53535
Federal
Register
/
Vol.
66,
No.
205
/
Tuesday,
October
23,
2001
/
Rules
and
Regulations
18
AAC
50.410.
Emission
Fees
(
effective
1/
18/
97)
18
AAC
50.420.
Billing
Procedures
(
effective
1/
18/
97)

Article
9.
General
Provisions
18
AAC
50.910.
Establishing
Level
of
Actual
Emissions
(
effective
1/
18/
97)
18
AAC
50.990.
Definitions
(
effective
1/
18/
97)

*
*
*
*
*
[
FR
Doc.
01
 
26684
Filed
10
 
22
 
01;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Parts
257
and
258
[
FRL
 
7076
 
4]

RIN
2050
 
AE86
Criteria
for
Classification
of
Solid
Waste
Disposal
Facilities
and
Practices
and
Criteria
for
Municipal
Solid
Waste
Landfills:
Disposal
of
Residential
Lead­
Based
Paint
Waste
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Direct
final
rule.

SUMMARY:
In
order
to
help
accelerate
the
pace
of
lead­
based
paint
removal
from
residences,
and
thereby
reduce
exposure
to
children
and
adults
from
the
health
risks
associated
with
lead,
EPA
is
taking
direct
final
action
to
revise
the
definition
of
``
municipal
solid
waste
landfill
unit''
in
both
the
Criteria
for
Classification
of
Solid
Waste
Disposal
Facilities
and
Practices
and
the
Criteria
for
Municipal
Solid
Waste
Landfills.
EPA
is
also
adding
two
new
definitions
for
``
construction
and
demolition
(
C&
D)
landfill''
and
``
residential
lead­
based
paint
waste.''
This
rule
will
expressly
allow
residential
lead­
based
paint
waste
to
be
disposed
of
in
construction
and
demolition
landfills
by
clearly
stating
that
a
construction
and
demolition
landfill
accepting
residential
lead­
based
paint
waste,
and
no
other
household
waste,
is
not
a
municipal
solid
waste
landfill
unit.
Today's
action
does
not
prevent
a
municipal
solid
waste
landfill
unit
from
continuing
to
receive
residential
lead­
based
paint
waste.
DATES:
This
rule
is
effective
on
January
22,
2002
unless
EPA
receives
adverse
comment
by
November
23,
2001.
If
we
receive
such
comment,
we
will
publish
a
timely
withdrawal
in
the
Federal
Register
informing
the
public
that
this
rule
will
not
take
effect.
ADDRESSES:
Commenters
must
send
an
original
and
two
copies
of
their
comments
referencing
docket
number
F
 
2001
 
LBPP
 
FFFFF
to:
(
1)
if
using
regular
US
Postal
Service
mail:
RCRA
Docket
Information
Center,
Office
of
Solid
Waste
(
5305G),
U.
S.
Environmental
Protection
Agency
Headquarters
(
EPA,
HQ),
Ariel
Rios
Building,
1200
Pennsylvania
Avenue,
NW,
Washington,
DC
20460
 
0002,
or
(
2)
if
using
special
delivery,
such
as
overnight
express
service:
RCRA
Docket
Information
Center
(
RIC),
Crystal
Gateway
One,
1235
Jefferson
Davis
Highway,
First
Floor,
Arlington,
VA
22202.
Comments
may
also
be
submitted
electronically
through
the
Internet
to:
rcra­
docket@
epa.
gov.
Comments
in
electronic
format
should
also
be
identified
by
the
docket
number
F
 
2001
 
LBPP
 
FFFFF
and
must
be
submitted
as
an
ASCII
file
avoiding
the
use
of
special
characters
and
any
form
of
encryption.
Commenters
should
not
submit
electronically
any
confidential
business
information
(
CBI).
An
original
and
two
copies
of
CBI
must
be
submitted
under
separate
cover
to:
RCRA
CBI
Document
Control
Officer,
Office
of
Solid
Waste
(
5305W),
U.
S.
EPA,
Ariel
Rios
Building,
1200
Pennsylvania
Avenue,
NW,
Washington,
DC
20460
 
0002.
You
can
view
supporting
materials
for
this
rule
in
the
Resource
Conservation
and
Recovery
Act
(
RCRA)
Information
Center
(
RIC).
The
RIC
is
located
at
Crystal
Gateway
I,
First
Floor,
1235
Jefferson
Davis
Highway,
Arlington,
VA,
and
is
open
from
9
a.
m.
to
4
p.
m.,
Monday
through
Friday,
excluding
federal
holidays.
The
Docket
Identification
Number
for
this
notice
is
F
 
2001
 
LBPF
 
FFFFF.
To
review
docket
materials,
we
recommend
that
you
make
an
appointment
by
calling
(
703)
603
 
9230.
You
may
copy
a
maximum
of
100
pages
from
any
regulatory
docket
at
no
charge.
Additional
copies
cost
$
0.15/
page.
The
index
and
some
supporting
materials
are
available
electronically.
See
the
SUPPLEMENTARY
INFORMATION
section
for
information
on
accessing
them.
FOR
FURTHER
INFORMATION
CONTACT:
For
general
information,
contact
the
RCRA
Hotline
at
(
800)
424
 
9346
or
TDD
(
800)
553
 
7672
(
hearing
impaired).
In
the
Washington,
DC,
metropolitan
area,
call
(
703)
412
 
9810
or
TDD
(
703)
412
 
3323.
For
information
on
specific
aspects
of
this
rule,
contact
Sue
Nogas,
Office
of
Solid
Waste
(
mail
code
5306W),
U.
S.
Environmental
Protection
Agency,
1200
Pennsylvania
Avenue,
NW,
Washington,
DC
20460;
(
703)
308
 
7251,
nogas.
sue@
epa.
gov.

SUPPLEMENTARY
INFORMATION:
The
index
to
the
rule
docket
and
some
supporting
materials
are
available
on
the
Internet.
You
can
find
these
materials
at
http://
www.
epa.
gov/
epaoswer/
non­
hw/
muncpl/
landfill/
pb­
paint.
htm.
EPA
is
publishing
this
rule
without
prior
proposal
because
we
view
this
as
a
noncontroversial
amendment
and
anticipate
no
adverse
comment.
The
rule
expressly
allows
another
environmentally
safe
waste
disposal
option
(
i.
e.,
C&
D
landfills)
for
residential
LBP
waste,
an
option
that
may
be
less
expensive
than
MSWLFs
in
certain
areas
of
the
U.
S.
For
that
reason,
EPA
believes
this
rule
may
hasten
the
pace
with
which
LBP
hazards
are
removed
from
homes,
thus
reducing
the
risk
of
lead
poisoning
in
children.
However,
in
the
``
Proposed
Rules''
section
of
today's
Federal
Register
publication,
we
are
publishing
a
separate
document
that
will
serve
as
the
proposal
to
revise
the
definition
of
municipal
solid
waste
landfill
unit
and
add
the
definitions
of
construction
and
demolition
landfill
and
residential
leadbased
paint
waste.
We
are
publishing
the
proposal
to
give
the
public
the
opportunity
to
comment
on
today's
action,
although
we
do
not
expect
to
receive
comments.
This
rule
will
be
effective
on
January
22,
2002
without
further
notice
unless
we
receive
adverse
comment
by
November
23,
2001.
If
EPA
receives
adverse
comment,
we
will
publish
a
timely
withdrawal
in
the
Federal
Register
informing
the
public
that
the
rule
will
not
take
effect.
We
will
address
all
public
comments
in
a
subsequent
final
rule
based
on
the
proposed
rule.
We
will
not
institute
a
second
comment
period
on
this
action.
Any
parties
interested
in
commenting
must
do
so
at
this
time.
Affected
Entities:
You
may
be
potentially
affected
by
this
direct
final
rule
if
you
generate
residential
leadbased
paint
(
LBP)
waste
as
a
result
of
LBP
activities
(
including
abatement,
rehabilitation,
renovation
and
remodeling)
in
homes,
residences,
and
other
households.
By
``
households,''
we
mean
single
and
multiple
residences,
hotels
and
motels,
bunkhouses,
ranger
stations,
crew
quarters,
campgrounds,
picnic
grounds,
and
day­
use
recreation
areas.
Affected
categories
and
entities
would
include:

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/
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No.
205
/
Tuesday,
October
23,
2001
/
Rules
and
Regulations
Category
Examples
of
affected
entities
Individuals
and
firms
who
generate
residential
LBP
waste
.....
Contractors
and
do­
it­
yourselfers
who
generate
and
dispose
of
residential
LBP
waste
as
a
result
of
abatement,
rehabilitation,
renovation
and
remodeling
activities
in
homes,
residences,
and
other
households.
Construction
and
demolition
waste
disposal
firms.
..................
Owners
or
operators
of
construction
and
demolition
landfills
that
accept
residential
LBP
waste
for
disposal.

