[Federal Register Volume 63, Number 198 (Wednesday, October 14, 1998)]
[Notices]
[Pages 55115-55119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27525]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6176-3]


Agency Information Collection Activities: Continuing Collection; 
Comment Request; Used Oil Management Standards Recordkeeping and 
Reporting Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this document announces that EPA is planning to submit the 
following continuing Information Collection Request (ICR) to the Office 
of Management and Budget (OMB): Used Oil Management Standards 
Recordkeeping and Reporting Requirements, EPA ICR Number 1286, OMB 
Control Number 2050-0124, expires 3/31/1999. Before submitting the ICR 
to OMB for review and approval, EPA is soliciting comments on specific 
aspects of the proposed information collection as described below.

DATES: Comments must be submitted on or before December 14, 1998.

ADDRESSES: Commenters must send an original and two copies of their 
comments referencing docket number F-98-UOIP-FFFFF to: RCRA Docket 
Information Center, Office of Solid Waste (5305G), U.S. Environmental 
Protection Agency Headquarters (EPA, HQ), 401 M Street, SW, Washington, 
DC 20460. Hand deliveries of comments should be made to the Arlington, 
VA, address below. Comments may also be submitted electronically 
through the Internet to: [email protected]. Comments in 
electronic format should also be identified by the docket number F-98-
UOIP-FFFFF. All electronic comments must be submitted as an ASCII file 
avoiding the use of special characters and any form of encryption.
    Commenters should not submit any confidential business information 
(CBI) electronically. An original and two copies of CBI must be 
submitted under separate cover to: RCRA CBI Document Control Officer, 
Office of Solid Waste (5305W), U.S. EPA, 401 M Street, SW, Washington, 
DC 20460.
    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 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. This document and the supporting 
document that details the Used Oil ICR are also 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.

Used Oil ICR Details

    For more detailed information on specific aspects of the used oil 
information collect requests, 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:

Internet Availability

    Today's document and the supporting document that details the Used 
Oil ICR are available on the Internet. 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.

Used Oil ICR Renewal

    Affected entities: Entities potentially affected by this action are 
those which handle or manage used oil including used oil transporters, 
transfer facilities, processors, re-refiners, and off-specification 
burners.
    Title: Used Oil Management Standards Recordkeeping and Reporting 
Requirements (OMB Control No. 2050-0124; EPA ICR No. 1286) expiring 03/
31/1999.
    Abstract: EPA is seeking public comment on the Used Oil Management 
Standards Recordkeeping and Reporting Requirements ICR (Used Oil ICR) 
prior to submitting it to OMB for renewal. The Used Oil Management 
Standards, which include information collection requests, were 
developed in accordance with section 3014 of the Resource Conservation 
and Recovery Act (RCRA), as amended by the Hazardous and Solid Waste 
Amendments of 1984 (HSWA), which directs EPA to ``promulgate 
regulations * * * as may be necessary to protect public health and the 
environment from the hazards associated with recycled oil'' and, at the 
same time, to not discourage used oil recycling. In 1985 and 1992, EPA

[[Page 55116]]

established mandatory regulations that govern the management of used 
oil (see 40 CFR part 279). To document and ensure proper handling of 
used oil, these regulations establish notification, testing, tracking 
and recordkeeping requirements for used oil transporters, processors, 
re-refiners, marketers, and burners. They also set standards for the 
prevention and cleanup of releases to the environment during storage 
and transit, and for the safe closure of storage units and processing 
and re-refining facilities to mitigate future releases and damages. EPA 
believes these requirements minimize potential hazards to human health 
and the environment from the potential mismanagement of used oil by 
used oil handlers, while providing for the safe recycling of used oil. 
Information from these information collection requirements is used to 
ensure compliance with the Used Oil Management Standards.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.
    EPA would like to solicit comments to:
    (i) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the agency's estimate of the burden 
of the proposed collection of information, including the validity of 
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.

Burden Statement

    The total information collection burden to the regulated community 
for complying with part 279 is approximately 363,485 hours per year, 
which represents an annual cost of $9,123,907. Table 1 summarizes the 
total cost and burden for each category of used oil handlers. The ICR 
burden and cost for each category of used oil handler is detailed in 
the following sections and the ICR supporting document available free 
of cost from the RCRA Information Center.

