45CSR25
TITLE 45 LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY
SERIES 25 CONTROL OF AIR POLLUTION FROM HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES
§45-25-1. General.
1.1. Scope.
1.1.a. This rule establishes and adopts a program of regulation over air emissions and emission standards for the treatment, storage, and disposal of hazardous waste promulgated by the United States Environmental Protection Agency pursuant to the Resource Conservation and Recovery Act, as amended. This rule codifies general procedures and criteria to implement emission standards set forth in the 40 CFR Parts 260, 261, 262, 264, 265, 266, 270, and 279 as listed in Table 25-A below. The Secretary hereby adopts these standards by reference. The Secretary also adopts associated reference methods, performance specifications, and other test methods that are appended to these standards.
1.1.b. The purpose of this rule is to achieve and maintain such levels of air quality that will protect the public health and safety and the environment from the effects of improper, inadequate or unsound treatment, storage or disposal of hazardous waste. Further, all persons engaged in the treatment, storage or disposal of hazardous waste shall give careful consideration to the effects of the resultant emissions on the air quality or the areas affected by such hazardous waste or any constituent thereof in such quantities as to cause that would cause ambient air concentrations that may be injurious to human health or welfare or that would interfere with the enjoyment of life or property.
1.1.c. Neither compliance with the provisions of this rule nor the absence of specific language to cover particular situations constitutes approval or implies consent or condonement condonation of any emission that is released in any locality in a manner or amount as to that would cause or contribute to statutory air pollution. Neither does it exempt nor excuse any person from complying with other applicable laws, ordinances, regulations or orders of governmental entities having jurisdiction over hazardous waste treatment, storage or disposal facilities.
1.1.d. This rule is promulgated pursuant to W.Va. Code §§ 22-5-4 and 22-18-6. Recognizing that each article has its own enforcement sections, it is the intent of the Secretary that enforcement shall be implemented in accordance with W.Va. Code §22-18-1, et seq., where practicable.
1.1.e. Permit applications shall be processed in accordance with the permitting procedures set forth in W.Va. Code § 22-18-1, et seq., 33CSR20, and this rule.
1.2. Authority. -- W.Va. Code §§ 22-5-4 and 22-18-6.
1.3. Filing Date. -- May 15, 2017.
1.4. Effective Date. -- June 1, 2017.
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1.5. Incorporation By Reference.
1.5.a. Federal Counterpart Regulation. -- The Secretary has determined that a federal counterpart regulation exists, and in accordance with the Secretary’s recommendation, with limited exception, this rule incorporates by reference the provisions contained in 40 CFR Parts 260, 261, 262, 264, 265, 266, 270, and 279 as listed in Table 25-A below, effective June 1, 2016 June 1, 2017.
1.5.b. This rule incorporates by reference the provisions contained in 33CSR20, “Hazardous Waste Management System” that are in effect on the date this rule becomes effective, except for any provision in 33CSR20 that incorporates by reference the Code of Federal Regulations.
§45-25-2. Definitions.
2.1. “Air Pollutants” means solids, liquids or gases which, if discharged into the air, may result in statutory air pollution.
2.2. “Air Pollution” or “statutory air pollution” mean, and are limited to, the discharge into the air by the act of man of substances (liquid, solid, gaseous, organic or inorganic) in a locality, manner, and amount as to be injurious to human health or welfare, animal or plant life, or property, or which would interfere with the enjoyment of life or property.
2.3. “Air Pollution Control Equipment” means any equipment used for collecting or converting hazardous waste emissions for the purpose of preventing or reducing emissions of these materials into the open air from hazardous waste treatment, storage or disposal facilities.
2.4. “Best Available Control Technology” or “BACT” means an emission standard based on the maximum degree of reduction for each pollutant that would be emitted from any hazardous waste treatment, storage or disposal facility that the Secretary, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for the facility through application of production processes or available methods, systems or techniques. If the Secretary determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard or combination thereof may be prescribed instead to satisfy the requirement for the application of best available control technology. The standard shall, to the extent possible, set forth the emission reduction achievable by implementation of the design, equipment, work practice or operational standard and shall provide for compliance by means that achieve equivalent results.
2.5. “CAA” means the federal Clean Air Act, as amended; 42 U.S.C. § 7401, et seq.
2.6. “CFR” means the Code of Federal Regulations published by the Office of the Federal Register, National Archives and Records Service, General Services Administration.
2.7. “Department” or “DEP” means the West Virginia Department of Environmental Protection.
2.8. “Facility mailing list” means the mailing list for a facility maintained by U.S. EPA in accordance with 40 CFR § 124.10(c)(1)(ix).
2.9. “Hazardous waste” means a hazardous waste as defined in 40 CFR § 261.3.
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2.10. “Infectious Medical Waste” shall have the meaning ascribed to it in 64CSR56 “Infectious Medical Waste” promulgated by the West Virginia Bureau for Public Health.
2.11. “Pathological Waste” means waste material consisting of only human or animal remains, anatomical parts or tissue, the bags or containers used to collect and transport the waste material, and animal bedding (if applicable).
2.12. “RCRA” means the federal Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act, as amended; 42 U.S.C. § 6901, et seq.
2.13. “RCRA Permit” means “West Virginia hazardous waste permit”. The following additional requirements shall apply to obtain a hazardous waste management permit in West Virginia. All references in 40 CFR Part 270 to 40 CFR Part 124 shall be deemed to be references to the applicable provisions of subsections 5.1 through 5.14. of this rule. To the extent of any inconsistency with 40 CFR Part 270, the specific provisions contained herein shall govern.
2.14. “Secretary” means the Secretary of the West Virginia Department of Environmental Protection or other person to whom the Secretary has delegated authority or duties pursuant to W.Va. Code §§ 22-1-6 or 22-1-8.
2.15. “U.S. EPA” means the United States Environmental Protection Agency.
2.16. Other words or phrases not herein defined and used in this rule shall have the meaning as ascribed in W. Va. Code §§ 22-5-2 or 22-18-3 or 33CSR20 “Hazardous Waste Management System” governing the State Hazardous Waste Management Act.
§45-25-3. Adoption of Standards.
3.1. The Secretary hereby adopts and incorporates by reference the definitions, lists, tables, appendices, conditions, or and requirements from 33CSR20, “Hazardous Waste Management System”, effective June 1, 2015 June 1, 2017, except for any provisions in 33CSR20 which incorporate by reference the Code of Federal Regulations. In case of a conflict between the Division of Air Quality and the Division of Water and Waste Management as to whether a material is a waste and if so, whether the material is a hazardous waste, the Secretary has final administrative authority to resolve the conflict.
3.2. Unless otherwise indicated, the Secretary hereby adopts and incorporates by reference the provisions contained in 40 CFR Parts 260, 261, 262, 264, 265, 266, 270, and 279 as listed in Table 25-A, effective June 1, 2016 June 1, 2017, with the following modifications:
3.2.a. Whenever the term “United States” is used, it shall also mean the State of West Virginia;
3.2.b. Whenever the terms “Administrator,” “Regional Administrator,” “Assistant Administrator for Solid Waste and Emergency Response” or “Secretary” are used, the term means the Secretary of the West Virginia Department of Environmental Protection;
3.2.c. Whenever the term “Environmental Protection Agency” is used the term also means the West Virginia Department of Environmental Protection; and
3.2.d. The distance provisions of 40 CFR § 265.382 apply only to the open burning or open detonation of military explosives in a manner that presents an uncontrolled fragment release hazard. The
3 45CSR25 applicable distance provisions of the American Table of Distances for Commercial Explosives, and of the Department of Defense Contractors Safety Manual for Ammunition and Explosives (DOD 4145.26-M), in effect as of the effective date of this rule, apply otherwise.
§45-25-4. Requirements.
4.1. Owners and operators of hazardous waste treatment, storage, and disposal facilities regulated by the provisions of this rule shall maintain a list of all permits or construction approvals received or applied for under any of the following programs and their counterpart programs administered by the Secretary, where appropriate:
4.1.a. Hazardous Waste Management Program under W. Va. Code § 22-18-1, et seq. and the rules promulgated thereunder;
4.1.b. Prevention of Significant Deterioration (PSD) Program under W. Va. Code § 22-5-1, et seq. and 45CSR14 or the CAA;
4.1.c. Nonattainment program under W. Va. Code § 22-5-1, et seq. and 45CSR19 or the CAA;
4.1.d. National Emission Standards for Hazardous Air Pollutants (NESHAP) preconstruction approval under W. Va. Code § 22-5-1, et seq. and 45CSR34 or the CAA;
4.1.e. Standards of Performance for New Stationary Sources under W. Va. Code § 22-5-1, et seq. and 45CSR16 or the CAA; and
4.1.f. Other relevant air pollution control permits, including local permits.
4.2. Owners and operators of hazardous waste treatment, storage and disposal facilities covered under this rule must comply with the personnel training requirements as specified by 40 CFR § 264.16.
4.3. Owners and operators of hazardous waste tanks, containers, surface impoundments, landfills, waste piles, land treatment, miscellaneous units, thermal treatment units, incinerators, and boiler and industrial furnace facilities must design, construct, maintain, and operate these facilities to minimize the possibility of a fire, explosion or any unplanned, sudden or non-sudden release of hazardous waste constituents to the air which could threaten human health or the environment.
4.4. Owners and operators of hazardous waste management facilities that treat, store or dispose of ignitable or reactive wastes or mix incompatible waste or incompatible wastes and other materials shall comply with the general requirements for ignitable, reactive or incompatible wastes set forth in 40 CFR § 264.17.
4.5. The owners and operators of the hazardous waste treatment, storage, and disposal facilities shall manage all hazardous waste placed in a container in accordance with the applicable air emission requirements as listed in Table 25-A below.
4.6. The owners and operators of the hazardous waste treatment, storage, and disposal facilities shall manage all hazardous waste placed in a tank in accordance with the applicable air emission requirements as listed in Table 25-A.
4.7. The owners and operators of the hazardous waste treatment, storage, and disposal facilities shall
4 45CSR25 manage all hazardous waste placed in a surface impoundment in accordance with the applicable air emission requirements as listed in Table 25-A.
4.8. The owners and operators of the hazardous waste treatment, storage, and disposal facilities shall manage all hazardous waste placed in a miscellaneous unit in accordance with the applicable air pollution standard requirements of 40 CFR 264, including but not limited to subparts AA, BB, and CC.
4.9. A hazardous waste pile must be fully enclosed or otherwise designed to prevent dispersal of the waste by wind.
4.10. Hazardous waste landfills must be covered or otherwise managed to prevent wind dispersal of the waste.
4.11. All landfills, surface impoundments, and land treatment facilities shall be located, designed, constructed, operated, maintained, and closed in a manner that will assure protection of human health and the environment. Protection of human health and the environment shall include prevention of adverse effects on air quality considering:
4.11.a. The volume and physical and chemical characteristics of the waste in the facility, including its potential for volatilization and wind dispersal;
4.11.b. The existing quality of the air, including other sources of contamination and their cumulative impact on the air;
4.11.c. The potential for health risks caused by human exposure to waste constituents;
4.11.d. The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents;
4.11.e. The potential for interference with the enjoyment of life or property; and
4.11.f. The persistence and permanence of the potential adverse effects.
4.12. Owners and operators of hazardous waste treatment, storage or disposal facilities shall utilize best available control technology (“BACT”) to limit the discharge of hazardous waste constituents to the atmosphere during:
4.12.a. Process turn-arounds;
4.12.b. Cleaning of process equipment;
4.12.c. Planned process shutdowns; and
4.12.d. Tank truck, railroad tank car, and barge cleaning.
4.13. The Secretary may, on a case-by-case basis, establish performance standards for hazardous waste combustion for control of emissions of metals, hydrogen halides, and elemental halogen, based on a finding that the standards are necessary to limit the emission rates of these constituents to levels that do not pose an unacceptable risk to human health and environment. The Secretary may require the following data from the permit applicant:
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4.13.a. Emissions of POHCs, hazardous combustion by-products, metals, and hydrogen halides, including:
4.13.a.1. Mass emission rates from the stack, and
4.13.a.2. Concentration in the gas stream exiting the stack; and
4.13.b. Air dispersion estimates for those substances, including:
4.13.b.1. Meteorological data, and
4.13.b.2. Description of the air dispersion models, and
4.13.b.3. Assumptions underlying the air dispersion models used; and
4.13.c. Expected human and environmental exposure, including:
4.13.c.1. Topographic considerations,
4.13.c.2. Population distributions,
4.13.c.3. Population activities, and
4.13.c.4. Modes, intensity, and duration of exposure; and
4.13.d. Consequences of exposure, including:
4.13.d.1. Dose-response curves for carcinogens,
4.13.d.2. Health effects based on human or animal studies for other toxic constituents,
4.13.d.3. Potential for accumulation of toxic constituents in the human body, and
4.13.d.4. Statements of expected risk to individuals or populations.
4.14. Emergency Permit. -- Notwithstanding any other provision in 40 CFR § 270.61, in the event the Secretary finds an imminent and substantial danger to human health or the environment, the Secretary may issue a temporary permit to a facility to allow treatment, storage or disposal of hazardous waste at a non- permitted facility or hazardous waste not covered by the permit for a facility with an effective permit. This emergency permit:
4.14.a. May be oral or written. If oral, it shall be followed within five (5) days by written emergency permit;
4.14.b. Shall not exceed ninety (90) days in duration;
4.14.c. Shall clearly specify the hazardous wastes to be received and the manner and location of the treatment, storage or disposal;
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4.14.d. May be terminated by the Secretary at any time without prior notice, if it is the Secretary determineds that termination is appropriate to protect human health or the environment; and
4.14.e. Shall be accompanied by public notice that includes the following:
4.14.e.1. Name and address of the office granting the emergency authorization,
4.14.e.2. Name and location of the permitted hazardous waste management facility,
4.14.e.3. A brief description of the wastes involved,
4.14.e.4. A brief description of the action authorized and reasons for authorizing it, and
4.14.e.5. Duration of the emergency permit; and
4.14.f. Shall incorporate, to the extent possible and not inconsistent with the emergency situation, all applicable requirements of this rule.
4.15. Pathological Waste Incinerators. -- The owner and or operator of a pathological waste incinerator is not subject to the requirements of this rule, unless the incinerator is charged with any mixture of infectious medical waste and hazardous waste listed in 40 CFR 261, Subpart D. The owner or operator of a pathological waste incinerator shall design, construct, and operate the facility in accordance with all applicable rules promulgated by the Secretary including, but not limited to, this rule, 45CSR6, 45CSR13, 45CSR14, 45CSR18, 45CSR19, 45CSR30, and 45CSR34, as applicable.
§45-25-5. Permit Process.
5.1. Pre-application Public Meeting and Notice.
5.1.a. Applicability. -- The requirements of subsection 5.1 shall apply to West Virginia hazardous waste management Part B permit applications seeking initial permits for hazardous waste management units. These requirements shall also apply to West Virginia hazardous waste management Part B permit applications seeking renewal of permits for hazardous waste management units, where the renewal application is proposing a significant change in facility operations. A “significant change” is any change that would qualify as a Class 3 permit modification pursuant to 40 CFR § 270.42. These requirements do not apply to permit modifications under 40 CFR § 270.42 or to applications that are submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.
5.1.b. Prior to the submission of a West Virginia hazardous waste management Part B permit application for a facility, the applicant must hold at least one meeting with the public in order to solicit questions from the community and inform the community of proposed hazardous waste management activities. The applicant shall post a sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names and addresses or email addresses.
5.1.c. The applicant shall submit a summary of the meeting, along with the list of attendees and their addresses developed under subdivision 5.1.b. and copies of any written comments or materials submitted at the meeting to the Secretary as a part of the Part B application, in accordance with 40 CFR § 270.14(b).
5.1.d. The applicant must provide public notice of the pre-application meeting at least thirty (30)
7 45CSR25 days prior to the meeting. The applicant must maintain, and provide to the Secretary upon request, documentation of the notice.
5.1.d.1. The applicant shall provide public notice in all of the following forms:
5.1.d.1.A. A newspaper advertisement. -- The applicant shall publish a notice, fulfilling the requirements in paragraph 5.1.d.2, in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility. In addition, the Secretary shall instruct the applicant to publish the notice in newspapers of general circulation in adjacent counties or equivalent jurisdictions, where the Secretary determines that the publication is necessary to inform the affected public. The notice must be published as a display advertisement;
5.1.d.1.B. A visible and accessible sign. -- The applicant shall post a notice on a clearly marked sign at or near the facility, fulfilling the requirements in paragraph 5.1.d.2. If the applicant places the sign on the facility property, then the sign must be large enough to be readable from the nearest point where the public would pass by the site;
5.1.d.1.C. A broadcast media announcement. -- The applicant shall broadcast a notice, fulfilling the requirements in paragraph 5.1.d.2, at least once on at least one local radio station or television station. The applicant may employ another medium with prior approval of the Secretary; and
5.1.d.1.D. A notice to the Department. – The applicant shall send a copy of the newspaper notice to the Secretary and the Secretary shall forward copies to the appropriate units of State and local government having jurisdiction over the area where the facility is or is proposed to be located and to each State agency having any authority under State law with respect to the construction or operation of the facility.
5.1.d.2. The notices required under paragraph 5.1.d.1 must include:
5.1.d.2.A. The date, time, and location of the meeting;
5.1.d.2.B. A brief description of the purpose of the meeting;
5.1.d.2.C. A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location;
5.1.d.2.D. A statement encouraging people to contact the facility at least seventy-two (72) hours before the meeting if they need special access to participate in the meeting; and
5.1.d.2.E. The name, address, and telephone number of a contact person for the applicant.
5.2. Public Notice Requirements at the Application Stage.
5.2.a. Applicability. -- The requirements of subsection 5.2 shall apply to all West Virginia hazardous waste management Part B permit applications seeking initial permits for hazardous waste management units. These requirements shall also apply to hazardous waste management Part B permit applications seeking renewal of permits for hazardous waste management units upon the expiration of the existing permit. These requirements do not apply to permit modifications under 40 CFR § 270.42 or permit applications submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.
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5.2.b. Notification at application submittal. -- The Secretary shall provide public notice as required in subsection 5.2 when a Part B permit application has been submitted. The Secretary shall provide public notice to:
5.2.b.1. The applicant;
5.2.b.2. All persons on a mailing list developed under subparagraph 5.8.d.1.D;
5.2.b.3. The appropriate units of State and local government having jurisdiction over the area where the facility is proposed to be located and to each State agency having any authority under State law with respect to the construction or operation of the facility that a Part B permit application has been submitted to the Secretary and is available for review; and
5.2.b.4. Any person otherwise entitled to receive notice under subdivision 5.2.b may waive the right to receive notice for any classes and categories of permits.
5.2.c. The notice shall be published within 30 days after the complete application is received by the Secretary. The notice must include:
5.2.c.1. The name and telephone number of the applicant’s contact person;
5.2.c.2. The name and telephone number of the Secretary’s contact office and a mailing address to which information, opinions, and inquiries may be directed throughout the permit review process;
5.2.c.3. An address to which people can write in order to be put on the facility mailing list;
5.2.c.4. The location where copies of the permit application and any supporting documents can be viewed and copied;
5.2.c.5. A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location on the front page of the notice; and
5.2.c.6. The date that the application was submitted.
5.2.d. Concurrent with the notice required under subdivision 5.2.b, the Secretary must place the permit application and any supporting documents in a location accessible to the public in the vicinity of the facility or at the Department’s headquarters.
5.3. Information Repository.
5.3.a. Applicability. -- The following requirements apply to all applicants seeking West Virginia hazardous waste management permits for hazardous waste management units.
5.3.b. The Secretary may assess the need, on a case-by-case basis, for an information repository. When assessing the need for an information repository, the Secretary shall consider a variety of factors, including: the level of public interest; the type of facility; the presence of an existing repository; and the proximity to the nearest copy of the administrative record. If the Secretary determines, at any time after submittal of a permit application, that there is a need for a repository, then the Secretary shall notify the facility that it must establish and maintain an information repository.
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5.3.c. The information repository shall contain all documents, reports, data, and information deemed necessary by the Secretary to fulfill the purposes for which the repository is established. The Secretary shall have the discretion to limit the contents of the repository.
5.3.d. The information repository shall be located and maintained at a site chosen by the facility. If the Secretary finds the site unsuitable for the purposes and persons for which it was established, due to problems with the location, hours of availability, access or other relevant considerations, then the Secretary shall specify a more appropriate site.
5.3.e. The Secretary shall specify requirements for informing the public about the information repository. At a minimum, the Secretary shall require the facility to provide a written notice about the information repository to all individuals on the facility mailing list.
5.3.f. The facility owner or operator shall be responsible for maintaining and updating the repository with appropriate information throughout a time period specified by the Secretary. The Secretary may close the repository at his or her discretion, based on the factors in subdivision 5.3.b.
5.4. Application for a Permit.
5.4.a. Any person who requires a permit shall complete, sign, and submit to the Secretary an appropriate application. Applications are not required for hazardous waste permits by rule issued by U.S. EPA pursuant to 40 CFR § 270.60. The Secretary shall not begin the processing of a permit application until the applicant has fully complied with the application requirements for that permit. Permit applications must comply with the signature and certification requirements of 40 CFR § 270.11.
5.4.b. The Secretary shall review every application for completeness. Each application submitted by a new hazardous waste management facility should be shall reviewed for completeness by the Secretary within 30 days of its receipt. Each application submitted by an existing hazardous waste management facility (both Part A and Part B of the application) should be shall reviewed for completeness within 60 days of receipt. Upon completing the review, the Secretary shall notify the applicant in writing whether the application is complete. If the application is incomplete, the Secretary shall list the information necessary to make the application complete. When the application is for an existing hazardous waste management facility, the Secretary shall specify in the notice of deficiency a date for submitting the necessary information. The Secretary shall notify the applicant that the application is complete upon receiving this information. After the application is completed, the Secretary may request additional information from the applicant, but only when necessary to clarify, modify or supplement previously submitted materials. The request for additional information will not render an application incomplete.
5.4.c. If the applicant fails or refuses to correct deficiencies in the application, the Secretary may deny the permit may be denied and may take appropriate enforcement actions may be taken under the applicable statutory provisions of W.Va. Code §§ 22-18-1, et seq. and 22-5-1, et seq.
5.4.d. If the Secretary decides that a site visit is necessary for any reason in conjunction with the processing of an application, he or she shall notify the applicant and schedule a date for the site visit shall be scheduled.
5.4.e. The effective date of an application is the date on which the Secretary notifies the applicant that the application is complete as provided for in subdivision 5.4.b.