This
table
is
not
intended
to
be
exhaustive,
but
rather
lists
the
types
of
entities
that
EPA
is
now
aware
of
that
could
potentially
be
affected
by
this
action.
Other
types
of
entities
not
listed
in
this
table
could
also
be
affected.
(
Please
see
Sections
X.
A.
and
X.
B.
of
this
preamble
for
further
discussion
of
affected
entities.
Also,
in
the
docket
for
today's
rule,
see
``
Economic
Analysis
of
EPA's
Direct
Final
Rule
Amending
40
CFR
parts
257
and
258.'')
If
you
have
any
questions
regarding
the
applicability
of
this
action
to
a
particular
entity,
consult
the
persons
listed
in
the
preceding
FOR
FURTHER
INFORMATION
CONTACT
section.

Acronyms
Acronym
Definition
CDC
.....
Centers
of
Disease
Control
and
Prevention.
C&
D
.....
Construction
and
Demolition.
CFR
......
Code
of
Federal
Regulations.
EA
........
Economic
Analysis.
EPA
......
Environmental
Protection
Agency.
FR
........
Federal
Register.
HUD
.....
U.
S.
Department
of
Housing
and
Urban
Development.
IQ
.........
Intelligence
Quotient.
LBP
......
Lead­
Based
Paint.
MSWLF
Municipal
Solid
Waste
Landfill.
OMB
.....
Office
of
Management
and
Budget.
OPPTS
Office
of
Prevention,
Pesticides,
and
Toxic
Substances.
OSWER
Office
of
Solid
Waste
and
Emergency
Response.
RCRA
...
Resource
Conservation
Recovery
Act.
RIC
.......
RCRA
Docket
Information
Center.
TC
........
Toxicity
Characteristic.
TSCA
...
Toxic
Substances
Control
Act.
USEPA
United
States
Environmental
Protection
Agency.

Outline
I.
Legal
Authority
II.
Why
are
Lead
and
Lead­
Based
Paint
A
Concern?
III.
Congressional
Response
to
Lead
Hazards:
Title
X
IV.
RCRA
as
a
Barrier
to
Cost­
Effective
LBP
Abatements,
and
Stakeholders'
Requests
for
Regulatory
Relief
from
EPA
V.
EPA's
Implementation
of
Title
X
and
Response
to
Stakeholders'
Requests
A.
1998
Proposed
Rules
1.
TSCA
Proposal
2.
RCRA
Proposal
B.
Contractor­
Generated
Residential
Lead­
Based
Paint
Memorandum
VI.
What
Does
Today's
Rule
Do?
A.
Revision
to
the
Definition
of
a
Municipal
Solid
Waste
Landfill
Unit
B.
Addition
of
Construction
and
Demolition
Landfill
Definition
C.
Addition
of
Residential
Lead­
Based
Paint
Waste
Definition
VII.
Analytic
Basis
for
Today's
Rule
VIII.
Other
Applicable
Federal,
State,
Tribal,
and
Local
Requirements
IX.
How
do
States
and
Tribes
Implement
this
Rule?
X.
How
does
this
Rule
Comply
with
Applicable
Statutes
and
Executive
Orders?
A.
Executive
Order
12866:
Regulatory
Planning
and
Review
B.
Regulatory
Flexibility
Act
C.
Paperwork
Reduction
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:
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks
H.
National
Technology
Transfer
and
Advancement
Act
of
1995
I.
Executive
Order
12898:
Environmental
Justice
Strategy
J.
Congressional
Review
Act
K.
Executive
Order
13211:
Energy
Effects
I.
Legal
Authority
EPA
is
promulgating
this
rule
pursuant
to
section
1008(
a)(
3),
2002(
a),
4004(
a)
and
4010(
c)
of
the
Resource
Conservation
and
Recovery
Act
(
RCRA),
42
U.
S.
C.
6907(
a),
6912(
a),
6944(
a),
6949a(
c).
We
are
also
correcting
a
typographical
error
in
the
existing
statement
of
authority
in
part
257
by
amending
the
citation
to
42
U.
S.
C.
6949(
c)
to
read
``
6949a(
c).''

II.
Why
Are
Lead
and
Lead­
Based
Paint
a
Concern?
The
Centers
for
Disease
Control
and
Prevention
(
CDC)
have
estimated
that
approximately
900,000
children,
or
about
4.4%
of
children
under
the
age
of
6
years
old,
may
have
unacceptably
high
levels
of
lead
in
their
blood.
(
See:
``
Update:
Blood
Lead
Levels
 
United
States,
1991
 
1994.''
Morbidity
and
Mortality
Weekly
Report,
Vol.
46,
No.
7,
February
21,
1997.
CDC,
U.
S.
Department
of
Health
and
Human
Services.)
Children
are
more
susceptible
than
adults
to
the
toxic
effects
of
lead
because
their
nervous
systems
are
still
developing
and
their
bodies
more
readily
absorb
lead
once
exposed
to
it.
(
For
a
fuller
discussion
of
this
issue,
see
66
FR
1206
 
1240,
January
5,
2001).
The
most
common
sources
of
residential
lead
exposure
include
contaminated
dust
and
paint
chips
from
deteriorated
lead­
based
paint
(
LBP)
in
older
homes,
activities
that
disturb
LBP
(
such
as
abatement,
deleading,
home
renovation
and
remodeling),
lead­
contaminated
drinking
water,
and
lead­
contaminated
soil
around
homes
and
play
areas.
It
is
estimated
that
approximately
38
million
homes
in
the
United
States
contain
interior
LBP.
(
See
``
Economic
Analysis
of
EPA's
Direct
Final
Rule
Amending
40
CFR
parts
257
and
258,''
p.
31.

III.
Congressional
Response
to
Lead
Hazards:
Title
X
In
response
to
this
health
threat,
Congress
enacted
the
Residential
Lead­
Based
Paint
Hazard
Reduction
Act
of
1992
(
hereinafter
referred
to
as
Title
X
of
the
Housing
and
Community
Development
Act
of
1992,
or
as
Title
X).
Among
other
provisions,
Title
X
amended
the
Toxic
Substances
Control
Act
(
TSCA)
and
directed
the
Environmental
Protection
Agency
(
EPA)
to
develop
and
finalize
standards
governing:
(
1)
The
training
and
certification
of
individuals
engaged
in
LBP
activities;
(
2)
the
accreditation
of
training
programs;
and
(
3)
the
process
by
which
LBP
activities
are
conducted
by
certified
individuals.
Congress
also
directed
EPA
to
identify
by
regulation
LBP
hazards,
lead­
contaminated
dust,
and
lead­
contaminated
soil.
As
a
result
of
the
enactment
of
Title
X,
there
is
an
increasing
effort
to
reduce
the
hazards
posed
by
LBP
(
especially
to
children)
in
residential
housing
and
other
buildings.