                                  Table 1.--Estimated Burden and Cost for all Respondents Regulated by 40 CFR part 279
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                         All respondents                                Hours and costs per respondent                  Total hours and costs
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                                                                    Respondent    Labor cost/     Material      Total      Total hours/     Total cost/
                 Information collection activity                    hours/year       year           cost       entities        year            year
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Used Oil Transporters and Transfer Facilities....................       884.20      $20,542.89      $24,827          383      161,729.08      $5,093,575
Used Oil Processors/Re-refiners..................................       529.92       11,865.96         0.00          249      131,949.56       2,416,412
Burners of Off-Specification Used Oil............................        16.49          503.45         0.00          100        1,473.33          50,345
Used Oil Marketers...............................................       159.69        3,629.08         0.00          441       68,332.95       1,563,500
EPA..............................................................         1.40           37.40         0.00            2            2.80              75
                                                                  --------------------------------------------------------------------------------------
    Total........................................................  ...........  ..............  ...........          732      363,484.92       9,123,907
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Generators, Collection Centers, and Aggregation Points

    The Used Oil Management Standards of 40 CFR part 279 do not impose 
any information collection activity requirements that are covered by 
the Paperwork Reduction Act on used oil generators, collection centers, 
and aggregation points.

Transporters and Transfer Facilities

    Transporter and transfer facility requirements for used oil are set 
forth in part 279, Subpart E. Under these requirements, used oil 
transporters and transfer facilities must determine the total halogen 
content of the used oil that they handle. They also must keep records 
of each used oil shipment accepted for transport and/or delivered to 
another used oil transporter, a processor/re-refining facility, a used 
oil burner, a fuel marketer, or other used oil recycling facility. 
These records must be maintained for at least three years. EPA believes 
these recordkeeping requirements are necessary to ensure that used oil 
is properly managed. Documenting all parties who handled the used oil 
also discourages adulteration of used oil by any used oil handler.
    EPA estimates that there are 383 independent used oil transporters 
and transfer facilities currently in operation. The total estimated 
information collection burden to each transporter and transfer facility 
is 884 hours per year, which represents an annual cost of approximately 
$20,543. This results in a total annual burden for all transporters and 
transfer facilities of 161,729 hours, at a total cost of $5,093,575.
    The Agency assumes that used oil transporters will read the used 
oil management regulations as they pertain to used oil transportation 
and transfer facilities once each year. EPA estimates that the annual 
burden for a used oil transporter to read the regulations is four 
hours, at an annual cost of $107. The annual burden to 383 transporters 
due to reading the regulations is 1,341 hours, at a cost of $40,994.
    EPA estimates that one-eighth of the 383 used oil transporters and 
transfer facilities, or 48 did not previously test the halogen content 
of the used oil. This estimate is based on a National Oil Recyclers 
Association survey. The requirement does not impose an incremental 
burden or cost on most used oil transporters because such 
determinations were already a widely conducted industry practice in 
response to the used oil fuel specification established in 1985. A 
transporter typically makes halogen content determinations 4,633 times 
per year at a materials cost of $5.36 per test. EPA estimates the total 
annual materials cost per transporter to be $24,827, which totals 
$1,191,696 for 48 transporters. The total annual burden hours per 
transporter is 463 hours, at a cost of $11,839. This translates to an 
annual burden of 22,240 hours, at a cost of $568,272 for the 48 
transporters and transfer facilities. The combined cost (labor plus 
materials) is $1,759,962.
    Transporter and transfer facilities must keep records of used oil 
shipments delivered to processors or other customers. EPA estimates 
that an

[[Page 55117]]

average of 530 shipments are delivered each year by a transporter. The 
Agency believes that while many of the tracking requirements (e.g., 
name and address of recipient, quantity shipped, date) are part of 
customary business practice, some incremental burden results from the 
regulations. EPA estimates the incremental tracking requirement 
associated with these shipments results in an annual respondent burden 
of 42 hours per year, which represents an annual cost of $848. The 
annual burden associated with these tracking requirements for all 
transporters and transfer facilities is 16,163 hours, at a cost of 
$324,669.
    Every transporter and transfer facility must also keep records of 
each shipment of used oil accepted at each facility. EPA estimates that 
an average of 4,000 shipments are accepted each year by each 
transporter. The incremental tracking requirement for such shipments 
results in an annual burden of 319 hours per year, at an annual cost of 
$6,398. Therefore, the annual burden for all transporters and transfer 
facilities is 121,986 hours, at a total cost of $2,450,331.
    Transporters and transfer facilities must maintain the records of 
their halogen testing and tracking activities for up to three years. 
Maintaining these records imposes a an annual burden of 57 hours, at a 
cost of $1,351.00, for each transporter or transfer facility. The 
annual burden for all transporters and transfer facilities due to 
maintaining records is 21,703 hours, at a cost of $517,619.

