[Federal Register Volume 63, Number 234 (Monday, December 7, 1998)]
[Proposed Rules]
[Pages 67562-67571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32425]



[[Page 67561]]

_______________________________________________________________________

Part VI





Environmental Protection Agency





_______________________________________________________________________



40 CFR Parts 262, 264, 265, and 270



Project XL Rulemaking for New York State Public Utilities; Hazardous 
Waste Management System; Proposed Rule

  Federal Register / Vol. 63, No. 234 / Monday, December 7, 1998 / 
Proposed Rules  

[[Page 67562]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 262, 264, 265, and 270

[FRL-6197-7]


Project XL Rulemaking for New York State Public Utilities; 
Hazardous Waste Management System

AGENCY: Environmental Protection Agency (EPA).

ACTION: Request for comment on proposed rule and draft final project 
agreement.

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SUMMARY: Today's proposed rule would provide regulatory flexibility 
under the Resource Conservation and Recovery Act (RCRA), as amended. It 
would allow participating New York State Utilities to accumulate 
hazardous waste, which they generate at remote locations, at designated 
Utility-owned central collection facilities (UCCFs) for up to 90 days 
subject to specified hazardous waste generator requirements. EPA is 
proposing this rule to implement an XL project for Utilities in New 
York State. The terms of the XL project are defined in the draft Final 
Project Agreement (FPA) on which EPA is also requesting comments. The 
draft FPA explains the project in detail, while the proposed rule would 
enable New York State Department of Environmental Conservation (NYSDEC) 
to implement portions of the project requiring regulatory 
authorization.
    In order to qualify for the flexibility that the proposed rule, if 
adopted, would provide, New York State Utilities must initiate and 
comply with public notice and participation requirements set forth in 
the rule regarding the designation and approval of UCCFs. Subsequent to 
these public participation procedures, Utilities must receive 
authorization from EPA to participate in the flexibility provided by 
this proposed rule. This proposed rule is intended to provide 
regulatory changes to implement this XL project. The agency expects 
this XL project to result in superior environmental performance in New 
York State, while providing cost savings to participating Utilities.

DATES: Public Comments: Comments on the proposed rule and/or FPA must 
be received on or before January 6, 1999.
    Public Hearing: Commenters may request a public hearing during the 
public comment period. Commenters requesting a public hearing should 
specify the basis for their request. If EPA determines that there is 
sufficient reason to hold a public hearing, it will do so after the 
public comment period. Requests for a public hearing should be 
submitted to the address below. If a public hearing is scheduled, the 
date, time, and location will be announced in the Federal Register.

ADDRESSES: Written comments and requests for a hearing should be mailed 
to the RCRA Information Center Docket Clerk (5305G), U.S. Environmental 
Protection Agency, 401 M Street, S.W., Washington, D.C. 20460. Please 
send an original and two copies of all comments, and refer to Docket 
Number F-98-NYSP-FFFFF. A copy should also be sent to Mr. Philip Flax 
at U.S. Environmental Protection Agency, Region 2, 290 Broadway, New 
York, NY 10007-1866.
    Viewing Docket Materials: A docket containing public comments and 
supporting materials is available for public inspection and copying at 
the RCRA Information Center (RIC), located at Crystal Gateway, 1235 
Jefferson Davis Highway, First Floor, Arlington, Virginia. The RIC is 
open from 9:00am to 4:00pm Monday through Friday, excluding federal 
holidays. The public is encouraged to phone in advance to review docket 
materials. Appointments can be scheduled by phoning the Docket Office 
at (703) 603-9230. Refer to RCRA docket number F-98-NYSP-FFFFF. The 
public may copy a maximum of 100 pages from any regulatory docket at no 
charge. Additional copies cost 15 cents per page.
    A duplicate copy of the docket is available for inspection and 
copying at U.S. EPA, Region 2, 290 Broadway, New York, NY 10007-1866 
during normal business hours. Persons wishing to view the duplicate 
docket at the New York location are encouraged to contact Mr. Philip 
Flax in advance, by telephoning (212) 637-4143. Information is also 
available on the world wide web at http://www.epa.gov/ProjectXL.

FOR FURTHER INFORMATION CONTACT: Mr. Philip Flax, U.S. EPA, Region 2, 
290 Broadway, New York, NY 10007-1866, (212) 637-4143.

SUPPLEMENTARY INFORMATION:

Outline of Today's Document

    The information presented in this preamble is organized as follows:

I. Authority
II. Background
    A. Overview of Project XL
    B. Overview of the NYSDEC XL Project
    1. Introduction
    2. NYSDEC XL Project Description
    3. Environmental Benefits
    4. Economic Benefits
    5. Stakeholder Involvement
    6. Project Duration and Completion
    C. Rule Description
III. Additional Information
    A. Public Hearing
    B. Executive Order 12866
    C. Regulatory Flexibility
    D. Paperwork Reduction Act
    E. Unfunded Mandates Reform Act
    F. RCRA/HSWA
    1. Applicability of Rules in Authorized States
    2. Effect on New York State Authorization
    G. Applicability of Executive Order 13045
    H. Executive Order 12875: Enhancing Intergovernmental 
Partnerships
    I. Executive Order 13084: Consultation and Coordination With 
Indian Tribal Governments
    J. National Technology Transfer and Advancement Act

I. Authority

    These regulations are being proposed under the authority of 
sections 2002(a), 3001, 3002, 3004, 3005, 3006, 3010, and 7004 of the 
Solid Waste Disposal Act, as amended by the Resource Conservation and 
Recovery Act, as amended, 42 U.S.C. 6912(a), 6921, 6922, 6924, 6925, 
6926, 6930, and 6974.

II. Background

A. Overview of Project XL

    The draft FPA sets forth the intentions of EPA and the NYSDEC with 
regard to a project developed under Project XL, an EPA initiative to 
allow regulated entities to achieve better environmental results at 
less cost. The regulation would facilitate implementation of the 
project. Project XL--``eXcellence and Leadership''was announced on 
March 16, 1995, as a central part of the National Performance Review 
and the EPA's effort to reinvent environmental protection. See 60 FR 
27282 (May 23, 1995). Project XL provides a limited number of private 
and public regulated entities an opportunity to develop their own pilot 
projects to provide regulatory flexibility that will result in 
environmental protection that is superior to what would be achieved 
through compliance with current and reasonably anticipated future 
regulations. These efforts are crucial to EPA's ability to test new 
strategies that reduce the regulatory burden and promote economic 
growth while achieving better environmental and public health 
protection. EPA intends to evaluate the results of this and other XL 
projects to determine which specific elements of the project(s), if 
any, should be more broadly applied to other regulated entities for the 
benefit of both the economy and the environment.
    Under Project XL, participants in four categories--facilities, 
industry sectors, governmental agencies and communities--are offered 
the flexibility to develop common sense, cost-effective strategies that 
will replace or modify