IV.
RCRA
as
a
Barrier
to
Cost­
Effective
LBP
Abatements,
and
Stakeholders'
Requests
for
Regulatory
Relief
From
EPA
The
Resource
Conservation
and
Recovery
Act
(
RCRA)
was
enacted
in
1976
to
address
management
of
solid
waste,
including
industrial
and
municipal
wastes.
Subtitle
C
of
RCRA
governs
the
generation,
transportation,
treatment,
storage
and
disposal
of
hazardous
waste.
A
solid
waste
is
a
``
hazardous
waste''
if
it
exhibits
one
or
more
of
the
characteristics
of
hazardous
waste
pursuant
to
40
CFR
part
261,
subpart
C
(
toxicity,
ignitability,

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/
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66,
No.
205
/
Tuesday,
October
23,
2001
/
Rules
and
Regulations
corrosivity,
and
reactivity)
or
if
it
is
listed
as
a
hazardous
waste
in
part
261
subpart
D.
Subtitle
D
of
RCRA
addresses
the
management
of
nonhazardous
solid
waste
(
including
municipal
and
nonmunicipal
waste).
Subtitle
D
was
amended
in
1984
to
address
two
classes
of
hazardous
wastes
exempt
from
Subtitle
C
hazardous
waste
requirements:
conditionally
exempt
small
quantity
generator
(
CESQG)
waste
and
household
hazardous
waste.
Household
waste
is
defined
in
40
CFR
258.2
as
``
any
solid
waste
(
including
garbage,
trash,
and
sanitary
waste
in
septic
tanks)
derived
from
households
(
including
single
and
multiple
residences,
hotels
and
motels,
bunkhouses,
ranger
stations,
crew
quarters,
campgrounds,
picnic
grounds,
and
day­
use
recreation
areas).''
Household
waste
is
excluded
from
RCRA
hazardous
waste
regulations
at
40
CFR
261.4(
b)(
1).
Abatements,
renovations,
and
remodeling
activities
in
housing
units
with
LBP
can
generate
large
quantities
of
residential
LBP
waste.
In
cases
where
the
waste
exhibits
the
toxicity
characteristic
for
lead,
the
waste
would
be
classified
as
a
hazardous
waste
subject
to
the
comprehensive
``
cradle
to
grave''
hazardous
waste
management
regulations
of
RCRA
Subtitle
C,
unless
they
qualify
for
an
exemption.
Lead
abatement
contractors
and
public
housing
agencies
argued
that
the
application
of
these
hazardous
waste
rules
to
residential
LBP
waste
poses
a
barrier
to
the
cost­
effective
abatement
of
lead
hazards.
EPA
and
HUD
met
to
review
the
disposal
requirements
for
lead­
based
paint
waste
and
to
consider
regulatory
relief
from
the
applicability
of
RCRA
Subtitle
C
to
waste
generated
from
residential
LBP
activities.
Additionally,
several
States
and
advocacy
groups
(
such
as
the
Alliance
to
End
Childhood
Lead
Poisoning)
expressed
concern
that
the
RCRA
requirements
were
considerably
reducing
the
number
of
residential
LBP
abatements
by
imposing
significant
waste
disposal
costs.
They
argued
that
the
benefits
of
handling
lead­
based
paint
waste
as
a
hazardous
waste
were
outweighed
by
the
potential
risk
to
children
resulting
from
the
disincentive
the
RCRA
regulations
created
for
leadbased
paint
abatement.
They
requested
that
EPA
consider
ways
to
minimize
management
and
disposal
costs
and
provide
an
appropriate
regulatory
framework
that
would
both
accelerate
the
pace
of
lead
abatements
(
by
lowering
costs)
and
ensure
that
waste
from
such
activities
be
managed
and
disposed
of
reliably,
effectively,
and
in
a
manner
which
protects
human
health
and
the
environment.
They
further
contended
that
any
regulatory
relief
that
would
avoid
the
cost
of
managing
LBP
waste
as
a
hazardous
waste
would
allow
public
housing
authorities
to
use
cost
savings
to
perform
additional
abatements,
thus
reducing
current
and
future
exposure
of
children
to
residential
lead­
based
paint.

V.
EPA's
Implementation
of
Title
X
and
Response
to
Stakeholders'
Requests
A.
1998
Proposed
Rules
In
order
to
facilitate
efforts
to
address
lead­
based
paint
hazards
to
children
and
respond
to
stakeholders'
requests
for
regulatory
relief,
EPA
analyzed
waste
characterization,
laboratory
leachate,
and
the
risk
and
cost
of
disposal
for
lead­
based
paint
debris.
Based
on
those
analyses,
EPA
published
two
proposals
on
December
18,
1998
 
the
TSCA
Proposed
Rule
(``
Management
and
Disposal
of
Lead­
Based
Paint
Debris''),
and
the
RCRA
Proposed
Rule
(``
Temporary
Suspension
of
Toxicity
Characteristic
Rule
for
Specified
Lead­
Based
Paint
Debris'').
The
Agency
believed
that
these
rules,
if
finalized,
would
help
reduce
the
costs
associated
with
the
management
and
disposal
of
LBP
debris,
increasing
the
number
of
LBP
abatements,
while
continuing
to
protect
human
health
and
the
environment.

1.
TSCA
Proposal
(``
Management
and
Disposal
of
Lead­
Based
Paint
Debris'')

Under
the
mandate
of
Title
X
of
TSCA,
we
proposed
new
TSCA
management
and
disposal
standards
for
LBP
debris
generated
by
contractors
from
pre­
1978
homes
and
public
and
commercial
buildings
(
63
FR
70190
 
70233,
December
18,
1998.)
These
standards
would
allow
the
disposal
of
contractor­
generated
LBP
debris
in
a
variety
of
facilities,
including
construction
and
demolition
(
C&
D)
landfills.
EPA
based
the
C&
D
landfill
disposal
option
on
the
results
of
the
groundwater
risk
analysis
performed
to
support
the
proposal.
The
results
showed
that
the
potential
impact
to
groundwater
resources
from
the
disposal
of
LBP
debris
in
C&
D
landfills
would
be
negligible.
(
For
further
details,
see
``
USEPA.
June
1998,
Groundwater
Pathway
Analysis
for
Lead­
Based
Paint
(
LBP)
Architectural
Debris;
Background
Document''
in
the
docket
for
today's
rule.
Also,
see
Section
VII
of
this
preamble.)
The
TSCA
proposal
has
not
been
finalized.
The
preamble
to
the
proposed
TSCA
rule
also
clarified
that
the
RCRA
Subtitle
C
household
waste
exclusion
in
40
CFR
261.4(
b)(
1)
applies
to
residential
LBP
waste
generated
by
do­
ityourselfers
in
their
homes
(
see
63
FR
70241
 
70242).
This
clarification
remains
in
place.

2.
RCRA
Proposal
(``
Temporary
Suspension
of
Toxicity
Characteristic
Rule
for
Specified
Lead­
Based
Paint
Debris'')
In
1998,
EPA
proposed
to
temporarily
suspend
the
applicability
of
the
Toxicity
Characteristic
(
TC)
rule
to
contractorgenerated
LBP
debris
that
would
be
subject
to
the
TSCA
management
and
disposal
standards
cited
above.
The
Agency
proposed
this
suspension
in
order
to
avoid
duplication
with
other
statutes
implemented
by
EPA
as
mandated
under
RCRA
Section
1006(
b)(
1).

