1EPA Managing Used Oil Advice for Small Businesses T · · 2005-06-13Managing Used Oil Advice for Small Businesses United States ... 9346.Small businesses should also refer to EPA’s

• Waste oil that is bottomclean-out waste fromvirgin fuel storage tanks,virgin fuel oil spillcleanups, or other oilwastes that have notactually been used

• Products such asantifreeze and kerosene

• Vegetable and animaloil, even when used as alubricant

• Petroleum distillatesused as solvents

Oils that do not meet EPA’sdefinition of used oil can stillpose a threat to the environ-ment when disposed of andcould be subject to the RCRAregulations for hazardouswaste management.

Managing Used OilAdvice for Small Businesses

United States Environmental Protection Agency

EPA530-F-96-004November 1996

1EPA

Solid Wasteand Emergency Response(5305W)

• Synthetic oil—usuallyderived from coal, shale,or polymer-basedstarting material

• Engine oil—typicallyincludes gasoline anddiesel engine crankcaseoils and piston-engineoils for automobiles,trucks, boats, airplanes,locomotives, and heavyequipment

• Transmission fluid• Refrigeration oil• Compressor oils• Metalworking fluids and

oils• Laminating oils• Industrial hydraulic fluid• Copper and aluminum

wire drawing solution• Electrical insulating oil• Industrial process oils• Oils used as buoyants

This list does not include alltypes of used oil.

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TT””his fact sheet contains valuable information for businesses such as service stations,fleet maintenance facilities, and “quick lube” shops that generate and handle used oil.It summarizes the U.S. Environmental Protection Agency’s (EPA’s) used oil manage-

ment standards—a set of “good housekeeping” requirements for used oil handlers. Theserequirements are detailed in Title 40 of the Code of Federal Regulations (CFR) Part 279.For a complete understanding of these standards, contact the RCRA Hotline at 800 424-9346. Small businesses should also refer to EPA’s Emergency Response Division’sInformation Line at 202 260-2342 for information on how to manage spills.

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EEPA’s regulatory definition of used oil is as follows: Used oil is any oil that has beenrefined from crude oil or any synthetic oil that has been used and as a result of suchuse is contaminated by physical or chemical impurities.

Simply put, used oil is exactly what its name implies—any petroleum-based or synthetic oilthat has been used. During normal use, impurities such as dirt, metal scrapings, water, orchemicals can get mixed in with the oil, so that in time the oil no longer performs well.Eventually, this used oil must be replaced with virgin or re-refined oil to do the job at hand

EPA’s used oil management standards include a three-pronged approach to determine if asubstance meets the definition of used oil. To meet EPA’s definition of used oil, a substancemust meet eac h of the f ollo wing three criteria :

Origin —the first criterion for identifying used oil is based on the origin of the oil. Used oilmust have been refined from crude oil or made from synthetic materials. Animal andvegetable oils are excluded from EPA’s definition of used oil.

Use—the second criterion is based on whether and how the oil is used. Oils used aslubricants, hydraulic fluids, heat transfer fluids, buoyants, and for other similar purposesare considered used oil. Unused oil such as bottom clean-out waste from virgin fuel oilstorage tanks or virgin fuel oil recovered from a spill, do not meet EPA’s definition ofused oil because these oils have never been “used.” EPA’s definition also excludesproducts used as cleaning agents or solely for their solvent properties, as well ascertain petroleum-derived products like antifreeze and kerosene.

Contaminants —the third criterion is based on whether or not the oil is contaminatedwith either physical or chemical impurities. In other words, to meet EPA’s definition,used oil must become contaminated as a result of being used. This aspect of EPA’sdefinition includes residues and contaminants generated from handling, storing,and processing used oil. Physical contaminants could include metal shavings,sawdust, or dirt. Chemical contaminants could include solvents, halogens, orsaltwater.

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OOnce oil has been used, it can be collected, recycled, and usedover and over again. An estimated 380 million gallons ofused oil are recycled each year. Recycled used

oil can sometimes be used again for the same jobor can take on a completely different task. Forexample, used motor oil can be re-refined andsold at the store as motor oil or processed forfurnace fuel oil. Aluminum rolling oils also canbe filtered on site and used over again.

2 Printed on paper that contains at least 20 percent postconsumer fiber.

Used oil can be recycled in the following ways:

● Reconditioned on site, which involvesremoving impurities from the used oil and usingit again. While this form of recycling might notrestore the oil to its original condition, it doesprolong its life.

● Inserted into a petroleum refinery, whichinvolves introducing used oil as a feedstockinto either the front end of the process or the

coker to produce gasoline and coke.

● Re-refined, which involves treating used oil toremove impurities so that it can be used as a base

stock for new lubricating oil. Re-refining prolongs the life ofthe oil resource indefinitely. This form of recycling is thepreferred option because it closes the recycling loop byreusing the oil to make the same product that it was whenit started out, and therefore uses less energy and lessvirgin oil.

● Processed and burned for energy recovery, whichinvolves removing water and particulates so that usedoil can be burned as fuel to generate heat or to powerindustrial operations. This form of recycling is not aspreferable as methods that reuse the material because itonly enables the oil to be reused once. Nonetheless,valuable energy is provided (about the same asprovided by normal heating oil).

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TThe following paragraphs describe different types ofbusinesses that handle used oil.

● Generators are businesses that handle used oil throughcommercial or industrial operations or from themaintenance of vehicles and equipment. Generators arethe largest segment of the used oil industry. Examplesof common generators are car repair shops, servicestations, quick lube shops, government motorpools,grocery stores, metal working industries, and boatmarinas. Farmers who produce less than an average of25 gallons of used oil per month are excluded fromgenerator status. Individuals who generate used oilthrough the maintenance of their personal vehicles andequipment are not subject to regulation under the usedoil management standards.

● Collection centers and aggregation points arefacilities that accept small amounts of used oil and storeit until enough is collected to ship it elsewhere forrecycling. Collection centers typically accept used oilfrom multiple sources that include both businesses andindividuals. Aggregation points collect oil only fromplaces run by the same owner or operator and fromindividuals.

● Transporters are companies that pick up used oil fromall sources and deliver it to re-refiners, processors, orburners. Transfer facilities include any structure or areawhere used oil is held for longer than 24 hours, but notlonger than 35 days. Examples of transfer facilities areloading docks and parking areas.

● Re-refiners and processors are facilities that blend orremove impurities from used oil so that it can be burnedfor energy recovery or reused. Included in this categoryare re-refiners who process used oil so that it can bereused in a new product such as a lubricant andrecycled again and again. EPA’s management standardsprimarily focus on this group of used oil handlers.

● Burners burn used oil for energy recovery in boilers,industrial furnaces, or in hazardous waste incinerators.

● Marketers are handlers who either a) direct shipmentsof used oil to be burned as fuel in regulated devices or,b) claim that certain EPA specifications are met for usedoil to be burned for energy recovery in devices that arenot regulated. They also sometimes help moveshipments of used oil to burners. By definition,marketers must also fall into at least one of the abovecategories.

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IIf your business generates or handles used oil, there arecertain good housekeeping practices that you mustfollow. These required practices, called “management

standards,” were developed by EPA for businesses thathandle used oil. The management standards are commonsense, good business practices designed to ensure the safehandling of used oil, to maximize recycling, and to minimizedisposal. The standards apply to all used oil handlers,regardless of the amount of the oil they handle.

Although different used oil handlers may have specificrequirements, the following requirements are common to alltypes of handlers. These requirements relate to storage andto cleaning up leaks and spills, as follows.

SSttoorraaggee● Label all containers and tanks as Used Oil.

● Keep containers and tanks in good condition. Don’tallow tanks to rust, leak, or deteriorate. Fix structuraldefects immediately.

● Never store used oil in anything other than tanks andstorage containers. Used oil may also be stored in unitsthat are permitted to store regulated hazardous waste.Tanks and containers storing used oil do not need to beRCRA permitted, however, as long as they are labeledand in good condition. Storage of used oil in lagoons,pits, or surface impoundments that are not permittedunder RCRA is prohibited.

● Re-refining used oil takes only about one-third theenergy of refining crude oil to lubricant quality.

● It takes 42 gallons of crude oil, but only one gallonof used oil, to produce 2 1/2 quarts of new,high-quality lubricating oil.

● One gallon of used oil processed for fuel containsabout 140,000 British Thermal Units (BTUs) ofenergy.

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aanndd tthhee EEccoonnoommyy——HHeerree’’ss PPrrooooff!!

2

OOiill LLeeaakkss oorr SSppiillllss● Take steps to prevent leaks and spills. Keep machinery,

equipment containers, and tanks in good workingcondition and be careful when transferring used oil.Have sorbent materials available on site.

● If a spill or leak occurs, stop the oil from flowing at thesource. If a leak from a container or tank can’t bestopped, put the oil in another holding container or tank.

● Contain spilled oil. For example, containment can beaccomplished by erecting sorbent berms or byspreading a sorbent over the oil and surrounding area.

● Clean up the oil and recycle the used oil as you wouldhave before it was spilled. If recycling is not possible,you first must make sure the used oil is not a hazardouswaste and dispose of it appropriately. All used cleanupmaterials, from rags to sorbent booms, that contain free-flowing used oil also must be handled according to theused oil management standards. Remember, all leakedand spilled oil collected during cleanup must be handledas used oil. If you are a used oil handler, you shouldbecome familiar with these cleanup methods. They mayalso be part of a spill response action plan.

● Remove, repair, or replace the defective tank orcontainer immediately.

RReeccoorrdd KKeeeeppiinnggEPA uses 12-digit identification (ID) numbers to track

used oil. Transporters hauling used oil must have a validEPA ID number, and generators, collection centers, andaggregation points must use transporters with EPA IDnumbers for shipping used oil off site. If you need an IDnumber, contact your EPA regional office or your statedirector. (You also can call the RCRA Hotline for moreinformation.) Generators, collection centers, aggregationpoints, and any handler that transports used oil inshipments of less than 55 gallons do not need an IDnumber, but may need a state or local permit.

