Monday
May 3, 1993
Part IV
Environmental
Protection Agency
40 CFR Part 261, et al.
Hazardous Waste Management System;
Identification and Listing of Hazardous
Waste; Recycled Used Oil Management
Standards; Final Rule
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26420 Federal Register / Vol. 58, No. 83 / Monday, May 3, 1993 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 261,264,265,271, and
279
[EPA/S30-Z-93-004; FRL-4619-7]
RIN2050-AC17
Hazardous Waste Management
System; Identification and Listing of
Hazardous Wasto; Recycled Used OH
Management Standards
AGENCY: Environmental Protection
Agency.
ACTION: Final rule; technical
amendments and corrections.
SUMMARY: This action corrects several
technical errors and provides clarifying
amendments to the final recycled used
oil management standards rule. The
final rule was published on September
10,1992 (57 FR 41566). This action also
corrects an error in the final used oil
rule published on May 20,1992 (57 FR
21524). These revisions provide
clarification and correct unintended
consequences of both rules.
EFFECTIVE DATE: March 8,1993.
FOR FURTHER INFORMATION CONTACT: Ms.
Eydie Pines at (202) 260-3509 or Bryan
Groce at (202) 260-9550, Office of Solid
Waste (OS-332), U.S. Environmental
Protection Agency, 401M Street, SW.,
Washington, DC 20460.
SUPPLEMENTARY INFORMATION:
A.I. Burning and Blending
Requirements (Former Part 266,
Subpart E)
On September 10,1992, EPA
promulgated regulations to govern the
management of recycled used oils. In
the discussion of the state authorization
process in the final rule (57TR 41566),
EPA stated that the new part 279
regulations were being promulgated
under section 3014(a) of RCRA, and
noted that section 3014(a) "predates the
1984 HSWA amendments." The Agency
went on, in that section, to explain that
the part 279 requirements would take
effect in states without final RCRA
authorization 6 months after publication
(March 8,1993) and that the part 279
standards would become effective in
states with RCRA base program
authorization only after the state revised
its RCRA program to,.includesthe new;; (
requirements. This;discu§sioniimplied{,
that .all of the; fequireme&ts being > j. J.ȣ
prbmulgated Under part 279 are.RCRA t
requirements that are not mandated
under the Hazardous and Solid Waste
Amendments of 1984 (HSWA) and that,
therefore, the new standards governing ,
the management of recycled used oils
would not be immediately enforceable
by EPA in authorized states.
The discussion of the status of the
part 279 requirements in authorized
states was based in large part on the fact
that section 3006(h) of RCRA, which
was added by Congress as part of the
Superfund Amendments and
Reauthorization Act of 1986, allows
EPA to authorize state used oil programs
in the same manner as state hazardous
waste programs. EPA believes that
Congress did not express an intent to
treat used oil requirements under
section 3014(a) as "HSWA"
requirements, that is, as directly
enforceable by EPA prior to State
authorization under Section 3006(h).
After publication of the September 10,
1992 notice, however, EPA realized that
its position was arguably inconsistent
with statements made in the preamble
to the November 29,1985 final rule
promulgating standards for the burning
of used oil, and that further clarification
is necessary.
Some of the part 279 provisions
promulgated in the used.oil
management standards consist of
existing requirements that have been
recodified from 40 CFR part 266,
subpart E, as adopted in 1985. On
November 29,1985 (50 FR 49201), EPA
issued the used oil burning
requirements pursuant to the authority
of section 8 of the Used Oil Recycling
Act of 1980 (UORA), now incorporated
as section 3014(a) of RCRA. At that
time, there was no section 3006(h) and,
therefore, no statutory mechanism
existed to authorize states to operate
programs for the recycling of non-
hazardous used oil. EPA, therefore, took
the position that the used oil burning
requirements adopted under section
3014(a)'would be Federally enforceable
in both'authorised and non-authorized
states. With the addition of section
3006(h) to RCRA in 1986, however, that
statutory authority to authorize states to
regulate nonhazardous used oil
recycling now exists. This raises the
question of whether the old part 266,
subpart E requirements should be
treated like the other section 3014(a)
requirements issued in 1992, that is, not
Federally enforceable in states that have
been authorized for the RCRA base
program, but are not authorized for the
subpart E requirements. EPA believes
that, by= the addition, of section 3006(h)
to RCRA, Congres's,do"uld|ri6t;hava" . M '«
intended; to; make,these requirements;
suddenly unenforceable in authorized /1
states where they had been previously
enforceable. Indeed, EPA believes that
Congress intended for these
requirements to be enforced both prior
to and following the 1986 amendment to
RCRA. Therefore, EPA is clarifying that
all existing used oil burning
requirements originally promulgated in
1985 remain Federally enforceable in all
States which are not yet authorized for
the former part 266, subpart E, whether
or not the State has received RCRA
subtitle C base program authorization.1
States must modify their programs to
include requirements equivalent to the
Federal provisions or may promulgate
more stringent regulations.
Table 1 of § 271.26 identifies which
part 279 requirements represent the
previous part 266, subpart E provisions
that will continue to be Federally
enforceable in States not authorized for
these provisions. The regulatory text in
part 279, subparts G and H has not been
substantially changed from that
previously found in part 266, subpart E.
