[Federal Register Volume 75, Number 243 (Monday, December 20, 2010)]
[Proposed Rules]
[Pages 79328-79329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31744]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 262
[EPA-HQ-RCRA-2003-0012; FRL-9240-6]
Technical Corrections to the Standards Applicable to Generators
of Hazardous Waste; Alternative Requirements for Hazardous Waste
Determination and Accumulation of Unwanted Material at Laboratories
Owned by Colleges and Universities and Other Eligible Academic Entities
Formally Affiliated With Colleges and Universities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing six technical corrections to an alternative
set of hazardous waste generator requirements known as the ``Academic
Laboratories rule'' or ``Subpart K'' which is applicable to
laboratories owned by eligible academic entities. These changes correct
errors published in the Academic Laboratories Final rule, including
omissions and redundancies, as well as remove an obsolete reference to
the Performance Track program which has been terminated. These
technical corrections will improve the clarity of the Academic
Laboratories rule.
DATES: Written comments must be received by January 19, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2003-0012 by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Fax: 202-566-9794.
Mail: RCRA Docket, Environmental Protection Agency,
Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
Hand Delivery: EPA West Building, Room 3334, 1301
Constitution Ave., NW., Washington, DC 20460. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-2003-
0012. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/dockets.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the RCRA Docket, EPA/
DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC.
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is (202) 566-1744, and the telephone number for the
RCRA Docket is (202) 566-0270.
FOR FURTHER INFORMATION CONTACT: Kristin Fitzgerald, Office of Resource
Conservation and Recovery, (5304P), Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460; (703) 308-8286;
[email protected].
SUPPLEMENTARY INFORMATION:
I. Why is EPA issuing this proposed rule?
EPA is proposing six technical corrections that clarify the
Academic Laboratories rule. In the ``Rules and Regulations'' section of
today's Federal Register, EPA is making these technical corrections as
a Direct Final rule without a prior Proposed rule because we view this
as a noncontroversial action and anticipate no adverse comment. We have
explained our reasons for this action in the preamble to the Direct
Final rule. If we receive no adverse comment on any of the individual
changes we are promulgating today, we will not take further action on
this Proposed rule. If, however, we receive such comment, we will
publish a timely withdrawal in the Federal Register to notify the
public that those technical corrections of the Direct Final rule for
which the Agency received adverse comment will not take effect, and the
reason for such withdrawal. We do not intend to institute a second
comment period on this action. Any parties interested in commenting
must do so at this time. For further information, please see the
information provided in the ADDRESSES section of this document.
[[Page 79329]]
II. Does this action apply to me?
This rule proposes to amend subpart K of 40 CFR part 262. Entities
potentially affected by this action are any of the following which
generate hazardous waste in laboratories: (1) Colleges and
universities; (2) non-profit research institutes that are either owned
by or have a formal written affiliation agreement with a college or
university; and (3) teaching hospitals that are either owned by or have
a formal written affiliation agreement with a college or university.
NAICS Codes of Entities Potentially Affected by This Proposed Rule
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NAICS codes Description of NAICS code
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Colleges and Universities:
6112, 61121, 611210................ Junior Colleges.
6113, 61131, 611310................ Colleges, Universities, and
Professional Schools.
6115, 61151........................ Technical and Trade Schools.
611519............................. Other Technical and Trade
Schools.
61161, 611610...................... Fine Arts Schools.
Teaching Hospitals:
54194, 541940...................... Veterinary Services (Animal
Hospitals).
622................................ Hospitals.
6221, 62211, 622110................ General Medical and Surgical
Hospitals.
6222, 62221, 622210................ Psychiatric and Substance Abuse
Hospitals.
6223, 62231, 622310................ Specialty (except Psychiatric
and Substance Abuse)
Hospitals.
Non-profit Research Institutes:
5417, 54171, 541710................ Research and Development in the
Physical, Engineering, and
Life Sciences.
54172, 541720...................... Research and Development in the
Social Sciences and
Humanities.
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III. Statutory and Executive Order Reviews
For a complete discussion of all the administrative requirements
applicable to this action, see the Direct Final rule in the ``Rules and
Regulations'' section of this Federal Register.
A. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to the
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of today's proposed rule on
small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administrations' regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impact of today's Proposed Rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This action
does not create any new regulatory requirements, but rather makes
technical corrections to subpart K of the hazardous waste generator
regulations. Although this Proposed rule will not have a significant
economic impact on a substantial number of small entities, EPA
nonetheless has tried to reduce the impact of this Proposed rule on
small entities.
List of Subjects in 40 CFR Part 262
Environmental protection, Exports, Hazardous materials
transportation, Hazardous waste, Imports, Labeling, Packaging and
containers, Reporting and recordkeeping requirements.
Dated: December 13, 2010.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 2010-31744 Filed 12-17-10; 8:45 am]
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