25006 Federal Register / Vol. 63, No. 87 /Wednesday, May 6, 1998 / Proposed Rules

[FR Doc. 98–11942 Filed 5–5–98; 8:45 am]

BILLING CODE 6750–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 22 and 59

[FRL–6010–2]

RIN 2020–AA13

Reopening of Public Comment Period

for Proposed Revisions of the

Consolidated Rules of Practice

Governing the Administrative

Assessment of Civil Penalties,

Issuance of Compliance or Corrective

Action Orders, and the Revocation,

Termination or Suspension of Permits

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule; reopening of

comment period.

SUMMARY: EPA is reopening the

comment period for the proposed rule

entitled ‘‘Consolidated Rules of Practice

Governing the Administrative

Assessment of Civil Penalties, Issuance

of Compliance or Corrective Action

Orders, and the Revocation,

Termination or Suspension of Permits’’

that was published in the Federal

Register of February 25, 1998. Several

commenters requested additional time

to analyze the proposed changes. In

response, the Agency is reopening the

comment period. The original comment

period closed April 27, 1998.

DATES: Written comments must be

submitted on or before June 5, 1998.

ADDRESSES: Comments should be

submitted in writing to Enforcement

and Compliance Docket and Information

Center (2201A), Office of Enforcement

and Compliance Assurance, Office of

Regulatory Enforcement, U.S.

Environmental Protection Agency, 401

M Street, SW, Washington, D.C. 20460

or via electronic mail to cropcomments@epamail.epa.gov. Comments

submitted on paper must be submitted

in triplicate.

EPA will make available, both in

paper form and on the internet, a record

of comments received in response to

this document. The official docket will

be a paper record of all comments

received in writing or by electronic

mail. This record may be reviewed at

room 4033 of the Ariel Rios Federal

Building, 1200 Pennsylvania Avenue,

N.W., Washington, DC 20044. Persons

interested in reviewing the comments

must make advance arrangements to do

so by calling 202–564–2614. A

reasonable fee may be charged by EPA

for copying docket materials. The

Agency also will publish a copy of the

official docket on the Office of

Enforcement and Compliance

Assurance’s internet home page at http:/

/www.epa.gov/oeca/regstat2.html. The

Agency intends that this internet docket

should duplicate the official paper

record, however, if technological or

resource limitations make it infeasible

to include one or more comments on the

internet docket, the internet docket will

identify those comments available only

in the official paper docket.

FOR FURTHER INFORMATION CONTACT:

Scott Garrison (202–564–4047), Office

Enforcement and Compliance

Assurance, Office of Regulatory

Enforcement (2248A), U.S.

Environmental Protection Agency,

Washington, D.C. 20460.

List of Subjects

40 CFR Part 22

Environmental protection,

Administrative practice and procedure.

40 CFR Part 59

Environmental protection,

Administrative practice and procedure,

Rules governing hearings on field

citations.

Dated: April 28, 1998.

Eric V. Schaeffer,

Director, Office of Regulatory Enforcement,

Office of Enforcement and Compliance

Assurance.

[FR Doc. 98–12034 Filed 5–5–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 261 and 279

[FRL–5969–3]

Hazardous Waste Management

System; Identification and Listing of

Hazardous Waste; Recycled Used Oil

Management Standards

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: Today’s proposal would

eliminate errors and clarify ambiguities

in the used oil management standards.

Today’s proposal, if promulgated,

would make clear when used oil

contaminated with polychlorinated

biphenyls (PCBs) is regulated under the

used oil management standards and

when it is not, that the requirements

applicable to releases of used oil apply

in States that are not authorized for the

RCRA base program, that mixtures of

conditionally exempt small quantity

generator (CESQG) wastes and used oil

are subject to the used oil management

standards irrespective of how that

mixture is to be recycled, and that the

initial marketer of used oil that meets

the used oil fuel specification need only

keep a record of a shipment of used oil

to the facility to which the initial

marketer delivers the used oil. Today’s

proposal would also amend three

incorrect references to the pre-1992

used oil specifications in the provisions

which address hazardous waste fuel

produced from, or oil reclaimed from,

oil bearing hazardous wastes from

petroleum refining operations.

