[Federal Register Volume 64, Number 242 (Friday, December 17, 1999)]
[Proposed Rules]
[Pages 70666-70669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32074]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 243

[FRL 6505-7]
RIN 2050-AE66


Revisions to Guidelines for the Storage and Collection of 
Residential, Commercial, and Institutional Solid Waste

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency is proposing to revise 
Guidelines for the Storage and Collection of Residential, Commercial, 
and Institutional Solid Waste through incorporation by reference of new 
voluntary consensus standards from the American National Standards 
Institute (ANSI). We are proposing this revision in response to a 
petition for rulemaking submitted by the Waste Equipment Technology 
Association requesting the Agency to update the references to ANSI 
standards. This proposed revision would assure that the Guidelines 
include references to the most current national safety standards.
    In the final rules Section of today's Federal Register, we are 
promulgating this amendment as a final rule without a prior proposal 
because we view this as a noncontroversial action that encourages the 
use of voluntary consensus standards. Thus, we anticipate no adverse 
comments. A detailed rationale for the amendment is set forth in the 
preamble to the accompanying direct final rule. If no adverse comments 
are received in response to this action, we plan no further action 
regarding this proposed rule as the accompanying direct final rule will 
be effective. If we receive relevant adverse comments, we will withdraw 
the final rule and we will address public comments received a 
subsequent final rule based on this proposed rule. We will not 
institute a second comment period on this action.

DATES: Comments on this proposed rule must be received on or before 
January 18, 2000. A relevant adverse comment will be considered to be 
any comment substantively criticizing the proposal on a basis not 
already provided to EPA in comment.

ADDRESSES: Commenters must send an original and two copies of their 
comments referencing docket number F-99-COLF-FFFFF to: (1) If using 
regular US Postal Service mail: RCRA Docket Information Center, Office 
of Solid Waste (5305G), U.S. Environmental Protection Agency 
Headquarters (EPA, HQ), 401 M Street, SW, Washington, DC 20460-0002, or 
(2) if using special delivery, such as overnight express service: RCRA 
Docket Information Center (RIC), Crystal Gateway One, 1235 Jefferson 
Davis Highway, First Floor, Arlington, VA 22202. 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-99-COLF-FFFFF and must be submitted as an ASCII file avoiding 
the use of special characters and any form of encryption.
    Commenters should not submit electronically any confidential 
business information (CBI). 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 20460-0002.
    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. The index and some supporting 
materials are available electronically. See the ``Supplementary 
Information'' section for information on accessing them.

FOR FURTHER INFORMATION CONTACT: 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.
    For more detailed information on specific aspects of this 
rulemaking, contact Dwight Hlustick, Office of Solid Waste 5306W, U.S. 
Environmental Protection Agency, 401 M Street, SW, Washington, DC 
20460-0002, 703 308-8647, [email protected].

SUPPLEMENTARY INFORMATION: The index for the supporting materials is 
available on the Internet at <http://www.epa.gov/epaoswer/non-hw/
muncpl/equip/>.
    The following supporting materials are available for viewing in the 
RCRA Information Center (RIC):
    Petition for Rulemaking--Proposed Modification to the Requirements 
and Recommended Procedures for Solid Waste Collection Equipment (40 CFR 
Part 243), submitted to Robert Dellinger and Larry Starfield (US EPA), 
submitted from Waste Equipment Technology Association, March 24, 1997.
    Mobile Refuse Collection and Compaction Equipment--Safety 
Requirements, 1992, American National Standards Institute, ANSI Z245.1-
1992.
    Stationary Compactors--Safety Requirements, 1997, American National 
Standards Institute, ANSI Z245.2-1997.
    Waste Containers--Safety Requirements, 1994, American National 
Standards Institute, ANSI Z245.30-1994.
    Waste Containers--Compatibility Dimensions, 1996, American National 
Standards Institute, ANSI Z245.60-1996.
    You can find these materials at the official record for this action 
will be kept in paper form. Accordingly, EPA will transfer all comments 
received electronically into paper form and place them in the official 
record, which will also include all comments submitted directly in 
writing. The official record is the paper record maintained at the 
address in ADDRESSES at the beginning of this document.
    EPA responses to comments, whether the comments are written or 
electronic, will be in a notice in the Federal Register or in a 
response to comments document placed in the official record for this 
rulemaking. EPA will not immediately reply to commenters electronically 
other than to seek clarification of electronic comments that may be 
garbled in transmission or during conversion to paper form, as 
discussed above.
    Regulated Entities. Entities potentially affected by this action 
are public or private owners or operators of solid waste collection and 
transport equipment. Affected categories and entities include the 
following.