B.
Contractor­
Generated
Residential
Lead­
Based
Paint
Memorandum
On
July
31,
2000,
EPA
issued
a
memorandum
clarifying
the
regulatory
status
of
waste
generated
as
a
result
of
LBP
activities
(
including
abatement,
renovation
and
remodeling,
and
rehabilitation)
in
homes
and
other
residences.
Specifically,
the
memorandum
clarified
that
contractors
can
manage
residential
LBP
waste
as
household
waste
and
thus
are
not
subject
to
RCRA
Subtitle
C
requirements.
This
means
contractors
can
dispose
residential
LBP
waste
as
household
waste
in
municipal
solid
waste
landfills
or
municipal
solid
waste
combustors,
according
to
State
and
local
requirements.
Dumping
and
open
burning
of
residential
LBP
waste
are
not
allowed.
(
See
RCRA
Sections
1008
and
4004.)
By
interpreting
residential
LBP
waste
as
a
household
waste
under
40
CFR
261.4(
b)(
1),
the
July
2000
memorandum
could
be
construed
as
allowing
land
disposal
of
LBP
waste
only
in
municipal
solid
waste
landfill
units
complying
with
the
requirements
of
40
CFR
part
258.
This
is
because
a
``
municipal
solid
waste
landfill
unit''
is
defined
in
40
CFR
258.2
as
receiving
``
household
waste.''
Therefore,
under
section
258.2,
a
C&
D
landfill
that
receives
residential
LBP
waste
could
be
deemed
to
be
receiving
household
waste
and
may
need
to
comply
with
EPA's
Municipal
Solid
Waste
Landfill
Criteria
found
in
40
CFR
part
258.
Today's
rule
is
designed
to
expressly
state
that
C&
D
landfills
can
receive
residential
LBP
waste
without
becoming
subject
to
the
requirements
for
a
MSWLF
in
part
258.
Please
note
that
the
memorandum
does
not
affect
the
regulatory
status
of
nonresidential
LBP
waste,
such
as
that
generated
during
the
abatement
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renovation
and
remodeling
of
a
commercial
building.
In
addition,
the
memorandum
does
not
cover
residential
demolition
and
deconstruction.
EPA
does
not
consider
demolition
and
deconstruction
waste
to
be
household
waste,
since
it
is
not
similar
to
those
wastes
generated
by
a
consumer
in
the
home
in
the
course
of
daily
living.
(
For
more
information
visit,
http://
www.
epa.
gov/
lead/
hhwmemojuly00fnl
pdf
for
a
direct
link
to
the
memorandum.
See
``
Regulatory
Status
of
Waste
Generated
by
Contractors
and
Residents
from
Lead­
Based
Paint
Activities
Conducted
in
Households''
by
visiting
http://
www.
epa.
gov/
lead/
fslbp.
htm,
or
call
the
RCRA
Hotline
at
1
 
800
 
424
 
9346.)
The
Agency
evaluated
if
and
how
to
finalize
the
1998
RCRA
and
TSCA
proposals.
EPA
decided
to
use
alternative
policy
and
regulatory
vehicles
(
i.
e.,
the
July
31,
2000
policy
memorandum
and
today's
rule)
in
order
to
expeditiously
accomplish
some
of
the
same
goals
of
the
1998
proposals
for
certain
key
noncontroversial
aspects.
The
Agency
has
no
further
plan
to
finalize
the
1998
RCRA
proposal.

VI.
What
Does
Today's
Rule
Do?

A.
Revision
to
the
Definition
of
a
Municipal
Solid
Waste
Landfill
Unit
Today's
rule
expressly
allows
construction
and
demolition
landfills
to
receive
residential
lead­
based
paint
waste,
by
adding
a
statement
to
the
definition
of
MSWLF
unit.
The
definition
of
MSWLF
unit
in
40
CFR
257.2
and
258.2
is
amended
by
inserting
at
the
end
of
the
definition,
the
sentence,
``
A
construction
and
demolition
landfill
that
receives
residential
lead­
based
paint
waste
and
does
not
receive
any
other
household
waste
is
not
a
MSWLF
unit.''
As
previously
explained,
the
existing
definition
of
a
MSWLF
unit
includes
language
which
states
that
a
disposal
unit
``
that
receives
household
waste''
is
a
municipal
solid
waste
landfill
unit.
This
language
can
be
construed
to
prohibit
the
disposal
of
any
household
waste
into
a
facility
that
is
not
designed
and
operated
in
conformance
with
40
CFR
part
258
regulations.
Today,
we
are
amending
the
definition
of
MSWLF
unit,
in
order
to
distinguish
residential
lead­
based
paint
waste,
which
has
been
determined
to
be
a
household
waste,
from
other
types
of
household
waste,
for
purposes
of
disposal.
The
amended
definition
will
now
read,
``
Municipal
solid
waste
landfill
(
MSWLF)
unit
means
a
discrete
area
of
land
or
an
excavation
that
receives
household
waste,
and
that
is
not
a
land
application
unit,
surface
impoundment,
injection
well,
or
waste
pile,
as
those
terms
are
defined
in
this
section.
A
MSWLF
unit
also
may
continue
to
receive
other
types
of
RCRA
Subtitle
D
wastes,
such
as
commercial
solid
waste,
nonhazardous
sludge,
and
industrial
solid
waste.
Such
a
landfill
may
be
publicly
or
privately­
owned.
A
MSWLF
unit
may
be
a
new
MSWLF
unit,
an
existing
MSWLF
unit
or
a
lateral
expansion.
A
construction
and
demolition
landfill
that
receives
residential
lead­
based
paint
waste
and
does
not
receive
any
other
household
waste
is
not
a
MSWLF
unit.''
It
is
important
to
understand
that
today's
change
to
the
definition
of
a
municipal
solid
waste
landfill
unit
does
not
in
any
way
affect
these
disposal
units.
This
change
is
being
made
simply
to
distinguish
residential
lead­
based
paint
waste
from
other
household
wastes.
Today's
amendment
does
not
alter
what
a
MSWLF
can
or
cannot
receive.
MSWLFs
can
continue
to
receive
residential
LBP
waste
as
household
waste.
Today's
rule
expressly
provides
that
an
additional
land­
based
waste
disposal
option
exists
for
residential
LBP
waste.
Furthermore,
this
rule
in
no
way
affects
or
changes
the
operation
and
design
requirements
for
municipal
solid
waste
landfills
or
any
other
MSWLF
criteria.

B.
Addition
of
Construction
and
Demolition
Landfill
Definition
As
stated
above,
the
revised
definition
of
``
municipal
solid
waste
landfill
unit''
allows
a
subset
of
household
waste
 
residential
LBP
waste
 
to
be
disposed
of
in
construction
and
demolition
landfills
as
well
as
MSWLF
units.
Today's
rule
will
also
add
a
definition
of
a
construction
and
demolition
landfill
in
order
to
expressly
allow
only
C&
D
landfills,
and
no
other
types
of
land
disposal
units
that
meet
the
criteria
of
40
CFR
part
257
to
receive
this
subset
of
household
waste.
Based
on
a
groundwater
risk
analysis
used
to
support
the
TSCA
proposal,
we
believe
that
the
disposal
of
residential
LBP
debris
in
C&
D
landfills
is
appropriate
and
would
not
pose
adverse
health
risks
to
residents
living
near
C&
D
landfills.
(
For
more
information,
see
Section
VII
of
this
preamble.)
A
C&
D
landfill
will
be
defined
in
40
CFR
part
257
as
follows:
``
Construction
and
demolition
(
C&
D)
landfill
means
a
solid
waste
disposal
facility
subject
to
the
requirements
of
subparts
A
or
B
of
this
part
that
receives
construction
and
demolition
waste
and
does
not
receive
hazardous
waste
(
defined
in
§
261.3
of
this
chapter)
other
than
conditionally
exempt
small
quantity
generator
waste
(
defined
in
§
261.5
of
this
chapter),
or
industrial
solid
waste
(
defined
in
§
258.2
of
this
chapter).
A
C&
D
landfill
typically
receives
any
one
or
more
of
the
following
types
of
solid
wastes:
roadwork
material,
excavated
material,
demolition
waste,
construction/
renovation
waste,
and
site
clearance
waste.''
A
parallel
definition
is
also
being
added
to
40
CFR
part
258.
EPA
proposed
a
similar
definition
of
C&
D
landfill
in
the
TSCA
proposal,
and
received
no
germane
comments
on
the
definition
during
the
public
comment
period.