Processors and Re-Refiners

    Processor and re-refiner requirements for used oil are set forth in 
40 CFR Part 279, Subpart F. Owners/operators of used oil processing and 
re-refining facilities are required to undertake prevention and 
preparedness activities at their facilities. These requirements ensure 
that used oil processing and re-refining facilities are maintained to 
minimize the threat of a sudden or non-sudden release, fire, explosion 
or similar emergency and ensure that facilities are prepared to 
undertake appropriate actions if an emergency situation occurs.
    Used oil processing and re-refining facilities that store or 
process used oil in aboveground or underground tanks must also 
determine at the time of closure whether all contaminated soils can be 
practicably removed or decontaminated as required. If the owner/
operator cannot make the determination, the owner/operator must close 
the tank system and perform post-closure care. Based on existing 
Superfund data and RCRA enforcement information available for the solid 
waste management units used for used oil storage or management, EPA 
believes that these closure requirements are critical to minimizing the 
potential creation of future Superfund sites.
    Used oil processors and re-refiners are also required to develop a 
written used oil analysis plan and retain a copy of the plan at the 
facility. The plan must include information concerning methods, 
location and frequency for analysis of used oil. This requirement 
ensures that processors and re-refiners use adequate sampling and 
testing methodologies.
    Used oil processors and re-refiners are required to keep a record 
for each used oil shipment that is accepted for processing or re-
refining or delivered to another used oil processor and re-refiner, to 
a used oil burner, or a disposal facility. All records must be 
maintained for at least three years. EPA believes these recordkeeping 
requirements are necessary to ensure that used oil is properly managed. 
Documenting all parties who handled the used oil also discourages 
adulteration of used oil by any used oil handler.
    Used oil processors and re-refiners are also required to submit a 
biennial report to EPA. EPA requires this information to identify 
industry trends.
    EPA estimates that there are between 211 and 286 used oil 
processors/re-refiners currently in operation. For the purposes of 
these burden and cost estimates, EPA chose the midpoint of this range 
(249) as its estimate for the number of processors/re-refiners. The 
total estimated annual information collection burden for a processor/
re-refiner is 530 hours, which represents an annual cost of $11,866. 
This results in a total annual burden for all used oil processors/re-
refiners of 131,950 hours, at a cost of $2,416,412.
    The Agency assumes that used oil processors/re-refiners will read 
the regulations once each year. EPA estimates the annual burden for a 
used oil processor/re-refiner to read the regulations is 14 hours, 
which represents an annual cost of $414. The total annual burden 
imposed upon all processors/re-refiners related to reading the 
regulations is 3,362 hours, at a cost of $103,055.
    EPA believes that only new processors/re-refiners need to develop 
contingency and emergency plans, because existing processors/re-
refiners should have already prepared such plans. With the trend toward 
consolidation, rather than expansion, among industry participants, EPA 
expects no incremental burden from this requirement. However, all the 
estimated 249 processors and re-refiners will revise their contingency 
plan once annually. EPA estimates the annual burden for a processor/re-
refiner to revise a contingency plan is seven hours, at a cost of $188. 
The annual burden to the estimated 249 processor/re-refiners, related 
to the contingency plan requirement, is 1,619 hours, at a cost of 
$46,930. Additionally, EPA estimates that 1 percent of used oil 
processors/re-refiners will experience an emergency each year. 
Therefore, a total of two processors/re-refiners would be subject to 
emergency procedural requirements and subsequent revisions of emergency 
plans. It is estimated that the emergency plan revision process and 
procedural requirements subject each processor/re-refiner to a burden 
of 22 hours, at an annual cost of $619. EPA estimates that these 
requirements affect two facilities each year, so the annual burden for 
all processor/re-refiners is 45 hours at a cost of $1,238.
    Only new processors/re-refiners need to develop analysis plans, 
since existing processors/re-refiners should already have developed 
analysis plans. With the trend toward consolidation, rather than 
expansion, among industry participants, EPA expects no incremental 
burden from this requirement. However, all the estimated 249 
processors/re-refiners are affected by the requirement to maintaining 
written analysis plans. EPA estimates that the burden to each 
processor/re-refiner associated with this requirement is six hours, at 
a cost of $154. The annual burden associated with this requirement to 
the estimated 249 processors/re-refiners is 1,413 hours, at a cost of 
$38,254.
    Processors/re-refiners must keep records of each shipment of used 
oil delivered to customers. EPA estimates that an average of 530 
shipments are delivered by a processor/re-refiner each year. EPA 
believes that many of the tracking requirements (e.g., name and address 
of recipient, quantity shipped, date) are customary business practice. 
The regulations, however, do impose some incremental burden. EPA 
estimates the incremental burden associated with tracking these 
shipments results in an annual burden to a processor/re-refiner of 48 
hours per year, which represents an annual cost of $987. The annual 
burden for all processors/re-refiners due to this requirement is 11,828 
hours at a cost of $245,769.
    Processors/re-refiners also keep records of each shipment of used 
oil accepted at each facility. EPA estimates that 4,000 shipments are 
accepted each