When revisions were made, the
revisions were for clarification purposes
only. Thus, §§ 279.10, 279.11, and most
provisions of §279.1 and of part 279,
subparts G and H will continue to be
Federally enforceable in states that have
not yet adopted requirements equivalent
to the previous part 266, subpart E
requirements and received authorization
from EPA to implement and enforce
those requirements. For all other
provisions of part 279, EPA continues to
believe that it is the most consistent
with the intent of Congress to treat these ,
requirements in the same manner as " ;
non-HSWA provisions of the hazardous ,'
waste regulations, and as such, subject
them to the RCRA state authorization ,, ?
program requirements. In the case of all., f
new provisions (those not previously >
contained in part 266, subpart E), these
provisions do not become effective in ,;
authorized states until individual; states ;
adopt the provisions and EPA grants the '
states authorization for the provisions.2
In the case of those few states (Alaska,
Hawaii, Iowa, Wyoming, and the U.S.
Territories) that are not authorized for
the RCRA base program, all part 279
provisions will be effective and
Federally enforceable six months after
promulgation of the part 279 provisions,
(March 8,1993).
1 In order to retain authorization for the RCRA
program, states have been authorized to enforce the
part 266, subpart E requirements. These states
remain authorized to implement and enforce these
provisions, and today's notice and the final
recycled used oil regulations do not affect these
states' authorities, regarding the existing: provisions.
For conVeniencejrauthorization/pi'ocessirig^olf State'f ,'
EPA • ,-j • i , t , I ; r ;,r. r ri jm i "p 2 '
2 As stated in the final rulemakmg for recycled
used oil management standards, authorized states
must modify their programs by July 1, 1994 if no
statutory changes are required, or by July 1, 1995
if statutory changes are necessary (see 57 FR 41605).
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Federal Register / Vol. 58, No. 83 / Monday, May 3, 1993 / Rules and Regulations 26421
In Table 1 of § 271.26, EPA notes that
there is no recodified provision in part
279 to correspond with the previous 40
CFR 266.43(b)(4)(vi). The Agency
believes that the information required
under former § 266.43(b)(4)(vi), i.e., a
statement reading "This used oil is
subject to EPA regulation under 40 CFR
part 266," is unnecessary and
redundant. Therefore, EPA has not
included this requirement in the new
used oil management standards.
Status of State
Before 3/8/93
As of 3/8/93
Non-authorized RCRA Base Pro-
gram.
Authorized RCRA Base Program
Non-authorized part 266 subpart
Authorized RCRA Base Program
Authorized part 266 subpart E.
40 CFR part 266 subpart E Feder-
ally enforceable.
40 CFR part 266 subpart E Is
Federally enforceable.
40 CFR part 266 subpart E
State enforceable.
is
40 CFR part 279 is Federally enforceable.
40 CFR part 279 subparts A-F and I are not enforceable until the
state is granted authorization. 40 CFR part 279 subparts G and H
are Federally enforceable.
40 CFR part 279 subparts A-F and II are not enforceable until the
state is granted authorization. 40 CFR part 279 subparts G and H
are state enforceable1.
140 CFR part 279, subparts G and H contain certain provisions which were not In part 266, subpart E. The State will continue to enforce only
those provisions for which it obtained authorization (those provisions are listed in Table i of §271.26).
B. Technical Corrections
1. Corrections to the Preamble Language
This action corrects several errors that
were published in the September 10
final rule. There are several
typographical errors in the preamble, as
well as misstatements and incorrect
references to regulatory and preamble
sections. These corrections are
described below.
1. On page 41579, in the second
column, remove the word "and" in line
ten so the line reads as follows: "is to
be burned for energy recovery, the used
oil will have to * * *"
2. On page 41581, in the first
paragraph in the middle column, the
reference to § 260.40(d)(2) should read
§266.40(d)(2).
3. On page 41583, in the middle
column, six lines from the bottom,
remove the reference to "section
VLD.3." of the preamble.
4. On page 41585, in the first
paragraph of the first column, the
reference to section "V.D.l.h." should
read "VI.D.l.h."
5. On page 41585, in the last sentence
of the section entitled b. Used oil
generated on ships, the reference to
"§ 279.10(e)(3)" should read
"§279.10(f)".
6. On page 41587, the word "send" in
line 18 in paragraph two of the second
column should be revised to "sent".
7. On page 41590, in footnote 17, the
reference to "section VI.E.5." of the
preamble should read "section VI.D.4.",
referring to the discussion of secondary
containment provisions at processing/
re-refining facilities.
a./Dnjpage 41590, in_the first.pplumn,,
revise the heading andlthftifirst sentence
of see'tioh (e)-with*the following texts •<• i t
"DOT, Requirements. Persons offering^ ?
used oil for transportation as well as
persons transporting used oil that meets
the definition of a hazardous material in
49 CFR 171.8, must comply with all
applicable regulations in 49 CFR Parts
171 through 180." Also add the
additional new text after the first
sentence. "On February 2,1993, the
Department of Transportation published
an interim final rule which amended the
DOT's hazardous materials regulation
by regulating oil as a hazardous
material. The interested reader is
referred to this document for further
information regarding the applicability
of this rule." T
9. On page 41591, in the second
paragraph of the middle column, and on
page 41596, in the first paragraph of the
first column, the reference to "40 CFR
112.79(c)" should read "40 CFR
112.7(c)".
