[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR243.100]

[Page 325-326]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 243--GUIDELINES FOR THE STORAGE AND COLLECTION OF RESIDENTIAL, 
COMMERCIAL, AND INSTITUTIONAL SOLID WASTE--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 243.100  Scope.


    (a) These guidelines are promulgated in partial fulfillment of 
section 209(a) of the Solid Waste Disposal Act, as amended (Pub. L. 89-
272).
    (b) The guidelines apply to the collection of residential, 
commercial, and institutional solid wastes and street wastes. Explicitly 
excluded are mining, agricultural, and industrial solid wastes; 
hazardous wastes; sludges; construction and demolition wastes; and 
infectious wastes.
    (c) The ``Requirement'' sections contained herein delineate minimum 
levels of performance required of solid waste collection operations. 
Under section 211 of the Solid Waste Disposal Act, as amended, and 
Executive Order 12088, the ``Requirement'' sections of these guidelines 
are mandatory for Federal agencies. In addition, they are recommended to 
State, interstate, regional, and local governments for use in their 
activities.
    (d) The ``Recommended procedures'' sections are presented to suggest 
additional actions or preferred methods by

[[Page 326]]

which the objectives of the requirements can be realized. The 
``Recommended procedures'' are not mandatory for Federal agencies.
    (e) The guidelines apply equally to Federal agencies generating 
solid waste whether the solid waste is actually collected by a Federally 
operated or non-Federally operated collection system, except in the case 
of isolated Federal facilities such as post offices, military recruiting 
stations, and other offices where local community solid waste collection 
systems are utilized, which are not within the managerial control of the 
Federal agency.
    (f) The guidelines shall be implemented in those situations where 
the Federal agency is able to exercise direct managerial control over 
the collection system through operation of the system or by contracting 
for collection service. Where non-Federal collection systems are 
utilized, service contracts should require conformance with the 
guidelines requirements unless service meeting such requirements is not 
reasonably available. It is left to the head of the responsible agency 
to decide how the requirements of the guidelines will be met.
    (g) The Environmental Protection Agency will give technical 
assistance and other guidance to Federal agencies when requested to do 
so under section 3(D)1 of Executive Order 12088.
    (h) Within 1 year after the final promulgation of these guidelines, 
Federal agencies shall decide what actions shall be taken to adopt the 
requirements of these guidelines and shall, within 60 days of this 
decision, submit to the Administrator a schedule of such actions.
    (i) Federal agencies that decide not to adopt the requirements 
contained herein, for whatever reason, shall make available to the 
Administrator a report of the analysis and rationale used in making that 
decision. The Administrator shall publish notice of availability of this 
report in the Federal Register. EPA considers the following reasons to 
be valid for purposes of non-compliance: costs so high as to render 
compliance economically impracticable, and the technical inhibitions to 
compliance specifically described in the guidelines.
    (1) The following points are to be covered in the report.
    (i) A description of the proposed or on-going practices which will 
not be in compliance with these guidelines. This statement should 
identify all agency facilities which will be affected by noncompliance 
including a brief description of how such facilities will be affected.
    (ii) A description of the alternative actions considered with 
emphasis on those alternatives which, if taken, would be in compliance 
with these guidelines.
    (iii) The rationale for the action chosen by the agency including 
technical data and policy considerations used in arriving at this 
decision.

In covering these points, agencies should make every effort to present 
the information succinctly in a form easily understood, but in 
sufficient detail so that the Administrator and the public may 
understand the factors influencing the decision not to adopt the 
requirements of these guidelines.
    (2) The report shall be submitted to the Administrator as soon as 
possible after a final agency decision has been made not to adopt the 
requirements of these guidelines, but in no case later than 60 days 
after the final decision. The Administrator will indicate to the agency 
his concurrence/nonconcurrence with the agency's decision, including his 
reasons.
    (3) Implementation of actions not in compliance with these 
guidelines shall be deferred, where feasible, in order to give the 
Administrator time to receive, analyze, and seek clarification of the 
required report.
    (4) It is recommended that where the report on non-compliance 
concerns an action for which an Environmental Impact Statement (EIS) is 
required by the National Environmental Policy Act, that the report be 
circulated simultaneously with the EIS, since much of the information to 
satisfy the requirements of the report will be useful in the preparation 
of the EIS.

[41 FR 6769, Feb. 13, 1976, as amended at 64 FR 70606, Dec. 17, 1999]