In the Final Rules section of today’s

Federal Register, the U.S.

Environmental Protection Agency (EPA)

is also publishing a parallel direct final

rule containing identical amendments

which will become effective unless

relevant adverse comments are received

in response to this rulemaking. For more

information on the direct final

rulemaking process, see the

SUPPLEMENTARY INFORMATION section of

this document.

DATES: Comments on this proposed rule

must be received on or before June 5,

1998 and notice of intent to file adverse

comments must be received on or before

May 20, 1998.

ADDRESSES:

Intent To Submit Comments

Persons wishing to notify EPA of their

intent to submit adverse comments on

this action should contact Alex

Schmandt by mail at Office of General

Counsel (2366), U.S. Environmental

Protection Agency, 401 M Street, SW,

Washington, DC 20460, by phone at

(202) 260–1708, by fax at (202) 260–

0584, or by Internet e-mail at

schmandt.alex@epamail.epa.gov.

Submitting Comments

Commenters must send an original

and two copies of their comments

referencing docket number F–98–

CUOP–FFFFF to: RCRA Docket

Information Center, Office of Solid

Waste (5305G), U.S. Environmental

Protection Agency, 401 M Street, SW,

Washington, DC 20460. Hand deliveries

of comments should be made to the

Arlington, VA, address below.

Comments may also be submitted

electronically through the Internet to:

rcra-docket@epamail.epa.gov.

Comments in electronic format should

also be identified by the docket number

F–98–CUOP–FFFFF. All electronic

comments must be submitted as an

ASCII file avoiding the use of special

characters and any form of encryption.
Federal Register / Vol. 63, No. 87 /Wednesday, May 6, 1998 / Proposed Rules 25007

Commenters should not submit any

confidential business information (CBI)

electronically. 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. Environmental Protection

Agency, 401 M Street, SW, Washington,

DC 20460.

Viewing Docket Materials

Public comments and supporting

materials are available for viewing in

the RCRA Information Center (RIC),

located at Crystal Gateway I, First Floor,

1235 Jefferson Davis Highway,

Arlington, VA. The Docket

Identification Number is F–98–CUOP–

FFFFF. 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. The

index and some supporting materials

are available electronically. See the

SUPPLEMENTARY INFORMATION section for

information on accessing them.

FOR FURTHER INFORMATION CONTACT:

RCRA Hotline. 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.

Rulemaking Details. For more

detailed information on specific aspects

of this rulemaking, contact Tom

Rinehart by mail at Office of Solid

Waste (5304W), U.S. Environmental

Protection Agency, 401 M Street, SW,

Washington, DC 20460, by phone at

(703) 308–4309, or by Internet e-mail at

rinehart.tom@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

Direct Final Rulemaking Process

In the Final Rules Section of today’s

Federal Register, EPA is issuing a direct

final rule with identical amendments

which will become effective unless

relevant adverse comments are received

in response to this rulemaking. If

relevant adverse comment is received

on one or more of the amendments, EPA

will publish timely notification in the

Federal Register withdrawing the

amendment(s) that is the subject of

adverse comment. Any amendments in

this rulemaking that do not receive

relevant adverse comment will become

effective on the date set out in the

accompanying direct final rule,

notwithstanding any adverse comment

on other portions of this rulemaking. A

relevant comment will be considered to

be any comment substantively

criticizing an amendment. This notice of

proposed rulemaking may serve as the

basis of a subsequent final rule if an

amendment that is the subject of

adverse comment is withdrawn as

described above. For instructions on

notifying EPA of your intent to

comment and for instructions on how to

submit comments, please see the

ADDRESSES section above.

Internet Availability

This proposed rule and the following

supporting materials are available on

the Internet:

Docket Item: Petition for Review.

From: Edison Electric Institute, et al.

To: U.S. Court of Appeals for the

District of Columbia Circuit.