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5.4.f. For each application, the Secretary shall, no later than the date the Secretary receives a complete application, prepare and mail to the applicant a project decision schedule. The schedule shall specify target dates by which the Secretary intends to:
5.4.f 1. Prepare a draft permit;
5.4.f.2. Give public notice;
5.4.f.3. Complete the public comment period, including any public hearing; and
5.4.f.4. Issue a final permit.
5.5. Modification, Revocation and Reissuance or Termination of Permits.
5.5.a. Permits may be modified, revoked and reissued, or terminated either at the request of an interested person (including the permittee) or upon the Secretary’s initiative. However, permits may only be modified, revoked and reissued, or terminated for the reasons specified in 40 CFR §§ 270.41 or 270.43. All requests shall be in writing and contain facts or reasons supporting the request.
5.5.b. If the Secretary decides the request is not justified, he or she shall send the requester a brief written response giving a reason for the decision. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice, comment or hearing. Denials by the Secretary may be appealed to the Air Quality Board in accordance with W. Va. Code § 22B-1-1, et seq. and 22B-2- 1, et seq.
5.5.b.1. If the Secretary tentatively decides to modify or revoke and reissue a permit under 40 CFR §§ 270.41 or 270.42(c), he or she shall prepare a draft permit under subsection 5.6 below incorporating the proposed changes. The Secretary may request additional information and, in the case of a modified permit, may require the submission of an updated application. In the case of a revoked and reissued permit, the Secretary shall require the submission of a new application.
5.5.b.2. In a permit modification, only those conditions to be modified shall be reopened when a new draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit. When a permit is revoked and reissued, the entire permit is reopened just as if the permit had expired and was being reissued. During any revocation and reissuance proceeding, the permittee shall comply with all conditions of the existing permit until a new final permit is reissued.
5.5.b.3. “Classes 1 and 2 Modifications” as defined in 40 CFR §§ 270.42(a) and (b) are not subject to the requirements of this subsection.
5.5.c. If the Secretary tentatively decides to terminate a permit under 40 CFR § 270.43, he or she shall issue a Notice of Intent to Terminate. A Notice of Intent to Terminate is a type of draft permit that follows the same procedures as any draft permit prepared under subsection 5.6. of this rule.
5.6. Draft Permits.
5.6.a. Once an application is complete, the Secretary shall tentatively decide whether to prepare a draft permit or to deny the application.
5.6.b. If the Secretary tentatively decides to deny the permit application, he or she shall issue a
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Notice of Intent to Deny. A Notice of Intent to Deny the permit application is a type of draft permit which follows the same procedures as a draft permit. If the Secretary’s final decision is that the tentative decision to deny the permit application was incorrect, he or she shall withdraw the Notice of Intent to Deny and proceed to prepare a draft permit.
5.6.c. If the Secretary tentatively decides to issue a permit, he or she shall prepare a draft permit that contains the following information:
5.6.c.1. All conditions under 40 CFR §§ 270.30 and 270.32;
5.6.c.2. All compliance schedules under 40 CFR § 270.33;
5.6.c.3. All monitoring requirements under 40 CFR § 270.31; and
5.6.c.4. Standards for treatment, storage, disposal, and other permit conditions under 40 CFR § 270.30.
5.6.d. All draft permits prepared by the Secretary shall be accompanied by a fact sheet if required under subdivision 5.7.a and shall be based on the administrative record, publicly noticed and made available for public comment.
5.6.e. In addition to the requirements of subsection 5.6, public notice of the preparation of a draft permit shall be given by the methods contained in the applicable Federal Regulation.
5.7. Fact Sheet.
5.7.a. The Secretary shall prepare a fact sheet shall be prepared for each draft permit that the Secretary he or she finds is the subject of wide-spread public interest or raises major issues. The fact sheet shall briefly set forth the principal facts and the significant factual, legal, and methodological and policy questions considered in preparing the draft permit. The Secretary shall send the fact sheet to the applicant and, on request, to any other person.
5.7.b. The fact sheet shall include, when applicable:
5.7.b.1. A brief description of the type of facility or activity which is the subject of the draft permit;
5.7.b.2. The type and quantity of waste, fluids or pollutants which are proposed to be or are being treated, stored, disposed of, injected, emitted or discharged;
5.7.b.3. A brief summary of the basis for the draft permit conditions, including references to applicable statutory or regulatory provisions and appropriate supporting references to the administrative record;
5.7.b.4. Reasons why any requested variances or alternatives to required standards do or do not appear justified;
5.7.b.5. A description for reaching a final decision on a draft permit, including;
5.7.b.5.A. The beginning and the ending dates of the comment period and the address where
12 45CSR25 comments will be received;
5.7.b.5.B. Procedures for requesting a hearing and the nature of that hearing; and
5.7.b.5.C. Any other procedures by which the public may participate in the final decision; and
5.7.b.6. Name and telephone number of a person to contact for additional information.
5.8. Public Notice of Permit Actions and Public Comment Period.
5.8.a. Scope. -- The Secretary shall give public notice if the following actions have occurred:
5.8.a.1. A draft permit has been prepared; and
5.8.a.2. A hearing has been scheduled.
5.8.b. No public notice is required when the Secretary denies, pursuant to subsection 5.5, a request for permit modification, revocation and reissuance, or termination is denied under subsection 5.5. The Secretary shall provide written notice of that denial shall be given to the requester and to the permittee.
5.8.c. Timing. -- Public notice of the preparation of a draft permit, including a Notice of Intent to Deny a Permit Application, required under subdivision 5.8.a shall allow at least forty-five (45) days for public comment. Public notice of a public hearing shall be given at least thirty (30) days before the hearing. Public notice of the hearing may be given at the same time as public notice of the draft permit and the two notices may be combined.
5.8.d. Methods. – The Secretary shall provide public notice of activities described in subdivision 5.8.a shall be provided by the following methods:
5.8.d.1. By mailing a copy of a notice to the following persons (any person otherwise entitled to receive notice under this paragraph may waive his or her rights to receive notice for any classes and categories of permits):
5.8.d.1.A. The applicant;
5.8.d.1.B. The West Virginia Division of Water & Waste Management and the Division of Air Quality, if those agencies are Any other agency that the Secretary knows has issue or is required to issue a RCRA permit, an underground injection control (UIC) permit, a prevention of significant deterioration (PSD) permit (or other permit under the Clean Air Act), and W.Va. Code §22-5-1 et seq., a National Pollutant Discharge Elimination System (NPDES) permit, or a sludge management permit for the same facility or activity;
5.8.d.1.C. Federal and State agencies with jurisdiction over fish, shell fish, and wildlife resources and over coastal zones management plans, the advisory council on historic preservation, and the State Historic Preservation Office, as applicable;
5.8.d.1.D. Persons on a mailing list developed by:
5.8.d.1.D.1. Including those who request in writing to be on the list;
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5.8.d.1.D.2. Soliciting persons for “area lists” from participants in past permit proceedings in that area; and
5.8.d.1.D.3. Notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press and in regional and State funded newsletters, environmental bulletins or State law journals. The Secretary may update the mailing lists from time to time by requesting written indications of continued interest from those listed. The Secretary may delete from the lists the name of any person who fails to respond to the request;
5.8.d.1.E. To any unit of local government having jurisdiction over the area where the facility is proposed to be located; and
5.8.d.1.F. To each State agency having any authority under State law with respect to the construction or operation of the facility.
5.8.d.2. Publication of a notice in a daily or weekly major local newspaper of general circulation and broadcast over local radio stations;
5.8.d.3. In a manner constituting legal notice to the public under state laws; and
5.8.d.4. Any other method reasonably calculated to give actual notice of the action in question to the person potentially affected by it, including press releases or any other forum or medium to elicit public participation.
5.8.e. Public notices. -- All public notices issued shall contain the following minimum information:
5.8.e.1. Name and address of the office processing the permit action for which notice is being given;
5.8.e.2. Name and address of the permittee or the permit applicant and, if different, of the facility or activity regulated by the permit;
5.8.e.3. A brief description of the business conducted at the facility or activity described in the permit application or the draft permit;
5.8.e.4. Name, address, and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit and fact sheet and the application;
5.8.e.5. A brief description of the comment procedures required by subsections 5.9 and 5.10 and the time and place of any hearing that will be held, including a statement of procedures to request a hearing (unless a hearing has already been scheduled) and other procedures by which the public may participate in the final decision;
5.8.e.6. The location of the administrative record, the times that which the record shall be open for public inspection; and
5.8.e.7. Any additional information considered necessary or proper by the applicant and the Secretary.
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5.8.f. Public notices for hearings. -- In addition to the general public notice described in subdivision 5.8.e, the public notice of a hearing shall contain the following information:
5.8.f.1. Reference to the date of previous public notices relating to the permit;
5.8.f.1.A. Date, time, and place of the hearing; and
5.8.f.1.B. A brief description of the nature and purpose of the hearing, including the applicable rules and procedures;
5.8.g. In addition to the general public notice described in subdivision 5.8.e, the Secretary shall mail to all persons identified in subparagraphs 5.8.d.1.A, 5.8.d.1.B, and 5.8.d.1.C shall be mailed a copy of the fact sheet, the permit application, and the draft permit, as applicable.
5.9. Public Comments and Requests for Public Hearing. -- During the public comment period provided under subsection 5.8, any interested person may submit written comments on the draft permit and may request a public hearing, if no hearing has already been scheduled. A request for a public hearing shall be in writing and state the nature of the issues proposed to be raised in the hearing. The Secretary shall consider all comments shall be considered in making the final decision and shall be answered respond to the comments as provided in subsection 5.13.
5.10. Public Hearings.
5.10.a. The Secretary shall hold a public hearing whenever he or she finds, on the basis of requests, a significant degree of public interest in a draft permit.
5.10.b. The Secretary may also hold a public hearing, at his or her discretion, whenever, for instance, a hearing might clarify one or more issues involved in the permit decision.
5.10.c. The Secretary shall hold a public hearing whenever he or she receives written notice of opposition to a draft permit and a request for a hearing within forty-five (45) days of public notice under subdivision 5.8.c;. wWhenever possible the Secretary shall schedule a hearing at a location in convenient to the nearest population center to the proposed facility.
5.10.d. The Secretary shall provide public notice of the hearing shall be given as specified in subsection 5.8.
5.10.e. Whenever a public hearing will be held, the Secretary shall designate a presiding officer for the hearings who shall be responsible for its scheduling and orderly conduct.
5.10.f. Any person may submit oral or written statements and data concerning the draft permit. The Secretary may set reasonable limits may be set upon the time allowed for oral statements and may require the submission of statements in writing may be required. The public comment period under subsection 5.8 shall automatically be extended to the close of any public hearing. The hearing officer may also extend the comment period by so stating at the hearing.
5.10.g. A tape recording or written transcript of the hearing shall be made available to the public.
5.11. Reopening of the Public Comment Period.
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5.11.a. If any data, information or arguments submitted during the public comment period appear to raise substantial new questions concerning a permit, the Secretary may take one or more of the following actions:
5.11.a.1. Prepare a new draft permit, appropriately modified, under subsection 5.6;
5.11.a.2. Prepare a revised fact sheet under subsection 5.7 and reopen the comment period; and
5.11.a.3. Reopen or extend the comment period under subsection 5.11 to give interested persons an opportunity to comment on the information or arguments submitted.
5.11.b. Comments filed during the reopened comment period shall be limited to the substantial new questions that caused its reopening. The public notice under subsection 5.8 shall define the scope of the reopening.
5.11.c. The Secretary shall issue public notice of any of the above actions shall be issued under in accordance with subsection 5.8.
5.12. Issuance and Effective Date of Permit.
5.12.a. After the close of the public comment period on a draft permit, the Secretary shall issue a final permit decision. The Secretary shall notify the applicant and each person who has submitted written comments or requested notice of the final permit decision. The notice shall include reference to the procedures for appealing a decision on the permit. A final permit decision means a final decision to issue, deny, modify, or revoke and reissue, or terminate a permit.
5.12.b. A final permit decision shall become effective thirty (30) days after the service of Notice of Decision unless:
5.12.b.1. A later effective date is specified in the decision;
5.12.b.2. An interested party requests review is requested or an evidentiary hearing is requested; or
5.12.b.3. No comments requested change in the draft permit, in which case the permit shall become effective immediately upon issuance.
5.13. Response to Comments.
5.13.a. At the time that any final permit decision is issued, the Secretary shall issue a response to comments. This response shall:
5.13.a.1. Specify which provisions, if any, of the draft permit have been changed in the final permit decision and the reasons for the change; and
5.13.a.2. Briefly describe and respond to all significant relevant comments on the draft permit or the permit application raised during the public comment period, or during any hearing.
5.13.b. The response to comments shall be available to the public.
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5.14. Administrative Record.
5.14.a. The provisions of a draft permit prepared under subsection 5.6 shall be based on the administrative record consisting of:
5.14.a.1. The application and any supporting data furnished by the applicant;
5.14.a.2. The draft permit or notice of intent to deny the application or to terminate the permit;
5.14.a.3. The fact sheet if required;
5.14.a.4. All documents cited in the fact sheet; and
5.14.a.5. Other documents contained in the supporting file for the draft permit.
5.14.b. The Secretary shall base final permit decisions on the administrative record consisting of:
5.14.b.1. Administrative record for the draft permit;
5.14.b.2. All comments received during the public comment period provided under subsection 5.5, including any extension or reopening under subsection 5.11;
5.14.b.3. The tape or transcript of any hearing(s) held under subsection 5.10;
5.14.b.4. Any written material submitted at the hearing;
5.14.b.5. The response to comments required by subsection 5.13, which identified and supports any change made in the draft permit and any new material placed in the record under subsection 5.13;
5.14.b.6. Other documents contained in the supporting file for the permit;
5.14.b.7. An addendum to the fact sheet if needed; and
5.14.b.8. The final permit.
5.14.c. The administrative record shall be complete on the date the final permit is issued.
5.14.d. Material readily available at the Department or published material that is generally available and that is included in the administrative record under subdivisions 5.14.a and 5.14.b need not be physically included with the rest of the record, as long as it is specifically referred to in the fact sheet or in the addendum to the fact sheet.
5.15. Public Access to Information.
5.15.a. Any record, report or information and any permit, permit application, and related documentation within the Secretary’s possession shall be available to the public for inspection and copying; provided, however, that, upon a satisfactory showing to the Secretary that the records, reports, permit documentation or information, or any part thereof would, if made public, divulge methods or processes or activities entitled to protection as trade secrets, the Secretary shall consider, treat, and protect the records as confidential pursuant to W.Va. Code §§ 22-18-1, et seq., and 22-5-1, et seq., and 29B-1-4.
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5.15.b. It shall be the responsibility of the person claiming any information as confidential under the provision of subdivision 5.15.a to comply with the requirements of 45CSR31 and W. Va. Code § 29B- 1-1, et seq.
5.16. The provisions of 40 CFR § 270.12 are excepted from incorporation by reference. Availability of information provided under this rule is controlled by the provisions of W. Va. Code §§ 22-18-1, et seq., and 22-5-1, et seq., and 29B-1-1, et seq.
§45-25-6. Exclusions and Exemptions.
6.1. Wastes and materials excluded in 33CSR20 are excluded from the requirements of this rule.
6.2. Except for recyclable materials exempt pursuant to 33CSR20- 3, hazardous wastes that are stored prior to recycling are subject to all applicable provisions of section 4 of this rule.
6.3. Any pathological waste incinerator not subject to this rule under subsection 4.15 shall be subject to 45CSR6 or 45CSR18, as applicable.
§45-25-7. Application Fee.
7.1. Any person who applies for a permit for the construction and/or operation of an air emitting hazardous waste treatment, storage or disposal facility shall submit as part of the permit application submit a money order or cashier’s check payable to the Division of Air Quality for deposit into the Air Pollution Control Fund. The fee shall be determined by the schedule set forth below:
Activity Fee Hazardous Waste Management Facilities $5,000 Class 2, 3 Modifications or Renewals of Permits and 40 CFR §270.41 for $1,000 Hazardous Waste Management Facilities Class 1 Modifications $500
7.2. These application fees shall be in addition to any fee required by the Hazardous Waste Management System rule, 33CSR20.
§45-25-8. Inconsistency Between Rules.
8.1. In the event of any inconsistency between this rule and any other rule of the Division of Air Quality, the inconsistency shall be resolved by the determination of the Secretary, and the determination shall be based upon the application of the more stringent provision, term, condition, method or rule.
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TABLE 25-A
Item No. CFR No. Part No. Subpart No. Title
1. 40 CFR - 264, 265 - O - Incinerator 2. 40 CFR - 270.19 - B - Specific Requirements for Incinerators
- 270.42 - D - Permit Modification at the Request of the Permittee - Appendix - Appendix I
3. 40 CFR - 270.62 - F - Hazardous Waste Incinerator Permits
4. 40 CFR - 270.72 - G - Changes During Interim Status
5. 40 CFR - 264 - X - Miscellaneous Units
6. 40 CFR - 270.23 - B - Specific Requirements for Miscellaneous Units
7. 40 CFR - 264, 265 - AA - Air Emission Standards for Process Vents
8. 40 CFR - 270.24 - B - Specific Requirements for for Process Vents
9. 40 CFR - 264, 265 - BB - Air Emission Standards for Equipment Leaks
10. 40 CFR - 270.25 - B - Specific Requirements for Equipment Leaks
11. 40 CFR - 264, 265 - CC - Air Emission Standards for 264.179, 265.178 I Tanks, Surface 264.200, 265.202 J Impoundments, and Containers 264.232, 265.231 K 265 - Appendix - Appendix VI
12. 40 CFR - 270.14(b) - B - General Information Requirements
13. 40 CFR 270.27 B Specific Requirements for Air Emissions Control for Tanks, Surface Impoundments and Containers
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Item No. CFR No. Part No. Subpart No. Title
14. 40 CFR - 265 - P - Thermal Treatment
15. 40 CFR - 266 - H - Hazardous Waste Burned in Boilers and Industrial Furnaces - Appendices - Appendix 1 to XIII
16. 40 CFR - 270.22 - B - Specific Requirements for Boilers and Industrial Furnaces Burning Hazardous Wastes
17. 40 CFR - 270.66 - F - Permits for Boiler and Industrial Furnaces Burning Hazardous Waste
18. 40 CFR - 279.23 - C - On-site Burning In Space Heater
19. 40 CFR - 279 - G - Standards for Used Oil Burners Who Burn Off- Specification Used Oil for Energy Recovery
20. 40 CFR - 261.6 - A - Requirements for Recyclable Materials 261.4 - A - Exclusions
21. 40 CFR - 261.7 - A - Residues of hazardous waste to empty containers
22. 40 CFR - 261.38 - E - Comparable/Syngas Fuel Exclusions/Exemptions
23. 40 CFR - 262.34 - C - Accumulation Time
24. 40 CFR - 260.11 - B - References
25. 40 CFR - 264.15 - B - General Inspection Requirement
26. 40 CFR - 264.73 - E - Operating Records
27. 40 CFR - 270.235 - I - Options for Incinerators and Cement and Lightweight Aggregate Kilns to Minimize Emissions from Startup, Shutdown, and Malfunction Events.
28. 40 CFR - 264.17 - B - General Requirements for Ignitable, Reactive, or Incompatible Wastes.
