44659
Federal
Register
/
Vol.
68,
No.
146
/
Wednesday,
July
30,
2003
/
Rules
and
Regulations
[
FR
Doc.
03
 
19285
Filed
7
 
29
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Parts
261
and
279
[
RCRA
 
1998
 
0015;
FRL
 
7537
 
4]

RIN
2050
 
AF07
Hazardous
Waste
Management
System;
Identification
and
Listing
of
Hazardous
Waste;
Recycled
Used
Oil
Management
Standards
AGENCY:
Environmental
Protection
Agency.
ACTION:
Final
rule.

SUMMARY:
Today's
final
rule
eliminates
drafting
errors
and
ambiguities
in
the
used
oil
management
standards.
Specifically,
this
rule
clarifies
when
used
oil
contaminated
with
polychlorinated
biphenyls
(
PCBs)
is
regulated
under
the
RCRA
used
oil
management
standards
and
when
it
is
not;
that
mixtures
of
conditionally
exempt
small
quantity
generator
(
CESQG)
waste
and
used
oil
are
subject
to
the
RCRA
used
oil
management
standards
irrespective
of
how
that
mixture
is
to
be
recycled;
and
that
the
initial
marketer
of
used
oil
that
meets
the
used
oil
fuel
specification
need
only
keep
a
record
of
a
shipment
of
used
oil
to
the
facility
to
which
the
initial
marketer
delivers
the
used
oil.
DATES:
This
final
rule
will
become
effective
on
September
29,
2003.
ADDRESSES:
Public
comments
and
supporting
materials
are
available
for
viewing
in
the
EPA
Docket
Center,
located
at
1301
Constitution
Avenue,
NW,
Washington,
DC.
The
Docket
ID
Number
is
RCRA
 
1998
 
0015.
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
Call
Center
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
Mike
Svizzero
by
mail
at
Office
of
Solid
Waste
(
5303W),
U.
S.
Environmental
Protection
Agency,
1200
Pennsylvania
Avenue
NW.,
Washington,
DC
20460,
by
phone
at
(
703)
308
 
0046,
or
by
Internet
e­
mail
at
svizzero.
michael@
epa.
gov.

SUPPLEMENTARY
INFORMATION:
I.
General
Information
EPA
has
established
an
official
public
docket
for
this
action
under
Docket
ID
No.
RCRA
 
1998
 
0015.
The
official
public
docket
is
the
collection
of
materials
that
is
available
for
public
viewing
at
the
OSWER
Docket
in
the
EPA
Docket
Center
(
EPA/
DC),
EPA
West
Building,
Room
B102,
1301
Constitution
Ave
NW.,
Washington,
DC.
The
EPA
Docket
Center
Public
Reading
Room
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
telephone
number
for
the
Public
Reading
Room
is
(
202)
566
 
1744,
and
the
telephone
number
for
the
OSWER
Docket
is
(
202)
566
 
0270.
You
may
access
this
Federal
Register
document
electronically
through
the
EPA
Internet
under
the
``
Federal
Register''
listings
at
http://
www.
epa.
gov/
fedrgstr/.
An
electronic
version
of
the
public
docket
is
available
through
EPA's
electronic
public
docket
and
comment
system,
EPA
Dockets.
You
may
use
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/
to
view
public
comments,
access
the
index
listing
of
the
contents
of
the
official
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Although
not
all
docket
materials
may
be
available
electronically,
you
may
still
access
any
of
the
publicly
available
docket
materials
through
the
docket
facility
identified
above.
Once
in
the
system,
select
``
search''
and
then
key
in
the
appropriate
docket
identification
number.

Outline
of
Today's
Document
I.
Authority
II.
Background
and
Regulatory
Amendments
A.
Applicability
of
the
Used
Oil
Management
Standards
to
PCB
Contaminated
Used
Oil
B.
Mixtures
of
CESQG
Waste
and
Used
Oil
C.
Clarification
of
the
Recordkeeping
Requirements
for
Marketers
of
On­
Specification
Used
Oil
III.
State
Authority
IV.
Statutory
and
Executive
Order
Reviews
A.
Executive
Order
12866:
Regulatory
Planning
and
Review
B.
Paperwork
Reduction
Act
C.
Regulatory
Flexibility
Act
D.
Unfunded
Mandates
Reform
Act
E.
Executive
Order
13132:
Federalism
F.
Executive
Order
13175:
Consultation
and
Coordination
with
Indian
Tribal
Governments
G.
Executive
Order
13045:
Children's
Health
H.
Executive
Order
13211:
Energy
Effects
I.
National
Technology
Transfer
and
Advancement
Act
of
1995
J.
Congressional
Review
Act
V.
Effective
Date
I.
Authority
These
regulations
are
issued
under
the
authority
of
sections
1004,
1006,
2002(
a),
3001
through
3007,
3010,
3013,
3014,
3016
through
3018,
and
7004
of
the
Solid
Waste
Disposal
Act,
as
amended
by
the
Resource
Conservation
and
Recovery
Act,
and
as
amended
by
the
Used
Oil
Recycling
Act,
as
amended,
42
U.
S.
C.
6901,
6905,
6912(
a),
6921
through
6927,
6930,
6934,
6935,
6937
through
6939
and
6974.

II.
Background
and
Regulatory
Amendments
Today's
final
rule
reinstates,
with
some
modifications,
three
amendments
to
the
RCRA
used
oil
management
standards
of
40
CFR
Part
279.
These
amendments
were
issued
on
May
6,
1998
as
a
direct
final
rule,
but
were
retracted
on
July
14,
1998
because
of
adverse
public
comment
to
the
amendments
(
see
63
FR
24963
and
63
FR
25006).
One
of
the
withdrawn
amendments,
applicability
of
the
used
oil
management
standards
to
PCB
contaminated
used
oil,
was
a
clarification
of
the
applicability
of
the
RCRA
used
oil
management
standards
to
PCB
contaminated
used
oil.
This
clarification
was
undertaken
as
part
of
a
settlement
agreement
to
resolve
a
lawsuit
challenging
a
final
rule
promulgated
on
May
3,
1993,
(
58
FR
26420)
regarding
EPA's
used
oil
regulations.
Edison
Electric
Institute
v.
U.
S.
EPA
(
D.
C.
Circuit
No.
93
 
1474).
Specifically,
the
May
1993
rule
corrected
technical
errors
and
provided
clarifying
amendments
to
the
used
oil
management
standards
promulgated
on
September
10,
1992
(
57
FR
41566).
The
other
amendments
reinstated
today
clarify
(
1)
that
mixtures
of
conditionally
exempt
small
quantity
generator
(
CESQG)
waste
and
used
oil
are
subject
to
the
used
oil
management
standards
irrespective
of
how
that
mixture
is
to
be
recycled
and
(
2)
that
the
initial
marketer
of
used
oil
that
meets
the
used
oil
fuel
specification
need
only
keep
a
record
of
a
shipment
of
used
oil
to
the
facility
to
which
the
initial
marketer
delivers
the
used
oil.

