[Federal Register Volume 75, Number 52 (Thursday, March 18, 2010)]
[Rules and Regulations]
[Pages 12989-13009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5700]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 260, 261, 262, 263, 264, 265, 266, 268 and 270
[EPA-RCRA-2008-0678; FRL-9127-9]
RIN 2050-AG52
Hazardous Waste Technical Corrections and Clarifications Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
taking Direct Final action on a number of technical changes that
correct or clarify several parts of the Resource Conservation and
Recovery Act (RCRA) hazardous waste regulations that relate to
hazardous waste identification, manifesting, the hazardous waste
generator requirements, standards for owners and operators of hazardous
waste treatment, storage and disposal facilities, 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. These changes correct
existing errors in the hazardous waste regulations that have occurred
over time in numerous final rules published in the Federal Register,
such as typographical errors, incorrect or outdated citations, and
omissions. Some of the corrections are necessary to make conforming
changes to all appropriate parts of the RCRA hazardous waste
regulations for new rules that have since been promulgated. In
addition, these changes clarify existing parts of the hazardous waste
regulatory program and update references to Department of
Transportation (DOT) regulations that have changed since the
publication of various RCRA hazardous waste final rules.
DATES: This Direct Final Rule is effective on June 16, 2010 without
further notice unless EPA receives adverse comments by May 3, 2010. If
adverse comment is received, EPA will publish a timely withdrawal of
the Direct Final rule in the Federal Register informing the public that
the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. 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://
[[Page 12990]]
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/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 Using a Direct Final Rule?
EPA is publishing this rule without prior proposal because we view
this as a non-controversial action and anticipate no adverse comment.
However, in the ``Proposed Rules'' section of today's Federal Register
publication, we are publishing a separate document that will serve as
the proposed rule to adopt the provisions in this Direct Final rule if
adverse comments are filed. We will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time. For further information about commenting on this rule,
see the ADDRESSES section of this document.
If we receive adverse comment on any individual correction, we will
publish a timely withdrawal in the Federal Register to notify the
public about a specific paragraph or amendment in the Direct Final rule
that will not take effect.
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. What Should I Consider as I Prepare My Comments for EPA?
1. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you disagree, suggest alternatives, and
substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible.
Make sure to submit your comments by the comment period
deadline identified.
IV. Acronyms
------------------------------------------------------------------------
Acronym Definition
------------------------------------------------------------------------
CFR............................... United States Code of Federal
Regulations.
EPA............................... United States Environmental
Protection Agency.
HSWA.............................. Hazardous and Solid Waste
Amendments.
OMB............................... Office of Management and Budget.
RCRA.............................. Resource Conservation and Recovery
Act.
U.S.C............................. United States Code.
------------------------------------------------------------------------
V. Preamble
A. What Is the Legal Authority for This Direct Final Rule?
This rule is authorized under Sections 1004, 3001, 3002, 3003, 3004
and 3005 of the Resource Conservation and Recovery Act of 1976, as
amended, 42 U.S.C. 6903, 6921-6925.
B. Why Are We Amending Various Sections of Parts 260-266, 268 and 270?
In the process of publishing numerous final rules in the Federal
Register, typographical errors, incorrect or outdated citations, and
omissions have occurred. Similarly, the Agency has sometimes failed to
make conforming changes to all appropriate parts of the RCRA hazardous
waste regulations when new rules were promulgated. These inadvertent
errors and oversights have sometimes resulted in confusion and
inefficiency on the part of the regulated community and Federal and
State regulators implementing the hazardous waste regulatory program.
This rule addresses these problems by correcting the RCRA hazardous
waste management regulations--specifically the general requirements
under 40 CFR part 260, the hazardous waste identification requirements
under 40 CFR part 261, the manifesting and hazardous waste generator
requirements under 40 CFR part 262, the hazardous waste transporter
requirements under 40 CFR part 263, the related manifesting and
emergency preparedness requirements under 40 CFR parts 264 and 265, the
requirements for recycling of hazardous wastes in a manner constituting
disposal under 40 CFR part 266, the land disposal restrictions
requirements under 40 part 268, and the hazardous waste permit program
requirements under 40 CFR part 270. Several re-designation and format
corrections are also included for several
[[Page 12991]]
paragraphs in the permitting and interim status requirements under 40
CFR parts 264 and 265.
However, unlike most of the technical corrections and
clarifications in today's rule, the changes associated with the
hazardous waste manifest regulations are closely interrelated, and
involve changes to several sections and paragraphs in 40 CFR parts 262,
264 and 265. Therefore, in the interest of clarity, we describe all of
the changes associated with the hazardous waste manifest in Section
V.C.10.
When the 40 CFR part 267 standards for owners and operators of
hazardous waste facilities operating under a standardized permit were
promulgated in September, 2005, EPA failed to make conforming changes
to certain paragraphs in 40 CFR parts 260-263 and 266. This rule
addresses that inadvertent oversight. Affected sections are identified
at the end of Section V.C.7.
Today's Direct Final rule is similar to the Final rule published on
July 14, 2006. See 71 FR 40254, Parts 260, 261 et al. Hazardous Waste
and Used Oil; Corrections to Errors in the Code of Federal Regulations;
Final rule. EPA continues to review its regulations for additional
technical corrections or errors and will address any such edits in
forthcoming rules.
Today's action makes approximately 90 changes to 40 CFR parts 260-
266, 268 and 270. References to the 40 CFR sections where technical
corrections are being made are organized by part. In addition, EPA
provides a description and explanation of the changes in the preamble
to today's Direct Final rule.
C. Description of Direct Final Amendments to Parts 260-266, 268 and 270
1. Corrections to 40 CFR Part 260 (Hazardous Waste Management System:
General)
In 40 CFR part 260, EPA is amending the following sections in order
to make a number of changes: Section 260.10 and Appendix I
a. 40 CFR 260.10: In 40 CFR part 260, EPA is amending 40 CFR 260.10
to correct the date cited in the definition of ``New hazardous waste
management facility or new facility.'' The date is changed from
``October 21, 1976'' to ``November 19, 1980.'' This date refers to the
date a facility began operation, or for which construction commenced.
A review of the May 19, 1980 preamble to the first set of RCRA
hazardous waste regulations shows that EPA was aware that the October
21, 1976 date specified in the statute was an unrealistic date to
establish, and anticipated statutory amendments to correct this
problem. Specifically, in May 1980, EPA wrote:
``Definition of Existing Facility''
Several commenters pointed out what they perceived as a serious
fault in Section 3005(e) of RCRA, which is that the Section limits
interim status to owners and operators of facilities ``in
existence'' on or before October 21, 1976. The statute requires
that, in order to operate legally, facilities which have come into
existence after October 21, 1976, must obtain a permit by the
effective date of the Section 3005 regulations (i.e., within 180
days after the promulgation date of the regulations). Because it is
unlikely that permits can be issued within 180 days for all
facilities not ``in-existence'' by October 21, 1976, the commenters
felt that the language of the statute was unfair to the owners and
operators of these facilities.
``EPA agrees that the language of the statute as it now stands
would make the RCRA program unworkable. However, the language of
RCRA is clear and EPA has had no alternative but to follow it in the
regulations. As the preamble to the Part 122 regulations discusses,
EPA expects that amendments to RCRA now in conference will be passed
shortly and will cure this problem.'' (45 FR 33068, May 19, 1980)
RCRA Section 3005(e) related to Interim Status facilities was
amended to correct this problem. Section 3005(e)(1) now reads: ``Any
person who--(A) owns or operates a facility required to have a permit
under this section which facility--(i) was in existence on November 19,
1980, or (ii) is in existence on the effective date of statutory or
regulatory changes under this Act that render the facility subject to
the requirement to have a permit under this section * * * shall be
treated as having been issued such permit until such time as final
administrative disposition of such application is made, unless the
Administrator * * *.''
Therefore, EPA is amending Sec. 260.10 to make this conforming
change by revising the date ``October 21, 1976'' to read ``November 19,
1980.'' More specifically, the regulatory citation will read as
follows:
``New hazardous waste management facility or new facility''
means a facility which began operation, or for which construction
commenced after November 19, 1980.''
Note that the definition at Sec. 260.10 for ``Existing hazardous
waste management facility'' includes the correct date (i.e., November
19, 1980), which further supports this conforming change.
b. 40 CFR part 260, Appendix I: In 40 CFR part 260, EPA is deleting
the appendix entitled, Appendix I to Part 260: Overview of Subtitle C
Regulations, which includes a brief discussion of the hazardous waste
regulations, along with associated Figures 1-4. This Appendix was
initially developed when the hazardous waste regulations were first
promulgated in May 1980. Since then, the regulations have changed a
number of times and this Appendix is no longer accurate. Therefore, we
are deleting it to avoid any confusion.
2. Corrections to 40 CFR Part 261 (Identification and Listing of
Hazardous Waste)
In 40 CFR part 261, EPA is amending the following sections in order
to correct typographical errors, include correct citations, and
incorporate conforming changes: Sections 261.1, 261.2, 261.4, 261.5,
261.6, 261.7, 261.23, 261.30, 261.31, 261.32, 261.33 and Appendix VII
to part 261.
a. 40 CFR 261.1(c)(10): In 40 CFR part 261, EPA is amending this
paragraph to correct a citation error by revising ``Sec.
261.4(a)(13)'' to read ``Sec. 261.4(a)(14)'' in the parenthetical note
at the end of paragraph (c)(10). 40 CFR 261.1(c)(10) defines
``Processed scrap metal.'' As part of this definition, the
parenthetical note at the end of the paragraph states:
``(Note: shredded circuit boards being sent for recycling are
not considered processed scrap metal. They are covered under the
exclusion from the definition of solid waste for shredded circuit
boards being recycled (Sec. 261.4(a)(13)).''
However, Sec. 261.4(a)(13) relates to excluded scrap metal, not
shredded circuit boards. The correct citation for shredded circuit
boards being recycled is found at Sec. 261.4(a)(14). Thus, we are
correcting this incorrect citation.
b. 40 CFR 261.2(c), Table 1: In 40 CFR part 261, EPA is amending
Sec. 261.2(c), Table 1 by removing the phrase, ``Scrap metal other
than excluded scrap metal (see 261.1(c)(9))'' and replacing it with
``Scrap metal that is not excluded under Sec. 261.4(a)(13).'' This
change more concisely describes scrap metal that is subject to the RCRA
Subtitle C regulations, namely regulated scrap metal. This phrase also
is consistent with paragraph 40 CFR 261.6(a)(3)(ii) related to the
requirements for regulated scrap metal.
c. 40 CFR 261. 4(a)(17)(vi): In 40 CFR part 261, EPA is amending
Sec. 261.4(a)(17)(vi) to correct a citation error by revising the
citation ``paragraph (a)(7)'' to read ``paragraph (b)(7).''
The reference to ``paragraph (a)(7),'' which relates to spent
sulfuric acid, was incorrectly revised in the final rule published in
67 FR 11254 (March 13, 2002) and should have properly referred to
paragraph (b)(7). Thus, we are correcting this incorrect citation.
[[Page 12992]]
d. 40 CFR 261.5(e)(1): In 40 CFR part 261, EPA is amending this
paragraph to read, ``A total of one kilogram of acute hazardous wastes
listed in Sec. Sec. 261.31 or 261.33(e).''
This change removes a reference to acute hazardous wastes listed
under ``Sec. 261.32,'' because currently, there are no acute hazardous
wastes listed in Sec. 261.32.
e. 40 CFR 261.5(e)(2): In 40 CFR part 261, EPA is amending this
paragraph to remove the reference to acute hazardous wastes listed
under ``Sec. 261.32,'' because, as noted previously, there are no
acute hazardous wastes listed in Sec. 261.32.
EPA is also amending the parenthetical comment at the end of Sec.
261.5(e)(2) to correct the term ``generators of greater than 1,000 kg''
to read ``generators of 1,000 kg or greater'' and to eliminate the
redundant term ``non-acutely.''
Specifically, Sec. 261.5(e) addresses those amounts of acute
hazardous waste that are subject to full regulation under 40 CFR parts
262-268, 270, and 124, and the notification requirements of Section
3010 of RCRA. At the end of Sec. 261.5(e)(2) is a comment which reads:
[Comment: ``Full regulation'' means those regulations applicable to
generators of greater than 1,000 kg of non-acutely hazardous waste in a
calendar month.]
This comment describes full regulation as regulations applicable to
generators of greater than 1,000 kg of non-acutely hazardous waste in a
calendar month (a large quantity generator), but 40 CFR 262.34(d) lists
conditions for facilities who generate greater than 100 kg but less
than 1,000 kg of hazardous waste in a calendar month (e.g., a small
quantity generator). Therefore, facilities that generate exactly 1,000
kg are not included in either range. At 40 CFR 262.34(g) and (h), we
state that generators who generate 1,000 kilograms of hazardous waste
per month and generators that generate greater than 1,000 kilograms of
hazardous waste per calendar month (as this quantity relates to
generators of wastewater treatment sludges from electroplating
operations (EPA Hazardous Waste No. F006)) are subject to the same
regulatory standards. Likewise, at 40 CFR 262.34(j), we state that
generators who generate 1,000 kilograms of hazardous waste per calendar
month and generators that generate greater than 1,000 kilograms of
hazardous waste per calendar month (as this quantity relates to members
of the Performance Track program) are subject to the same regulatory
standards.\1\ Therefore, our intent always has been to regulate
facilities generating exactly 1,000 kilograms of hazardous waste in a
calendar month the same as those generators who generate greater than
1,000 kilograms of hazardous waste in a calendar month (i.e., large
quantity generators) rather than the requirements for facilities
generating greater than 100 kilograms in a calendar month, but less
than 1,000 kilograms of hazardous waste in a calendar month, (i.e.,
small quantity generators). Clarifying the parenthetical comment at the
end of Sec. 261.5(e)(2) resolves the inconsistency that exists between
this comment and Sec. Sec. 262.34(d), 262.34(g), 262.34(h) and
262.34(j).
