[Federal Register Volume 62, Number 85 (Friday, May 2, 1997)]
[Rules and Regulations]
[Pages 24051-24054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11491]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 244
[FRL-5814-7]
Solid Waste Programs; Management Guidelines for Beverage
Containers, and Resource Recovery Facilities Guidelines; Removal of
Obsolete Guidelines
AGENCY: U.S. Environmental Protection Agency (EPA).
ACTION: Partial withdrawal of direct final rule.
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SUMMARY: On December 31, 1996, the Environmental Protection Agency
(EPA) published a direct final rule (61 FR 69032) removing from the
Code of Federal Regulations (CFR) two guidelines pertaining to solid
waste management which are obsolete. This action was published without
prior proposal. Because EPA has received adverse comment with respect
to the removal of 40 CFR Part 244, Solid Waste Management Guidelines
for Beverage Containers, EPA withdraws the removal of this Part from
the direct final rule. The withdrawal of this Part does not affect the
removal of 40 CFR Part 245 which became effective March 3, 1997.
EFFECTIVE DATE: March 3, 1997.
FOR FURTHER INFORMATION CONTACT: Deborah Gallman (703) 308-8600, U.S.
EPA, Office of Solid Waste and Emergency Response, 401 M Street, SW,
(5306W), Washington, D.C. 20460, or the RCRA Superfund Hotline, phone
(800) 424-9346 or (703) 412-9810 in the Washington, DC, metropolitan
area.
SUPPLEMENTARY INFORMATION: On December 31, 1996, EPA published in the
Federal Register a direct final rule to remove two guidelines
pertaining to solid waste management which the Agency believes to be
obsolete, 40 CFR Part 244, Solid Waste Management Guidelines for
Beverage Containers, and Part 245, Resource Recovery Facilities
Guidelines. The activities addressed in these 1976 guidelines have been
included in numerous state and local statutes and regulations and other
Federal rules, or have been superseded by such Presidential actions as
Executive Order 12873. The direct final rule was published without
prior proposal in the Federal Register but with a provision for a 30
day comment period. In addition, EPA published a proposed rule, also on
December 31, 1996 (61 FR 69059). EPA announced in both rules that,
should EPA receive adverse comment on the direct final rule, the Agency
would withdraw the direct final rule and address the comments received
in a subsequent final rule based on the related proposed rule. EPA
received adverse comment within the prescribed comment period
specifically addressing the removal of 40 CFR Part 244. EPA did not
receive adverse comments addressing the removal of 40 CFR Part 245.
With today's action, EPA is withdrawing the removal of 40 CFR Part 244
from the December 31, 1996 direct final rule (61 FR 69032). The
withdrawal of Part 244 from the direct final rule does not affect the
removal of Part 245 which became effective March 3, 1997, as indicated
in the direct final rule. The comments received regarding the removal
of 40 CFR Part 244 will be addressed in a subsequent final rule based
on the related proposed rule (61 FR 69059).
List of Subjects in 40 CFR Part 244
Environmental protection, Waste treatment and disposal, Recycling,
Government property.
Dated: April 16, 1997.
Timothy Fields, Jr.,
Acting Assistant Administrator, Office of Solid Waste and Emergency
Response.
For the reasons set forth in the preamble, the amendment removing
40 CFR Part 244 published at 61 FR 69032 (December 31, 1996) is
withdrawn and part 244 is added as follows:
PART 244--SOLID WASTE MANAGEMENT GUIDELINES FOR BEVERAGE CONTAINERS
Subpart A--General Provisions
Sec.
244.100 Scope.
244.101 Definitions.
Subpart B--Requirements
244.200 Requirements.
244.201 Use of returnable beverage containers.
244.202 Information.
244.203 Implementation decisions and reporting.
Appendix to Part 244--Recommended Bibliography
Authority: Secs. 1008 and 6004 of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act of 1976, as
amended (42 U.S.C. 6907, 6964).
Subpart A--General Provisions
Sec. 244.100 Scope.
(a) The ``Requirement'' sections contained herein delineate minimum
actions for Federal agencies for reducing beverage container waste.
(b) Section 211 of the Act and Executive Order 11752 make the
``Requirements'' section of the
[[Page 24052]]
guidelines mandatory upon Federal agencies. They are recommended for
adoption by State and local governments and private agencies.
(c) Intent and Objectives. (1) These Guidelines for Beverage
Containers are intended to achieve a reduction in beverage container
solid waste and litter, resulting in savings in waste collection and
disposal costs to the Federal Government. They are also intended to
achieve the conservation and more efficient use of energy and material
resources through the development of effective beverage distribution
and container collection systems.