A.
Applicability
of
the
Used
Oil
Management
Standards
to
PCB
Contaminated
Used
Oil
Today's
rule
amends
40
CFR
279.10(
i)
to
clarify
the
applicability
of
the
RCRA
used
oil
management
standards
to
used
oil
containing
PCBs.
The
amendment
clarifies
that
used
oil
that
contains
less
than
50
ppm
of
PCBs
is
generally
subject
to
regulation
under
the
RCRA
used
oil
management
standards.
However,
the
amendment
notes
that
the
VerDate
jul<
14>
2003
15:
52
Jul
29,
2003
Jkt
200001
PO
00000
Frm
00051
Fmt
4700
Sfmt
4700
E:\
FR\
FM\
30JYR1.
SGM
30JYR1
44660
Federal
Register
/
Vol.
68,
No.
146
/
Wednesday,
July
30,
2003
/
Rules
and
Regulations
Toxic
Substances
Control
Act
(
TSCA)
prohibition
against
the
dilution
of
PCB
concentrations
below
regulatory
thresholds
(
40
CFR
761.1(
b)(
5))
applies
to
the
dilution
of
PCB­
containing
used
oil.
Used
oil,
therefore,
that
contains,
or
contained
prior
to
dilution,
50
ppm
or
greater
of
PCBs
is
not
subject
to
regulation
under
the
RCRA
used
oil
management
standards,
because
the
TSCA
regulations
at
40
CFR
Part
761
provide
comprehensive
management
of
such
used
oil.
For
used
oil
that
contains
PCB
concentrations
of
2
ppm
or
greater,
but
less
than
50
ppm
(
other
than
those
diluted
to
below
50
ppm),
TSCA
regulates
the
burning
of
used
oil
for
energy
recovery
at
40
CFR
761.20(
e).
Such
used
oil
is
also
regulated
under
the
RCRA
used
oil
management
standards
at
40
CFR
Part
279.
Table
1
shows
the
applicability
of
the
RCRA
and
TSCA
regulations
as
they
pertain
to
used
oil
containing
PCBs
that
is
to
be
burned
for
energy
recovery.
Please
note,
under
the
TSCA
regulations
at
40
CFR
761.20(
e)(
2),
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
or
other
information.
Used
oil
that
is
to
be
burned
for
energy
recovery
and
has
been
shown
to
contain
less
than
2
ppm
PCBs
(
if
it
has
not
been
diluted)
is
subject
to
record
keeping
and
retention
requirements
under
TSCA
(
40
CFR
761.20(
e)(
2),
(
e)(
4))
and
is
regulated
under
the
RCRA
used
oil
management
standards.
TSCA
regulations
prohibit
the
burning
for
energy
recovery
of
used
oil
that
contains
(
or
contained
prior
to
dilution)
PCB
concentrations
of
50
ppm
or
greater
(
40
CFR
761.20(
a)).

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

Range
of
PCB
contamination
levels
in
used
oil
(
ppm)
Does
RCRA
regulate
this
used
oil
if
it
is
to
be
burned
for
energy
recovery?
b
Does
TSCA
regulate
this
used
oil
if
it
is
to
be
burned
for
energy
recovery?
b
Demonstrated
to
contain
less
than
2
...............................
Yes
(
part
279)
....................
Yes
(
761.20(
e)(
2),
(
e)(
4)).
a
2
to
less
than
50
...............................................................
Yes
(
part
279)
....................
Yes
(
761.20(
e)).
50
and
greater
..................................................................
No
(
part
279)
......................
Yes
(
prohibited)
(
761.60).

a
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
or
other
information.
TSCA
imposes
record
keeping
and
retention
requirements.
b
Assumes
no
dilution.
No
person
may
avoid
any
provision
under
TSCA
specifying
a
PCB
concentration
by
diluting
the
PCBs,
unless
otherwise
provided.
See
40
CFR
761.1(
b)(
5).

Used
oil
containing
less
than
50
ppm
PCBs
that
is
recycled
in
a
manner
other
than
being
burned
for
energy
recovery
is
generally
excluded
from
TSCA
requirements
except
where:
(
1)
Used
oil
was
diluted
to
below
50
ppm
PCBs,
or
(
2)
the
PCB
containing
used
oil
or
source
of
the
PCB­
containing
used
oil
to
be
recycled
was
not
legally
manufactured,
processed,
distributed
in
commerce
or
used
under
TSCA.
See
40
CFR
761.3
(
definition
of
``
excluded
PCB
products'');
761.20(
a)(
1);
and
761.20(
c).
However,
40
CFR
761.20(
d)
of
the
TSCA
regulations
prohibits
the
use
of
used
oil
that
contains
any
detectable
concentration
of
PCBs
as
a
sealant,
coating,
or
dust
control
agent.
This
prohibition
specifically
includes
road
oiling
and
general
dust
control.
Use
of
used
oil
as
a
dust
suppressant
is
also
prohibited
under
RCRA
except
in
a
state
that
has
received
authorization
from
EPA
to
allow
use
of
used
oil
as
a
dust
suppressant.
Currently
no
states
have
received
such
authorization.
In
the
event
that
a
state
were
authorized
to
use
used
oil
as
a
dust
suppressant
pursuant
to
40
CFR
279.82,
the
prohibition
in
40
CFR
761.20(
d)
would
still
apply,
however.

Dilution
of
PCB­
Containing
Used
Oil
The
Agency
received
comment
on
the
May
6,
1998
proposal
(
63
FR
24963)
related
to
the
applicability
of
the
dilution
prohibition
of
40
CFR
761.1(
b)(
5)
to
used
oil
that
contains
PCBs.
One
commenter
raised
a
concern
that
the
May
6,
1998
proposal
was
unclear
as
to
how
PCB­
contaminated
used
oils
that
have
been
diluted
(
below
either
the
50
ppm
or
2
ppm
TSCA
PCB
regulatory
thresholds)
are
regulated.
Used
oil
that
contains
PCBs
may
not
be
diluted
under
TSCA
to
avoid
a
particular
regulatory
requirement
unless
otherwise
specifically
provided
by
the
TSCA
regulations.
The
TSCA
PCB
regulations
at
40
CFR
761.1(
b)(
5)
prohibit
the
dilution
of
PCBs
to
avoid
regulatory
requirements.
This
prohibition
is
repeated
in
the
definition
of
``
excluded
PCB
products''
in
40
CFR
761.3.
Accordingly,
used
oil
that
contained
PCB
concentrations
greater
than
or
equal
to
50
ppm
and
that
was
subsequently
diluted
to
a
concentration
of
less
than
50
ppm
PCBs,
is
still
regulated
under
TSCA
as
used
oil
that
contains
a
PCB
concentration
of
50
ppm
or
greater.
This
diluted
used
oil
is
subject
to
comprehensive
management
under
TSCA
and,
therefore,
is
not
regulated
under
the
RCRA
used
oil
management
standards.
Likewise,
used
oil
that
contained
a
maximum
PCB
concentration
of
2
ppm
or
greater,
but
less
than
50
ppm,
which
is
subsequently
diluted
to
a
concentration
of
less
than
2
ppm,
is
still
regulated
under
TSCA
as
used
oil
that
contains
a
concentration
greater
than
2
ppm
PCBs.
(
Note,
however,
that
used
oils
of
unknown
concentration
can
be
mixed
with
other
such
used
oils
in
a
common
container
and
subsequently
tested
to
determine
if
it
is
less
than
2
ppm
PCB.
See
40
CFR
761.20(
e)(
2)
and
761.60(
g)(
2)).
The
TSCA
regulations
do
allow,
however,
for
the
decontamination
of
used
oil
at
PCB
concentrations
of
50
ppm
or
greater
to
a
concentration
below
2
ppm
if
specified
decontamination
methods
(
e.
g.,
filtering)
are
used.
Such
decontaminated
used
oil
is
exempt
from
most
TSCA
management
standards
(
other
than
40
CFR
761.20(
e)(
2),
(
e)(
4)
and
761.79(
f))
and
is
regulated
under
the
RCRA
used
oil
management
standards.
See
40
CFR
761.79(
a)(
3)
and
761.79(
b).