[[Page 55118]]

year at each facility. EPA estimates that the incremental tracking 
requirement associated with these shipments results in an annual burden 
each to processor/re-refiner of 359 hours, which represents an annual 
cost of $7,449. The annual burden to the estimated 249 processors/re-
refiners due to this requirement is 89,267 hours, at a cost of 
$1,856,861.
    Processors/re-refiners submit a biennial report that contains 
company specific information. EPA estimates that this requirement 
imposes an annual burden of five hours to each processor/re-refiner, 
with an annual cost of $120 per facility. The annual burden associated 
with the biennial reporting requirement to the estimated 249 processor 
and re-refiners is 1,251 hours at a cost of $29,980.
    Processors/re-refiners must maintain records of the contingency and 
emergency procedures, analysis plan, and tracking activities for up to 
three years. EPA estimates that 80 percent of processors/re-refiners 
retain records as part of their current operating practices in response 
to the burning regulations promulgated in 1985. The total burden to the 
remaining 20 percent of the estimated 249 processors/re-refiners, or 50 
processors/re-refiners, associated with these record retention 
requirements is 3,532 hours annually, at a cost of $96,325.

Off-Specification Burners

    On November 29, 1985, EPA promulgated notification, analysis and 
recordkeeping requirements for off-specification used oil burners. 
These standards are now codified under part 279, subpart G. Burners are 
required to keep a record for each used oil shipment that is accepted 
for burning. Before a burner can accept off-specification used oil fuel 
from a used oil marketer, he must provide to the used oil marketer a 
one-time written and signed notice certifying that the burner has 
notified EPA of his location, provided a general description of his 
used oil management activities, and that used oil will only be burned 
in an industrial furnace or boiler identified in 40 CFR 279.61. The 
certification must be maintained for three years from the date the 
burner last receives a shipment of off-specification used oil from that 
used oil marketer. EPA believes these recordkeeping requirements are 
necessary to ensure that used oil is properly managed. Documenting all 
parties who handled the used oil also discourages adulteration of used 
oil by any used oil handler. These requirements also ensure that off-
specification used oil is burned only in approved units.
    EPA estimates that there are approximately 100 used oil burners 
that burn off-specification used oil for energy recovery. The estimated 
information collection burden to each burner is 16.5 hours, at an 
annual cost of $503. The total annual burden to the estimated 100 used 
oil burners is 1,473 hours, at a cost of $50,345.
    EPA accounts for the fact that used oil will read the regulations 
once annually. EPA estimates that the annual burden for a burner to 
read the regulations is 13 hours, at an annual cost of $387. The annual 
burden for all burners to read the regulations is 1,300 hours, at a 
cost of $38,675.
    Used oil burners are required to keep records of each off-
specification used oil shipment accepted at their facilities. EPA 
estimates that a used oil burner accepts an average of 18 shipments 
each year. EPA estimates the tracking requirements associated with 
accepting off-specification used oil shipments results in an annual 
burden of 1.7 hours per year for each burner, at an annual cost of $49. 
The annual burden to the estimated 100 used oil burners due to this 
requirement is 173 hours, at a cost of $4,886.
    A used oil burner must notify each generator, transporter, and 
processor/re-refiner that ships off-specification used oil to its 
facility that it is approved for that purpose. EPA estimates that this 
requirement imposes an annual burden of six minutes per year to a used 
oil burner, at an annual cost of $4. The total annual burden to the 
estimated 100 used oil burners due to this requirement is 10 hours, at 
a cost of $388.
    Burners must maintain the records of the tracking and notice 
activities for up to three years. EPA estimates that the requirement to 
maintain records imposes an annual burden of 1.7 hours to a used oil 
burner, at a cost of $64. The total annual burden to the estimated 100 
used oil burners due to the requirement to maintain records is 166 
hours, at a cost of $6,396.