Docket Item: Petitioners’ Preliminary

and Non-binding Statement of Issues to

be Raised on Appeal.

From: Edison Electric Institute, et al.

To: U.S. Court of Appeals for the

District of Columbia Circuit.

Docket Item: Letter describing Edison

Electric Institute’s outstanding issues

and proposals for resolving these issues.

From: Edison Electric Institute, et al.

To: U.S. Environmental Protection

Agency.

Docket Item: Letter describing Edison

Electric Institute’s issues including a

request that EPA issue a technical

correction to 40 CFR 279.10(i).

From: Edison Electric Institute, et al.

To: U.S. Environmental Protection

Agency.

Docket Item: Letter requesting that

EPA resolve outstanding issues.

From: Edison Electric Institute, et al.

To: U.S. Environmental Protection

Agency.

Docket Item: Settlement Agreement.

From: Edison Electric Institute, et al.

U.S. Environmental Protection Agency,

and U.S. Department of Justice.

To: U.S. Court of Appeals for the

District of Columbia Circuit.

Docket Item: Memorandum that

describes an abbreviated state

authorization revision application

procedure for state rule changes in

response to minor federal rule changes

or corrections.

From: Michael Shapiro, Director,

Office of Solid Waste.

To: Regional Waste Management

Division Directors.

Follow these instructions to access

this information electronically:

WWW URL: http://www.epa.gov/

epaoswer/hazwaste/usedoil/index.htm.

FTP: ftp.epa.gov.

Login: anonymous.

Password: your Internet e-mail

address.

Path: /pub/epaoswer.

Official Record

The official record for this action will

be kept in paper form. Accordingly, EPA

will transfer all comments received

electronically into paper form and place

them in the official record, which will

also include all comments submitted

directly in writing. The official record is

the paper record maintained at the

address in ADDRESSES at the beginning

of this document.

Response to Comments

EPA responses to comments, whether

the comments are written or electronic,

will be in a notice in the Federal

Register or in a response to comments

document placed in the official record

for this rulemaking. EPA will not

immediately reply to commenters

electronically other than to seek

clarification of electronic comments that

may be garbled in transmission or

during conversion to paper form, as

discussed above.

Outline of Today’s Document

I. Authority

II. Background and Summary of Proposed

Rule

III. Regulatory Amendments

A. Applicability of the Used Oil

Management Standards to PCB

Contaminated Used Oil

B. Response to Releases of Used Oil

C. Mixtures of CESQG Wastes and Used Oil

D. Reference to the Used Oil Fuel

Specification

E. Clarification of the Recordkeeping

Requirements for Marketers of OnSpecification Used Oil

IV. Regulatory Requirements

A. Executive Order No.12866

B. Regulatory Flexibility Act

C. Paperwork Reduction Act

D. Unfunded Mandates Reform Act

I. Authority

These regulations are issued under

the authority of sections 1004, 1006,

2002(a), 3001 through 3007, 3010, 3013,

3014, 3016 through 3018, and 7004 of

the Solid Waste Disposal Act, as

amended by the Resource Conservation

and Recovery Act, and as amended by

the Used Oil Recycling Act, as

amended, 42 U.S.C. 6901, 6905, 6912(a),

6921 through 6927, 6930, 6934, 6935,

6937 through 6939 and 6974.

II. Background and Summary of

Proposed Rule

Today’s proposal would make

technical corrections and clarify

ambiguities to existing regulatory

language concerning used oil at 40 CFR

Part 279 and 40 CFR Part 261. The
25008 Federal Register / Vol. 63, No. 87 /Wednesday, May 6, 1998 / Proposed Rules

clarification of the applicability of the

used oil management standards to PCB

contaminated used oil is undertaken as

part of a settlement agreement in

response to a lawsuit challenging EPA’s

final rule promulgated on May 3, 1993,

(58 FR 26420). Edison Electric Institute

v. U.S. EPA (D.C. Circuit No. 93–1474).