Applicability
of
the
Used
Oil
Fuel
Specification
to
PCB­
Containing
Used
Oil
There
has
been
confusion
in
the
regulated
community
that
the
presence
of
PCBs
in
used
oil
is
one
of
the
criteria
for
determining
whether
a
used
oil
fuel
subject
to
the
RCRA
used
oil
management
standards
meets
the
fuel
specification
standard
such
that
it
may
be
burned
for
energy
recovery
without
further
regulation
under
RCRA.
In
fact,
one
of
the
comments
received
in
response
to
the
May
6,
1998
proposal
implied
that
used
oil
that
contains
PCB
concentrations
of
2
ppm
or
greater,
but
less
than
50
ppm
is
off­
specification
used
oil
due
to
its
PCB
content.
This
is
incorrect.
As
described
above,
the
concentration
of
PCBs
in
used
oil
is
relevant
to
determining
whether
a
used
VerDate
jul<
14>
2003
15:
52
Jul
29,
2003
Jkt
200001
PO
00000
Frm
00052
Fmt
4700
Sfmt
4700
E:\
FR\
FM\
30JYR1.
SGM
30JYR1
44661
Federal
Register
/
Vol.
68,
No.
146
/
Wednesday,
July
30,
2003
/
Rules
and
Regulations
oil
is
subject
to
the
RCRA
used
oil
management
standards.
However,
for
those
used
oils
subject
to
the
RCRA
used
oil
management
standards,
the
presence
of
PCBs
is
not
one
of
the
criteria
for
determining
whether
a
used
oil
fuel
meets
the
used
oil
fuel
specification.
However,
used
oil
that
contains
PCB
concentrations
of
2
ppm
or
greater,
but
less
than
50
ppm,
and
is
burned
for
energy
recovery
is
also
subject
to
requirements
under
the
TSCA
PCB
regulations,
specifically
40
CFR
761.20(
e).
These
TSCA
requirements
incorporate
by
reference
certain
RCRA
Part
279
``
off­
specification''
used
oil
requirements.
(
See
the
discussion
below
for
an
explanation
of
the
regulation
of
PCB­
containing
used
oil
that
is
burned
for
energy
recovery.)

RCRA
Requirements
The
RCRA
used
oil
specification
criteria
are
set
forth
at
40
CFR
279.11.
The
specification
criteria
establish
which
used
oil
fuels
may
be
burned
in
nonindustrial
burners
without
regulation
under
RCRA.
The
used
oil
fuel
specification
sets
maximum
allowable
limits
for
arsenic,
cadmium,
chromium,
lead,
and
total
halogens,
as
well
as
a
minimum
flash
point.
Although
the
PCB
regulations
promulgated
pursuant
to
TSCA
are
referenced
in
a
note
to
Table
1
in
§
279.11,
the
presence
of
PCBs
in
used
oil
is
not
one
of
the
criteria
for
determining
whether
used
oil
that
is
to
be
burned
for
energy
recovery
meets
the
fuel
specification
for
purposes
of
RCRA
regulation.
Used
oil
that
is
to
be
burned
for
energy
recovery
and
that
meets
the
RCRA
fuel
specifications
of
§
279.11
(``
on­
specification''
used
oil)
is
not
regulated
under
the
authority
of
Part
279
provided
that:
(
1)
Certain
conditions
for
used
oil
fuel
marketers
are
met,
and
(
2)
the
used
oil
is
not
mixed
or
contaminated
with
hazardous
waste.
(
Applicable
on­
specification
used
oil
fuel
marketer
requirements
can
be
found
at
§
§
279.72,
279.73,
and
279.74(
b).)
This
is
the
case,
notwithstanding
that
a
used
oil
fuel
may
contain
PCBs.
Although
the
RCRA
regulations
do
not
identify
the
presence
of
PCBs
in
used
oil
as
relevant
to
the
determination
of
whether
the
used
oil
is
on­
or
off­
specification,
the
presence
of
PCBs
in
used
oil
is
relevant
for
determining
the
applicability
of
the
TSCA
regulations
for
the
burning
of
used
oil.

TSCA
Requirements
The
TSCA
rules
(
specifically,
40
CFR
761.20(
e)(
2))
establish
a
presumption
that
detectable
quantities
of
PCBs
are
present
in
used
oils
to
be
burned
for
energy
recovery.
The
presumption
can
be
overcome
if
a
marketer
determines
through
testing
or
other
specified
procedures
that
the
used
oil
fuel
does
not
contain
quantifiable
levels
(
2
ppm)
of
PCBs.
TSCA
rules
found
at
40
CFR
761.20(
a)
also
prohibit
burning
for
energy
recovery
of
used
oil
that
contains
(
or
contained
prior
to
dilution)
PCBs
at
concentrations
of
50
ppm
and
greater.
In
addition,
§
§
761.1(
b)(
5)
prohibits
dilution
to
attain
PCB
concentrations
either
below
50
ppm
or
below
2
ppm.
(
However,
see
decontamination
provisions
at
40
CFR
761.79(
a)(
3)
and
761.79(
b).)
The
TSCA
regulations
establish
requirements
for
the
marketing
and
burning
for
energy
recovery
of
used
oils
containing
detectable
quantities
of
PCBs
at
concentrations
of
2
ppm
or
greater,
but
less
than
50
ppm
(
40
CFR
761.20(
e)).
Some
of
these
requirements
are
incorporations
by
reference
of
Part
279
requirements
for
the
marketing
and
burning
for
energy
recovery
of
offspecification
used
oil.
Therefore,
by
operation
of
the
TSCA
rules,
used
oil
that
is
on­
specification
under
the
RCRA
rules
may
nevertheless
be
subject
to
certain
requirements
specified
in
the
RCRA
rules
for
off­
specification
used
oil.
Specifically,
for
used
oil
burners,
the
TSCA
rules
reference
some
of
the
RCRA
off­
specification
burner
requirements
of
Part
279
Subpart
G,
including
restrictions
on
burning,
notification
requirements,
tracking
requirements,
certification
requirements
and
record
keeping
requirements.
(
See
40
CFR
761.20(
e)(
3)
 