C.
Addition
of
Residential
Lead­
Based
Paint
Waste
Definition
Today's
rule
adds
a
definition
of
``
residential
lead­
based
paint
waste''
in
order
to
clarify
the
scope
of
the
waste
stream
addressed
by
today's
rule.
This
definition
of
residential
lead­
based
paint
waste
states:
``
Residential
leadbased
paint
waste
means
waste
generated
as
a
result
of
lead­
based
paint
activities
(
including
abatement,
rehabilitation,
renovation
and
remodeling)
in
homes
and
other
residences.
The
term
residential
leadbased
paint
waste
includes,
but
is
not
limited
to,
lead­
based
paint
debris,
chips,
dust,
and
sludges.''
Not
included
in
the
residential
LBP
waste
definition
are
residential
LBP
demolition
and
deconstruction
waste,
and
LBP
waste
from
nonresidential
structures
such
as
public
and
commercial
buildings,
warehouses,
bridges,
water
towers,
and
transmission
towers.
In
drafting
this
definition,
we
included
these
particular
LBP
activities
because
they
are
those
limited
to
residences
and
that
could
pose
lead
hazards
to
occupants,
especially
to
children.
We
included
these
particular
waste
types
(
i.
e.,
debris,
chips,
dust,
and
sludges)
because
they
are
those
that
are
typically
generated
during
the
named
LBP
activities.

VII.
Analytic
Basis
for
Today's
Rule
The
technical
basis
for
today's
rule
is
the
analytical
data
and
groundwater
risk
analysis
used
to
support
the
1998
TSCA
proposal.
(
See
``
USEPA.
June
1998,
Groundwater
Pathway
Analysis
for
Lead­
Based
Paint
(
LBP)
Architectural
Debris;
Background
Document''
in
the
docket
for
today's
rule.)
Based
on
that
data
and
analysis,
EPA
is
concluding
that
residential
LBP
waste
is
not
hazardous
household
waste
when
disposed
of
in
C&
D
landfills.
What
follows
is
a
discussion
of
that
data
and
analysis
and
how
they
support
today's
rule.
In
the
groundwater
risk
analysis
used
to
support
the
1998
TSCA
proposal,
we
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205
/
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October
23,
2001
/
Rules
and
Regulations
1
All
comments
and
data
received
in
response
to
the
1998
TSCA
proposal
may
be
accessed
via
Docket
Control
OPPTS
 
62160,
located
in
the
TSCA
Nonconfidential
Information
Center,
Rm.
NE
 
B607,
401
M
St.,
SW.,
Washington,
DC
20460.
The
TSCA
Nonconfidential
Information
Center
telephone
number
is
202
 
260
 
7099.
For
a
summary
of
the
comments,
especially
those
related
to
the
groundwater
risk
analysis,
see
``
Summary
of
Comments
on:
Management
and
Disposal
of
Lead­
Based
Paint
Debris;
Proposed
Rule,
and
Temporary
Suspension
of
Toxicity
Characteristic
Rule
for
Specified
Lead­
Based
Paint
Debris;
Proposed
Rule''
in
the
docket
for
today's
rule.
assumed
that
all
lead­
based
paint
from
the
entire
pre­
1978
U.
S.
housing
stock
would
be
disposed
of
in
C&
D
landfills,
and
that
the
LBP
would
be
removed
from
housing
while
it
was
still
attached
to
architectural
(
i.
e.,
building)
components
that
are
removed
during
LBP
activities.
Examples
of
architectural
components
are
doors,
window
frames,
moldings,
painted
plaster
boards,
concrete,
and
bricks.
We
assumed
that
the
components
would
be
removed
with
intact
LBP
because
we
believed
that
component
removal,
if
cost­
effective,
would
be
preferred
over
paint
scraping
and
other
paint
removal
options,
since
the
latter
pose
worker
and
occupant
exposure
concerns.
This
assumption
was
necessary
due
to
the
lack
of
data
indicating
what
portion
of
pre­
1978
housing
would
undergo
paint
removal
vs.
component
removal
and
what
types
and
quantities
of
LBP
waste
are
generated
at
what
frequency
from
various
residential
LBP
activities.
Also,
in
the
groundwater
analysis,
we
used
the
term
``
LBP
debris''
to
refer
to
architectural
components
with
intact
LBP.
To
estimate
lead
loading
from
residential
LBP
debris
in
C&
D
landfills
around
the
country,
we
relied
upon
the
1990
Report
to
Congress
prepared
by
the
U.
S.
Department
of
Housing
and
Urban
Development
(
HUD).
The
Report
estimated
total
quantities
of
building
components
from
pre­
1978
homes
in
the
U.
S.
From
the
amount
of
painted
surfaces
per
housing
unit
reported
in
the
HUD
Report,
we
estimated
the
total
quantities
of
building
materials
with
LBP
that
would
be
disposed
of
in
the
landfills.
Then,
in
our
groundwater
risk
analysis,
we
used
leachate
data,
calculated
the
potential
lead
concentration
in
groundwater,
and
estimated
risks
from
the
disposal
of
LBP
debris
in
C&
D
landfills.
We
also
assumed
that
all
of
the
lead
from
the
LBP
debris
(
which
in
this
analysis
meant
the
equivalent
of
all
of
the
lead
in
all
of
the
lead­
based
paint
from
the
entire
pre­
1978
U.
S.
housing
stock)
would
eventually
end
up
in
the
leachate.
The
lead
concentration
in
C&
D
landfill
leachate
varied
depending
on
the
landfill
size.
These
lead
concentrations
served
as
inputs
to
the
groundwater
modeling
we
conducted
to
simulate
the
subsurface
movement
of
landfill
leachate
and
the
resultant
potential
contamination
of
groundwater
with
lead.
The
results
from
this
analysis
show
that
the
lead
concentration
in
groundwater
would
potentially
exceed
the
drinking
water
action
level
of
0.015
mg/
L
for
lead
in
less
than
1%
of
the
receptor
wells
in
the
vicinity
of
C&
D
landfills
receiving
LBP
debris
during
the
first
2,000
years
after
disposal.
During
the
first
10,000
years
after
disposal
of
LBP
debris,
the
drinking
water
action
level
would
be
exceeded
in
fewer
than
5%
of
the
receptor
wells.
Based
on
these
groundwater
modeling
results
and
the
general
geochemical
behavior
of
lead
in
a
subsurface
environment,
the
Agency
concluded
that,
on
a
national
scale,
the
disposal
of
LBP
debris
in
C&
D
landfills
would,
in
general,
be
protective
of
human
health
and
the
environment
at
the
95th
percentile
protection
level.
This
level
of
protectiveness
is
at
the
high
end
(
i.
e.,
most
protective)
of
the
levels
that
the
Agency
has
used
in
regulating
hazardous
wastes
under
the
RCRA
program.
(
See
63
FR
70203,
December
18,
1998.)
When
deciding
whether
to
regulate
industrial
solid
wastes
as
hazardous
wastes,
the
Agency
has
considered
a
90th
percentile
or
higher
level
as
the
appropriate
protection
level
and
so
has
not
regulated
wastes
satisfying
this
level
of
protection
as
hazardous
wastes.
Thus,
in
the
1998
TSCA
proposal,
we
concluded
that
the
disposal
of
LBP
debris
in
C&
D
landfills
is
appropriate
and
would
not
pose
adverse
health
risks
to
residents
living
near
C&
D
landfills.
Note
that
the
Agency
received
many
public
comments
addressing
various
aspects
of
the
groundwater
risk
analysis.
The
comments
were
generally
supportive
of
the
proposed
provision
to
allow
LBP
debris
to
be
disposed
of
in
C&
D
landfills
and
provided
no
data
supporting
a
contrary
decision.
1
EPA
believes
that
the
technical
basis
for
the
1998
TSCA
proposal,
as
discussed
above,
also
supports
today's
rule.
This
is
because
our
groundwater
risk
analysis
assumed
that
the
total
mass
of
lead­
based
paint
from
pre­
1978
U.
S.
housing
was
disposed
of
in
C&
D
landfills,
and
that
all
of
the
lead
from
that
lead­
based
paint
ended
up
in
the
C&
D
landfill
leachate.
Hence,
it
was
irrelevant
to
the
results
of
the
analysis
whether
or
not
the
LBP
entered
the
C&
D
landfills
by
being
attached
to
architectural
components
(
i.
e.,
as
LBP
debris),
or
rather
did
so
in
the
form
of
other
types
of
LBP
waste,
such
as
chips,
dusts,
and
sludges.
In
conclusion,
we
have
determined
that
residential
LBP
waste
from
abatement,
rehabilitation,
renovation
and
remodeling
activities
does
not
pose
a
substantial
hazard
to
human
health
and
the
environment
when
disposed
of
in
C&
D
landfills.
The
disposal
of
residential
LBP
waste
in
C&
D
landfills
is
therefore
an
appropriate
and
legal
disposal
option.