Used oil transporters, processors, burners, andmarketers also must record each acceptance and deliveryof used oil shipments. Records can take the form of a log,invoice, or other shipping document and must bemaintained for three years. Re-refiners, processors, transferfacilities, and burners must have secondary containmentsystems (e.g., oil-impervious dike, berm, or retaining walland a floor) so that oil can not reach the environment in theevent of a leak or spill. EPA also encourages generators touse a secondary containment system to prevent used oilfrom contaminating the environment.

Burners of used oil that meets a certain set of qualitystandards called the used oil specifications are notregulated under the used oil management standards, aslong as the used oil is burned in appropriate boilers,furnaces, or incinerators. Call the RCRA Hotline for moreinformation.

Kno w and under stand y our state regulationsgoverning the mana gement of used oil—the y might bestricter than EP A’s. Contact y our state or local en vir on-mental a gency to determine y our best cour se of action.

MMiixxiinngg UUsseedd OOiill aanndd HHaazzaarrddoouuss WWaasstteeIn addition to EPA’s used oil management standards,

your business may be required to comply with federal andstate hazardous waste regulations if your used oil becomescontaminated from mixing it with hazardous waste. If usedoil is mixed with hazardous waste, it probably will have tobe managed as a hazardous waste. Hazardous wastedisposal is a lengthy, costly, and strict regulatory process.The only way to be sure your used oil does not becomecontaminated with hazardous waste is to store it separatelyfrom all solvents and chemicals and not to mix it withanything. If you believe your used oil might be mixed with ahazardous waste, call the RCRA Hotline at 800 424-9346.Hotline representatives can answer most of your questionsor direct you to appropriate state environmental offices.

HHooww SShhoouulldd MMyy BBuussiinneessss MMaannaaggee UUsseedd OOiill FFiilltteerrss??

The Filter Manufacturers’ Council maintains a regulatoryhotline and database to encourage the proper managementof used oil filters. By calling the hotline at 800 99-FILTER, youcan access the proper management requirements for yourparticular states. The database contains:

● Overviews of federal and state regulations relevant tothe management of oil filters.

● Addresses and phone numbers of the regulatoryagencies governing the management of used filters ineach state.

● A listing of companies, by state, that transport, process,and recycle used filters.

3

HHooww CCaann MMyy BBuussiinneessss AAvvooiiddCCoossttllyy CClleeaannuuppss??

MMeeting the following conditions relieves servicestation dealers from responsibility for costlycleanups and liabilities associated with off-site

handling of used oil. To meet these conditions, servicestations must: (1) comply with the management standardsdescribed on page 2 and 3, (2) not mix used oil with anyhazardous substance, and (3) accept used oil fromDo-it-yourselfers (DIYs) and send it for recycling. Call theRCRA Hotline for complete details regarding this liabilityexemption.

RReeccoommmmeennddeedd CClleeaannuupp PPrraaccttiicceessEPA recommends, but does not require, the following

cleanup practices for used oil handlers: (1) maximize therecovery of used oil; (2) minimize the generation of used oilsorbent waste by choosing reusable sorbent materials;(3) use the spent sorbent materials to produce recycledsorbent materials; and (4) buy sorbent materials withrecycled content.

Extraction devices (e.g., centrifuges, wringers, andcompactors) can be used to recover used oil from reusablesorbent materials. Sorbent pads can be reused betweentwo and eight times depending on the viscosity of the usedoil. These technologies, while not required, can be used toreduce the number of sorbent pads ultimately sent forremanufacture, energy recovery, or disposal. The potentialto reduce waste and save money (i.e., lower disposal costsfor spent pads and lower per use cost of sorbent pads) byreusing and recycling sorbent pads can be substantial.

MMaannaaggiinngg CClleeaannuupp MMaatteerriiaallssIf you have used oil on rags or other sorbent materials

from cleaning up a leak or spill, you should remove asmuch of the free-flowing oil as possible and manage the oilas you would have before it spilled.

Once the free-flowing used oil has been removed fromthese materials, they are not considered used oil and maybe managed as solid waste as long as they do not exhibit ahazardous waste characteristic. Note, however, thatmaterials from which used oil has been removed continueto be regulated as used oil if they are to be burned forenergy recovery (regardless of the degree of removal).

WWhhaatt EEllssee CCaann MMyy BBuussiinneessss DDoottoo CCoonnsseerrvvee OOiill??

● Minimize the amount of used oil you produce. The lessused oil that is produced in the first place, the less thatultimately has to be handled. Businesses can filter,separate, and recondition used oil to prolong its usable life.

● Purchase re-refined used oil products instead of virginoil products. Re-refined oil works just as well as virginoil. Products that display the American PetroleumInstitute (API) “starburst” meet the same high-qualityspecifications as virgin oil.

● Practice safe management of used oil. Don’t mix usedoil with anything. Always store used oil in leak-proofcontainers that are in secure areas safely away fromworkers and the environment. Send used oil to are-refiner whenever possible.

1EPAUnited States Environmental Protection AgencyWashington, DC 20460(5305W)

Official BusinessPenalty for Private Use$300

FFoorr MMoorree IInnffoorrmmaattiioonn

For additional information, call the RCRA Hotline.Callers within the Washington Metropolitan Area mustdial 703 412-9810 or TDD 703 412-3323 (hearingimpaired). Long-distance callers may call 800 424-9346 or TDD 800 553-7672. The RCRA Hotlineoperates weekdays, 9:00 am to 6:00 pm. Write to theRCRA Information Center (5305W), U.S.Environmental Protection Agency, 401 M Street, SW.,Washington, DC 20460.

TRANSPORTER/ PROCESSOR/ OFF-SPECIFICATIONGENERATOR* TRANSFER FACILITY RE-REFINER BURNER MARKETER** Subparts C and D Subpart E Subpart F Subpart G Subpart H

SSttoorraaggee iinn CCoonnttaaiinneerrss aanndd Good Condition Good Condition Good Condition Good Condition NN//AAAAbboovveeggrroouunndd TTaannkkss

LLaabbeellss ffoorr TTaannkkss aanndd CCoonnttaaiinneerrss YYeess YYeess YYeess YYeess NN//AA

SSeeccoonnddaarryy CCoonnttaaiinnmmeenntt SSyysstteemm NNoo YYeess,, for transfer facilities YYeess YYeess NN//AA((OOiill IImmppeerrvviioouuss BBeerrmm,, DDiikkee,, oorr NN//AA,, for transportersRReettaaiinniinngg WWaallll aanndd FFlloooorr))

EEnnvviirroonnmmeennttaall RReelleeaassee CClleeaannuupp YYeess YYeess YYeess YYeess NN//AA

EEPPAA IIddeennttiiffiiccaattiioonn NNuummbbeerr aanndd NNoo YYeess YYeess YYeess YYeessNNoottiiffiiccaattiioonn

TTrraacckkiinngg NNoo YYeess,, acceptance and delivery YYeess,, acceptance and delivery YYeess,, acceptance records YYeess,, on-specification or off-records records specification delivery records

AAnnaallyyssiiss NNoo YYeess,, information or testing that YYeess,, create and follow an analysis YYeess,, information or testing that YYeess,, information or testingshows that the total halogen plan that includes determining total shows that the total halogen needed to determine used oil content is above or below 1000 ppm halogen content and, if appropriate, content is above or below 1000 ppm specification

RReeccoorrddkkeeeeppiinngg NNoo YYeess,, copies of information or YYeess,, copies of information or YYeess,, copies of information or YYeess,, information or test data used((ffoorr tthhrreeee yyeeaarrss)) testing data of total halogen content testing data of total halogen content testing data of total halogen to determine specification type;

or for rebutting the presumption or for rebutting the presumption content or for rebutting the delivery records; if off-specification,of hazardous waste mixing; of hazardous waste mixing; presumption of hazardous waste burner certificationacceptance and delivery records acceptance and delivery records mixing; acceptance records

PPrreeppaarreeddnneessss aanndd NNoo NNoo YYeess,, same as Part 264/265, NNoo NN//AACCoonnttiinnggeennccyy PPllaannss Subpart D

BBiieennnniiaall RReeppoorrttiinngg NNoo NNoo YYeess NNoo NN//AA

CClloossuurree NNoo NNoo YYeess NNoo NN//AA

DDuusstt SSuupppprreessssaanntt BBaann YYeess YYeess YYeess YYeess NN//AA

SSuurrffaaccee IImmppoouunnddmmeenntt BBaann YYeess YYeess YYeess YYeess NN//AA

* Generator requirements apply to aggregation points and collection centers.

** Marketers also come under regulation as a generator, transporter, and/or processor or re-refiner. No used oilhandler can be solely a marketer.

RREEQQUUIIRREEMMEENNTTSSUUSSEEDD OOIILL MMAANNAAGGEEMMEENNTT SSTTAANNDDAARRDDSS

1EPAUnited StatesEnvironmentalProtection AgencyEPA530-H-98-001

2 Printed on paper that contains at least 20% postconsumer fiber.

24963Federal Register / Vol. 63, No. 87 / Wednesday, May 6, 1998 / Rules and Regulations

material submitted shows the following:There is genuine and substantial issueof fact; there is a reasonable possibilitythat available evidence identified by therequestor would, if established, resolveone or more of such issues in favor ofthe requestor, taking into accountuncontested claims or facts to thecontrary; and resolution of the factualissues in the manner sought by therequestor would be adequate to justifythe action requested (40 CFR 178.32).

Information submitted in connectionwith an objection or hearing requestmay be claimed confidential by markingany part or all of that information asCBI. Information so marked will not bedisclosed except in accordance withprocedures set forth in 40 CFR part 2.A copy of the information that does notcontain CBI must be submitted forinclusion in the public record.Information not marked confidentialmay be disclosed publicly by EPAwithout prior notice.