(2) The guidelines are intended to achieve these goals by making
all beverage containers returnable and encouraging reuse of recycling
of the returned containers. To accomplish the return of beverage
containers, a deposit of at least five cents on each returnable
beverage container is to be paid upon purchase by the consumer and
refunded to the consumer when the empty container is returned to the
dealer. This refund value provides a positive incentive for consumers
to return the empty containers. Once containers are returned,
nonrefillable containers can be recycled and refillable bottles can be
reused.
(3) The minimum deposit of five cents has been chosen because it is
deemed a large enough incentive to induce the return of most
containers, and it is the most widely used deposit amount in present
deposit systems. Because this action is intended to be compatible with
present deposit systems, it is recommended that Federal facilities
apply higher deposit levels in localities where higher levels are
ordinarily used and lower deposit levels if the local area has an
established return system with a minimum deposit level, for some or all
beverage containers, of less than five cents.
(4) Final determination of how the requirements of the guidelines
will be met rests with the head of each Federal agency.
(5) Federal facilities implementing the guidelines must charge
refundable deposits on both refillable beverage containers and
nonrefillable ones. Use of a refillable beverage container system will
achieve the objectives of this guideline and will also most likely
result in lower beverage prices for consumers. However, placing
refundable deposits on nonrefillable containers, which are subsequently
returned and recycled, also achieves the objectives of the guidelines.
(d) Nonimplementation for Federal Facilities. (1) The objectives of
these guidelines are to reduce solid waste and litter and to conserve
energy and materials through the use of a return system for beverage
containers. In order to have a substantial impact on solid waste and
litter created by beverage containers and to effect the concomitant
energy and materials savings in a cost-effective manner, three
conditions will be necessary: First, that consumers continue to
purchase beverages from dealers at Federal facilities; second, that
empty containers be returned and then reused or recycled; third, that
the costs of implementation are not prohibitive. The head of each
agency should consider these factors in order to make a determination
regarding implementation of these guidelines.
(2) The Administrator recognizes that the requirements of these
guidelines may not be practical at some Federal facilities due to
geographic or logistic problems of a local nature. Further, he
recognizes that the use of a returnable beverage container system will
accomplish nothing if all reasonable efforts to implement such a system
have failed to induce consumers to buy beverages in returnable
containers or to return them when empty. When these situations persist,
agencies may determine not to continue implementation of these
guidelines.
(3) Federal agencies that make the determination not to use
returnable containers shall provide to the Administrator the analysis
and rationale used in making that determination as required by
Sec. 244.100(f)(3). The Administrator will publish notice of
availability of this report in the Federal Register.
The following conditions are considered to be valid reasons for not
using returnable beverage containers.
(i) Situations in which, after a trial implementation, there is no
alternative available that results in meeting the objectives of the
guidelines in a cost effective manner. Examples of indications of this
situation include, but are not limited to:
(A) Data indicating a substantial and persistent reduction in
beverage sales that is not directly attributable to any other cause;
and
(B) Failure to establish a beverage container return rate that
effectively achieves the objectives of these guidelines.
(ii) Situations in which no viable alternative can be found which
avoids excessive, irrecoverable costs to the facility or the Agency.
These conditions may prevail at either part or all of a facility. It is
expected that facilities will use returnable beverage containers in
those portions of their beverage distribution systems where it is
effective to do so. However, it is recognized that in some situations,
such as for unattended vending machines where it is impractical to
establish refund locations, or in small remote outlets where the
majority of consumers are transient, it may not be possible to use
returnable containers effectively. The provisions for nonimplementation
can be applied to those portions of a facility.
(e) The Environmental Protection Agency will render technical
assistance and other guidance to Federal agencies when requested to do
so pursuant to section 3(d)(1) of Executive Order 11752.
(f) Reports--(1) Implementation Schedule Report. This report is to
advise the EPA of plans for the implementation of these guidelines. It
is to be submitted to the Administrator within 60 days following an
agency's determination to implement, and should include a list of
planned implementation actions and a schedule indicating when those
actions will be taken.
(2) [Reserved]
(3) Nonimplementation Report. Nonimplementation reports are to be
submitted to the Administrator as soon as possible after a final agency
determination has been made not to use returnable beverage containers
but not later than sixty days after this determination. The
Administrator will indicate to the reporting agency his concurrence or
nonconcurrence with the agency's decision, including his reasons
therefor. This concurrence or nonconcurrence is advisory.
Nonimplementation reports should include:
(i) A description of alternative actions considered or implemented,
including those actions which, if taken or continued, would have
involved a deposit or return system.
(ii) A description of ongoing actions that will be continued and
actions taken or proposed that would preclude future implementation of
a returnable beverage container system. This statement should identify
all agency facilities or categories of facilities that will be
affected.