VIII.
Other
Applicable
Federal,
State,
Tribal,
and
Local
Requirements
Today's
rule
will
not
alter
the
authority
of
State,
local
and
Tribal
governments
to
regulate
LBP
waste
more
stringently
than
does
EPA.
The
generators
of
residential
LBP
waste
should
contact
State
environmental
agencies
to
determine
if
there
are
additional
or
more
stringent
disposal
requirements
for
residential
LBP
waste.
Also,
generators
should
comply
with
applicable
HUD
and/
or
TSCA
regulations
when
addressing
residential
LBP
hazards.

IX.
How
Do
States
and
Tribes
Implement
This
Rule?

Because
today's
rule
is
less
stringent
than
existing
federal
criteria,
States
are
not
required
to
amend
permit
programs
which
have
been
determined
to
be
adequate
under
40
CFR
part
239.
States
have
the
option
to
amend
statutory
or
regulatory
definitions
pursuant
to
today's
direct
final
rule.
If
a
state
chooses
to
amend
its
permit
program
pursuant
to
today's
action,
the
State
must
notify
the
Regional
Administrator
of
the
modification
as
provided
by
40
CFR
239.12.
Today's
amendments
are
directly
applicable
to
landfills
in
States
without
an
approved
permit
program
under
Part
239
and
in
Indian
Country.
We
also
encourage
Tribes
to
adopt
today's
amendments
into
their
programs
in
order
to
promote
lead­
based
paint
abatement
activities
in
homes
and
other
residences
in
Indian
Country.

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

A.
Executive
Order
12866:
Regulatory
Planning
and
Review
Under
Executive
Order
12866,
EPA
must
determine
whether
a
regulatory
action
is
significant
and
therefore
subject
to
Office
of
Management
and
Budget
(
OMB)
review
and
the
other
provisions
of
the
Executive
Order.
The
Order
defines
a
significant
regulatory
action
as
one
that
is
likely
to
result
in
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Federal
Register
/
Vol.
66,
No.
205
/
Tuesday,
October
23,
2001
/
Rules
and
Regulations
a
rule
that
may:
(
1)
Have
an
annual
effect
on
the
economy
of
$
100
million
or
more
or
adversely
affect
in
a
material
way
the
economy,
a
sector
of
the
economy,
productivity,
competition,
jobs,
the
environment,
public
health
or
safety,
or
State,
local,
or
tribal
governments
or
communities;
(
2)
create
a
serious
inconsistency
or
otherwise
interfere
with
an
action
taken
or
planned
by
another
agency;
(
3)
materially
alter
the
budgetary
impact
of
entitlements,
grants,
user
fees,
or
loan
programs
or
rights
and
obligations
or
recipients
thereof;
or
(
4)
raise
novel
legal
or
policy
issues
arising
out
of
legal
mandates,
the
President's
priorities,
or
the
principles
set
forth
in
Executive
Order
12866.
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.
EPA
has
performed
a
full
economic
analysis,
``
Economic
Analysis
of
EPA's
Direct
Final
Rule
Amending
40
CFR
Part
257
and
258,''
which
is
available
in
the
docket
for
today's
rule.
The
EA
concludes
that
this
rule
will
impose
no
additional
costs
to
parties,
but
may
result
in
cost
savings
and
incremental
public
health
benefits.
The
rule
authorizes
the
disposal
of
residential
LBP
waste
in
C&
D
landfills,
where
previously,
under
the
July
31,
2000
policy
memorandum,
disposal
was
authorized
only
in
MSWLFs.
As
a
result,
EPA
believes
that,
in
those
parts
of
the
country
where
it
is
cheaper
to
transport
and
dispose
of
residential
LBP
waste
in
C&
D
landfills
compared
to
MSWLFs,
some
residential
LBP
waste
will
be
diverted
from
MSWLFs
to
C&
D
landfills.
Where
this
occurs,
generators
will
benefit
from
lower
waste
management
and
disposal
costs.
EPA
assumes
that
only
residential
LBP
waste
generators
in
the
Midwest,
Northeast,
and
South
regions
will
shift
disposal
from
MSWLFs
to
C&
D
landfills,
based
on
an
analysis
of
the
relative
costs
of
MSWLF
and
C&
D
landfill
disposal
by
region.
EPA
further
assumes
that
the
percentage
of
residential
LBP
waste
that
is
affected
is
proportional
to
the
share
of
these
three
regions
in
the
number
of
housing
units
with
LBP,
which
is
84.4
percent.
Under
these
assumptions,
an
estimated
0.87
million
tons
of
residential
LBP
waste
will
be
diverted
from
MSWLFs
to
C&
D
landfills
annually.
This
represents
0.73
percent
of
the
total
volume
of
all
waste
disposed
of
in
MSWLFs
annually.
This
shift
in
disposal
would
save
residential
LBP
waste
generators
in
the
Midwest,
Northeast,
and
South
regions
up
to
an
estimated
$
16.76
million
annually.
The
savings
accruing
to
generators
of
residential
LBP
abatement
waste
is
estimated
at
$
0.79
million
per
year,
while
the
savings
accruing
to
generators
of
residential
renovation
and
remodeling
waste
is
$
15.98
million
per
year.
EPA
estimates
that
of
the
$
0.79
million
in
savings
that
could
accrue
to
generators
of
residential
LBP
abatement
waste,
an
estimated
39.7
percent,
or
$
0.31
million,
will
be
generated
annually
in
the
public
housing
sector.
EPA
assumes
that
in
the
public
sector,
any
savings
in
residential
LBP
waste
management
and
disposal
costs
will
be
used
to
conduct
additional
LBP
abatements.
Given
an
average
cost
for
LBP
abatement
in
public
housing
units
of
$
3,650,
the
$
0.31
million
in
annual
savings
would
fund
an
additional
86
abatements
each
year.
This
ensuing
increase
in
LBP
abatement
projects
would
result
in
a
more
rapid
reduction
in
the
potential
for
exposure
to
the
hazards
of
LBP,
especially
for
children.
These
hazards
include
decreased
intelligence
(
i.
e.,
lower
IQ),
behavioral
problems,
reduced
physical
stature
and
growth,
and
impaired
hearing.

