[Federal Register Volume 75, Number 52 (Thursday, March 18, 2010)]
[Proposed Rules]
[Pages 13066-13068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5697]
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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-9127-8]
RIN 2050-AG52
Hazardous Waste Technical Corrections and Clarifications Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
proposing a number of technical changes that would correct or clarify
several parts of the hazardous waste regulations that relate to
hazardous waste identification, manifesting, the hazardous waste
generator requirements, the standards for owners and operators of
hazardous waste treatment, storage and disposal facilities, the
standards for the management of specific types of hazardous waste and
specific types of hazardous waste management facilities, the land
disposal restrictions program and the hazardous waste permit program.
DATES: Written comments must be received by May 3, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2008-0678, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected] and [email protected].
Attention Docket ID No. EPA-HQ-RCRA-2008-0678.
Fax: 202-566-9744. Attention Docket ID No. EPA-HQ-RCRA-
2008-0678.
Mail: RCRA Docket (2822T), U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Attention
Docket ID No. EPA-HQ-RCRA-2008-0678. Please include a total of 2
copies.
Hand Delivery: EPA West Building, Room 3334, 1301
Constitution Ave., NW., Washington, DC. 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-RCRA-
2008-0678. 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
[[Page 13067]]
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/epahome/dockets.htm.
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 HQ-Docket Center,
Docket ID No. EPA-HQ-RCRA-2008-0678, 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. A reasonable fee may be charged for copying docket materials.
FOR FURTHER INFORMATION CONTACT: For more information on this
rulemaking, 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: [email protected].
SUPPLEMENTARY INFORMATION:
I. Why Is EPA Issuing This Proposed Rule?
This document proposes a number of technical changes that would
correct or clarify several parts of the hazardous waste regulations
that relate to hazardous waste identification, manifesting, the
hazardous waste generator requirements, the standards for owners and
operators of hazardous waste treatment, storage and disposal
facilities, the standards for the management of specific types of
hazardous waste and specific types of hazardous waste management
facilities, the land disposal restrictions program, and the hazardous
waste permit program. In the ``Rules and Regulations'' section of this
Federal Register, EPA is making these technical changes 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
technical 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 paragraphs or amendments of the Direct Final rule for
which the Agency received adverse comment will not take effect, and the
reason for such withdrawals. 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.
II. Does This Action Apply to Me?
Entities potentially affected by this action include facilities
subject to the RCRA hazardous waste regulations and States implementing
the RCRA hazardous waste regulations.
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. The 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 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 corrects
typographical errors and incorrect citations, and makes conforming
changes (where they have not been made previously) to all applicable
parts of the hazardous waste 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 rule on small entities.
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.
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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: March 10, 2010.
Lisa P. Jackson,
Administrator.
[FR Doc. 2010-5697 Filed 3-17-10; 8:45 am]
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