[[Page 67563]]

specific regulatory requirements, on the condition that they produce 
and demonstrate superior environmental performance. To participate in 
Project XL, applicants must develop alternative pollution reduction 
strategies pursuant to eight criteria: superior environmental 
performance; cost savings and paperwork reduction; local stakeholder 
involvement and support; test of an innovative strategy; 
transferability; feasibility; identification of monitoring, reporting 
and evaluation methods; and avoidance of shifting the risk burden. They 
must have full support of affected federal, state and tribal agencies 
to be selected.
    For more information about the XL criteria, readers should refer to 
the two descriptive documents published in the Federal Register (60 FR 
27282, May 23, 1995 and 62 FR 19872, April 23, 1997), and the December 
1, 1995 ``Principles for Development of Project XL Final Project 
Agreements'' document. For further discussion as to how the NYSDEC XL 
project addresses the XL criteria, readers should refer to the draft 
Final Project Agreement and fact sheet that are available from the 
docket for this action (see ADDRESSES section of today's preamble).
    Project XL is intended to allow the EPA to experiment with untried, 
potentially promising regulatory approaches, both to assess whether 
they provide benefits at the specific facility affected, and whether 
they should be considered for wider application. Such pilot projects 
allow the EPA to proceed more quickly than would be possible when 
undertaking changes on a nationwide basis. EPA may modify rules, on a 
site-or state-specific basis, that represent one of several possible 
policy approaches within a more general statutory directive, so long as 
the alternative being used is permissible under the statute.
    Adoption of such alternative approaches or interpretations in the 
context of a given XL project does not, however, signal EPA's 
willingness to adopt that interpretation as a general matter, or even 
in the context of other XL projects. It would be inconsistent with the 
forward-looking nature of these pilot projects to adopt such innovative 
approaches prematurely on a widespread basis without first determining 
whether or not they are viable in practice and successful for the 
particular projects that embody them. Furthermore, as EPA indicated in 
announcing the XL program, it expects to adopt only a limited number of 
carefully selected projects. These pilot projects are not intended to 
be a means for piecemeal revision of entire programs. Depending on the 
results in these projects, EPA may or may not be willing to consider 
adopting the alternative approach or interpretation again, either 
generally or for other specific facilities.
    EPA believes that adopting alternative policy approaches and/or 
interpretations, on a limited, site-or state-specific basis and in 
connection with a carefully selected pilot project, is consistent with 
the expectations of Congress about EPA's role in implementing the 
environmental statutes (so long as EPA acts within the discretion 
allowed by the statute). Congress' recognition that there is a need for 
experimentation and research, as well as ongoing reevaluation of 
environmental programs, is reflected in a variety of statutory 
provisions, e.g., Section 8001 of RCRA.

B. Overview of the NYSDEC XL Project

1. Introduction
    EPA is today requesting comments on the draft FPA and proposing a 
rule to implement key provisions of this Project XL initiative. Today's 
proposed rule would facilitate implementation the draft FPA (the 
document that embodies EPA's intent to implement this project) that has 
been developed by EPA, New York State Department of Environmental 
Conservation (NYSDEC), New York State Utilities, and other 
stakeholders. After comments on the draft FPA have been considered, EPA 
and NYSDEC expect to sign a final FPA. The draft FPA is available for 
review in the docket for today's action and on the world wide web at 
http://www.epa.gov/ProjectXL. The draft FPA addresses the eight Project 
XL criteria, and the expectation of EPA that this XL project will meet 
those criteria. Those criteria are: (1) Environmental performance 
superior to what would be achieved through compliance with current and 
reasonably anticipated future regulations; (2) cost savings or economic 
opportunity, and/or decreased paperwork burden; (3) stakeholder 
support; (4) test of innovative strategies for achieving environmental 
results; (5) approaches that could be evaluated for future broader 
application; (6) technical and administrative feasibility; (7) 
mechanisms for monitoring, reporting, and evaluation; and (8) 
consistency with Executive Order 12898 on Environmental Justice 
(avoidance of shifting of risk burden). The draft FPA specifically 
addresses the manner in which the project is expected to produce 
superior environmental benefits.
2. NYSDEC XL Project Description
    Utilities maintain rights-of-way, such as oil and gas pipelines, 
telephone lines, and electric power distribution systems, in some cases 
extending hundreds of miles. Frequently, hazardous waste is generated 
at remote locations that are not continuously staffed. The generation 
``events'' are sometimes planned in advance, but often are not, 
particularly in cases where there has been a sudden, unexpected 
interruption of service. Waste may also be generated as part of routine 
service. This waste is generally generated as a result of sediments 
accumulating at Utility access points.
    In the case of electric power and telephone systems, the locations 
involved are usually transformer vaults, service boxes, and manholes, 
which are most often located in the middle of public roads. In order to 
access conduits and service the system, sediment and/or infiltration 
water must be removed. These materials commonly fail the Toxicity 
Characteristic (TC) for lead and may be hazardous waste. For electric 
power systems, polychlorinated biphenyl (PCB) contamination is also 
possible. Waste containing PCBs is regulated under the Toxic Substances 
Control Act (TSCA). In the case of oil and gas pipelines, the waste may 
consist of pipeline condensate which collects in ``drip'' pipes 
downstream of pressure regulating stations. This waste commonly 
exhibits the characteristic of ignitability, commonly fails the TC for 
benzene and may contain PCBs.
    Generally, hazardous waste may qualify for conditional exemption 
under RCRA because it is generated in quantities less than 100 
kilograms per calendar month. However, when hazardous waste generated 
exceeds 1000 kilograms per calendar month, it is subject to applicable 
regulations at 40 CFR Part 262. In addition, when one kilogram or more 
of an acutely hazardous waste is generated per calendar month at a 
remote location, it is also subject to applicable regulations at 40 CFR 
Part 262.
    Utilities are currently allowed to accumulate hazardous waste 
without a permit at the remote location where it is generated for up to 
90 (or, under certain circumstances, 180 days) days without RCRA 
permits prior to transporting it to a permitted treatment, storage and 
disposal facility (TSDF) or other designated facility. However, since 
remote Utility locations are often unstaffed, it is very difficult to 
store hazardous waste and secure against releases resulting from 
accidents or vandalism. Arranging for a commercial transporter to bring 
hazardous waste

