government 
contracts for the supply of solid waste to resource recovery 
facilities. Also, Sec. 256.40 requires that state plans ``provide for 
adequate resource conservation, recovery, storage, treatment and 
disposal facilities and practices necessary to use or dispose of solid 
and hazardous waste in an environmentally sound manner.'' Since the 
promulgation of Part 256, many states have developed Federally approved 
solid waste management plans, and in some cases the state requirements 
are more stringent than the Federal guidelines. Under RCRA section 6001 
Federal facilities must comply with such state resource recovery 
requirements.
    The activities promoted under 40 CFR Part 245, dealing with 
recovery of resources and resource recovery facilities, are also 
addressed in many state and local recycling programs mentioned above 
and in many comprehensive statewide solid waste management laws enacted 
since 1976. These laws and programs provide a more integrated framework 
for resource recovery facilities than 40 CFR Part 245 does. Since 40 
CFR Part 256 and related state and local laws incorporate the older 
Part 245 requirements for facility planning and implementation for 
resource recovery programs, the guidelines in 40 CFR Part 245 are 
considered obsolete. Accordingly, EPA is removing these resource 
recovery guidelines from the CFR.

IV. Analysis under Executive Order (E.O.) 12866, the Unfunded 
Mandates Reform Act of 1995, and the Paperwork Reduction Act

    Because the withdrawal of these guidelines from the CFR reflects 
their current obsolescence and has no regulatory impact, this action is 
not a ``significant'' regulatory action within the meaning of E.O. 
12866, and does not impose any Federal mandate on state, local, or 
tribal governments or the private sector within the meaning of the 
Unfunded Mandates Reform Act of 1995. For the same reasons, their 
deletion from the CFR does not affect requirements under the Paperwork 
Reduction Act.

V. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended 
by the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally requires an agency to prepare, and make available for public 
comment, a

[[Page 69034]]

regulatory flexibility analysis that describes the impact of a proposed 
or final rule on small entities (i.e., small businesses, small 
organizations, and small governmental jurisdictions). However, no 
regulatory flexibility analysis is required if the head of an agency 
certifies the rule will not have a significant adverse economic impact 
on a substantial number of small entities. Today's rule is deregulatory 
in nature. The effect of today's final rule is to remove obsolete 
guidelines which are mandatory only for Federal facilities. Therefore, 
I certify that today's rule will not have a significant economic impact 
on a substantial number of small entities. As a result, no Regulatory 
Flexibility Analysis is needed.

VI. Submission To Congress And The General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, 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).

List of Subjects

40 CFR Part 244

    Environmental Protection, Beverages, Government property, 
Recycling.

40 CFR Part 245

    Government property, Recycling.

    Dated: December 20, 1996.
Carol M. Browner,
Administrator.
    For the reasons set forth in the preamble and under the authority 
of 42 U.S.C. sections 6907, 6912, 6961, and 6964, Title 40, Chapter I 
of the Code of Federal Regulations is amended as follows:

PART 244--[REMOVED]

    1. Part 244 is removed.

PART 245--[REMOVED]

    2. Part 245 is removed.
[FR Doc. 96-32967 Filed 12-30-96; 8:45 am]
BILLING CODE 6560-50-P