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                                                Examples of affected
                 Category                             entities
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Federal government........................  Agencies procuring waste
                                             services.
Industry..................................  Owners or operators of solid
                                             waste collection services.
Municipal and tribal governments..........  Owners or operators of solid
                                             waste collection services.
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[[Page 70667]]

    This table is a guide for readers that describes which entities are 
likely to be affected by this action. It lists the types of entities 
EPA is now aware could potentially be impacted by today's action. It is 
possible that other types of entities not listed in the table could 
also be affected. To determine whether you would be impacted by this 
action, you should carefully examine the applicability criteria. If you 
have questions about whether this action applies to a particular 
facility, please consult Mr. Dwight Hlustick, U. S. Environmental 
Protection Agency, Office of Solid Waste (5306W), 401 M Street, SW, 
Washington, DC 20460, (703) 308-8647, HLUSTICK [email protected]

Preamble Outline

I. Under what authority is EPA proposing this rule?
II. What is the background for this proposed rule?
III. What will this proposed rule do?
IV. How does this proposed rule comply with applicable statutes and 
executive orders?
    A. Executive Order 12866 (OMB Review):
    B. Regulatory Flexibility Act
    C. Unfunded Mandates Reform Act
    D. Paperwork Reduction Act
    E. Executive Order 12875: Enhancing the Intergovernmental 
Partnership
    F. Executive Order 13084: Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children from 
Environmental Risks and Safety Risks
    H. National Technology Transfer and Advancement Act of 1995
    I. Executive Order 12898: Environmental Justice
    J. Executive Order 12088 (Compliance of Federal Agencies with 
the Solid Waste Disposal Act):

I. Under What Authority Is EPA Proposing This Rule?

    The Agency is proposing these guidelines under the authority of 
Sections 1008(a)(3), 2002(a)(1), and 4004(a) of the Resource 
Conservation and Recovery Act (RCRA), as amended, 42 U.S.C. 6907(a)(3), 
6912(a)(1), and 6944(a).

II. What Is the Background for This Proposed Rule?

    EPA promulgated the Part 243--Guidelines for the Storage and 
Collection of Residential, Commercial, and Institutional Solid Waste in 
1976. In 40 CFR 243.202-1(d), these guidelines referenced safety 
standards that had been established as consensus standards. The 
reference was to American National Standards Institute (ANSI ) standard 
Z245.1--Safety Standards for Refuse Collection Equipment.
    ANSI's current policy is to revise each standard every five years. 
This means that the safety standards referenced in 40 CFR 243.202-1(d) 
have been revised since 1976.
    The original safety standard referenced in the 1976 guideline has 
been expanded in scope. In 1976, ANSI Z245.1 covered the following 
types of collection equipment;
    (1) Rear-loading compaction equipment,
    (2) Side-loading compaction equipment,
    (3) Front-loading compaction equipment,
    (4) Tilt-frame equipment,
    (5) Hoist-type equipment,
    (6) Satellite vehicles,
    (7) Special collection compaction equipment, and
    (8) Stationary compaction equipment.
    Now Z245.1 has evolved into the following series of four separate 
standards.
    (1) Z245.1--Mobile Refuse Collection and Compaction Equipment--
Safety Requirements;
    a. Front-loading equipment,
    b. Rear-loading equipment,
    c. Satellite vehicles
    d. Side-loading equipment,
    e. Tilt-frame and hoist-type equipment,
    f. Mechanized container collecting vehicles,
    g. Recycling vehicles, and
    h. Transfer trailers;
    (2) Z245.2--Stationary Compactors--Safety Requirements;
    (3) Z245.3--Waste Containers--Safety Requirements; and
    (4) Z245.6--Waste Containers--Compatibility Dimensions.
    In this notice, EPA is proposing to revise the Part 243 guidelines 
to incorporate the above four standards. Each type of equipment covered 
in the original guideline would still be covered in these proposed 
revisions. In addition, EPA has proposed to add voluntary consensus 
standards for waste containers which did not exist at the time of the 
original rulemaking.
    The waste container standards were added because waste containers 
are an integral part of most waste collection systems.
    The petitioners also requested that balers be included in this 
regulation. Although they are an important part of some waste 
collection systems, they are not an integral part of many waste 
collection systems and they were not included in the original 
regulation. There may also be some question whether balers should be 
considered part of a waste collection system. Therefore, EPA is not 
including standards for balers in this proposed rule.