10. In footnote 21 on page 41595, the
reference to preamble section "VI.E.5."
should read "VI.D.3."
11. On page 41598, in the last
sentence of the first paragraph of the
section entitled 1. Closure, remove the
phrase "per 40 CFR 261.3(d)," and add ,
the following sentence to the end of the
paragraph: "For a determination of _ : ;
hazard regarding contaminated media
and other materials, see 40 CFR 261.3,
as well as EPA's 'contained-in principle'
(57 FR 983 (Jan. 9,1992) and 57 FR
37225 (Aug. 18, 1992))."
12. On the same page, in the last
sentence of the last full paragraph in the
third column, remove the phrase "per
40 CFR 261.3(d) or 261.4(b)" and add
the following sentence to the end of the
paragraph: "For a determination of
hazard regarding contaminated media
and other materials, see 40 CFR 261.3,
261.4(b), as well as EPA's 'contained-in
principle; (57 FR 983 .(Jan. 9,1992) and.;
57 FR 37225 (Aug; 18,1992));"*«»\ I '-11 c t
13* Ort pag&p£t599, undernpari >5(a). -2:1
revise the reference" to "266.41'', in the E;
third sentence, to read "266.40".
14. On page 41600, under 5.f. Storage
Requirements, after the last word of the
first paragraph, add the following text "-,
or units subject to regulation under 40
CFR parts 264 or 265."
15. On page 41600, in the first
paragraph of the middle column, the
reference to preamble "section Vl.S.f."
should read "siection VI.D.4."
16. On page 41600, in the section
entitled h. Used oil fuel analysis
(halogens), the reference to "§ 266.40"
should read more specifically as
"§ 286.40(c)".
17. On page 41605, in the first
column, first complete paragraph,
second sentence, add the words "and on
Indian lands" after the word "states" so
that the text reads as follows: "The rules
will take effect in states and on Indian
lands that do not have final
authorization..."
18. On page 41605, second column,
first complete, paragraph, second
sentence, aftei1 the word "states" add the
words "and Indian lands" so that the
text reads as follows: "That is, in the
unauthorized states and Indian lands, a
used oil; . i'^ : ' : :E; r. . • , - : • •
2. Clqrificatipn.of.Issues^ Discussed in_'.
the Preamble •," , £''"/..;"''!''..',
In addition to the corrections listed '
above, EPA wishes to clarify several
issues discussed in the preamble of the
May 20,1992 find September 10,1992
rule.
EPA is clarifying the definition of
used oil processing as it relates to the
act of gravity hot-draining used oil from
non-terne plated used oil filters. The
definition of used oil processing was
intended to regelate the process of
making used oiil more amenable for
production of iiiel oils, lubricants and
other used oil derived products. The act
of 'ptiysiGallj•separatingused "oil from i:
non-terneiflated used'Qil filter^ does not
fall uridef'the prdcessirfg'definition if • '
the act is conducted for the purpose of
removing the used oil for management
under part 279,, The Agency did not
intend to regulate the removal of used
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26422 Federal Register / Vol. 58, No. 83 / Monday, May 3, 1993 / Rules and Regulations
oil from non-terne plated used oil filters
under the § 279.1 processing definition,
and therefore clarifies the distinction
between the "removal of used oil from
solid waste," which does not fit under
the processing definition, and "making
used oil more amenable for production
of fuel oils, lubricants and other used oil
derived products" which does fit under
the processing definition.
On page 41574, in the third column,
the first sentence of the first full
paragraph incorrectly states that
residues or sludges from the processing
of used oil are not regulated under part
279. In fact, as evidenced by § 279.10(e),
EPA did intend to regulate such
residuals if burned for energy recovery
or used in a manner constituting
disposal, with the exception of re-
refining distillation bottoms that are
used as feedstock to manufacture
asphalt products.
On page 41583, in the first column at
the end of section g.iii, EPA incorrectly
states that mixtures of used oil and
diesel fuel mixed by a generator for use
in its own vehicles "must be managed
in accordance with the used oil fuel
specification regulations." In fact, as the
language of section 279.20(a)(3) states,
EPA does not intend to regulate such
mixtures under any provision of part
279 once the mixing has occurred.
On page 41587, near the middle of the
first column, EPA cites Alabama's
Project ROSE as an example of a
program that runs "do-it-yourself" used
oil collection centers. This is not
entirely accurate. While Project ROSE
may administer some collection centers
that accept used oil solely from
household DIY generators, the preamble
correctly describes the Alabama
program in stating that it accepts used
oil from commercial generators as well.
Therefore, Project ROSE is not the best
example of a "DIY used oil collection
center," since by definition, such
collection centers are not authorized to
accept used oil from regulated
generators. The Project ROSE program
provides a better example of a "used oil
collection center," as defined in § 279.1
and discussed above.
On page 41582, in footnote 9, EPA
misquotes the words of § 279.61(a)(3) to
say that off-spec, used oil may be
burned in an incinerator "in compliance
with subpart O of 49 CFR parts 264/
265." The language of the regulation ?
actually reads "subject \o regulatipn
under 4Q CFR;part26,4-or 265,'jEf A ,
makes the same or similar errors on1
page 41586 in the last full paragraph of
the first column, on page 41599 in
section b.(4), and on page 41600 in
footnote 23.