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directly to a TSDF may take several days, particularly if the event was 
unplanned. To effectively and adequately protect public health, safety, 
and the environment, it would be preferable if hazardous waste 
generated at remote locations could be transported to a secured 
location as soon as possible upon completion of the generation event.
    RCRA regulations generally do not allow the shipment to, or 
consolidation of, hazardous waste at off-site facilities other than a 
permitted or interim status TSDF or other designated facility. 
Furthermore, for each remote location that generates more than 1,000 
kilograms during any single month, the utility must prepare and submit 
a Biennial Report. The RCRA-authorized state processes each report and 
enters the data into state databases, and EPA enters it into the 
Biennial Report System (BRS) database. As a result, both state and 
federal databases may include hundreds of ``sites'' which are actually 
only drip pipes and/or manholes.
    Additionally, utilities must arrange frequent shipments of small 
loads of hazardous waste which must be sent directly to a permitted 
TSDF. The current handling of hazardous waste from remote locations may 
result in unsafe storage and hazardous conditions, additional paperwork 
and expenditure of time and labor, and inefficiencies in 
transportation, increasing direct costs.
    Utilities would prefer to have hazardous waste transported 
immediately from remote locations to a UCCF to which the remote 
locations are connected by a right-of-way, such as a pipeline, that the 
Utility controls. At such secured locations, the Utilities would then 
accumulate this waste in accordance with specified hazardous waste 
generator requirements. These requirements would allow up to 90 days to 
safely consolidate similar waste from different remote locations 
without RCRA permits to achieve important efficiencies in 
transportation and waste management. To the extent that wastes arriving 
at the UCCF on different dates are consolidated in the same container, 
the 90-day period would run from the earlier of the two dates that the 
wastes arrived. The proposed rule would allow vehicles transporting 
waste from a UCCF to a commercial TSDF to carry relatively full loads. 
On the other hand, if hazardous waste must be transported to a TSDF 
directly from remote locations, more vehicle trips would be required, 
each carrying smaller loads.
    This proposed rule would avoid the problems of unsafe storage, 
transportation inefficiencies, and unnecessary paperwork by allowing 
alternative handling for hazardous waste generated at remote locations 
by Utilities. If the proposed rule is adopted, EPA expects the 
following to occur:
    1. Chemically similar hazardous waste can be consolidated without a 
RCRA permit for up to 90 days at a UCCF, in compliance with specified 
requirements set forth in today's proposed rule. Each UCCF would only 
handle waste generated at its remote locations. The waste would be 
removed from each remote location immediately. If wastes arriving at 
the UCCF on different dates are consolidated in the same container, the 
90-day period would run from the earlier of the two dates that the 
wastes arrived.
    2. Waste generated at remote locations can be accounted for in a 
combined Biennial Report, submitted by the UCCF, instead of requiring 
the submission of a Biennial Report for each remote location.
    Thus, today's proposed rule would allow participating New York 
State Utilities to accumulate hazardous waste, which they generate at 
remote locations and remove immediately, at designated UCCFs without 
RCRA permits for up to 90 days subject to specified requirements.
    Under the proposed rule a UCCF would be able to accumulate 
hazardous waste received from remote locations at the UCCF for up to 90 
days, thereby allowing time for consolidation of wastes that are 
chemically similar. The requirements applicable to the UCCF would 
include all requirements currently applicable to 90-day on-site 
accumulation, plus certain additional requirements specific to this 
project. A UCCF may prepare a single Biennial Report for waste received 
from its associated remote locations. A separate Biennial Report must 
be prepared for any shipment of hazardous waste sent directly to a 
permitted TSDF that would ordinarily require a Biennial Report.
    In order to participate in the flexibility provided by the proposed 
rule, New York State Utilities must initiate and comply with public 
notice and participation requirements set forth in the rule regarding 
the designation(s) and approval of UCCF(s). Subsequent to these public 
participation procedures, Utilities must receive authorization from EPA 
to participate in the flexibility provided by this proposed rule. EPA 
may determine that a Utility or UCCF should not be authorized to 
participate in the relief afforded by the proposed rule based on 
anything learned before, during or after the public notice procedures, 
including a Utility's compliance history.
    The proposed rule would enhance the protection of public health and 
the environment by facilitating and requiring the immediate removal of 
hazardous waste that is difficult to properly secure at remote 
locations. Such waste would be required by the terms of the proposed 
rule to be moved to the UCCF for consolidation immediately after the 
generation event is ended. Hazardous traffic conditions that endanger 
public safety may also diminish.
    Utilities would realize considerable savings in direct costs 
through efficiencies in transportation by consolidating hazardous 
waste. Reducing the number of trips made by waste-transporting vehicles 
also reduces mobile source emissions. Elimination of the need to 
complete biennial reports would bring about a very significant 
reduction in paperwork and savings in time and labor, both for 
Utilities and environmental regulatory agencies, who can then redirect 
such resources to other environmental needs.
    In addition, the proposed rule would require Utilities to reinvest 
at least one-third of the direct savings realized from participation in 
the XL project into one or more environmental projects, such as 
pollution prevention, that are over and above existing legal 
requirements and that have not been initiated prior to the Utility's 
authorization to manage hazardous waste pursuant to the rule.
    The proposed rule applies only to the storage, transport, and 
disposal of waste generated at a Utility's remote locations and sent to 
a designated UCCF; the proposed rule would not apply to waste received 
by the UCCF from locations other than those defined as remote 
locations. In addition, except as explicitly provided for in the 
proposed rule, the rule would not affect any other requirements 
pertaining to the storage, transport, and disposal of waste generated 
at a Utility's remote locations. For example, a Utility would still be 
required to determine whether waste generated at a remote location is 
subject to the land disposal restrictions set forth in 40 CFR part 268 
and the Toxic Substances Control Act and its implementing regulations 
set forth in 40 CFR part 761 at the point of generation, prior to any 
commingling of waste. In addition, nothing in the proposed rule 
prohibits a Utility from treating hazardous waste in an accumulation 
tank or container pursuant to the provisions set forth in 262.90 
provided the Utility complies with the requirements for tanks set forth 
in Subpart J of 40 CFR part 265, except Secs. 265.197(c) and 265.200, 
and/or the