---------------------------------------------------------------------------
\1\ EPA terminated the Performance Track Program on May 14, 2009
(74 FR 22741) and thus the program's incentives, including the
hazardous waste incentives, are no longer available. EPA plans to
take steps to rescind the final rules that enabled these incentives.
---------------------------------------------------------------------------
Also, since this comment refers to non-acute hazardous wastes, use
of the term ``non-acutely'' is redundant and unnecessary.
f. 40 CFR 261.5(f): In 40 CFR part 261, EPA is amending this
paragraph to read, ``In order for acute hazardous wastes generated by a
generator of acute hazardous wastes in quantities equal to or less than
those set forth in paragraphs (e)(1) or (e)(2) of this section to be
excluded from full regulation under this section, the generator must
comply with the following requirements:''
This change clarifies that the relevant paragraphs of section 261.5
(e) are both (e)(1) and (e)(2). The current regulation references
paragraph (e)(1) or (2).
g. 40 CFR 261.5(g): In 40 CFR part 261, EPA is amending this
paragraph to read, ``In order for hazardous waste generated by a
conditionally exempt small quantity generator in quantities of 100
kilograms or less of hazardous waste during a calendar month to be
excluded from full regulation under this section, the generator must
comply with the following requirements:''
This paragraph currently refers to ``in quantities of less than 100
kilograms of hazardous waste'' which is inconsistent with 40 CFR 261.5
(a) which describes a conditionally exempt small quantity generator as
one who generates no more than 100 kilograms of hazardous waste in a
calendar month (i.e., 100 kilograms or less). Thus, this change makes
40 CFR 261.5(g) consistent with 40 CFR 261.5(a).
h. 40 CFR 261.5(g)(2): In 40 CFR part 261, EPA is amending this
paragraph to read, ``The conditionally exempt small quantity generator
may accumulate hazardous waste on-site. If he accumulates at any time
more than a total of 1,000 kilograms of his hazardous wastes, all of
those accumulated wastes are subject to regulation under the special
provisions of part 262 applicable to generators of greater than 100 kg
and less than 1000 kg of hazardous waste in a calendar month as well as
the requirements of parts 263 through 268, and parts 270 and 124 of
this chapter, and the applicable notification requirements of section
3010 of RCRA. The time period of Sec. 262.34(d) for accumulation of
wastes on-site begins for a conditionally exempt small quantity
generator when the accumulated wastes exceed 1000 kilograms;''
This change clarifies the amount of hazardous wastes a generator
can generate in a calendar month and still be classified as a small
quantity generator; e.g., greater than 100 kilograms but less than
1,000 kilograms of hazardous waste in a calendar month. Similarly, this
change is consistent with paragraphs Sec. 262.34(d)-(f).\2\
---------------------------------------------------------------------------
\2\ The Agency is also adding part 267 to this CFR section,
i.e., Sec. 261.5(g). See discussion later in the preamble for the
basis of this change.
---------------------------------------------------------------------------
i. 40 CFR 261.6(a)(2): In 40 CFR part 261, EPA is making a
conforming change to add ``268'' to Sec. 261.6(a)(2) so that it reads
``* * * and all applicable provisions in parts 268, 270, and 124 of
this chapter.'' This change is necessary to be clear that the
requirements of part 268 are applicable to the subject of this
provision (recycled wastes regulated under part 266). An examination of
Sec. 261.6(a)(3) clearly shows that the Agency was aware that Part 268
is applicable to recycled wastes. Thus, the failure to cite part 268 in
paragraph (a)(2) was an oversight. A December 20, 1989 memo from EPA
Headquarters to EPA Region 1 (RCRA Online 11482), a copy of which is
included in today's docket, explained this oversight and the need to
correct this error in a future rulemaking.
j. 40 CFR 261.6(a)(2)(ii): In 40 CFR part 261, EPA is amending
Sec. 261.6(a)(2)(ii) to read ``Hazardous waste burned (as defined in
section 266.100(a)) in boilers and industrial furnaces that are not
regulated under subpart O of part 264 or 265 of this chapter (40 CFR
part 266, subpart H).''
Specifically, Sec. 261.6(a)(2) indicates which subparts of part
266 govern the management of certain recycled materials. Paragraph
Sec. 261.6(a)(2)(ii) currently indicates that hazardous waste burned
for energy recovery in boilers and industrial furnaces is covered under
Subpart H of part 266. Prior to 1991, hazardous waste burned for energy
recovery was subject to Subpart D of part 266, and Sec.
261.6(a)(2)(ii) specifically referred to Subpart D. In
[[Page 12993]]
1991, the boiler and industrial furnace rule expanded the scope of the
part 266 boiler and industrial furnace regulations to address burning
for both energy recovery and materials recovery, and the Subpart D
regulations were replaced with regulations under Subpart H of part 266.
The 1991 rule amended the reference in Sec. 261.6(a)(2)(ii) from
subpart D to subpart H of part 266, but inadvertently omitted the
parallel conforming change to the text of (a)(2)(ii) to reflect the
expanded scope of the regulations, which now cover both burning for
energy recovery and burning for material recovery. This amendment makes
that conforming change.
k. 40 CFR 261.7(a)(1), (a)(2), (b)(1) and (b)(3): In 40 CFR part
261, EPA is making conforming changes to Sec. Sec. 261.7(a)(1) and
(a)(2) to add ``part 266.''
Specifically, an examination of the Federal Register from 1980 to
the present reveals that Sec. Sec. 261.7(a)(1) and (a)(2) have been
amended several times to include additional parts to the list of
applicable regulations as the RCRA regulatory program evolved. As
examples, paragraphs (a)(1) and (a)(2) of Sec. 261.7 were amended in
1983 (48 FR 14294) to remove part 122 and substitute part 270; were
amended in 1986 to include part 268 (the Land Disposal Restrictions
program) (51 FR 40637); and were amended again in 2005 to incorporate
part 267 (the Standardized Permit program) (70 FR 53453). However,
references to part 266, which addresses Standards for the Management of
Specific Hazardous Wastes and Specific Types of Hazardous Waste
Management Facilities, were not added when part 266 was promulgated.
Because part 266 is one of the parts applicable to the wastes discussed
in Sec. 261.7, it should have been added to the lists of applicable
parts. The Agency is now correcting this oversight.
In this section, EPA is also amending paragraphs (b)(1) and (b)(3)
to remove the reference to acute hazardous wastes listed in ``Sec.
261.32,'' because currently, there are no acute hazardous wastes listed
in Sec. 261.32.
l. 40 CFR 261.23(a)(8): In 40 CFR part 261, EPA is amending this
paragraph to read, ``It is a forbidden explosive as defined in 49 CFR
173.54, or is a Division 1.1, 1.2 or 1.3 explosive as defined in 49 CFR
173.50 and 173.53.''
Specifically, 40 CFR 261.23(a)(8) cross-references Department of
Transportation (DOT) regulations addressing forbidden explosives, Class
A explosives, and Class B explosives. However, these cross-references
are out of date with the current DOT regulations, and the referenced
sections either no longer exist or no longer address these explosives.
This change modifies the rule to provide the correct citations.
m. 40 CFR 261.30(d). In 40 CFR part 261, EPA is amending this
paragraph to read, ``The following hazardous wastes listed in Sec.
261.31 are subject to the exclusion limits for acutely hazardous wastes
established in Sec. 261.5: EPA Hazardous Wastes Nos. F020, F021, F022,
F023, F026 and F027.''
The existing paragraph indicates that acutely hazardous wastes are
listed in Sec. 261.31 and Sec. 261.32. However, because there are no
acute hazardous wastes currently listed in Sec. 261.32, we are
removing the reference to Sec. 261.32.
n. 40 CFR 261.31: In 40 CFR part 261, EPA is amending the listing
for EPA Hazardous Waste No. F037 by correcting the phrase ``* * * oil
cooling wastewaters'' to read ``* * * oily cooling wastewaters.'' It is
clear from the 1990 and 1998 Federal Register notices promulgating and
subsequently revising this listing that the correct phrase is ``oily
cooling wastewaters'' (55 FR 46396 and 63 FR 42185, respectively). This
phrase is also consistent with the listing description of F037 and F038
in the table in 40 CFR 268.40 and Table 302.4--List of Hazardous
Substances and Reportable Quantities.
o. 40 CFR 261.32: In 40 CFR part 261, EPA is amending the listing
for K107, by correcting the misspelled chemical name ``* * * carboxylic
acid hydrazines'' to read ``* * * carboxylic acid hydrazides.'' That
this is a misspelling is clear from the original listing background
document supporting the K107 listing which discusses ``carboxylic acid
hydrazides.'' The proposed rule (December 20, 1984; 49 FR 49559)
included this error in the listings for K107, K108, K109, and K110. The
error was corrected in the final rule (May 2, 1990; 55 FR 18505) for
all the listings except K107.
p. 40 CFR 261.32: In 40 CFR part 261, EPA is amending the table in
this section to remove the section headings that have no waste codes
included: ``Primary Copper: '', ``Primary Lead:'', ``Primary Zinc: '';
and ``Ferroalloys:''.
Specifically, the entries for Hazardous Waste Nos. K064 (Primary
Copper), K065 (Primary Lead), K066 (Primary Zinc) and K090 and K091
(Ferroalloys) were removed from the table in 1999 (64 FR 56470, October
20, 1999; see also 63 FR 28599-29600, May 26, 1998). Although these
were the only waste codes listed in the sections having the same title,
the section headings were inadvertently not removed with the waste
codes. Thus, they are being deleted in today's Direct Final rule.
q. 40 CFR 261.33(f): In 40 CFR part 261, EPA is amending this
section to revise the listing for U239, ``Benzene, dimethyl- (I,T)'' to
read ``Benzene, dimethyl- (I).'' Inclusion of the ``T'' (for toxicity)
in the parentheses was an oversight because this chemical was listed
only for ignitability (``I'') and not for toxicity (``T''). This error
was first identified in 1990, but the Agency failed to correct this
error in previous technical correction rules (see memo from Scarberry
to Kreider (April 5, 1990, RO115020), a copy of which is included in
today's docket). This correction is also consistent with the same
listing under the more common name for U239, ``xylene,'' which has only
an ``I'' in the parentheses.
r. Part 261, APPENDIX VII: In 40 CFR part 261, EPA is amending this
section to remove the entries ``K064,'' ``K065,'' ``K066,'' ``K090,''
and ``K091.'' In the final rule published in 64 FR 56470 (October 20,
1999), see also 63 FR 28599-29600, May 26, 1998, EPA removed these K-
listed wastes from Sec. 261.32, but failed to make the necessary
conforming changes in Appendix VII of part 261. This amendment makes
that conforming change.
3. Corrections to 40 CFR Part 262 (Standards Applicable to Generators
of Hazardous Waste)
In 40 CFR part 262, EPA is amending the following sections in order
to clarify regulatory citations and address incorrect citations:
Sections 262.10, 262.11, 262.23,\3\ 262.34, 262.41, 262.42 and
262.60.\4\
---------------------------------------------------------------------------
\3\ Discussed under section V.C.10.
\4\ Note: The changes at 40 CFR 262.10, 262.11 and 262.41 refer
to the conforming change to include part 267.
---------------------------------------------------------------------------
a. 40 CFR 262.34(a): In 40 CFR part 262, EPA is amending this
paragraph by revising 40 CFR 262.34(a) to read, ``A generator who
generates 1,000 kilograms or greater of hazardous waste in a calendar
month, or greater than 1 kg of acute hazardous waste listed in
Sec. Sec. 261.31 or 261.33(e) in a calendar month, may accumulate
hazardous waste on-site for 90 days or less without a permit or without
having interim status, provided that:''
Specifically, the current language in 40 CFR 262.34(a) fails to
clarify that this paragraph applies to large quantity generators only--
that is, generators who generate 1,000 kilograms or greater of
hazardous waste in a calendar month, or greater than 1 kg of acute
hazardous waste listed in Sec. Sec. 261.31 or 261.33(e) in a calendar
month. Small quantity generators can accumulate hazardous waste on site
for 180 days (or 270 days
[[Page 12994]]
if he must transport his waste or offer his waste for transportation
over a distance of 200 miles or more) or less without a permit or
without having interim status.
b. 40 CFR 262.34(a)(1)(iv)--as related to Closure: EPA is amending
CFR 262.34(a) by moving a sentence from one portion of the regulation
to another, more appropriate, portion of the regulation where it will
be easier to find.
Specifically, EPA is moving the language that currently appears
after 40 CFR 262.34(a)(1)(iv)(B) which states that generators
accumulating hazardous waste on-site for 90 days or less without a
permit or interim status are exempt from all the requirements in
subparts G and H of 40 CFR part 265, except for 40 CFR 265.111 and
265.114.
This amendment is necessary because this sentence stating the
requirements for large quantity generators closing their waste
accumulation units is incorrectly and awkwardly found after 40 CFR
262.34 (a)(1)(iv)(B), when it should be elsewhere in the regulation.