B.
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
that
meets
the
Small
Business
Administration
size
standards
established
for
industries
as
described
in
the
North
American
Industry
Classification
System
(
see
http://
www.
sba.
gov/
size/
NAICS­
coverpage
html;
(
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
direct
final
rule
on
small
entities,
I
certify
that
this
action
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
This
direct
final
rule
will
not
impose
any
new
requirements
on
small
entities.
The
rule
will
provide
an
additional
non­
mandatory
option
for
the
disposal
of
residential
LBP
waste.

C.
Paperwork
Reduction
Act
Today's
rule
is
in
compliance
with
the
Paperwork
Reduction
Act,
44
U.
S.
C.
3501
et
seq.
This
rule
does
not
require
the
collection
of
information
from
the
States,
Federal
Agencies,
or
industry.
Therefore,
we
do
not
need
to
prepare
an
Information
Collection
Request.

D.
Unfunded
Mandates
Reform
Act
Title
II
of
the
Unfunded
Mandates
Reform
Act
of
1995
(
UMRA),
Pub.
L.
104
 
4,
establishes
requirements
for
Federal
agencies
to
assess
the
effects
of
regulatory
actions
on
State,
local,
and
Tribal
governments,
and
the
private
sector.
Under
Section
202
of
the
UMRA,
EPA
generally
must
prepare
a
written
statement,
including
a
cost­
benefit
analysis,
for
proposed
and
final
rules
with
``
Federal
mandates''
that
may
result
in
expenditures
to
State,
local,
and
tribal
governments,
in
the
aggregate,
or
to
the
private
sector,
of
$
100
million
or
more
in
any
one
year.
Before
promulgating
an
EPA
rule
for
which
a
written
statement
is
needed,
Section
205
of
the
UMRA
generally
requires
EPA
to
identify
and
consider
a
reasonable
number
of
alternatives
and
adopt
the
least
costly,
most
cost
effective
or
least
burdensome
alternative
that
achieves
the
objective
of
the
rule.
The
provisions
of
Section
205
do
not
apply
when
they
are
inconsistent
with
applicable
law.
Moreover,
Section
205
allows
EPA
to
adopt
an
alternative
other
than
the
least
costly,
most
cost­
effective
or
least
burdensome
alternative
if
the
Administrator
publishes
with
the
final
rule
an
explanation
why
that
alternative
was
not
adopted.
Before
EPA
establishes
any
regulatory
requirements
that
may
significantly
or
uniquely
affect
small
governments,
including
tribal
governments,
it
must
have
developed
under
Section
203
of
the
UMRA
a
small
government
agency
plan.
The
plan
must
provide
for
notifying
potentially
affected
small
governments,
enabling
officials
of
affected
small
governments
to
have
meaningful
and
timely
input
in
the
development
of
EPA
regulatory
proposals
with
significant
Federal
intergovernmental
mandates,
and
informing,
educating,
and
advising
small
governments
on
compliance
with
the
regulatory
requirements.
Today's
rule
contains
no
Federal
mandates
(
under
the
regulatory
provisions
of
Title
II
of
the
UMRA)
for
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Register
/
Vol.
66,
No.
205
/
Tuesday,
October
23,
2001
/
Rules
and
Regulations
State,
local,
or
tribal
governments
or
the
private
sector.
This
rule
imposes
no
enforceable
duty
on
any
State,
local
or
tribal
governments
or
the
private
sector.
Thus,
today's
rule
is
not
subject
to
the
requirements
of
sections
202
and
205
of
UMRA.

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.''
This
direct
final
rule
does
not
have
federalism
implications.
It
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.
As
explained
in
Section
IX
of
this
preamble,
none
of
today's
revisions
are
more
stringent
or
broaden
the
scope
of
the
existing
Federal
requirements.
Therefore,
States
are
not
required
to
adopt
the
revision
to
the
definition
of
MSWLF
unit
nor
the
additional
definitions
of
construction
and
demolition
(
C&
D)
landfill
and
residential
lead­
based
paint
waste
in
today's
rule.
Thus,
Executive
Order
13132
does
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
6,
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.''
``
Policies
that
have
tribal
implications''
is
defined
in
the
Executive
Order
to
include
regulations
that
have
``
substantial
direct
effects
on
one
or
more
Indian
tribes,
on
the
relationship
between
the
Federal
government
and
the
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
government
and
Indian
tribes.''
This
direct
final
rule
does
not
have
tribal
implications.
It
will
not
have
substantial
direct
effects
on
tribal
governments,
on
the
relationship
between
the
Federal
government
and
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
government
and
Indian
tribes,
as
specified
in
Executive
Order
13175.
Today's
rule
expressly
provides
an
additional
option
for
disposal
of
certain
waste
applicable
in
Indian
Country,
but
does
not
create
any
mandate
on
Indian
tribal
governments.
Thus,
Executive
Order
13175
does
not
apply
to
this
rule.

G.
Executive
Order
13045:
Protection
of
Children
From
Environmental
Risks
and
Safety
Risks
Executive
Order
13045,
``
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks''
applies
to
any
rule
that:
(
1)
Is
determined
to
be
``
economically
significant''
as
defined
under
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.
However,
this
rule
will
affect
decisions
involving
the
environmental
health
or
safety
risks
to
children.
It
will
benefit
children
by
allowing
environmentally
protective
disposal
of
residential
lead­
based
paint
waste
in
C&
D
landfills,
which
is
less
costly
than
disposal
in
MSWLFs
in
certain
areas
of
the
U.
S.,
therefore
reducing
the
cost
of
lead
abatements.
Reducing
the
cost
of
LBP
abatements
will
also
reduce
the
amount
of
time
needed
to
complete
abatements
in
public
housing.
Lower
abatement
costs
may
increase
the
amount
of
private
homes
undergoing
abatements.
By
reducing
costs
associated
with
the
disposal
of
LBP
waste,
the
Agency
believes
that
the
number
of
abatements
may
marginally
increase,
thus
resulting
in
a
reduction
of
the
number
of
children
exposed
to
LBP.

H.
National
Technology
Transfer
and
Advancement
Act
of
1995
Section
12(
d)
of
the
National
Technology
Transfer
and
Advancement
Act
of
1995
(
NTTAA),
Pub
L.
No.
104
 
113,
12(
d)
(
15
U.
S.
C.
272
note)
directs
us
to
use
voluntary
consensus
standards
in
our
regulatory
activities
unless
to
do
so
would
be
inconsistent
with
applicable
law
or
otherwise
impractical.
Voluntary
consensus
standards
are
technical
standards
(
for
example,
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
we
decide
not
to
use
available
and
applicable
voluntary
consensus
standards.
Today's
rule
does
not
involve
technical
standards,
voluntary
or
otherwise.
Therefore,
the
NTTAA
does
not
apply
to
today's
rule.

I.
Executive
Order
12898:
Environmental
Justice
Strategy
Under
Executive
Order
12898,
``
Federal
Actions
to
Address
Environmental
Justice
in
Minority
Populations
and
Low­
Income
Populations,''
as
well
as
through
EPA's
April
1995,
``
Environmental
Justice
Strategy,
OSWER
Environmental
Justice
Task
Force
Action
Agenda
Report,''
and
National
Environmental
Justice
Advisory
Council,
EPA
has
undertaken
to
incorporate
environmental
justice
into
its
policies
and
programs.
EPA
is
committed
to
addressing
environmental
justice
concerns,
and
is
assuming
a
leadership
role
in
environmental
justice
initiatives
to
enhance
environmental
quality
for
all
residents
of
the
United
States.
The
Agency's
goals
are
to
ensure
that
no
segment
of
the
population,
regardless
of
race,
color,
national
origin,
or
income,
bears
disproportionately
high
and
adverse
human
health
and
environmental
effects
as
a
result
of
EPA's
policies,
programs,
and
activities.
Today's
rule
is
not
expected
to
negatively
impact
any
community,
and
therefore
is
not
expected
to
cause
any
disproportionately
high
and
adverse
impacts
to
minority
or
low­
income
communities
versus
non­
minority
or
affluent
communities.
On
the
contrary,
since
the
rule
will
reduce
the
cost
of
performing
LBP
abatements
in
certain
regions
of
the
U.
S.,
EPA
assumes
that
the
savings
will
afford
public
housing
authorities,
in
particular,
the
opportunity
to
conduct
additional
abatements
of
LBP
hazards
in
affected
housing
units.
Tenants
of
public
housing
units
are
possibly
more
likely
to
be
minority
and
lower­
income
households,
and
the
rule
should
have
the
effect
of
providing
a
differential
benefit
to
such
populations.