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requirements for containers set forth in Subpart I of 40 CFR part 265.
    Similarly, it is not the intent of the proposed rule to expand the 
size of the regulated universe nor to subject uniquely managed waste to 
increased regulation. Therefore, whether a Utility designates UCCFs or 
not, waste generated at individual remote locations that does not 
exceed 100 kilograms in a calendar month will continue to be subject to 
the requirements for Conditionally Exempt Small Quantity Generators 
(CESQG) at 40 CFR 261.5.
3. Environmental Benefits
    This XL project would allow hazardous waste, generated by Utilities 
at ``remote'' locations that are not permanently staffed, to be 
transported to a secured location that may not be a permitted TSDF 
immediately after the generation event is ended. At the present time, 
particularly when the generation event is unplanned, it may take 
several days to make arrangements for removal of the material directly 
to a TSDF. In the meantime, if the material remains at the remote 
location, it may endanger public health and the environment because it 
may be difficult for the Utility to provide secure storage for the 
material, safe from releases through accidents or vandalism. Moreover, 
if the material is left at a street location where it continues to 
disrupt normal traffic patterns (vehicular and/or pedestrian), public 
safety is threatened, even if there are no releases. Particularly in 
urban settings (e.g., New York City), the disruption of traffic 
patterns can lead to a substantial risk of vehicular collisions or 
vehicle/pedestrian accidents. Leaving the material at a street location 
may result in forced merging of high-volume traffic lanes. This project 
should help to enhance public safety and prevent endangerment to human 
health and the environment.
    There would also be direct environmental results to be realized 
from the consolidation of similar waste at UCCFs. By minimizing the 
number of vehicle trips that must be made to the ultimate TSDF, 
emissions from mobile sources are reduced, as well as vehicular fuel 
consumption and the possibility of an accident involving a vehicle 
transporting this waste.
    Indirect environmental benefits would result from the reduced need 
for human resources, time and paperwork. More Utility and regulatory 
agency resources would be made available to address high-priority 
environmental issues.
    In addition, participating Utilities would reinvest one-third of 
the direct cost savings accrued due to participation in this project 
into one or more environmentally beneficial projects that are above and 
beyond what is legally required by law and that were not planned prior 
to the initiation of this XL project. Participating Utilities would 
identify, in annual Progress Reports, the monetary value of the direct 
cost savings which they have experienced as a result of the project and 
the environmental activities in which one-third of these direct cost 
savings have been reinvested.
4. Economic Benefits
    Utilities would realize direct cost savings. Through the need for 
reduced resources, time and paperwork, they also anticipate indirect 
savings. NYSDEC and EPA would realize indirect savings through reduced 
resource demands, time saved (including computer time), and reduced 
paperwork.
    Utilities could realize a variety of direct cost savings. First, 
Utilities would not incur expenses for having to store hazardous waste 
at remote locations, even temporarily. Second, Utilities would realize 
direct cost savings through efficiencies in transportation. By being 
able to consolidate waste at the UCCF that is chemically similar, fewer 
vehicle trips to ultimate destination facilities would be required. 
Third, Utilities could avoid the costs of having to secure hazardous 
waste facility permits for facilities that receive hazardous waste for 
short-term management from remote locations. And fourth, the proposed 
rule would subject the UCCFs to specified generator requirements 
(rather than TSDF requirements). These savings may include: database 
management for each remote location as an individual generator, State 
annual Hazardous Waste Report preparation costs, Biennial Report 
preparation costs, Part B permit application costs, closure plan 
preparation costs, P.E. certification of closure, financial assurance 
costs, annual state TSDF operating fee, TSDF corrective action 
liability costs, and cost savings realized from consolidation of waste 
for economical shipment.
    Utilities would realize indirect savings in resources, time, and 
reduced paperwork by not having to submit Biennial Reports for remote 
locations that generate in excess of 1,000 kilograms of hazardous waste 
during the generation event. Instead, the hazardous waste generated at 
remote locations would be included in the Biennial Reports of the UCCFs 
to which they are brought. All such hazardous waste would still be 
fully accounted for without increasing the number of Biennial Reports 
that the Utility must prepare and submit. EPA would also realize 
indirect savings in human resources, time (including computer time), 
and reduced paperwork. Biennial Reports for remote locations would no 
longer need to be processed and entered in federal databases. As long 
as the quantities and types of hazardous waste from these locations are 
accounted for, the minimal benefits of these excess reports do not 
justify the extra work involved in preparing and processing the 
reports.
    In addition to the savings reaped from eliminating Biennial Reports 
for remote locations, NYSDEC is considering eliminating its State 
annual Hazardous Waste Reports for remote locations. Should NYSDEC 
eliminate these reports, the savings discussed above would apply to 
that change as well.
5. Stakeholder Involvement
    NYSDEC and EPA have been involved in the development of this 
project, and both support it. Bell Atlantic acted as lead for the 
telephone industry. Consolidated Edison acted as lead for the electric 
power industry, with assistance from the New York State Power Pool. 
Brooklyn Union Gas acted as lead for the oil and gas pipeline industry 
(intrastate and interstate). Consolidated Edison and the New York State 
Power Pool solicited comments from other electric power companies in 
New York State which were then funneled through Consolidated Edison. 
Brooklyn Union Gas provided the same service to other intrastate and 
interstate oil and gas pipelines.
    The development of the draft FPA was accomplished through 
implementation of a Public Participation and Outreach Plan, which is 
included in the docket for this proposed rulemaking. This Plan provided 
opportunity for participation by potential industrial participants, 
environmental organizations, the general public and other interested 
parties. The proposed rule and draft FPA also provide for public 
participation in the designation and approval of UCCFs by participating 
Utilities, subsequent to the signing of the Final Project Agreement and 
the effective date of the proposed rule.
    EPA is today soliciting comments on both the proposed rule and the 
draft FPA. Commentators may request a public hearing during the public 
comment period. If EPA determines that there is a basis to hold a 
public hearing, it will do so after the public comment period.

[[Page 67566]]

    Finally, since the proposed regulations modify regulations 
originally promulgated pursuant to RCRA, the NYSDEC intends to propose 
and (subject to public comment) promulgate an equivalent state 
regulation.
6. Project Duration and Completion
    As with all XL projects testing alternative environmental 
protection strategies, the term of the NYSDEC XL project is one of 
limited duration. The duration of the regulatory relief provided by 
this rule is anticipated to be 60 months from the effective date of 
this rule. However, EPA may suspend or terminate the regulatory relief 
provided to the Utilities or a specific Utility or UCCF at any time.

