[Federal Register Volume 64, Number 242 (Friday, December 17, 1999)] [Rules and Regulations] [Pages 70602-70606] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-32075] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 243 [FRL-6505-6] RIN 2050-AE66 Revisions to Guidelines for the Storage and Collection of Residential, Commercial, and Institutional Solid Waste AGENCY: Environmental Protection Agency. ACTION: Direct Final Rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency is revising Guidelines for the Storage and Collection of Residential, Commercial, and Institutional Solid Waste to incorporate by reference new voluntary consensus standards from the American National Standards Institute (ANSI). We are making these revisions in response to a petition for rulemaking from the Waste Equipment Technology Association who requested that we update the references to ANSI standards. This revision assures that the Guidelines include references to the most current national safety standards. DATES: This final action will become effective on March 17, 2000 unless EPA receives adverse comment by January 18, 2000. If we receive adverse comment, we will publish a withdrawal of this direct final rule in the Federal Register informing the public that the rule will not take effect. The Director of the Federal Register approved the incorporation by reference of the publications listed in rule March 17, 2000. ADDRESSES: Commenters must send an original and two copies of their comments referencing docket number F-99-COLF-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), 401 M Street, SW, 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-99-COLF-FFFFF and must be submitted as an ASCII file avoiding the use of special characters and any form of encryption. You can view supporting materials for this document in the 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-99- COLF-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 is available electronically. See the Supplementary Information section for information on accessing the index. 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 more detailed information on specific aspects of this rulemaking, contact Mr. Dwight Hlustick, U. S. Environmental Protection Agency, Office of Solid Waste (5306W), 401 M Street, SW, Washington, DC 20460, 703 308-8647, [HLUSTICK [email protected]]. SUPPLEMENTARY INFORMATION: The index of supporting information is available on the Internet. Follow these instructions to access the index electronically: WWW: http://www.epa.gov/osw/ FTP: ftp.epa/gov Login: anonymous Password: your Internet address Files are located in /pub/epaoswer. The following supporting materials are available for viewing in the RCRA Information Center (RIC): Petition for Rulemaking--Proposed Modification to the Requirements and Recommended Procedures for Solid Waste Collection Equipment (40 CFR Part 243), submitted to Robert Dellinger and Larry Starfield (US EPA), submitted from Waste Equipment Technology Association, March 24, 1997. Mobile Refuse Collection and Compaction Equipment--Safety Requirements, 1992, American National Standards Institute, ANSI Z245.1- 1992. Stationary Compactors--Safety Requirements, 1997, American National Standards Institute, ANSI Z245.2-1997. Waste Containers--Safety Requirements, 1994, American National Standards Institute, ANSI Z245.30-1994. Waste Containers--Compatibility Dimensions, 1996, American National [[Page 70603]] Standards Institute, ANSI Z245.60-1996. Regulated Entities. The entities that will be potentially regulated by this action are public or private owners or operators of solid waste collection and transport equipment, and include the following: ------------------------------------------------------------------------ Examples of regulated Category entities ------------------------------------------------------------------------ Federal Government........................ Agencies procuring waste services. Industry.................................. Owners or operators of solid waste collection services. Municipal and Tribal Governments.......... Owners or operators of solid waste collection services. ------------------------------------------------------------------------ This table is a guide for readers that describes which entities are likely to be affected by this action. It lists the types of entities EPA is now aware could potentially be impacted by today's action. It is possible that other types of entities not listed in the table could also be affected. To determine whether you would be impacted by this action, you should carefully examine the applicability criteria. If you have questions about whether this action applies to a particular facility, please consult Mr. Dwight Hlustick, U. S. Environmental Protection Agency, Office of Solid Waste (5306W), 401 M Street, SW, Washington, DC 20460, 703 308-8647, [HLUSTICK [email protected]]. Preamble Outline I. Under what authority is EPA promulgating this rule? II. What is the background for this rule? III. What does this rule do? IV. How does this rule comply with applicable statutes and executive orders? A. Executive Order 12866 (OMB Review): B. Regulatory Flexibility Act C. Unfunded Mandates Reform Act D. Paperwork Reduction Act E. Executive Order 12875: Enhancing the Intergovernmental Partnership F. Executive Order 13084: Consultation and Coordination with Indian Tribal Governments G. Executive Order 13045: Protection of Children from