[Federal Register: June 4, 2010 (Volume 75, Number 107)]
[Rules and Regulations]
[Page 31716-31717]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04jn10-16]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 260, 261, 262, 263, 264, 265, 266, 268, and 270
[EPA-RCRA-2008-0678; FRL-9158-5]
RIN 2050-AG52
Hazardous Waste Technical Corrections and Clarifications Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Partial withdrawal of direct final rule.
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SUMMARY: On March 18, 2010, EPA published in the Federal Register a
Direct Final rule entitled, Hazardous Waste Technical Corrections and
Clarifications Rule (75 FR 12989). This Direct Final rule included a
number of specific technical changes to correct or clarify several
parts of the Resource Conservation and Recovery Act (RCRA) hazardous
waste regulations. At the same time, EPA also published a parallel
Proposed Rule (75 FR 13006) for the same changes. EPA received adverse
comment on four of the specific amendments and thus is withdrawing
them. The four amendments being withdrawn are: 40 CFR 262.34(a); 40 CFR
262.34(a)(2); 40 CFR 262.34(a)(5), and 40 CFR 266.20(b). As a result of
withdrawing the amendment at 40 CFR 262.34(a)(5), we also are
withdrawing the related amendment at 40 CFR 262.34(a)(1)(iv)(B).
Finally, because of a typographical error, we also are withdrawing the
amendment to the entry ``K107'' in the table at 40 CFR 261.32(a).
DATES: On June 16, 2010, all amendments go into effect that were
published in the Federal Register at 75 FR 12989 on March 18, 2010,
except the following: The amendment to the entry ``K107'' in the table
at 40 CFR 261.32(a); the amendment to 40 CFR 262.34(a); the amendment
to 40 CFR 262.34(a)(1)(iv)(B); the amendment to 40 CFR 262.34(a)(2);
the amendment to 40 CFR 262.34(a)(5), and the amendment at 40 CFR
266.20(b) which are withdrawn effective June 4, 2010.
FOR FURTHER INFORMATION CONTACT: Jim O'Leary, U.S. Environmental
Protection Agency, Office of Resource Conservation and Recovery
(MC:5304P), 1200 Pennsylvania Avenue, NW., Washington, DC 20460, Phone:
(703) 308-8827; or e-mail: oleary.jim@epa.gov.
SUPPLEMENTARY INFORMATION: On March 18, 2010, EPA published in the
Federal Register a Direct Final rule entitled, Hazardous Waste
Technical Corrections and Clarifications Rule (75 FR 12989). This
Direct Final rule included a number of specific technical changes to
correct or clarify several parts of the Resource Conservation and
Recovery Act (RCRA) hazardous waste regulations. At the same time, EPA
also published a parallel Proposed Rule (75 FR 13006) for the same
changes.
We stated in that Direct Final rule that if we received adverse
comment on any amendments by May 3, 2010, the affected amendments in
the Direct Final rule would not take effect and we would publish a
timely withdrawal in the Federal Register of those specific amendments.
We subsequently received adverse comment on four specific amendments:
40 CFR 262.34(a) related to the hazardous waste
accumulation time for large quantity generators;
40 CFR 262.34(a)(2) related to the date upon which each
period of accumulation begins must be clearly marked and visible for
inspection on each container and tank;
40 CFR 262.34(a)(5) related to the closure requirements
for tanks, containers, drip pads and containment buildings
40 CFR 266.20(b) related to recyclable materials used in a
manner constituting disposal.
Because EPA received adverse comment on these four amendments, we are
withdrawing them.
As a result of withdrawing 40 CFR 262.34(a)(5), the related
amendment at 40 CFR 262.34(a)(1)(iv)(B) must also be withdrawn because
the Agency had deleted the latter part of this particular regulatory
citation in the Direct Final rule in an effort to clarify the closure
requirements for tanks, containers, drip pads and containment
buildings. Also, there was a typographical error related to the entry
for EPA hazardous waste No. K107 in the table at 40 CFR 261.32(a). We
therefore are withdrawing this amendment as well. Thus, we are
withdrawing six of the original amendments from the March 18, 2010
Direct Final rule.
EPA published a parallel Proposed Rule on the same day as the
Direct Final rule (75 FR 13006). The Proposed Rule invited comment on
the substance of the Direct Final rule. We intend to review the adverse
comments we received with respect to the amendments at 40 CFR
262.34(a), 40 CFR 262.34(a)(1)(iv)(B), 40 CFR 262.34(a)(2), 40 CFR
262.34(a)(5), and 40 CFR 266.20(b) to determine the appropriate course
of action for each amendment. With respect to the typographical error
in the amendment to the entry for EPA hazardous waste No. K107 in the
table at 40 CFR 261.32(a), we intend to publish a final rulemaking that
will correct this mistake. As stated in the parallel proposal, we will
not institute a second comment period on these proposed actions.