VI. Public Docket

EPA has established a record for thisrulemaking under docket controlnumber [OPP–300655] (including anycomments and data submittedelectronically). A public version of thisrecord, including printed, paperversions of electronic comments, whichdoes not include any informationclaimed as CBI, is available forinspection from 8:30 a.m. to 4 p.m.,Monday through Friday, excluding legalholidays.

The public record is located in Room119 of the Public Information andRecords Integrity Branch, InformationResources and Services Division(7502C), Office of Pesticide Programs,Environmental Protection Agency,Crystal Mall #2, 1921 Jefferson DavisHwy., Arlington, VA.

Electronic comments may be sentdirectly to EPA at:

[email protected].

Electronic comments must besubmitted as an ASCII file avoiding theuse of special characters and any formof encryption.

The official record for thisrulemaking, as well as the publicversion, as described above will be keptin paper form. Accordingly, EPA willtransfer any copies of objections andhearing requests received electronicallyinto printed, paper form as they arereceived and will place the paper copiesin the official rulemaking record whichwill also include all commentssubmitted directly in writing. Theofficial rulemaking record is the paperrecord maintained at the Virginia

address in ‘‘ADDRESSES’’ at thebeginning of this document.

VII. Regulatory AssessmentRequirements

This final rule establishes anexemption from the requirement of atolerance under FFDCA section 408(d)in response to a petition submitted tothe Agency. The Office of Managementand Budget (OMB) has exempted thesetypes of actions from review underExecutive Order 12866, entitledRegulatory Planning and Review (58 FR51735, October 4, 1993).

This final rule does not contain anyinformation collections subject to OMBapproval under the PaperworkReduction Act (PRA), 44 U.S.C. 3501 etseq., or impose any enforceable duty orcontain any unfunded mandate asdescribed under Title II of the UnfundedMandates Reform Act of 1995 (UMRA)(Pub. L. 104–4). Nor does it require anyprior consultation as specified byExecutive Order 12875, entitledEnhancing the IntergovernmentalPartnership (58 FR 58093, October 28,1993), or special considerations asrequired by Executive Order 12898,entitled Federal Actions to AddressEnvironmental Justice in MinorityPopulations and Low-IncomePopulations (59 FR 7629, February 16,1994), or require OMB review inaccordance with Executive Order 13045,entitled Protection of Children fromEnvironmental Health Risks and SafetyRisks (62 FR 19885, April 23, 1997).

In addition, since these tolerances andexemptions that are established on thebasis of a petition under FFDCA section408(d), such as the exemption in thisfinal rule, do not require the issuance ofa proposed rule, the requirements of theRegulatory Flexibility Act (RFA) (5U.S.C. 601 et seq.) do not apply.Nevertheless, the Agency has previouslyassessed whether establishingtolerances, exemptions from tolerances,raising tolerance levels or expandingexemptions might adversely impactsmall entities and concluded, as ageneric matter, that there is no adverseeconomic impact. The factual basis forthe Agency’s generic certification fortolerance actions published on May 4,1981 (46 FR 24950) and was providedto the Chief Counsel for Advocacy of theSmall Business Administration.

VIII. Submission to Congress and theGeneral Accounting Office

Under 5 U.S.C. 801(a)(1)(A), as addedby the Small Business RegulatoryEnforcement Fairness Act of 1996, theAgency has submitted a reportcontaining this rule and other requiredinformation to the U.S. Senate, the U.S.

House of Representatives, and theComptroller General of the GeneralAccounting Office prior to publicationof this rule in today’s Federal Register.This is not a ‘‘major rule’’ as defined by5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

Environmental protection,Administrative practice and procedure,Agricultural commodities, Pesticidesand pests, Reporting and recordkeepingrequirements.

Dated: April 30, 1998.

Frank Sanders,Director, Antimicrobials Division, Office ofPesticide Programs.

Therefore, 40 CFR chapter I isamended as follows:

PART 180— [AMENDED]

1. The authority citation for part 180continues to read as follows:

Authority: 21 U.S.C. 346a and 371.

2. Section 180.1197 is added to readas follows:

§ 180.1197 Hydrogen peroxide; exemptionfrom the requirement of a tolerance.

An exemption from the requirementof a tolerance is established for residuesof hydrogen peroxide up to 120 ppm inor on raw agricultural commodities, inprocessed commodities, when suchresidues result from the use of hydrogenperoxide as an antimicrobial agent onfruits, tree nuts, cereal grains, herbs, andspices.

[FR Doc. 98–12037 Filed 5–5–98; 8:45 am]BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTIONAGENCY

40 CFR Parts 261 and 279

[FRL–5969–4]

Hazardous Waste ManagementSystem; Identification and Listing ofHazardous Waste; Recycled Used OilManagement Standards

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Direct final rule.

SUMMARY: Today’s direct final ruleeliminates errors and clarifiesambiguities in the used oil managementstandards. Specifically, this ruleclarifies when used oil contaminatedwith polychlorinated biphenyls (PCBs)is regulated under the used oilmanagement standards and when it isnot, that the requirements applicable toreleases of used oil apply in States that

24964 Federal Register / Vol. 63, No. 87 / Wednesday, May 6, 1998 / Rules and Regulations

are not authorized for the RCRA baseprogram, that mixtures of conditionallyexempt small quantity generator(CESQG) wastes and used oil are subjectto the used oil management standardsirrespective of how that mixture is to berecycled, and that the initial marketer ofused oil that meets the used oil fuelspecification need only keep a record ofa shipment of used oil to the facility towhich the initial marketer delivers theused oil. Today’s rule also amends threeincorrect references to the pre-1992used oil specifications in the provisionswhich address hazardous waste fuelproduced from, or oil reclaimed from,oil bearing hazardous wastes frompetroleum refining operations.

The U.S. Environmental ProtectionAgency (EPA) is issuing this regulationas a direct final rule. In the ProposedRules section of today’s FederalRegister, EPA is proposing identicalamendments and soliciting publiccomment on them. For moreinformation on the direct finalrulemaking process, see theSUPPLEMENTARY INFORMATION section ofthis document.DATES: This direct final rule willbecome effective on July 6, 1998 unlessEPA is notified by May 20, 1998 thatany person intends to submit relevantadverse comment and such comment issubmitted by June 5, 1998. If the Agencyreceives such comment, it will publishtimely notification in the FederalRegister withdrawing the amendment(s)that was the subject of adversecomment.ADDRESSES:

Intent To Submit Comments

Persons wishing to notify EPA of theirintent to submit adverse comments onthis action should contact AlexSchmandt by mail at Office of GeneralCounsel (2366), U.S. EnvironmentalProtection Agency, 401 M Street, SW,Washington, DC 20460, by phone at(202) 260–1708, by fax at (202) 260–0584, or by Internet e-mail [email protected].

Submitting Comments

Commenters must send an originaland two copies of their commentsreferencing docket number F–98–CUOP–FFFFF to: RCRA DocketInformation Center, Office of SolidWaste (5305G), U.S. EnvironmentalProtection Agency, 401 M Street, SW.,Washington, DC 20460. Hand deliveriesof comments should be made to theArlington, VA, address below.Comments may also be submittedelectronically through the Internet to:[email protected].

Comments in electronic format shouldalso be identified by the docket numberF–98–CUOP–FFFFF. All electroniccomments must be submitted as anASCII file avoiding the use of specialcharacters and any form of encryption.

Commenters should not submit anyconfidential business information (CBI)electronically. An original and twocopies of CBI must be submitted underseparate cover to: RCRA CBI DocumentControl Officer, Office of Solid Waste(5305W), U.S. Environmental ProtectionAgency, 401 M Street, SW, Washington,DC 20460.

Viewing Docket Materials

Public comments and supportingmaterials are available for viewing inthe RCRA Information Center (RIC),located at Crystal Gateway I, First Floor,1235 Jefferson Davis Highway,Arlington, VA. The DocketIdentification Number is F–98–CUOP–FFFFF. The RIC is open from 9 a.m. to4 p.m., Monday through Friday,excluding federal holidays. To reviewdocket materials, it is recommendedthat the public make an appointment bycalling (703) 603–9230. The public maycopy a maximum of 100 pages from anyregulatory docket at no charge.Additional copies cost $0.15/page. Theindex and some supporting materialsare available electronically. See theSUPPLEMENTARY INFORMATION section forinformation on accessing them.FOR FURTHER INFORMATION CONTACT:

RCRA Hotline. For generalinformation, contact the RCRA Hotlineat (800) 424–9346 or TDD (800) 553–7672 (hearing impaired). In theWashington, DC metropolitan area, call(703) 412–9810 or TDD (703) 412–3323.

Rulemaking Details. For moredetailed information on specific aspectsof this rulemaking, contact TomRinehart by mail at Office of SolidWaste (5304W), U.S. EnvironmentalProtection Agency, 401 M Street, SW.,Washington, DC 20460, by phone at(703) 308–4309, or by Internet e-mail [email protected] INFORMATION:

Direct Final Rulemaking Process

EPA is issuing this regulation as adirect final rule. In the Proposed Rulessection of today’s Federal Register, EPAis proposing identical amendments andsoliciting public comment on them. Ifrelevant adverse comment is receivedon one or more of the amendments inthe rulemaking, EPA will publish timelynotification in the Federal Registerwithdrawing the amendment(s) that isthe subject of adverse comment. Anyamendments in today’s rulemaking that

do not receive relevant adversecomment will become effective on thedate set out above, notwithstanding anyadverse comment on other portions oftoday’s rulemaking. A relevant commentwill be considered to be any commentsubstantively criticizing an amendment.The accompanying notice of proposedrulemaking may serve as the basis of asubsequent final rule if an amendmentthat is the subject of adverse commentis withdrawn as described above. Forinstructions on notifying EPA of yourintent to comment and for instructionson how to submit comments, please seethe ADDRESSES section above.