The May 1993 rule corrected technical

errors and provided clarifying

amendments to the used oil

management standards promulgated on

September 10, 1992 (57 FR 41566). In

addition, the Agency found several

errors and ambiguities during review of

the existing regulatory language

concerning used oil. Today’s proposal

would eliminate these mistakes and

clarify ambiguities in the used oil

management standards.

These clarifications and corrections

are presented in four separate sections,

through which the Agency proposes to

(1) clarify that used oil containing 50

ppm or greater PCBs is not subject to

regulation under the used oil

management standards at 40 CFR Part

279; (2) clarify that the response

requirements at 40 CFR Part 279 for

releases of used oil apply in states

without RCRA base program

authorization; (3) clarify that mixtures

of CESQG waste and used oil are subject

to the used oil management standards

regardless of how that mixture is to be

recycled; (4) amend the references to the

used oil management standards in 40

CFR Part 261 to make them consistent

with the standards at 40 CFR Part 279;

and (5) clarify that the initial marketer

of used oil that meets the used oil fuel

specification need only keep a record of

a shipment of used oil to the facility to

which the initial marketer delivers the

used oil.

III. Regulatory Amendments

A. Applicability of the Used Oil

Management Standards to PCB

Contaminated Used Oil

Today’s proposal would amend 40

CFR 279.10(i) to clarify the applicability

of the used oil management standards of

40 CFR Part 279 to used oil containing

PCBs. The proposed language reflects

EPA’s intent that used oil that contains

less than 50 ppm of PCBs is subject to

regulation under the used oil

management standards. Used oil that

contains 50 ppm or greater of PCBs is

not subject to regulation under the used

oil management standards, because the

TSCA regulations at 40 CFR Part 761

provide comprehensive management of

such used oil. The history of, and

rationale for, this change are discussed

in the recycled used oil notice in the

Final Rule section of today’s Federal

Register.

B. Response to Releases of Used Oil

Today’s proposal would amend 40

CFR 279.22(d), 279.45(h), 279.54(g) and

279.64(g) to clarify that the response

requirements for releases of used oil

apply in states that are not authorized

for the RCRA base program pursuant to

RCRA Section 3006, 42 U.S.C. 6926,

and, hence, that are not authorized for

the used oil management standards.

(Base program authorization refers to

the RCRA program initially made

available for final authorization,

reflecting Federal regulations as of July

26, 1982.) At this time, Alaska, Hawaii,

Iowa, Puerto Rico, the Virgin Islands,

the Northern Mariana Islands and

American Samoa do not have an

authorized RCRA base program. The

history of, and rationale for, these

changes are discussed in the recycled

used oil notice in the Final Rule section

of today’s Federal Register.

C. Mixtures of CESQG Wastes and Used

Oil

Today’s proposal would amend 40

CFR 261.5(j) to clarify that the

regulatory provisions that address

mixtures of CESQG wastes and used oil

that are to be recycled, § 261.5(j) and

§ 279.10(b)(3), do not limit the

applicability of the used oil

management standards to such

mixtures. Both provisions are intended

to indicate that mixtures of CESQG

wastes and used oil are subject to the

used oil management standards,

notwithstanding the conditional

exemption of small quantity generator

wastes from regulation as a hazardous

waste. The history of, and rationale for,

this change are discussed in the

recycled used oil notice in the Final

Rule section of today’s Federal Register.

D. Reference to Used Oil Fuel

Specification

Today’s proposal would amend 40

CFR 261.6(a)(3)(iv)(A)–(C) to reflect the

recodification of the used oil

requirements at 40 CFR part 279. The

three provisions address hazardous

waste fuel produced from, or oil

reclaimed from, oil bearing hazardous

wastes from petroleum refining

operations. All three provisions

incorrectly reference the pre-1992 used

oil fuel specification provision,

§ 266.40(e), which was recodified in

1992 at § 279.11. These provisions

should have been amended in 1992.