On page 41601, the first paragraph of
section 6 states that the requirements for
marketers formerly contained in
§ 266.43 were recodified in part 279,
subpart H "without modification." In
fact, EPA did introduce certain changes
to these requirements. EPA added
certain exemptions to the "rebuttable
presumption" of mixing used oil with
hazardous waste, added additional
definitions, and made certain changes to
the record-keeping requirements on
marketers. EPA also amended the
definition of "marketer" to include only
those persons who initiate the shipment
of off-specification used oil fuel directly
to a used oil burner or who are the first
to claim that a used oil fuel meets the
specification. The former definition of
marketer included those who market
off-specification fuel to other marketers.
EPA made this change because those
persons who initiate shipments of off-
specification fuel to other marketers are
already covered by the new tracking
requirements in part 279 for generators,
transporters, or recycling facilities.
Similarly, the first full sentence in the
middle column following Table VI.6.
implies that there is an entity called a
"fuel oil dealer" who is neither a
generator, transporter, or recycling
facility who may be selling on-
specification fuel. This statement is
misleading in light of the revised
definition of marketer in part 279. "Fuel
oil dealers" who never handle used oil
fuel were never intended to be regulated
by part 266, subpart E, and are not
regulated under the new part 279,
subpart H. Persons who accept off-
specification used oil fuel from a
generator, transporter, or recycling
facility and market it to a burner are
subject to regulation under part 279 as
marketers. "' '.
EPA discussed the requirements'for
used oil storage at several places in the
preamble. The regulations at
§§279.22(a), 279.45(b), 279.54(a), and
279.64(a) state that used oil generators,
transporters, processors/re-refiners, and
burners must not store used oil in units
other than tanks, containers, or units
subject to regulation under part 264 or
265 of 40 CFR. hi the preamble
discussions of storage (57 FR 41586,
41591, 41594, and 41600), EPA makes
reference to compliance with parts 264
or 265 only with respect to surface
impoundments (parts 264, or 265,r
precludes auseflpijnandjei'frbni j ^,
storing'use~d oilih'a container of tank
that is subject to regulation under the
applicable requirements of part 264 or
265 (i.e., subparts I and J, respectively).
These requirements are more stringent
than the used oil management standards
promulgated on September 10 and,
therefore, provide an adequate level of
protection of human health and the
environment. As stated on page 41591
in the discussion of storage at used oil
transfer facilities, any used oil transfer
facility that is currently in compliance
with the part 265, subpart J
requirements (for aboveground tanks)
will be deemed in compliance with the
requirements promulgated today. Such
is the case for other types of used oil
handlers and other types of storage units
as well.
On page 41599, EPA explained that
off-specification used oil may be burned
only in certain devices. In the preamble
to the 1985 regulations, EPA explained
that the regulations were designed only
to address the burning of used oil in
such devices and that they did not
apply to the burning of used oil in other
devices such as diesel and marine
engines because EPA did not develop
the used oil specification with these
types of devices in mind (see 50 FR
49192). EPA wishes to clarify that the
provisions of §§ 279.12(c) and 279.61(a)
were not intended to alter this pre-
existing policy. Therefore, the burning
of used oil in devices such as diesel and
marine engines is not subject to
regulation under part 279, subpart G.
3. Corrections to the Regulatory
Language
In the September 10 rule, EPA
exempted from regulation both as used
oil and as hazardous waste, those '
distillation bottoms from used oil re-
refining that are used for making asphalt
products from regulation [§ 279.10(e)].
This action moves part of that provision
without change to § 261.4(b), the
appropriate location for an exclusionary
provision from the definition of
hazardous waste. In addition, this notice
corrects a numbering error that was
made in the May 20,1992 final rule (57
FR 21534) and repeated in the
Correction Notice of July 1,1992 (57 FR
29220). In both the May 20 final rule
and the subsequent correction notice,
the exclusion for non-terne plated used
oil filters was codified as subparagraph
(b)(15) of § 261.4 even though EPA had
not yet promulgated paragraphs (b)(13)
or (b)(14). This action corrects these
errors by redesignating the used oil filter
exclusion as § 261.4(b)(13).
The Agency is amending § 271.16,
tie'quiremJsMsfoi-Enforcement :?.*•'' -
AutKofityl 1:o add language regarding <;»
violations of the-u^e'd oiLm'an&geiiientt
standards. This section sets out the
requirements for criminal enforcement
authority for states seeking
authorization to operate state programs
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Federal Register / Vol. 58, No. 83:7 Monday, May 3, 1993 / Rules and Regulations 26423
in lieu of subtitle C programs. Congress
amended RCRA in 1986 to clarify that
EPA's criminal enforcement authorities
for violations of subtitle C requirements
extend to violations of requirements for
used oil that is regulated under section
3014 of RCRA but not listed or
identified as a hazardous waste.
Congress also amended section 3006(h)
to require EPA to apply the same
standards and procedures in its review
of state programs for nonhazardous used
oil, that it applies when reviewing
programs for hazardous wastes under
subtitle C. hi other words, state
programs for nonhazardous used oil
must be equivalent to and consistent
with the federal program (and programs
in other states). Such programs must
also provide for adequate enforcement.