Internet Availability

This rule and the followingsupporting materials are available onthe Internet:

Docket Item: Petition for Review.From: Edison Electric Institute, et al.To: U.S. Court of Appeals for the

District of Columbia Circuit.Docket Item: Petitioners’ Preliminary

and Non-binding Statement of Issues tobe Raised on Appeal.

From: Edison Electric Institute, et al.To: U.S. Court of Appeals for the

District of Columbia Circuit.Docket Item: Letter describing Edison

Electric Institute’s outstanding issuesand proposals for resolving these issues.

From: Edison Electric Institute, et al.To: U.S. Environmental Protection

Agency.Docket Item: Letter describing Edison

Electric Institute’s issues including arequest that EPA issue a technicalcorrection to 40 CFR 279.10(i).


Agency.Docket Item: Letter requesting that

EPA resolve outstanding issues.From: Edison Electric Institute, et al.To: U.S. Environmental Protection

Agency.Docket Item: Settlement Agreement.From: Edison Electric Institute, et al,

U.S. Environmental Protection Agency,and U.S. Department of Justice.

To: U.S. Court of Appeals for theDistrict of Columbia Circuit.

Docket Item: Memorandum thatdescribes an abbreviated stateauthorization revision applicationprocedure for state rule changes inresponse to minor federal rule changesor corrections.

From: Michael Shapiro, Director,Office of Solid Waste.

To: Regional Waste ManagementDivision Directors.

Follow these instructions to accessthis information electronically:


WWW URL: http://www.epa.gov/epaoswer/hazwaste/usedoil/index.htm.

FTP: ftp.epa.gov.Login: anonymous.Password: your Internet e-mail

address.Path: /pub/epaoswer.Note: The official record for this action will

be kept in paper form and maintained at theaddress in the ADDRESSES section above.

Outline of Today’s Document

I. AuthorityII. Background and Summary of RuleIII. Regulatory Amendments

A. Applicability of the Used OilManagement Standards to PCBContaminated Used Oil

B. Response to Releases of Used OilC. Mixtures of CESQG Wastes and Used OilD. Reference to the Used Oil Fuel

SpecificationE. Clarification of the Recordkeeping

Requirements for Marketers of On-Specification Used Oil

IV. State AuthorityV. Regulatory Requirements

A. Executive Order No. 12866B. Regulatory Flexibility ActC. Paperwork Reduction ActD. Unfunded Mandates Reform ActE. Submission to Congress and the General

Accounting OfficeVI. Effective Date

I. Authority

These regulations are issued underthe authority of sections 1004, 1006,2002(a), 3001 through 3007, 3010, 3013,3014, 3016 through 3018, and 7004 ofthe Solid Waste Disposal Act, asamended by the Resource Conservationand Recovery Act, and as amended bythe Used Oil Recycling Act, asamended, 42 U.S.C. 6901, 6905, 6912(a),6921 through 6927, 6930, 6934, 6935,6937 through 6939 and 6974.

II. Background and Summary of RuleToday’s direct final rule provides

technical corrections and clarifiesambiguities to existing regulatorylanguage concerning used oil at 40 CFRpart 279 and 40 CFR part 261. Theclarification of the applicability of theused oil management standards to PCBcontaminated used oil is undertaken aspart of a settlement agreement inresponse to a lawsuit challenging EPA’sfinal rule promulgated on May 3, 1993,(58 FR 26420). Edison Electric Institutev. U.S. EPA (D.C. Circuit No. 93–1474).The May 1993 rule corrected technicalerrors and provided clarifyingamendments to the used oilmanagement standards promulgated onSeptember 10, 1992 (57 FR 41566). Inaddition, the Agency found severalerrors and ambiguities during review ofthe existing regulatory languageconcerning used oil. Today’s ruleeliminates these mistakes and clarifiesambiguities in the used oil managementstandards.

These clarifications and correctionsare presented in four separate sections,through which the Agency is (1)clarifying that used oil containing 50ppm or greater PCBs is not subject toregulation under the used oilmanagement standards at 40 CFR Part279; (2) clarifying that the responserequirements at 40 CFR part 279 forreleases of used oil apply in stateswithout RCRA base programauthorization; (3) clarifying thatmixtures of CESQG waste and used oilare subject to the used oil managementstandards regardless of how thatmixture is to be recycled; (4) amendingthe references to the used oilmanagement standards in 40 CFR Part261 to make them consistent with thestandards at 40 CFR Part 279; and (5)clarifying that the initial marketer of

used oil that meets the used oil fuelspecification need only keep a record ofa shipment of used oil to the facility towhich the initial marketer delivers theused oil.

III. Regulatory Amendments

A. Applicability of the Used OilManagement Standards to PCBContaminated Used Oil

Today’s rule amends 40 CFR 279.10(i)to clarify the applicability of the usedoil management standards of 40 CFRpart 279 to used oil containing PCBs.The revised language reflects EPA’sintent that used oil that contains lessthan 50 ppm of PCBs is subject toregulation under the used oilmanagement standards. Used oil thatcontains 50 ppm or greater of PCBs isnot subject to regulation under the usedoil management standards, because theTSCA regulations at 40 CFR part 761provide comprehensive management ofsuch used oil.

Table 1 shows the applicability of theRCRA and TSCA regulations as theypertain to used oil containing PCBs thatis to be burned for energy recovery.Used oil that contains PCBs in the rangeof 2 ppm and greater and less than 50ppm that is burned for energy recoveryis regulated by both the TSCAregulations at 40 CFR 761.20(e) and theused oil management standards at 40CFR part 279. Please note, under theTSCA regulations at 40 CFR761.20(e)(2), used oil that is to beburned for energy recovery is presumedto contain 2 ppm or greater of PCBsunless shown otherwise by testing orother information. Used oil that is to beburned for energy recovery and has beenshown to contain less than 2 ppm PCBsis not regulated under TSCA and issolely regulated under RCRA.

TABLE 1.—REGULATION OF USED OIL CONTAINING PCBS THAT IS TO BE BURNED FOR ENERGY RECOVERY UNDER 40CFR PART 279 OF RCRA AND 40 CFR PART 761 OF TSCA

Range of PCB contamination levels in used oil (ppm) Does RCRA regulate this used oil if itis to be burned for energy recovery?

Does TSCA regulatethis used oil if it is tobe burned for energy

recovery?

Demonstrated to contain less than 2 .................................................................. Yes ....................................................... No.*2 to less than 50 ................................................................................................. Yes ....................................................... Yes.50 and greater ..................................................................................................... No ......................................................... Yes.

* Used oil that is to be burned for energy recovery is presumed to contain 2 ppm or greater of PCBs unless shown otherwise by testing orother information.

Used oil containing less than 50 ppmPCBs that is recycled other than beingburned for energy recovery is notgenerally subject to the TSCArequirements. See 40 CFR 761.3(definition of excluded PCB products);

761.20(a)(1); and 761.20(c). However, 40CFR 761.20(d) prohibits the use of usedoil that contains any detectableconcentration of PCBs as a sealant,coating, or dust control agent. Thisprohibition specifically includes road

oiling and general dust control. Use ofused oil as a dust suppressant isprohibited under RCRA except in a statethat has received authorization fromEPA to allow use of used oil as a dustsuppressant. Currently no states have


received such authorization. In theevent that a state were authorized to useused oil as a dust suppressant pursuantto 40 CFR 279.82, the prohibition in 40CFR 761.20(d) would still apply.

Used oil that contains PCBs may notbe diluted to obtain PCB concentrationsless than 50 ppm. See 40 CFR 761.1(b).PCB-containing used oils that have beendiluted so that their concentrations areless than 50 ppm are still subject toregulation under TSCA as used oil thatcontains PCB concentrations of 50 ppmor greater. These diluted used oils aresubject to comprehensive managementunder TSCA and, therefore, are notregulated under the RCRA used oilmanagement standards.

RCRA’s used oil managementstandards have historically applied toused oil containing less than 50 ppmPCBs and not to used oil containingconcentrations of 50 ppm or greater.Prior to the promulgation of Part 279 inSeptember 1992, the used oilmanagement standards applied to usedoil that contained less than 50 ppmPCBs pursuant to 40 CFR Part 266,subpart E. The preamble to theSeptember 1992 rule that recodified theprovisions from the old Part 266 clearlyindicates EPA’s intent not to regulatePCB-contaminated used oil at levels of50 ppm and greater under the RCRAused oil management standards (see 57FR 41566, 41569, 41583; September 10,1992), but the text of the rule did notreference the 50 ppm standard. Instead,the regulatory text at 40 CFR 279.10(i)purported to exclude from the used oilmanagement standards those PCB-contaminated used oils already‘‘regulated under’’ the TSCA PCBregulations at 40 CFR Part 761, which asexplained above is a potentially broaderuniverse of material. Because theSeptember 10, 1992 RCRA ruleexcluded PCB-contaminated used oilalready ‘‘regulated under’’ the TSCAregulations, it could have beeninterpreted as excluding used oilcontaining PCBs at less than 50 ppmfrom the RCRA used oil managementstandards.

The May 3, 1993 RCRA rule (58 FR26420) sought to clarify that the Part 279standards apply to used oils containingless than 50 ppm PCBs, but did so in amanner that inadvertently created theimpression that the used oilmanagement standards also applied toPCB-contaminated used oils at levels of50 ppm and greater. Today’s ruleclarifies the scope of the RCRA used oilmanagement standards as EPA hasconsistently interpreted them.

B. Response to Releases of Used Oil

Today’s rule amends 40 CFR279.22(d), 279.45(h), 279.54(g) and279.64(g) to clarify that the responserequirements for releases of used oilapply in states that are not authorizedfor the RCRA base program pursuant toRCRA Section 3006, 42 U.S.C. 6926,and, hence, that are not authorized forthe used oil management standards.(Base program authorization refers tothe RCRA program initially madeavailable for final authorization,reflecting Federal regulations as of July26, 1982.) At this time, Alaska, Hawaii,Iowa, Puerto Rico, the Virgin Islands,the Northern Mariana Islands andAmerican Samoa do not have anauthorized RCRA base program.