E. Clarification of the Recordkeeping

Requirements for Marketers of OnSpecification Used Oil

Today’s proposal would amend 40

CFR 279.74(b) to clarify that the

marketer who first claims that used oil

that is to be burned for energy recovery

meets the fuel specification (onspecification used oil) must only keep a

record of a shipment of used oil to the

facility to which the initial marketer

delivers the used oil. The history of, and

rationale for, this change are discussed

in the recycled used oil notice in the

Final Rule section of today’s Federal

Register.

IV. Regulatory Requirements

A. Executive Order 12866

Under Executive Order 12866 (58 FR

51735, October 4, 1993), the Agency

must determine whether this regulatory

action is ‘‘significant’’ and therefore

subject to OMB review and the

requirements of the Executive Order.

The Order defines ‘‘significant’’

regulatory action as one that is likely to

lead to a rule that may:

(1) Have an annual effect on the

economy of $100 million or more, or

adversely and materially affect 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 entitlement, grants, user fees,

or loan programs or the rights and

obligations of 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 the Executive Order.

OMB has reviewed this rule and has

determined it to be not significant under

the terms of the Executive Order.

B. Regulatory Flexibility Act

The Regulatory Flexibility Act, 5

U.S.C. 601–602, requires that Federal

agencies examine the impacts of their

regulations on ‘‘small entities’’. If a

rulemaking will have a significant

impact on a substantial number of small

entities, agencies must consider

regulatory alternatives that minimize

economic impact.

EPA believes that today’s proposal

will not impact any small entity because

it does not impose regulatory

requirements or otherwise substantively

change existing requirements. Today’s

proposal eliminates errors and clarifies

ambiguities in the used oil management

standards so as to restore the Agency’s
Federal Register / Vol. 63, No. 87 /Wednesday, May 6, 1998 / Proposed Rules 25009

intended result. Therefore, I certify

pursuant to 5 U.S.C. 601 et seq., that

this rule will not have a significant

impact on a substantial number of small

entities.

C. Paperwork Reduction Act

Under the Paperwork Reduction Act,

44 U.S.C. 3501 et seq., EPA must

consider the paperwork burden imposed

by any information collection request in

a proposed or final rule. This proposal

will not impose any new information

collection requirements.

D. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), P.L. 104–

4, establishes requirements for Federal

agencies to assess the effects of their

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. When a written

statement is needed for any EPA rule,

section 205 of the UMRA generally

requires EPA to identify and consider a

reasonable number of regulatory

alternatives and adopt the least costly,

most cost-effective or least burdensome

alternative that achieves the objectives

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, giving them

meaningful and timely input in the

development of EPA regulatory

proposals with significant Federal

intergovernmental mandates, and

informing, educating, and advising them

on compliance with the regulatory

requirements.

Today’s proposal contains no Federal

mandates (under the regulatory

provisions of Title II of the UMRA) for

State, local, or tribal governments or the

private sector because it does not

impose regulatory requirements or

otherwise substantively change existing

requirements. Today’s proposal would

eliminate errors and clarifies

ambiguities in the used oil management

standards so as to restore the Agency’s

intended result. Thus, today’s proposal

is not subject to the requirements of

sections 202 and 205 of the UMRA.

Similarly, EPA has determined that this

proposal contains no regulatory

requirements that might significantly or

uniquely affect small governments.

List of Subjects

40 CFR Part 261

Environmental protection, Hazardous

waste, Recycling, Reporting and

recordkeeping requirements.

40 CFR Part 279

Conditionally exempt small quantity

generator (CESQG), Hazardous waste,

Polychlorinated biphenyls (PCBs), Solid

waste, Recycling, Response to releases,

Used oil, Used oil specification.

Dated: April 20, 1998.

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, chapter I of title 40 of the

Code of Federal Regulations is proposed

to be 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.

§ 261.5 [Amended]

2. Section 261.5(j) is amended by

removing both phrases, ‘‘if it is destined

to be burned for energy recovery’’.

§ 261.6 [Amended]

3. In § 261.6 paragraphs (a)(3)(iv)(A)–

(C) are amended by revising the

reference ‘‘266.40(e)’’ to read ‘‘279.11’’.

PART 279—STANDARDS FOR THE

MANAGEMENT OF USED OIL

4. 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)).