Marketers

    On November 29, 1985, EPA promulgated notification, analysis and 
recordkeeping requirements for marketers of used oil. These standards 
are now codified under 40 CFR part 279, subpart H. Marketers that 
demonstrate that used oil meets the specifications of 40 CFR 279.11 are 
required to keep copies of analyses or other information documenting 
that the used oil fuel meets the specifications. These copies must be 
kept for at least three years. Marketers who direct a shipment of off-
specification used oil to a burner are required to keep a record of 
each used oil shipment. Before a marketer sends a first shipment of 
off-specification used oil fuel to a burner, he must obtain from the 
burner a one-time written and signed notice certifying that the burner 
has notified EPA of his location and has provided a general description 
of his used oil management activities, and that the burner will burn 
the used oil only in an industrial furnace or boiler identified in 40 
CFR 279.61. The certification must be maintained for three years from 
the date the marketer last sends a shipment of off-specification used 
oil to the burner. This provides assurances that the off-specification 
oil is burned in facilities with appropriate emission controls. EPA 
believes these recordkeeping requirements are necessary to ensure that 
used oil is properly managed. Documenting all parties who handled the 
used oil also discourages adulteration of used oil by any used oil 
handler.
    EPA estimates that there are 192 used oil transporter-marketers and 
249 processor-marketers for a total of 441 marketers. These estimates 
are based on the assumptions that half of the estimated 383 
transporters are also marketers and that all of the estimated 249 
processors/re-refiners are also marketers. EPA estimates the total 
annual burden for each used oil marketer to be 160 hours, at an annual 
cost of $3,629. The total annual burden to the estimated 441 used oil 
marketers is 68,333 hours, at a cost of $1,563,500.
    Processors that are marketers must have an analysis plan outlining 
when, how, and by whom the used oil will be tested as to whether is 
meets the used oil fuel specification. This requirement imposes a 
burden of 155 hours per facility, with an annual cost of $3,462. The 
annual burden for all 249 processor-marketers is 38,583 hours and 
$861,945.
    Every transporter that is a marketer also obtains copies of 
analyses documenting that the used oil fuel meets the specifications, 
or it must perform the analysis itself. EPA estimates that this 
determination requirement results in the same hourly and economic 
burden per transporter as the processors. The annual burden for the 192 
transporter-marketers due to this requirement is 29,750 hours, at a 
cost of $664,632.
    Processor-marketers must obtain a notice verifying that the burner 
facility to which they deliver the off-specification used oil is 
approved for that purpose. EPA estimates that this requirement imposes 
an annual burden for each marketer of five hours per year, at an annual 
cost of $84. The total

[[Page 55119]]

annual burden to the estimated 249 processor-marketers associated with 
the notices requirement is 1,180 hours, at a cost of $20,848.
    Transporter-marketers must also obtain a certification from the 
burner to which they deliver their off-specification used oil. EPA 
estimates that this requirement imposes the same burden on a 
transporter-marketer as on a processor-marketer. The total annual 
burden to the estimated 192 transporter-marketers associated with this 
requirement is 910 hours, at a cost of $16,076.

States

    Under 40 CFR part 279, a State may petition EPA to allow the use of 
used oil as a dust suppressant. The State must show that it has a 
program in place to prevent the use of used oil/hazardous waste 
mixtures or used oil exhibiting a characteristic other than 
ignitability as a dust suppressant. In addition, such programs must 
minimize the impacts of road oiling on the environment. Since the rules 
have been in place, no states have petitioned to use used oil as a dust 
suppressant. Therefore, EPA estimates that there is no burden imposed 
upon States.
    No person is required to respond to a collection of information 
unless it displays a currently valid OMB control number. The OMB 
control numbers for EPA's regulations are displayed in 40 CFR part 9.

    Dated: October 6, 1998.
Elizabeth A. Cotsworth,
Acting Director, Office of Solid Waste.
[FR Doc. 98-27525 Filed 10-13-98; 8:45 am]
BILLING CODE 6560-50-P