That is, this section of the regulations has no relationship to the
closure requirements, but instead addresses the documentation needed by
a large quantity generator accumulating hazardous waste in containment
buildings to demonstrate that the unit has been emptied at least once
every 90 days. Thus, requirements for large quantity generators closing
their 90-day waste accumulation units should properly be located in
another portion of this regulation. EPA has expressed this same intent
in a Hotline document in the December 1998 Hotline Monthly Report
entitled, Generator Closure Requirements, a copy of which is included
in today's docket. (Also see RCRA Online 14321.\5\)
---------------------------------------------------------------------------
\5\ RCRA Online is an electronic database of selected letters,
memoranda, questions and answers, publications, and other outreach
materials, written by EPA's Office of Solid Waste (now the Office of
Resource Conservation and Recovery) since 1980.
---------------------------------------------------------------------------
EPA is moving this sentence to a new section 40 CFR 262.34(a)(5).
This new location for this long-standing closure requirement for large
quantity generators will make it less likely that users of the
regulations will miss the provision and thus be unaware of its
existence. Putting this sentence in a new subparagraph (5) of paragraph
(a) following existing subparagraphs (1) through (4) also makes it much
clearer that the closure provision is one of the five existing
requirements applicable to large quantity generators accumulating waste
on-site.
c. 40 CFR 262.34(a)(2)--as related to Marking: In 40 CFR part 262,
EPA is amending this paragraph by revising 40 CFR 262.34(a)(2) to read
``each container and tank'' instead of ``each container.''
Specifically, Sec. 262.34(a)(3) makes clear that displaying the
words ``Hazardous Waste'' is required for both containers and tanks
accumulating waste, but the words ``and tank'' were inadvertently
omitted from the text of Sec. 262.34(a)(2) which discusses displaying
the accumulation start date. In the preamble to the March 24, 1986
Federal Register (51 FR 10146 and 51 FR 10160), EPA makes clear that
under 40 CFR 262.34 both containers and tanks must be marked with
accumulation start dates. EPA also explained that both containers and
tanks must be marked with accumulation start dates in the June 2003
RCRA Call Center Monthly Report, a copy of which is included in today's
docket. This amendment corrects this omission.
d. 40 CFR 262.34(a)(4) and 40 CFR 262.34(d)(4)--as related to the
Land Disposal Restrictions (LDR): In 40 CFR part 262, EPA is amending
these paragraphs by revising 40 CFR 262.34(a)(4) and 40 CFR
262.34(d)(4) to delete ``40 CFR 268.7(a)(5)'' and substitute the words
``all applicable requirements under 40 CFR part 268.''
Both 40 CFR 262.34(a)(4) and 40 CFR 262.34 (d)(4) specifically
state that large quantity generators and small quantity generators must
comply only with 40 CFR 268.7(a)(5) of the land disposal restriction
requirements. This provision addresses waste analysis plans. However,
the limited reference to 40 CFR 268.7(a)(5) is in error. As stated
elsewhere in the hazardous waste regulations, both small and large
quantity generators are subject to the full land disposal restriction
requirements program, and not just the requirement to develop waste
analysis plans. For example, 40 CFR 262.11 points to the need for
materials subject to the hazardous waste regulations to comply with all
applicable regulations under 40 CFR part 268 (Land Disposal
Restrictions). Similarly, 40 CFR 268.1(b) is clear that the LDR
requirements ``apply to persons who generate or transport hazardous
waste and owners and operators of hazardous waste treatment, storage
and disposal facilities.'' Thus, EPA is correcting this error by
revising these paragraphs to properly conform to the requirements
elsewhere for large quantity generators and small quantity generators
to comply with all applicable regulations under 40 CFR part 268.
e. 40 CFR 262.34(b): Consistent with the changes being made in
section 262.34(a) of today's Direct Final rule, EPA is amending 40 CFR
262.34 by revising the first sentence of 40 CFR 262.34(b) to read, ``A
generator of 1,000 kilograms or greater of hazardous waste in a
calendar month, or greater than 1 kg of acute hazardous waste listed in
Sec. Sec. 261.31 or 261.33(e) in a calendar month, who accumulates
hazardous waste or acute hazardous waste for more than 90 days is an
operator of a storage facility and is subject to the requirements of 40
CFR parts 264, 265 and 267 and the permit requirements of 40 CFR 270
unless he has been granted an extension to the 90-day period.'' (See
discussion in section V.3.a regarding paragraph 262.34(a) for
explanation of change.)
f. 40 CFR 262.34(c)(1): EPA is amending 40 CFR 262.34 by revising
40 CFR 262.34(c)(1) to read: ``A generator may accumulate as much as 55
gallons of hazardous waste or one quart of acutely hazardous waste
listed in Sec. 261.31 or Sec. 261.33(e) in containers at or near any
point of generation where wastes initially accumulate which is under
the control of the operator of the process generating the waste,
without a permit or interim status and without complying with
paragraphs (a) or (d) of this section provided he:''
This revision clarifies that the satellite accumulation provisions
for large quantity generators also are applicable to small quantity
generators, and that this provision applies to acutely hazardous wastes
listed under Sec. 261.31 as well. As currently constructed, the
regulatory citations at 40 CFR 262.34 associated with satellite
accumulation are only found under the requirements for large quantity
generators, or paragraph (a). The preamble to the final rule
promulgating this provision published in the March 24, 1986 Federal
Register makes clear that the satellite accumulation provisions also
are applicable to small quantity generators. The regulatory text
omitted the appropriate reference to implement this intent. See 51 FR
10162. In addition, other EPA documents state that the satellite
accumulation provisions apply to small quantity generators as well.
See, for example, Memorandum from Robert Springer, Director Office of
Solid Waste to Regions 1-10, Frequently Asked Questions about Satellite
Accumulation Areas, March 17, 2004 (RO 14703), a copy of which is
included in today's docket.
With respect to including acutely hazardous wastes listed under
Sec. 261.31, when the dioxin listings for acutely
[[Page 12995]]
hazardous wastes listed under Sec. 261.31 were promulgated in 1985
(see 50 FR 2000), we failed to make conforming changes to the satellite
accumulation regulations found at 40 CFR 262.34 (c)(1) and (c)(2) which
were promulgated in 1984. This amendment corrects this omission.
g. 40 CFR 262.34(c)(2): EPA is amending 40 CFR 262.34 by revising
40 CFR 262.34(c)(2) to read: ``A generator who accumulates either
hazardous waste or acutely hazardous waste listed in Sec. 261.31 or
Sec. 261.33(e) in excess of the amounts listed in paragraph (c)(1) of
this section at or near any point of generation must, with respect to
that amount of excess waste, comply within three days with paragraph
(a) of this section or other applicable provisions of this chapter.
During the three day period the generator must continue to comply
with paragraphs (c)(1)(i) and (ii) of this section. The generator must
mark the container holding the excess accumulation of hazardous waste
with the date the excess amount began accumulating.''
This amendment makes the conforming change discussed above (section
V.3.f.) for 40 CFR 262.34(c)(1).
h. 40 CFR 262.42(a)(1), (a)(2), and (c)--Exception Reporting: In 40
CFR part 262, EPA is amending both 40 CFR 262.42(a)(1) and (a)(2) to
read, ``A generator of 1,000 kilograms or greater of hazardous waste in
a calendar month, or greater than1 kg of acute hazardous waste listed
in Sec. Sec. 261.31 or 261.33(e) in a calendar month * * *'' Also, EPA
is adding paragraph (c) to this section to require a generator to
comply with this provision when a designated facility re-ships a
generator's hazardous waste shipment of rejected loads or container
residues to an alternate facility for further hazardous waste
management. This correction is discussed in Section V.C.10 below, along
with other corrections and clarifications to the hazardous waste
manifest regulations.
Specifically, the current language in paragraphs (a)(1) and (a)(2)
at 40 CFR 262.42 incorrectly describes the exception reporting
requirements as applying only to generators of ``greater than 1000
kilograms of hazardous waste'' in a calendar month, when it should
properly address such requirements for large quantity generators (i.e.,
those generators generating 1,000 kilograms or greater of hazardous
waste or greater than 1 kg of acute hazardous waste listed in Sec.
261.31 or Sec. 261.33(e) in a calendar month). These amendments are
further supported by the language in paragraphs Sec. 262.34(d), Sec.
262.34(g), Sec. 262.34(h) and Sec. 262.34(j) cited under 40 CFR
261.5(e).
i. 40 CFR 262.60(b)--Imports of Hazardous Waste: In 40 CFR part
262, EPA is amending 40 CFR 262.60(b) to replace ``Sec. 262.20 (a)''
with ``Sec. 262.20.''
Specifically, paragraph 262.60(b) incorrectly states that ``when
importing hazardous waste, a person must meet all the requirements of
Sec. 262.20(a) for the manifest except that * * *'' However Sec.
262.20(a) is only one component of the hazardous waste manifest
requirements that facilities must meet in either transporting or
importing hazardous wastes. To comply with this requirement only, and
no other, would be a violation of the hazardous waste manifest
requirements. EPA made this error in the original import regulations
(see 51 FR 28685, August 8, 1986) and is now amending this section to
reflect the Agency's intent.
4. Corrections to 40 CFR Part 264 (Standards for Owners and Operators
of Hazardous Waste Treatment, Storage, and Disposal Facilities)
In 40 CFR part 264, EPA is amending the following sections in order
to include correct citations, clarify regulatory requirements that are
either cited elsewhere in Federal Register notices or documents
published in RCRA Online, and incorporate conforming changes: Sections
264.52, 264.56, 264.72,\6\ 264.314, 264.316, and 264.552.
---------------------------------------------------------------------------
\6\ Discussed under Section V.C.10.
---------------------------------------------------------------------------
a. 40 CFR 264.52--Content of contingency plan: EPA is amending
Sec. 264.52(b) by removing the phrase ``or part 1510 of chapter V,''
since part 1510 of chapter V no longer exists.
b. 40 CFR 264.56--Emergency Procedures: Consistent with the change
being made in 40 CFR 264.52, EPA is amending Sec. 264.56(d)(2) by
removing the parenthetical phrase ``(in the applicable regional
contingency plan under part 1510 of this title),'' since this provision
no longer exists.
c. 40 CFR 264.314(d) and 264.316(b): The Burden Reduction Rule (71
FR 16906, April 4, 2006) deleted the obsolete paragraph (a) in Sec.
264.314 and moved up the rest of the paragraphs in that section. Thus,
paragraphs (b) through (f) were re-designated paragraphs (a) through
(e). In doing this, the Burden Reduction Rule failed to update the
cross-references in paragraph 264.314(d) from ``(e)(1)'' to ``(d)(1)''
and ``(e)(2)'' to ``(d)(2),'' and failed to update the cross-reference
in Sec. 264.316(b) from ``Sec. 264.314(e)'' to ``Sec. 264.314(d)''.
Today's rule corrects these errors.
d. 40 CFR 264.552(a)(3): As discussed under 40 CFR 264.314 (section
V.4.c), the Burden Reduction Rule (71 FR 16906, April 4, 2006) deleted
the obsolete paragraph 264.314(a) and moved up the rest of the
paragraphs in that section. Thus, paragraphs (b) through (f) were re-
designated paragraphs (a) through (e). In doing this, the Burden
Reduction Rule failed to update the cross-references in Sec. 264.552
to these re-designated paragraphs. Today's rule corrects this as
follows: Paragraph 264.552(a)(3)(ii) revises the citation ``Sec.
264.314(d)'' to read ``Sec. 264.314(c)''; paragraph 264.552(a)(3)(iii)
revises the citation ``Sec. 264.314(f)'' to read ``Sec. 264.314(e)'';
and paragraph 264.552(a)(3)(iv) revises the citation ``Sec.
264.314(c)'' to read ``Sec. 264.314(b)'' and ``Sec. 264.314(e)'' to
read ``Sec. 264.314(d).''
e. 40 CFR 264.552(e)(4)(iv)(F): Today's rule revises the citation
in Sec. 264.552(e)(4)(iv)(F) from ``260.11(a)(11)'' to read
``260.11(c)(3)(v).'' The Corrective Action Management Units (CAMUs)
final rule (67 FR 3025, January 22, 2002), in Sec.
264.552(e)(4)(iv)(F), provided for a variance from the ``Toxicity
Characteristic Leaching Procedure'' (TCLP), SW846 Method 1311, and
incorrectly cited ``40 CFR 260.11(11)'' for Method 1311. This reference
was an improper citation format. It should have read ``40 CFR
260.11(a)(11).'' EPA then significantly reorganized and revised 40 CFR
260.11 (70 FR 34538, June 14, 2005), without making the corresponding
revision to the citation in Sec. 264.552(e)(4)(iv)(F). However, the
June 14, 2005 revision (at 70 FR 34560) also added a new Sec.
260.11(c)(3)(v) referencing Method 1311. The EPA CFR Corrections rule
(71 FR 40273, July 14, 2006) corrected the original Sec.
264.552(e)(4)(iv)(F) citation to read ``40 CFR 260.11(a)(11),'' the
paragraph that in 2002 correctly referred to SW846, which includes
Method 1311. But, because of the June 14, 2005 revisions, the correct
citation in the July 14, 2006 CFR corrections rule should have been
``Sec. 260.11(c)(3)(v).''
5. Corrections to 40 CFR Part 265 (Standards for Owners and Operators
of Hazardous Waste Treatment, Storage, and Disposal Facilities)
In 40 CFR part 265, EPA is amending the following sections in order
to include correct citations, clarify particular regulatory
requirements that are either cited elsewhere in Federal Register
notices or documents published in RCRA Online, and incorporate
conforming changes:
[[Page 12996]]
Sections 265.52, 265.56, 265.72,\7\ 265.314 and 265.316.