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ENVIRONMENTAL PROTECTION Waste Management Division, Office of Minority Populations and Low-Income AGENCY Resource Conservation and Recovery Populations (5304P), Environmental Protection K. Executive Order 13659: Streamlining the 40 CFR Parts 260, 261, 262, 263, 264, Agency, 1200 Pennsylvania Avenue Export/Import Process for America’s 265, 266, 267, 271 and 273 Businesses NW., Washington, DC 20460; telephone L. Congressional Review Act [EPA–HQ–RCRA–2015–0147; FRL–9947–74– number: (703) 308–0005; email address: OLEM] [email protected]. I. General Information SUPPLEMENTARY INFORMATION RIN 2050–AG77 : The A. List of Acronyms Used in This Action information presented in this preamble Hazardous Waste Export-Import is organized as follows: Acronym Meaning Revisions I. General Information ACE ...... Automated Commercial Environ- A. List of acronyms used in this action AGENCY: ment. Environmental Protection B. Does this action apply to me? Agency (EPA). AES ...... Automated Export System. C. What is the agency’s authority for taking AOC ...... Acknowledgment of Consent ACTION: Final rule. this action? (issued by EPA). II. Background CBI ...... Confidential Business Informa- SUMMARY: The Environmental Protection A. History and summary of the proposed tion. Agency (EPA) is amending existing rule CBP ...... United States Customs and Bor- regulations regarding the export and B. Rationale for the final rule der Protection. import of hazardous wastes from and C. Summary of the final rule CDX ...... Central Data Exchange. into the United States. EPA is making D. Compliance dates for the final rule CEC ...... Commission for Environmental these changes to: Provide greater III. Detailed Discussion of the Final Rule Cooperation. protection to human health and the A. Consolidation of hazardous waste CERCLA ... Comprehensive Environmental environment by making existing export import and export requirements Response, Compensation, and import related requirements more consistent with current OECD and Liability Act. procedures consistent with the current import- CFR ...... Code of Federal Regulations. B. Transition from paper-based to CROMERR Cross-Media Electronic Report- export requirements for shipments electronic port procedures under ITDS ing Regulation. between members of the Organization for RCRA waste exports subject to notice CRT ...... Cathode Ray Tube. for Economic Cooperation and and consent CY ...... Calendar Year. Development (OECD); enable electronic C. Conversion of paper submittals for EPA ...... United States Environmental submittal to EPA of all export and imports and exports to electronic Protection Agency. import-related documents (e.g., export submittals using EPA’s Waste Import FR ...... Federal Register. notices, export annual reports); and Export Tracking System FTR ...... U.S. Census Bureau’s Foreign enable electronic validation of consent D. Availability of Electronic Reporting Trade Regulations. in the Automated Export System (AES) E. Changes to hazardous waste manifest HSWA ...... Hazardous and Solid Waste requirements for import and export for export shipments subject to RCRA Amendments. shipments ICR ...... Information Collection Request. export consent requirements prior to F. Additional requirements for recognized ITDS ...... International Trade Data Sys- exit. The AES resides in the U.S. traders arranging for hazardous waste tem. Customs and Border Protection’s imports or exports ITN ...... Internal Transaction Number Automated Commercial Environment G. Incorporation by reference of OECD (issued by AES). (ACE). waste lists LAB ...... Lead-Acid Battery. H. Conforming Changes to Parts 260, 262 NAICS ...... North American Industrial Clas- DATES: This final rule is effective on through 267, 271, and 273 sification System. December 31, 2016. The compliance I. Related Proposed Rulemaking NCEDE ..... Notice and Consent Electronic dates for the various new and updated IV. State Authorization Data Exchange. provisions in this action can be found A. Applicability of Rules in Authorized NTTAA ...... National Technology Transfer in section II.D. The incorporation by States and Advancement Act. reference of certain publications listed B. Effect on State Authorization NAFTA ...... North American Free Trade in the regulations is approved by the V. Statutory and Executive Order Reviews Agreement. Director of the Federal Register as of A. Executive Order 12866: Regulatory OECD ...... Organization for Economic Co- December 31, 2016. Planning and Review and Executive operation and Development. Order 13563: Improving Regulation and OLEM ...... Office of Land and Emergency ADDRESSES: The EPA has established a Regulatory Review Management. docket for this action under Docket ID B. Paperwork Reduction Act (PRA) OMB ...... Office of Management and No. EPA–HQ–RCRA–2015–0147. All C. Regulatory Flexibility Act (RFA) Budget. documents in the docket are listed on D. Unfunded Mandates Reform Act RCRA ...... Resource Conservation and Re- the http://www.regulations.gov Web (UMRA) covery Act. site. Although listed in the index, some E. Executive Order 13132: Federalism RFA ...... Regulatory Flexibility Act. information is not publicly available, F. Executive Order 13175: Consultation SIC ...... Standard Industrial Classifica- and Coordination with Indian Tribal tion. e.g., CBI or other information whose Governments SLAB ...... Spent Lead-Acid Battery. disclosure is restricted by statute. G. Executive Order 13045: Protection of UMRA ...... Unfunded Mandates Reform Certain other material, such as Children from Environmental Health Act. copyrighted material, is not placed on Risks and Safety Risks WIETS ...... Waste Import Export Tracking the Internet and will be publicly H. Executive Order 13211: Actions System. available only in hard copy form. Concerning Regulations that Publicly available docket materials are Significantly Affect Energy Supply, available electronically through http:// Distribution, or Use B. Does this action apply to me? www.regulations.gov. I. National Technology Transfer and Advancement Act (NTTAA) The revisions to export and import FOR FURTHER INFORMATION CONTACT: J. Executive Order 12898: Federal Actions requirements in this action generally Laura Coughlan, Materials Recovery and to Address Environmental Justice in affect four (4) groups: (1) All persons
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who export or import (or arrange for the This table is not intended to be monitoring of hazardous waste export export or import) hazardous waste for exhaustive, but rather provides a guide shipments. Fourth, we proposed to recycling or disposal, including those for readers regarding entities likely to be require matching of waste stream level hazardous wastes subject to the regulated by this action. This table lists consent numbers with waste streams alternate management standards for (a) the types of entities that EPA is now listed on the Resource Conservation and universal waste for recycling or aware could potentially be regulated by Recovery Act (RCRA) hazardous waste disposal, (b) spent lead-acid batteries this action. Other types of entities not manifests for import and export (SLABs) being shipped for reclamation, listed in the table could also be shipments. Lastly, we proposed to (c) industrial ethyl alcohol being regulated. If you have questions require EPA identification (ID) numbers shipped for reclamation, (d) hazardous regarding the applicability of this final for those recognized traders 1 arranging waste samples of more than 25 rule to a particular entity, consult the for export or import of hazardous waste. kilograms being shipped for waste person listed in the FOR FURTHER For a more detailed description of the characterization or treatability studies, INFORMATION CONTACT section. proposed revisions, as well as the and (e) hazardous recyclable materials Information on the estimated future intended benefits of each revision, being shipped for precious metal economic impacts of this action is please see Sections I.D, III and IV of the recovery; (2) all recycling and disposal presented in section V of this preamble, proposed rule (80 FR 63284). facilities who receive imports of such as well as in the Regulatory Impact The comment period for the proposed hazardous wastes for recycling or Analysis available in the docket for this rule closed on December 18, 2015. The disposal; (3) all persons who export or action. Agency received thirteen unique sets of arrange for the export of conditionally comments in response to its October 19, C. What is the agency’s authority for excluded cathode ray tubes being 2015 proposal. Of the thirteen unique taking this action? shipped for recycling; and (4) all comments, three were submitted persons who transport any export and EPA’s authority to promulgate this anonymously, one was submitted by the import shipments described above. rule is found in sections 1002, 2002(a), State of Hawaii’s Hazardous Waste Potentially affected entities may 3001–3004, and 3017 of the Solid Waste Section, three were submitted by include, but are not limited to: Disposal Act, as amended by the individual companies, two were Resource Conservation and Recovery submitted by transportation industry NAICS NAICS description Act (RCRA), and as amended by the associations, three were submitted by code Hazardous and Solid Waste waste treatment related industry Amendments, 42 U.S.C. 6901 et.seq., associations, and one was submitted by 211 ...... Oil and Gas Extraction. 6912, 6921–6924, and 6938. a battery industry association. Most 212 ...... Mining (except Oil and Gas). commenters supported requiring OECD 213 ...... Support Activities for Mining. II. Background 311 ...... Food Manufacturing. procedures for all hazardous waste 324 ...... Petroleum and Coal Products A. History and Summary of the imports and exports and the proposed Manufacturing. Proposed Rule electronic reporting requirements. But a 325 ...... Chemical Manufacturing. On October 19, 2015, EPA proposed few commenters expressed varying 326 ...... Plastics and Rubber Products revisions to the current RCRA levels of concern about the readiness of Manufacturing. regulations governing imports and EPA’s Waste Import Export Tracking 327 ...... Nonmetallic Mineral Product Manu- System (WIETS), and the time needed to facturing. exports of hazardous waste and certain other materials in part 262 in order to learn to use the completed system prior 331 ...... Primary Metal Manufacturing. to being required to submit documents 332 ...... Fabricated Metal Product Manufac- improve protection of public health and turing. the environment (80 FR 63284). First, using the system. In addition, questions 333 ...... Machinery Manufacturing. we proposed to consolidate the were raised by one commenter 334 ...... Computer and Electronic Product hazardous waste import and export concerning how the Automated Export Manufacturing. regulations so that one set of protective System, EPA’s WIETS, and EPA’s 335 ...... Electrical Equipment, Appliance, requirements, equivalent to the e-Manifest system would work together. and Component Manufacturing. regulations currently in title 40 of the After considering all the submitted 336 ...... Transportation Equipment Manu- comments, and recognizing that the facturing. Code of Federal Regulations (CFR) Part 262 Subpart H implementing the modifications to EPA’s WIETS are not 339 ...... Miscellaneous Manufacturing. yet completed, we are finalizing the 423 ...... Merchant Wholesalers, Durable Organization for Economic Cooperation Goods. and Development (OECD) Council revisions largely as proposed, but with 424 ...... Merchant Wholesalers, Nondurable Decision controlling transboundary several additional features that affect the Goods. movements of recyclable hazardous timing of various provisions. First, we 441 ...... Motor Vehicle and Parts Dealers. waste, would apply to all imports and have established a transition period to 482 ...... Rail transportation. exports of hazardous waste. Second, we minimize the impacts of applying OECD 483 ...... Water transportation. proposed to mandate electronic procedures and EPA ID requirements to 484 ...... Truck transportation. reporting to EPA to make the process those existing export and import 488 ...... Support Activities for Transpor- shipments occurring under the terms of tation. more efficient and to enable increased sharing of hazardous waste import and a consent issued by EPA prior to the 531 ...... Real Estate. effective date of this action. This will 541 ...... Professional, Scientific, and Tech- export data with state programs, the nical Services. general public, and individual 1 561 ...... Administrative and Support Serv- As defined in the final rule, a recognized trader hazardous waste exporters and is a person domiciled in the United States, by site ices. importers. Third, we proposed to of business, who acts to arrange and facilitate 562 ...... Waste Management and Remedi- require validation of the consent to transboundary movements of wastes destined for ation Services. export as part of the electronic export recovery or disposal operations, either by 721 ...... Accommodation. information submitted to U.S. Customs purchasing from and subsequently selling to United 924 ...... Administration of Environmental States and foreign facilities, or by acting under Quality Programs. and Border Protection (CBP) to provide arrangements with a United States waste facility to for more efficient compliance arrange for the export or import of the wastes.
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allow persons exporting or importing Cooperation 3 (CEC) report 4 on the different foreign company proposed to shipments with Canada, Chile, Mexico, export and recycling of spent lead-acid ship SLABs to a facility in the U.S. for or any non-OECD country 2 pursuant to batteries (SLABs) within North America recycling, but the destination facility an EPA issued consent to continue to and the 2015 EPA Office of Inspector listed in the notice was not authorized operate under the requirements in effect General (OIG) report 5 on hazardous to recycle SLABs. In each of the when the consent was issued until the waste imports. examples, EPA being able to review the consent expires, after which they would As discussed in the proposed rule, proposed import for compliance with be required to comply with the new EPA proposed applying OECD U.S. laws and regulations prior to any procedures. The final rule also includes procedures to strengthen its oversight of actual shipment prevented shipments the addition of delayed implementation such transboundary shipments of that would have not complied with one or more regulations from entering the for various electronic reporting hazardous waste, as the harmonized OECD and Basel procedures are widely country. Preventing such non-compliant requirements to EPA using EPA’s accepted as the international standard of hazardous waste shipments through WIETS, until a future electronic import- control for such shipments. requiring consent for all hazardous export reporting compliance date to be Transboundary waste shipments have a waste imports is more efficient than announced in a separate Federal higher risk of being misdirected due to trying to inspect all incoming shipments Register notice. Lastly, the final rule the increased number of custodial at every port, consistent with EPA’s includes the addition of a transition transfers, and the entry and exit NextGen principles 6 thus protecting the period prior to the required filing of procedures (and associated temporary health and environment for U.S. EPA information into the Automated storage) at the ports and border citizens. Export System (AES) for export crossings for the countries of export, In cases where only one of the shipments, during which either paper transit and import. Transboundary countries control the proposed processes or electronic processes at the waste shipments to unapproved shipment as an import or export port may be used until a future AES destination facilities are at the highest shipment of hazardous waste, the OECD filing compliance date, also to be risk of mismanagement. procedures are to be followed by the announced in a separate Federal Under OECD-based procedures, prior country that controls the shipment as an Register notice which may or may not notice and consent is required if either import or export of hazardous waste. be combined with the previously the exporting or importing country This ensures that the country is able to mentioned Federal Register notice. control the hazardous waste shipment review the proposed import or export as an export or import of hazardous prior to actual shipment, and that the B. Rationale for the Final Rule waste. This allows the country or proper transport and management of the countries that control the shipment as individual waste shipment occurs as Proposed changes to clarify and hazardous waste to review the proposed approved. streamline requirements and convert import or export for compliance with When the proposed shipment would paper submittals to electronic domestic laws and regulations prior to comply with domestic laws or submittals arose in part from the any actual shipment. In cases where the regulations and the importing country Agency’s periodic retrospective reviews proposed shipment would not comply consents, an international movement of existing regulations, as called for by with domestic laws or regulations or document must accompany the Executive Order 13563. Other proposed where there might be an issue with the shipment from the starting site in the revisions to replace the paper process proposed receiving facility, the country of export to the destination site for export shipments at the port with an importing country may deny consent, in the country of import, and copies of electronic process were needed in order thus preventing a shipment to a facility the signed movement document must be to fulfill the direction set forth in that does not have the capacity to sent by the destination facility to the Executive Order 13659 concerning the manage the waste properly. exporter and to the countries of export, electronic management of international For example, a foreign company import, and transit that respectively trade data by the U.S. Government as recently proposed to ship unused control the shipment as an export, part of the International Trade Data methyl bromide to the U.S. for import or transit of hazardous waste to confirm receipt of the shipment. Such System (ITDS). Lastly, EPA proposed recycling, but import of methyl bromide confirmation reduces the risk of a making all hazardous waste imports and into the U.S. for anything other than shipment being misdirected to a country exports subject to the OECD procedures destruction is prohibited under the Clean Air Act. In a separate notice, a or facility not approved to receive the to address concerns and shipments for disposal or recovery. The recommendations to strengthen 3 confirmation of receipt also highlights individual shipment oversight in both The Commission for Environmental Cooperation (CEC) is an international organization created by any incident where the shipment is the 2013 Commission for Environmental Canada, Mexico and the United States under the interrupted or misdirected, as the North American Agreement on Environmental exporter and competent authorities will Cooperation (NAAEC). The CEC was established, among other things, to address regional not receive the confirmation from the environmental concerns, help prevent potential approved destination facility within trade and environmental conflicts, and to promote expected timeframes. Lastly, the the effective enforcement of environmental law. confirmation of receipt provides The Agreement complements the environmental provisions of the North American Free Trade documentation for both the exporter and Agreement (NAFTA). More information on the CEC the countries of import and export that is available on its Web site at www.cec.org. 2 Transboundary shipments of hazardous waste the shipment in fact went to the 4 http://www.cec.org/Storage/149/17479_CEC_ with Canada, Chile, Mexico or any non-OECD _ _ _ _ approved recycling or disposal facility. Secretariat-SLABs Report may7 en web.pdf. Once received at the approved country were previously subject to the export 5 ‘‘EPA Does Not Effectively Control or Monitor requirements of 40 CFR part 262 Subpart E or the Imports of Hazardous Waste,’’ July 6, 2015, facility, management (i.e., treatment and import requirements of 40 CFR part 262 Subpart F, available online at http://www.epa.gov/sites/ and not to the previous version of 40 CFR part 262 production/files/2015-09/documents/ 6 https://www.epa.gov/compliance/next- Subpart H. oigreportonhwimports015_0.pdf. generation-compliance.
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disposal, recovery) of each shipment is more consistent with those of our of this action. Importers and receiving required to be completed within one trading partners. facilities of hazardous waste shipments, year of shipment delivery, and the EPA notes that the OECD recovery and the transporters carrying such destination facility must send and disposal operations include shipments, from Canada, Chile, Mexico confirmation of completing such operations that would not be generally and any non-OECD country similarly management back to the exporter and to allowable under domestic RCRA will be required to comply with OECD the competent authorities of the management requirements. The procedures under new or renewed countries of export and import that definitions of disposal operations and consents issued to either the foreign respectively control the shipment as an recovery operations in § 262.81 reflect exporter or the U.S. importer after the export or import of hazardous waste. the complete OECD list of operations, effective date of this action. As required This requirement minimizes the risk of and several operations listed solely in by OECD procedures and originally speculative accumulation or Canadian import-export regulations to implemented in 40 CFR 262.82(g), EPA abandonment of the waste shipments, accurately harmonize operations listed is finalizing the proposed text in and decreases the potential for in notices with those of Canada and §§ 261.4(d), 261.4(e), and 262.82(d) associated damage to human health and other OECD countries. If the recovery or applying the OECD limit of 25 kilograms the environment. disposal operation listed in a notice to all excluded hazardous waste sample As discussed in Section II(B)(4) of the proposing shipment of a hazardous import and export shipments. This limit proposed rule, historically the waste to the U.S. for recovery or applies in addition to the conditions for overwhelming majority of the hazardous disposal is not allowed under RCRA, the sample exclusions at 40 CFR waste import and export shipments into EPA will object to the notice on that 261.4(d) and 40 CFR 261.4(e). EPA notes and out of the United States occur with basis. The inclusion of the complete list that for treatability samples, the lower of Canada and Mexico, both of which are of OECD and Canadian-specific recovery the limits listed in the existing member countries of the OECD. and disposal operations in § 262.81 does § 261.4(e)(2)(ii) and new § 261.4(e)(4) Canadian regulations already require not make such operations allowable would apply. For example, treatability U.S. exporters and receiving facilities to within the United States if RCRA does samples of acute hazardous wastes to be comply with OECD requirements not allow such management. imported or exported as excluded through contract terms, and Canadian Lastly, EPA would like to re-affirm samples could be no more than 1 kg. regulations requires Canadian exporters that the existing U.S.-Canada bilateral However, in contrast to the proposed to comply with OECD requirements, agreement, the U.S.-Mexico bilateral rule, any existing export and import including notice and consent, if the agreement, and the three import-only shipments with consents issued prior to United States controls the planned bilateral agreements between the United the effective date of this action will only shipment as an import of hazardous States and Malaysia, Costa Rica, and the be required to comply with the terms of waste. More recently, only 26 export Philippines remain in place and are not the consent and the original Part 262 shipments and 111 import shipments affected by these revisions. While the subparts E or F based requirements in out of the 54,152 hazardous waste revisions change the applicable effect at the time the consents were import and export shipments in 2011 requirements for hazardous waste issued until the relevant consent were between the United States and shipments with these countries, these periods expire. The requirement for non-OECD countries. Only 84 import additional requirements are fully recognized traders arranging for import shipments out of the 53,376 hazardous consistent with the bilateral agreements. or export to obtain EPA ID numbers will waste import and export shipments in C. Summary of the Final Rule be similarly phased in, in that those 2014 were between the United States traders with consents issued prior to the and non-OECD countries. Additionally, This section provides a brief overview effective date of this action will be able almost all of the specific non-OECD of this final rule and describes the major to continue managing the shipments countries from which the United States ways in which this rule differs from the occurring under those consents without received import shipments in 2011 or proposal. For a more detailed having to immediately obtain an EPA ID 2014 (i.e., the Bahamas, Bermuda, the description and justification of the number, and recognized traders will Dominican Republic, Malaysia, the changes in this final rule, see Section III only be required to obtain an EPA ID Netherland Antilles, the Philippines, of this preamble. number prior to arranging for any new Singapore, Syria) and the specific non- Largely as proposed, this final rule or renewed consents to import or export OECD countries to which the United removes and reserves 40 CFR part 262 hazardous waste on or after the effective States shipped export shipments in Subparts E and F, and expands the date of this action. 2011 (i.e., Peru, the Philippines) are applicability of a reorganized and Also in contrast to the proposed rule, clarified 40 CFR part 262 Subpart H to Party to the Basel Convention 7 and the electronic reporting to EPA using EPA’s all hazardous waste transboundary OECD procedures have been WIETS, or its successor system, will be shipments, including those import and harmonized with the Basel procedures. phased in over a period of time to give export shipments of universal waste Thus, the requirements established in EPA more time to complete and fully managed under 40 CFR part 273 (or the this action will make U.S. requirements test a number of the electronic authorized State equivalent) and documents prior to requiring their use. 7 The Basel Convention on the Control of specific hazardous wastes (e.g., spent Only electronic submittal of new export Transboundary Movements of Hazardous Wastes lead-acid batteries) managed under the notices for hazardous waste or cathode and their Disposal is a comprehensive global alternate standards of 40 CFR part 266 ray tubes (CRTs) for recycling using environmental agreement on hazardous and other (or authorized State equivalent). EPA’s WIETS will be required on the wastes. The Convention has 181 Member countries, also known as Parties, and aims to protect human Exporters of hazardous waste effective date of this action. Export health and the environment against the adverse shipments, and the transporters carrying annual reports for hazardous waste and effects that may result from the generation, such shipments, to Canada, Chile, CRTs for recycling will be required to be management, transboundary movements and Mexico and any non-OECD country will electronically submitted after a full disposal of hazardous and other wastes. The United States is a signatory, but has not yet ratified the be required to comply with OECD calendar year of electronic-only AES Convention. More information on the Basel procedures under new or renewed filing has been required. The one- Convention may be found at www.basel.int. consents issued after the effective date calendar-year period is necessary