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
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Federal
Register
/
Vol.
66,
No.
205
/
Tuesday,
October
23,
2001
/
Rules
and
Regulations
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
[
January
22,
2002].

K.
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.

List
of
Subjects
40
CFR
Part
257
Environmental
protection,
Waste
treatment
and
disposal.

40
CFR
Part
258
Environmental
protection,
Reporting
and
recordkeeping
requirements,
Waste
treatment
and
disposal,
Water
pollution
control.

Dated:
September
28,
2001.
Christine
Todd
Whitman,
Administrator.

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

PART
257
 
[
AMENDED]

1.
The
authority
citation
for
part
257
is
revised
to
read
as
follows:

Authority:
42
U.
S.
C.
6907(
a)(
3),
6912(
a)(
1),
6944(
a),
and
6949a(
c);
33
U.
S.
C.
1345(
d)
and
(
e).
2.
Section
257.2
is
amended:
a.
By
adding
in
alphabetical
order
the
definitions
for
``
Construction
and
demolition
(
C&
D)
landfill''
and
``
Residential
lead­
based
paint
waste''.
b.
By
revising
the
definition
of
``
Municipal
solid
waste
landfill
(
MSWLF)
unit''.
The
revision
and
additions
read
as
follows:

§
257.2
Definitions.

*
*
*
*
*
Construction
and
demolition
(
C&
D)
landfill
means
a
solid
waste
disposal
facility
subject
to
the
requirements
of
subparts
A
or
B
of
this
part
that
receives
construction
and
demolition
waste
and
does
not
receive
hazardous
waste
(
defined
in
§
261.3
of
this
chapter)
other
than
conditionally
exempt
small
quantity
generator
waste
(
defined
in
§
261.5
of
this
chapter),
or
industrial
solid
waste
(
defined
in
§
258.2
of
this
chapter).
A
C&
D
landfill
typically
receives
any
one
or
more
of
the
following
types
of
solid
wastes:
roadwork
material,
excavated
material,
demolition
waste,
construction/
renovation
waste,
and
site
clearance
waste.
*
*
*
*
*
Municipal
solid
waste
landfill
(
MSWLF)
unit
means
a
discrete
area
of
land
or
an
excavation
that
receives
household
waste,
and
that
is
not
a
land
application
unit,
surface
impoundment,
injection
well,
or
waste
pile,
as
those
terms
are
defined
in
this
section.
A
MSWLF
unit
also
may
receive
other
types
of
RCRA
Subtitle
D
wastes,
such
as
commercial
solid
waste,
nonhazardous
sludge,
and
industrial
solid
waste.
Such
a
landfill
may
be
publicly
or
privately
owned.
A
MSWLF
unit
may
be
a
new
MSWLF
unit,
an
existing
MSWLF
unit
or
a
lateral
expansion.
A
construction
and
demolition
landfill
that
receives
residential
lead­
based
paint
waste
and
does
not
receive
any
other
household
waste
is
not
a
MSWLF
unit.
*
*
*
*
*
Residential
lead­
based
paint
waste
means
waste
generated
as
a
result
of
lead­
based
paint
activities
(
including
abatement,
rehabilitation,
renovation
and
remodeling)
in
homes
and
other
residences.
The
term
residential
leadbased
paint
waste
includes,
but
is
not
limited
to,
lead­
based
paint
debris,
chips,
dust,
and
sludges.
*
*
*
*
*

PART
258
 
[
AMENDED]

1.
The
authority
citation
for
part
258
continues
to
read
as
follows:

Authority:
33
U.
S.
C.
1345(
d)
and
(
e);
42
U.
S.
C.
6902(
a),
6907,
6912(
a),
6944,
6945(
c)
and
6949a(
c).

2.
Section
258.2
is
amended:
a.
By
adding
in
alphabetical
order
the
definitions
for
``
Construction
and
demolition
(
C&
D)
landfill''
and
``
Residential
lead­
based
paint
waste''.
b.
By
revising
the
definition
of
``
Municipal
solid
waste
landfill
(
MSWLF)
unit''
.
The
revision
and
additions
read
as
follows:

§
258.2
Definitions.

*
*
*
*
*
Construction
and
demolition
(
C&
D)
landfill
means
a
solid
waste
disposal
facility
subject
to
the
requirements
of
part
257,
subparts
A
or
B
of
this
chapter
that
receives
construction
and
demolition
waste
and
does
not
receive
hazardous
waste
(
defined
in
§
261.3
of
this
chapter)
other
than
conditionally
exempt
small
quantity
generator
waste,
(
defined
in
§
261.5
of
this
chapter),
or
industrial
solid
waste
(
defined
in
this
section).
A
C&
D
landfill
typically
receives
any
one
or
more
of
the
following
types
of
solid
wastes:
roadwork
material,
excavated
material,
demolition
waste,
construction/
renovation
waste,
and
site
clearance
waste.
*
*
*
*
*
Municipal
solid
waste
landfill
(
MSWLF)
unit
means
a
discrete
area
of
land
or
an
excavation
that
receives
household
waste,
and
that
is
not
a
land
application
unit,
surface
impoundment,
injection
well,
or
waste
pile,
as
those
terms
are
defined
under
§
257.2
of
this
chapter.
A
MSWLF
unit
also
may
receive
other
types
of
RCRA
Subtitle
D
wastes,
such
as
commercial
solid
waste,
nonhazardous
sludge,
and
industrial
solid
waste.
Such
a
landfill
may
be
publicly
or
privately
owned.
A
MSWLF
unit
may
be
a
new
MSWLF
unit,
an
existing
MSWLF
unit
or
a
lateral
expansion.
A
construction
and
demolition
landfill
that
receives
residential
lead­
based
paint
waste
and
does
not
receive
any
other
household
waste
is
not
a
MSWLF
unit.
*
*
*
*
*
Residential
lead­
based
paint
waste
means
waste
generated
as
a
result
of
lead­
based
paint
activities
(
including
abatement,
rehabilitation,
renovation
and
remodeling)
in
homes
and
other
residences.
The
term
residential
leadbased
paint
waste
includes,
but
is
not
limited
to,
lead­
based
paint
debris,
chips,
dust,
and
sludges.
*
*
*
*
*
[
FR
Doc.
01
 
26094
Filed
10
 
22
 
01;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
DEPARTMENT
OF
TRANSPORTATION
Coast
Guard
46
CFR
Part
126
[
USCG
 
2001
 
10164]

RIN
2115
 
AG17
Alternate
Compliance
Program;
Incorporation
of
Offshore
Supply
Vessels
AGENCY:
Coast
Guard,
DOT.
ACTION:
Direct
final
rule;
request
for
comments.

VerDate
11<
MAY>
2000
16:
26
Oct
22,
2001
Jkt
197001
PO
00000
Frm
00036
Fmt
4700
Sfmt
4700
E:\
FR\
FM\
23OCR1.
SGM
pfrm07
PsN:
23OCR1