5. Section 279.10 is amended by

revising paragraph (i) to read as follows:

§ 279.10 Applicability.

* * * * *

(i) Used oil containing PCBs. Used oil

containing PCBs (as defined at 40 CFR

761.3) at any concentration less than 50

ppm is subject to the requirements of

this Part. Used oil subject to the

requirements of this Part may also be

subject to the prohibitions and

requirements found at 40 CFR Part 761,

including § 761.20(d) and (e). Used oil

containing PCBs at concentrations of 50

ppm or greater is not subject to the

requirements of this Part, but is subject

to regulation under 40 CFR Part 761.

6. Section 279.22 is amended by

revising paragraph (d) to read as

follows:

§ 279.22 Used oil storage.

* * * * *

(d) Response to releases. Upon

detection of a release of used oil to the

environment that is not subject to the

requirements of Part 280, Subpart F of

this chapter and which has occurred

after the effective date of the recycled

used oil management program in effect

in the State in which the release is

located, a generator must perform the

following cleanup steps:

(1) Stop the release;

(2) Contain the released used oil;

(3) Clean up and manage properly the

released used oil and other materials;

and

(4) If necessary, repair or replace any

leaking used oil storage containers or

tanks prior to returning them to service.

7. Section 279.45 is amended by

revising paragraph (h) to read as

follows:

§ 279.45 Used oil storage at transfer

facilities.

* * * * *

(h) Response to releases. Upon

detection of a release of used oil to the

environment that is not subject to the

requirements of part 280, subpart F of

this chapter and which has occurred

after the effective date of the recycled

used oil management program in effect

in the State in which the release is

located, the owner/operator of a transfer

facility must perform the following

cleanup steps:

(1) Stop the release;

(2) Contain the released used oil;

(3) Clean up and manage properly the

released used oil and other materials;

and

(4) If necessary, repair or replace any

leaking used oil storage containers or

tanks prior to returning them to service.

8. Section 279.54 is amended by

revising paragraph (g) to read as follows:

§ 279.54 Used oil management.

* * * * *

(g) Response to releases. Upon

detection of a release of used oil to the
25010 Federal Register / Vol. 63, No. 87 /Wednesday, May 6, 1998 / Proposed Rules

environment that is not subject to the

requirements of part 280, subpart F of

this chapter and which has occurred

after the effective date of the recycled

used oil management program in effect

in the State in which the release is

located, an owner/operator must

perform the following cleanup steps:

(1) Stop the release;

(2) Contain the released used oil;

(3) Clean up and manage properly the

released used oil and other materials;

and

(4) If necessary, repair or replace any

leaking used oil storage containers or

tanks prior to returning them to service.

* * * * *

9. Section 279.64 is amended by

revising paragraph (g) to read as follows:

§ 279.64 Used oil storage.

* * * * *

(g) Response to releases. Upon

detection of a release of used oil to the

environment that is not subject to the

requirements of part 280, subpart F of

this chapter and which has occurred

after the effective date of the recycled

used oil management program in effect

in the State in which the release is

located, a burner must perform the

following cleanup steps:

(1) Stop the release;

(2) Contain the released used oil;

(3) Clean up and manage properly the

released used oil and other materials;

and

(4) If necessary, repair or replace any

leaking used oil storage containers or

tanks prior to returning them to service.

10. Section 279.74 is amended by

revising paragraph (b) to read as follows:

§ 279.74 Tracking.

* * * * *

(b) On-specification used oil delivery.

A generator, transporter, processor/rerefiner, or burner who first claims that

used oil that is to be burned for energy

recovery meets the fuel specifications

under § 279.11 must keep a record of

each shipment of used oil to the facility

to which it delivers the used oil.

Records for each shipment must include

the following information:

(1) The name and address of the

facility receiving the shipment;

(2) The quantity of used oil fuel

delivered;

(3) The date of shipment or delivery;

and

(4) A cross-reference to the record of

used oil analysis or other information

used to make the determination that the

oil meets the specification as required

under § 279.72(a).

