[Federal Register Volume 61, Number 252 (Tuesday, December 31, 1996)] [Proposed Rules] [Pages 69059-69060] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-32968] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 244 and 245 [FRL-5670-7] Solid Waste Programs; Management Guidelines for Beverage Containers and Resource Recovery Facilities Guidelines; Removal of Obsolete Guidelines
Agency
Environmental Protection Agency (EPA).
Action
Notice of proposed rulemaking.
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Summary
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 its rules, including rules issued under the Resource Conservation and Recovery Act (RCRA). Based on the review, EPA is today proposing to remove from the Code of Federal Regulations (CFR) two guidelines pertaining to solid waste management which are obsolete. The activities addressed in these 1976 guidelines have been included in numerous state and local statutes and regulations and other Federal rules, or have been superseded by such Presidential actions as Executive Order 12873, ``Federal Acquisition, Recycling, and Waste Prevention.'' These guidelines are now obsolete because: the need for Part 244 guidelines for Federal facilities on beverage containers has passed with the implementation of state and local recycling mandates and requirements, RCRA Section 6001 requirements, and Executive Order 12873, and Part 245 requirements are incorporated into state and local laws and Part 256, which addresses the requirements for facility planning and implementation of resource recovery programs. Therefore, deleting these guidelines from the CFR will have no measurable impact on solid waste management. In the rules and regulations section of today's Federal Register, EPA is also promulgating a direct final rule to withdraw Parts 244 and 245 from Title 40 of the Code of Federal Regulations (CFR). A detailed rationale for the removal of these guidelines is set forth in the direct final rule and is incorporated herein. Potential commenters should consult that notice. If no adverse comments are received in response to this notice, no further activity is contemplated in relation to this proposed rule and Parts 244 and 245 will be withdrawn. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time.
Dates
Written comments on this proposed rule must be received by January 30, 1997.
Addresses
Written comments (one original and two copies) should reference docket number F-96-MRBP-FFFFF and be addressed to: RCRA Docket and Information Center (RIC), Office of Solid Waste (5305W), U.S. Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460. Supporting docket materials can be viewed at and hand deliveries of comments can be made to the following address: Crystal Gateway I, first floor, 1235 Jefferson Davis Highway, Arlington, VA. The RIC is open from 9 a.m. to 4 p.m. Monday through Friday, excluding federal holidays. To review docket materials, it is recommended that the public make an appointment by calling 703 603-9230. The public may copy a maximum of 100 pages from any regulatory docket at no charge. Additional copies cost $0.15/page.
For Further Information Contact
Deborah Gallman (703) 308-7276, U.S. EPA, Office of Solid Waste and Emergency Response, 401 M Street, S.W., (5306W), Washington, D.C. 20460, or the RCRA Hotline, phone (800) 424- 9346 or TDD (800) 553-7672 hearing impaired or (703) 412-9810 or TDD (703) 412-3323 in the Washington, D.C., metropolitan area.
Supplementary Information
I. Authority
This rule is being proposed 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. Additional Information
For additional information, see the corresponding direct final rule published in the rules and regulations section of this Federal Register.
III. 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.
IV. 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. This proposed rule is deregulatory in nature. The effect of the proposed rule is to remove obsolete guidelines which are mandatory only for Federal facilities. Therefore, I certify that this proposed rule will not have a significant economic impact on a substantial number of small entities. As a result, no Regulatory Flexibility Analysis is needed.
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. [FR Doc. 96-32968 Filed 12-30 -96; 8:45 am] BILLING CODE 6560-50-P