(
4)).
For
used
oil
marketers,
the
TSCA
rules,
with
limited
exceptions,
restrict
marketing
to
qualified
incinerators,
to
marketers
who
market
off­
specification
used
oils,
and
to
off­
specification
burners
as
defined
in
the
RCRA
Part
279
regulations
(
See
40
CFR
761.20(
e)(
1)).
The
TSCA
rules
also
reference
the
RCRA
regulatory
provisions
for
marketers
in
Part
279
Subpart
H,
including
record
retention,
notification,
tracking,
and
certification.
The
fact
that
the
TSCA
rules
incorporate
by
reference
these
RCRA
standards
does
not
by
itself
mean
that
PCB­
containing
used
oil
is
regulated
under
RCRA
authority
or
that
such
used
oil
is
offspecification
as
defined
by
Part
279.

B.
Mixtures
of
CESQG
Waste
and
Used
Oil
Today's
rule
harmonizes
the
applicability
of
40
CFR
Part
261
and
Part
279
to
mixtures
of
conditionally
exempt
small
quantity
generator
(
CESQG)
waste
and
used
oil
that
are
to
be
recycled.
Specifically,
the
rule
makes
clear
that
mixtures
of
CESQG
waste
and
used
oil
that
are
to
be
recycled
are
regulated
as
used
oil
under
the
used
oil
management
standards.
Notwithstanding
EPA's
regulatory
intent,
the
CESQG
provision,
40
CFR
261.5(
j),
that
references
the
applicability
of
the
used
oil
management
standards
to
mixtures
of
CESQG
waste
and
used
oil
that
are
to
be
recycled,
appears
to
limit
the
applicability
of
the
used
oil
management
standards
to
mixtures
that
are
to
be
recycled
by
burning
for
energy
recovery.
Section
261.5(
j),
therefore,
incorrectly
suggests
that
mixtures
of
CESQG
wastes
and
used
oil
that
are
to
be
recycled
in
a
manner
other
than
by
burning
for
energy
recovery,
such
as
by
re­
refining,
would
not
be
subject
to
the
used
oil
management
standards.
Indeed,
because
CESQG
wastes
are
not
regulated
as
hazardous
wastes,
§
261.5(
j)
would
suggest
that
such
mixtures
that
are
rerefined
would
not
be
subject
to
regulation
under
RCRA
Subtitle
C
or
the
used
oil
management
standards.
The
used
oil
management
standards,
however,
apply
to
used
oil
to
be
recycled
irrespective
of
what
form
of
recycling
is
to
be
employed.
By
its
terms,
the
presumption
in
40
CFR
279.10(
a)
that
used
oil
is
to
be
recycled
(
such
that
used
oil
is
presumptively
subject
to
the
used
oil
management
standards,
unless
it
is
disposed
or
sent
for
disposal),
encompasses
any
type
of
recycling.
The
recycling
presumption
does
not,
for
instance,
condition
the
applicability
of
the
used
oil
management
standards
on
whether
used
oil
is
recycled
by
burning
for
energy
recovery
or
by
re­
refining.
Since
Part
279
applies
to
used
oil
that
is
to
be
recycled
without
regard
to
how
the
used
oil
is
to
be
recycled,
Part
279
also
applies
to
mixtures
of
used
oil
and
CESQG
wastes
that
are
to
be
recycledirrespective
of
how
that
mixture
is
to
be
recycled.
The
apparent
limitation
contained
in
§
261.5(
j),
which
would
limit
the
applicability
of
the
used
oil
management
standards
to
mixtures
to
be
burned
for
energy
recovery,
is
an
artifact
of
the
pre­
1992
used
oil
regulations
at
40
CFR
Part
266,
which
only
regulated
the
burning
of
used
oil.
When
the
expanded
used
oil
management
standards
were
promulgated
on
September
10,
1992,
the
Agency
inadvertently
failed
to
amend
§
261.5(
j)
to
reflect
the
broader
scope
of
the
new
Part
279.
Indeed,
the
corresponding
provision
in
Part
279
that
addresses
mixtures
of
CESQG
wastes
and
used
oil
to
be
recycled,
§
279.10(
b)(
3),
does
not
contain
the
apparent
limitation
found
in
§
261.5(
j)
that
would
limit
the
VerDate
jul<
14>
2003
15:
52
Jul
29,
2003
Jkt
200001
PO
00000
Frm
00053
Fmt
4700
Sfmt
4700
E:\
FR\
FM\
30JYR1.
SGM
30JYR1
44662
Federal
Register
/
Vol.
68,
No.
146
/
Wednesday,
July
30,
2003
/
Rules
and
Regulations
applicability
of
the
used
oil
management
standards
to
mixtures
to
be
burned
for
energy
recovery.
Therefore,
today's
rule
amends
§
261.5(
j)
as
it
should
have
been
amended
in
1992
to
reflect
the
greater
scope
of
Part
279
and
to
eliminate
any
potential
ambiguity
over
the
applicability
of
the
used
oil
management
standards
to
mixtures
of
CESQG
wastes
and
used
oil
to
be
recycled.
This
amendment
does
not
impose
additional
regulatory
requirements
on
this
category
of
CESQG
waste.
These
wastes
have
been
and
continue
to
be
regulated
under
40
CFR
279.10(
b)(
3).
The
Agency
received
one
comment
opposing
this
amendment
from
a
state
in
response
to
the
May
6,
1998
proposal.
The
comment
stated
that
mixtures
of
conditionally
exempt
small
quantity
generator
(
CESQG)
waste
and
used
oil
should
only
be
regulated
as
used
oil
if
it
is
to
be
recycled
by
burning
for
energy
recovery.
This
comment
opens
up
the
merits
of
the
original
rule
(
§
279.10(
b)(
3))
and
that
is
not
the
intent
of
today's
final
rule.
Today's
final
rule
intends
only
to
make
certain
conforming
changes
to
§
261.5(
j)
to
correctly
reflect
EPA's
original
intent
in
the
September
10,
1992
Part
279
used
oil
management
standards
rule.
EPA
addressed
the
merits
of
the
original
rule
in
that
previous
rulemaking
and
EPA
is
not
reopening
that
issue
in
this
final
rule.
Even
if
EPA
were
to
reopen
this
issue
in
today's
rulemaking
and
to
address
the
merits
of
this
issue,
EPA
would
come
to
the
same
conclusion
as
it
did
in
the
previous
rulemaking.
EPA
is
not
aware
of
any
reason
for
distinguishing
used
oil
being
burned
for
energy
recovery
from
used
oil
being
recycled
in
other
ways,
and
the
commenter
did
not
provide
any.
Notwithstanding
this
clarification
of
the
federal
regulations,
the
state
may
regulate
mixtures
of
CESQG
waste
and
used
oil
more
stringently
than
the
federal
used
oil
management
program.