Congress clearly felt that criminal
enforcement authorities were essential
to successful implementation of federal
regulatory program for nonhazardous
used oils. EPA believes that criminal
enforcement authority is equally ,
important to adequate enforcement of
state programs for nonhazardous used
oils. Consequently, EPA is amending
§ 271,16 to clarify that any state that
decides to regulate recycled used oil as
nonhazardous waste and apply to EPA
for authorization to operate its state
program in lieu of the federal program
must show that it has authority to bring
criminal enforcement actions for
specified violations of its used oil
program.
In addition, EPA is amending
§ 279.10(i), dealing with PCB-
contaminated used oil. The language
'codified in the September 10 rule
indicated that used oils contaminated
with PCBs, which are regulated under
part 761 of the TSCA regulations, are
exempt from the part 279 requirements.
EPA's intent was to avoid duplicative
regulation of such used oils, and the
Agency mistakenly included this
language in § 279.10(i), assuming that
the requirements in § 761.20(e)
comprehensively regulated such oils.
The language in § 761.20(e), however,
incorporates by reference the
requirements of the former part 266,
subpart E and supplements them, rather
than substitutes for them, such that
PCB-contaminated used oils are
currently subject to both RCRA and
TSCA regulations governing the burning
of used oil for energy recovery. EPA did
not intend, by the promulgation of part
279, to relaX the, existing irequjiemente
ortused p^s^qntainmgPCBs.EPA.j j k
therefpfe.jis[amending §27S.iqt(i}.to- j,
accurately reflect the complementary
nature of the RCRA and TSCA
regulations. Marketers and burners who
market used oil containing any
quantifiable level of PCBs must comply
with applicable standards of part 279 as
well as additional. Standards and
restrictions under 40 CFR 761.20(e).
Consistent with this change to the
regulations, in the preamble statement
on page 41583, in section (v) in the
middle column, PCB-contaminated used
oils, the following clarifying sentences
should be added to the end of the
paragraph: "Marketers and burners of
used oil who market used oil fuel
containing any quantifiable level of
PCBs are subject to applicable standards
on marketing and burning used oil
containing PCBs found at 40 CFR
761.20(e). Blending for the purpose of
reducing the concentration of PCBs to
below 50 ppm or the level of detection
is prohibited."
On page 41581 of the preamble, EPA
explained that it was adopting a "no
free flowing oil" concept to address the
regulation of materials containing or
otherwise contaminated with used oil.
EPA explained that if there was no
visible sign of free-flowing oil on or in
a material, the material would not be
regulated as used oil. Materials
containing or otherwise contaminated
with used oil would be regulated as
used oil until the used oil was removed
from the material, and the oil removed
from such a material would also be
regulated as used oil. The regulatory
language in § 279.10(c), however,
unintentionally suggests that such
materials continue to be regulated as
used oil even after the oil is removed.
Therefore, EPA is amending § 279.10(c)
to implement the "free-flowing oil"
concept to be consistent with its original
intent.
EPA has added a paragraph to
§ 279.12(cJ so that it is consistent with
the language in § 279.61(a). ,
The language in §279,21(a) '.'.'.'''
mistakenly suggests that used oil
generators may not mix used oil with
hazardous waste if the resulting mixture
is hazardous, hi fact, EPA meant only to
clarify that used oil generators must
comply with § 279.10(b) as well as any
subtitle C requirements that may apply
to the mixture. EPA has amended the
provision accordingly.
The storage provisions in the
September 10, 1992 rule (§§ 279.22,
279.45, 279.54, and 279.64) all contain
similar errors. Each provision contains a
reference to the "de minimis"
wastewater'prdvilio'ri'of § 279:10(r> : l
5,1. M '..; * M •< I J t 5 "> .\ !,•! . 1 I iC ij 'I
which is-urirjeces
E
5 "> .\ !,• .
ry and sfa
EPA s deleting', thiese1
>i i I I ) "l i ~j j\.-. t I ii-..['
Hazardous waste, Recycling, ; '
Reporting and recordkeeping
requirements.
40 CFR Part 264
Hazardous waste, Packaging and
containers, Security measures, Surety
bonds.
40 CFR Part 265
Hazardous waste, Packaging and
containers, Security measures, Surety
bonds.
Zlt>{i3iin U. .it;
4dman|sJiative pfdcticejand' I * f » H
prdfciaure.-Confideritfal bu'siness' • ' • '
information, Hazardous materials
transportation, Hazardous waste,
Indians-lands, Intergovernmental
relations, Penalties, Reporting and
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26424 FederalRegister/ Vol. 58, No. 83 / Monday, May 3, 1993 / Rules and Regulations
recordkeeping requirements, Water
pollution control, Water supply.
40 CfiR Part 279
Petroleum, Recycling, Reporting and
recordkeeping requirements. Used oil.
Dated: March 22, 1993.
Richard J. Guimond,
Assistant Surgeon General, USPHS, Acting
Assistant Administrator.
For the reasons set out in the
preamble title 40 of the Code of Federal
Regulations is amended as follows:
PART 261— IDENTIFICATION AND
LISTING OF HAZARDOUS WASTE
1. The authority citation for part 261
continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921-
6927, 6930, 6934, 6935, 6937, 6938, 6939,
and 6974.