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because the AES data for exported consistent with the approach being used receipt of each shipment, shipments will be used in EPA’s WIETS by CBP with other government agencies. § 262.83(f)(3)(i) requires contract terms to build the draft export annual reports Because the AES filing procedures to direct the foreign facility to inform and EPA will need one full calendar related to validating consent to export a the exporter if the shipment cannot be year of this information in order to shipment are a new requirement, only a managed according to the consent, produce the appropriate draft export limited number of the exporters and § 262.83(e) requires the exporter to annual report for the exporter’s review. authorized agents were able to test file arrange for the return of the waste as The exporter will then have the in a pilot the additional information and needed, and § 262.83(h) requires the opportunity to make any changes to validate their consents for individual exporter to file an exception report as reflect any return or rejection made hazardous waste export shipments as needed. Lastly, the proposed deletion of subsequent to the AES filing for each part of their current AES filing the requirement for transporters to give shipment. Electronic submittal to EPA procedures prior to the effective date of a copy of the signed and dated manifest of the remaining seven import and this action. We are therefore to the U.S. customs official at the point export documents will not be required establishing a transition period during of departure from the United States has until after EPA completes and fully tests which exporters may choose to comply been amended to reflect the transition the electronic documents with the help with either the electronic AES filing period prior to the AES filing of volunteer exporters, foreign facilities, procedures or the paper-based compliance date during which the importers, and receiving facilities. EPA procedures at the port. EPA will exporter may choose to either will announce the future electronic coordinate with CBP on the selection of electronically file EPA information in import-export reporting compliance the AES filing compliance date, which AES or follow the existing paper-based date for those submittals in a separate will be announced in a separate Federal process at the port. During the transition Federal Register notice. Paper Register notice. On or after the AES period, exporters will be required to submittals will be required from the filing compliance date, all exporters of inform the transporter whether they effective date of this action until the hazardous waste and cathode ray tubes have chosen to follow paper-based electronic submittals are required for for recycling will be required to comply processes so that the transporter will each of the following: Export annual with the AES filing requirements. know whether he or she is required to give a copy of the paper manifest to the reports, export exception reports, import The revisions to RCRA hazardous U.S. customs official. On or after the notices, and receiving facility waste manifest-related requirements for electronic AES filing compliance date, notifications of the need to arrange hazardous waste export and import no transporter will be required to give alternate management or return of an shipments are also being finalized a copy of a paper manifest to the U.S. individual import shipment. No largely as proposed with only a few customs official. submittals to EPA will be required for changes. Exporters and receiving each of the following, until the Finally, at this time EPA is not facilities will be required to list the finalizing any limits to the number of electronic import-export reporting consent number for each waste listed in compliance date (on or after which hazardous waste codes that can be listed the manifest from the effective date of to characterize a hazardous waste in electronic submittal of these documents this action, but the regulatory text no to EPA using EPA’s WIETS, or its export notices, import notices, or export longer specifies exactly where on the annual reports due to concerns raised by successor system, will be required): manifest the consent numbers must be commenters (see response to comment Export confirmations of receipt, export added. Also in contrast with the document for more details). confirmations of recovery or disposal, proposed rule, the final rule has import confirmations of receipt, and removed the inadvertently proposed D. Compliance Dates for the Final Rule import confirmations of recovery or duplicate submittal of paper import This final rule is effective on disposal. Finally, the final rule clarifies manifests to both the e-Manifest system December 31, 2016. Section 3010(b) of that electronic storage in EPA’s WIETS and EPA’s International Compliance RCRA allows EPA to promulgate a rule of electronically submitted documents Assurance Division so that submittal of with an effective date shorter than six will satisfy EPA’s recordkeeping paper import manifests to EPA’s months when other good cause is found requirements, so long as copies are International Compliance Assurance and published with the regulation. readily available for viewing and Division is required only until the Under Executive Order 13659, agencies production if requested by any EPA or receiving facility can mail the manifest are required to have capabilities, authorized state inspector, and that the to the e-Manifest system per agreements, and other requirements in submitter will not be held liable for the §§ 264.71(a)(2)(v)/265.71(a)(2)(v). EPA is place by December 31, 2016, to utilize inability to produce such documents for not finalizing the regulatory language the ITDS and supporting systems, such inspection if the inability to produce the proposed in §§ 262.83(a)(5) and (6). as the Automated Export System or its document is due exclusively to These provisions had included successor system, as the primary means technical difficulty with EPA’s Waste instructions for the exporter to obtain a of receiving from users the standard set Import Export Tracking System confirmation of receipt from the foreign of data and other relevant (WIETS), or its successor system, for facility and for the exporter to provide documentation (exclusive of which the submitter bears no direction to the transporter in cases applications for permits, licenses, or responsibility. when the shipment was rejected by the certifications) required for the release of Largely as proposed, EPA is requiring foreign facility. This regulatory language imported cargo and clearance of cargo electronic filing in AES for each export had been in the original manifest for export. In order to comply with shipment. However, the future AES instructions under 40 CFR part 262 Executive Order 13659, the effective filing compliance date will be subpart E. However, EPA is elsewhere date must therefore be December 31, announced in a separate Federal finalizing similar requirements such 2016. Register notice in order to give that §§ 262.83(a)(5) and (6) are EPA is, however, cognizant of the exporters and their authorized agents redundant. Specifically, impact these changes will have on those more time to revise their filing software § 262.83(d)(2)(xv) requires the exporter companies or individuals currently and fully test out the procedures, to direct the foreign facility to confirm exporting or importing hazardous waste
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under the terms of a consent issued by exporters will have to either ensure requirements for all export shipments EPA. As a result, as discussed earlier in compliance with the existing paper- made the previous calendar year, an this preamble, any consent that was based process at the port or use the AES electronic export annual report using issued by EPA prior to December 31, electronic filing procedures. For EPA’s WIETS. For CRT export annual 2016 for a hazardous waste export or hazardous waste exporters choosing to reports submitted prior to March 1 of import will remain in effect for the use the paper-based process prior to the the year after the AES filing compliance remaining period of consent, and the 40 AES filing compliance date, paper date, exporters will be required to CFR part 262 based requirements that documentation of consent (i.e., a copy of submit a paper export annual report to existed at the time the consent was the AOC letter for shipments previously EPA. issued will remain in effect until the subject to Part 262 subpart E, or a paper Because EPA has not yet completed 12-month consent period expires. A movement document for shipments the electronic versions of the export copy of those requirements has been previously subject to Part 262 subpart exception report, export confirmation of placed in the docket. With the exception H) must accompany each export receipt, export confirmation of recovery of filing in the Automated Export shipment, and for those hazardous or disposal, import notification, import System (AES) for each hazardous waste waste export shipments that are confirmation of receipt, import export shipment and listing consent required to be manifested, the confirmation of recovery or disposal, or numbers matched to each hazardous transporter for each shipment will have the receiving facility notification of the waste listed on the RCRA manifest for to give a copy of the signed and dated need to arrange alternate management or each hazardous waste import and export manifest to the customs official at the return of an import shipment, electronic shipment, exporters, importers and port or border crossing. submittal of these documents will not receiving facilities in the U.S. that With respect to electronically be required until a future electronic intend to renew their consent to export submitting import and export related import-export reporting compliance or import hazardous wastes will have documents to EPA using WIETS or its date that will be announced in a the remaining consent period to amend successor system, actual separate Federal Register notice. Until their contracts or equivalent implementation depends upon when that future electronic import-export arrangements with their foreign the EPA’s system will be ready (i.e., reporting compliance date, paper counterparts and transporters, obtain an completion of the individual electronic versions of the export exception reports, EPA ID number as needed, register in documents in WIETS), and in the case import notices, and receiving facility EPA’s Central Data Exchange (CDX) of electronic export annual reports, on notifications of the need to arrange system, and otherwise prepare to EPA having a calendar year of electronic alternate management or return of an comply with the requirements based on AES filing data upon which to build import shipment will be required to be OECD procedures and the relevant each draft electronic export annual submitted to EPA via mail or hand electronic reporting requirements. Any report in WIETS for the exporter to delivery. Copies of the export proposed exports or imports of review and amend as necessary prior to confirmation of receipt and export hazardous waste, and export or import electronically signing and submitting to confirmation of recovery or disposal shipments of hazardous waste samples EPA. will not be required to be submitted to that are greater than 25 kilograms that Export notices requesting initial EPA in paper form prior to the future have not yet received consent to ship consent or renewal of consent for electronic import-export reporting prior to December 31, 2016, will be hazardous wastes and for CRTs compliance date, but exporters will be subject to the revised export and import proposed to be exported for recycling required to make such confirmations requirements on December 31, 2016, as will be required to be submitted to EPA available to EPA or an authorized State appropriate. electronically using EPA’s WIETS on inspector upon request. Copies of the Hazardous waste exporters with the effective date of this action. import confirmation of receipt and existing consents, or their authorized Export annual reports for hazardous import confirmation of recovery or agents, will be required to file the wastes and for CRTs exported for disposal similarly will not be required additional information into AES, or its recycling will be required to be to be submitted to EPA in paper form successor system, for each export submitted to EPA electronically using prior to the future electronic import- shipment initiated on or after the future EPA’s WIETS by March 1 of the year export reporting compliance date, but AES filing compliance date in after the AES filing compliance date, as receiving facilities will be required to accordance with the existing pre- all exporters will have been required to make such confirmations available to departure filing deadlines in 15 CFR file in AES, or its successor system, for EPA or an authorized State inspector 30.4(b). Exporters of excluded cathode at least the previous calendar year. For upon request. ray tubes for recycling will be subject to hazardous waste export annual reports The compliance dates for the various similar AES filing conditions for each submitted prior to that date, exporters major provisions with respect to import export shipment initiated on or after the will be required to submit either a paper and export shipments occurring under AES filing compliance date. For export export annual report or, for those consents issued by EPA prior to the shipments occurring prior to the AES exporters who chose to comply with the effective date of this action are filing compliance date, hazardous waste optional AES electronic filing summarized in the table below:
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Compliance date for existing Compliance date for existing Compliance date for new or shipments with Canada, Mexico, shipments with OECD country Major regulatory provisions renewing shipments requiring Chile, or any non-OECD country other than Canada, Mexico or in final rule consent on or after occurring under consent issued Chile occurring under consent December 31, 2016 by EPA prior to issued by EPA prior to December 31, 2016 December 31, 2016
For Exports of Hazardous Waste Managed under Part 262, Part 266 or Part 273:
Recognized traders must obtain 12/31/2016 ...... Recognized trader may continue Recognized trader may continue EPA ID number prior to arrang- managing shipments occurring managing shipments occurring ing for export (262.12(d)). under consent issued prior to under consent issued prior to 12/31/16 until consent period 12/31/16 until consent period ends without EPA ID number, ends without EPA ID number, but may not arrange renewal or but may not arrange renewal or new exports without EPA ID new exports without EPA ID number. number. Exporters must establish/amend 12/31/2016 ...... When consent period ends; if re- When consent period ends; if re- contracts or equivalent arrange- questing renewal of existing questing renewal of existing ments to include items listed in shipments, should establish/ shipments, should establish/ 262.83(f). amend contract during existing amend contract during existing period of consent so in place period of consent so in place prior to submitting export notice prior to submitting export notice for renewal. for renewal. Exporters must submit export no- 12/31/2016 ...... N/A; submittal of notice only re- N/A; submittal of notice only re- tice or renotification with all re- quired for new or renewing ex- quired for new or renewing ex- quired OECD items electroni- port shipments. port shipments. cally into EPA’s WIETS (262.83(b)). Until future AES filing compliance 12/31/2016; either AES filing or Same ...... Same. date EPA will establish in a sep- paper process at port required arate FR notice, exporters must for each shipment until future either file in AES for every ship- AES filing compliance date; ment to validate consent and AES filing required thereafter. provide manifest tracking num- ber as appropriate, or must en- sure paper proof of consent ac- companies shipment (i.e., AOC or international movement docu- ment) and paper manifest is given by transporter to U.S. cus- toms official at point of depar- ture; after that date, exporters must file in AES for every ship- ment (262.83(a)(6)). Exporters must prepare and pro- 12/31/2016 ...... 12/31/2016 ...... 12/31/2016. vide RCRA manifest for every shipment, listing waste stream consent numbers matched to each listed waste (262.83(c)). Exporters must prepare and pro- 12/31/2016 ...... when consent period ends ...... required per previous Part 262 vide international movement Subpart H. document for every shipment (262.83(d)). Last U.S. transporter must sign 12/31/2016 ...... required per previous Part 262 required per previous Part 262 and date manifest at port for Subpart E. Subpart H. every shipment, keep copy for records and send back copy to generator; prior to future AES fil- ing compliance date must give copy of paper manifest to U.S. customs official at point of de- parture if instructed to do so by exporter per 262.83(a)(6)(i)(B)(2) (263.20(g)(4)(ii)).
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Compliance date for existing Compliance date for existing Compliance date for new or shipments with Canada, Mexico, shipments with OECD country Major regulatory provisions renewing shipments requiring Chile, or any non-OECD country other than Canada, Mexico or in final rule consent on or after occurring under consent issued Chile occurring under consent December 31, 2016 by EPA prior to issued by EPA prior to December 31, 2016 December 31, 2016
Foreign facilities must (per contract 12/31/2016; no paper submittal to when consent period ends; con- Confirmation of receipt using terms) send confirmation of re- EPA; electronic submittal to firmation of receipt required per movement document required ceipt using international move- EPA required to be in contract previous Part 262 Subpart E. per previous Part 262 Subpart ment document to U.S. exporter, for shipments occurring on or H. country of import and any coun- after future electronic import-ex- tries of transit that control the port reporting compliance date. shipments as hazardous, and for shipments occurring on or after future electronic import-export reporting compliance date, to EPA electronically into EPA’s WIETS using international move- ment document within 3 days of shipment delivery (262.83(d)(2)(xv) and 262.83(f)(4)). When shipment must be managed 12/31/2016 ...... when consent period ends ...... required per previous Part 262 at alternate facility in the country Subpart H. of import or another country, or returned to the U.S., the ex- porter must ensure such ar- rangements. If the waste must be returned, the exporter must provide for the return of the haz- ardous waste shipment within ninety days from the time the country of import informs EPA of the need to return the waste or such other period of time as the concerned countries agree (262.83(e)). Exporter must submit exception re- 12/31/16; paper submittal to EPA paper submittal required per pre- paper submittal required per pre- port to EPA within 30 days (or 1 required until future electronic vious Part 262 Subpart E. vious Part 262 Subpart H. day prior to return shipment import-export reporting compli- start) if the exporter does not get ance date; electronic submittal copy of manifest noting actual to EPA required thereafter. departure within 45 days of ship- ment pickup, or if the exporter does not get confirmation of re- ceipt within 90 days of initial shipment pickup, or if the foreign facility notifies the exporter of the need to return shipment to U.S. or arrange alternate man- agement (262.83(h)). Foreign facilities must (per contract 12/31/2016; no paper submittal to when consent period ends ...... paper submittal required per pre- terms) send confirmation of re- EPA; electronic submittal to vious Part 262 Subpart H. covery or disposal no later than EPA using EPA’s WIETS re- 30 days of completing manage- quired to be in contract for ship- ment of shipment and no later ments on or after future compli- than one year after shipment de- ance date for electronic filing. livery to exporter, country of im- port if it controls the shipment as hazardous waste, and for ship- ments occurring on or after fu- ture electronic import-export re- porting compliance date, to EPA using EPA’s WIETS (262.83(f)(5)).
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Compliance date for existing Compliance date for existing Compliance date for new or shipments with Canada, Mexico, shipments with OECD country Major regulatory provisions renewing shipments requiring Chile, or any non-OECD country other than Canada, Mexico or in final rule consent on or after occurring under consent issued Chile occurring under consent December 31, 2016 by EPA prior to issued by EPA prior to December 31, 2016 December 31, 2016
Foreign facilities that performed in- 12/31/2016; no paper submittal to when consent period ends ...... paper submittal required per pre- terim recovery or disposal oper- EPA; electronic submittal to vious Part 262 Subpart H. ations must (per contract terms) EPA using EPA’s WIETS re- promptly send confirmation of quired to be in contract for ship- final recovery or disposal that it ments on or after future elec- receives from final recovery or tronic import-export reporting disposal facility no later than compliance date. after final facility receives ship- ment to exporter, country of im- port if it controls the shipment as hazardous waste, and for ship- ments occurring on or after fu- ture electronic import-export re- porting compliance date, to EPA using EPA’s WIETS (262.83(f)(6)). Exporters must submit export an- 12/31/2016; until one year after paper submittal required per pre- paper submittal required per pre- nual report with all OECD items AES filing compliance date, ex- vious Part 262 Subpart E (with vious Part 262 Subpart H. to EPA by March 1 detailing ac- porter must either submit paper the exception of OECD-only tual shipments made the pre- report to EPA or submit elec- items). vious calendar year (262.83(g)). tronically to EPA using EPA’s WIETS if exporter has filed in AES for all shipments made the previous calendar year; elec- tronic submittal to EPA using EPA’s WIETS required there- after. Exporters must keep each record 12/31/2016 ...... 12/31/16; recordkeeping of paper 12/31/16; recordkeeping of paper for 3 years, may keep electroni- records required under previous records required under previous cally submitted documents in Part 262 Subpart E. Part 262 Subpart H. EPA’s WIETS, providing docu- ments are made available to EPA or authorized State inspec- tor upon request (262.83(i)).
For Exports of Excluded Cathode Ray Tubes for recovery:
Exporters must submit export no- 12/31/2016 ...... N/A; submittal of notice only re- N/A; submittal of notice only re- tice or renotification electroni- quired for new or renewing ex- quired for new or renewing ex- cally using EPA’s WIETS port shipments. port shipments. (261.39(a)(5)(ii), 261.39(a)(5)(vi)). Exporters must file in AES for Optional to file in AES from 12/31/ same ...... same. every shipment to validate con- 2016 until future AES filing sent on or after a future AES fil- compliance date; required to file ing compliance date in AES thereafter. (261.39(a)(5)(v)). Exporters must submit export an- 12/31/2016; paper submittal to same ...... same. nual reports to EPA EPA prior to one year after fu- (261.39(a)(5)(xi)). ture AES filing compliance date; electronic submittal to EPA using EPA’s WIETS thereafter. Exporters must keep each record 12/31/2016 ...... 12/31/16; recordkeeping of paper 12/31/16; recordkeeping of paper for 3 years, may keep electroni- records required previously. records required previously. cally submitted documents in EPA’s WIETS, providing docu- ments are made available to EPA or authorized State inspec- tor upon request (261.39(a)(5)(ix), 261.39(a)(5)(xi)).
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Compliance date for existing Compliance date for existing Compliance date for new or shipments with Canada, Mexico, shipments with OECD country Major regulatory provisions renewing shipments requiring Chile, or any non-OECD country other than Canada, Mexico or in final rule consent on or after occurring under consent issued Chile occurring under consent December 31, 2016 by EPA prior to issued by EPA prior to December 31, 2016 December 31, 2016
For Exports or Imports of Excluded Samples for Characterization or Treatability Studies:
Mass of excluded sample to be ex- 12/31/2016; samples exceeding 12/31/2016; samples exceeding 12/31/2016; samples exceeding ported to a foreign lab or im- 25 kg must follow export or im- 25 kg must follow export or im- 25 kg must follow export or im- ported to a U.S. lab must be no port requirements in Part 262 port requirements in Part 262 port requirements in Part 262 more than 25 kg and comply Subpart H. Subpart H. Subpart H. with all other conditions of sam- ple exclusions (262.82(d), 261.4(d), 261.4(e)).
For Imports of Hazardous Waste Managed under Part 262, Part 266 or Part 273:
Recognized traders must obtain 12/31/2016 ...... Recognized trader may continue Recognized trader may continue EPA ID number prior to arrang- managing shipments occurring managing shipments occurring ing for import (262.12(d)). under consent issued prior to under consent issued prior to 12/31/16 until consent period 12/31/16 until consent period ends without EPA ID number, ends without EPA ID number, but may not arrange renewal or but may not arrange renewal or new imports without EPA ID new imports without EPA ID number. number. Importers must establish/amend 12/31/2016 ...... When consent period for consent When consent period for consent contracts or equivalent arrange- issued to foreign exporter or im- issued to foreign exporter or im- ments to include items listed in porter ends; if requesting re- porter ends; if requesting re- 262.84(f). newal of existing shipments, newal of existing shipments, should establish/amend con- should establish/amend con- tract during existing period of tract during existing period of consent so in place prior to for- consent so in place prior to for- eign exporter submitting notice eign exporter submitting notice to country of export for renewal. to country of export for renewal. When country of export does not 12/31/16; paper submittal to EPA N/A; submittal of notice only re- N/A; submittal of notice only re- control as hazardous waste ex- required prior to future elec- quired for new or renewing im- quired for new or renewing im- port, importers must submit im- tronic import-export reporting port shipments. port shipments. Paper submittal port notice or renotification with compliance date; electronic required when country of export all required OECD items to EPA submittal to EPA using EPA’s does not control as hazardous (262.84(b), 264.12(a)(1), WIETS required thereafter. waste export per previous Part 265.12(a)(1)). 262 Subpart H. Importers must prepare and pro- 12/31/2016 ...... 12/31/2016; required under pre- 12/31/16; required under previous vide RCRA manifest for every vious Part 262 Subpart F. Part 262 Subpart H. shipment (262.84(c)). Receiving facilities must send con- 12/31/2016; no paper submittal to when consent period ends ...... when consent period ends; paper firmation of receipt using inter- EPA; electronic submittal to submittal required per previous national movement document EPA using EPA’s WIETS re- Part 262 Subpart H. within 3 days of shipment deliv- quired for shipments on or after ery to foreign exporter, to coun- future electronic import-export tries of export and transit that reporting compliance date. control it as hazardous waste export or transit respectively, and for shipments occurring after the future electronic import- export reporting compliance date, to EPA electronically using EPA’s WIETS (262.84(d)(2)(xv), 264.12(a)(2), 264.71(d), 265.12(a)(2), 265.71(d), 267.71(d)). Receiving facilities must add waste 12/31/2016 ...... 12/31/2016; replaces requirement 12/31/2016; replaces requirement consent numbers matched to to submit paper manifest with to submit paper manifest with each waste listed in RCRA copy of import consent docu- copy of import consent docu- manifest and send copy of mentation in previous Part 264/ mentation in previous Part 264/ signed manifest to EPA’s Inter- 265/267. 265/267. national Compliance Assurance Division within 30 days of ship- ment delivery until such time the facility can send the paper mani- fest to the e-Manifest system (264.71(a)(3), 265.71(a)(3), 267.71(a)(3)).
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Compliance date for existing Compliance date for existing Compliance date for new or shipments with Canada, Mexico, shipments with OECD country Major regulatory provisions renewing shipments requiring Chile, or any non-OECD country other than Canada, Mexico or in final rule consent on or after occurring under consent issued Chile occurring under consent December 31, 2016 by EPA prior to issued by EPA prior to December 31, 2016 December 31, 2016
Receiving facilities must inform im- 12/31/16; paper submittal to EPA when consent period ends ...... when consent period ends; paper porter, foreign exporter, and required prior to future elec- submittal required per previous EPA of need to arrange alter- tronic import-export reporting Part 262 Subpart H. nate management for shipment compliance date; electronic or to return shipment to country submittal to EPA using EPA’s of export (262.84(f)(4)(i), WIETS required thereafter. 264.12(a)(3), 265.12(a)(3)). Receiving facilities must send con- 12/31/2016; no paper submittal to when consent period ends ...... when consent period ends; paper firmation of recovery/disposal no EPA prior to future electronic submittal required per previous later than 30 days of completing import-export reporting compli- Part 262 Subpart H. management of shipment and ance date; electronic submittal no later than one year after ship- to EPA using EPA’s WIETS ment delivery to foreign ex- thereafter. porter, to country of export if the country of export controls it as hazardous waste export, and on or after future electronic import- export reporting compliance date, to EPA electronically using EPA’s WIETS (262.84(g), 264.12(a)(4)(i), 265.12(a)(4)(i)). Receiving facilities that performed 12/31/2016; no paper submittal to when consent period ends ...... when consent period ends; paper interim recovery or disposal op- EPA prior to future electronic submittal required per previous erations must promptly send import-export reporting compli- Part 262 Subpart H. confirmation of final recovery/ ance date; electronic submittal disposal that it receives from to EPA using EPA’s WIETS final recovery/disposal facility no thereafter. later than after final facility re- ceives shipment to foreign ex- porter, to the country of export if the country controls it as a haz- ardous waste export, and on or after future electronic import-ex- port reporting compliance date, to EPA using EPA’s WIETS (262.84(f)(6), 264.12(a)(4)(ii), 265.12(a)(4)(ii)).