III. What Does This Proposed Rule Do?

Overview of This Proposed Rule

    This proposed rule would change three sections; Secs. 243.100, 
243.200-1, and 243.202-1. The changes are to be made through 
incorporation by reference. All of the proposed changes are to be made 
in the ``Requirements'' sections of the guideline. ``Requirements'' are 
minimum levels of performance that solid waste collection operations 
are required to meet. These guidelines are mandatory for Federal 
agencies and recommended to State, interstate, regional, and local 
governments for their activities.

Specific Changes Proposed

    The proposed rule would change Sec. 243.100 paragraphs (c) and (g) 
update references to an Executive Order. The current regulations refer 
to Executive Order 11752. That Executive Order would be replaced by 
Executive Order 12088. Today's proposed rule would change the text to 
refer to the new Executive Order 12088.
    The proposed changes to Sec. 243.200-1 would add a new paragraph 
(e). The new paragraph (e) adds the Safety Requirements and 
Compatibility Dimensions to the Waste Containers requirement of the 
guidelines. These guidelines address requirements for waste containers 
used for storage of solid waste and for materials that have been 
separated for the purpose of recycling.
    The proposed change to Sec. 243.202-1 would update the safety 
requirements for both mobile equipment and stationary compactors. The 
safety requirements for mobile equipment are updated from the 1976 
standards to new standards finalized in 1992. The safety requirements 
for stationary compactors are updated from the 1976 standards to new 
standards finalized in 1997. The safety requirements are applicable to 
many types of solid waste collection vehicles and to stationary 
compactors.

Why EPA Wants To Make These Proposed Changes

    We are making these changes at the request of Waste Equipment 
Technology Association to modify the ANSI standards because we believe 
the newer standards have a number of improved safety provisions. For 
example, the updated standards require the use of grab handles, riding 
steps, and slip resistant surfaces on loading platforms. Therefore, we 
believe, that if the industry follows these new standards,

[[Page 70668]]

the accident rate for solid waste collection industry should be 
reduced. These features should reduce risks both to people who collect 
solid waste as well as to the general public.

IV. How Does This Proposed Rule Comply With Applicable Statutes and 
Executive Orders?

A. Executive Order 12866 (OMB Review)

    Under Executive Order 12866, EPA must determine whether a 
regulatory action is significant and therefore subject to OMB review 
and the other provisions of the Executive Order. A significant 
regulatory action is defined by Executive Order 12866 as one 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, or 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 entitlements, grants, user fees, or loan 
programs or rights and obligations or 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 Executive Order 
12866.
    We have determined that this proposed rule would not be a 
significant regulatory action under the terms of Executive Order 12866 
and is therefore not subject to OMB review.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended 
by the Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA), generally requires an agency to prepare, and make available 
for public comment, a regulatory flexibility analysis that describes 
the impact of a proposed or final rule on small entities (i.e., small 
businesses, small organizations, and small governmental jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
an agency certifies the rule will not have a significant adverse impact 
on a substantial number of small entities.
    SBREFA amended the Regulatory Flexibility Act to require Federal 
agencies to provide a statement of the factual basis for certifying 
that a rule will not have a significant economic impact on a 
substantial number of small entities. The following discussion explains 
EPA's determination.
    The effect of this proposed rule is to encourage purchasers of 
waste containers and solid waste collection vehicles to procure 
equipment that meets current industry voluntary consensus standards for 
safety. This proposed rule contains recommendations, not requirements, 
to State and local governments; therefore, it would not impose new 
burdens on small entities. Additionally, it is the Agency's 
understanding that all new solid waste collection equipment meets the 
current ANSI standards. As a result, this proposed rule would not 
impose new burdens on small entities. Therefore, pursuant to 5 U.S.C. 
605b, I hereby certify that this proposed rule will not have a 
significant adverse impact on a substantial number of small entities. 
Hence, this proposal does not require a regulatory flexibility 
analysis.

C. 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 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 alternatives and adopt the least 
costly, most cost effective or least burdensome alternative that 
achieves the objective 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 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.
    EPA's analysis of compliance with the Unfunded Mandates Reform Act 
of 1995 found that this proposed rule imposes no enforceable duty on 
any State, local or tribal governments or the private sector. Thus, 
today's proposed rule is not subject to the requirements of sections 
202 and 205 of UMRA. States are encouraged to participate in the 
development of voluntary consensus standards such as the ones 
referenced in this proposed rule.

D. Paperwork Reduction Act

    Today's proposal is in compliance with the Paperwork Reduction Act, 
44 U.S.C. 3501 et seq. We found that no information is being collected 
from the States, Federal Agencies, or industry for the existing rule 
and this proposal would not require the collection of any additional 
information. Therefore, we do not need to prepare an Information 
Collection Request (ICR).