§261.4 [Amended]
2. Section 261.4 is amended by
redesignating paragraph (b)(15) as
3. Section 261.4 is amended by
adding paragraph (b){14) to read as
follows:
§261.4 Exclusions.
*****
(b)« « *
(14) Used oil re-refining distillation
bottoms that are used as feedstock to
manufacture asphalt products.
§261.5 [Amended]
4. In paragraph (j), revise the phrase
"subpart G of part 279," to read "part
279."
PART 264—STANDARDS FOR
OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT,
STORAGE, AND DISPOSAL :
FACILITIES '
5. The authority citation for part 264
continues to read as follows:
Authority: 42 U.S.C. 6905,6912(a), 6924,
and 6925.
6. Section 264.1 is amended by
revising paragraph (g)(2) to read as
follows:
§264.1 Purpose, scope, and applicability.
*****
(g)* * *
(2) The owr^erpr operator gf a facility,
an aging recyclablematerials, described,
man
in§2"6'l.u,_,
chapter (except to thet extent they are
referred to in part 279 or subparts C, D,
F, or G of part 266 of this chapter).
*****
r. . . '• : •_ , ? • t r: • r "f M ; i *< 11 »i
PART 265—INTERIM STATUS
STANDARDS FOR OWNERS AND
OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND
DISPOSAL FACILITIES
7. The authority citation for part 265
continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6924,
6925, 6935, and 6936.
8. Section 265.1 is amended by
revising paragraph (c)(6) to read as
follows:
§ 265.1 Purpose, scope, and applicability.
* * * * *
(c) * * *
(6) The owner or operator of a facility
managing recyclable materials described
in § 261.6 (a)(2), (3), and (4) of this
chapter (except to the extent they are
referred to in part 279 or subparts C, D,
F, or G of part 266 of this chapter).
PART 271—REQUIREMENTS FOR
AUTHORIZATION OF STATE
HAZARDOUS WASTE PROGRAMS
9. The authority citation for part 271
continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), and
6926.
10. Section 271.16 is amended by
revising paragraph (a)(3)(ii) to read as
follows:
§ 271.16 Requirements for enforcement
authority.
(a) * * *
(3)* * *
(ii) Criminal remedies shall be
obtainable against any person who
knowingly transports, treats, stores,
disposes or recycles any used oil
regulated by EPA under section 3014 of
RCRA that is not listed or identified as
a hazardous waste under the, state's ,
hazardous waste program in violation of
standards or regulations for
management of such used oil; or who
makes any false statement or
representation in any application, label,
manifest, record, report, permit or other
document filed, maintained, or used for
purposes of program compliance
(including compliance with any
standards or regulations for used oil
regulated by EPA under section 3014 of
RCRA that is not listed or identified as
hazardous waste).
*****
.*).':.'l 1 1 j i t
§271.26 [Amended]., .,,,-. , .,
11. Thete^|sen|eri^lr{ 1^2%
is amended by adding a parenthesis : .
after the phrase "as part of its
authorization petition submitted to EPA
under §271.5"
12. Section 271.26 is amended further
by adding paragraph (h) and Table 1 to
read as follows:
§271.26 Requirements for used oil
management
* * it * *
(h)(l) Unless otherwise provided in
part 271, state programs shall have
standards for the marketing and burning
of used oil for energy recovery that are
at least as stringent as the requirements
and prohibitions that EPA adopted on
November 29, in 40 CFR part 266,
subpart E of this chapter. The part 279
of this chapter requirements specified in
Table 1 (except those provisions
identified in footnotes 1 and 2 of Table
1) are Federally enforceable in those
states that have not adopted state
requirements equivalent to 40 CFR part
279, subparts G and H of this chapter
requirements and have not been
authorized to enforce the state
requirements.
TABLE 1 .—REGULATIONS ADOPTED
NOVEMBER 29, 1985 REGARDING
THE BURNING OF USED OIL FOR
ENERGY RECOVERY
[These Part 279 provisions will continue
to be enforced by EPA]
Former provisions of
40 CFR part 266, sub-
part E (1992)
Sec. 266.40(a)
Sec. 266.40(b)
Sec. 266.40(c) [rebut-
table presumption].
Sec. 266.40(d)(1) and
(2).
Sec. 266.40(e)
Sec. 266.41 (a)(1) and
(2).
266.41 (b)(1) and (2) ...
Sec. 266.42(a)
Sec. 266.42(b)
Sec. 266.42(c)
Sec. 266.43(a)(1)
Sec. 266.43(a)(2)
Sec. 266.43(b)(1)
Sec. 266.43(b)(2)
Sec. 266.43(b)(3)
Sec. 266.43(b)(4)(i-v)
Sec. 266.43(b)(4)(vi) ..
Sec. 266.43(b)(5)(i)
and (ii).
Sec. 266.43(b)(S)(i) ....
Sec. 266.43(b)(6)(ii) .1
i I II., 1,1 j i ;'.
Sed.266:44(a)i. >.;..!...! i
.1.1 « 1 1 . • • ' r 1
Sec. 266.44(b)
Sec. 266.44{c)
Sec. 266.44(d)
Recodified provisions
within 40 CFR part
279 -.,•.;-(
Sec. 279.60(a) ' ,'.