---------------------------------------------------------------------------
\7\ Discussed under Section V.C.10.
---------------------------------------------------------------------------
a. 40 CFR 265.52--Content of contingency plan: EPA is amending
Sec. 265.52(b) by removing the phrase ``or part 1510 of chapter V,''
since part 1510 of chapter V no longer exists.
b. 40 CFR 265.56--Emergency Procedures: Consistent with the change
being made in 40 CFR 265.52, EPA is amending Sec. 265.56(d)(2) by
removing the parenthetical phrase ``(in the applicable regional
contingency plan under part 1510 of this title),'' since the provision
no longer exists.
c. 40 CFR 265.314(e) and 265.316(b): As discussed under the
sections on 40 CFR 264.314 and 264.316 above (section V.4.c), today's
rule corrects some errors made in the Burden Reduction Rule (71 FR
16912, April 4, 2006) in 40 CFR 264.314(e) and 264.316(b). We are also
making the same corrections to the corresponding part 265 provisions,
which are identical in language to the part 264 provisions.
Specifically, the 2006 Burden Reduction Rule deleted obsolete paragraph
(a) in Sec. 265.314 and moved up the rest of the paragraphs in that
section. Thus, paragraphs (b) through (g) became re-designated as
paragraphs (a) through (f). In doing this, the Burden Reduction Rule
failed to update the cross-references in paragraph 265.314(e) from
``(f)(1)'' to ``(e)(1)'' and ``(f)(2)'' to ``(e)(2),'' and failed to
update the cross-reference in Sec. 265.316(b) from ``Sec.
265.314(f)'' to ``Sec. 265.314(e).'' Today's rule corrects these
errors.
6. Corrections to 40 CFR Part 266 (Standards for the Management of
Specific Hazardous Wastes and Specific Types of Hazardous Waste
Management Facilities)
In 40 CFR part 266, EPA is amending the following section in order
to make a necessary conforming change: Section 266.20.
40 CFR 266.20--Subpart C--Recyclable Materials Used in a Manner
Constituting Disposal: EPA is amending Sec. 266.20(b) by adding at the
end of this paragraph the phrase, ``and the recycler complies with
Sec. 268.7(b)(6).''
Specifically, when EPA promulgated Sec. 268.7(b)(6), the Agency
failed to make the conforming change at Sec. 266.20(b) to clarify that
the recycler must comply with the one-time certification requirement
described at Sec. 268.7(b)(4) for the initial shipment of the waste,
and a one-time notification under paragraph Sec. 268.7(b)(3). This
correction addresses this oversight.
7. Conforming Changes To Include Reference to Part 267 in Different
Sections of Parts 261, 262, 263, and 266.
In 2005, EPA promulgated 40 CFR part 267, which provides
alternative management standards for owners and operators of certain
types of hazardous waste treatment and storage facilities operating
under a special type of permit--that is, the standardized permit.
Management includes storing or non-thermally treating hazardous waste
on-site in tanks, containers or containment buildings, or receiving
hazardous waste generated off-site by a generator under the same
ownership as the receiving facility, and then storing or non-thermally
treating the hazardous waste in containers, tanks, or containment
buildings. (See 40 CFR 270.255.) When EPA promulgated this rule, the
Agency inadvertently failed to make a number of conforming changes to
other parts of the RCRA hazardous waste regulations that were affected
by this new rule. In particular, there are various paragraphs
throughout parts 261, 262, 263 and 266 where the phrase, ``parts 262
through 266, 268, and parts 270 and 124,'' or variations appear. When
part 267 was promulgated, this phrase should have been amended in the
applicable paragraphs to add part 267 and reflect this change. The
following paragraphs are amended to correct this oversight:
--Sec. 261.5(b), (e) and (f)(2), and (g)(2)
--Sec. 261.6(a)(3), (c)(1) and (d)
--Sec. 261.7(a)(2)
--Sec. 261.30(c)
--Sec. 262.10(f), (j)(1) and (k).
--Sec. 262.11(d)
--Sec. 262.34(b), (f), and (i)
--Sec. 262.41(b)
--Sec. 263.12
--Sec. 266.22, 266.70(d), 266.80(b), 266.101(c)(1) and (c)(2)
8. Corrections to Part 268 (Land Disposal Restrictions)
EPA is amending the following sections of 40 CFR part 268 in order
to make a number of changes: Sections 268.40 and 268.48.
b. 40 CFR 268.40: In 40 CFR 268.40, EPA is amending the table,
Treatment Standards for Hazardous Wastes, by revising the wastewater
concentration associated with the regulated hazardous constituent,
vinyl chloride, for F025 to read ``0.27,'' and by revising the
wastewater concentration associated with the regulated hazardous
constituent, arsenic, for K031 to read ``1.4.'' With respect to F025,
63 FR 28657-58 identified the wastewater concentration for vinyl
chloride to be 0.27 mg/L. With respect to K031, the preamble to the
Universal Treatment Standards at 59 FR 48000, and confirmed at 59 FR
48070 for the table, Treatment Standards for Hazardous Wastes found in
40 CFR 268.40, the correct concentration for the regulated hazardous
constituent, arsenic, is 1.4 mg/L for K031. Whether through a printing
error, or inadvertent technical error, the concentrations for vinyl
chloride and arsenic under F025 and K031 were changed in subsequent CFR
publications to ``0.027'' and ``14,'' respectively. These changes
correct those inadvertent errors.
In 40 CFR 268.40, EPA is also amending the table, Treatment
Standards for Hazardous Wastes, for the waste codes K156, K157 and K158
by reinserting the parenthetical sentence, ``(This listing does not
apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-
butylcarbamate.)'' As a result of the November 1, 1996, ruling of the
United States Court of Appeals for the District of Columbia Circuit in
Dithiocarbamate Task Force v. EPA, EPA added to the 40 CFR 268.40 table
``Treatment Standards for Hazardous Wastes,'' at the end of the ``Waste
description * * *'' column for the entries for K156, K157, and K158,
the parenthetical sentence ``(This listing does not apply to wastes
generated from the manufacture of 3-iodo-2-propynyl n-
butylcarbamate).'' (See 62 FR 32979, June 17, 1997.) This same
parenthetical sentence was also added by the June 17, 1997 Federal
Register notice under the entries for K156, K157, and K158 in the
following two tables: 40 CFR 261.32 Listed hazardous wastes from
specific sources and 40 CFR Table 302.4 List of Hazardous Substances
and Reportable Quantities (62 FR 32977 and 32980, respectively). This
parenthetical sentence still exists in these latter two tables, but was
inadvertently deleted from the Sec. 268.40 table under all three
entries (K156-158) by 63 FR 28706-8, May 26, 1998. The purpose of this
section of the Federal Register, as discussed in the preamble at 63 FR
28623, was to modify the entry in the Sec. 268.40 table for U108;
there was no mention of any revisions to the entries for K156-158. Yet
when this table was recreated to reflect the U108 revision, the
parenthetical sentence at the end of K156-158 was inadvertently
deleted.
b. 40 CFR 268.48: At 59 FR 48103, September 19, 1994, EPA added
Sec. 268.48 and a table containing Universal Treatment Standards,
including treatment standard entries in the table for ``bis(2-
Ethylhexyl)phthalate'' and for ``Hexachloropropylene.'' The entries for
these two chemicals appear in the 1995-
[[Page 12997]]
1998 Code of Federal Regulations. They also appear in this same table
in the 1998 Phase IV Land Disposal Restrictions (LDR) Final Rule (63 FR
28744, May 26, 1998). By mistake, these entries do not appear in the
same table in the 1999 Code of Federal Regulations, or in any CFR since
then. There are no FR notices removing these entries. EPA is today
restoring these two entries as they first appeared in 1994, and
continued unchanged through 1998.
9. Corrections to Part 270 (EPA Administered Permit Programs: The
Hazardous Waste Permit Program)
EPA is amending the following section of 40 CFR part 270 in order
to make a necessary change: Section 270.4.
40 CFR 270.4(a): Today's rule restores the following sentence at
the end of Sec. 270.4(a): ``However, a permit may be modified, revoked
and reissued, or terminated during its term for cause as set forth in
Sec. Sec. 270.41 and 270.43, or the permit may be modified upon the
request of the permittee as set forth in Sec. 270.42.'' (except that
today's rule deletes the introductory word ``However,''). The first
part of this sentence was promulgated on April 1, 1983 (48 FR 14232).
EPA attempted to add the last phrase of this sentence on September 28,
1988 (53 FR 37935), but was not able to because EPA had inadvertently
deleted the first part of this sentence December 1, 1987 (52 FR 45799).
In order to reinstate the missing sentence, EPA is today re-designating
the introductory text of paragraph (a) as (a)(1); re-designating
paragraphs (a)(1), (a)(2), (a)(3) and (a)(4) as paragraphs (a)(1)(i),
(a)(1)(ii), (a)(1)(iii) and (a)(1)(iv), respectively; and reinstating
the missing sentence in a new paragraph (a)(2).
10. Corrections To Manifest Regulations
Today's rule corrects certain omissions and an error in the final
manifest rule that was published on March 4, 2005 (See 70 FR 10776).
The March 2005 manifest rule (manifest rule) inadvertently omitted
certain requirements that were intended for inclusion, and that relate
to the use of a manifest in shipments of rejected hazardous wastes or
non-empty containers containing regulated residues (``container
residues''). In addition, the manifest rule contained an error
regarding a designated facility's preparation of a new manifest in
certain returned shipment situations. Today's rule corrects these
omissions and this error as follows:
1. The generator must confirm receipt of a returned shipment of
rejected hazardous wastes or container residues by sending a copy of
the final hazardous waste manifest that accompanied the shipment,
whether it was a new manifest or the generator's original manifest, to
the designated facility. Today's rule adds a new paragraph (f) to 40
CFR 262.23 to reflect this requirement.
The preamble to the May 22, 2001 proposed manifest rule (66 FR
28240) explained the importance of ensuring that a shipment returned to
the generator be verified by the designated facility. Hence, it would
be necessary for the generator to send to the designated facility a
copy of the final manifest. However, the March 2005 final rule
regulatory text inadvertently omitted this requirement for the
generator to send a final copy of the manifest to the designated
facility, even though the proposed rule preamble discussion clearly
intended this requirement. Today's rule corrects this inadvertent
omission.
2. The generator must sign and date the manifest accompanying the
returned shipment of rejected hazardous wastes or container residues,
provide the transporter with a copy of the manifest, and retain a copy
of the manifest for three years. New paragraph (f) to 40 CFR 262.23,
described previously in item 1, reflects these requirements as well.
In the appendix to part 262, the instructions for completing the
manifest require the generator to sign and date the manifest for
returned shipments involving the original manifest (generator must sign
and date Item 18c of the original manifest) or a new manifest
(generator must sign and date Item 20 of the new manifest). Moreover,
EPA intended to include all of these same requirements (which
generators must currently meet under the manifest instructions) to the
regulatory text of the final manifest rule for returned shipments for
the purpose of completion, but inadvertently omitted these
requirements. Today's rule corrects these inadvertent omissions.
3. The generator must comply with the Exception reporting
requirements of 40 CFR 262.42(a) or (b) when a designated facility
forwards its hazardous waste or container residues to an alternate
facility under a new manifest. Today's rule adds a new paragraph (c) to
40 CFR 262.42 to reflect this requirement.
The current exception reporting requirements in 40 CFR Sec. 262.42
require a generator to file an exception report when a copy of that
signed original manifest is not received from the designated facility
within the specified time frame. EPA also intended to include, but
inadvertently omitted in the 2005 final manifest rule, exception
reporting for hazardous waste shipments forwarded to an alternate
facility by a designated facility using a new manifest (following the
procedures of CFR 264.72(e)(1)-(6)). Specifically, EPA intended to
require the generator to comply with the exception reporting
requirements of 40 CFR 262.42 (a) or (b) when a designated facility
forwards rejected wastes or container residues to an alternate facility
using a new manifest. Today's rule corrects this inadvertent omission.
4. The designated facility must mail to the generator a signed copy
of the new manifest included with the shipments of rejected loads or
container residues that are re-shipped to an alternate facility by the
designated facility under a new manifest. Today's rule amends paragraph
(e)(6) of 40 CFR 264.72 and 40 CFR 265.72 to reflect this requirement.
When a designated facility forwards to an alternate facility
shipments of rejected loads or container residues under a new manifest,
it is important for the designated facility also to send the generator
a copy of the new manifest indicating the date on which the shipment
was accepted by the initial transporter that is transporting the
rejected hazardous waste or container residues to the alternate
facility. Otherwise, the generator cannot reasonably determine that the
alternate facility received the shipment in the appropriate time frame
in order to fulfill its various obligations under the manifest
regulations. EPA intended to include, but inadvertently omitted, this
requirement in the manifest rule. Today's rule corrects this
inadvertent omission.
5. The designated facility must enter its own information (instead
of the generator's information) in Item 5 of the new manifest form when
it originates the shipments of rejected hazardous waste or container
residues. Today's rule amends 40 CFR 264.72(f)(1) and 265.72(f)(1) to
correct this error.
This approach provides the most straightforward facility-to-
generator tracking of waste shipments and was explained in the preamble
to the May 22, 2001, proposed rule (66 FR 28240). In response to
requests for clarification of this issue from the regulated community
and State waste management officials, EPA's Office of Solid Waste (OSW)
issued a memorandum (May 14, 2007) from Matt Hale, OSW Office Director,
to the Regional Waste Division Directors and RCRA Enforcement Managers
acknowledging this error and recommending that manifests should be
[[Page 12998]]
considered compliant if, in cases of rejected wastes and container
residues, designated facilities entered their own information in Item 5
of the new manifest. In addition, the memo indicated that EPA would
correct this error in the future. A copy of this memo is in the Docket
for this rulemaking.