III. Detailed Discussion of the Final and establish or amend a contract or Assuming the exporter obtains Rule equivalent arrangement between all consent to export on or after the parties to require all the OECD-based effective date of this action, the exporter A. Consolidation of Hazardous Waste requirements prior to submitting the must prepare and provide an Import and Export Requirements export notice electronically. Any international movement document Consistent With Current OECD importer must similarly register in containing all the items listed in Procedures EPA’s CDX, obtain an EPA ID number § 262.83(d) for each export shipment, As discussed in the previous section, if he or she is a recognized trader that require that the movement document existing export or import shipments does not already have one, and establish accompanies each shipment all the way occurring under the terms of a consent or amend a contract or equivalent from the shipment starting point in the issued prior to the effective date of this arrangement between all parties to U.S. to the receiving facility in the action are not required to comply with require all the OECD-based country of import, and that all required the OECD-based requirements in the requirements prior to the expiration of signatures are obtained. If the shipment newly expanded and reorganized Part the consent issued to the foreign starting point is different from the 262 subpart H, and instead must exporter. Lastly, receiving facilities that exporter’s address, the movement continue to comply with the terms of do not also act as an exporter or as an document must list both the exporter’s the consent and the requirements that importer must register in EPA’s CDX and the shipment origination applied at the time the consent was prior to the electronic import-export information (e.g., facility name, address, issued until the consent expires. Prior to reporting compliance date in order to contact name and phone number, fax the expiration of the consent period, any electronically submit to EPA import number and email address). The exporter wishing to submit an export confirmations of receipt, import exporter must require the foreign notice requesting new consent or a confirmations of recovery or disposal, receiving facility per contract terms to renewal of a previous consent must and receiving facility notifications of the use the movement document to confirm register in EPA’s CDX, obtain an EPA ID need to arrange alternate management or acceptance of the waste shipment, or to number if he or she is a recognized the return of an individual import document partial or total rejection of the trader that does not already have one, shipment. waste shipment. Exporters may use the
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widely accepted OECD/Basel facility is solely performing an interim and EPA of the need to arrange alternate international movement document, or recovery or disposal operation prior to management or the return of the import any other movement document required final recovery or disposal at a final shipment. In cases of return, EPA will by the country of import provided that facility, the contract must require the then notify the country of export of the all the required information can be foreign facility to promptly forward need for the return within 90 days. included on the movement document. copies of confirmations of recovery or If the receiving facility is solely Environment and Climate Change disposal that it receives in turn from the performing interim recovery or disposal Canada (ECCC) confirmed that use of final facility to the exporter, the country operations prior to final recovery or the Canadian movement document is of import, and on or after the future disposal at another facility, the required in 2015, and Mexico’s electronic import-export reporting receiving facility must promptly send Secretarı´a de Medio Ambiente y compliance date, to EPA using EPA’s confirmations of final recovery or Recursos Naturales (SEMARNAT) WIETS. By March 1 of each year, the disposal it receives from the final confirmed in Spring 2016 that they exporter must submit an annual report facility to the foreign exporter, to the would prefer use of the Mexican summarizing all the shipments made country of export if it controls the tracking document to minimize the during the previous calendar year. All shipment as an export of hazardous number of tracking documents records must be kept by the exporter for waste, and on or after the future accompanying each shipment. Use of at least three (3) years. Records electronic import-export reporting the Mexican tracking document is submitted electronically may be kept in compliance date, to EPA. acceptable to EPA so long as all required the user’s account in WIETS, but must B. Transition From Paper-Based to items in § 262.83(d) are included. The be made available to EPA or an Electronic Port Procedures Under ITDS contract terms must require foreign authorized state inspector upon request. for RCRA Waste Exports Subject to facilities to send copies of the No exporter may be held liable for the Notice and Consent international movement document to inability to produce such documents for Under Executive Order 13659, EPA confirm receipt to the exporter, the inspection under this section if the and CBP must have the capabilities, country of import and any countries of exporter can demonstrate that the agreements, and requirements in place transit that control the shipment as an inability to produce the document is to utilize electronic processes in AES, or import or transit shipment of hazardous due exclusively to technical difficulty its successor system, in place of existing waste, respectively, and for shipments with WIETS for which the exporter paper processes at the port or border occurring on or after the future bears no responsibility. crossing required to clear export electronic import-export reporting With respect to import shipments, a shipments for departure. Under existing compliance date EPA will establish in a contract or equivalent arrangement paper processes for shipments occurring separate FR notice, to EPA using EPA’s between all parties to require all the under consents issued prior to the WIETS within three (3) days of OECD-based requirements must be effective date of this action, transporters shipment delivery. If the foreign facility established prior to any submittal of a of hazardous waste export shipments rejects the shipment in part or in whole, notice. In most cases, prior notice is must carry paper documentation that the contract terms must require the submitted and the eventual consent is the exporter has received consent to foreign facility to notify the exporter issued to the foreign exporter rather export the wastes in the shipment, in and the country of import of the need than the importer. At the time the the form of either EPA’s AOC letter for to arrange alternate management or the consent is sent back to the foreign export shipments to Canada, Chile, return of the waste to the United States. exporter via the country of export, EPA Mexico, or any non-OECD country, or a If alternate management in the country will send a copy of import consent movement document for export of import that is acceptable to the documentation to the receiving facility shipments to all other OECD countries. exporter and the country of import as well. But for cases where the country In addition, for manifested hazardous cannot be found, the exporter must of export does not control the shipment waste shipments the transporter must provide for the return of the export as an export of hazardous waste, for give a copy of the signed and dated shipment within 90 days or some other whatever reason, the importer will be RCRA manifest to the U.S. customs time frame to which the relevant required to submit a notice directly to official at the point of departure. Under competent authorities all agree. Whether EPA requesting consent for the the new electronic procedures in AES, the shipment is managed at an alternate shipments to occur. EPA will issue the or its successor system, exporters will location or returned, the exporter must consent in such cases to the importer, file the following EPA data in the AES, submit an exception report to EPA. and will send a copy of the consent along with the other information If the shipment is accepted by the documentation to the receiving facility required under 15 CFR 30.6: foreign facility for recovery or disposal, as well. Just as with export shipments, (1) EPA license required indicator (to the exporter’s contract must require the the shipments must be accompanied by declare shipment is subject to foreign facility to confirm completion of an international movement document RCRA export notice and consent recovering or disposing of the waste in and the receiving facility must both requirements) the shipment as soon as possible but no confirm receipt and confirm recovery or (2) Commodity classification code (10 later than thirty (30) days after disposal of the waste shipment. If the digit, numeric description of the completing recovery or disposal of the country of export does not control the commodity) per 15 CFR 30.6(a)(12) shipment, and no later than one (1) year shipment as an export of hazardous (3) EPA consent number (specific to from the shipment’s delivery to the waste, the receiving facility does not waste) foreign facility. The exporter’s contract have to send the confirmations of (4) Country of ultimate destination per must also require that the foreign receipt or the confirmations of recovery 15 CFR 30.6(a)(5) facility send such confirmations to the or disposal to the country of export. If (5) Date of export per 15 CFR 30.6(a)(2) exporter, the country of import, and on the receiving facility cannot accept the (6) RCRA hazardous waste manifest or after the future electronic import- waste shipment, it must notify the tracking number (if required; export reporting compliance date, to foreign exporter, the importer (if universal waste, CRTs being EPA using EPA’s WIETS. If the foreign different from the receiving facility), shipped for recycling, industrial
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ethyl alcohol being shipped for that specifies the error in the filing. The C. Conversion of Paper Submittals for reclamation, and SLABs being filer will then need to correct and Imports and Exports to Electronic shipped for recovery of lead are resubmit the filing. Lastly, if the EPA Submittals Using EPA’s Waste Import exempt from RCRA manifest net shipping quantity is required to be Export Tracking System requirements under existing RCRA entered based on the commodity As discussed in the previous section, regulations) classification number entered and the EPA has not yet completed or tested out (7) Quantity of waste in shipment and filer does not enter that quantity, the electronic versions of the export units for reported quantity (units AES will provide a fatal error message exception report, export confirmation of established by commodity for the filer that specifies the error in the receipt, export confirmation of recovery classification number) filing. The filer will then need to correct or disposal, import notification, import (8) EPA net quantity and EPA net and resubmit the filing. AES will not confirmation of receipt, import quantity units of measure (if issue an Internal Transaction Number confirmation of recovery or disposal, or required, must be reported in (ITN) to indicate successful completion the receiving facility notification of the kilograms if solid waste, and in until the filing passes all validations. need to arrange alternate management or liters if liquid waste; only required The exporter and transporter will be in return of an import shipment. Electronic if commodity classification number violation of the FTR if the shipment is submittal of these documents is does not require quantity to be exported without a valid ITN. When the therefore not required until a future reported in weight or volume units) shipment is validated and the ITN electronic import-export reporting Of the items listed previously, only issued, the shipment will be cleared to compliance date that EPA will establish the ‘‘EPA license code’’, ‘‘EPA consent leave the port of export. in a separate Federal Register notice. number’’, ‘‘RCRA hazardous waste The electronic export notice has been manifest tracking number’’, ‘‘EPA net As discussed in the previous section, completed, and electronic submittal of quantity’’, and ‘‘EPA net quantity units EPA is establishing a transition period export notices requesting new or of measurement’’ are not already under which exporters may choose to renewed consent will be required on the required to be filed in AES under the comply with either the electronic AES effective date of this action. The U.S. Census Bureau’s Foreign Trade filing procedures or the paper-based electronic export annual report has been Regulations (FTR). Of these five items, procedures at the port. Exporters completed but since the draft export one item is only required if the waste is choosing to use the paper process at the annual report will be built using AES subject to RCRA manifesting port must provide the paper filing data on validated export requirements and two of the remaining documentation of consent to the initial shipments that is automatically sent items are only required in cases where transporter, along with a paper RCRA from AES to EPA’s WIETS, electronic the commodity classification number- manifest if the shipment is required to submittal of the export annual report based quantity reporting does not be manifested, and must instruct the will not be required until one year after require that the quantity of the transporter via email, mail or fax to give the AES filing compliance date. Paper commodity in the shipment be reported a copy of the signed and dated RCRA submittals of export annual reports, in weight or volumetric units (e.g., kg or manifest to the U.S. customs official at export exception reports, import L). Because an EPA license, or an EPA the port or border crossing. Exporters notices, and receiving facility consent number, is required, AES will choosing to use electronic AES filing notifications of the need to arrange require the two to five additional items procedures must file the EPA data listed alternate management or return of an to be filed, as appropriate, and will above in AES as part of their electronic individual import shipment will be validate the country of ultimate export information in AES, obtain an required from the effective date of this destination and the date of export ITN number, provide the ITN number to action until the future electronic import- against EPA-supplied reference data for the initial transporter, and if providing export reporting compliance date. No the entered EPA consent number. If the the transporter with a paper RCRA submittals to EPA of export consent number is not in the correct manifest, confirm to the transporter that confirmations of receipt, export format, AES will provide a fatal error no manifest must be given to the U.S. confirmations of recovery or disposal, message for the filer that specifies the customs official at the port by manually import confirmations of receipt, or error in the filing. The filer will then crossing out the sentence instructing import confirmations of recovery or need to correct and resubmit the filing transporters to do so in the Instructions disposal will be required until the to correct it. If the country of ultimate for the International Block on the RCRA future electronic import-export destination does not match the country manifest. reporting compliance date, on or after of import for the consent number, AES which electronic submittal of these will provide a fatal error message for the EPA will coordinate with CBP on the documents to EPA using EPA’s WIETS filer that specifies the error in the filing. selection of the future AES filing will be required. The filer will then need to correct and compliance date, but we anticipate that resubmit the filing. If the expected date it will likely be at the start of a calendar D. Availability of Electronic Reporting of shipment departure does not fall year to ensure a full calendar year of As of December 31, 2016, exporters of within the start date and end date for AES filing data for the first year to cathode ray tubes for recycling (40 CFR the consent number, AES will provide enable EPA to build draft export annual 261.39(a)(5)(ii)) or RCRA-regulated a fatal error message for the filer that reports in EPA’s WIETS for electronic hazardous wastes (40 CFR 262.83(b)) specifies the error in the filing. The filer review and submittal by exporters. EPA must complete and submit hazardous will then need to correct and resubmit will announce the future AES filing waste export notices using EPA’s the filing. If a RCRA manifest is required compliance date in a separate Federal WIETS. EPA’s Central Data Exchange for the consent number and the filer Register notice. On or after the AES (CDX) is the agency entry point for the does not enter a correctly formatted filing compliance date, all exporters of agency electronic reporting. EPA’s RCRA manifest number (i.e., nine digits hazardous waste and cathode ray tubes WIETS can be accessed by logging into followed by three letters), AES will for recycling will be required to comply EPA’s CDX. As part of the one-time CDX provide a fatal error message for the filer with the AES filing requirements. registration process, individual
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exporters and export preparers must 267.71(a)(6), respectively, does not official at the point of departure from create a CDX account.8 As of one year specify exactly where on the manifest the United States has been amended to after the AES filing compliance date, the consent numbers must be added. If reflect the transition period prior to the exporters of cathode ray tubes for additional space is needed to list the AES filing compliance date during recycling (40 CFR 261.39(a)(5)(xi)) or consent numbers for each waste on the which the exporter may choose to either RCRA-regulated hazardous wastes (40 paper manifest, a continuation sheet electronically file EPA information in CFR 262.83(g)) can review draft export (EPA Form 8700–22A) should be used. AES or follow the existing paper-based annual reports generated by WIETS and EPA is not specifying where on the process at the port. During the transition submit final export annual reports manifest to list the consent number for period, exporters will be required to similarly using EPA’s WIETS. They can each waste in order to give the exporters inform the transporter via mail, email or prepare, sign, submit and receive receipt and receiving facilities more flexibility fax whether they have chosen to follow of their export notice or their annual in listing the numbers on paper paper-based processes so that the report in WIETS. The submitter can also manifests, and to give EPA more transporter will know whether or not he track which of their export notices are flexibility in determining how best to or she is required to carry paper pending or processed. design data entry of the consent documentation of consent (i.e., EPA A separate Federal Register Notice numbers in the e-Manifest currently Acknowledgement of Consent letter, will be published for the other 7 reports under development. Unlike the other international movement document) with (40 CFR 262.83(d)(2)(xv), 262.83(f)(4), requirements in this rule that are based the shipment and to give a copy of the 262.83(f)(5), 262.83(f)(6), 262.83(h), on the OECD procedures, these new paper manifest to the U.S. customs 262.84(b), 262.84(d)(2)(xv), requirements apply even to existing official at the port or border crossing. 262.84(f)(4)(i), 262.84(f)(6), 262.84(g), hazardous waste export and import On or after the AES filing compliance 264.12(a)(1), 264.12(a)(2), 264.12(a)(3), shipments occurring under the terms of date, no transporter will be required to 264.12(a)(4)(i), 264.12(a)(4)(ii), a consent issued prior to the effective give a copy of a paper manifest to the 264.71(d), 265.12(a)(1), 265.12(a)(2), date of this action. U.S. customs official. Lastly, the final 265.12(a)(3), 265.12(a)(4)(i), Specific to hazardous waste import revision to the instructions for Item 16 265.12(a)(4)(ii), 265.71(d)). shipments, receiving facilities continue in the Appendix to Part 262 has been How to Access the System: WIETS can to be required to submit paper import modified to delete the last sentence in be accessed by going to https:// manifests to EPA’s International the instructions to Item 16 in order to cdx.epa.gov and registering with CDX Compliance Assurance Division (ICAD) reflect that transporters will not be and selecting WIETS as your Program within thirty (30) days of shipment required to give a copy of the manifest Service. delivery, but the text in to the U.S. customs official at the point How to Get Help for the System: The §§ 264.71(a)(3)(ii), 265.71(a)(3)(ii), and of departure on or after the electronic CDX Help desk is available for help 267.71(a)(6)(ii) now clarifies that AES filing compliance date. But this with CDX registration for WIETS. There submittal to EPA ICAD is required only form change and the other form changes are also several user’s guides (for both until the receiving facility can mail the from the e-Manifest Final rule (79 FR CDX and the WIETS data system). There paper manifest to the e-Manifest system 7518) will not be implemented until the is a user guide to guide the user through per §§ 264.71(a)(2)(v) or 265.71(a)(2)(v). e-Manifest system is available for use, the registration process on CDX and Specific to hazardous waste export and on or after the AES filing then there is a user’s guide for using shipments, EPA is not finalizing the compliance date. Manifest users and WIETS. That guide is posted in WIETS. regulatory language proposed in manifest suppliers should therefore Users may register in CDX at any time, §§ 262.83(a)(5) and (6). These provisions continue to use their existing supplies and EPA encourages those exporters and had included instructions for the of manifests. EPA encourages exporters export preparers that expect to submit exporter to obtain a confirmation of following electronic AES filing export notices in 2017 to begin the CDX receipt from the foreign facility and for procedures to manually cross out the registration process as soon as possible. the exporter to provide direction to the last sentence in the instructions for Item For assistance with registering in CDX, transporter in cases when the shipment 16 to confirm that the transporter will please contact the CDX help desk via was partially or wholly rejected by the not be required to give a copy of the phone at 888–890–1995 from 8:00 a.m. foreign facility. This regulatory language signed and dated manifest to the U.S. to 6:00 p.m. (EST/EDT), or via email at had been in the original manifest Customs official at the port or border [email protected]. For more instructions under 40 CFR part 262 crossing. subpart E. However, EPA is elsewhere information about WIETS, please finalizing similar requirements such F. Additional Requirements for contact Jin Yoo via phone at 202–564– that §§ 262.83(a)(5) and (6) are Recognized Traders Arranging for 5721 or via email at [email protected]. redundant. Specifically, Hazardous Waste Imports or Exports E. Changes to Hazardous Waste § 262.83(d)(2)(xv) requires the exporter Under this action, recognized traders Manifest Requirements for Import and to direct the foreign facility to confirm arranging for export or import will be Export Shipments receipt of each shipment, required to obtain an EPA ID number As discussed in the previous section, § 262.83(f)(3)(i) requires contract terms prior to arranging for import or export exporters and receiving facilities will be to direct the foreign facility to inform on or after the effective date of this final required to list the consent number for the exporter if the shipment cannot be rule per § 262.12. As with the each waste matched to each waste listed managed according to the consent, application of OECD procedures, in the hazardous waste manifest from 262.83(e) requires the exporter to recognized traders will not have to the effective date of this action but the arrange for the return of the waste as obtain an EPA ID number to continue managing import and export shipments regulatory text in 262.83(c)(3), needed, and 262.83(h) requires the occurring under the terms of a consent 264.71(a)(3)(i), 265.71(a)(3)(i), and exporter to file an exception reports as needed. In addition, the proposed issued by EPA prior to the effective date 8 Detailed directions on how to create a CDX deletion of the requirement for of this final rule. But any recognized account are available at https://dev.epacdx.net/ transporters to give a copy of the signed trader must have an EPA ID number About/UserGuide. and dated manifest to the U.S. customs prior to requesting a new or renewed