Sec. 279.1 '
Sec. 279.63(a), (b) y
and(c)2 • -. - '
Sec. 279.1 0(b)(2) " , .
and (3) ! I
Sec. 279.1 1 '
Sec. 279.60(c) ' > ' ' • '
Sec. 279.71 '
. . • ' . ' : I
Sec. 279.61 (a) ', '
279.23(a)
Sec. 279.60(a) ••'••' '
Sec. 279.70(a)
Sec. 279.60(a)
Sec. 279.70(a) and
(b)(D
Sec. 279.70(b)(2)
Sec. 279.72(a)
Sec. 279.71
Sec. 279.73(a)
Sec. 279.74(a)
not included
Sec. 279.75(a)
Sec. 279.74(b) and
(c)
279.72(b),
Sec. 279.74(a) r
^S'eci279-.75(bf' •"
Set. 279.61 (a) --J'i*rs
Sec. 27fl.23(a)' --"*«.»
Sec. 279.62(a)
Sec. 279.66(a)
Sec. 279.72(a)
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Federal Register / Vol. 58, No. 83 / Monday, May 3, 1993 / Rules and Regulations 26425
TABLE 1 .—REGULATIONS ADOPTED
NOVEMBER 29, 1985 REGARDING
THE BURNING OF USED OIL FOR
ENERGY RECOVERY—Continued
[These Part 279 provisions will continue
to be enforced by EPA]
Former provisions of
40 CFR part 266, sub-
part E (1992)
Sec. 266.44(e)
Recodified provisions
within 40 CFR part
279
Sec. 279.65(a) and
(b)
Sec. 279.66(b)
Sec. 279.72(b)
1 Contains additional new definitions that
were not included in the 1985 rule.
2 Paragraphs (c)(1) and (2) of §279.63
contain new exemptions from the rebuttable
presumption that were not part of the 1985
rule.
(2) In states that have not been
authorized for the RCRA base program,
all requirements of Part 279 will be
Federally enforceable effective March 8,
1993.
PART 279—STANDARDS FOR THE
MANAGEMENT OF USED OIL
13. The authority citation for part 279
continues to read as follows:
Authority: Sections 1006, 2002(a), 3001
through 3007,3010,3014, and 7004 of the
Solid Waste Disposal Act, as amended (42
U.S.C. 6905, 6912(a), 6921 through 6927,
6930, 6934, and 6974); and sections 101(37)
and 114(c) of CERCLA (42 U.S.C. 9601(37)
and 9614(c)).
§279.1 [Amended]
14. In § 279.1, the definition of "used
oil," is amended by revising the phrase
"if contaminated" to read "is
contaminated."
15. Section 279.10 is amended by
revising paragraph (b)(2) introductory
text to read as follows:
§279.10 Applicability.
*****
(b)***
(2) Characteristic hazardous waste.
Mixtures of used oil and hazardous
waste that solely exhibits one or more
of the hazardous waste characteristic
identified in subpart C of part 261 of
this chapter and mixtures of used oil
and hazardous waste that is listed in
subpart D solely because it exhibits one
or more of the characteristics of
hazardous waste identified in subpart C
are subject to:
18. In § 279.10(d)(l) revise the phrase
"or other products" to read "or other
fuel products".
19. In § 279.10(e)(3)(ii) revise the
phrase "if the materials are identified as
hazardous waste" to read "if the
materials are listed or identified as
hazardous wastes."
20. Section 279.10 is amended further
by revising paragraph (c), paragraph
(e)(4) and paragraph (i) to read as
follows:
§279.10 Applicability.
*****
(c) Materials containing or otherwise
contaminated with used oil. (1) Except
as provided in paragraph (c)(2) of this
section, materials containing or
otherwise contaminated with used oil
from which the used oil has been
properly drained or removed to the
extent possible such that no visible
signs of free-flowing oil remain in or on
the material:
(i) Are not used oil and thus not
subject to this part, and
(ii) If applicable are subject to the
hazardous waste regulations of parts
124, 260 through 266, 268, and 270 of
this chapter.
(2) Materials containing or otherwise
contaminated with used oil that are
burned for energy recovery are subject
to regulation as used oil under this part.
(3) Used oil drained or removed from
materials containing or otherwise
contaminated with used oil is subject to
regulation as used oil under this part.
*****
(e) * * *
(4) Used oil re-refining distillation
bottoms that are used as feedstock to
manufacture asphalt products are not
subject to this'part. - ' ' : ;;
(i) Used oil containing PCBs. In
addition to the requirements of 40 CFR ;
part 279, marketers and burners of used
oil who market used oil containing any
quantifiable level of PCBs are subject to
the requirements found at 40 CFR
761.20(e).
21. The table in § 279.11 is amended
by adding a note to the end to read as
follows:
§ 279.11 Used oil specifications.
*****
Note: Applicable standards for the burning
of used oil containing PCBs are imposed by
*,.^*..,*, * ,.,, n ,£, 40 CFR 761.20(e). (
16. Section §|27;9'.10(b)i:2)i:ii) is' ' .22.,SecJion 279.12, ^amendedby ',.' "
amende(d by adding the .phrase f'Ex.cept{ • addirig pMSgraphr(c)(3J to rea4 as1 "
as specified in § 279.10(b)(2)(iii)" at the follows: '' '''''' '
beginning of the paragraph.