6. The designated facility using a new manifest to return a full
load or partial load of rejected hazardous wastes, or container
residues, to the generator must comply with the exception reporting
provisions of 40 CFR 262.42(a). Today's rule adds new paragraph (f)(8)
to 40 CFR 264.72 and 265.72 to reflect this requirement. Today's rule
also makes a necessary conforming amendment to paragraph (f)(7) to 40
CFR 264.72 and 40 CFR 265.72 to reference new paragraph (f)(8).
Under today's rule, the designated facility must file an exception
report in situations when a completed copy of the manifest is not
received from the generator within 35 days of the date that the
shipment was accepted by the initial transporter transporting the
shipment. This requirement ensures that the shipment returned to the
generator can be verified by the designated facility, as explained in
the preamble to the May 22, 2001 proposed manifest rule. EPA intended
to include, but inadvertently omitted, this requirement in the initial
manifest rule of March 4, 2005. Today's rule corrects this inadvertent
omission.
Table 1 provides a summary of the manifest technical corrections.
Table 1--Manifest Related Omissions and Inaccuracies Corrected in Today's Direct Final Rule
----------------------------------------------------------------------------------------------------------------
Type of shipment affected
Citation Action in today's Summary of added or (RW&CR = rejected waste
final rule corrected provision and container residues)
----------------------------------------------------------------------------------------------------------------
262.23(f)......................... Add new paragraph (f) Generator (recipient of RW&CR returned from
shipment) must:. Designated Facility to
--sign/complete the Generator using a new or
manifest.. an original manifest.
--provide a copy of the
completed manifest to
transporter..
--send a copy of the
completed manifest to the
Designated Facility
(originator of shipment)..
--keep a copy of completed
manifest..
262.42(c)......................... Add new paragraph (c) Generator must file an RW&CR forwarded from
exception report if a Designated Facility to
copy of the signed new Alternate Facility using
manifest is not received a new manifest.
from the alternate
facility within a
specified time frame.
264.72(e)(6) and 265.72 (e)(6).... Add new provision to Designated Facility must RW&CR forwarded from
existing paragraph send copy of new manifest Designated Facility to
(6). to the Generator. Alternate Facility using
a new manifest.
264.72(f)(1) and 265.72 (f)(1).... Correct paragraph (1) Designated Facility must RW&CR returned from
enter its own information Designated Facility to
in Box 5 of the manifest. Generator using a new
manifest.
264.72(f)(7) and 265.72 (f)(7).... Correct references in Designated Facility using RW&CR returned from
paragraph (7). original manifest need Designated Facility to
not comply with new Generator using the
paragraph (8). original manifest.
264.72(f)(8) and 265.72 (f)(8).... Add new paragraph (8) Designated Facility must RW&CR returned from
comply with the exception Designated Facility to
reporting requirements Generator using a new
for shipments returned to manifest.
the Generator.
----------------------------------------------------------------------------------------------------------------
VI. State Authorization
A. Applicability of Rules in Authorized States
Under section 3006 of RCRA, EPA may authorize a qualified State to
administer its own hazardous waste program within the State in lieu of
the Federal program. Following authorization, EPA retains enforcement
authority under Sections 3008, 3013, and 7003 of RCRA, although
authorized States have primary enforcement responsibility. The
standards and requirements for State authorization are found at 40 CFR
part 271.
Prior to enactment of the Hazardous and Solid Waste Amendments of
1984 (HSWA), a State with final RCRA authorization administered its
hazardous waste program entirely in lieu of EPA administering the
Federal program in that State. The Federal requirements no longer
applied in the authorized State, and EPA could not issue permits for
any facilities in that State, since only the State was authorized to
issue RCRA permits. When new, more stringent Federal requirements were
promulgated, the State was obligated to enact equivalent authorities
within specified time frames. However, the new Federal requirements did
not take effect in an authorized State until the State adopted the
Federal requirements as State law.
In contrast, under RCRA section 3006(g) (42 U.S.C. 6926(g)), which
was added by HSWA, new requirements and prohibitions imposed under HSWA
authority take effect in authorized States at the same time that they
take effect in unauthorized States. EPA is directed by the statute to
implement these requirements and prohibitions in authorized States,
including the issuance of permits, until the State is granted
authorization to do so. While States must still adopt HSWA related
provisions as State law to retain final authorization, EPA implements
the HSWA provisions in authorized States until the States do so.
Authorized States are required to modify their program only when
EPA enacts Federal requirements that are more stringent or broader in
scope than the existing Federal requirements. RCRA section 3009 allows
the States to impose standards more stringent than those in the Federal
program (see also 40 CFR 271.1). Therefore, authorized States may, but
are not required to, adopt Federal regulations, both HSWA and non-HSWA,
that are considered less stringent than previous Federal regulations.
B. Effect on State Authorization
Today's Direct Final rule finalizes technical corrections to a
number of the regulations in 40 CFR parts 260-266, 268 and 270 that are
being promulgated in part under the authority of HSWA, and in part
under non-HSWA authority. Thus, the technical corrections and
clarifications finalized today under non-HSWA authority would be
applicable on the effective date only in those States that do not have
final authorization of their base RCRA programs. The technical
corrections to regulations in part 268 are promulgated under the
authority of HSWA and would be
[[Page 12999]]
effective on the effective date of this Direct Final rule in all States
unless the State is not authorized for the underlying provisions.
Moreover, 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. Today's Direct Final
rule is considered to be neither more nor less stringent than the
current standards. Therefore, authorized States would not be required
to modify their programs to adopt the technical corrections promulgated
today, although we would strongly urge the States to adopt these
technical corrections to avoid any confusion or misunderstanding by the
regulated community and the public.
One exception to the above discussion concerns clarifications of
the manifest regulations in 40 CFR 262.23. All authorized States will
be required to adopt these revisions in accordance with the consistency
requirements in 40 CFR 271.4(c). See 70 FR 10811, March 4, 2005 for a
further discussion of this provision.
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action.'' Accordingly, EPA did
not submit this action to the Office of Management and Budget (OMB) for
review under Executive Order 12866.
B. Paperwork Reduction Act
The information collection requirements in this rule have been
submitted for approval to the Office of Management and Budget (OMB)
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The
information collection requirements are not enforceable until OMB
approves them. As described in the preamble, while the recordkeeping
and reporting requirements related to the manifest are not considered
new requirements, we nevertheless discuss the information collection
burden under the provisions of the Paperwork Reduction Act with respect
to this action.
The manifest amendments in this action impose recordkeeping and
reporting burden to generators and designated facilities subject to
these manifest changes. However, EPA believes that the burden impacts
are minimal since the changes apply only to rejected load shipments and
container residue shipments that require the completion of a new
hazardous waste manifest. EPA estimates that each manifest completed
and sent off site by a generator (2,074,900) will be delivered to the
designated treatment, storage or disposal facility (TSDF), minus those
manifests accompanying export shipments (19,509 manifests) or lost
during transport (173 manifests). Hence, USEPA estimates that 2,055,218
manifests will be delivered to the designated TSDF. EPA estimates that
3% of these shipments will be classified as rejected loads or container
residue shipments, and that 50% of these shipments would be affected by
the manifest regulatory amendments in this action. Approximately 99% of
these shipments (30,519) will be sent to an alternate facility, and the
remaining 1% (308) of these shipments will be returned to the
generator. Most of the incremental burden increase will result from the
proposed changes applicable to the estimated 30,519 hazardous waste
shipments forwarded to an alternate facility. However, EPA expects that
the total national hourly burden will be minimal (4,578) hours, since
for each affected shipment the respondent activity associated with the
changes should require, at most, nine minutes of clerical staff time.
EPA believes that the potential recordkeeping and reporting burden
associated with hazardous waste shipments returned to the generator
will be negligible since the proposed changes will only affect 308
shipments annually, and only an extremely small fraction of those
returned shipments will require the completion, submission, and
recordkeeping of an exception report.
As a result of a small increase in the number of burden hours, EPA
has submitted a nonsubstantive change request to the Office of
Management and Budget (OMB) that will modify the information collection
request (ICR) entitled, ``Requirements for Generators, Transporters,
and Waste Management Facilities under the RCRA Hazardous Waste Manifest
System'' (EPA ICR 0801.16; OMB Control No. 2050-0039) to
account for this overall change in manifest burden hours. Burden is
defined at 5 CFR 1320.3(b).
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9. When this ICR is
approved by OMB, the Agency will publish a technical amendment to 40
CFR part 9 in the Federal Register to display the OMB control number
for the approved information collection requirements contained in this
final rule.
C. 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 impacts of today's Direct Final 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 simply corrects typographical errors, incorrect citations,
omissions provides clarifications, and makes conforming changes where
they have not been made previously.
Although this Direct Final 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.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and
[[Page 13000]]
tribal governments, in the aggregate, or to the private sector, of $100
million or more in any one year. Before promulgating an EPA rule for
which a written statement is needed, section 205 of the UMRA generally
requires EPA to identify and consider a reasonable number of regulatory
alternatives and adopt the least costly, most cost-effective or least
burdensome alternative that achieves the objectives of the rule. The
provisions of section 205 do not apply when they are inconsistent with
applicable law. Moreover, section 205 allows EPA to adopt an
alternative other than the least costly, most cost-effective or least
burdensome alternative if the Administrator publishes with the final
rule an explanation why that alternative was not adopted. Before EPA
establishes any regulatory requirements that may significantly or
uniquely affect small governments, including tribal governments, it
must have developed under section 203 of the UMRA a small government
agency plan. The plan must provide for notifying potentially affected
small governments, enabling officials of affected small governments to
have meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising small governments on compliance with
the regulatory requirements.
This action contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, or tribal
governments or the private sector. This Direct Final rule corrects
typographical errors, incorrect citations, omissions, provides
clarifications, and makes conforming changes where they have not been
made previously. In any event, EPA has determined that this rule does
not contain a Federal mandate that may result in expenditures of $100
million or more for State, local, and tribal governments, in the
aggregate, or the private sector in any one year. Therefore, this
action is not subject to the requirements of sections 202 or 205 of the
UMRA. This action is also not subject to the requirements of section
203 of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments because this rule
corrects errors in the CFR and clarifies existing regulatory language.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This action corrects typographical
errors, incorrect citations, omissions, provides clarifications, and
makes conforming changes where they have not been made previously.
Thus, Executive Order 13132 does not apply to this rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249), requires EPA to develop
an accountable process to ensure ``meaningful and timely input by
tribal officials in the development of regulatory policies that have
tribal implications.'' This action does not have tribal implications,
as specified in Executive Order 13175. It will neither impose
substantial direct compliance costs on tribal governments, nor preempt
Tribal law because this rule corrects typographical errors, incorrect
citations, omissions, provides clarifications, and makes conforming
changes where they have not been made previously. Thus, Executive Order
13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it is not economically significant as defined
in Executive Order 12866, and because it is not based on environmental
health or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through the Office of Management and Budget, explanations
when the Agency decides not to use available and applicable voluntary
consensus standards.
This action does not involve technical standards. Therefore, EPA
did not consider the use of any voluntary consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this Direct Final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because this rule
corrects typographical errors, incorrect citations, omissions, provides
clarifications, and makes conforming changes where they have not been
made previously. These types of changes to the rule do not affect the
level of protection provided to human health or the environment.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
information required by the Congressional Review Act (5 U.S.C. 801 et
seq., as amended) to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined
[[Page 13001]]
by 5 U.S.C. 804(2). This action is effective June 16, 2010.
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: March 10, 2010.
Lisa P. Jackson,
Administrator.
0
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:
PART 260--HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
0
1. The authority citation for part 260 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935,
6937, 6938, 6939, and 6974.
Sec. 260.10 [Amended]
0
2. Amend Sec. 260.10, the definition of ``New hazardous waste
management facility or new facility'' by removing the date ``October
21, 1976'' and adding in its place the date ``November 19, 1980''.
Appendix I [Removed]
0
3. Amend part 260 by removing Appendix I.
PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
0
4. The authority citation for part 261 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y), and
6938.
Sec. 261.1 [Amended]
0
5. Amend Sec. 261.1(c)(10) by removing the citation ``Sec.
261.4(a)(13)'' and adding in its place the citation ``Sec.
261.4(a)(14)''.
0
6. Amend Sec. 261.2(c), Table 1, by removing the entry for ``Scrap
metal other than excluded scrap metal (see 261.1(c)(9))'' and adding in
its place the entry ``Scrap metal that is not excluded under Sec.
261.4(a)(13)'' to read as follows:
Sec. 261.2 Definition of Solid Waste
* * * * *
(c) * * *
Table 1
----------------------------------------------------------------------------------------------------------------
Reclamation
(261.2(c)(3)),
except as
provided in Sec. Speculative
Use constituting Energy recovery/ Sec. accumulation (Sec.
disposal (Sec. fuel (Sec. 261.2(a)(2)(ii), 261.2(c)(4))
261.2(c)(1)) 261.2(c)(2)) 261.4(a)(17),
261.4(a)(23),
261.4(a)(24), or
261.4(a)(25)
----------------------------------------------------------------------------------------------------------------
1 2 3 4
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Scrap metal that is not excluded (*) (*) (*) (*)
under Sec. 261.4(a)(13)......
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Sec. 261.4 [Amended]
0
7. Amend Sec. 261.4, paragraph (a)(17)(vi) by removing the citation
``(a)(7)'' and adding in its place the citation ``(b)(7)''.
