[Federal Register Volume 61, Number 252 (Tuesday, December 31, 1996)]
[Proposed Rules]
[Pages 69059-69060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32968]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 244 and 245

[FRL-5670-7]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: On March 4, 1995, the President directed all Federal agencies

[[Page 69060]]

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 its rules, 
including rules issued under the Resource Conservation and Recovery Act 
(RCRA). Based on the review, EPA is today proposing to remove 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and regulations and other Federal rules, or have been superseded by 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.'' These guidelines are 
now obsolete because: the need for Part 244 guidelines for Federal 
facilities on beverage containers has passed with the implementation of 
state and local recycling mandates and requirements, RCRA Section 6001 
requirements, and Executive Order 12873, and Part 245 requirements are 
incorporated into state and local laws and Part 256, which addresses 
the requirements for facility planning and implementation of resource 
recovery programs.
    Therefore, deleting these guidelines from the CFR will have no 
measurable impact on solid waste management.
    In the rules and regulations section of today's Federal Register, 
EPA is also promulgating a direct final rule to withdraw Parts 244 and 
245 from Title 40 of the Code of Federal Regulations (CFR). A detailed 
rationale for the removal of these guidelines is set forth in the 
direct final rule and is incorporated herein. Potential commenters 
should consult that notice. If no adverse comments are received in 
response to this notice, no further activity is contemplated in 
relation to this proposed rule and Parts 244 and 245 will be withdrawn. 
If EPA receives adverse comments, the direct final rule will be 
withdrawn 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. Any parties 
interested in commenting on this action should do so at this time.

DATES: Written comments on this proposed rule must be received by 
January 30, 1997.

ADDRESSES: Written comments (one original and two copies) should 
reference docket number F-96-MRBP-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 proposed 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. Additional Information

    For additional information, see the corresponding direct final rule 
published in the rules and regulations section of this Federal 
Register.

III. 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.

IV. 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 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. This proposed rule is 
deregulatory in nature. The effect of the proposed rule is to remove 
obsolete guidelines which are mandatory only for Federal facilities. 
Therefore, I certify that this proposed rule will not have a 
significant economic impact on a substantial number of small entities. 
As a result, no Regulatory Flexibility Analysis is needed.

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.
[FR Doc. 96-32968 Filed 12-30 -96; 8:45 am]
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