17. In § 279.10lb)(2Hiii) revise the
phrase "because if exhibits" to read
"because it exhibits".
§279.12 Prohibitions.
* * * *
(c) * * *
(3) Hazardous waste incinerators
subject to regulation under subpart O of
parts 264 or 2(55 of this chapter.
*****
23. Section 279.21 is amended by
revising paragraph (a) to read as follows:
§279.21 Hazardous waste mixing.
(a) Mixtures: of used oil and hazardous
waste must be managed in accordance
with§279.10(b).
§279.22 [Amended]
24. The first sentence of § 279.22 is
removed.
§279.23 [Amended]
25. In § 279,23 remove paragraph (b)
and redesignate paragraph (a) as
introductory text and paragraphs (a)(l)
through (3) as (a) through (c)
respectively.
§279.40 [Amended]
26. In the fiist sentence of § 279.40
(a)(4), revise the words "generated by,"
to read "from" and remove the words
"from the initial generator."
27. In § 279,40 (d)(4), the phrase "of
the partial Marketers" is removed.
§279.42 [Amended]
28. In § 279,42 paragraph (a) is revised
to read as follows:
§279.42 Motif Iction.
(a) Identification numbers. Used oil
transporters that have previously
notified EPA of hazardous waste and
other used oil management activities
and obtained a U.S. EPA Identification
Number must renotify to identify their •
used oil transporter activities. , , , , , ,,
* * .:*':, '*: '.*','*. '
29. In § 279l42(b)(% revise the phrase
"To obtain EPA JForjn 8700-12'j' :to rpad
"To obtain ordering ihfofmatibji'for EPA
Form 8700-12".
30. Section 279.43 is amended by
revising paragraph (b) to read as follows:
§279.43 Used oil transportation.
*****
(b) DOT Requirements. Used oil
transporters must comply with all
applicable requirements under the U.S.
Department of Transportation
regulations in 49 CFR parts 171 through
180. Persons transporting used oil that
meets the definition of a hazardous
CFRas
§279.45 [Amcmded]
31. Section 279.45 is amended by
removing the first sentence and revising
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26426 Federal Register / Vol. 58. No. 83 / Monday, May 3, 1993 / Rules and Regulations
the word "generators" in the third
sentence to read "transporters".
32. In § 279.45 add paragraph
(d)(l)(iii) and revise the period at the
end of paragraph (d)(l)(ii) to read "; or"
as follows:
§ 279.45 Used oil storage at transfer
facilities.
rd) * * *
D* * *
(Hi) An equivalent secondary
containment system.
§279.51 [Amended]
33. Paragraph (a) of § 279.51 is revised
to read as follows:
§279.51 Notification.
(a) Identification numbers. Used oil
processors/rerefiners that have
previously notified EPA of hazardous
waste and other used oil management
activities and obtained a U.S. EPA
Identification Number must renotify to
identify then* used oil processors/
rerefiners activities.
§279.52 [Amonded]
34. In § 279.52(b)(6)(viii)(C) revise the
phrase "paragraph (h) of this section" to
read "paragraphs (b)(6)(viii) (A) and (B)
of this section.".
§279.54 [Amended]
35. In § 279.54, remove the first
sentence and revise the word
"generators" in the third sentence to
read "processors/re-refiners".
36. In § 279.54(a) remove the words
"or process".
37. Section 279.54 is amended by
adding paragraph (c)(l)(iii) and by
revising the period after paragraph
(c)(l)(ii) to read "; or" as follows:
§ 279.54 Used oil management
*****
(c) * * *
(1). * *
(iii) An equivalent secondary
containment system.
§279.60 [Amended]
38. In § 279.60 (b)(l) revise "this
subpart" to read "with subpart".
§279.62 [Amended]
39. In § 279.62 paragraph (a)(l) is
revised to read as follows:
§279.62 Notification.
*****
(a) Used oil burners that have not
previously notified EPA of their used oil
burning activities must notify EPA to
identify their used oil burning activities.
Even if a burner has previously notified
EPA of hazardous waste management
activities under section 3010 of RCRA
and obtained an identification number,
the used oil burner must renotify to
identify used oil burning activities.
§279.64 [Amended]
40. Section 279.64 is amended by
removing the first sentence of this
section and revising the word
"generators" in the third sentence to
read "burners".
§279.70 [Amonded]
41. In § 279.70(a), revise the word
"section" to read "subpart."
§279.72 [Amonded]
42. In § 279.72(a), remove the last
sentence.
§279.73 [Amonded]
43. In § 279.73(a), revise "this
section" to read "this subpart."
44. In § 279.73 paragraph (a) is revised
to read as follows:
§279.73 Notification.
(a) Used oil fuel marketers that have
not previously notified EPA of their
used oil fuel marketing activities must
notify EPA to identify these used oil
fuel marketing activities. Even if a used
oil fuel marketer has previously notified
EPA of hazardous waste management
activities under section 3010 of RCRA
and obtained an identification number,
the used oil fuel marketer must renotify
to identify used oil fuel marketing
activities.
§279.74 [Amended]
45. In the first sentence of § 279.74(a),
revise the word "generator" to read
"marketer."
IFR Doc. 93-10212 Filed 4-30-93; 8:45 am]
BILLING CODE SSOO-M-P
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