C.
Clarification
of
the
Recordkeeping
Requirements
for
Marketers
of
On­
Specification
Used
Oil
Today's
rule
amends
40
CFR
279.74(
b)
to
clarify
that
the
marketer
who
first
claims
that
used
oil
that
is
to
be
burned
for
energy
recovery
meets
the
fuel
specification
(
on­
specification
used
oil)
must
only
keep
a
record
of
a
shipment
of
used
oil
to
the
facility
to
which
the
initial
marketer
delivers
the
used
oil.
The
preamble
to
the
November
29,
1985
rule
(
50
FR
49164
at
49189)
clearly
describes
the
agency's
intent
to
only
track
on­
specification
used
oil
that
is
to
be
burned
for
energy
recovery
one
step
beyond
the
initial
marketer.
When
these
recordkeeping
requirements
were
recodified
at
40
CFR
279.74(
b)
(
57
FR
41566,
September
10,
1992),
the
regulations
required
that
a
marketer
must
keep
a
record
of
each
shipment
of
used
oil
to
an
on­
specification
used
oil
burner.
However,
the
marketer
who
first
claims
that
used
oil
that
is
to
be
burned
for
energy
recovery
meets
the
fuel
specification
might
choose
not
to
market
the
used
oil
directly
to
an
onspecification
used
oil
burner
(
i.
e.
a
nonindustrial
oil
burner).
Instead,
the
onspecification
used
oil
might
be
marketed
to
a
fuel
oil
distributor
for
subsequent
sale
as
fuel
oil.
In
this
situation,
§
279.74(
b)
could
be
interpreted
to
require
the
initial
marketer
of
the
onspecification
used
oil
to
keep
a
record
of
all
subsequent
shipments
of
that
used
oil
until
the
on­
specification
used
oil
reaches
a
used
oil
burner.
Today's
rule
clarifies
that
the
initial
marketer
of
onspecification
used
oil
must
only
keep
a
record
of
a
shipment
of
used
oil
to
the
facility
to
which
the
initial
marketer
delivers
the
used
oil.
The
initial
marketer
need
not
keep
a
record
of
any
subsequent
transfers
of
this
used
oil.
For
example,
the
initial
marketer
would
need
to
keep
a
record
of
a
shipment
of
on­
specification
used
oil
to
a
fuel
oil
distributor,
but
the
initial
marketer
would
not
need
to
keep
records
of
shipments
of
this
used
oil
from
the
fuel
oil
distributor
to
fuel
oil
burners
or
other
fuel
oil
distributors.
The
Agency
received
one
comment
opposing
this
amendment
from
a
state
in
response
to
the
May
6,
1998
proposal.
The
commenter
was
concerned
that
the
proposed
amendment
does
not
require
tracking
of
used
oil
that
meets
the
used
oil
fuel
specification
to
the
point
to
which
it
is
burned
for
energy
recovery,
and
thus
does
not
provide
adequate
protection.
The
Agency
disagrees
with
this
comment.
This
comment
opens
up
the
merits
of
the
original
November
29,
1985
rule
and
that
is
not
the
intent
of
today's
rule.
As
with
the
issue
above
discussing
mixtures
of
CESQG
waste
and
used
oil,
the
Agency
is
not
reopening
the
merits
of
this
issue,
because
the
Agency
addressed
the
merits
of
this
issue
in
the
preamble
to
the
November
29,
1985
rule
(
50
FR
49164
at
49189).
Today's
amendment
does
not
represent
a
change
in
the
requirements,
but
only
clarifies
the
Agency's
intent
that
only
the
initial
marketer
of
on­
specification
used
oil
must
keep
a
record
of
each
shipment
of
used
oil
to
the
facility
to
which
it
delivers
the
used
oil.
In
the
September
23,
1991
supplemental
notice
of
proposed
rulemaking
(
56
FR
48000),
EPA
did
not
propose
to
change
the
tracking
requirements
or
the
management
requirements,
originally
promulgated
in
1985
for
used
oil
that
meets
the
used
oil
fuel
specification.
In
drafting
the
1992
rule,
EPA
only
intended
to
recodify
the
tracking
requirements
from
the
now
superseded
Part
266.
It
has
always
been
the
Agency's
position
that
used
oil
that
is
to
be
burned
for
energy
recovery
that
meets
the
used
oil
fuel
specification
is
a
commodity
that
will
be
properly
handled
like
any
other
fuel.
The
Agency
has
always
intended
that
used
oil
that
is
to
be
burned
for
energy
recovery
only
be
regulated
under
the
Used
Oil
Management
Standards
until
it
has
been
determined
to
meet
the
used
oil
fuel
specification.
Once
it
has
been
determined
to
meet
the
fuel
specification
and
the
marketer
complies
with
40
CFR
279.72,
279.73,
and
279.74(
b),
the
used
oil
is
no
longer
regulated
by
the
Used
Oil
Management
Standards.
If
the
used
oil
is
not
burned
for
energy
recovery
and
is
recycled
by
other
means
or
disposed,
it
is
regulated
as
used
oil
under
the
Used
Oil
Management
Standards.
Even
if
the
Agency
were
to
address
the
merits
of
this
issue,
we
would
continue
to
take
the
position
as
we
are
taking
in
today's
amendment,
because,
for
the
reasons
discussed
above,
the
Agency
believes
that
the
tracking
requirements
would
provide
adequate
protection.
The
commenter
has
provided
no
new
information
or
arguments
that
would
lead
us
to
change
this
long­
standing
position.
Notwithstanding
this
clarification
of
the
federal
regulations,
a
state
may
regulate
used
oil
more
stringently
than
the
federal
used
oil
management
program.