Environmental Risks and Safety Risks H. National Technology Transfer and Advancement Act of 1995 I. Executive Order 12898: Environmental Justice J. Executive Order 12088 (Compliance of Federal Agencies with the Solid Waste Disposal Act): K. Submission to Congress and General Accounting Office I. Under What Authority is EPA Promulgating This Rule? The Agency is promulgating this rule under the authority of Sections 1008(a)(3), 2002(a)(1), and 4004(a) of the Resource Conservation and Recovery Act (RCRA), as amended, 42 USC 6907(a)(3), 6912(a)(1), and 6944(a). II. What is the Background for This Rule? EPA promulgated the Part 243--Guidelines for the Storage and Collection of Residential, Commercial, and Institutional Solid Waste in 1976. In 40 CFR 243.202-1(d), these guidelines referenced safety standards that had been established as consensus standards. The reference was to American National Standards Institute (ANSI ) standard Z245.1--Safety Standards for Refuse Collection Equipment. ANSI's current policy is to revise each standard every five years. This means that the safety standards referenced in 40 CFR 243.202-1(d) have been revised since 1976. The original safety standard referenced in the 1976 guideline has been expanded in scope. In 1976, ANSI Z245.1 covered the following types of collection equipment; (1) Rear-loading compaction equipment, (2) Side-loading compaction equipment, (3) Front-loading compaction equipment, (4) Tilt-frame equipment, (5) Hoist-type equipment, (6) Satellite vehicles, (7) Special collection compaction equipment, and (8) Stationary compaction equipment. Now Z245.1 has evolved into the following series of four separate standards. (1) Z245.1--Mobile Refuse Collection and Compaction Equipment-- Safety Requirements; a. Front-loading equipment, b. Rear-loading equipment, c. Satellite vehicles d. Side-loading equipment, e. Tilt-frame and hoist-type equipment, f. Mechanized container collecting vehicles, g. Recycling vehicles, and h. Transfer trailers; (2) Z245.2--Stationary Compactors--Safety Requirements; (3) Z245.3--Waste Containers--Safety Requirements; and (4) Z245.6--Waste Containers--Compatibility Dimensions. In today's rule, EPA is revising the Part 243 guidelines to incorporate the above four standards. Each type of equipment covered in the original guideline is still covered in these revisions. In addition, EPA has added voluntary consensus standards for waste containers which did not exist at the time of the original rulemaking. The waste container standards were added because waste containers are an integral part of most waste collection systems. The petitioners also requested that balers be included in this regulation. Although they are an important part of some waste collection systems, they are not an integral part of many waste collection systems and they were not included in the original regulation. There may also be some question whether balers should be considered part of a waste collection system. Therefore, EPA is not including standards for balers in this rule. III. What Does This Rule Do? Overview of This Rule This rule changes three sections; Secs. 243.100, 243.200-1, and 243.202-1. The changes are made through incorporation by reference. All of the changes are made in the ``Requirements'' sections of the guideline. ``Requirements'' are minimum levels of performance that solid waste collection operations are required to meet. These guidelines are mandatory for Federal agencies and recommended to State, interstate, regional, and local governments for their activities. Specific Changes The changes to Sec. 243.100 paragraphs (c) and (g) update references to an Executive Order. The current regulations refer to Executive Order 11752. That Executive Order has been replaced by Executive Order 12088. Today's rule changes the text to refer to the new Executive Order 12088. The changes to Sec. 243.200-1 add a new paragraph (e). The new paragraph (e) adds the Safety Requirements and Compatibility Dimensions to the Waste Containers requirement of the guidelines. These guidelines address requirements for waste containers used for storage of solid waste and for materials that have been separated for the purpose of recycling. The changes to Sec. 243.202-1 update the safety requirements for both mobile equipment and stationary compactors. The safety requirements for mobile equipment are updated from the 1976 standards to new standards finalized in 1992. The safety requirements for stationary compactors are updated from [[Page 70604]] the 1976 standards to new standards finalized in 1997. The safety requirements are applicable to many types of solid waste collection vehicles and to stationary compactors. Why EPA Is Making These Changes We are making these changes at the request of Waste Equipment Technology Association to modify the ANSI standards because we believe the newer standards have a number of improved safety provisions. For example, the updated standards require the use of grab handles, riding steps, and slip resistant surfaces on loading platforms. Therefore, we believe, that if the industry follows these new standards, the accident rate for solid waste collection industry should be reduced. These features should reduce risks both to people who collect solid waste as well as to the general public. IV. How Does This Rule Comply With Applicable Statutes and Executive Orders? A. Executive Order 12866 (OMB Review) Under Executive Order 12866, EPA must determine whether a regulatory action is significant and therefore subject to OMB review and the other provisions of the Executive Order. A significant regulatory action is defined by Executive Order 12866 as one 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. We have 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. 