* * * * *

[FR Doc. 98–11377 Filed 5–5–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 206

RIN 3067–AC82

Extensions of the Application Period

for Temporary Housing Assistance

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Proposed rule.

SUMMARY: This proposed rule would

authorize the Associate Director/

Executive Associate Director for

Response and Recovery to extend

beyond the standard 60-day limit the

application period for assistance

provided under the Disaster Housing

Program.

DATES: Comments will be accepted until

July 6, 1998.

ADDRESSES: Please send comments to

the Rules Docket Clerk, Office of the

General Counsel, Federal Emergency

Management Agency, 500 C Street SW.,

Washington, DC 20472, (facsimile) 202–

646–4536, or e:mail rules@fema.gov.

FOR FURTHER INFORMATION CONTACT:

Laurence W. Zensinger, Response and

Recovery Directorate, Federal

Emergency Management Agency, 500 C

Street SW., Washington, DC 20472,

(202) 646–3642, (facsimile) 202–646–

2730.

SUPPLEMENTARY INFORMATION: 44 CFR

206.101(e) currently provides that the

Regional Director may grant additional

time to submit applications for

temporary housing ‘‘in order to achieve

uniformity of application periods in

contiguous States’’ (44 CFR 206.101

(e)(1)). There are, however, other

disaster-specific circumstances under

which an extension of the application

period would be appropriate, including

when the volume of anticipated

applicants in a catastrophic disaster

cannot be registered within 60 days or

when disaster-related damage may not

be ascertained sooner than 60 days from

the declaration date. This proposed rule

would provide the Associate Director/

Executive Associate Director with the

authority to extend the application

period for disaster housing assistance

when circumstances warrant this

measure and, thereby, would better

serve the disaster-affected public. For

consistency of implementation, this ad

hoc authority will be given to the

Associate Director/Executive Associate

Director, Response and Recovery

Directorate at FEMA Headquarters.

National Environmental Policy Act.

This proposed rule would be

categorically excluded from the

requirements of 44 CFR Part 10,

Environmental Consideration. No

environmental impact assessment has

been prepared.

Executive Order 12866, Regulatory

Planning and Review.

This proposed rule would not be a

significant regulatory action within the

meaning of § 2(f) of E.O. 12866 of

September 30, 1993, 58 FR 51735. To

the extent possible, this proposed rule

adheres to the regulatory principles set

forth in E.O. 12866 and the Office of

Management and Budget has not

reviewed it under the provisions of E.O.

12866.

Paperwork Reduction Act.

This proposed rule would not contain

a collection of information requirement

as described in section 3504(h) of the

Paperwork Reduction Act.

Executive Order 12612, Federalism

This proposed rule would not involve

any policies that have federalism

implications under E.O. 12612,

Federalism, dated October 26, 1987.

Executive Order 12778, Civil Justice

Reform

This proposed rule would meet the

applicable standards of § 2(b)(2) of E.O.

12778.

List of Subjects in 44 CFR Part 206

Administrative practice and

procedure, Disaster assistance, Housing.

Accordingly, FEMA proposes to

amend 44 CFR part 206 as follows:

PART 206—FEDERAL DISASTER

ASSISTANCE FOR DISASTERS

DECLARED ON OR AFTER

NOVEMBER 23, 1988

Subpart D—Temporary Housing

Assistance

1. The authority citation for part 206

continues to read as follows:

Authority: The Robert T. Stafford Disaster

Relief and Emergency Assistance Act, 42

U.S.C. 5121 et seq.; Reorganization Plan No.

3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp.,

p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979

Comp., p. 376; E.O. 12148, 44 FR 43239, 3

CFR, 1979 Comp., p. 412; and E.O. 12673, 54

FR 12571, 3 CFR, 1989 Comp., p. 214.

Section 206.101(e)(1) is revised to

read as follows:

§ 206.101 Temporary housing assistance.

* * * * *

(e) Applications—(1) Application

period. In general, applications for

disaster housing assistance will be the

60 days following the date an incident

is declared a major disaster or an