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consent to export or import. Regulated H. Conforming Changes to Parts 260, In contrast, under RCRA section entities request EPA ID Numbers by 262 Through 267, 271, and 273 3006(g) (42 U.S.C. 6926(g)), which was submitting EPA Form 8700–12 (or an A number of technical level added by HSWA, new requirements and authorized State’s equivalent form). EPA corrections to citations previously prohibitions imposed under HSWA Form 8700–12 will have to be modified referencing Part 262 Subparts E or F authority take effect in authorized States in order for recognized traders wishing were made to reflect applying the at the same time that they take effect in to arrange for export to request an EPA expanded Part 262 Subpart H. For a full unauthorized States. EPA is directed by ID number, as the form and its list of the corrections, please see Section the statute to implement these instructions currently do not reflect this III of the proposed rule or the regulatory requirements and prohibitions in requirement. Changes to EPA Form text in this action. authorized States, including the 8700–12 are developed and approved issuance of permits, until the State is I. Related Proposed Rulemaking separate from this action. Until changes granted authorization to do so. While to EPA Form 8700–12 can be finalized, In order to improve information on States must still adopt HSWA related EPA recommends that recognized the movement and disposition of provisions as State law to retain final traders wishing to request an EPA ID hazardous wastes, and to enable authorization, EPA implements the HSWA provisions in authorized States number in order to arrange for export of interested members of the community until the States do so. hazardous wastes fill out page 1 of the and the government to benefit from the provision of publicly accessible data, Authorized States are required to form, reflecting his or her place of modify their programs only when EPA business as the site in question, and EPA intends to separately propose that U.S. exporters and U.S. receiving enacts federal requirements that are note on the form in ‘‘Item 13- more stringent or broader in scope than Comments’’ that the requestor is a facilities be required to post the confirmations of receipt and existing federal requirements. RCRA recognized trader that arranges for section 3009 allows the States to impose import or export of hazardous waste, confirmations of recovery or disposal that they receive for export shipments standards more stringent than those in universal waste or spent lead batteries and import shipments respectively to a the federal program (see also 40 CFR subject to Part 262 Subpart H public company Web site until the 271.1). Therefore, authorized States requirements. exporters and receiving facilities are may, but are not required to, adopt G. Incorporation by Reference of OECD required to submit such confirmations federal regulations, both HSWA and non-HSWA, that are considered less Waste Lists electronically to EPA’s WIETS on or after the future electronic reporting stringent than previous federal This action updates the IBR source compliance date that EPA will establish regulations. material in § 260.11(g)(1) for the OECD in a separate Federal Register notice. B. Effect on State Authorization amber and green waste lists, and their associated waste codes, which are used IV. State Authorization Because of the federal government’s special role in matters of foreign policy, to identify a waste. The OECD waste A. Applicability of Rules in Authorized EPA does not authorize States to lists, entitled ‘‘List of Wastes Subject to States administer Federal import/export the Green Control Procedures’’ and ‘‘List Under section 3006 of RCRA, EPA functions in any section of the RCRA of Wastes Subject to Amber Control may authorize qualified States to hazardous waste regulations. This Procedures,’’ are set forth in Appendix administer their own hazardous waste approach of having Federal, rather than 3 and Appendix 4, respectively, of the programs in lieu of the federal program State, administering of the import/ OECD Decision. The most current waste within the State. Following export functions promotes national lists from the OECD Decision have been authorization, EPA retains enforcement coordination, uniformity and the consolidated and incorporated in Annex authority under sections 3008, 3013, expeditious transmission of information B and C of the 2009 ‘‘Guidance Manual and 7003 of RCRA, although authorized between the United States and foreign for the Control of Transboundary States have primary enforcement countries. Movements of Recoverable Wastes.’’ responsibility. The standards and Although States do not receive Sections 262.82(a), 262.83(b)(1)(xi), requirements for State authorization are authorization to administer the Federal 262.83(d)(2)(vi), 262.83(g)(4)(iii), found at 40 CFR part 271. government’s export functions in 40 262.84(b)(1)(xi), and 262.84(d)(2)(vi) Prior to enactment of the Hazardous CFR part 262 subpart E, import reference the IBR material in the revised and Solid Waste Amendments of 1984 functions in 40 CFR part 262 subpart F, § 260.11(g)(1). The material is available (HSWA), a State with final RCRA import/export functions in 40 CFR part for inspection at: The U.S. authorization administered its 262 subpart H, or the import/export Environmental Protection Agency, hazardous waste program entirely in relation functions in any other section Docket Center Public Reading Room, lieu of EPA administering the federal of the RCRA hazardous waste EPA West, Room 3334, 1301 program in that State. The federal regulations, State programs are still Constitution Avenue NW., Washington, requirements no longer applied in the required to adopt the provisions in this DC 20004 (Docket # EPA–HQ–RCRA– authorized State, and EPA could not rule to maintain their equivalency with 2015–0147) and may be obtained from issue permits for any facilities in that the Federal program (see 40 CFR the Organization for Economic State, since only the State was 271.10(e) which will also be amended in Cooperation and Development, authorized to issue RCRA permits. this rule). Environment Directorate, 2 rue Andre´ When new, more stringent federal This rule contains many amendments Pascal, F–75775 Paris Cedex 16, France. requirements were promulgated, the to 40 CFR part 262 subpart H, both for The material is also available online (for State was obligated to enact equivalent clarity and organization, and replaces free) at http://www.oecd.org/env/waste/ authorities within specified time frames. the regulations that are currently in 40 42262259.pdf. To contact the EPA However, the new federal requirements CFR part 262 subparts E and F with the Docket Center Public Reading Room, did not take effect in an authorized State more stringent 40 CFR part 262 subpart call (202) 566–1744. To contact the until the State adopted the federal H regulations. The rule also contains OECD, call +33 (0) 1 45 24 81 67. requirements as State law. conforming import and export-related
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amendments to 40 CFR parts 260, 261, compliance date for EPA’s WIET and 3 Act (RCRA), and as amended by the 262, 263, 264, 265, 266, 267, 271 and and 7 percent discount rates, Hazardous and Solid Waste 273, almost all of which are more respectively. Costs to industry represent Amendments, 42 U.S.C. 6905, 6906, stringent. approximately 62 percent of this total. 6912, 6921 through 6930, 6934, and The States that have already adopted This is significantly below the $100 6938. 40 CFR part 262 subparts E, F and H, 40 million threshold established under part The Office of Enforcement and CFR part 263, 40 CFR part 264, 40 CFR 3(f)(1) of the Executive Order. This rule Compliance Assurance, U.S. EPA, uses part 265, and any other import/export is therefore not considered to be an the information provided by each U.S. related regulations must adopt the economically significant action. exporter, receiving facility, transporter, revisions to those provisions in this In addition to calling for assessment and recognized trader to determine final rule. But only States that have of regulatory costs, the Executive Order compliance with the applicable RCRA previously adopted the optional CRT also requires Federal agencies to assess regulatory provisions. In addition, the conditional exclusion in 40 CFR 261.39, benefits and, ‘‘recognizing that some information is used to determine the or the optional exclusions for samples costs and benefits are difficult to number, origin, destination, and type of in 40 CFR 261.4(d) and 40 CFR 261.4(e) quantify, propose or adopt a regulation exports from and imports to the U.S. for are required to adopt the revisions only upon a reasoned determination tracking purposes and for reporting to related to those exclusions in this final that the benefits of the intended the OECD. This information also is used rule. regulation justify its costs.’’ As to assess the efficiency of the program. When a State adopts the import/ described in Chapter 3 of the RIA, Most of the information required by export provisions in this rule (if final), monetization of all the rule’s benefits is the regulations covered by this ICR is they must not replace Federal or not possible given limitations in the not available from any source but the international references or terms with available data. The analysis, however, respondents. In certain occasions, such State references or terms. estimates that the rule will lead to as the notification of intent to export The provisions of this rule will take quantifiable annualized cost savings of hazardous waste, EPA allows the effect in all States on the effective date $0.7 million using a discount rate of 3 primary exporter to submit one notice of the rule, since these import and percent or 7 percent associated with the that covers activities over a period of export requirements will be relaxation of certain requirements and twelve months. administered by the Federal government Agency benefits associated with the Except as described below, this rule as a foreign policy matter, and will not electronic submission of notices, annual does not result in the collection of be administered by States. reports, and other documents. Cost duplicate data. Although some of the savings to industry represent information required for the hazardous V. Statutory and Executive Order approximately 66 percent of this total. waste manifest and the movement Reviews In addition, the rule would lead to document is substantively the same, up Additional information about these certain benefits that cannot be to six pieces of additional information statutes and Executive Orders can be quantified. These include increased are required for the movement found at https://www.epa.gov/laws- efficiency and convenience of electronic document. In addition, these two regulations/laws-and-executive-orders. submission, enhanced tracking of documents serve different purposes. A hazardous waste transportation signed copy of the hazardous waste A. Executive Order 12866: Regulatory manifest, which is not valid beyond Planning and Review and Executive recognized trader activities, increased regulatory efficiency, consistency with U.S. borders, is sent back to the U.S. Order 13563: Improving Regulation and exporter when the shipment leaves the Regulatory Review trade requirements for OECD countries, reduction of risks associated with the U.S. to verify pertinent information, This action is a significant regulatory treatment and disposal of hazardous including point of departure, date of action that was submitted to the Office wastes, and improved ability to acquire departure, destination, and contents of of Management and Budget (OMB) for information regarding exports and the shipment. The movement document review, because it may raise novel legal imports of hazardous waste. must accompany the shipment until it or policy issues [3(f)(4)] arising out of reaches the foreign recovery facility. legal mandates, although it is not B. Paperwork Reduction Act (PRA) The signed movement document is economically significant. Any changes The information collection activities subsequently returned to EPA and the made in response to OMB in this rule have been submitted for U.S. exporter to acknowledge receipt of recommendations have been approval to the Office of Management the shipment. documented in the docket. The EPA and Budget (OMB) under the PRA. The In certain cases, some of the prepared a regulatory impact analysis of Information Collection Request (ICR) information on the tracking document the potential costs and benefits document that the EPA prepared has also may be collected in the Automated associated with this action. This been assigned EPA ICR number 2519.02, Export System (AES), or successor analysis, titled ‘‘Regulatory Impact OMB ICR Control Number 2050–0214. system. An AES filing is required for all Analysis: EPA’s Hazardous Waste You can find a copy of the ICR in the shipments that are valued over $2,500 Export-Import Revisions Final Rule,’’ is docket for this rule, and it is briefly per Schedule B number or when a available in the docket. summarized here. license is required. However, the This rule is projected to result in The requirements covered in this ICR information currently contained in the aggregate annualized costs (i.e., are necessary for EPA to oversee the AES is not adequate for EPA’s purpose including both industry and government international trade of hazardous wastes. of tracking and identifying the export of costs) of approximately $2.42 and $2.44 EPA is promulgating the above hazardous waste from the U.S. For million using a discount rate of 3 regulatory changes/amendments under example, the wastes are identified by percent or 7 percent, and assuming a the authority of Sections 1006, 1007, tariff codes that are less precise than the 2018 electronic import-export reporting 2002(a), 3001 through 3010, 3013 waste codes required by the tracking compliance date for EPA’s WIETS. Costs through 3015, and 3017 of the Solid document. are $2.37 and 2.38 million assuming a Waste Disposal Act, as amended by the Section 3007(b) of RCRA and 40 CFR 2022 electronic import-export reporting Resource Conservation and Recovery part 2, subpart B, which defines EPA’s
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general policy on public disclosure of D. Unfunded Mandates Reform Act H. Executive Order 13211: Actions information, contain provisions for (UMRA) Concerning Regulations That confidentiality. However, the Agency Significantly Affect Energy Supply, does not anticipate that businesses will This action does not contain an Distribution, or Use unfunded mandate of $100 million or assert a claim of confidentiality covering This action is not a ‘‘significant all or part of the final rule. If such a more as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or energy action’’ because it is not likely to claim were asserted, EPA must and will have a significant adverse effect on the treat the information in accordance with uniquely affect small governments. Further, UMRA does not apply to the supply, distribution or use of energy. the regulations cited above. EPA also This action will have little to no effect will assure that this information portions of this action concerning application of OECD import and export on the supply, distribution, or use of collection complies with the Privacy energy, as this action is intended to procedures because those portions are Act of 1974 and OMB Circular 108. prevent mismanagement of hazardous necessary for the national security or the Respondents/affected entities: wastes in foreign countries and better ratification or implementation of Importers, exporters, and recycling and document proper management of international treaty obligations (i.e., the disposal facilities. imported hazardous wastes in the 1986 OECD Decision-Recommendation Respondent’s obligation to respond: United States. Mandatory (RCRA 3002 (42 U.S.C 6922) and the Amended 2001 OECD Decision). I. National Technology Transfer and and RCRA 3003 (42 U.S.C 6923)). E. Executive Order 13132: Federalism Estimated number of respondents: Advancement Act (NTTAA) 1,305. This action does not have federalism This rulemaking does not involve Frequency of response: Annual or on implications because the state and local technical standards. occasion. governments do not administer the Total estimated burden: 29,563 hours export and import requirements under J. Executive Order 12898: Federal (per year). Burden is defined at 5 CFR RCRA. It will not have substantial direct Actions To Address Environmental 1320.3(b). effects on the states, on the relationship Justice in Minority Populations and Low-Income Populations Total estimated cost: $1,958,103 between the national government and million, includes $19,455 annualized the states, or on the distribution of The EPA believes the human health or capital or operation & maintenance power and responsibilities among the environmental risk addressed by this costs. various levels of government. action will not have potential An agency may not conduct or disproportionately high and adverse sponsor, and a person is not required to F. Executive Order 13175: Consultation human health or environmental effects respond to, a collection of information and Coordination With Indian Tribal on minority, low-income or indigenous unless it displays a currently valid OMB Governments populations because this action should control number. The OMB control prevent mismanagement of hazardous numbers for the EPA’s regulations in 40 This action does not have tribal implications as specified in Executive wastes in foreign countries and better CFR are listed in 40 CFR part 9. When document proper management of OMB approves this ICR, the Agency will Order 13175. No exporters, importers or transporters affected by this action are imported hazardous wastes in the announce that approval in the Federal United States. Specifically, this action is Register and publish a technical known to be owned by Tribal governments or located within or designed to increase tracking of amendment to 40 CFR part 9 to display individual hazardous waste import and the OMB control number for the adjacent to Tribal lands. Thus, Executive Order 13175 does not apply export shipments, improve regulatory approved information collection efficiency and improve information to this action. activities contained in this final rule. collection on imports and exports of C. Regulatory Flexibility Act (RFA) G. Executive Order 13045: Protection of hazardous wastes subject to RCRA Children From Environmental Health notice and consent requirements. I certify that this action will not have Risks and Safety Risks a significant economic impact on a K. Executive Order 13659: Streamlining substantial number of small entities The EPA interprets Executive Order the Export/Import Process for America’s under the RFA. The small entities 13045 as applying only to those Businesses subject to the requirements of this regulatory actions that concern Executive Order 13659, titled action are exporters, importers, environmental health or safety risks that ‘‘Streamlining the Export/Import transporters, and recognized traders. the EPA has reason to believe may Process for America’s Businesses’’ (79 The Agency has determined that disproportionately affect children, per FR 10657, February 25, 2014), between 22 and 25 percent of exporters, the definition of ‘‘covered regulatory establishes federal executive policy on importers, and recognized traders, and action’’ in section 2–202 of the improving the technologies, policies, approximately 80 percent of Executive Order. This action is not and other controls governing the transporters, are small entities, for a subject to Executive Order 13045 movement of goods across our national total of 555 small entities, may because it is not economically borders. It directs participating agencies experience an impact between 0.1 and significant as defined in Executive to have capabilities, agreements, and 0.3 percent of annual revenues. Thus, Order 12866, and because the EPA does other requirements in place by the average costs of the rule, on a per not believe the environmental health or December 31, 2016, to utilize the ITDS entity basis, is expected to be less than safety risks addressed by this action and supporting systems as the primary one percent of annual revenues for any present a disproportionate risk to means of receiving from users the regulated entity. Details of this analysis children. The procedural requirements standard set of data and other relevant are presented in the document titled in this action should prevent documentation (exclusive of ‘‘Regulatory Impact Analysis: EPA’s mismanagement of hazardous wastes in applications for permits, licenses, or Hazardous Waste Export-Import foreign countries and better document certifications) required for the release of Revisions Final Rule,’’ which is proper management of imported imported cargo and clearance of cargo available in the docket. hazardous wastes in the United States. for export. To meet the requirement of
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the Executive Order, portions of this 40 CFR Part 266 Import Export Tracking System, or its action directly require exporters subject successor system. Environmental protection, Exports, to RCRA export consent requirements to * * * * * electronically file consent related data Hazardous recyclable materials, Imports, Precious metal recovery, Recognized trader means a person and the manifest tracking number domiciled in the United States, by site within AES, the supporting IT system Recycling, Spent lead-acid batteries, Waste treatment and disposal. of business, who acts to arrange and for exports under the ITDS after a facilitate transboundary movements of transition period. Additionally, this 40 CFR Part 267 wastes destined for recovery or disposal action improves regulatory efficiency Environmental protection, Hazardous operations, either by purchasing from related to hazardous waste imports and and subsequently selling to United exports by consolidating import and waste, Imports, Reporting and recordkeeping requirements. States and foreign facilities, or by acting export procedures for hazardous waste under arrangements with a United into one set of procedures that are 40 CFR Part 271 States waste facility to arrange for the widely accepted by other countries, and export or import of the wastes. by replacing existing submittals to EPA Environmental protection, * * * * * of paper documentation related to Administrative practice and procedure, hazardous waste imports and exports Hazardous materials transportation, ■ 3. Amend § 260.11 by revising with electronic submittal into EPA’s Hazardous waste, Intergovernmental paragraph (g) to read as follows: relations, Penalties, Reporting and WIETS. Thus, this action complies with § 260.11 Incorporation by reference. Executive Order 13659. recordkeeping requirements. * * * * * 40 CFR Part 273 L. Congressional Review Act (g) The following materials are available for purchase from the This action is subject to the CRA, and Environmental protection, Exports, Organization for Economic Cooperation the EPA will submit a rule report to Imports, Universal waste. and Development, Environment each House of the Congress and to the Dated: October 28, 2016. Directorate, 2 rue Andre´ Pascal, F– Comptroller General of the United Gina McCarthy, 75775 Paris Cedex 16, France. States. This action is not a ‘‘major rule’’ Administrator. as defined by 5 U.S.C. 804(2). (1) Guidance Manual for the Control For the reasons stated in the of Transboundary Movements of List of Subjects preamble, EPA amends title 40, chapter Recoverable Wastes, copyright 2009, 1 of the Code of Federal Regulations as 40 CFR Part 260 Annex B: OECD Consolidated List of follows: Wastes Subject to the Green Control Environmental protection, Procedure and Annex C: OECD PART 260—HAZARDOUS WASTE Administrative practice and procedure, Consolidated List of Wastes Subject to MANAGEMENT SYSTEM: GENERAL Confidential business information, the Amber Control Procedure, IBR Hazardous waste, Incorporation by approved for §§ 262.82(a), 262.83(b),(d), ■ 1. The authority citation for part 260 reference. and (g), and 262.84(b) and (d) of this continues to read as follows: chapter. 40 CFR Part 261 Authority: 42 U.S.C. 6905, 6912(a), 6921– (2) [Reserved] Environmental protection, Hazardous 6927, 6930, 6934, 6935, 6937, 6938, 6939, materials, Intergovernmental relations, and 6974. PART 261—IDENTIFICATION AND Recycling, Waste treatment and ■ 2. Amend § 260.10 by adding, in LISTING OF HAZARDOUS WASTE disposal. alphabetical order, the definitions of ■ 4. The authority citation for part 261 40 CFR Part 262 ‘‘AES filing compliance date,’’ ‘‘Electronic import-export reporting continues to read as follows: Environmental protection, Exports, compliance date,’’ and ‘‘Recognized Authority: 42 U.S.C. 6905, 6912(a), 6921, Hazardous materials transportation, trader’’ to read as follows: 6922, 6924(y) and 6938. Hazardous waste, Imports, ■ 5. Amend § 261.4 by: § 260.10 Definitions. Incorporation by reference, International ■ a. Revising paragraph (d)(1) organizations, Labeling, Packaging and * * * * * introductory text; containers, Recycling, Reporting and AES filing compliance date means the ■ b. Adding paragraph (d)(4); recordkeeping requirements. date that EPA announces in the Federal ■ c. Revising paragraph (e)(1) Register, on or after which exporters of 40 CFR Part 263 introductory text; and hazardous waste and exporters of ■ d. Adding paragraph (e)(4). cathode ray tubes for recycling are Environmental protection, Exports, The revisions and additions read as required to file EPA information in the Hazardous materials transportation. follows: Automated Export System or its 40 CFR Part 264 successor system, under the § 261.4 Exclusions. Environmental protection, Hazardous International Trade Data System (ITDS) * * * * * waste, Imports, Packaging and platform. (d) * * * (1) Except as provided in containers, Reporting and recordkeeping * * * * * paragraphs (d)(2) and (4) of this section, requirements. Electronic import-export reporting a sample of solid waste or a sample of 40 CFR Part 265 compliance date means the date that water, soil, or air, which is collected for EPA announces in the Federal Register, the sole purpose of testing to determine Environmental protection, Hazardous on or after which exporters, importers, its characteristics or composition, is not waste, Imports, Packaging and and receiving facilities are required to subject to any requirements of this part containers, Reporting and recordkeeping submit certain export and import related or parts 262 through 268 or part 270 or requirements. documents to EPA using EPA’s Waste part 124 of this chapter or to the
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notification requirements of section (A) The receiving country consents to (ix) Exporters must keep copies of 3010 of RCRA, when: the intended export. When the receiving notifications and Acknowledgments of * * * * * country consents in writing to the Consent to Export CRTs for a period of (4) In order to qualify for the receipt of the CRTs, EPA will forward three years following receipt of the exemption in paragraphs (d)(1)(i) and an Acknowledgment of Consent to Acknowledgment. Exporters may satisfy (ii) of this section, the mass of a sample Export CRTs to the exporter. Where the this recordkeeping requirement by that will be exported to a foreign receiving country objects to receipt of retaining electronically submitted laboratory or that will be imported to a the CRTs or withdraws a prior consent, notifications or electronically generated U.S. laboratory from a foreign source EPA will notify the exporter in writing. Acknowledgements in the CRT must additionally not exceed 25 kg. EPA will also notify the exporter of any exporter’s account on EPA’s Waste (e) * * * (1) Except as provided in responses from transit countries. Import Export Tracking System paragraphs (e)(2) and (4) of this section, (B) On or after the AES filing (WIETS), or its successor system, persons who generate or collect samples compliance date, the exporter or a U.S. provided that such copies are readily for the purpose of conducting authorized agent must: available for viewing and production if treatability studies as defined in 40 CFR (1) Submit Electronic Export requested by any EPA or authorized 260.10, are not subject to any Information (EEI) for each shipment to state inspector. No CRT exporter may be requirement of 40 CFR parts 261 the Automated Export System (AES) or held liable for the inability to produce through 263 or to the notification its successor system, under the a notification or Acknowledgement for requirements of Section 3010 of RCRA, International Trade Data System (ITDS) inspection under this section if the CRT nor are such samples included in the platform, in accordance with 15 CFR exporter can demonstrate that the quantity determinations of 40 CFR 261.5 30.4(b). inability to produce such copies are due and 262.34(d) when: (2) Include the following items in the exclusively to technical difficulty with * * * * * EEI, along with the other information EPA’s Waste Import Export Tracking (4) In order to qualify for the required under 15 CFR 30.6: System (WIETS), or its successor system exemption in paragraph (e)(1)(i) of this (i) EPA license code; for which the CRT exporter bears no section, the mass of a sample that will (ii) Commodity classification code per responsibility. be exported to a foreign laboratory or 15 CFR 30.6(a)(12); * * * * * testing facility, or that will be imported (iii) EPA consent number; (xi) Prior to one year after the AES to a U.S. laboratory or testing facility (iv) Country of ultimate destination filing compliance date, annual reports from a foreign source must additionally per 15 CFR 30.6(a)(5); must be sent to the following mailing not exceed 25 kg. (v) Date of export per 15 CFR address: Office of Enforcement and * * * * * 30.6(a)(2); Compliance Assurance, Office of ■ 6. Amend § 261.6 by revising (vi) Quantity of waste in shipment Federal Activities, International paragraphs (a)(3)(i) and (a)(5) to read as and units for reported quantity, if Compliance Assurance Division, (Mail follows: required reporting units established by Code 2254A), Environmental Protection value for the reported commodity Agency, 1200 Pennsylvania Ave. NW., § 261.6 Requirements for recyclable classification number are in units of materials. Washington, DC 20460. Hand-delivered weight or volume per 15 CFR annual reports on used CRTs exported (a) * * * 30.6(a)(15); or during 2016 should be sent to: Office of (3) * * * (vii) EPA net quantity reported in (i) Industrial ethyl alcohol that is Enforcement and Compliance units of kilograms, if required reporting Assurance, Office of Federal Activities, reclaimed except that exports and units established by value for the imports of such recyclable materials International Compliance Assurance reported commodity classification Division, (Mail Code 2254A), must comply with the requirements of number are not in units of weight or 40 CFR part 262, subpart H. Environmental Protection Agency, Ariel volume. Rios Bldg., Room 6144, 1200 * * * * * (vi) When the conditions specified on Pennsylvania Ave. NW., Washington, (5) Hazardous waste that is exported the original notification change, the or imported for purpose of recovery is DC. Subsequently, annual reports must exporter must provide EPA with a be submitted to the office listed using subject to the requirements of 40 CFR written renotification of the change part 262, subpart H. the allowable methods specified in using the allowable methods listed in paragraph (a)(5)(ii) of this section. * * * * * paragraph (a)(5)(ii) of this section, Exporters must keep copies of each ■ 7. Amend § 261.39 by revising except for changes to the telephone annual report for a period of at least paragraphs (a)(5)(ii), (v), (vi), (ix), and number in paragraph (a)(5)(i)(A) of this three years from the due date of the (xi) to read as follows: section and decreases in the quantity report. Exporters may satisfy this indicated pursuant to paragraph § 261.39 Conditional Exclusion for Used, recordkeeping requirement by retaining Broken Cathode Ray Tubes (CRTs) and (a)(5)(i)(C) of this section. The shipment electronically submitted annual reports Processed CRT Glass Undergoing cannot take place until consent of the in the CRT exporter’s account on EPA’s Recycling. receiving country to the changes has Waste Import Export Tracking System * * * * * been obtained (except for changes to (WIETS), or its successor system, (a) * * * information about points of entry and provided that a copy is readily available (5) * * * departure and transit countries pursuant for viewing and production if requested (ii) Notifications must be submitted to paragraphs (a)(5)(i)(D) and (H) of this by any EPA or authorized state electronically using EPA’s Waste Import section) and the exporter of CRTs inspector. No CRT exporter may be held Export Tracking System (WIETS), or its receives from EPA a copy of the liable for the inability to produce an successor system. Acknowledgment of Consent to Export annual report for inspection under this * * * * * CRTs reflecting the receiving country’s section if the CRT exporter can (v) The export of CRTs is prohibited consent to the changes. demonstrate that the inability to unless all of the following occur: * * * * * produce the annual report is due
