Solid Waste Programs; Management Guidelines for Beverage Containers and Resource Recovery Facilities Guidelines; Removal of Obsolete Guidelines

I. Authority

This rule is being issued under the authority of sections 1008, 2002, 6001, and 6004 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 and the Hazardous and Solid Waste Amendments of 1984; 42 U.S.C. 6961.

II. Introduction

On March 4, 1995, the President directed all Federal agencies and departments to conduct a comprehensive review of the regulations they administer and by June 1, 1995, to identify those rules that are obsolete or unduly burdensome. EPA has conducted a review of all its rules, including rules issued under the Resource Conservation and Recovery Act (RCRA). Based on that review, EPA is today withdrawing parts 244 and 245 from the CFR. In addition to the removal of parts 244 and 245, the EPA of Office of Solid Waste and Emergency Response identified a number of other rules that were obsolete as a matter of law or policy, and rules that needed clarifications in order to make certain provisions easier to read and understand. EPA has already published rules to address this (see 60 FR 33912 and 61 FR 18501) and plans to publish additional actions to further eliminate unnecessary rules and clarify others as appropriate. The Office of Solid Waste and Emergency Response intends to continue to evaluate its regulations to determine if they can be further simplified or stremlined.

III. Obsolete Guidelines

A. 40 CFR Part 244--Solid Waste Management Guidelines for Beverage Containers

On September 21, 1976, EPA issued guidelines for reducing beverage container waste. The guidelines, published in 40 CFR Part 244, were mandatory for Federal facilities and recommended for adoption by state and local governments and private agencies. These guidelines were intended to achieve a reduction in beverage container solid waste and litter, resulting in savings in waste collection and disposal costs to the Federal government. They were also intended to achieve the conservation and more efficient use of energy and other resources through the development of effective beverage distribution and container collection systems. The guidelines would achieve these goals by making all beverage containers on Federal facilities returnable and by encouraging reuse or recycling of the returned containers. To accomplish the return of a beverage container, a deposit of at least five cents on each returnable beverage container was to be paid upon purchase by the consumer and refunded to the consumer. The guidelines allowed Federal agencies not to implement the provisions in various situations where the requirements were not practical. When these guidelines were promulgated in 1976, there were few other requirements for recycling beverage containers or other materials. Since then, Federal agencies have met the challenge of recycling by implementing, in-house or by contract, programs for collection of a number of recyclable materials, including beverage containers. Many state and local governments now require or encourage such collection programs. Under RCRA Section 6001, Federal facilities must meet such municipal or state recycling requirements. Furthermore, in 1993, President Clinton issued Executive Order 12873, ``Federal Acquisition, Recycling, and Waste Prevention.'' Section 705 of the Executive Order requires each Executive agency that has not already done so to initiate a program to promote cost effective waste prevention and recycling of reusable materials at all of its facilities. Recycling programs implemented pursuant to Section 705 must be compatible with applicable state and local governments to promote recycling and waste reduction in the community. During the first year after E.O. 12873 was signed, many Federal departments and agencies implemented or expanded recycling programs. To make this effort more efficient, the General Services Administration (GSA) provides contracts for collection of recyclables in many Federal offices. For more information on Federal collection programs and examples of agency accomplishments, see the docket to this rule. With the implementation of RCRA Section 6001, E.O. 12873, and state and local recycling collection mandates and programs, there is no longer a need for separate guidelines for Federal facilities on beverage containers. Indeed, these other requirements establish a more comprehensive and integrated recycling program. Therefore, EPA is withdrawing 40 CFR Part 244.

