[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]
BILLING CODE 6560-50-P