The text and the 1992 preamblediscussion of the four provisionsenumerated above appear to limit thecleanup requirements for a release ofused oil to those states and territoriesthat have an authorized used oilmanagement program. Specifically,§§ 279.22(d), 279.45(h), 279.54(g) and279.64(g) provide that the cleanuprequirements apply to releases of usedoil that ‘‘occurred after the effective dateof the authorized used oil program forthe State in which the release islocated’’ (emphasis added).Furthermore, the preamble discussion ofthese provisions state that ‘‘[T]hisrequirement does not apply to pastreleases of used oil that occurred priorto the effective date of the used oilprogram within an authorized state inwhich the facility is located.’’ 57 FR41566 at 41586, 41592, 41596, 41600,September 10, 1992 (emphasis added).

Notwithstanding any ambiguity in theregulatory text, EPA’s intent in limitingthe cleanup requirements—to releases ofused oil that occurred after the effectivedate of the authorized used oil programfor the State in which the release islocated—was to provide a temporallimitation on when the response torelease requirements were to take effect.The federal used oil managementstandards incorporated into Part 279created for the most part a newregulatory scheme for the managementof used oil. (If these standards were toinclude cleanup requirements for spillsof used oil it was important to clarifythat such cleanup requirements wouldonly apply to spills that occurred afterthe new requirements were in effect.)The language in §§ 279.22(d), 279.45(h),279.54(g) and 279.64(g) provided atemporal limitation by imposing thecleanup requirements on those releasesthat occur ‘‘after the effective date of theauthorized used oil program for theState in which the release is located.’’

The 1992 preamble discussion of theresponse to releases requirements makesthis point explicitly in stating that‘‘[T]his requirement does not apply topast releases of used oil that occurredprior to the effective date of the used oilprogram within an authorized state inwhich the facility is located.’’ 57 FR41566 at 41586, 41592, 41596, 41600,September 10, 1992. The language,therefore, clarified that the regulationapplied prospectively only and thatother authorities would be used for pre-existing releases.

Today’s rule clarifies that the cleanuprequirements apply to releases of usedoil that occurred after the effective dateof the recycled used oil managementprogram in effect in the State in whichthe facility is located. In states that donot have RCRA authorization, therecycled used oil management programin effect is the federal program of usedoil management standards at 40 CFRPart 279, which became effective inthese states on March 8, 1993. See 58 FR26420, May 3, 1993. In authorizedRCRA states, only states that areauthorized for the used oil managementstandards have a recycled used oilmanagement program in effect; theseprograms take effect on the effectivedate of the final rule that authorizes thestate for the used oil managementstandards.

C. Mixtures of CESQG Wastes and UsedOil

Today’s rule harmonizes theapplicability of 40 CFR Part 261 andPart 279 to mixtures of conditionallyexempt small quantity generators(CESQG) wastes and used oil that are tobe recycled. Although CESQG wastesare not regulated as hazardous wastes,mixtures of CESQG wastes and used oilthat are to be recycled are regulated asused oil under the used oil managementstandards. Notwithstanding EPA’sregulatory intent, the CESQG provision,40 CFR 261.5(j), that references theapplicability of the used oilmanagement standards to mixtures ofCESQG wastes and used oil that are tobe recycled, appears to limit theapplicability of the used oilmanagement standards to mixtures thatare to be recycled by burning for energyrecovery. Section 261.5(j), therefore,incorrectly suggests that mixtures ofCESQG wastes and used oil that are tobe recycled in a manner other than byburning for energy recovery, such as byre-refining, would not be subject to theused oil management standards. Indeed,because CESQG wastes are not regulatedas hazardous wastes, § 261.5(j) wouldsuggest that such mixtures that are re-refined would not be subject to


regulation under RCRA Subtitle C or theused oil management standards.

The used oil management standards,however, apply to used oil to berecycled irrespective of what form ofrecycling is to be employed. By itsterms, the presumption in 40 CFR279.10(a) that used oil is to be recycled(such that used oil is presumptivelysubject to the used oil managementstandards, unless it is disposed or sentfor disposal), encompasses any type ofrecycling. The recycling presumptiondoes not, for instance, condition theapplicability of the used oilmanagement standards on whether usedoil is recycled by burning for energyrecovery or by re-refining. To the extentthat Part 279 applies to used oil that isto be recycled without regard to how theused oil is to be recycled, Part 279applies equally to mixtures of used oiland CESQG wastes that are to berecycled irrespective of how thatmixture is to be recycled.

The regulatory provisions that addressmixtures of CESQG wastes and used oilto be recycled, § 261.5(j) and§ 279.10(b)(3), are both intended toclarify that mixtures of CESQG wastesand used oil are subject to the used oilmanagement standards, notwithstandingthe conditional exemption of smallquantity generator wastes fromregulation as a hazardous waste. Theapparent limitation contained in§ 261.5(j), which would limit theapplicability of the used oilmanagement standards to mixtures to beburned for energy recovery, is an artifactof the pre-1992 used oil regulations at40 CFR Part 266, which only regulatedthe burning of used oil. When theexpanded used oil managementstandards were promulgated onSeptember 10, 1992, the Agencyinadvertently failed to amend § 261.5(j)to reflect the broader scope of the newPart 279. Indeed, the correspondingprovision in Part 279 that addressesmixtures of CESQG wastes and used oilto be recycled, § 279.10(b)(3), does notcontain the apparent limitation found in§ 261.5(j) that would limit theapplicability of the used oilmanagement standards to mixtures to beburned for energy recovery. Today’s ruleamends § 261.5(j) as it should have beenamended in 1992 to reflect the greaterscope of Part 279 and to eliminate anypotential ambiguity over theapplicability of the used oilmanagement standards to mixtures ofCESQG wastes and used oil to berecycled.

D. References to the Used Oil FuelSpecification

Today’s rule amends 40 CFR261.6(a)(3)(iv)(A)–(C) to reflect therecodification of the used oilrequirements at 40 CFR Part 279. Thethree provisions address hazardouswaste fuel produced from, or oilreclaimed from, oil bearing hazardouswastes from petroleum refiningoperations. All three provisionsincorrectly reference the pre-1992 usedoil fuel specification provision,§ 266.40(e), which was recodified in1992 at § 279.11. These provisionsshould have been amended in 1992.

E. Clarification of the RecordkeepingRequirements for Marketers of On-Specification Used Oil

Today’s rule amends 40 CFR279.74(b) to clarify that the marketerwho first claims that used oil that is tobe burned for energy recovery meets thefuel specification (on-specification usedoil) must only keep a record of ashipment of used oil to the facility towhich the initial marketer delivers theused oil. The preamble to the November29, 1985 rule (50 FR 49164 at 49189)clearly describes the agency’s intent toonly track on-specification used oil thatis to be burned for energy recovery onestep beyond the initial marketer. Whenthese recordkeeping requirements wererecodified at 40 CFR 279.74(b) (57 FR41566, September 10, 1992), theregulations required that a marketermust keep a record of each shipment ofused oil to an on-specification used oilburner. However, the marketer who firstclaims that used oil that is to be burnedfor energy recovery meets the fuelspecification might choose not to marketthe used oil directly to an on-specification used oil burner (i.e. a non-industrial oil burner). Instead, the on-specification used oil might be marketedto a fuel oil distributor for subsequentsale as fuel oil. In this situation,§ 279.74(b) could be interpreted torequire the initial marketer of the on-specification used oil to keep a recordof all subsequent shipments of that usedoil until the on-specification used oilreaches a used oil burner. Today’s ruleclarifies that the initial marketer of on-specification used oil must only keep arecord of a shipment of used oil to thefacility to which the initial marketerdelivers the used oil. The initialmarketer need not keep a record of anysubsequent transfers of this used oil. Forexample, the initial marketer wouldneed to keep a record of a shipment ofon-specification used oil to a fuel oildistributor, but the initial marketerwould not need to keep records of

shipments of this used oil from the fueloil distributor to fuel oil burners orother fuel oil distributors.

IV. State Authority

Under Section 3006 of RCRA, EPAmay authorize qualified States toadminister and enforce the RCRAprogram within the State. Followingauthorization, EPA retains enforcementauthority under Sections 3008, 3013,and 7003 of RCRA, although authorizedStates have primary enforcementresponsibility. The standards andrequirements for authorization arefound in 40 CFR part 271.

Today’s amendments are not imposedpursuant to the Hazardous and SolidWaste Amendments of 1984 (HSWA).Therefore, these corrections andclarifications will become effectiveimmediately only in those Stateswithout interim or final authorization,not in authorized States.

Today’s rule corrects and clarifies thescope of certain regulatory requirementsand is, therefore, considered to be nomore stringent than the existing federalstandards. Authorized States are onlyrequired to modify their programs whenEPA promulgates federal regulationsthat are more stringent or broader inscope than the existing federalregulations. Therefore, States that areauthorized for the used oil managementstandards are not required to modifytheir programs to adopt today’s rule.However, EPA strongly urges States todo so.

Given the minor scope of today’samendments, those States that areauthorized for the used oil managementstandards may submit an abbreviatedauthorization revision application to theRegion for today’s amendments. Thisapplication should consist of a letterfrom the State to the appropriateRegional office, certifying that it hasadopted provisions equivalent to and noless stringent than today’s final rule (seethe December 19, 1994, memorandumfrom Michael Shapiro, Director of theOffice of Solid Waste, to the EPARegional Division Directors that is in thedocket for today’s rule). The Stateshould also submit a copy of its finalrule or other authorizing authority.Revisions to the revised ProgramDescription, Memorandum ofAgreement, and Attorney General’sstatement are not necessary becausetoday’s rule merely corrects and clarifiesthe scope of certain regulatoryrequirements (§ 271.21(b)(1)). EPAexpects that this simplified process willexpedite the review of the authorizationsubmittal for this rule.