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 (SBREFA), 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 impact on a substantial number of small entities. SBREFA amended the Regulatory Flexibility Act to require Federal agencies to provide a statement of the factual basis for certifying that a rule will not have a significant economic impact on a substantial number of small entities. The following discussion explains EPA's determination. The effect of this rule is to encourage purchasers of waste containers and solid waste collection vehicles to procure equipment that meets current industry voluntary consensus standards for safety. The rule contains recommendations, not requirements, to State and local governments; therefore, it does not impose new burdens on small entities. Additionally, it is the Agency's understanding that all new solid waste collection equipment meets the current ANSI standards. As a result, this rule does not impose new burdens on small entities. Therefore, pursuant to 5 U.S.C. 605b, I hereby certify that this rule will not have a significant adverse impact on a substantial number of small entities. Hence, this rule does not require a regulatory flexibility analysis. C. 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 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. EPA's analysis of compliance with the Unfunded Mandates Reform Act of 1995 found that 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. States are encouraged to participate in the development of voluntary consensus standards such as the ones referenced in this rule. D. Paperwork Reduction Act Today's rule is in compliance with the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. We found that no information is being collected from the States, Federal Agencies, or industry for the existing rule and today's revision would not require the collection of any additional information. Therefore, we do not need to prepare an Information Collection Request (ICR). 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 [[Page 70605]] 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 (OM), 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. ``This is so because the incorporation of these revised ANSI standards into the Part 243 guidelines imposes no mandate on states or local governments. Instead, we provide the Part 243 guidelines only as recommendations for states, interstate, regional, and local governments. Part 243 sets forth requirements only for federal agencies. See 40 CFR section 243.100(c).'' Thus, the requirements of section 6 of the Executive Order do not apply to this rule. F. Executive Order 13084: Consultation and Coordination with Indian Tribal Governments Under Executive Order 13084, EPA may not issue a regulation that is not required by statute, that significantly or uniquely affects the communities of Indian tribal governments, and that imposes substantial direct compliance costs on those communities, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by the tribal governments, or EPA consults with those governments. If EPA complies by consulting, Executive Order 13084 requires EPA to provide to the Office of Management and Budget, in a separately identified section of the preamble to the rule, a description of the extent of EPA's prior consultation with representatives of affected tribal governments, a summary of the nature of their concerns, and a statement supporting the need to issue the regulation. In addition, Executive Order 13084 requires EPA to develop an effective process permitting elected officials and other representatives of Indian tribal governments ``to provide meaningful and timely input in the development of regulatory policies on matters that significantly or uniquely affect their communities.'' Today's rule change does not significantly or uniquely affect the communities of Indian tribal governments. The impact of these revisions on tribal governments is minimal and no different than any other governmental entity affected. These revisions do not require any new mandates for the tribes, but merely update existing voluntary standards. Accordingly, the requirements of section 3(b) of Executive Order 13084 do not apply to this rule. G. Executive Order 13045: Protection of Children From Environmental Health 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 E.O. 