C. Rule Description

    The proposed rule would add a new section to the Standards 
Applicable to Generators of Hazardous Waste, 40 CFR part 262. Paragraph 
(a) of the proposed rule would define terms used in the new rule. The 
definition of remote location in paragraph (a)(3) is of particular 
interest because of its importance in the implementation of the 
regulation. Paragraph (b) would include the requirements that a Utility 
and UCCF would comply with in order to accumulate hazardous waste for 
up to 90 days at the UCCF. Utilities and UCCFs must follow these 
requirements in order to accumulate hazardous waste at UCCF's. For 
example, under proposed Sec. 262.90(b)(1), the utility would be 
required to use a Uniform Hazardous Waste Manifest (Form 8700-22) for 
all shipments of hazardous waste greater than 100 kilograms being sent 
from a remote location to a UCCF. The manifest used to transport 
hazardous waste from the remote location to the UCCF would be prepared 
as follows:
    (1) The EPA ID # of the UCCF would be entered on the Manifest Form 
in Item 1.
    (2) The name and location of the remote location would be entered 
in the Generator's Name and Mailing Address block (Item 3).
    (3) The transporter's name and EPA ID number would be entered in 
the Transporter 1 Company Name box (Items 5 and 6) .
    (4) The UCCF name would be entered in the Designated Facility Name 
and Site Address (Item 9) as the facility which will be handling the 
waste described on the manifest.
    (5) The DOT description and other information about the waste would 
be entered in Items 11 through 14.
    (6) The Generator's Certification (Item 16) would be signed.
    (7) The Transporters Acknowledgment of Receipt (Item 18) would be 
signed.
    (8) The person accepting the waste on behalf of the UCCF would sign 
the Certification of receipt of hazardous materials covered by this 
manifest (Item 20).
    (9) A copy of the manifest, signed by all required signatories, 
must be retained at the UCCF for a minimum of three years. A copy of 
the manifest must also be provided to the transporter, if other than 
the utility.
    The utility would also complete a new manifest in accordance with 
40 CFR 262.20, for all hazardous waste transported to a TSDF from the 
UCCF.
    Paragraph (c) of the proposed rule would require public 
notification of a Utility's and UCCF's participation. These 
requirements ensure that there is adequate public notice and comment on 
participation. Paragraph (d) includes items that need to be included in 
a notification of participation that would be sent to EPA Region II. 
Paragraph (e) would describe the procedures for designating UCCFs, 
including how information from the public comments will be incorporated 
in the authorization process. Paragraph (f) would include requirements 
for the addition or deletion of UCCFs from participation. Paragraph (g) 
would include the requirements for an Annual Progress Report that 
Utilities would have to submit to EPA, including information on the 
number of remote locations and savings reaped from participation. 
Paragraph (h) would set forth examples of the direct savings that a 
Utility would receive as a result of participation. Paragraph (i) would 
discuss grounds for termination of a Utility or UCCF's participation. 
Paragraph (j) would set forth the expiration date of the rule. 
Amendments to Parts 264, 265, and 270 would clarify that a Utility that 
opted to participate under 40 CFR 262.90 would be exempt from TSDF and 
permitting requirements.

III. Additional Information

A. Public Hearing

    After the close of the public comment period, EPA may decide to 
hold a public hearing regarding this proposed rule if a commenter 
requests such a hearing and provides a basis for holding such a 
hearing. EPA may also decide to hold a public hearing on its own 
initiative. Any public hearing will comply with 42 U.S.C. 7004(b)(1); 
40 CFR Part 25. A verbatim transcript of the public hearing, and 
written statements provided at the hearing will be available for 
inspection and copying during normal business hours at the EPA 
addresses for docket inspection given in the ADDRESSES section of this 
preamble.

B. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993) EPA must 
determine whether the regulatory action is ``significant'' and 
therefore subject to Office of Management and Budget (OMB) review and 
the requirements of the Executive Order. The Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety in State, local, or tribal governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlement, grants, 
user fees, or loan programs of the rights and obligations of recipients 
thereof; or
    ((4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Because the annualized cost of this proposed rule would be 
significantly less than $100 million and would not meet any of the 
other criteria specified in the Executive Order, it has been determined 
that this rule is not a ``significant regulatory action'' under the 
terms of Executive Order 12866, and is therefore not subject to OMB 
review.
    Executive Order 12866 also encourages agencies to provide a 
meaningful public comment period, and suggests that in most cases the 
comment period should be 60 days. However, in consideration of the very 
limited scope of today's rulemaking and the considerable public 
involvement in the development of the draft FPA, the EPA considers 30 
days to be sufficient in providing a meaningful public comment period 
for today's action.

C. Regulatory Flexibility

    The Regulatory Flexibility Act (RFA) generally requires an Agency 
to conduct a Regulatory Flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. EPA believes that in determining whether a

[[Page 67567]]

rule has a significant economic impact on a substantial number of small 
entities, the impact of concern is any significant adverse economic 
impact on small entities, since the primary purpose of the required 
analyses is to identify and address regulatory alternatives ``which 
minimize any significant economic impact of the proposed [or final] 
rule on small entities.'' 5 U.S.C. 603 and 604. Thus, EPA may certify 
as not having a significant economic impact on a substantial number of 
small entities rules that relieve regulatory burden, or otherwise have 
a positive economic effect on the small entities subject to the rule. 
EPA has concluded that today's proposed rule will relieve regulatory 
burden for all types of entities, including any affected small 
entities. Further, today's rule does not impose any requirements on any 
utility unless the utility opts to participate and receives authority 
to participate. Therefore, EPA certifies today's rule is unlikely to 
have a significant economic impact on a substantial number of small 
entities.

D. Paperwork Reduction Act

    The information collection requirements in this proposed rule have 
been submitted for approval to the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An 
Information Collection Request (ICR) document has been prepared by EPA 
(ICR No.1755.03, OMB Control No. 2010-0026) and a copy may be obtained 
from Sandy Farmer by mail at OP Regulatory Information Division; U.S. 
Environmental Protection Agency (2137); 401 M St., S.W.; Washington, DC 
20460, by e-mail at [email protected], or by calling (202) 
260-2740. A copy may also be downloaded off the internet at http://
www.epa.gov/icr.
    EPA is collecting information regarding the locations and amount of 
waste involved as well as the money saved and what the savings was 
invested in. EPA plans to use this information to determine whether the 
XL project is successful. The success of the project will help 
determine whether it should be extended to other areas of the country. 
Participation in the project is voluntary; however, if a Utility 
decides to participate, EPA requires the filing of a report containing 
pertinent information. These reports will be publicly available. The 
estimated cost burden of filing the annual report is $10,000 and the 
estimated length of time to prepare the report is 40 hours. The 
estimated number of respondents is 15. Burden means the total time, 
effort, or financial resources expended by persons to generate, 
maintain, retain, or disclose or provide information to or for a 
Federal agency. This includes the time needed to review instructions; 
develop, acquire, install, and utilize technology and systems for the 
purposes of collecting, validating, and verifying information, 
processing and maintaining information, and disclosing and providing 
information; adjust the existing ways to comply with any previously 
applicable instructions and requirements; train personnel to be able to 
respond to a collection of information; search data sources; complete 
and review the collection of information; and transmit or otherwise 
disclose the information.
    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 will 
amend the table in 40 CFR part 9 of currently approved ICR control 
numbers issued by OMB for various regulations to list the information 
requirements, if any, contained in the final rule.
    Comments are requested on the Agency's need for this information, 
the accuracy of the provided burden estimates, and any suggested 
methods for minimizing respondent burden, including through the use of 
automated collection techniques. Send comments on the ICR to the 
Director, OP Regulatory Information Division; U.S. Environmental 
Protection Agency (2137); 401 M St., S.W.; Washington, DC 20460; and to 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget, 725 17th St., N.W., Washington, DC 20503, marked 
``Attention: Desk Officer for EPA.'' Include the ICR number in any 
correspondence. Since OMB is required to make a decision concerning the 
ICR between 30 and 60 days after December 7, 1998, a comment to OMB is 
best assured of having its full effect if OMB receives it by January 6, 
1999. The final rule will respond to any OMB or public comments on the 
information collection requirements contained in this proposal.

E. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA''), 
Public Law 104-4, establishes requirements for federal agencies to 
assess the effects of their regulatory actions on state, local, and 
tribal governments and the private sector. Under section 202 of the 
UMRA, EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``federal 
mandates'' that may result in expenditures to state, local, and tribal 
governments, in the aggregate, or to the private sector, of $100 
million or more in any one year. Before promulgating an EPA rule for 
which a written statement is needed, section 205 of the UMRA generally 
requires EPA to identify and consider a reasonable number of regulatory 
alternatives and adopt the least costly, most cost-effective or least 
burdensome alternative that achieves the objectives of the rule. The 
provisions of section 205 do not apply when they are inconsistent with 
applicable law. Moreover, section 205 allows EPA to adopt an 
alternative other than the least costly, most cost-effective or least 
burdensome alternative if the Administrator publishes with the final 
rule an explanation of why that alternative was not adopted. Before EPA 
establishes any regulatory requirements that may significantly or 
uniquely affect small governments, including tribal governments, it 
must have developed under section 203 of the UMRA a small government 
agency plan. The plan must provide for notifying potentially affected 
small governments, enabling officials of affected small governments to 
have meaningful and timely input in the development of EPA regulatory 
proposals with significant federal intergovernmental mandates, and 
informing, educating, and advising small governments on compliance with 
the regulatory requirements.
    As noted above, this rule is applicable only to New York State 
Utilities. The EPA has determined that this rule contains no regulatory 
requirements that might significantly or uniquely affect small 
governments. EPA has also determined that this rule does not contain a 
federal mandate that may result in expenditures of $100 million or more 
for state, local, and tribal governments, in the aggregate, or the 
private sector in any one year. Thus, today's rule is not subject to 
the requirements of sections 202 and 205 of the UMRA.

F. RCRA/HSWA

1. Applicability of Rules in Authorized States
    Under section 3006 of RCRA, EPA may authorize qualified states to 
administer and enforce the RCRA program for hazardous waste within the 
state. (See 40 CFR Part 271 for the standards and requirements for 
authorization.) States with final authorization administer their own 
hazardous waste programs in lieu of the

[[Page 67568]]

federal program. Following authorization, EPA retains enforcement 
authority under sections 3008, 7003 and 3013 of RCRA, although 
authorized states have primary enforcement responsibility.
    After authorization, rules written under RCRA provisions that 
predate the Hazardous and Solid Waste Amendments of 1984 (HSWA) no 
longer apply in the authorized state. New federal requirements imposed 
by those rules do not take effect in an authorized state until the 
state adopts the requirements as state law.
    In contrast, under section 3006(g) of RCRA, new requirements and 
prohibitions imposed by HSWA take effect in authorized states at the 
same time they take effect in nonauthorized states. EPA is directed to 
carry out those requirements and prohibitions in authorized states 
until the state is granted authorization to do so.
2. Effect on New York State Authorization
    Today's proposed rule, if finalized, would be promulgated pursuant 
to RCRA, rather than HSWA. New York State has received authority to 
administer most of the RCRA program; thus, authorized provisions of the 
State's hazardous waste program are administered in lieu of the federal 
program. New York State has received authority to administer hazardous 
waste standards for generators. As a result, if today's proposed rule 
is finalized, it would not be effective in New York State until the 
State adopts equivalent requirements as State law. It is EPA's 
understanding that subsequent to the promulgation of this rule, New 
York State intends to propose a rule containing equivalent provisions. 
EPA may not enforce these requirements until it approves the State 
requirements as a revision to the authorized State program.

G. Applicability of Executive Order 13045

    The Executive Order, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that (1) is determined to be ``economically significant'' 
as defined under EO 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety effects of the 
planned rule on children; and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    This rule is not subject to E.O. 13045 because it is not an 
economically significant rule as defined by E.O. 12866, and because it 
does not involve decisions on environmental health or safety risks that 
may disproportionately affect children.

H. Executive Order 12875: Enhancing Intergovernmental Partnerships

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a State, local 
or tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments or EPA consults with those governments. If EPA complies by 
consulting, E.O. 12875 requires EPA to provide to the Office of 
Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected State, local and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of State, local and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.'' 
Today's proposed rule does not create a mandate on State, local or 
tribal governments. The rule does not impose any enforceable duties on 
these entities. Accordingly, the requirements of section 1(a) of 
Executive Order 12875 do not apply to this rule.

I. Executive Order 13084: Consultation and Coordination With Indian 
Tribal Governments

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments or EPA consults with those 
governments. If EPA complies by consulting, E.O. 13084 requires EPA to 
provide to the Office of Management and Budget, in a separately 
identified section of the preamble to the rule, a description of the 
extent of EPA's prior consultation with representatives of affected 
tribal governments, a summary of the nature of their concerns, and a 
statement supporting the need to issue the regulation. In addition, 
Executive Order 13084 requires EPA to develop an effective process 
permitting elected officials and other representatives of Indian tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory policies on matters that significantly or uniquely affect 
their communities.'' Today's proposed rule does not significantly or 
uniquely affect the communities of Indian tribal governments. 
Accordingly, the requirements of section 3(b) of Executive Order 13084 
do not apply to this rule.

J. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Pub L. 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 standard. This 
proposed rulemaking does not involve technical standards. Therefore, 
EPA is not considering the use of any voluntary consensus standards. 
EPA welcomes comments on this aspect of the proposed rulemaking and, 
specifically, invites the public to identify potentially-applicable 
voluntary consensus standards and to explain why such standards should 
be used in this regulation.

List of Subjects

40 CFR Part 262

    Environmental protection, Hazardous materials transportation, 
Hazardous waste, Packaging and containers, Reporting and recordkeeping 
requirements.

40 CFR Part 264

    Environmental protection, Hazardous waste, Packaging and 
containers, Reporting and recordkeeping requirements.

40 CFR Part 265

    Environmental protection, Hazardous waste, Packaging and 
containers,

[[Page 67569]]

Reporting and recordkeeping requirements.

40 CFR Part 270

    Environmental protection, Hazardous waste, Recordkeeping 
requirements.