III.
State
Authority
Under
section
3006
of
RCRA,
EPA
may
authorize
a
qualified
State
to
administer
and
enforce
a
hazardous
waste
program
within
the
State
in
lieu
of
the
federal
program,
and
to
issue
and
enforce
permits
in
the
State.
Following
authorization,
the
state
requirements
authorized
by
EPA
apply
in
lieu
of
equivalent
Federal
requirements
and
become
Federally­
enforceable
as
requirements
of
RCRA.
EPA
maintains
independent
authority
to
bring
enforcement
actions
under
RCRA
sections
3007,
3008,
3013,
and
7003.
Authorized
states
also
have
independent
authority
to
bring
enforcement
actions
under
state
law.
A
state
may
receive
authorization
by
following
the
approval
process
described
in
40
CFR
part
271.
Part
271
of
40
CFR
also
describes
the
overall
standards
and
requirements
for
authorization.
After
a
state
receives
initial
authorization,
new
Federal
VerDate
jul<
14>
2003
15:
52
Jul
29,
2003
Jkt
200001
PO
00000
Frm
00054
Fmt
4700
Sfmt
4700
E:\
FR\
FM\
30JYR1.
SGM
30JYR1
44663
Federal
Register
/
Vol.
68,
No.
146
/
Wednesday,
July
30,
2003
/
Rules
and
Regulations
regulatory
requirements
promulgated
under
the
authority
in
the
RCRA
statute
which
existed
prior
to
the
1984
Hazardous
and
Solid
Waste
Amendments
(
HSWA)
do
not
apply
in
that
state
until
the
state
adopts
and
receives
authorization
for
equivalent
state
requirements.
The
state
must
adopt
such
requirements
to
maintain
authorization.
In
contrast,
under
RCRA
section
3006(
g),
(
42
U.
S.
C.
6926(
g)),
new
Federal
requirements
and
prohibitions
imposed
pursuant
to
HSWA
provisions
take
effect
in
authorized
states
at
the
same
time
that
they
take
effect
in
unauthorized
States.
Although
authorized
states
still
are
required
to
update
their
hazardous
waste
programs
to
remain
equivalent
to
the
Federal
program,
EPA
carries
out
HSWA
requirements
and
prohibitions
in
authorized
states,
including
the
issuance
of
new
permits
implementing
those
requirements,
until
EPA
authorizes
the
state
to
do
so.
Authorized
states
are
required
to
modify
their
programs
only
when
EPA
promulgates
Federal
requirements
that
are
more
stringent
or
broader
in
scope
than
existing
Federal
requirements.
RCRA
section
3009
allows
the
states
to
impose
standards
more
stringent
than
those
in
the
Federal
program.
See
also
40
CFR
271.1(
i).
Therefore,
authorized
states
are
not
required
to
adopt
Federal
regulations,
either
HSWA
or
non­
HSWA,
that
are
considered
less
stringent.
Today's
rule
corrects
and
clarifies
the
scope
of
certain
regulatory
requirements
and
is,
therefore,
considered
to
be
no
more
stringent
than
the
existing
federal
standards.
Authorized
States
are
only
required
to
modify
their
programs
when
EPA
promulgates
federal
regulations
that
are
more
stringent
or
broader
in
scope
than
the
existing
federal
regulations.
Therefore,
States
that
are
authorized
for
the
used
oil
management
standards
are
not
required
to
modify
their
programs
to
adopt
today's
rule.
However,
EPA
strongly
urges
States
to
do
so.

IV.
Statutory
and
Executive
Order
Reviews
A.
Executive
Order
12866:
Regulatory
Planning
and
Review
Under
Executive
Order
12866
(
58
FR
51735,
October
4,
1993),
the
Agency
must
determine
whether
this
regulatory
action
is
``
significant''
and
therefore
subject
to
OMB
review
and
the
requirements
of
the
Executive
Order.
The
Order
defines
``
significant''
regulatory
action
as
one
that
is
likely
to
lead
to
a
rule
that
may:
(
1)
Have
an
annual
effect
on
the
economy
of
$
100
million
or
more,
or
adversely
and
materially
affect
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
the
rights
and
obligations
of
recipients
thereof;
or
(
4)
Raise
novel
legal
or
policy
issues
arising
out
of
legal
mandates,
the
President's
priorities,
or
the
principles
set
forth
in
the
Executive
Order.
It
has
been
determined
that
this
rule
is
not
a
``
significant
regulatory
action''
under
the
terms
of
Executive
Order
12866
and
is
therefore
not
subject
to
OMB
review.

B.
Paperwork
Reduction
Act
This
action
does
not
impose
any
new
information
collection
burden
since
it
does
not
represent
any
change
in
requirements,
but
only
clarifies
the
Agency's
intent
with
respect
to
certain
provisions
in
the
Used
Oil
Management
Standards.
However,
the
Office
of
Management
and
Budget
(
OMB)
has
previously
approved
the
information
collection
requirements
contained
in
the
existing
regulations
(
40
CFR
Part
279)
under
the
provisions
of
the
Paperwork
Reduction
Act,
44
U.
S.
C.
3501
et
seq.
and
has
assigned
OMB
control
number
2050
 
0124
(
EPA
ICR
No.
1286.06).
Copies
of
the
ICR
document(
s)
may
be
obtained
from
Susan
Auby,
by
mail
at
the
Office
of
Environmental
Information,
Collection
Strategies
Division;
U.
S.
Environmental
Protection
Agency
(
2822);
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001,
by
email
at
auby.
susan@
epa.
gov,
or
by
calling
(
202)
260
 
4901.
A
copy
may
also
be
downloaded
off
the
internet
at
http://
www.
epa.
gov/
icr.
Include
the
ICR
and/
or
OMB
number
in
any
correspondence.
Burden
means
the
total
time,
effort,
or
financial
resources
expended
by
persons
to
generate,
maintain,
retain,
or
disclose
or
provide
information
to
or
for
a
Federal
agency.
This
includes
the
time
needed
to
review
instructions;
develop,
acquire,
install,
and
utilize
technology
and
systems
for
the
purposes
of
collecting,
validating,
and
verifying
information,
processing
and
maintaining
information,
and
disclosing
and
providing
information;
adjust
the
existing
ways
to
comply
with
any
previously
applicable
instructions
and
requirements;
train
personnel
to
be
able
to
respond
to
a
collection
of
information;
search
data
sources;
complete
and
review
the
collection
of
information;
and
transmit
or
otherwise
disclose
the
information.
An
Agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to
a
collection
of
information
unless
it
displays
a
currently
valid
OMB
control
number.
The
OMB
control
numbers
for
EPA's
regulations
are
listed
in
40
CFR
Part
9
and
48
CFR
Chapter
15.

C.
Regulatory
Flexibility
Act
The
Regulatory
Flexibility
Act
(
RFA),
as
amended
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996
(
SBREFA),
5
U.
S.
C.
601
et
seq.
generally
requires
an
agency
to
prepare
a
regulatory
flexibility
analysis
of
any
rule
subject
to
notice
and
comment
rulemaking
requirements
under
the
Administrative
Procedure
Act
or
any
other
statute
unless
the
agency
certifies
that
the
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
Small
entities
include
small
businesses,
small
organizations,
and
small
governmental
jurisdictions.
For
purposes
of
assessing
the
impacts
of
today's
rule
on
small
entities,
small
entity
is
defined
as:
(
1)
A
small
business
as
defined
by
the
Small
Business
Administration's
regulations
at
13
CFR
121.201;
(
2)
a
small
governmental
jurisdiction
that
is
a
government
of
a
city,
county,
town,
school
district
or
special
district
with
a
population
of
less
than
50,000;
and
(
3)
a
small
organization
that
is
any
not­
for­
profit
enterprise
which
is
independently
owned
and
operated
and
is
not
dominant
in
its
field.
After
considering
the
economic
impacts
of
today's
final
rule
on
small
entities,
I
certify
that
today's
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
Today's
rule
will
not
impact
any
small
entity
because
it
does
not
impose
regulatory
requirements
or
otherwise
substantively
change
existing
requirements.
The
rule
eliminates
drafting
errors
and
ambiguities
in
the
used
oil
management
standards
so
as
to
clarify
the
Agency's
intended
result.
Even
if
the
rule
were
viewed
as
a
change,
the
rule
would
result
in
lesser
regulatory
impact
than
under
existing
requirements.