V. Regulatory Requirements

A. Executive Order 12866

Under Executive Order 12866 (58 FR51735, October 4, 1993), the Agencymust determine whether this regulatoryaction is ‘‘significant’’ and thereforesubject to OMB review and therequirements of the Executive Order.The Order defines ‘‘significant’’regulatory action as one that is likely tolead to a rule that may:

(1) Have an annual effect on theeconomy of $100 million or more, oradversely and materially affect a sectorof the economy, productivity,competition, jobs, the environment,public health or safety, or State, local ortribal governments or communities;

(2) Create a serious inconsistency orotherwise interfere with an action takenor planned by another agency;

(3) Materially alter the budgetaryimpact of entitlement, grants, user fees,or loan programs or the rights andobligations of recipients thereof; or

(4) Raise novel legal or policy issuesarising out of legal mandates, thePresident’s priorities, or the principlesset forth in the Executive Order.

OMB has reviewed this rule and hasdetermined it to be ‘‘not significant’’under the terms of the Executive Order.

B. Regulatory Flexibility Act

The Regulatory Flexibility Act, 5U.S.C. 601–602, requires that Federalagencies examine the impacts of theirregulations on ‘‘small entities’’. If arulemaking will have a significantimpact on a substantial number of smallentities, agencies must considerregulatory alternatives that minimizeeconomic impact.

EPA believes that today’s rule will notimpact any small entity because it doesnot impose regulatory requirements orotherwise substantively change existingrequirements. Today’s rule eliminateserrors and clarifies ambiguities in theused oil management standards so as torestore the Agency’s intended result.Therefore, I certify pursuant to 5 U.S.C.601 et seq., that this rule will not havea significant impact on a substantialnumber of small entities.

C. Paperwork Reduction Act

Under the Paperwork Reduction Act,44 U.S.C. 3501 et seq., EPA mustconsider the paperwork burden imposedby any information collection request ina proposed or final rule. This rule willnot impose any new informationcollection requirements.

D. Unfunded Mandates Reform Act

Title II of the Unfunded MandatesReform Act of 1995 (UMRA), P.L. 104–

4, establishes requirements for Federalagencies to assess the effects of theirregulatory actions on State, local, andtribal governments and the privatesector. Under section 202 of the UMRA,EPA generally must prepare a writtenstatement, including a cost-benefitanalysis, for proposed and final ruleswith ‘‘Federal mandates’’ that mayresult in expenditures to State, local,and tribal governments, in the aggregate,or to the private sector, of $100 millionor more in any one year. When a writtenstatement is needed for any EPA rule,section 205 of the UMRA generallyrequires EPA to identify and consider areasonable number of regulatoryalternatives and adopt the least costly,most cost-effective or least burdensomealternative that achieves the objectivesof the rule. The provisions of section205 do not apply when they areinconsistent with applicable law.Moreover, section 205 allows EPA toadopt an alternative other than the leastcostly, most cost-effective or leastburdensome alternative if theAdministrator publishes with the finalrule an explanation why that alternativewas not adopted. Before EPA establishesany regulatory requirements that maysignificantly or uniquely affect smallgovernments, including tribalgovernments, it must have developedunder section 203 of the UMRA a smallgovernment agency plan. The plan mustprovide for notifying potentiallyaffected small governments, giving themmeaningful and timely input in thedevelopment of EPA regulatoryproposals with significant Federalintergovernmental mandates, andinforming, educating, and advising themon compliance with the regulatoryrequirements.

Today’s rule contains no Federalmandates (under the regulatoryprovisions of Title II of the UMRA) forState, local, or tribal governments or theprivate sector because it does notimpose regulatory requirements orotherwise substantively change existingrequirements. Today’s rule eliminateserrors and clarifies ambiguities in theused oil management standards so as torestore the Agency’s intended result.Thus, today’s rule is not subject to therequirements of sections 202 and 205 ofthe UMRA. Similarly, EPA hasdetermined that this rule contains noregulatory requirements that mightsignificantly or uniquely affect smallgovernments.

E. Submission to Congress and theGeneral Accounting Office

Under 5 U.S.C. 801(a)(1)(A), EPAsubmitted a report containing this ruleand other required information to the

U.S. Senate, the U.S. House ofRepresentatives and the ComptrollerGeneral of the General AccountingOffice prior to publication of the rule intoday’s Federal Register. This rule isnot a ‘‘major rule’’ as defined by 5U.S.C. 804(2).

VI. Effective DateBecause the regulated community

does not need 6 months to come intocompliance with this rule, EPA finds,pursuant to RCRA section 3010(b)(1),that this rule can be made effective inless than six months.

List of Subjects

40 CFR Part 261Environmental protection, Hazardous

waste, Recycling, Reporting andrecordkeeping requirements.

40 CFR Part 279Conditionally exempt small quantity

generator (CESQG), Environmentalprotection, Hazardous waste,Polychlorinated biphenyls (PCBs), Solidwaste, Recycling, Response to releases,Used oil, Used oil specification.

Dated: April 20, 1998.Carol Browner,Administrator.

For the reasons set out in thepreamble, Chapter I of Title 40 of theCode of Federal Regulations is amendedas follows:

PART 261—IDENTIFICATION ANDLISTING OF HAZARDOUS WASTE

1. The authority citation for Part 261continues to read as follows:

Authority: 42 U.S.C. 6905, 6912(a), 6921–6927, 6930, 6934, 6935, 6937, 6938, 6939,and 6974.

§ 261.5 [Amended]2. Section 261.5(j) is amended by

removing both phrases, ‘‘if it is destinedto be burned for energy recovery’’.

§ 261.6 [Amended]3. In § 261.6 paragraphs (a)(3)(iv)(A)–

(C) are amended by revising thereference ‘‘266.40(e)’’ to read ‘‘279.11’’.

PART 279—STANDARDS FOR THEMANAGEMENT OF USED OIL


Authority: Sections 1006, 2002(a), 3001through 3007, 3010, 3014, and 7004 of theSolid Waste Disposal Act, as amended (42U.S.C. 6905, 6912(a), 6921 through 6927,6930, 6934, and 6974); and Sections 101(37)and 114(c) of CERCLA (42 U.S.C. 9601(37)and 9614(c)).

5. Section 279.10 is amended byrevising paragraph (i) to read as follows:


§ 279.10 Applicability.* * * * *

(i) Used oil containing PCBs. Used oilcontaining PCBs (as defined at 40 CFR761.3) at any concentration less than 50ppm is subject to the requirements ofthis part. Used oil subject to therequirements of this Part may also besubject to the prohibitions andrequirements found at 40 CFR Part 761,including § 761.20(d) and (e). Used oilcontaining PCBs at concentrations of 50ppm or greater is not subject to therequirements of this part, but is subjectto regulation under 40 CFR part 761.

6. Section 279.22 is amended byrevising paragraph (d) to read asfollows:

§ 279.22 Used oil storage.* * * * *

(d) Response to releases. Upondetection of a release of used oil to theenvironment that is not subject to therequirements of part 280, subpart F ofthis chapter and which has occurredafter the effective date of the recycledused oil management program in effectin the State in which the release islocated, a generator must perform thefollowing cleanup steps:

(1) Stop the release;(2) Contain the released used oil;(3) Clean up and manage properly the

released used oil and other materials;and

(4) If necessary, repair or replace anyleaking used oil storage containers ortanks prior to returning them to service.

7. Section 279.45 is amended byrevising paragraph (h) to read asfollows:

§ 279.45 Used oil storage at transferfacilities.* * * * *

(h) Response to releases. Upondetection of a release of used oil to theenvironment that is not subject to therequirements of part 280, subpart F ofthis chapter and which has occurredafter the effective date of the recycledused oil management program in effectin the State in which the release islocated, the owner/operator of a transferfacility must perform the followingcleanup steps:




8. Section 279.54 is amended byrevising paragraph (g) to read as follows:

§ 279.54 Used oil management.

* * * * *

(g) Response to releases. Upondetection of a release of used oil to theenvironment that is not subject to therequirements of part 280, subpart F ofthis chapter and which has occurredafter the effective date of the recycledused oil management program in effectin the State in which the release islocated, an owner/operator mustperform the following cleanup steps:



(4) If necessary, repair or replace anyleaking used oil storage containers ortanks prior to returning them to service.* * * * *

9. Section 279.64 is amended byrevising paragraph (g) to read as follows:

§ 279.64 Used oil storage.

* * * * *(g) Response to releases. Upon

detection of a release of used oil to theenvironment that is not subject to therequirements of part 280, subpart F ofthis chapter and which has occurredafter the effective date of the recycledused oil management program in effectin the State in which the release islocated, a burner must perform thefollowing cleanup steps:




10. Section 279.74 is amended byrevising paragraph (b) to read as follows:

§ 279.74 Tracking.

* * * * *(b) On-specification used oil delivery.

A generator, transporter, processor/re-refiner, or burner who first claims thatused oil that is to be burned for energyrecovery meets the fuel specificationsunder § 279.11 must keep a record ofeach shipment of used oil to the facilityto which it delivers the used oil.Records for each shipment must includethe following information:

(1) The name and address of thefacility receiving the shipment;

(2) The quantity of used oil fueldelivered;

(3) The date of shipment or delivery;and

(4) A cross-reference to the record ofused oil analysis or other informationused to make the determination that the

oil meets the specification as requiredunder § 279.72(a).* * * * *[FR Doc. 98–11376 Filed 5–5–98; 8:45 am]BILLING CODE 6560–50–P

FEDERAL EMERGENCYMANAGEMENT AGENCY

44 CFR Part 206

RIN 3067–AC67

Disaster Assistance; Public AssistanceProgram Appeals; Hazard MitigationGrant Program Appeals

AGENCY: Federal EmergencyManagement Agency (FEMA).ACTION: Correction of final rule.