    Dated: November 30, 1998.
Carol M. Browner,
Administrator.
    For the reasons set forth in the preamble, parts 262, 264, 265, and 
270 of title 40 of the Code of Federal Regulations are proposed to be 
amended as follows:

PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

    1. The authority citation for part 262 continues to read as 
follows:

    Authority: 42 U.S.C. 6906, 6912, 6922-6925, 6937, and 6938.

    2. Subpart I consisting of Sec. 262.90 is added to read as follows:


262.90  Project XL for Public Utilities in New York State.

    (a) The following definitions apply to this section:
    (1) A Utility is any company that operates wholesale and/or retail 
oil and gas pipelines, or any company that provides electric power or 
telephone service and is regulated by New York State's Public Service 
Commission or the New York Power Authority.
    (2) A right-of-way is a fixed, integrated network of aboveground or 
underground conveyances, including land structures, fixed equipment, 
and other appurtenances, controlled or owned by a Utility, and used for 
the purpose of conveying its products or services to customers.
    (3) A remote location is a location in New York State within a 
Utility's right-of-way network that is not permanently staffed.
    (4) A Utility's central collection facility (UCCF) is a Utility-
owned facility within the Utility's right-of-way network to which 
hazardous waste, generated by the Utility at its remote locations, is 
brought for storage and, if necessary, waste analysis.
    (b) A UCCF designated pursuant to paragraph (e) of this section may 
accumulate hazardous waste (with the exception of mixed waste) 
generated by that Utility at its remote locations for up to 90 days 
without a permit or without having interim status, provided that:
    (1) The Utility complies with all applicable requirements for 
generators in 40 CFR Part 262 (except Sec. 262.34 (d) through (f)) for 
hazardous waste generated at its remote locations and at the UCCF, 
including the manifest and pretransport requirements for all shipments 
greater than 100 kilograms sent from a remote location to a UCCF.
    (2) The Utility removes the hazardous waste from the remote 
location immediately after the generation event has ended.
    (3) The Utility complies with all applicable requirements for 
transporters in 40 CFR Part 263 for each shipment of hazardous waste 
greater than 100 kilograms which is sent from remote location to the 
UCCF, and all applicable Department of Transportation requirements.
    (4) All hazardous waste generated at each remote location and 
shipped to the UCCF is accumulated at the UCCF in accordance with 40 
CFR 262.34 (a) through (c), regardless of the total quantity generated 
or accumulated per calendar month.
    (5) The Utility submits a biennial report in accordance with 40 CFR 
262.41 including all hazardous waste shipped from remote locations to 
the UCCF. This UCCF biennial report may be submitted in lieu of 
submitting a biennial report for each remote location. However, for 
hazardous waste generated at a particular remote location that exceeds 
1000 kg per calendar month and that is not sent to the UCCF, the 
Utility must submit a separate biennial report.
    (6) Waste generated at a remote location that is not sent to a UCCF 
is managed according to the requirements of Parts 260 through 270 of 
this chapter.
    (7) The Utility maintains records at the UCCF in accordance with 
all the recordkeeping requirements set forth in Subpart D of 40 CFR 
part 262, including 40 CFR 262.40, and maintains records on any PCB 
test results for hazardous wastes brought to the facility from remote 
locations.
    (8) The UCCF obtains an EPA identification number.
    (9) The UCCF receives hazardous waste only from a remote location.
    (10) The Utility reinvests at least one-third of the direct savings 
described in paragraph (h) of this section in one or more 
environmentally beneficial projects, such as remediation or pollution 
prevention, that are over and above existing legal requirements and 
that have not been initiated prior to the Utility's authorization to 
manage hazardous waste pursuant to this section.
    (c) Utilities seeking to have UCCFs designated under paragraph (e) 
of this section must comply with the following requirements:
    (1) Any New York State Utility seeking authority to accumulate 
hazardous waste under this section must notify local governments and 
communities of the Utility's intent to designate specific UCCFs.
    (2) In carrying out paragraph (c)(1) of this section, the Utility 
must solicit public comment. In soliciting public comment, the Utility 
must use the notice method set forth in paragraph (c)(2)(i) of this 
section, as well as at least two of the methods set forth in paragraphs 
(c)(2)(ii) through (vii) of this section.
    (i) A public notice in a newspaper of general circulation within 
the area in which each proposed UCCF is located;
    (ii) A radio announcement in each affected community during peak 
listening hours;
    (iii) Mailings to all citizens within a five-mile radius of 
proposed UCCF;
    (iv) Well-publicized community meetings;
    (v) Presentations to the local community board;
    (vi) Placement of copies of this section and the Final Project 
Agreement that explains the regulatory relief outlined in this section 
in the local library nearest the proposed UCCF, and inclusion of the 
name and address of the library in the newspaper notice; and
    (vii) Placement of copies of this section and the Final Project 
Agreement that explains the regulatory relief outlined in this section 
on the Utility's web site, and inclusion of the web site's address in 
the newpaper notice.
    (3) All outreach efforts made under paragraph (e)(2) of this 
section shall be prepared in English (and any other language spoken by 
a large number of persons in the community of concern) and at a minimum 
shall include the following information:
    (i) A brief description of the XL project, the intended new use of 
the facility, and a request for comments on the proposed UCCF.
    (ii) The name, if any, and address of the proposed UCCF and its 
current status under the RCRA Subtitle C program.
    (iii) The intended duration of use of the UCCF under the 
requirements of this section.
    (iv) Names, addresses, and telephone numbers of contact persons, 
representing the Utility, to whom questions or comments may be 
directed.
    (v) Notification of when the comment period of no less than 30 days 
will close.
    (4) The Utility must submit copies of each notice, announcement or 
mailing directly to local governments and to the EPA officials 
identified in paragraph (d) of this section.
    (5) At the close of the comment period, the Utility shall prepare a

[[Page 67570]]