0
8. Amend Sec. 261.5 as follows:
0
a. By revising paragraph (b).
0
b. By revising paragraph (e).
0
c. By revising paragraph (f) introductory text.
0
d. By revising paragraph (f)(2).
0
e. By revising paragraph (g) introductory text.
0
f. By revising paragraph (g)(2)
Sec. 261.5 Special requirements for hazardous waste generated by
conditionally exempt small quantity generators.
* * * * *
(b) Except for those wastes identified in paragraphs (e), (f), (g),
and (j) of this section, a conditionally exempt small quantity
generator's hazardous wastes are not subject to regulation under parts
262 through 268, and parts 270 and 124 of this chapter, and the
notification requirements of section 3010 of RCRA, provided the
generator complies with
[[Page 13002]]
the requirements of paragraphs (f), (g), and (j) of this section.
* * * * *
(e) If a generator generates acute hazardous waste in a calendar
month in quantities greater than set forth below, all quantities of
that acute hazardous waste are subject to full regulation under parts
262 through 268, and parts 270 and 124 of this chapter, and the
notification requirements of section 3010 of RCRA:
(1) A total of one kilogram of acute hazardous wastes listed in
Sec. Sec. 261.31 or 261.33(e).
(2) A total of 100 kilograms of any residue or contaminated soil,
waste, or other debris resulting from the clean-up of a spill, into or
on any land or water, of any acute hazardous wastes listed in
Sec. Sec. 261.31, or 261.33(e).
Note to paragraph (e): ``Full regulation'' means those regulations
applicable to generators of 1,000 kg or greater of hazardous waste in a
calendar month.
* * * * *
(f) In order for acute hazardous wastes generated by a generator of
acute hazardous wastes in quantities equal to or less than those set
forth in paragraphs (e)(1) or (e)(2) of this section to be excluded
from full regulation under this section, the generator must comply with
the following requirements:
* * * * *
(2) The generator may accumulate acute hazardous waste on-site. If
he accumulates at any time acute hazardous wastes in quantities greater
than those set forth in paragraph (e)(1) or (e)(2) of this section, all
of those accumulated wastes are subject to regulation under parts 262
through 268, and parts 270 and 124 of this chapter, and the applicable
notification requirements of section 3010 of RCRA. The time period of
Sec. 262.34(a) of this chapter, for accumulation of wastes on-site,
begins when the accumulated wastes exceed the applicable exclusion
limit;
* * * * *
(g) In order for hazardous waste generated by a conditionally
exempt small quantity generator in quantities of 100 kilograms or less
of hazardous waste during a calendar month to be excluded from full
regulation under this section, the generator must comply with the
following requirements:
* * * * *
(2) The conditionally exempt small quantity generator may
accumulate hazardous waste on-site. If he accumulates at any time 1,000
kilograms or greater of his hazardous wastes, all of those accumulated
wastes are subject to regulation under the special provisions of part
262 applicable to generators of greater than 100 kg and less than 1000
kg of hazardous waste in a calendar month as well as the requirements
of parts 263 through 268, and parts 270 and 124 of this chapter, and
the applicable notification requirements of section 3010 of RCRA. The
time period of Sec. 262.34(d) for accumulation of wastes on-site
begins for a conditionally exempt small quantity generator when the
accumulated wastes equal or exceed 1000 kilograms;
* * * * *
0
9. Amend Sec. 261.6 as follows:
0
a. By revising paragraph (a)(2) introductory text.
0
b. By revising paragraph (a)(2)(ii).
0
c. By revising paragraph (a)(3) introductory text.
0
d. By revising paragraph (c)(1).
0
e. By revising paragraph (d).
The revisions read as follows:
Sec. 261.6 Requirements for recyclable materials.
(a) * * *
(2) The following recyclable materials are not subject to the
requirements of this section but are regulated under subparts C through
N of part 266 of this chapter and all applicable provisions in parts
268, 270, and 124 of this chapter.
* * * * *
(ii) Hazardous wastes burned (as defined in section 266.100(a)) in
boilers and industrial furnaces that are not regulated under subpart O
of part 264 or 265 of this chapter (40 CFR part 266, subpart H);
* * * * *
(3) The following recyclable materials are not subject to
regulation under parts 262 through parts 268, 270 or 124 of this
chapter, and are not subject to the notification requirements of
section 3010 of RCRA:
* * * * *
(c) (1) Owners and operators of facilities that store recyclable
materials before they are recycled are regulated under all applicable
provisions of subparts A though L, AA, BB, and CC of parts 264 and 265,
and under parts 124, 266, 267, 268, and 270 of this chapter and the
notification requirements under section 3010 of RCRA, except as
provided in paragraph (a) of this section. (The recycling process
itself is exempt from regulation except as provided in Sec. 261.6(d).)
* * * * *
(d) Owners or operators of facilities subject to RCRA permitting
requirements with hazardous waste management units that recycle
hazardous wastes are subject to the requirements of subparts AA and BB
of part 264, 265 or 267 of this chapter.
0
10. Amend Sec. 261.7 as follows:
0
a. By revising paragraph (a).
0
b. By revising paragraph (b)(1) introductory text.
0
c. By revising paragraph (b)(3) introductory text.
The revisions read as follows:
Sec. 261.7 Residues of hazardous waste in empty containers.
(a)(1) Any hazardous waste remaining in either: an empty container;
or an inner liner removed from an empty container, as defined in
paragraph (b) of this section, is not subject to regulation under parts
261 through 268, 270, or 124 this chapter or to the notification
requirements of section 3010 of RCRA.
(2) Any hazardous waste in either a container that is not empty or
an inner liner removed from a container that is not empty, as defined
in paragraph (b) of this section, is subject to regulation under parts
261 through 268, 270 and 124 of this chapter and to the notification
requirements of section 3010 of RCRA.
(b)(1) A container or an inner liner removed from a container that
has held any hazardous waste, except a waste that is a compressed gas
or that is identified as an acute hazardous waste listed in Sec. Sec.
261.31 or 261.33(e) of this chapter is empty if:
* * * * *
(3) A container or an inner liner removed from a container that has
held an acute hazardous waste listed in Sec. Sec. 261.31 or 261.33(e)
is empty if:
* * * * *
0
11. Amend Sec. 261.23 by revising paragraph (a)(8) to read as follows:
Sec. 261.23 Characteristic of reactivity.
(a) * * *
(8) It is a forbidden explosive as defined in 49 CFR 173.54, or is
a Division 1.1, 1.2 or 1.3 explosive as defined in 49 CFR 173.50 and
173.53.
* * * * *
0
12. Amend Sec. 261.30 by revising paragraphs (c) and (d) to read as
follows:
Sec. 261.30 General.
* * * * *
(c) Each hazardous waste listed in this subpart is assigned an EPA
Hazardous Waste Number which precedes the name of the waste. This
number must be used in complying with the notification requirements of
Section 3010 of the Act and certain recordkeeping and reporting
requirements under parts 262 through 265, 267, 268, and 270 of this
chapter.
(d) The following hazardous wastes listed in Sec. 261.31 are
subject to the
[[Page 13003]]
exclusion limits for acutely hazardous wastes established in Sec.
261.5: EPA Hazardous Wastes Nos. F020, F021, F022, F023, F026 and F027.
0
13. In Sec. 261.31(a), the table is amended by revising the entry for
F037 to read as follows:
Sec. 261.31 Hazardous wastes from non-specific sources.
* * * * *
(a) * * *
------------------------------------------------------------------------
Industry and EPA hazardous
waste No. Hazardous waste Hazard code
------------------------------------------------------------------------
* * * * * * *
F037.......................... Petroleum refinery (T)
primary oil/water/
solids separation
sludge--Any sludge
generated from the
gravitational
separation of oil/
water/solids during
the storage or
treatment of process
wastewaters and oily
cooling wastewaters
from petroleum
refineries. Such
sludges include, but
are not limited to,
those generated in oil/
water/solids
separators; tanks and
impoundments; ditches
and other conveyances;
sumps; and stormwater
units receiving dry
weather flow. Sludge
generated in
stormwater units that
do not receive dry
weather flow, sludges
generated from non-
contact once-through
cooling waters
segregated for
treatment from other
process or oily
cooling waters,
sludges generated in
aggressive biological
treatment units as
defined in Sec.
261.31(b)(2)
(including sludges
generated in one or
more additional units
after wastewaters have
been treated in
aggressive biological
treatment units) and
K051 wastes are not
included in this
listing. This listing
does include residuals
generated from
processing or
recycling oil-bearing
hazardous secondary
materials excluded
under Sec.
261.4(a)(12)(i), if
those residuals are to
be disposed of.
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
14. In Sec. 261.32(a), the table is amended as follows:
0
a. Under the heading ``organic chemicals'', revise the entry for
``K107''.
0
b. Remove the heading ``Primary copper:''.
0
c. Remove the heading ``Primary lead:''.
0
d. Remove the heading ``Primary zinc:''.
0
e. Remove the heading ``Ferroalloys:''.
The revision reads as follows:
Sec. 261.32 Hazardous wastes from specific sources
* * * * *
(a)* * *
------------------------------------------------------------------------
Industry and EPA hazardous
waste No. Hazardous waste Hazard code
------------------------------------------------------------------------
* * * * * * *
Organic chemicals
------------------------------------------------------------------------
* * * * * * *
K107.......................... Column bottoms from (C,T)
product separation
from the production of
1,1 dimethylhydrazine
(UDMH) from carboxylic
hydrazides.
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
15. In Sec. 261.33(f), the table is amended by revising the entry for
U239 to read as follows:
Sec. 261.33 Discarded commercial chemical products, off-specification
species, container residues, and spill residues thereof.
* * * * *
(f) * * *
----------------------------------------------------------------------------------------------------------------
Hazardous waste No. Chemical abstracts No. Substance
----------------------------------------------------------------------------------------------------------------
* * * * * * *
U239................................... 1330-20-7................. Benzene, dimethyl- (I)
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Appendix VII [Amended]
0
16. Section 261, Appendix VII is amended by removing in its entirety
the entries for EPA Hazardous Waste Nos. ``K064,'' ``K065,'' ``K066,''
``K090,'' and ``K091''.
PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
0
17. The authority citation for part 262 continues to read as follows:
Authority: 42 U.S.C. 6906, 6912, 6922-6925, 6937, and 6938.
0
18. Amend Sec. 262.10 as follows:
0
a. By revising paragraph (f).
0
b. By revising paragraph (j)(1) introductory text (table remains
unchanged).
0
c. By revising paragraph (k).
Sec. 262.10 Purpose, scope and applicability.
* * * * *
[[Page 13004]]
(f) A farmer who generates waste pesticides which are hazardous
waste and who complies with all of the requirements of Sec. 262.70 is
not required to comply with other standards in this part or 40 CFR
parts 270, 264, 265, 267, or 268 with respect to such pesticides.
* * * * *
(j)(1) Universities that are participating in the Laboratory XL
project are the University of Massachusetts Boston in Boston,
Massachusetts, Boston College in Chestnut Hill, Massachusetts, and the
University of Vermont in Burlington, Vermont (``Universities''). The
Universities generate laboratory wastes (as defined in Sec. 262.102),
some of which will be hazardous wastes. As long as the Universities
comply with all the requirements of subpart J of this part the
Universities' laboratories that are participating in the University
Laboratories XL Project as identified in Table 1 of this section, are
not subject to the provisions of Sec. Sec. 262.11, 262.34(c), 40 CFR
parts 264 and 265, 267, and the permit requirements of 40 CFR part 270
with respect to said laboratory wastes.
* * * * *
(k) Generators in the Commonwealth of Massachusetts may comply with
the State regulations regarding Class A recyclable materials in 310
C.M.R. 30.200, when authorized by the EPA under 40 CFR part 271, with
respect to those recyclable materials and matters covered by the
authorization, instead of complying with the hazardous waste
accumulation requirements of Sec. 262.34, the reporting requirements
of Sec. 262.41, the storage facility operator requirements of 40 CFR
parts 264, 265 and 267, and the permitting requirements of 40 CFR part
270. Such generators must also comply with any other applicable
requirements, including any applicable authorized State regulations
governing hazardous wastes not being recycled and any applicable
Federal requirements which are being directly implemented by the EPA
within Massachusetts pursuant to the Hazardous and Solid Waste
Amendments of 1984.
* * * * *
0
19. Amend Sec. 262.11 by revising paragraph (d) to read as follows:
Sec. 262.11 Hazardous waste determination.
* * * * *
(d) If the waste is determined to be hazardous, the generator must
refer to parts 261, 264, 265, 266, 267, 268, and 273 of this chapter
for possible exclusions or restrictions pertaining to management of the
specific waste.
0
20. Amend Sec. 262.23 by adding paragraph (f) to read as follows:
Sec. 262.23 Use of the manifest.
* * * * *
(f) For rejected shipments of hazardous waste or container residues
contained in non-empty containers that are returned to the generator by
the designated facility (following the procedures of 40 CFR 264.72(f)
or 265.72(f)), the generator must:
(1) Sign either:
(i) Item 20 of the new manifest if a new manifest is used for the
returned shipment; or
(ii) Item 18c of the original manifest if the original manifest is
used for the returned shipment;
(2) Provide the transporter a copy of the manifest;
(3) Within 30 days of delivery of the rejected shipment or
container residues contained in non-empty containers, send a copy of
the manifest to the designated facility that returned the shipment to
the generator; and
(4) Retain at the generator's site a copy of each manifest for at
least three years from the date of delivery.
