[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 [email protected].

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