D.
Unfunded
Mandates
Reform
Act
Title
II
of
the
Unfunded
Mandates
Reform
Act
of
1995
(
UMRA),
Public
Law
104
 
4,
establishes
requirements
for
Federal
agencies
to
assess
the
effects
of
their
regulatory
actions
on
State,
local,
and
tribal
governments
and
the
private
VerDate
jul<
14>
2003
15:
52
Jul
29,
2003
Jkt
200001
PO
00000
Frm
00055
Fmt
4700
Sfmt
4700
E:\
FR\
FM\
30JYR1.
SGM
30JYR1
44664
Federal
Register
/
Vol.
68,
No.
146
/
Wednesday,
July
30,
2003
/
Rules
and
Regulations
sector.
Under
section
202
of
the
UMRA,
EPA
generally
must
prepare
a
written
statement,
including
a
cost­
benefit
analysis,
for
proposed
and
final
rules
with
``
Federal
mandates''
that
may
result
in
expenditures
to
State,
local,
and
tribal
governments,
in
the
aggregate,
or
to
the
private
sector,
of
$
100
million
or
more
in
any
one
year.
Before
promulgating
an
EPA
rule
for
which
a
written
statement
is
needed,
section
205
of
the
UMRA
generally
requires
EPA
to
identify
and
consider
a
reasonable
number
of
regulatory
alternatives
and
adopt
the
least
costly,
most
costeffective
or
least
burdensome
alternative
that
achieves
the
objectives
of
the
rule.
The
provisions
of
section
205
do
not
apply
when
they
are
inconsistent
with
applicable
law.
Moreover,
section
205
allows
EPA
to
adopt
an
alternative
other
than
the
least
costly,
most
cost­
effective
or
least
burdensome
alternative
if
the
Administrator
publishes
with
the
final
rule
an
explanation
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,
giving
them
meaningful
and
timely
input
in
the
development
of
EPA
regulatory
proposals
with
significant
Federal
intergovernmental
mandates,
and
informing,
educating,
and
advising
them
on
compliance
with
the
regulatory
requirements.
Today's
rule
contains
no
Federal
mandates
(
under
the
regulatory
provisions
of
Title
II
of
the
UMRA)
for
State,
local,
or
tribal
governments
or
the
private
sector
because
it
does
not
impose
regulatory
requirements
or
otherwise
substantively
change
existing
requirements.
Today's
rule
eliminates
drafting
errors
and
ambiguities
in
the
used
oil
management
standards
so
as
to
clarify
the
Agency's
intended
result.
Even
if
the
rule
were
viewed
as
a
change,
the
rule
would
result
in
lesser
regulatory
impact
than
under
existing
requirements.
Thus,
today's
rule
is
not
subject
to
the
requirements
of
sections
202
and
205
of
the
UMRA.
Similarly,
EPA
has
determined
that
this
rule
contains
no
regulatory
requirements
that
might
significantly
or
uniquely
affect
small
governments.

E.
Executive
Order
13132:
Federalism
Executive
Order
13132,
entitled
``
Federalism''
(
64
FR
43255,
August
10,
1999),
requires
EPA
to
develop
an
accountable
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
``
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.''
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
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
final
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,
because
it
does
not
impose
regulatory
requirements
or
otherwise
substantively
change
existing
requirements.
Today's
rule
eliminates
drafting
errors
and
ambiguities
in
the
used
oil
management
standards
so
as
to
clarify
the
Agency's
intended
result.
Even
if
today's
rule
were
viewed
as
a
change,
it
would
result
in
lesser
regulatory
impact
than
under
existing
requirements.
Thus,
the
requirements
of
section
6
of
the
Executive
Order
do
not
apply
to
this
rule.

F.
Executive
Order
13175:
Consultation
and
Coordination
With
Indian
Tribal
Governments
Executive
Order
13175,
entitled
``
Consultation
and
Coordination
with
Indian
Tribal
Governments''
(
65
FR
67249,
November
9,
2000)
requires
EPA
to
develop
an
accountable
process
to
ensure
``
meaningful
and
timely
input
by
tribal
officials
in
the
development
of
regulatory
policies
that
have
tribal
implications.''
Today's
rule
does
not
have
tribal
implications,
as
specified
in
Executive
Order
13175.
Specifically,
today's
rule
does
not
significantly
or
uniquely
affect
the
communities
of
Indian
tribal
governments
because
it
does
not
impose
regulatory
requirements
or
otherwise
substantively
change
existing
requirements.
Today's
rule
eliminates
drafting
errors
and
ambiguities
in
the
used
oil
management
standards
so
as
to
clarify
the
Agency's
intended
result.
Even
if
today's
rule
were
viewed
as
a
change,
it
would
result
in
lesser
regulatory
impact
than
current
requirements.
Thus,
Executive
Order
13175
does
not
apply
to
this
rule.

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

H.
Executive
Order
13211:
Energy
Effects
This
rule
is
not
subject
to
Executive
Order
13211,
``
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use''
(
66
FR
28355
(
May
22,
2001))
because
it
is
not
a
significant
regulatory
action
under
Executive
Order
12866.

VerDate
jul<
14>
2003
15:
52
Jul
29,
2003
Jkt
200001
PO
00000
Frm
00056
Fmt
4700
Sfmt
4700
E:\
FR\
FM\
30JYR1.
SGM
30JYR1
44665
Federal
Register
/
Vol.
68,
No.
146
/
Wednesday,
July
30,
2003
/
Rules
and
Regulations
I.
National
Technology
Transfer
and
Advancement
Act
of
1995
Section
12(
d)
of
the
National
Technology
Transfer
and
Advancement
Act
of
1995
(``
NTTAA''),
Public
Law
No.
104
 
113,
section
12(
d)
(
15
U.
S.
C.
272
note)
directs
EPA
to
use
voluntary
consensus
standards
in
its
regulatory
activities
unless
to
do
so
would
be
inconsistent
with
applicable
law
or
otherwise
impractical.
Voluntary
consensus
standards
are
technical
standards
(
e.
g.,
materials
specifications,
test
methods,
sampling
procedures,
and
business
practices)
that
are
developed
or
adopted
by
voluntary
consensus
standards
bodies.
The
NTTAA
directs
EPA
to
provide
Congress,
through
OMB,
explanations
when
the
Agency
decides
not
to
use
available
and
applicable
voluntary
consensus
standards.
This
proposed
rulemaking
does
not
involve
technical
standards.
Therefore,
EPA
is
not
considering
the
use
of
any
voluntary
consensus
standards.