SUMMARY: This document corrects thefinal rule published on Wednesday,April 8, 1998 (63 FR 17108). The rulepertains to review and disposition ofappeals related to Public Assistancegrants and the Hazard Mitigation GrantProgram.EFFECTIVE DATE: May 8, 1998.FOR FURTHER INFORMATION CONTACT:Robert F. Shea, Mitigation Directorate,Federal Emergency ManagementAgency, 500 C Street SW., Washington,DC 20472, (202) 646–3619, (facsimile)(202) 646–3104, about HMGP appeals;or Melissa M. Howard, Response andRecovery Directorate, FederalEmergency Management Agency, 500 CStreet SW., Washington, DC 20472,(202) 646–3053, facsimile (202) 646–3304, about Public Assistance appeals.SUPPLEMENTARY INFORMATION: TheFederal Emergency Management Agencypublished a final rule on April 8, 1998that changed from three to two thenumber of appeals allowed fromdecisions made about Public Assistancegrants and the Hazard Mitigation GrantProgram. As published the final rulecontained two incorrect citations, theone in the Supplementary Information,and the other in the rule. In theBackground statement of theSupplementary Information, the textread 44 CFR 202.206 and should haveread 44 CFR 206.206. In the rule,§ 206.206(e)(2) read 44 CFR 206.440 andshould have read 44 CFR 206.206.

Accordingly, the final rule publishedas FR Doc. 98–9207 on April 8, 1998, 63FR 17108, is corrected as follows:

(a) On page 17108, in the thirdcolumn, under SupplementaryInformation, Background, in the firstparagraph the second sentence iscorrected to read as follows:

37780 Federal Register / Vol. 63, No. 134 / Tuesday, July 14, 1998 / Rules and Regulations

(2) A veteran in need of regular aid andattendance who was formerly in receipt ofincreased pension as described in paragraph(a)(1) of this section whose pension has beendiscontinued solely by reason of excessincome, but only so long as such veteran’sannual income does not exceed themaximum annual income limitation by morethan $1,000, and

(b) The drugs and medicines are prescribedas specific therapy in the treatment of any ofthe veteran’s illnesses or injuries.

This document amends § 17.96 toallow prescriptions to be filled by non-VA pharmacies in state homes undercontract with VA for fillingprescriptions for patients in statehomes. State home pharmacies are fullyoperational facilities that in many casescan efficiently meet the needs ofveterans in the state homes. This actionis consistent with VA’s specialrelationship with state homes. It willeliminate duplication of services andwill help improve timeliness for fillingprescriptions in state homes.

Administrative Procedure Act

This document is published withoutregard to the notice and comment andeffective date provisions of 5 U.S.C. 553since it pertains to agency management.

Regulatory Flexibility Act

The Secretary hereby certifies that theadoption of this interim final rule willnot have a significant economic impacton a substantial number of small entitiesas they are defined in the RegulatoryFlexibility Act, 5 U.S.C. 601–612.

The rule at the most will have only aminuscule economic effect on any smallentity. Therefore, pursuant to 5 U.S.C.605(b), this interim final rule is exemptfrom the initial and final regulatoryflexibility analyses requirements of§§ 603 and 604.

Catalog of Federal Domestic AssistanceProgram Number

The Catalog of Federal DomesticAssistance program number for thisdocument is 64.012.


Administrative practice andprocedure, Alcohol abuse, Alcoholism,Claims, Day care, Dental health, Drugabuse, Foreign relations, Governmentcontracts, Grant programs-health, Grantprograms-veterans, Health care, Healthfacilities, Health professions, Healthrecords, Homeless, Medical and dentalschools, Medical devices, Medicalresearch, Mental health programs,Nursing homes, Philippines, Reportingand recordkeeping requirements,Scholarships and fellowships, Traveland transportation expenses, Veterans.

Approved: June 30, 1998.Togo D. West, Jr.,Secretary of Veterans Affairs.

For the reasons set forth above, 38CFR part 17 is amended as set forthbelow:

PART 17—MEDICAL


Authority: 38 U.S.C. 501, 1721, unlessotherwise noted.

2. In § 17.96, the introductory text isamended by removing ‘‘pharmacy’’ andadding, in its place, ‘‘pharmacy or anon-VA pharmacy in a state home undercontract with VA for fillingprescriptions for patients in statehomes’’; the authority citation at the endof paragraph (a) is removed; and anauthority citation is added at the end ofthe section to read as follows:

§ 17.96 Prescriptions filled.

* * * * *(Authority: 38 U.S.C. 1712 (d))

[FR Doc. 98–18644 Filed 7–13–98; 8:45 am]BILLING CODE 8320–01–P


40 CFR Parts 261 and 279

[FRL–6123–3]

RIN 2050–AE47

Hazardous Waste ManagementSystem; Identification and Listing ofHazardous Waste; Recycled Used OilManagement Standards

AGENCY: Environmental ProtectionAgency.ACTION: Removal of direct final ruleamendments.

SUMMARY: Today’s rule removes threeamendments to the used oilmanagement standards originallyincluded in the direct final rule of May6, 1998 and restores the regulatory textthat existed prior to the direct final rule.The Agency received relevant adversecomment on three provisions of thisrule which deal with mixtures ofconditionally exempt small quantitygenerator waste and used oil, theapplicability of the used oilmanagement standards to used oilcontaminated with polychlorinatedbiphenyls (PCBs), and record keepingrequirements for marketers of used oilmeeting the used oil fuel specification.EPA will consider the commentsreceived as it finalizes the remainingamendments in the near future.

EFFECTIVE DATE: July 14, 1998.

ADDRESSES: Public comments andsupporting materials are available forviewing in the RCRA Information Center(RIC), located at Crystal Gateway I, FirstFloor, 1235 Jefferson Davis Highway,Arlington, VA. The DocketIdentification Number is F–98-CUOP-FFFFF. The RIC is open from 9 a.m. to4 p.m., Monday through Friday,excluding federal holidays. To reviewdocket materials, it is recommendedthat the public make an appointment bycalling (703) 603–9230. The public maycopy a maximum of 100 pages from anyregulatory docket at no charge.Additional copies cost $0.15/page. Theindex and some supporting materialsare available electronically. See theSUPPLEMENTARY INFORMATION section forinformation on accessing them.

FOR FURTHER INFORMATION CONTACT:RCRA Hotline. For general information,contact the RCRA Hotline at (800) 424–9346 or TDD (800) 553–7672 (hearingimpaired). In the Washington, DCmetropolitan area, call (703) 412–9810or TDD (703) 412–3323.

Rulemaking Details. For moredetailed information on specific aspectsof this rulemaking, contact TomRinehart by mail at Office of SolidWaste (5304W), U.S. EnvironmentalProtection Agency, 401 M Street, SW,Washington, DC 20460, by phone at(703) 308–4309, or by Internet e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Withdrawal of Amendments thatReceived Relevant Adverse Comment

On May 6, 1998, EPA issued a directfinal rule (63 FR 24963) which includedeight amendments clarifying variousparts of the used oil managementstandards and provisions of thehazardous waste regulations concerningused oil. EPA also issued a notice ofproposed rulemaking on May 6, 1998(63 FR 25006), in which the Agencyproposed and solicited public commenton the same eight amendments. EPAreceived relevant adverse comments onthree of the amendments in thisrulemaking: the amendments to 40 CFR261.5(j) (mixtures of conditionallyexempt small quantity generator wasteand used oil), 40 CFR 279.10(i)(applicability of the used oilmanagement standards to used oilcontaminated with polychlorinatedbiphenyls (PCBs)), and 40 CFR 279.74(b)(recordkeeping requirements formarketers of used oil that meets theused oil fuel specification).Accordingly, today’s document removes

37781Federal Register / Vol. 63, No. 134 / Tuesday, July 14, 1998 / Rules and Regulations

these three amendments and reinstatesthe regulatory text that existed prior tothe May 6, 1998 direct final rule. EPAfinds that good cause exists under 5U.S.C. 553(b) to promulgate today’s rulein final form, because this rulereinstates regulatory requirementscurrently in effect. EPA will promulgatea final rule in the near future finalizingthe three amendments, as appropriate,and addressing the comments received.The five amendments that did notreceive relevant adverse commentbecame effective on July 6, 1998 asprovided in the May 6, 1998 direct finalrule.

EPA also received supportivecomments on the three amendmentsbeing removed as well as the otheramendments issued in the May 6, 1998direct final rule. All of the commentsreceived on the May 6, 1998 direct finalrule are available on the Internet asdescribed below and at the RCRAInformation Center identified in theADDRESSES section above.

Internet AvailabilityToday’s rule, the comments received

on the May 6, 1998 direct final rule andproposal (63 FR 24963 and 25006), andthe following supporting materials areavailable on the Internet:

Docket Item: Petition for Review.From: Edison Electric Institute, et al.To: U.S. Court of Appeals for the

District of Columbia Circuit.Docket Item: Petitioners’ Preliminary

and Non-binding Statement of Issues tobe Raised on Appeal.

From: Edison Electric Institute, et al.To: U.S. Court of Appeals for the

District of Columbia Circuit.Docket Item: Letter describing Edison

Electric Institute’s outstanding issuesand proposals for resolving these issues.


Agency.Docket Item: Letter describing Edison

Electric Institute’s issues including arequest that EPA issue a technicalcorrection to 40 CFR 279.10(i).


Agency.Docket Item: Letter requesting that

EPA resolve outstanding issues.From: Edison Electric Institute, et al.To: U.S. Environmental Protection

Agency.Docket Item: Settlement Agreement.From: Edison Electric Institute, et al,

U.S. Environmental Protection Agency,and U.S. Department of Justice.

To: U.S. Court of Appeals for theDistrict of Columbia Circuit.

Docket Item: Memorandum thatdescribes an abbreviated state

authorization revision applicationprocedure for state rule changes inresponse to minor federal rule changesor corrections.