0
21. Amend Sec. 262.34 as follows:
0
a. By revising paragraph (a) introductory text.
0
b. By removing the undesignated sentence after paragraph (a)(1)(iv)(B).
0
c. By revising paragraph (a)(2).
0
d. By revising paragraph (a)(4).
0
e. By adding paragraph (a)(5)
0
f. By revising paragraph (b).
0
g. By revising paragraph (c)(1) introductory text.
0
h. By revising paragraph (c)(2).
0
i. By revising paragraph (d)(4).
0
j. By revising paragraph (f).
0
k. By revising paragraph (i).
The revisions and addition read as follows:
Sec. 262.34 Accumulation time.
(a) A generator who generates 1,000 kilograms or greater of
hazardous waste in a calendar month, or greater than 1 kg of acute
hazardous waste listed in Sec. Sec. 261.31 or 261.33(e) in a calendar
month, may accumulate hazardous waste on-site for 90 days or less
without a permit or without having interim status, provided that:
* * * * *
(2) The date upon which each period of accumulation begins is
clearly marked and visible for inspection on each container and tank;
* * * * *
(4) The generator complies with the requirements for owners or
operators in subparts C and D in 40 CFR part 265, with Sec. 265.16,
and with all applicable requirements under 40 CFR part 268.
(5) Generators accumulating hazardous waste on-site for 90 days or
less without a permit or without having interim status are exempt from
all the requirements in subparts G and H of 40 CFR part 265, except for
40 CFR 265.111 and 265.114.
(b) A generator of 1,000 kilograms or greater of hazardous waste in
a calendar month, or greater than 1 kg of acute hazardous waste listed
in Sec. Sec. 261.31 or 261.33(e) in a calendar month, who accumulates
hazardous waste or acute hazardous waste for more than 90 days is an
operator of a storage facility and is subject to the requirements of 40
CFR parts 264, 265, and 267 and the permit requirements of 40 CFR part
270 unless he has been granted an extension to the 90-day period. Such
extension may be granted by EPA if hazardous wastes must remain on-site
for longer than 90 days due to unforeseen, temporary, and
uncontrollable circumstances. An extension of up to 30 days may be
granted at the discretion of the Regional Administrator on a case-by-
case basis.
(c)(1) A generator may accumulate as much as 55 gallons of
hazardous waste or one quart of acutely hazardous waste listed in Sec.
261.31 or Sec. 261.33(e) in containers at or near any point of
generation where wastes initially accumulate which is under the control
of the operator of the process generating the waste, without a permit
or interim status and without complying with paragraph (a) or (d) of
this section provided he:
* * * * *
(2) A generator who accumulates either hazardous waste or acutely
hazardous waste listed in Sec. 261.31 or Sec. 261.33(e) in excess of
the amounts listed in paragraph (c)(1) of this section at or near any
point of generation must, with respect to that amount of excess waste,
comply within three days with paragraph (a) of this section or other
applicable provisions of this chapter. During the three day period the
generator must continue to comply with paragraphs (c)(1)(i) and (ii) of
this section. The generator must mark the container holding the excess
accumulation of hazardous waste with the date the excess amount began
accumulating.
* * * * *
(d) * * *
(4) The generator complies with the requirements of paragraphs
(a)(2) and (a)(3) of this section, the requirements of subpart C of
part 265, with all applicable requirements under 40 CFR part 268; and
* * * * *
[[Page 13005]]
(f) A generator who generates greater than 100 kilograms but less
than 1000 kilograms of hazardous waste in a calendar month and who
accumulates hazardous waste in quantities exceeding 6000 kg or
accumulates hazardous waste for more than 180 days (or for more than
270 days if he must transport his waste, or offer his waste for
transportation, over a distance of 200 miles or more) is an operator of
a storage facility and is subject to the requirements of 40 CFR parts
264, 265 and 267, and the permit requirements of 40 CFR part 270 unless
he has been granted an extension to the 180-day (or 270-day if
applicable) period. Such extension may be granted by EPA if hazardous
wastes must remain on-site for longer than 180 days (or 270 days if
applicable) due to unforeseen, temporary, and uncontrollable
circumstances. An extension of up to 30 days may be granted at the
discretion of the Regional Administrator on a case-by-case basis.
* * * * *
(i) A generator accumulating F006 in accordance with paragraphs (g)
and (h) of this section who accumulates F006 waste on-site for more
than 180 days (or for more than 270 days if the generator must
transport this waste, or offer this waste for transportation, over a
distance of 200 miles or more), or who accumulates more than 20,000
kilograms of F006 waste on-site is an operator of a storage facility
and is subject to the requirements of 40 CFR parts 264, 265 and 267,
and the permit requirements of 40 CFR part 270 unless the generator has
been granted an extension to the 180-day (or 270-day if applicable)
period or an exception to the 20,000 kilogram accumulation limit. Such
extensions and exceptions may be granted by EPA if F006 waste must
remain on-site for longer than 180 days (or 270 days if applicable) or
if more than 20,000 kilograms of F006 waste must remain on-site due to
unforeseen, temporary, and uncontrollable circumstances. An extension
of up to 30 days or an exception to the accumulation limit may be
granted at the discretion of the Regional Administrator on a case-by-
case basis.
* * * * *
0
22. Amend Sec. 262.41 by revising paragraph (b) to read as follows:
Sec. 262.41 Biennial report.
* * * * *
(b) Any generator who treats, stores, or disposes of hazardous
waste on-site must submit a biennial report covering those wastes in
accordance with the provisions of 40 CFR parts 270, 264, 265, 266, and
267. Reporting for exports of hazardous waste is not required on the
Biennial Report form. A separate annual report requirement is set forth
at 40 CFR 262.56.
* * * * *
0
23. Amend Sec. 262.42 as follows:
0
a. By revising paragraph (a)(1).
0
b. By revising paragraph (a)(2) introductory text.
0
c. By adding paragraph (c).
The revisions and addition read as follows:
Sec. 262.42 Exception reporting.
(a)(1) A generator of 1,000 kilograms or greater of hazardous waste
in a calendar month, or greater than 1 kg of acute hazardous waste
listed in Sec. 261.31 or Sec. 261.33(e) in a calendar month, who does
not receive a copy of the manifest with the handwritten signature of
the owner or operator of the designated facility within 35 days of the
date the waste was accepted by the initial transporter must contact the
transporter and/or the owner or operator of the designated facility to
determine the status of the hazardous waste.
(2) A generator of 1,000 kilograms or greater of hazardous waste in
a calendar month, or greater than 1 kg of acute hazardous waste listed
in Sec. 261.31or Sec. 261.33(e) in a calendar month, must submit an
Exception Report to the EPA Regional Administrator for the Region in
which the generator is located if he has not received a copy of the
manifest with the handwritten signature of the owner or operator of the
designated facility within 45 days of the date the waste was accepted
by the initial transporter. The Exception Report must include:
* * * * *
(c) For rejected shipments of hazardous waste or container residues
contained in non-empty containers that are forwarded to an alternate
facility by a designated facility using a new manifest (following the
procedures of 40 CFR 264.72(e)(1) through (6) or 40 CFR 265.72(e)(1)
through (6)), the generator must comply with the requirements of
paragraph (a) or (b) of this section, as applicable, for the shipment
forwarding the material from the designated facility to the alternate
facility instead of for the shipment from the generator to the
designated facility. For purposes of paragraph (a) or (b) of this
section for a shipment forwarding such waste to an alternate facility
by a designated facility:
(1) The copy of the manifest received by the generator must have
the handwritten signature of the owner or operator of the alternate
facility in place of the signature of the owner or operator of the
designated facility, and
(2) The 35/45/60-day timeframes begin the date the waste was
accepted by the initial transporter forwarding the hazardous waste
shipment from the designated facility to the alternate facility.
Sec. 262.60 [Amended]
0
24. Amend Sec. 262.60(b) introductory text by removing the citation
``Sec. 262.20(a)'' and adding in its place ``Sec. 262.20''.
PART 263--STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE
0
25. The authority citation for part 263 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6924 and 6925.
0
26. Revise Sec. 263.12 to read as follows:
Sec. 263.12 Transfer facility requirements.
A transporter who stores manifested shipments of hazardous waste in
containers meeting the requirements of Sec. 262.30 at a transfer
facility for a period of ten days or less is not subject to regulation
under parts 270, 264, 265, 267, and 268 of this chapter with respect to
the storage of those wastes.
PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
0
27. The authority citation for part 264 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6924 and 6925.
Sec. 264.52 [Amended]
0
28. Amend Sec. 264.52(b) in the first sentence by removing the words
``, or part 1510 of chapter V''.
Sec. 264.56 [Amended]
0
29. Amend paragraph Sec. 264.56(d)(2) introductory text by removing
the parenthetical phrase ``(in the applicable regional contingency plan
under part 1510 of this title)''.
0
30. Amend Sec. 264.72 as follows:
0
a. By revising paragraph (e)(6).
0
b. By revising paragraph (f)(1).
0
c. By revising paragraph (f)(7).
0
d. By adding paragraph (f)(8).
The revisions and addition read as follows:
Sec. 264.72 Manifest discrepancies.
* * * * *
(e) * * *
(6) Sign the Generator's/Offeror's Certification to certify, as the
offeror of the shipment, that the waste has been
[[Page 13006]]
properly packaged, marked and labeled and is in proper condition for
transportation, and mail a signed copy of the manifest to the generator
identified in Item 5 of the new manifest.
* * * * *
(f) * * *
(1) Write the facility's U.S. EPA ID number in Item 1 of the new
manifest. Write the facility's name and mailing address in Item 5 of
the new manifest. If the mailing address is different from the
facility's site address, then write the facility's site address in the
designated space for Item 5 of the new manifest.
* * * * *
(7) For full load rejections that are made while the transporter
remains at the facility, the facility may return the shipment to the
generator with the original manifest by completing Item 18a and 18b of
the manifest and supplying the generator's information in the Alternate
Facility space. The facility must retain a copy for its records and
then give the remaining copies of the manifest to the transporter to
accompany the shipment. If the original manifest is not used, then the
facility must use a new manifest and comply with paragraphs (f)(1),
(2), (3), (4), (5), (6), and (8) of this section.
(8) For full or partial load rejections and container residues
contained in non-empty containers that are returned to the generator,
the facility must also comply with the exception reporting requirements
in Sec. 262.42(a).
* * * * *
Sec. 264.314 [Amended]
0
31. In Sec. 264.314, amend paragraph (d) introductory text by revising
``(e)(1)'' to read ``(d)(1)'' and by revising ``(e)(2)'' to read
``(d)(2)''.
Sec. 264.316 [Amended]
0
32. In Sec. 264.316, amend paragraph (b) by removing the citation
``Sec. 264.314(e)'' and adding in its place ``Sec. 264.314(d)''.
Sec. 264.552 [Amended]
0
33. Amend Sec. 264.552 as follows:
0
a. In paragraph (a)(3)(ii), remove the citation ``Sec. 264.314(d)''
and add in its place ``Sec. 264.314(c)'';
0
b. In paragraph (a)(3)(iii), remove the citation ``Sec. 264.314(f)''
and add in its place ``Sec. 264.314(e)'';
0
c. In paragraph (a)(3)(iv), remove the citation ``Sec. 264.314(c)''
and add in its place ``Sec. 264.314(b)'' and remove the citation
``Sec. 264.314(e)'' and add in its place ``Sec. 264.314(d)''; and
0
d. In paragraph (e)(4)(iv)(F), remove the citation ``260.11(a)(11)''
and add in its place ``260.11(c)(3)(v)''.
PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
0
34. The authority citation for part 265 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912, 6922-6925, 6935-6937, unless
otherwise noted.
Sec. 265.52 [Amended]
0
35. Amend paragraph Sec. 265.52(b) in the first sentence by removing
the words ``or part 1510 of chapter V''.
Sec. 265.56 [Amended]
0
36. Amend Sec. 265.56(d)(2) by removing the parenthetical phrase ``(in
the applicable regional contingency plan under part 1510 of this
title)''.
0
37. Amend Sec. 265.72 as follows:
0
a. By revising paragraph (e)(6).
0
b. By revising paragraph (f)(1).
0
c. By revising paragraph (f)(7).
0
d. By adding paragraph (f)(8).
The revisions and addition read as follows:
Sec. 265.72 Manifest discrepancies.
* * * * *
(e) * * *
(6) Sign the Generator's/Offeror's Certification to certify, as the
offeror of the shipment, that the waste has been properly packaged,
marked and labeled and is in proper condition for transportation, and
mail a signed copy of the manifest to the generator identified in Item
5 of the new manifest.
* * * * *
(f) * * *
(1) Write the facility's U.S. EPA ID number in Item 1 of the new
manifest. Write the facility's name and mailing address in Item 5 of
the new manifest. If the mailing address is different from the
facility's site address, then write the facility's site address in the
designated space for Item 5 of the new manifest.
* * * * *
(7) For full load rejections that are made while the transporter
remains at the facility, the facility may return the shipment to the
generator with the original manifest by completing Item 18a and 18b of
the manifest and supplying the generator's information in the Alternate
Facility space. The facility must retain a copy for its records and
then give the remaining copies of the manifest to the transporter to
accompany the shipment. If the original manifest is not used, then the
facility must use a new manifest and comply with paragraphs (f)(1),
(2), (3), (4), (5), (6), and (8) of this section.
(8) For full or partial load rejections and container residues
contained in non-empty containers that are returned to the generator,
the facility must also comply with the exception reporting requirements
in Sec. 262.42(a).