J.
Congressional
Review
Act
The
Congressional
Review
Act,
5
U.
S.
C.
801
et
seq.,
as
added
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996,
generally
provides
that
before
a
rule
may
take
effect,
the
agency
promulgating
the
rule
must
submit
a
rule
report,
which
includes
a
copy
of
the
rule,
to
each
House
of
the
Congress
and
to
the
Comptroller
General
of
the
United
States.
EPA
will
submit
a
report
containing
this
rule
and
other
required
information
to
the
U.
S.
Senate,
the
U.
S.
House
of
Representatives,
and
the
Comptroller
General
of
the
United
States
prior
to
publication
of
the
rule
in
the
Federal
Register.
A
Major
rule
cannot
take
effect
until
60
days
after
it
is
published
in
the
Federal
Register.
This
action
is
not
a
``
major
rule''
as
defined
by
5
U.
S.
C.
804(
2).
This
rule
will
be
effective
September
29,
2003.

V.
Effective
Date
Because
the
regulated
community
does
not
need
6
months
to
come
into
compliance
with
this
rule,
EPA
finds,
pursuant
to
RCRA
section
3010(
b)(
1),
that
this
rule
can
be
made
effective
in
less
than
six
months.

List
of
Subjects
40
CFR
Part
261
Environmental
protection,
Hazardous
waste,
Recycling,
Reporting
and
recordkeeping
requirements.

40
CFR
Part
279
Conditionally
exempt
small
quantity
generator
(
CESQG),
Environmental
protection,
Hazardous
waste,
Polychlorinated
biphenyls
(
PCBs),
Solid
waste,
Recycling,
Response
to
releases,
Used
oil,
Used
oil
specification.

Dated:
July
23,
2003.
Marianne
L.
Horinko,
Acting
Administrator.


For
the
reasons
set
out
in
the
preamble,
chapter
I
of
title
40
of
the
Code
of
Federal
Regulations
is
amended
as
follows:

PART
261
 
IDENTIFICATION
AND
LISTING
OF
HAZARDOUS
WASTE

1.
The
authority
citation
for
part
261
continues
to
read
as
follows:

Authority:
42
U.
S.
C.
6905,
6912(
a),
6921,
6922,
6924(
y)
and
6938.

§
261.5
[
Amended]


2.
Section
261.5(
j)
is
amended
by
removing
both
phrases,
``
if
it
is
destined
to
be
burned
for
energy
recovery.''

PART
279
 
STANDARDS
FOR
THE
MANAGEMENT
OF
USED
OIL

1.
The
authority
citation
for
part
279
continues
to
read
as
follows:

Authority:
Sections
1006,
2002(
a),
3001
through
3007,
3010,
3014,
and
7004
of
the
Solid
Waste
Disposal
Act,
as
amended
(
42
U.
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)).


2.
Section
279.10
is
amended
by
revising
paragraph
(
i)
to
read
as
follows:

§
279.10
Applicability.

*
*
*
*
*
(
i)
Used
oil
containing
PCBs.
Used
oil
containing
PCBs
(
as
defined
at
40
CFR
761.3)
at
any
concentration
less
than
50
ppm
is
subject
to
the
requirements
of
this
Part
unless,
because
of
dilution,
it
is
regulated
under
40
CFR
Part
761
as
a
used
oil
containing
PCBs
at
50
ppm
or
greater.
PCB­
containing
used
oil
subject
to
the
requirements
of
this
Part
may
also
be
subject
to
the
prohibitions
and
requirements
found
at
40
CFR
Part
761,
including
§
761.20(
d)
and
(
e).
Used
oil
containing
PCBs
at
concentrations
of
50
ppm
or
greater
is
not
subject
to
the
requirements
of
this
Part,
but
is
subject
to
regulation
under
40
CFR
Part
761.
No
person
may
avoid
these
provisions
by
diluting
used
oil
containing
PCBs,
unless
otherwise
specifically
provided
for
in
this
Part
or
Part
761
of
this
chapter.


3.
Section
279.74
is
amended
by
revising
paragraph
(
b)
to
read
as
follows:

§
279.74
Tracking.

*
*
*
*
*
(
b)
On­
specification
used
oil
delivery.
A
generator,
transporter,
processor/
rerefiner
or
burner
who
first
claims
that
used
oil
that
is
to
be
burned
for
energy
recovery
meets
the
fuel
specifications
under
§
279.11
must
keep
a
record
of
each
shipment
of
used
oil
to
the
facility
to
which
it
delivers
the
used
oil.
Records
for
each
shipment
must
include
the
following
information:
(
1)
The
name
and
address
of
the
facility
receiving
the
shipment;
(
2)
The
quantity
of
used
oil
fuel
delivered;
(
3)
The
date
of
shipment
or
delivery;
and
(
4)
A
cross­
reference
to
the
record
of
used
oil
analysis
or
other
information
used
to
make
the
determination
that
the
oil
meets
the
specification
as
required
under
§
279.72(
a).
*
*
*
*
*
[
FR
Doc.
03
 
19275
Filed
7
 
29
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
DEPARTMENT
OF
COMMERCE
National
Oceanic
and
Atmospheric
Administration
50
CFR
Part
679
[
Docket
No.
021122286
 
3036
 
02;
I.
D.
072303B]

Fisheries
of
the
Exclusive
Economic
Zone
Off
Alaska;
Sablefish
by
Vessels
Using
Trawl
Gear
in
the
Central
Regulatory
Area
of
the
Gulf
of
Alaska
AGENCY:
National
Marine
Fisheries
Service
(
NMFS),
NationalOceanic
and
Atmospheric
Administration
(
NOAA),
Commerce.
ACTION:
Closure.

SUMMARY:
NMFS
is
prohibiting
retention
of
sablefish
by
vessels
using
trawl
gear
in
the
Central
Regulatory
Area
of
the
Gulf
of
Alaska
(
GOA).
NMFS
is
requiring
that
catch
of
sablefish
by
vessels
using
trawl
gear
in
this
area
be
treated
in
the
same
manner
as
prohibited
species
and
discarded
at
sea
with
a
minimum
of
injury.
This
action
is
necessary
because
the
allocation
of
the
sablefish
2003
total
allowable
catch
(
TAC)
assigned
to
trawl
gear
in
this
area
has
been
reached.
DATES:
Effective
1200
hrs,
Alaska
local
time
(
A.
l.
t.),
July
26,
2003,
until
2400
hrs,
A.
l.
t.,
December
31,
2003.

FOR
FURTHER
INFORMATION
CONTACT:
Josh
Keaton,
907
 
586
 
7228.

SUPPLEMENTARY
INFORMATION:
NMFS
manages
the
groundfish
fishery
in
the
GOA
exclusive
economic
zone
according
to
the
Fishery
Management
Plan
for
the
Groundfish
Fishery
of
the
Gulf
of
Alaska
(
FMP)
prepared
by
the
North
Pacific
Fishery
Management
Council
under
authority
of
the
VerDate
jul<
14>
2003
15:
52
Jul
29,
2003
Jkt
200001
PO
00000
Frm
00057
Fmt
4700
Sfmt
4700
E:\
FR\
FM\
30JYR1.
SGM
30JYR1