From: Michael Shapiro, Director,Office of Solid Waste, EPA.

To: EPA Regional Waste ManagementDivision Directors.

Follow these instructions to accessthis information electronically: WWWURL: http://www.epa.gov/epaoswer/hazwaste/usedoil/index.htm.

FTP: ftp.epa.gov.Login: anonymous.Password: your Internet e-mail

address.Path: /pub/epaoswer.Note: The official record for this action will

be kept in paper form and maintained at theaddress in the ADDRESSES section above.

I. Regulatory Requirements

A. Analysis Under Executive Order12866, Executive Order 12875, thePaperwork Reduction Act, NationalTechnology Transfer and AdvancementAct of 1995, and Executive Order 13045

Today’s rule removes threeamendments issued as part of the May6, 1998 direct final rule and reinstatesthe regulatory text that existed prior tothe May 6, 1998 direct final rule andthat was in effect until July 6, 1998.Today’s action is not a ‘‘significantregulatory action’’ for the purposes ofExecutive Order 12866, and is thereforenot subject to review by the Office ofManagement and Budget. Today’s rulealso does not impose obligations onState, local or tribal governments for thepurposes of Executive Order 12875.

Section 12(d) of the NationalTechnology Transfer and AdvancementAct of 1995 (NTTAA), Pub L. No. 104–113, section 12(d) (15 U.S.C. 272 note)directs EPA to use voluntary consensusstandards in its regulatory activitiesunless to do so would be inconsistentwith applicable law or otherwiseimpractical. Voluntary consensusstandards are technical standards (e.g.,materials specifications, test methods,sampling procedures, and businesspractices) that are developed or adoptedby voluntary consensus standardsbodies. The NTTAA directs EPA toprovide Congress, through OMB,explanations when the Agency decidesnot to use available and applicablevoluntary consensus standards. Neitherthis action nor the direct final ruleinvolve technical standards. Therefore,EPA did not consider the use of anyvoluntary standards in this rulemaking.Today’s rule is not subject to E.O.13045, entitled ‘‘Protection of Childrenfrom Environmental Health Risks andSafety Risks’’ (62 FR 19885, April 23,

1997), because this action is not aneconomically significant rule, and itdoes not involve decisions onenvironmental health risks or safetyrisks that may disproportionately affectchildren. Under the PaperworkReduction Act, 44 U.S.C. 3501 et seq.,EPA must consider the paperworkburden imposed by any informationcollection request in a proposed or finalrule. This rule will not impose any newinformation collection requirements.

B. Submission to Congress and theGeneral Accounting Office

Under 5 U.S.C. 801(a)(1)(A), EPAsubmitted a report containing this ruleand other required information to theU.S. Senate, the U.S. House ofRepresentatives and the ComptrollerGeneral of the General AccountingOffice prior to publication of the rule intoday’s Federal Register. This rule isnot a ‘‘major rule’’ as defined by 5U.S.C. 804(2).

II. Immediate Effective Date

Because the regulated communitydoes not need 6 months to come intocompliance with this rule, EPA finds,pursuant to RCRA section 3010(b)(1),that this rule can be made effective inless than six months. Also, EPA findsthat good cause exists under 5 U.S.C.553(d)(3) to waive the requirement thatregulations be published at least 30 daysbefore they become effective, becausethis rule reinstates regulatoryrequirements.

List of Subjects

40 CFR Part 261

Environmental protection, Hazardouswaste, Recycling, Reporting andrecordkeeping requirements.

40 CFR Part 279

Conditionally exempt small quantitygenerator (CESQG), Environmentalprotection, Hazardous waste,Polychlorinated biphenyls (PCBs), Solidwaste, Recycling, Response to releases,Used oil, Used oil specification.

Dated: July 6, 1998.Carol M. Browner,Administrator.

For the reasons set out in thepreamble, chapter I of title 40 of theCode of Federal Regulations is amendedas follows:

PART 261—IDENTIFICATION ANDLISTING OF HAZARDOUS WASTE


37782 Federal Register / Vol. 63, No. 134 / Tuesday, July 14, 1998 / Rules and Regulations

Authority: 42 U.S.C. 6905, 6912(a), 6921–6927, 6930, 6934, 6935, 6937, 6938, 6939,and 6974.

2. Section 261.5 is amended byrevising paragraph (j) to read as follows:

§ 261.5 Special requirements forhazardous waste generated by conditionallyexempt small quantity generators.

* * * * *(j) If a conditionally exempt small

quantity generator’s wastes are mixedwith used oil, the mixture is subject topart 279 of this chapter if it is destinedto be burned for energy recovery. Anymaterial produced from such a mixtureby processing, blending, or othertreatment is also so regulated if it isdestined to be burned for energyrecovery.

PART 279—STANDARDS FOR THEMANAGEMENT OF USED OIL


Authority: Sections 1006, 2002(a), 3001through 3007, 3010, 3014, and 7004 of theSolid Waste Disposal Act, as amended (42U.S.C. 6905, 6912(a), 6921 through 6927,6930, 6934, and 6974); and sections 101(37)and 114(c) of CERCLA (42 U.S.C. 9601(37)and 9614(c)).

4. Section 279.10 is amended byrevising paragraph (i) to read as follows:

§ 279.10 Applicability.

* * * * *(i) Used oil containing PCBs. In

addition to the requirements of this part,marketers and burners of used oil whomarket used oil containing anyquantifiable level of PCBs are subject tothe requirements found at 40 CFR761.20(e).

5. Section 279.74 is amended byrevising paragraph (b) to read as follows:

§ 279.74 Tracking.

* * * * *(b) On-specification used oil delivery.

A generator, transporter, processor/re-refiner, or burner who first claims thatused oil that is to be burned for energyrecovery meets the fuel specificationsunder § 279.11 must keep a record ofeach shipment of used oil to an on-specification used oil burner. Recordsfor each shipment must include thefollowing information:

(1) The name and address of thefacility receiving the shipment;

(2) The quantity of used oil fueldelivered;

(3) The date of shipment or delivery;and

(4) A cross-reference to the record ofused oil analysis or other information

used to make the determination that theoil meets the specification as requiredunder § 279.72(a).* * * * *[FR Doc. 98–18423 Filed 7–13–98; 8:45 am]BILLING CODE 6560–50–P


40 CFR Part 300

[FRL–6123–6]

National Oil and HazardousSubstances Contingency Plan;National Priorities List Update

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Notice of deletion of the NovacoIndustries Superfund site from theNational Priorities List (NPL).

SUMMARY: The Environmental ProtectionAgency (EPA) announces the deletion ofthe Novaco Industries Site in Michiganfrom the National Priorities List (NPL).The NPL is Appendix B of 40 CFR part300 which is the National Oil andHazardous Substances Contingency Plan(NCP), which EPA promulgatedpursuant to section 105 of theComprehensive EnvironmentalResponse, Compensation, and LiabilityAct of 1980 (CERCLA), as amended.This action is being taken by EPA andthe State of Michigan, because it hasbeen determined that ResponsibleParties have implemented allappropriate response actions required.Moreover, EPA and the State ofMichigan have determined thatremedial actions conducted at the site todate remain protective of public health,welfare, and the environment.EFFECTIVE DATE: July 14, 1998.FOR FURTHER INFORMATION CONTACT:Russell Hart at (312) 886–4844 (SR–6J),Remedial Project Manager or GladysBeard at (312) 886–7253, AssociateRemedial Project Manager, SuperfundDivision, U.S. EPA—Region V, 77 WestJackson Blvd., Chicago, IL 60604.Information on the site is available atthe local information repository locatedat: The Bedford Township Hall andMonroe County Library-Bedford,Bedford, Michigan. Requests forcomprehensive copies of documentsshould be directed formally to theRegional Docket Office. The contact forthe Regional Docket Office is JanPfundheller (H–7J), U.S. EPA, Region V,77 W. Jackson Blvd., Chicago, IL 60604,(312) 353–5821.

SUPPLEMENTARY INFORMATION: The site tobe deleted from the NPL is: NovacoIndustries Site located in Temperance,Michigan. A Notice of Intent to Deletefor this site was published May 27, 1998(63 FR 28961). The closing date forcomments on the Notice of Intent toDelete was June 26, 1998. EPA receivedno comments and therefore noResponsiveness Summary was prepared.

The EPA identifies sites which appearto present a significant risk to publichealth, welfare, or the environment andit maintains the NPL as the list of thosesites. Sites on the NPL may be thesubject of Hazardous SubstanceResponse Trust Fund (Fund-) financedremedial actions. Any site deleted fromthe NPL remains eligible for Fund-financed remedial actions in theunlikely event that conditions at the sitewarrant such action. Section300.425(e)(3) of the NCP states thatFund-financed actions may be taken atsites deleted from the NPL in theunlikely event that conditions at the sitewarrant such action. Deletion of a sitefrom the NPL does not affect responsibleparty liability or impede agency effortsto recover costs associated withresponse efforts.


Environmental protection, Airpollution control, Chemicals, Hazardoussubstances, Hazardous waste,Intergovernmental relations, Penalties,Reporting and recordkeepingrequirements, Superfund, Waterpollution control, Water supply.

Dated: July 1, 1998.

David Ullrich,

Acting Regional Administrator, Region V.

40 CFR part 300 is amended asfollows:

PART 300—[AMENDED]


Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,1991 Comp., p.351; E.O. 12580, 52 FR 2923,3 CFR, 1987 Comp., p. 193.

Appendix B [Amended]

2. Table 1 of Appendix B to part 300is amended by removing the Site‘‘Novaco Industries, Temperance,Michigan.’’[FR Doc. 98–18588 Filed 7–13–98; 8:45 am]

BILLING CODE 6560–50–P

Documents

1EPA Managing Used Oil Advice for Small Businesses T · · 2005-06-13Managing Used Oil Advice for Small Businesses United States ... 9346.Small businesses should also refer to EPA’s