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 E.O. 13045 because it is not an economically significant rule as defined by E.O. 12866, and because it does not affect decisions involving the environmental health or safety risks to children. H. National Technology Transfer and Advancement Act of 1995 Under Section 12(d) of the National Technology Transfer and Advancement Act (NTTAA), EPA is required to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. This direct final rule complies with the requirements of the NTTAA because it utilizes voluntary consensus standards developed by the American National Standards Institute (ANSI). The ANSI is a voluntary consensus standards-setting body under the NTTAA. I. Executive Order 12898: Environmental Justice 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, and all people live in clean and sustainable communities. The Agency believes that today's rule change revising voluntary consensus standards into guidelines for waste containers and solid waste collection vehicles will not have an adverse environmental or economic impact on any minority or low-income group, or on any other type of affected community since these standards will not significantly affect the location of any solid waste collection facility. These are updated safety standards to assure minimal safety requirements for waste collection equipment. J. Executive Order 12088 (Compliance of Federal Agencies With the Solid Waste Disposal Act) Executive Order 12088 requires each head of a Federal Agency to comply with standards issued under several laws, including the Solid Waste Disposal Act. Executive Order 12088 revoked an older Executive Order 11752. Part 243 included two outdated references to Executive Order 11752 at Secs. 243.100 (c) and (g). Today's rule replaced the old references to Executive Order 11752 with Executive Order 12088. K. Submission to Congress and General Accounting Office The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement [[Page 70606]] 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 March 17, 2000, unless EPA receives adverse comment by January 18, 2000. List of Subjects in 40 CFR Part 243 Environmental protection, Government property, Incorporation by reference, Waste treatment and disposal. Dated: December 3, 1999. Carol M. Browner, Administrator. For reasons set out in the preamble, title 40, chapter I of the Code of Federal Regulations is amended as follows: PART 243--GUIDELINES FOR THE STORAGE AND COLLECTION OF RESIDENTIAL, COMMERCIAL, AND INSTITUTIONAL SOLID WASTE 1. The authority citation for Part 243 is revised to read as follows: Authority: 42 U.S.C. 6907(a)(3), 6912(a)(1), and 6944(a). 2. Section 243.100 is amended by revising paragraphs (c) and (g) to read as follows: Sec. 243.100 Scope. * * * * * (c) The ``Requirement'' sections contained herein delineate minimum levels of performance required of solid waste collection operations. Under section 211 of the Solid Waste Disposal Act, as amended, and Executive Order 12088, the ``Requirement'' sections of these guidelines are mandatory for Federal agencies. In addition, they are recommended to State, interstate, regional, and local governments for use in their activities. * * * * * (g) The Environmental Protection Agency will give technical assistance and other guidance to Federal agencies when requested to do so under section 3(D)1 of Executive Order 12088. * * * * * 3. Section 243.200-1 is amended by adding a new paragraph (e) to read as follows: Sec. 243.200-1 Requirement. * * * * * (e) Waste containers used for the storage of solid waste (or materials which have been separated for recycling) must meet the standards established by the American National Standards Institute (ANSI) for waste containers as follows: Waste Containers--Safety Requirements, 1994, American National Standards Institute, ANSI Z245.30-1994; and Waste Containers--Compatibility Dimensions, 1996, American National Standards Institute, ANSI Z245.60-1996. (1) The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. (2) You may obtain a copy from American National Standards Institute, 11 W. 42nd Street, New York, NY 10036. You may inspect a copy at the Environmental Protection Agency's RCRA Information Center, 1235 Jefferson Davis Highway, Arlington, VA or at the Office of the Federal Register, 800 North Capitol Street, NW, Suite 700, Washington, DC. 4. Section 243.202-1 is amended by revising (d) to read as follows (the undesignated paragraph following paragraph (d) is not changed): Sec. 243.202-1 Requirement. * * * * * (d) Collection equipment used for the collection, storage, and transportation of solid waste (or materials which have been separated for recycling) must meet the standards established by the American National Standards Institute as follows: Mobile Refuse Collection and Compaction Equipment--Safety Requirements, 1992, American National Standards Institute, ANSI Z245.1-1992; and Stationary Compactors-- Safety Requirements, 1997, American National Standards Institute, ANSI Z245.2-1997. (1) The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. (2) You may obtain a copy from American National Standards Institute, 11 W. 42nd Street, New York, NY 10036. You may inspect a copy at the Environmental Protection Agency's RCRA Information Center, 1235 Jefferson Davis Highway, Arlington, VA or at the Office of the Federal Register, 800 North Capitol Street, NW, Suite 700, Washington, DC. * * * * * [FR Doc. 99-32075 Filed 12-16-99; 8:45 am] BILLING CODE 6560-50-P
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Revisions to Guidelines for the Storage and Collection of Residential, Commercial, and Institutional Solid Waste
The Environmental Protection Agency is revising Guidelines for the Storage and Collection of Residential, Commercial, and Institutional Solid Waste to incorporate by reference n...
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“Revisions to Guidelines for the Storage and Collection of Residential, Commercial, and Institutional Solid Waste,” thefederalregister.org (December 17, 1999), https://thefederalregister.org/documents/99-32075/revisions-to-guidelines-for-the-storage-and-collection-of-residential-commercial-and-institutional-solid-waste.