(iii) An analysis in support of the determination not to implement
a deposit system, including technical data, market studies, and policy
considerations used in making that determination. If the determination
not to implement is based on inability to achieve a cost-effective
system, this analysis should include such things as sales volume,
impact on total overhead costs, administrative costs, other costs of
implementation, percentage of
[[Page 24053]]
containers sold that are returned, solid waste and litter reduction,
energy and materials saved, and retail prices (before and after
implementation).
Sec. 244.101 Definitions.
(a) Beverage means carbonated natural or mineral waters; soda water
and similar carbonated soft drinks; and beer or other carbonated malt
drinks in liquid form and intended for human consumption.
(b) Beverage container means an airtight container containing a
beverage under pressure of carbonation. Cups and other open receptacles
are specifically excluded from this definition.
(c) Consumer means any person who purchases a beverage in a
beverage container for final use or consumption.
(d) Dealer means any person who engages in the sale of beverages in
beverage containers to a consumer.
(e) Deposit means the sum paid to the dealer by the consumer when
beverages are purchased in returnable beverage containers, and which is
refunded when the beverage container is returned.
(f) Distributor means any person who engages in the sale of
beverages, in beverage containers, to a dealer, including any
manufacturer who engages in such sale.
(g) Federal Agency means any department, agency, establishment, or
instrumentality of the executive branch of the United States
Government.
(h) Federal facility means any building, installation, structure,
land, or public work owned by or leased to the Federal Government.
Ships at sea, aircraft in the air, land forces on maneuvers, and other
mobile facilities; and United States Government installations located
on foreign soil or on land outside the jurisdiction of the United
States Government are not considered ``Federal facilities'' for the
purpose of these guidelines.
(i) On-Premise Sales means sales transactions in which beverages
are purchased by a consumer for immediate consumption within the area
under control of the dealer.
(j) Recycling means the process by which recovered materials are
transformed into new products.
(k) Refillable Beverage Container means a beverage container that
when returned to a distributor or bottler is refilled with a beverage
and reused.
(l) Refund means the sum, equal to the deposit, that is given to
the consumer or the dealer or both in exchange for empty returnable
beverage containers.
(m) Returnable Beverage Container means a beverage container for
which a deposit is paid upon purchase and for which a refund of equal
value is payable upon return.
Subpart B--Requirements
Sec. 244.200 Requirements.
Sec. 244.201 Use of returnable beverage containers.
(a) All beverages in beverage containers sold or offered for sale
shall be sold in returnable beverage containers. On-premise sales are
specifically excluded from this requirement provided that empty
beverage containers are returned to the distributor for refilling, or
are recycled, either by the dealer or by the distributor when markets
for recyclable materials are available.
(b) The deposit shall be at least five (5) cents unless the local
area has an established return system in operation with a lower minimum
deposit level. In these specific areas, Federal facilities may adopt a
minimum deposit equal to the local deposit level.
(c) A dealer shall accept from a consumer any empty beverage
containers of the kind, size and brand sold by the dealer, and pay the
consumer the refund value of the beverage container, provided the
container is refillable or is labelled in accordance with
Sec. 244.202(a).
(d) The refund shall be provided at the place of sale whenever
possible or as close to that place as practicable, and in any event, on
the premises of the particular federal facility involved. Refund
locations shall be conspicuously labelled as refund centers. If they
are not in the immediate vicinity of the place of sale, notice of their
location shall be prominently posted at that place of sale.
(e) A dealer shall not procure beverages in beverage containers
from distributors who refuse to: Accept from the dealer any returnable
beverage containers of the kind, size and brand sold by the
distributor; pay to the dealer the refund value of the beverage
containers; and reuse the returned containers or recycle them where
markets for recyclable materials are available.
(f) Returned refillable beverage containers shall be returned to
the distributor for refilling. Nonrefillable beverage containers shall
be returned to the appropriate distributor or recycled, where markets
for recyclable materials are available.
Sec. 244.202 Information.
(a) With the exception of refillable beverage containers, every
returnable beverage container sold or offered for sale by a dealer
shall clearly and conspicuously indicate, by embossing or by stamp, or
by a label securely affixed to the beverage container, the refund value
of the container and that the container is returnable.
(b) Dealers shall inform consumers that beverages are sold in
returnable beverage containers by placing a sign, or a shelf label, or
both, in close proximity to any sales display of beverages in
returnable containers. That sign or label shall indicate that all
containers are returnable, separately list the beverage price and
deposit to be paid by the consumer, and shall indicate where the empty
beverage containers may be returned for refund of the deposit.
Sec. 244.203 Implementation decisions and reporting.