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exclusively to technical difficulty with Subpart H—Transboundary cells which are capped and isolated EPA’s Waste Import Export Tracking Movements of Hazardous Waste for from one another and the environment. System (WIETS), or its successor system Recovery or Disposal (6) D6 Release into a water body other for which the CRT exporter bears no than a sea or ocean, and other than by responsibility. § 262.80 Applicability. operation D4. * * * * * (a) The requirements of this subpart (7) D7 Release into a sea or ocean, apply to transboundary movements of including sea-bed insertion, other than PART 262—STANDARDS APPLICABLE hazardous wastes. by operation D4. TO GENERATORS OF HAZARDOUS (b) Any person (including exporter, (8) D8 Biological treatment not WASTE importer, disposal facility operator, or specified elsewhere in operations D1 recovery facility operator) who mixes through D12, which results in final ■ 8. The authority citation for part 262 two or more wastes (including compounds or mixtures which are continues to read as follows: hazardous and non-hazardous wastes) discarded by means of any of operations or otherwise subjects two or more D1 through D12. Authority: 42 U.S.C 6906, 6912, 6922– wastes (including hazardous and non- (9) D9 Physical or chemical treatment 6925, 6937, and 6938. hazardous wastes) to physical or not specified elsewhere in operations chemical transformation operations, and D1 through D12, such as evaporation, ■ 9. Amend § 262.10 by revising thereby creates a new hazardous waste, drying, calcination, neutralization, or paragraph (d) to read as follows: becomes a generator and assumes all precipitation, which results in final § 262.10 Purpose, scope, and applicability. subsequent generator duties under compounds or mixtures which are discarded by means of any of operations * * * * * RCRA and any exporter duties, if applicable, under this subpart. D1through D12. (d) Any person who exports or (10) D10 Incineration on land. imports hazardous wastes must comply § 262.81 Definitions. (11) D11 Incineration at sea. with § 262.12 and subpart H of this part. In addition to the definitions set forth (12) D12 Permanent storage. * * * * * at 40 CFR 260.10, the following (13) D13 Blending or mixing, prior to definitions apply to this subpart: any of operations D1 through D12. ■ 10. Amend § 262.12 by adding Competent authority means the (14) D14 Repackaging, prior to any of paragraph (d) to read as follows: regulatory authority or authorities of operations D1 through D13. (15) D15 (or DC17 for transboundary § 262.12 EPA identification numbers. concerned countries having jurisdiction over transboundary movements of movements with Canada only) Interim * * * * * wastes. Storage, prior to any of operations D1 (d) A recognized trader must not Countries concerned means the through D12. arrange for import or export of countries of export or import and any (16) DC15 Release, including the hazardous waste without having countries of transit. venting of compressed or liquified received an EPA identification number Country of export means any country gases, or treatment, other than by any of from the Administrator. from which a transboundary movement operations D1 to D12 (for transboundary of hazardous wastes is planned to be movements with Canada only). ■ 11. Amend § 262.41 by revising the initiated or is initiated. (17) DC16 Testing of a new last sentence in paragraph (b) to read as Country of import means any country technology to dispose of a hazardous follows: to which a transboundary movement of waste (for transboundary movements § 262.41 Biennial report. hazardous wastes is planned or takes with Canada only). place for the purpose of submitting the EPA Acknowledgment of Consent * * * * * wastes to recovery or disposal (AOC) means the letter EPA sends to the (b) * * * A separate annual report operations therein. exporter documenting the specific terms requirement is set forth at § 262.83(g) for Country of transit means any country of the country of import’s consent and hazardous waste exporters. other than the country of export or the country(ies) of transit’s consent(s). country of import across which a The AOC meets the definition of an Subpart E—[Removed and Reserved] transboundary movement of hazardous export license in U.S. Census Bureau wastes is planned or takes place. regulations 15 CFR 30.1. ■ 12. Remove and reserve subpart E, Disposal operations means activities Export means the transportation of consisting of §§ 262.50 through 262.58. which do not lead to the possibility of hazardous waste from a location under resource recovery, recycling, the jurisdiction of the United States to Subpart F—[Removed and Reserved] reclamation, direct re-use or alternate a location under the jurisdiction of uses, which include: another country, or a location not under ■ 13. Remove and reserve subpart F, (1) D1 Release or Deposit into or onto the jurisdiction of any country, for the consisting of § 262.60. land, other than by any of operations D2 purposes of recovery or disposal through D5 or D12. operations therein. ■ 14. Subpart H is revised to read as (2) D2 Land treatment, such as Exporter, also known as primary follows: biodegradation of liquids or sludges in exporter on the RCRA hazardous waste Subpart H—Transboundary Movements of soils. manifest, means the person domiciled Hazardous Waste for Recovery or Disposal (3) D3 Deep injection, such as in the United States who is required to Sec. injection into wells, salt domes or originate the movement document in 262.80 Applicability. naturally occurring repositories. accordance with § 262.83(d) or the 262.81 Definitions. (4) D4 Surface impoundment, such as manifest for a shipment of hazardous 262.82 General conditions. placing of liquids or sludges into pits, waste in accordance with subpart B of 262.83 Exports of hazardous waste. ponds or lagoons. this part, or equivalent State provision, 262.84 Imports of hazardous waste. (5) D5 Specially engineered landfill, which specifies a foreign receiving 262.85–262.89 [Reserved] such as placement into lined discrete facility as the facility to which the
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hazardous wastes will be sent, or any (1) R1 Use as a fuel (other than in subject to existing controls normally recognized trader who proposes export direct incineration) or other means to applied to commercial transactions, and of the hazardous wastes for recovery or generate energy. are not subject to the requirements of disposal operations in the country of (2) R2 Solvent reclamation/ this subpart. import. regeneration. (ii) Green wastes that are hazardous Foreign exporter means the person (3) R3 Recycling/reclamation of wastes are subject to the requirements of under the jurisdiction of the country of organic substances which are not used this subpart. export who has, or will have at the time as solvents. (2) Amber list wastes. (i) Amber the planned transboundary movement (4) R4 Recycling/reclamation of wastes that are hazardous wastes are commences, possession or other forms metals and metal compounds. subject to the requirements of this of legal control of the hazardous wastes (5) R5 Recycling/reclamation of other subpart, even if they are imported to or and who proposes shipment of the inorganic materials. exported from a country that does not hazardous wastes to the United States (6) R6 Regeneration of acids or bases. consider the waste to be hazardous or for recovery or disposal operations. (7) R7 Recovery of components used control the transboundary shipment as a for pollution abatement. Foreign importer means the person to hazardous waste import or export. (8) R8 Recovery of components used whom possession or other form of legal (A) For exports, the exporter must from catalysts. control of the hazardous waste is comply with § 262.83. (9) R9 Used oil re-refining or other assigned at the time the exported (B) For imports, the recovery or reuses of previously used oil. hazardous waste is received in the (10) R10 Land treatment resulting in disposal facility and the importer must country of import. benefit to agriculture or ecological comply with § 262.84. Foreign receiving facility means a improvement. (ii) Amber wastes that are not facility which, under the importing (11) R11 Uses of residual materials hazardous wastes, but are considered country’s applicable domestic law, is obtained from any of the operations hazardous by the other country are operating or is authorized to operate in numbered R1 through R10 or RC14 (for subject to the Amber control procedures the country of import to receive the transboundary shipments with Canada in the country that considers the waste hazardous wastes and to perform only). hazardous, and are not subject to the recovery or disposal operations on (12) R12 Exchange of wastes for requirements of this subpart. All them. submission to any of the operations responsibilities of the importer or Import means the transportation of numbered R1 through R11 or RC14 (for exporter shift to the foreign importer or hazardous waste from a location under transboundary shipments with Canada foreign exporter in the other country the jurisdiction of another country to a only). that considers the waste hazardous location under the jurisdiction of the (13) R13 Accumulation of material unless the parties make other United States for the purposes of intended for any operation numbered arrangements through contracts. recovery or disposal operations therein. R1 through R12 or RC14 (for Note to paragraph (a)(2): Some Amber list Importer means the person to whom transboundary shipments with Canada wastes are not listed or otherwise identified possession or other form of legal control only). as hazardous under RCRA, and therefore are of the hazardous waste is assigned at the (14) RC14 Recovery or regeneration of not subject to the requirements of this time the imported hazardous waste is a substance or use or re-use of a subpart. Regardless of the status of the waste recyclable material, other than by any of under RCRA, however, other Federal received in the United States. environmental statutes (e.g., the Toxic OECD area means all land or marine operations R1 to R10 (for transboundary Substances Control Act) restrict certain waste areas under the national jurisdiction of shipments with Canada only). imports or exports. Such restrictions any OECD Member country. When the (15) RC15 Testing of a new technology continue to apply with regard to this subpart. to recycle a hazardous recyclable regulations refer to shipments to or from (3) Mixtures of wastes. (i) A Green an OECD Member country, this means material (for transboundary shipments with Canada only). waste that is mixed with one or more OECD area. other Green wastes such that the OECD means the Organization for (16) RC16 Interim storage prior to any of operations R1 to R11 or RC14 (for resulting mixture is not hazardous waste Economic Cooperation and is not subject to the requirements of this Development. transboundary shipments with Canada only). subpart. OECD Member country means the Transboundary movement means any Note to paragraph (a)(3)(i): The regulated countries that are members of the OECD movement of hazardous wastes from an community should note that some countries and participate in the Amended 2001 area under the national jurisdiction of may require, by domestic law, that mixtures OECD Decision. (EPA provides a list of one country to an area under the of different Green wastes be subject to the OECD Member countries at https:// national jurisdiction of another country. Amber control procedures. www.epa.gov/hwgenerators/ (ii) A Green waste that is mixed with international-agreements- § 262.82 General conditions. one or more Amber wastes, in any transboundary-shipments-waste). (a) Scope. The level of control for amount, de minimis or otherwise, or a Receiving facility means a U.S. facility exports and imports of waste is mixture of two or more Amber wastes, which, under RCRA and other indicated by assignment of the waste to such that the resulting waste mixture is applicable domestic laws, is operating either a list of wastes subject to the hazardous waste is subject to the or is authorized to operate to receive Green control procedures or a list of requirements of this subpart. hazardous wastes and to perform wastes subject to the Amber control recovery or disposal operations on procedures and whether the waste is or Note to paragraph (a)(3)(ii): The regulated them. community should note that some countries is not hazardous waste. The OECD may require, by domestic law, that a mixture Recovery operations means activities Green and Amber lists are incorporated of a Green waste and more than a de minimis leading to resource recovery, recycling, by reference in 40 CFR 260.11. amount of an Amber waste or a mixture of reclamation, direct re-use or alternative (1) Green list wastes. (i) Green wastes two or more Amber wastes be subject to the uses, which include: that are not hazardous wastes are Amber control procedures.
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(4) Wastes not yet assigned to an quantity, is appropriately packaged and information required under 15 CFR OECD waste list are eligible for labeled, and complies with the 30.6: transboundary movements, as follows: conditions of 40 CFR 261.4(d) or (e). (1) EPA license code; (i) If such wastes are hazardous (e) EPA Address for submittals by (2) Commodity classification code for wastes, such wastes are subject to the postal mail or hand delivery. Submittals each hazardous waste per 15 CFR requirements of this subpart. required in this subpart to be made by 30.6(a)(12); (ii) If such wastes are not hazardous postal mail or hand delivery should be (3) EPA consent number for each wastes, such wastes are not subject to sent to the following addresses: hazardous waste; the requirements of this subpart. (1) For postal mail delivery, the Office (4) Country of ultimate destination (b) General conditions applicable to of Enforcement and Compliance code per 15 CFR 30.6(a)(5); transboundary movements of hazardous Assurance, Office of Federal Activities, (5) Date of export per 15 CFR waste. (1) The hazardous waste must be International Compliance Assurance 30.6(a)(2); destined for recovery or disposal Division (2254A), Environmental (6) RCRA hazardous waste manifest operations at a facility that, under Protection Agency, 1200 Pennsylvania tracking number, if required; applicable domestic law, is operating or Avenue NW., Washington, DC 20460. (7) Quantity of each hazardous waste is authorized to operate in the country (2) For hand-delivery, the Office of in shipment and units for reported of import; (2) The transboundary movement Enforcement and Compliance quantity, if required reporting units must be in compliance with applicable Assurance, Office of Federal Activities, established by value for the reported international transport agreements; and International Compliance Assurance commodity classification number are in Division, Environmental Protection units of weight or volume per 15 CFR Note to paragraph (b)(2): These Agency, William Jefferson Clinton 30.6(a)(15); or international agreements include, but are not South Bldg., Room 6144, 12th St. and (8) EPA net quantity for each limited to, the Chicago Convention (1944), ADR (1957), ADNR (1970), MARPOL Pennsylvania Ave NW., Washington, DC hazardous waste reported in units of Convention (1973/1978), SOLAS Convention 20004. kilograms if solid or in units of liters if (1974), IMDG Code (1985), COTIF (1985), and liquid, if required reporting units § 262.83 Exports of hazardous waste. RID (1985). established by value for the reported (a) General export requirements. (3) Any transit of hazardous waste commodity classification number are through one or more countries must be Except as provided in paragraphs (a)(5) not in units of weight or volume. conducted in compliance with all and (6) of this section, exporters that (B) Complies with a paper-based applicable international and national have received an AOC from EPA before process by: laws and regulations. December 31, 2016 are subject to that (1) Attaching paper documentation of (c) Duty to return wastes subject to the approval and the requirements listed in consent (i.e., a copy of the EPA Amber control procedures during transit the AOC that existed at the time of that Acknowledgment of Consent, through the United States. When a approval until such time the approval international movement document) to transboundary movement of hazardous period expires. All other exports of the manifest, or shipping papers if a wastes transiting the United States and hazardous waste are prohibited unless: manifest is not required, which must subject to the Amber control procedures (1) The exporter complies with the accompany the hazardous waste does not comply with the requirements contract requirements in paragraph (f) of shipment. For exports by rail or water of the notification and movement this section; (bulk shipment), the primary exporter documents or otherwise constitutes (2) The exporter complies with the must provide the transporter with the illegal shipment, and if alternative notification requirements in paragraph paper documentation of consent which arrangements cannot be made to recover (b) of this section; must accompany the hazardous waste or dispose of these wastes in an (3) The exporter receives an AOC but which need not be attached to the environmentally sound manner, the from EPA documenting consent from manifest except that for exports by waste must be returned to the country the countries of import and transit (and water (bulk shipment) the primary of export. The U.S. transporter must original country of export if exporting exporter must attach the paper inform EPA at the specified mailing previously imported hazardous waste); documentation of consent to the address in paragraph (e) of this section (4) The exporter ensures compliance shipping paper. of the need to return the shipment. EPA with the movement documents (2) Providing the transporter with an will then inform the competent requirements in paragraph (d) of this additional copy of the manifest, and authority of the country of export, citing section; instructing the transporter via mail, the reason(s) for returning the waste. (5) The exporter ensures compliance email or fax to deliver that copy to the The U.S. transporter must complete the with the manifest instructions for export U.S. Customs official at the point the return within ninety (90) days from the shipments in paragraph (c) of this hazardous waste leaves the United time EPA informs the country of export section; and States in accordance with 40 CFR of the need to return the waste, unless (6) The exporter or a U.S. authorized 263.20(g)(4)(ii) informed in writing by EPA of another agent: (ii) For shipments initiated on or after timeframe agreed to by the concerned (i) For shipments initiated prior to the the AES filing compliance date, submits countries. AES filing compliance date, does one of Electronic Export Information (EEI) for (d) Laboratory analysis exemption. the following: each shipment to the Automated Export Export or import of a hazardous waste (A) Submits Electronic Export System (AES) or its successor system, sample is exempt from the requirements Information (EEI) for each shipment to under the International Trade Data of this subpart if the sample is destined the Automated Export System (AES) or System (ITDS) platform, in accordance for laboratory analysis to assess its its successor system, under the with 15 CFR 30.4(b), and includes the physical or chemical characteristics, or International Trade Data System (ITDS) following items in the EEI, along with to determine its suitability for recovery platform, in accordance with 15 CFR the other information required under 15 or disposal operations, does not exceed 30.4(b), and includes the following CFR 30.6: twenty-five kilograms (25 kg) in items in the EEI, along with the other (A) EPA license code;
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(B) Commodity classification code for competent authority code, and port of operations. If the foreign receiving each hazardous waste per 15 CFR entry for the country of import; facility listed in paragraph (b)(1)(ii) of 30.6(a)(12); (viii) Statement of whether the this section will engage in any of the (C) EPA consent number for each notification covers a single shipment or interim recovery operations R12 or R13 hazardous waste; multiple shipments; or interim disposal operations D13 (D) Country of ultimate destination (ix) Start and End Dates requested for through D15, or in the case of code per 15 CFR 30.6(a)(5); transboundary movements; transboundary movements with Canada, (E) Date of export per 15 CFR (x) Means of transport planned to be any of the interim recovery operations 30.6(a)(2); used; R12, R13, or RC16, or interim disposal (F) RCRA hazardous waste manifest (xi) Description(s) of each hazardous operations D13 to D14, or DC17, the tracking number, if required; waste, including whether each notification submitted according to (G) Quantity of each hazardous waste hazardous waste is regulated universal paragraph (b)(1) of this section must in shipment and units for reported waste under 40 CFR part 273, or the also include the final foreign recovery or quantity, if required reporting units state equivalent, spent lead-acid disposal facility name, address, established by value for the reported batteries being exported for recovery of telephone, fax numbers, email address, commodity classification number are in lead under 40 CFR part 266, subpart G, technologies employed, and which of units of weight or volume per 15 CFR or the state equivalent, or industrial the applicable recovery or disposal 30.6(a)(15); or ethyl alcohol being exported for operations R1 through R11 and D1 (H) EPA net quantity for each reclamation under 40 CFR 261.6(a)(3)(i), through D12, or in the case of hazardous waste reported in units of or the state equivalent, estimated total transboundary movements with Canada, kilograms if solid or in units of liters if quantity of each waste in either metric which of the applicable recovery or liquid, if required reporting units tons or cubic meters, the applicable disposal operations R1 through R11, established by value for the reported RCRA waste code(s) for each hazardous RC14 to RC15, D1 through D12, and commodity classification number are waste, the applicable OECD waste code DC15 to DC16 will be employed at the not in units of weight or volume. from the lists incorporated by reference final foreign recovery or disposal in 40 CFR 260.11, and the United (b) Notifications—(1) General facility. The recovery and disposal Nations/U.S. Department of notifications. At least sixty (60) days operations in this paragraph are defined Transportation (DOT) ID number for before the first shipment of hazardous in § 262.81. each waste; waste is expected to leave the United (4) Renotifications. When the exporter (xii) Specification of the recovery or States, the exporter must provide wishes to change any of the information disposal operation(s) as defined in notification in English to EPA of the specified on the original notification § 262.81. proposed transboundary movement. (xiii) Certification/Declaration signed (including increasing the estimate of the Notifications must be submitted by the exporter that states: total quantity of hazardous waste electronically using EPA’s Waste Import specified in the original notification or Export Tracking System (WIETS), or its I certify that the above information is adding transporters), the exporter must successor system. The notification may complete and correct to the best of my submit a renotification of the changes to knowledge. I also certify that legally cover up to one year of shipments of one enforceable written contractual obligations EPA using the allowable methods in or more hazardous wastes being sent to have been entered into and that any paragraph (b)(1) of this section. Any the same recovery or disposal facility, applicable insurance or other financial shipment using the requested changes and must include all of the following guarantee is or shall be in force covering the cannot take place until the countries of information: transboundary movement. import and transit consent to the (i) Exporter name and EPA Name: changes and the exporter receives an identification number, address, Signature: EPA AOC letter documenting the telephone, fax numbers, and email Date: countries’ consents to the changes. address; (2) Exports to pre-consented recovery (5) For cases where the proposed (ii) Foreign receiving facility name, facilities in OECD Member countries. If country of import and recovery or address, telephone, fax numbers, email the recovery facility is located in an disposal operations are not covered address, technologies employed, and the OECD member country and has been under an international agreement to applicable recovery or disposal pre-consented by the competent which both the United States and the operations as defined in § 262.81; authority of the OECD member country country of import are parties, EPA will (iii) Foreign importer name (if not the to recover the waste sent by exporters coordinate with the Department of State owner or operator of the foreign located in other OECD member to provide the complete notification to receiving facility), address, telephone, countries, the notification may cover up country of import and any countries of fax numbers, and email address; to three years of shipments. transit. In all other cases, EPA will (iv) Intended transporter(s) and/or Notifications proposing export to a pre- provide the notification directly to the their agent(s); address, telephone, fax, consented facility in an OECD member country of import and any countries of and email address; country must include all information transit. A notification is complete when (v) ‘‘U.S.’’ as the country of export listed in paragraphs (b)(1)(i) through EPA receives a notification which EPA name, ‘‘USA01’’ as the relevant (b)(1)(xiii) of this section and determines satisfies the requirements of competent authority code, and the additionally state that the facility is pre- paragraph (b)(1)(i) through (b)(1)(xiii) of intended U.S. port(s) of exit; consented. Exporters must submit the this section. Where a claim of (vi) The ISO standard 3166 country notification to EPA using the allowable confidentiality is asserted with respect name 2-digit code, OECD/Basel methods listed in paragraph (b)(1) of to any notification information required competent authority code, and the ports this section at least ten days before the by paragraphs (b)(1)(i) through of entry and exit for each country of first shipment is expected to leave the (b)(1)(xiii) of this section, EPA may find transit; United States. the notification not complete until any (vii) The ISO standard 3166 country (3) Notifications listing interim such claim is resolved in accordance name 2-digit code, OECD/Basel recycling operations or interim disposal with 40 CFR 260.2.