E. Executive Order 13132 (Federalism)

    Exeuctive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an acocuntable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``sustantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.'' Under 
Executive Order 13132, EPA may not issue a regulation that has 
federalism implications, that imposes substantial direct compliance 
costs, and that is not required by statute, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by State and local governments, or EPA consults with 
State and local officials early in the process of developing the 
proposed regulation. EPA also may not issue a regulation that has 
federalism implications and that preempts State law unless the Agency 
consults with State and local officials early in the process of 
developing the proposed regulation.
    If EPA complies by consulting, Executive Order 13132 requires EPA 
to provide to the Office of Management and Budget (OMB), in a 
separately identified section of the preamble to the rule, a federalism 
summary impact statement (FSIS). The FSIS must include

[[Page 70669]]

a description of the extent of EPA's prior consultation with State and 
local officials, a summary of the nature of their concerns and the 
agency's position supporting the need to issue the regulation, and a 
statement of the extent to which the concerns of State and local 
officials have been met. Also, when EPA transmits a draft final rule 
with federalism implications to OMB for review pursuant to Executive 
Order 12866, EPA must include a certification from the agency's 
Federalism Official stating that EPA has met the requirements of 
Executive Order 13132 in a meaningful and timely manner.
    This proposed rule will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132. 
This is so because the incorporation of these revised ANSI standards 
into the Part 243 guidelines imposes no mandate on states or local 
governments. Instead, we provide the Part 243 guidelines only as 
recommendations for states, interstate, regional, and local 
governments. Part 243 sets forth requirements only for federal 
agencies. See 40 CFR section 431.100(c). Thus, the requirements of 
section 6 of the Executive Order do not apply to this rule.

F. 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, Executive Order 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 change would not significantly or uniquely 
affect the communities of Indian tribal governments. The impact of 
these revisions on tribal governments would be minimal and no different 
from any other governmental entity affected. These revisions do not 
require any new mandates for the tribes, but merely update existing 
voluntary standards. Accordingly, the requirements of section 3(b) of 
Executive Order 13084 do not apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (applies to any rule that: (1) Is 
determined to be ``economically significant'' as defined under E.O. 
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 proposed 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 would not affect decisions involving the environmental health or 
safety risks to children.

H. National Technology Transfer and Advancement Act of 1995

    Under Section 12(d) of the National Technology Transfer and 
Advancement Act (NTTAA), EPA is required to use voluntary consensus 
standards in its regulatory activities unless to do so would be 
inconsistent with applicable law or otherwise impractical.
    This proposed rule would comply with the requirements of the NTTAA 
because it utilizes voluntary consensus standards developed by the 
American National Standards Institute (ANSI). The ANSI is a voluntary 
consensus standards-setting body under the NTTAA.

I. Executive Order 12898: Environmental Justice

    Under Executive Order 12898, ``Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations,'' as well as through EPA's April 1995, ``Environmental 
Justice Strategy, OSWER Environmental Justice Task Force Action Agenda 
Report,'' and National Environmental Justice Advisory Council, EPA has 
undertaken to incorporate environmental justice into its policies and 
programs. EPA is committed to addressing environmental justice 
concerns, and is assuming a leadership role in environmental justice 
initiatives to enhance environmental quality for all residents of the 
United States. The Agency's goals are to ensure that no segment of the 
population, regardless of race, color, national origin, or income, 
bears disproportionately high and adverse human health and 
environmental effects as a result of EPA's policies, programs, and 
activities, and all people live in clean and sustainable communities.
    The Agency believes that today's proposed rule change which would 
revise voluntary consensus standards into guidelines for waste 
containers and solid waste collection vehicles would not have an 
adverse environmental or economic impact on any minority or low-income 
group, or on any other type of affected community since these standards 
would not significantly affect the location of any solid waste 
collection facility. These are updated safety standards to assure 
minimal safety requirements for waste collection equipment.

J. Executive Order 12088

    (Compliance of Federal Agencies with the Solid Waste Disposal Act)
    Executive Order 12088 requires each head of a Federal Agency to 
comply with standards issued under several laws, including the Solid 
Waste Disposal Act. Executive Order 12088 revoked an older Executive 
Order 11752. Part 243 included two outdated references to Executive 
Order 11752 at Sec. 243.100(c) and (g). Today's proposed rule would 
replace the old references to Executive Order 11752 with Executive 
Order 12088.

List of Subjects in 40 CFR Part 243

    Environmental protection, Government property, Incorporation by 
reference, Waste treatment and disposal.

    Dated: December 3, 1999.
Carol M. Browner,
Administrator.
[FR Doc. 99-32074 Filed 12-16-99; 8:45 am]
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