Federal agencies are to determine whether or not to implement these
guidelines by October 20, 1977. Reporting of that determination shall
be in accordance with the following requirements:
(a) Federal agencies that plan to implement these guidelines shall
report that decision to the Administrator in accordance with the
procedures described in Sec. 244.100(f)(1).
(b) Agencies that determine not to implement these guidelines shall
provide to the Administrator a nonimplementation report in accordance
with Sec. 244.100(f)(3). This report shall include the reasons for
nonimplementation, based on concepts presented in Sec. 244.100(d).
Appendix to Part 244--Recommended Bibliography
1. Office of Solid Waste Management Programs. Second report to
Congress; resource recovery and source reduction. Environmental
Protection Publication SW-122. Washington, U.S. Government Printing
Office, 1974.
2. Applied Decision Systems, Inc. Study of the effectiveness and
impact of the Oregon minimum deposit law. Salem, Oregon Legislative
Fiscal Office, 1974.
3. Midwest Research Institute. Resource and environmental
profile analysis of nine beverage container alternatives.
Environmental Protection Publications SW-91c. Washington, U.S.
Government Printing Office, 1974.
4. Alpha Beta Acme Markets, Inc. Bottle survey '71: A California
supermarket report on the cost of handling returnable soft drink
bottles. 1971.
5. Research Triangle Institute. The beverage container problem,
analysis and recommendations. Environmental Protection Agency
Publication R 2-72-059, 1972.
6. Research Triangle Institute. An evaluation of the
effectiveness and costs of regulatory and fiscal policy instruments
on product packaging. RTI Project No. 41U-824, 1974.
7. Lowe, R. A. Energy conservation through improved solid waste
management.
[[Page 24054]]
Environmental Protection Agency Publication SW-125. Washington, U.S.
Government Printing Office, 1974.
8. Gudger, C., and J. Bailes. The economic impact of Oregon's
bottle bill. Oregon State University Press, 1974.
9. Claussen, E. Oregon's bottle bill: The first six months.
Environmental Protection Agency Publication SW-109. Washington, U.S.
Government Printing Office, 1973.
10. Scheinman, T. Mandatory deposit legislation for beer and
soft drink containers in Maryland, an economic analysis. State of
Maryland Council of Economic Advisers, 1974.
11. U.S. Congress, Senate. Hearings before the Subcommittee on
the Environment, Committee on Commerce, 93rd Congress, May 6 to 7,
1974.
12. Quinn, Robert. No deposit no return * * * a report on
beverage containers. New York State Senate Task Force on Critical
Problems, 1975.
13. Weinberg, R. S. The effect of convenience packaging on the
malt beverage industry 1947-1969. St. Louis, Missouri, December,
1971.
14. Impacts of beverage container regulations in Minnesota; a
report to the Governor and the Minnesota Legislature. Minneapolis,
Minnesota State Planning Agency, January, 1974.
15. Loube, M. Beverage containers; the Vermont experience.
Washington, U.S. Environmental Protection Agency, 1975.
16. Nadworny, Milton J. Some economic consequences of the
Vermont beverage container deposit law. Burlington, University of
Vermont, February 1975.
17. O'Brien, M. Returnable containers for Maine; an
environmental and economic assessment. Portland, Maine, Maine
Citizens for Returnable Containers, March 17, 1975.
18. Questions and answers on returnable beverage containers for
beer and soft drinks. U.S. Environmental Protection Agency, Office
of Solid Waste Management programs, Resource Recovery Division.
Washington, June 1975.
19. Ross, M. H. Employment effects of a ban on nonreturnable
beverage containers in Michigan. Kalamazoo, Michigan, Kalamazoo
Nature Center for Environmental Education, April, 1975.
20. Stern, C., et al. Impacts of beverage container legislation
on Connecticut and a review of the experience in Oregon, Vermont and
Washington State. Storrs, University of Connecticut, Department of
Agricultural Economics, March 20, 1975.
21. Train, R. E. Win the war on waste. Presented at 3d National
Congress on Waste Management Technology and Resource Recovery, San
Francisco, November 14, 1975.
22. Waggoner, D. Oregon's bottle bill two years later. Portland,
Oregon, Columbia Group Press, May, 1974.
23. Council on Environmental Economics. A report on the
environmental economics regarding mandatory deposit legislation for
beer and soft drink containers in Maryland. Annapolis, Maryland,
January, 1975.
24. O'Brien, M. Returnable containers for Maine; an
environmental and economic assessment. Maine Citizens for Returnable
Containers. Portland, Maine, March 17, 1975, 13p.
[FR Doc. 97-11491 Filed 5-1-97; 8:45 am]
BILLING CODE 6560-50-P