B. 40 CFR Part 245--Resource Recovery Facilities Guidelines

On September 21, 1976, EPA issued guidelines for resource recovery facilities that were applicable to the recovery of resources from residential, commercial, or institutional solid wastes. The guidelines delineated minimum actions for Federal agencies for planning and establishing resource recovery facilities. Resource recovery facilities were defined in the guidelines as ``any physical plant that processes residential, commercial, or institutional solid wastes biologically, chemically, or physically, and recovers useful products, such as shredded fuel, combustible oil or gas, steam, metal, glass, etc. for recycling.'' In addition, the guidelines included recommended actions for state, interstate, regional, and local governments. These guidelines applied to all Federal agencies with jurisdiction over any real property or facility, the operation or administration of which involved such agency in residential, commercial, or institutional solid waste disposal activities either in-house or by contract. Federal land that was used solely for the disposal of non-Federal solid waste was not considered real property or a facility for the purpose of these guidelines. Since the promulgation of Part 245, more comprehensive programs and guidelines have been developed to address Federal and state solid waste activities related to resource recovery facilities. For example, the 40 CFR Part 256 guidelines, promulgated in July, 1979, were developed to assist in the development and implementation of state solid waste management plans, in accordance with Section 4002(b) of the Solid Waste Disposal Act as amended by RCRA. These guidelines address the minimum requirements for approval of state plans, including resource recovery programs, facility planning and implementation. In particular, Section 256.30 requires that state plans address policies and strategies for resource recovery, conservation activities, and local government contracts for the supply of solid waste to resource recovery facilities. Also, Sec. 256.40 requires that state plans ``provide for adequate resource conservation, recovery, storage, treatment and disposal facilities and practices necessary to use or dispose of solid and hazardous waste in an environmentally sound manner.'' Since the promulgation of Part 256, many states have developed Federally approved solid waste management plans, and in some cases the state requirements are more stringent than the Federal guidelines. Under RCRA section 6001 Federal facilities must comply with such state resource recovery requirements. The activities promoted under 40 CFR Part 245, dealing with recovery of resources and resource recovery facilities, are also addressed in many state and local recycling programs mentioned above and in many comprehensive statewide solid waste management laws enacted since 1976. These laws and programs provide a more integrated framework for resource recovery facilities than 40 CFR Part 245 does. Since 40 CFR Part 256 and related state and local laws incorporate the older Part 245 requirements for facility planning and implementation for resource recovery programs, the guidelines in 40 CFR Part 245 are considered obsolete. Accordingly, EPA is removing these resource recovery guidelines from the CFR.

IV. Analysis under Executive Order (E.O.) 12866, the Unfunded Mandates Reform Act of 1995, and the Paperwork Reduction Act

Because the withdrawal of these guidelines from the CFR reflects their current obsolescence and has no regulatory impact, this action is not a ``significant'' regulatory action within the meaning of E.O. 12866, and does not impose any Federal mandate on state, local, or tribal governments or the private sector within the meaning of the Unfunded Mandates Reform Act of 1995. For the same reasons, their deletion from the CFR does not affect requirements under the Paperwork Reduction Act.

V. Regulatory Flexibility Act

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, generally requires an agency to prepare, and make available for public comment, a

regulatory flexibility analysis that describes the impact of a proposed or final rule on small entities (i.e., small businesses, small organizations, and small governmental jurisdictions). However, no regulatory flexibility analysis is required if the head of an agency certifies the rule will not have a significant adverse economic impact on a substantial number of small entities. Today's rule is deregulatory in nature. The effect of today's final rule is to remove obsolete guidelines which are mandatory only for Federal facilities. Therefore, I certify that today's rule will not have a significant economic impact on a substantial number of small entities. As a result, no Regulatory Flexibility Analysis is needed.

VI. Submission To Congress And The General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 General Accounting Office prior to publication of the rule in today's Federal Register. This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects

40 CFR Part 244

Environmental Protection, Beverages, Government property, Recycling.

40 CFR Part 245

Government property, Recycling.

Dated: December 20, 1996. Carol M. Browner, Administrator. For the reasons set forth in the preamble and under the authority of 42 U.S.C. sections 6907, 6912, 6961, and 6964, Title 40, Chapter I of the Code of Federal Regulations is amended as follows:

PART 244--[REMOVED]

1. Part 244 is removed.

PART 245--[REMOVED]

2. Part 245 is removed. [FR Doc. 96-32967 Filed 12-30-96; 8:45 am] BILLING CODE 6560-50-P