* * * * *
Sec. 265.314 [Amended]
0
38. In Sec. 265.314, amend paragraph (e) introductory text by removing
the citation ``(f)(1)'' and adding in its place ``(e)(1)'' and by
removing the citation ``(f)(2)'' and adding in its place ``(e)(2)''.
Sec. 265.316 [Amended]
0
39. In Sec. 265.316, amend paragraph (b) by removing the citation
``Sec. 265.314(f)'' and adding in its place ``Sec. 265.314(e)''.
PART 266--STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
0
40. The authority citation for part 266 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912, 6922-6925, 6935-6937, unless
otherwise noted.
0
41. Amend Sec. 266.20 by revising paragraph (b) to read as follows:
Sec. 266.20 Applicability.
* * * * *
(b) Products produced for the general public's use that are used in
a manner that constitutes disposal and that contain recyclable
materials are not presently subject to regulation if the recyclable
materials have undergone a chemical reaction in the course of producing
the products so as to become inseparable by physical means and if such
products meet the applicable treatment standards in subpart D of part
268 (or applicable prohibition levels in Sec. 268.32 of this chapter
or RCRA section 3004(d), where no treatment standards have been
established) for each recyclable material (i.e., hazardous waste) that
they contain, and the recycler complies with Sec. 268.7(b)(6) of this
chapter.
* * * * *
0
42. Revise Sec. 266.22 to read as follows:
Sec. 266.22 Standards applicable to storers of materials that are to
be used in a manner that constitutes disposal who are not the ultimate
users.
Owners or operators of facilities that store recyclable materials
that are to be used in a manner that constitutes disposal, but who are
not the ultimate users of the materials, are regulated under all
applicable provisions of subparts A through L of parts 264, 265 and
267, and parts 270 and 124 of this chapter and the notification
requirement under section 3010 of RCRA.
[[Page 13007]]
0
43. Amend Sec. 266.70 by revising paragraph (d) to read as follows:
Sec. 266.70 Applicability and requirements.
* * * * *
(d) Recyclable materials that are regulated under this subpart that
are accumulated speculatively (as defined in Sec. 261.1(c) of this
chapter) are subject to all applicable provisions of parts 262 through
265, 267, 270, and 124 of this chapter.
Sec. 266.80 [Amended]
0
44. Amend Sec. 266.80 by adding paragraphs (b)(1)(viii) and
(b)(2)(viii) to read as follows:
Sec. 266.80 Applicability and requirements.
* * * * *
(b) * * *
(1) * * *
(viii) All applicable provisions in part 267 of this chapter.
(2) * * *
(viii) All applicable provisions in part 267 of this chapter.
0
45. Amend Sec. 266.101 by revising paragraph (c) to read as follows:
Sec. 266.101 Management prior to burning.
* * * * *
(c) Storage and treatment facilities. (1) Owners and operators of
facilities that store or treat hazardous waste that is burned in a
boiler or industrial furnace are subject to the applicable provisions
of parts 264, 265, 267 and 270 of this chapter, except as provided by
paragraph (c)(2) of this section. These standards apply to storage and
treatment by the burner as well as to storage and treatment facilities
operated by intermediaries (processors, blenders, distributors, etc.)
between the generator and the burner.
(2) Owners and operators of facilities that burn, in an onsite
boiler or industrial furnace exempt from regulation under the small
quantity burner provisions of Sec. 266.108, hazardous waste that they
generate are exempt from the regulations of parts 264, 265, 267 and 270
of this chapter applicable to storage units for those storage units
that store mixtures of hazardous waste and the primary fuel to the
boiler or industrial furnace in tanks that feed the fuel mixture
directly to the burner. Storage of hazardous waste prior to mixing with
the primary fuel is subject to regulation as prescribed in paragraph
(c)(1) of this section.
PART 268--LAND DISPOSAL RESTRICTIONS
0
46. The authority citation for part 268 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, and 6924.
0
47. In Sec. 268.40(j), the table ``Treatment Standards for Hazardous
Wastes,'' is amended as follows:
0
a. By revising the entry for F025.
0
b. By revising the entry for K031.
0
c. By revising the entry for K156.
0
d. By revising the entry for K157.
0
e. By revising the entry for K158.
Sec. 268.40 Applicability of treatment standards.
* * * * *
(j) * * *
Treatment Standards for Hazardous Wastes
[Note: NA means not applicable]
----------------------------------------------------------------------------------------------------------------
Regulated hazardous constituent Wastewaters Nonwastewaters
Waste -------------------------------------------------------------------------------------
Waste description and Concentration Concentration \5\ in
code treatment/ \3\ in mg/L; mg/kg unless noted
regulatory Common name CAS \2\ No. or technology as ``mg/L TCLP''; or
subcategory \1\ code \4\ technology code \4\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
F025..... Condensed light Carbon tetrachloride.......... 56-23-5 0.057 6.0
ends from the Chloroform.................... 67-66-3 0.046 6.0
production of 1,2-Dichloroethane............ 107-06-2 0.21 6.0
certain 1,1-Dichloroethylene.......... 75-35-4 0.025 6.0
chlorinated Methylene chloride............ 75-9-2 0.089 30
aliphatic 1,1,2-Trichloroethane......... 79-00-5 0.054 6.0
hydrocarbons, Trichloroethylene............. 79-01-6 0.054 6.0
by free Vinyl chloride................ 75-01-4 0.27 6.0
radical
catalyzed
processes.
These
chlorinated
aliphatic
hydrocarbons
are those
having carbon
chain lengths
ranging from
one to and
including
five, with
varying
amounts and
positions of
chlorine
substitution.
F025--Light
Ends
Subcategory.
Spent filters Carbon tetrachloride.......... 56-23-5 0.057 6.0
and filter Chloroform.................... 67-66-3 0.046 6.0
aids, and Hexachlorobenzene............. 118-74-1 0.055 10
spent Hexachlorobutadiene........... 87-68-3 0.055 5.6
desiccant Hexachloroethane.............. 67-72-1 0.055 30
wastes from Methylene chloride............ 75-9-2 0.089 30
the production 1,1,2-Trichloroethane......... 79-00-5 0.054 6.0
of certain Trichloroethylene............. 79-01-6 0.054 6.0
chlorinated Vinyl chloride................ 75-01-4 0.27 6.0
aliphatic
hydrocarbons,
by free
radical
catalyzed
processes.
These
chlorinated
aliphatic
hydrocarbons
are those
having carbon
chain lengths
ranging from
one to and
including
five, with
varying
amounts and
positions of
chlorine
substitution.
F025--Spent
Filters/Aids
and Desiccants
Subcategory.
* * * * * * *
K031..... By-product Arsenic....................... 7440-38-2 1.4 5.0 mg/L TCLP.
salts
generated in
the production
of MSMA and
cacodylic acid.
[[Page 13008]]
* * * * * * *
K156..... Organic waste Acetonitrile.................. 75-05-8 5.6 1.8
(including Acetophenone.................. 98-86-2 0.010 9.7
heavy ends, Aniline....................... 62-53-3 0.81 14
still bottoms, Benomyl....................... 17804-35-2 0.056 1.4
light ends, Benzene....................... 71-43-2 0.14 10
spent Carbaryl...................... 63-25-2 0.006 0.14
solvents, Carbenzadim................... 10605-21-7 0.056 1.4
filtrates, and Carbofuran.................... 1563-66-2 0.006 0.14
decantates) Carbosulfan................... 55285-14-8 0.028 1.4
from the Chlorobenzene................. 108-90-7 0.057 6.0
production of Chloroform.................... 67-66-3 0.046 6.0
carbamates and o-Dichlorobenzene............. 95-50-1 0.088 6.0
carbamoyl Methomyl...................... 16752-77-5 0.028 0.14
oximes (This Methylene chloride............ 75-09-2 0.089 30
listing does Methyl ethyl ketone........... 78-93-3 0.28 36
not apply to Naphthalene................... 91-20-3 0.059 5.6
wastes Phenol........................ 108-95-2 0.039 6.2
generated from Pyridine...................... 110-86-1 0.014 16
the Toluene....................... 108-88-3 0.080 10
manufacture of Triethylamine................. 121-44-8 0.081 1.5
3-iodo-2-
propynyl n-
butylcarbamate
.).
K157..... Wastewaters Carbon tetrachloride.......... 56-23-5 0.057 6.0
(including Chloroform.................... 67-66-3 0.046 6.0
scrubber Chloromethane................. 74-87-3 0.19 30
waters, Methomyl...................... 16752-77-5 0.028 0.14
condenser Methylene chloride............ 75-09-2 0.089 30
waters, Methyl ethyl ketone........... 78-93-3 0.28 36
washwaters, Pyridine...................... 110-86-1 0.014 16
and separation Triethylamine................. 121-44-8 0.081 1.5
waters) from
the production
of carbamates
and carbamoyl
oximes (This
listing does
not apply to
wastes
generated from
the
manufacture of
3-iodo-2-
propynyl n-
butylcarbamate
.)
K158..... Bag house dusts Benomyl....................... 17804-35-2 0.056 1.4
and filter/ Benzene....................... 71-43-2 0.14 10
separation Carbenzadim................... 10605-21-7 0.056 1.4
solids from Carbofuran.................... 1563-66-2 0.006 0.14
the production Carbosulfan................... 55285-14-8 67- 0.028 1.4
of carbamates Chloroform.................... 66-3 0.046 6.0
and carbamoyl Methylene chloride............ 75-09-2 0.089 30
oximes (This Phenol........................ 108-95-2 0.039 6.2
listing does
not apply to
wastes
generated from
the
manufacture of
3-iodo-2-
propynyl n-
butylcarbamate
.).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Footnotes to Treatment Standard Table 268.40
1. The waste descriptions provided in this table do not replace
waste descriptions in 40 CFR 261. Descriptions of Treatment/
Regulatory Subcategories are provided, as needed, to distinguish
between applicability of different standards.
2. CAS means Chemical Abstract Services. When the waste code
and/or regulated constituents are described as a combination of a
chemical with its salts and/or esters, the CAS number is given for
the parent compound only.
3. Concentration standards for wastewaters are expressed in mg/L
and are based on analysis of composite samples.
4. All treatment standards expressed as a Technology Code or
combination of Technology Codes are explained in detail in 40 CFR
268.42 Table 1--Technology Codes and Descriptions of Technology-
Based Standards.
5. Except for Metals (EP or TCLP) and Cyanides (Total and
Amenable) the nonwastewater treatment standards expressed as a
concentration were established, in part, based upon incineration in
units operated in accordance with the technical requirements of 40
CFR Part 264 Subpart O or Part 265 Subpart O, or based upon
combustion in fuel substitution units operating in accordance with
applicable technical requirements. A facility may comply with these
treatment standards according to provisions in 40 CFR 268.40(d). All
concentration standards for nonwastewaters are based on analysis of
grab samples.
* * * * *
0
48. In Sec. 268.48(a), the table ``Universal Treatment Standards,'' is
amended by adding the specific entries, ``bis(2-Ethylhexyl)phthalate''
and for ``Hexachloropropylene'' in alphabetical order:
Sec. 268.48 Universal Treatment Standards.
(a) * * *
[[Page 13009]]
Universal Treatment Standards
[Note: NA means not applicable]
----------------------------------------------------------------------------------------------------------------
Nonwastewater
standard
Wastewater concentration
Regulated constituent common name CAS \1\ No. standard \3\ in mg/kg
concentration unless noted
\2\ in mg/l as ``mg/l
TCLP''
----------------------------------------------------------------------------------------------------------------
Organic Constituents
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Ethyl ether..................................................... 60-29-7 0.12 160
bis(2-Ethylhexyl)phthalate...................................... 117-81-7 0.28 28
* * * * * * *
Hexachloroethane................................................ 67-72-1 0.055 30
Hexachloropropylene............................................. 1888-71-7 0.035 30
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Footnotes to Table UTS
1. CAS means Chemical Abstract Services. When the waste code
and/or regulated constituents are described as a combination of a
chemical with it's salts and/or esters, the CAS number is given for
the parent compound only.
2. Concentration standards for wastewaters are expressed in mg/l
and are based on analysis of composite samples.
3. Except for Metals (EP or TCLP) and Cyanides (Total and
Amenable) the nonwastewater treatment standards expressed as a
concentration were established, in part, based upon incineration in
units operated in accordance with the technical requirements of 40
CFR part 264, subpart O or 40 CFR part 265, subpart O, or based upon
combustion in fuel substitution units operating in accordance with
applicable technical requirements. A facility may comply with these
treatment standards according to provisions in 40 CFR 268.40(d). All
concentration standards for nonwastewaters are based on analysis of
grab samples.
* * * * *
PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE
PERMIT PROGRAM
0
49. The authority citation for part 270 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and
6974.
0
50. Amend Sec. 270.4 as follows:
0
a. By redesignating paragraph (a)(1) as paragraph (a)(1)(i).
0
b. By redesignating paragraph (a)(2) as paragraph (a)(1)(ii).
0
c. By redesignating paragraph (a)(3) as paragraph (a)(1)(iii).
0
d. By redesignating paragraph (a)(4) as paragraph (a)(1)(iv).
0
e. By redesignating paragraph (a) as introductory text (a)(1).
0
f. By adding paragraph (a)(2) to read as follows:
Sec. 270.4 Effect of a permit.
(a) * * *
(2) A permit may be modified, revoked and reissued, or terminated
during its term for cause as set forth in Sec. Sec. 270.41 and 270.43,
or the permit may be modified upon the request of the permittee as set
forth in Sec. 270.42.
* * * * *
[FR Doc. 2010-5700 Filed 3-17-10; 8:45 am]
BILLING CODE 6560-50-P