The amendments for which we did not receive adverse comment will
become effective on June 16, 2010, as provided in the March 18, 2010,
Direct Final rule.
Effective Dates
Because there may be some confusion about the effective dates for
the amendments in the Final Hazardous Waste Technical Corrections and
Clarifications Rule (75 FR 12989) which are not being withdrawn and
which go into effect on June 16, 2010, EPA is here providing further
explanation for the three types of amendments in the Final Rule. The
three types of amendments result from the fact that the amendments are
promulgated in part under the authority of the Hazardous and Solid
Waste Amendments of 1984 (HSWA), and in part under non-HSWA RCRA
authority. In addition, some amendments are jointly promulgated under
the authority of the Hazardous Materials Transportation Act (HMTA).
First, the following amendments to the manifest regulations are
promulgated under non-HSWA RCRA authority and the authority of the
Hazardous Materials Transportation Act:
40 CFR 262.23,
40 CFR 262.41, and
40 CFR 262.42, and
40 CFR 262.60(b).
These non-HSWA manifest amendments will be implemented under RCRA
authority on the effective date only in those states that do not have
final authorization of their base RCRA programs. These changes will not
therefore be implemented and enforced under RCRA authority in
authorized states until the authorized states have revised their
programs and received authorization for these program revisions.
However, because these hazardous waste manifest requirements
[[Page 31717]]
are jointly promulgated by EPA under RCRA authority and the Department
of Transportation (DOT) under the federal hazardous materials
transportation laws, the manifest changes will be applicable federally
in all states under the authority of the Hazardous Materials
Transportation Act (HMTA) on the effective date. All states will be
required to adopt these amendments in accordance with the consistency
requirements in 40 CFR 271.4(c). (See 70 FR 10810-10811, March 4, 2005
for a further discussion of the effects of DOT hazardous materials law,
RCRA consistency requirements, and state authorization on the
implementation of the manifest.)
Second, the following amendments are promulgated under the
authority of HSWA and, because they are not more stringent, they will
be effective on June 16, 2010, in states that are not currently
authorized for the section being amended:
All amendments to regulations in 40 CFR Part 268,
40 CFR 264.552, and
40 CFR 266.101.
Third, all other amendments in the Hazardous Waste Technical
Corrections and Clarifications Rule which are not withdrawn and go into
effect on June 16, 2010, are promulgated under non-HSWA RCRA authority.
These non-HSWA amendments will be applicable on the effective date only
in those states that do not have final authorization of their base RCRA
programs.
Authorized states are required to modify their programs only when
EPA promulgates federal regulations that are more stringent or broader
in scope than the authorized state regulations. For those changes that
are less stringent or reduce the scope of the federal program, states
are not required to modify their program. This is a result of section
3009 of RCRA, which allows states to impose more stringent regulations
than the federal program. The Hazardous Waste Technical Corrections and
Clarifications Rule is considered to be neither more nor less stringent
than the current standards. Therefore, authorized states, while not
required to modify their programs to adopt the second and third types
of technical corrections discussed above are strongly urged to adopt
these technical corrections to avoid any confusion or misunderstanding
by the regulated community and the public.
List of Subjects
40 CFR Part 260
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Reporting and
recordkeeping requirements.
40 CFR Part 261
Environmental protection, Hazardous waste, Recycling, Reporting and
recordkeeping requirements.
40 CFR Part 262
Environmental protection, Exports, Hazardous materials
transportation, Hazardous waste, Imports, Labeling, Packaging and
containers, Reporting and recordkeeping requirements.
40 CFR Part 263
Environmental protection, Hazardous materials transportation,
Hazardous waste, Reporting and recordkeeping requirements.
40 CFR Part 264
Environmental protection, Air pollution control, Hazardous waste,
Insurance, Packaging and containers, Reporting and recordkeeping
requirements, Security measures, Surety bonds.
40 CFR Part 265
Environmental protection, Air pollution control, Hazardous waste,
Insurance, Packaging and containers, Reporting and recordkeeping
requirements, Security measures, Surety bonds, Water supply.
40 CFR Part 266
Environmental protection, Energy, Hazardous waste, Recycling,
Reporting and recordkeeping requirements.
40 CFR Part 268
Environmental protection, Hazardous waste, Reporting and
recordkeeping requirements.
40 CFR Part 270
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Reporting and recordkeeping requirements, Water
pollution control, Water supply.
Dated: May 27, 2010.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
Accordingly, EPA withdraws the amendment to the entry ``K107'' in
the table 40 CFR 261.32(a), the amendment at 40 CFR 262.34(a), the
amendment at 40 CFR 262.34(a)(1)(iv)(B), the amendment at 40 CFR
262.34(a)(2), the amendment at 40 CFR 262.34(a)(5), and the amendment
at 40 CFR 266.20(b) published in the Federal Register on March 18, 2010
(75 FR 12989).
[FR Doc. 2010-13376 Filed 6-3-10; 8:45 am]
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