Responsiveness Package containing a summary of public outreach efforts, 
all comments and questions received as a result of its outreach 
efforts, and the Utility's written responses to all comments and 
questions. The Utility shall provide copies of its Responsiveness 
Package to any citizens that participated in the public notice process, 
local governments and the EPA officials identified in paragraph (d) of 
this section.
    (d) Upon completion of the public notice procedures described in 
paragraph (c) of this section, the Utility must provide written notice 
to the Director, Division of Enforcement and Compliance Assistance at 
EPA-Region II of its intent to participate. The Notice of Intent must 
contain the following information:
    (1) The name of the Utility, corporate address, and corporate 
mailing address, if different.
    (2) The name, mailing address, and telephone number of a corporate-
level contact person to whom communications and inquiries may be 
directed. This contact person may be changed by notifying EPA.
    (3) A list of the names, addresses, and EPA identification numbers 
of all Utility-owned facilities in New York State that are proposed 
UCCFs and the names and telephone numbers of a designated contact 
person at each facility.
    (4) A summary of public outreach efforts undertaken pursuant to 
paragraph (c) of this section.
    (5) A commitment that one-third of the direct cost savings outlined 
in paragraph (h) of this section due to project participation will be 
reinvested in one or more environmentally beneficial projects which are 
over and above existing legal requirements and which have not been 
initiated prior to the Utility's authorization to manage hazardous 
waste pursuant to this section.
    (6) An acknowledgment that the signatory is personally familiar 
with the terms and conditions of this section and has the authority to 
obligate and does obligate the Utility to comply with all such terms 
and conditions. The Utility shall comply with the signatory 
requirements set forth in 40 CFR 270.11(a)(1).
    (e) The procedures for designating UCCFs are as follows:
    (1) Subject to paragraphs (e) (2) through (4) of this section, the 
Utility and specified UCCF shall be authorized to comply with the 
requirements set forth in paragraph (b) of this section upon the 
receipt of written acknowledgment from EPA that the Notice of Intent 
described in paragraph (d) of this section has been received and found 
to be complete and in compliance with all the requirements set forth in 
paragraph (d) of this section. This acknowledgment will state whether 
the UCCF has been designated under this section.
    (2) Based on information provided and comments received during or 
after the public notice and comment period, designated UCCFs may be 
rejected for the proposed use, or, if EPA determines that acceptance 
for the proposed use under the conditions of paragraph (b) of this 
section may not fully protect human health and the environment based on 
the Utility's compliance history or other appropriate factors, the 
acknowledgment may impose conditions in addition to those in paragraph 
(b) of this section.
    (3) If EPA determines that a site-specific informational public 
meeting is warranted prior to determining the acceptability of a 
designated UCCF, the acknowledgment will so state.
    (4) Subsequent to any public meeting, EPA may reject or prohibit 
UCCFs from participating in this project based on information provided 
or comments received during or after the public notice process or based 
on a determination that acceptance for the proposed use under the 
conditions of paragraph (b) of this section may not fully protect human 
health and the environment based on the Utility's compliance history or 
other appropriate factors.
    (f) At any time, a Utility may add or remove UCCF designations by 
complying with the following requirements:
    (1) A Utility may notify EPA of its intent to designate additional 
UCCFs. Such a notification shall be submitted to, and processed by, 
EPA, in the manner indicated in paragraphs (d) and (e) of this section.
    (2) To have one or more additional UCCFs designated, the Utility 
must comply with paragraph (c) of this section.
    (3) A Utility can discontinue use of a facility as a UCCF by 
notifying EPA in writing.
    (g) Each Utility authorized to accumulate hazardous waste pursuant 
to this section shall submit an Annual Progress Report with the 
following information for the preceding year:
    (1) The number of remote locations statewide for which hazardous 
waste was handled in accordance with paragraph (b) of this section.
    (2) The total tonnage of hazardous waste generated at such remote 
locations statewide.
    (3) The number of remote locations statewide that generated in 
excess of l,000 kilograms of hazardous waste during a generation event.
    (4) The number of remote locations statewide that generated between 
l00 and l,000 kilograms of hazardous waste during a generation event.
    (5) An estimate of the monetary value, on a Utility-wide basis, of 
the direct savings realized by participation in this project. Direct 
savings at a minimum include those outlined in paragraph (h) of this 
section.
    (6) Descriptions of the environmental compliance, remediation, or 
pollution prevention projects or activities into which the savings, 
described in paragraph (h) of this section, have been reinvested, with 
an estimate of the savings reinvested in each. Any such projects must 
consist of activities that are over and above existing legal 
requirements and that have not been initiated prior to the Utility's 
authorization to manage hazardous waste pursuant to this section.
    (7) The addresses and EPA identification numbers for all facilities 
that served as UCCFs for hazardous waste from remote locations.
    (h) Utilities authorized to accumulate hazardous waste pursuant to 
this section must assess the direct savings realized as a result. Cost 
estimates shall include direct savings based on relief from any of the 
following requirements which the facility expects to be relieved from 
due to compliance with the provisions of this section:
    (1) Database management for each remote location as an individual 
generator;
    (2) Biennial Report preparation costs;
    (3) Part B permit application costs;
    (4) Closure plan preparation costs;
    (5) P.E. certification of closure;
    (6) Financial assurance costs;
    (7) Annual state TSD operating fee;
    (8) TSD corrective action liability costs (e.g.--RFA preparation, 
etc.); and/or
    (9) Cost savings realized from consolidation of waste for 
economical shipment (including no longer shipping waste directly to a 
TSD from remote locations)
    (i) If any UCCF or Utility authorized under this section fails to 
comply with any of the requirements of this section, EPA may terminate 
or suspend the UCCF's or Utility's authorization. EPA will provide a 
UCCF or Utility with 15 days written notice of its intent to terminate 
or suspend authorization. During this period, the UCCF will have the 
opportunity to come back into compliance or provide a written 
explanation as to why it was not in

[[Page 67571]]

compliance with the terms of this section and how it will come back 
into compliance. If EPA then issues a written notice terminating or 
suspending authorization, the Utility must take immediate action to 
come into compliance with all otherwise applicable federal 
requirements. EPA or NYSDEC may also take enforcement action against a 
Utility for non-compliance with the provisions of this section.
    (j) This section will expire on [DATE FIVE YEARS FROM EFFECTIVE 
DATE OF FINAL RULE].

PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE 
TREATMENT, STORAGE, AND DISPOSAL FACILITIES

    1. The authority citation for part 264 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6924, and 6925.

    2. Section 264.1 is amended by adding paragraph (g)(12) to read as 
follows:


Sec. 264.1  Purpose, scope and applicability.

* * * * *
    (g) * * *
    (12) A New York State Utility central collection facility 
accumulating hazardous waste in accordance with 40 CFR 262.90.
* * * * *

PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF 
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

    1. The authority citation for part 265 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925, 
6935, 6936 and 6937.

    2. Section 265.1 is amended by adding paragraph (c)(15) to read as 
follows:


Sec. 265.1  Purpose, scope, and applicability.

* * * * *
    (c) * * *
    (15) A New York State Utility central collection facility 
accumulating hazardous waste in accordance with 40 CFR 262.90.
* * * * *

PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE 
PERMIT PROGRAM

    1. The authority citation for part 270 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and 
6974.

    2. Section 270.1 is amended by adding paragraph (c)(2)(ix) to read 
as follows:


Sec. 270.1  Purpose and scope of these regulations.

* * * * *
    (c) * * *
    (2) * * *
    (ix) A New York State Utility central collection facility 
accumulating hazardous waste in accordance with 40 CFR 262.90.
* * * * *
[FR Doc. 98-32425 Filed 12-4-98; 8:45 am]
BILLING CODE 6560-50-P