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(6) Where the countries of import and meeting the conditions of paragraph (ix) Company name, EPA ID number, transit consent to the proposed (d)(2) of this section accompanies each address, telephone, fax, and email transboundary movement(s) of the transboundary movement of hazardous address of all transporters; hazardous waste(s), EPA will forward an wastes from the initiation of the (x) Identification (license, registered EPA AOC letter to the exporter shipment until it reaches the foreign name or registration number) of means documenting the countries’ consents. receiving facility, including cases in of transport, including types of Where any of the countries of import which the hazardous waste is stored packaging; and transit objects to the proposed and/or sorted by the foreign importer (xi) Any special precautions to be transboundary movement(s) of the prior to shipment to the foreign taken by transporter(s); hazardous waste or withdraws a prior receiving facility, except as provided in (xii) Certification/declaration signed consent, EPA will notify the exporter. paragraphs (d)(1)(i) and (ii) of this and dated by the exporter that the (7) Export of hazardous wastes for section. information in the movement document recycling or disposal operations that (i) For shipments of hazardous waste is complete and correct; (xiii) Appropriate signatures for each were originally imported into the within the United States solely by water custody transfer (e.g., transporter, United States for recycling or disposal (bulk shipments only), the exporter importer, and owner or operator of the operations in a third country is must forward the movement document prohibited unless an exporter in the foreign receiving facility); to the last water (bulk shipment) (xiv) Each U.S. person that has United States complies with the export transporter to handle the hazardous requirements in § 262.83, including physical custody of the hazardous waste waste in the United States if exported by from the time the movement providing notification to EPA in water. accordance with paragraph (b)(1) of this commences until it arrives at the foreign (ii) For rail shipments of hazardous section. In addition to listing all receiving facility must sign the waste within the United States which required information in paragraphs movement document (e.g., transporter, start from the company originating the (b)(1)(i) through (b)(1)(xiii) of this foreign importer, and owner or operator export shipment, the exporter must section, the exporter must provide the of the foreign receiving facility); and forward the movement document to the original consent number issued for the (xv) As part of the contract next non-rail transporter, if any, or the initial import of the wastes in the requirements per paragraph (f) of this last rail transporter to handle the notification, and receive an AOC from section, the exporter must require that hazardous waste in the United States if EPA documenting the consent of the the foreign receiving facility send a copy exported by rail. competent authorities in new country of of the signed movement document to import, the original country of export, (2) The movement document must confirm receipt within three working and any transit countries prior to re- include the following paragraphs days of shipment delivery to the export. (d)(2)(i) through (xv) of this section: exporter, to the competent authorities of (8) Upon request by EPA, the exporter (i) The corresponding consent the countries of import and transit, and must furnish to EPA any additional number(s) and hazardous waste for shipments occurring on or after the information which the country of number(s) for the listed hazardous waste electronic import-export reporting import requests in order to respond to from the relevant EPA AOC(s); compliance date, the exporter must a notification. (ii) The shipment number and the additionally require that the foreign (c) RCRA manifest instructions for total number of shipments from the EPA receiving facility send a copy to EPA at export shipments. The exporter must AOC; the same time using the allowable comply with the manifest requirements (iii) Exporter name and EPA methods listed in paragraph (b)(1) of of §§ 262.20 through 262.23 except that: identification number, address, this section. (1) In lieu of the name, site address telephone, fax numbers, and email (e) Duty to return or re-export and EPA ID number of the designated address; hazardous wastes. When a transboundary movement of hazardous permitted facility, the exporter must (iv) Foreign receiving facility name, wastes cannot be completed in enter the name and site address of the address, telephone, fax numbers, email accordance with the terms of the foreign receiving facility; address, technologies employed, and the contract or the consent(s) and (2) In the International Shipments applicable recovery or disposal alternative arrangements cannot be block, the exporter must check the operations as defined in § 262.81; made to recover or dispose of the waste export box and enter the U.S. port of (v) Foreign importer name (if not the exit (city and State) from the United in an environmentally sound manner in owner or operator of the foreign the country of import, the exporter must States. receiving facility), address, telephone, (3) The exporter must list the consent ensure that the hazardous waste is fax numbers, and email address; number from the AOC for each returned to the United States or re- hazardous waste listed on the manifest, (vi) Description(s) of each hazardous exported to a third country. If the waste matched to the relevant list number for waste, quantity of each hazardous waste must be returned, the exporter must the hazardous waste from block 9b. If in the shipment, applicable RCRA provide for the return of the hazardous additional space is needed, the exporter hazardous waste code(s) for each waste shipment within ninety days from should use a Continuation Sheet(s) (EPA hazardous waste, applicable OECD the time the country of import informs Form 8700–22A). waste code for each hazardous waste EPA of the need to return the waste or (4) The exporter may obtain the from the lists incorporated by reference such other period of time as the manifest from any source that is in 40 CFR 260.11, and the United concerned countries agree. In all cases, registered with the U.S. EPA as a Nations/U.S. Department of the exporter must submit an exception supplier of manifests (e.g., states, waste Transportation (DOT) ID number for report to EPA in accordance with handlers, and/or commercial forms each hazardous waste; paragraph (h) of this section. printers). (vii) Date movement commenced; (f) Export contract requirements. (1) (d) Movement document requirements (viii) Name (if not exporter), address, Exports of hazardous waste are for export shipments. (1) All exporters telephone, fax numbers, and email of prohibited unless they occur under the must ensure that a movement document company originating the shipment; terms of a valid written contract, chain
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of contracts, or equivalent arrangements (4) Contracts must specify that the for financial guarantees, if required by (when the movement occurs between foreign receiving facility send a copy of the competent authorities of the country parties controlled by the same corporate the signed movement document to of import and any countries of transit, or legal entity). Such contracts or confirm receipt within three working in accordance with applicable national equivalent arrangements must be days of shipment delivery to the or international law requirements. executed by the exporter, foreign exporter and to the competent Note 1 to paragraph (f)(7): Financial importer (if different from the foreign authorities of the countries of import guarantees so required are intended to receiving facility), and the owner or and transit. For contracts that will be in provide for alternate recycling, disposal or operator of the foreign receiving facility, effect on or after the electronic import- other means of sound management of the and must specify responsibilities for export reporting compliance date, the wastes in cases where arrangements for the each. Contracts or equivalent contracts must additionally specify that shipment and the recovery operations cannot arrangements are valid for the purposes the foreign receiving facility send a copy be carried out as foreseen. The United States does not require such financial guarantees at of this section only if persons assuming to EPA at the same time using the this time; however, some OECD Member obligations under the contracts or allowable methods listed in paragraph countries and other foreign countries do. It is equivalent arrangements have (b)(1) of this section on or after that the responsibility of the exporter to ascertain appropriate legal status to conduct the date. and comply with such requirements; in some operations specified in the contract or (5) Contracts must specify that the cases, persons or facilities located in those equivalent arrangements. foreign receiving facility shall send a OECD Member countries or other foreign (2) Contracts or equivalent copy of the signed and dated countries may refuse to enter into the arrangements must specify the name confirmation of recovery or disposal, as necessary contracts absent specific references and EPA ID number, where available, of soon as possible, but no later than thirty or certifications to financial guarantees. paragraph (f)(2)(i) through (iv) of this days after completing recovery or (8) Contracts or equivalent section: disposal on the waste in the shipment arrangements must contain provisions (i) The company from where each and no later than one calendar year requiring each contracting party to export shipment of hazardous waste is following receipt of the waste, to the comply with all applicable requirements initiated; exporter and to the competent authority of this subpart. (ii) Each person who will have of the country of import. For contracts (9) Upon request by EPA, U.S. physical custody of the hazardous that will be in effect on or after the exporters, importers, or recovery wastes; electronic import-export reporting facilities must submit to EPA copies of (iii) Each person who will have legal compliance date, the contracts must contracts, chain of contracts, or control of the hazardous wastes; and additionally specify that the foreign equivalent arrangements (when the (iv) The foreign receiving facility. receiving facility send a copy to EPA at movement occurs between parties (3) Contracts or equivalent the same time using the allowable controlled by the same corporate or arrangements must specify which party methods listed in paragraph (b)(1) of legal entity). Information contained in to the contract will assume this section on or after that date. the contracts or equivalent arrangements responsibility for alternate management (6) Contracts must specify that the for which a claim of confidentiality is of the hazardous wastes if their foreign importer or the foreign receiving asserted in accordance with 40 CFR disposition cannot be carried out as facility that performed interim recycling 2.203(b) will be treated as confidential described in the notification of intent to operations R12, R13, or RC16, or interim and will be disclosed by EPA only as export. In such cases, contracts must disposal operations D13 through D15 or provided in 40 CFR 260.2. specify that: DC17, (recovery and disposal operations (g) Annual reports. The exporter shall (i) The transporter or foreign receiving defined in 40 CFR 262.81) as file an annual report with EPA no later facility having actual possession or appropriate, will: than March 1 of each year summarizing physical control over the hazardous (i) Provide the notification required in the types, quantities, frequency, and wastes will immediately inform the paragraph (f)(3)(ii) of this section prior ultimate destination of all such exporter, EPA, and either the competent to any re-export of the hazardous wastes hazardous waste exported during the authority of the country of transit or the to a final foreign recovery or disposal previous calendar year. Prior to one year competent authority of the country of facility in a third country; and after the AES filing compliance date, the import of the need to make alternate (ii) Promptly send copies of the exporter must mail or hand-deliver management arrangements; and confirmation of recovery or disposal annual reports to EPA using one of the (ii) The person specified in the that it receives from the final foreign addresses specified in § 262.82(e), or contract will assume responsibility for recovery or disposal facility within one submit to EPA using the allowable the adequate management of the year of shipment delivery to the final methods specified in paragraph (b)(1) of hazardous wastes in compliance with foreign recovery or disposal facility that this section if the exporter has applicable laws and regulations performed one of recovery operations electronically filed EPA information in including, if necessary, arranging the R1 through R11, or RC16, or one of AES, or its successor system, per return of hazardous wastes and, as the disposal operations D1 through D12, paragraph (a)(6)(i)(A) of this section for case may be, shall provide the DC15 or DC16 to the competent all shipments made the previous notification for re-export to the authority of the country of import. For calendar year. Subsequently, the competent authority in the country of contracts that will be in effect on or after exporter must submit annual reports to import and include the equivalent of the the electronic import-export reporting EPA using the allowable methods information required in paragraph (b)(1) compliance date, the contracts must specified in paragraph (b)(1) of this of this section, the original consent additionally specify that the foreign section. The annual report must include number issued for the initial export of facility send copies to EPA at the same all of the following paragraphs (g)(1) the hazardous wastes in the notification, time using the allowable method listed through (6) of this section specified as and obtain consent from EPA and the in paragraph (b)(1) of this section on or follows: competent authorities in the new after that date. (1) The EPA identification number, country of import and any transit (7) Contracts or equivalent name, and mailing and site address of countries prior to re-export. arrangements must include provisions the exporter filing the report;
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(2) The calendar year covered by the days from the date it was accepted by Import Export Tracking System report; the initial transporter, in which case the (WIETS), or its successor system, (3) The name and site address of each exporter must file the exception report provided that copies are readily foreign receiving facility; within the next thirty (30) days; available for viewing and production if (4) By foreign receiving facility, for (ii) The exporter has not received a requested by any EPA or authorized each hazardous waste exported: written confirmation of receipt from the state inspector. No exporter may be held (i) A description of the hazardous foreign receiving facility in accordance liable for the inability to produce such waste; with paragraph (d) of this section within documents for inspection under this (ii) The applicable EPA hazardous ninety (90) days from the date the waste section if the exporter can demonstrate waste code(s) (from 40 CFR part 261, was accepted by the initial transporter that the inability to produce the subpart C or D) for each waste; in which case the exporter must file the document is due exclusively to (iii) The applicable waste code from exception report within the next thirty technical difficulty with EPA’s Waste the appropriate OECD waste list (30) days; or Import Export Tracking System incorporated by reference in 40 CFR (iii) The foreign receiving facility (WIETS), or its successor system for 260.11; notifies the exporter, or the country of which the exporter bears no (iv) The applicable DOT ID number; import notifies EPA, of the need to responsibility. (v) The name and U.S. EPA ID return the shipment to the U.S. or (3) The periods of retention referred to number (where applicable) for each arrange alternate management, in which in this section are extended transporter used over the calendar year case the exporter must file the exception automatically during the course of any covered by the report; and report within thirty (30) days of unresolved enforcement action (vi) The consent number(s) under notification, or one (1) day prior to the regarding the regulated activity or as which the hazardous waste was date the return shipment commences, requested by the Administrator. shipped, and for each consent number, whichever is sooner. the total amount of the hazardous waste (2) Prior to the electronic import- § 262.84 Imports of hazardous waste. and the number of shipments exported export reporting compliance date, (a) General import requirements. (1) during the calendar year covered by the exception reports must be mailed or With the exception of paragraph (a)(5) of report; hand delivered to EPA using the this section, importers of shipments (5) In even numbered years, for each addresses listed in § 262.82(e). covered under a consent from EPA to hazardous waste exported, except for Subsequently, exception reports must be the country of export issued before hazardous waste produced by exporters submitted to EPA using the allowable December 31, 2016 are subject to that of greater than 100kg but less than methods listed in paragraph (b)(1) of approval and the requirements that 1,000kg in a calendar month, and except this section. existed at the time of that approval until for hazardous waste for which (i) Recordkeeping. (1) The exporter such time the approval period expires. information was already provided shall keep the following records in Otherwise, any other person who pursuant to § 262.41: paragraphs (i)(1)(i) through (v) of this imports hazardous waste from a foreign (i) A description of the efforts section and provide them to EPA or country into the United States must undertaken during the year to reduce authorized state personnel upon comply with the requirements of this the volume and toxicity of the waste request: part and the special requirements of this generated; and (i) A copy of each notification of subpart. (ii) A description of the changes in intent to export and each EPA AOC for (2) In cases where the country of volume and toxicity of the waste a period of at least three (3) years from export does not require the foreign actually achieved during the year in the date the hazardous waste was exporter to submit a notification and comparison to previous years to the accepted by the initial transporter; obtain consent to the export prior to extent such information is available for (ii) A copy of each annual report for shipment, the importer must submit a years prior to 1984; and a period of at least three (3) years from notification to EPA in accordance with (6) A certification signed by the the due date of the report; paragraph (b) of this section. exporter that states: (iii) A copy of any exception reports (3) The importer must comply with and a copy of each confirmation of I certify under penalty of law that I have the contract requirements in paragraph personally examined and am familiar with receipt (i.e., movement document) sent (f) of this section. the information submitted in this and all by the foreign receiving facility to the (4) The importer must ensure attached documents, and that based on my exporter for at least three (3) years from compliance with the movement inquiry of those individuals immediately the date the hazardous waste was documents requirements in paragraph responsible for obtaining the information, I accepted by the initial transporter; and (d) of this section; and believe that the submitted information is (iv) A copy of each confirmation of (5) The importer must ensure true, accurate, and complete. I am aware that recovery or disposal sent by the foreign compliance with the manifest there are significant penalties for submitting receiving facility to the exporter for at instructions for import shipments in false information including the possibility of least three (3) years from the date that paragraph (c) of this section. fine and imprisonment. the foreign receiving facility completed (b) Notifications. In cases where the (h) Exception reports. (1) The exporter interim or final processing of the competent authority of the country of must file an exception report in lieu of hazardous waste shipment. export does not regulate the waste as the requirements of § 262.42 (if (v) A copy of each contract or hazardous waste and, thus, does not applicable) with EPA if any of the equivalent arrangement established per require the foreign exporter to submit to following occurs: § 262.85 for at least three (3) years from it a notification proposing export and (i) The exporter has not received a the expiration date of the contract or obtain consent from EPA and the copy of the RCRA hazardous waste equivalent arrangement. competent authorities for the countries manifest (if applicable) signed by the (2) Exporters may satisfy these of transit, but EPA does regulate the transporter identifying the point of recordkeeping requirements by retaining waste as hazardous waste: departure of the hazardous waste from electronically submitted documents in (1) The importer is required to the United States, within forty-five (45) the exporter’s account on EPA’s Waste provide notification in English to EPA
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of the proposed transboundary code(s) for each hazardous waste, the (xiii) of this section, EPA may find the movement of hazardous waste at least applicable OECD waste code from the notification not complete until any such sixty (60) days before the first shipment lists incorporated by reference in 40 claim is resolved in accordance with 40 is expected to depart the country of CFR 260.11, and the United Nations/ CFR 260.2. export. Notifications submitted prior to U.S. Department of Transportation (5) Where EPA and the countries of the electronic import-export reporting (DOT) ID number for each hazardous transit consent to the proposed compliance date must be mailed or waste; transboundary movement(s) of the hand delivered to EPA at the addresses (xii) Specification of the recovery or hazardous waste(s), EPA will forward an specified in § 262.82(e). Notifications disposal operation(s) as defined in EPA AOC letter to the importer submitted on or after the electronic § 262.81; and documenting the countries’ consents import-export reporting compliance (xiii) Certification/Declaration signed and EPA’s consent. Where any of the date must be submitted electronically by the importer that states: countries of transit or EPA objects to the using EPA’s Waste Import Export I certify that the above information is proposed transboundary movement(s) of Tracking System (WIETS), or its complete and correct to the best of my the hazardous waste or withdraws a successor system. The notification may knowledge. I also certify that legally prior consent, EPA will notify the cover up to one year of shipments of one enforceable written contractual obligations importer. or more hazardous wastes being sent have been entered into and that any (6) Export of hazardous wastes applicable insurance or other financial originally imported into the United from the same foreign exporter, and guarantee is or shall be in force covering the must include all of the following transboundary movement. States. Export of hazardous wastes that information: Name: were originally imported into the (i) Foreign exporter name, address, Signature: United States for recycling or disposal telephone, fax numbers, and email Date: operations is prohibited unless an exporter in the United States complies address; Note to paragraph (b)(1)(xiii): The United (ii) Receiving facility name, EPA ID States does not currently require financial with the export requirements in number, address, telephone, fax assurance for these waste shipments. § 262.83(b)(7). numbers, email address, technologies (c) RCRA Manifest instructions for employed, and the applicable recovery (2) Notifications listing interim import shipments. (1) When importing recycling operations or interim disposal or disposal operations as defined in hazardous waste, the importer must operations. If the receiving facility listed § 262.81; meet all the requirements of § 262.20 for (iii) Importer name (if not the owner in paragraph (b)(1)(ii) of this section the manifest except that: or operator of the receiving facility), will engage in any of the interim (i) In place of the generator’s name, EPA ID number, address, telephone, fax recovery operations R12 or R13 or address and EPA identification number, numbers, and email address; interim disposal operations D13 through the name and address of the foreign (iv) Intended transporter(s) and/or D15, the notification submitted generator and the importer’s name, their agent(s); address, telephone, fax, according to paragraph (b)(1) of this address and EPA identification number and email address; section must also include the final must be used. (v) ‘‘U.S.’’ as the country of import, recovery or disposal facility name, (ii) In place of the generator’s ‘‘USA01’’ as the relevant competent address, telephone, fax numbers, email signature on the certification statement, authority code, and the intended U.S. address, technologies employed, and the importer or his agent must sign and port(s) of entry; which of the applicable recovery or date the certification and obtain the (vi) The ISO standard 3166 country disposal operations R1 through R11 and signature of the initial transporter. name 2-digit code, OECD/Basel D1 through D12, will be employed at the (2) The importer may obtain the competent authority code, and the ports final recovery or disposal facility. The manifest form from any source that is of entry and exit for each country of recovery and disposal operations in this registered with the EPA as a supplier of transit; paragraph are defined in § 262.81. manifests (e.g., states, waste handlers, (vii) The ISO standard 3166 country (3) Renotifications. When the foreign and/or commercial forms printers). name 2-digit code, OECD/Basel exporter wishes to change any of the (3) In the International Shipments competent authority code, and port of conditions specified on the original block, the importer must check the exit for the country of export; notification (including increasing the import box and enter the point of entry (viii) Statement of whether the estimate of the total quantity of (city and State) into the United States. notification covers a single shipment or hazardous waste specified in the (4) The importer must provide the multiple shipments; original notification or adding transporter with an additional copy of (ix) Start and End Dates requested for transporters), the importer must submit the manifest to be submitted by the transboundary movements; a renotification of the changes to EPA receiving facility to U.S. EPA in (x) Means of transport planned to be using the allowable methods in accordance with 40 CFR 264.71(a)(3) used; paragraph (b)(1) of this section. Any and 265.71(a)(3). (xi) Description(s) of each hazardous shipment using the requested changes (5) In lieu of the requirements of waste, including whether each cannot take place until EPA and the § 262.20(d), where a shipment cannot be hazardous waste is regulated universal countries of transit consent to the delivered for any reason to the receiving waste under 40 CFR part 273, or the changes and the importer receives an facility, the importer must instruct the state equivalent, spent lead-acid EPA AOC letter documenting the transporter in writing via fax, email or batteries being exported for recovery of consents to the changes. mail to: lead under 40 CFR part 266, subpart G, (4) A notification is complete when (i) Return the hazardous waste to the or the state equivalent, or industrial EPA determines the notification satisfies foreign exporter or designate another ethyl alcohol being exported for the requirements of paragraph (b)(1)(i) facility within the United States; and reclamation under 40 CFR 261.6(a)(3)(i), through (xiii) of this section. Where a (ii) Revise the manifest in accordance or the state equivalent, estimated total claim of confidentiality is asserted with with the importer’s instructions. quantity of each hazardous waste, the respect to any notification information (d) Movement document requirements applicable RCRA hazardous waste required by paragraphs (b)(1)(i) through for import shipments. (1) The importer
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must ensure that a movement document (ix) Company name, EPA ID number, importer, and the owner or operator of meeting the conditions of paragraph address, telephone, fax, and email the receiving facility, and must specify (d)(2) of this section accompanies each address of all transporters; responsibilities for each. Contracts or transboundary movement of hazardous (x) Identification (license, registered equivalent arrangements are valid for wastes from the initiation of the name or registration number) of means the purposes of this section only if shipment in the country of export until of transport, including types of persons assuming obligations under the it reaches the receiving facility, packaging; contracts or equivalent arrangements including cases in which the hazardous (xi) Any special precautions to be have appropriate legal status to conduct waste is stored and/or sorted by the taken by transporter(s); the operations specified in the contract importer prior to shipment to the (xii) Certification/declaration signed or equivalent arrangements. receiving facility, except as provided in and dated by the foreign exporter that (2) Contracts or equivalent paragraphs (d)(1)(i) and (ii) of this the information in the movement arrangements must specify the name section. document is complete and correct; and EPA ID number, where available, of (xiii) Appropriate signatures for each (i) For shipments of hazardous waste paragraph (f)(2)(i) through (iv) of this custody transfer (e.g., transporter, within the United States by water (bulk section: importer, and owner or operator of the shipments only), the importer must (i) The foreign company from where receiving facility); each import shipment of hazardous forward the movement document to the (xiv) Each person that has physical last water (bulk shipment) transporter to waste is initiated; custody of the waste from the time the (ii) Each person who will have handle the hazardous waste in the movement commences until it arrives at United States if imported by water. physical custody of the hazardous the receiving facility must sign the wastes; (ii) For rail shipments of hazardous movement document (e.g., transporter, (iii) Each person who will have legal waste within the United States which importer, and owner or operator of the control of the hazardous wastes; and start from the company originating the receiving facility); and (iv) The receiving facility. export shipment, the importer must (xv) The receiving facility must send (3) Contracts or equivalent forward the movement document to the a copy of the signed movement arrangements must specify the use of a next non-rail transporter, if any, or the document to confirm receipt within movement document in accordance last rail transporter to handle the three working days of shipment delivery with § 262.84(d). hazardous waste in the United States if to the foreign exporter, to the competent (4) Contracts or equivalent imported by rail. authorities of the countries of export arrangements must specify which party (2) The movement document must and transit, and for shipments received to the contract will assume include the following paragraphs on or after the electronic import-export responsibility for alternate management (d)(2)(i) through (xv) of this section: reporting compliance date, to EPA of the hazardous wastes if their (i) The corresponding AOC number(s) electronically using EPA’s Waste Import disposition cannot be carried out as and waste number(s) for the listed Export Tracking System (WIETS), or its described in the notification of intent to waste; successor system. export submitted by either the foreign (ii) The shipment number and the (e) Duty to return or export hazardous exporter or the importer. In such cases, total number of shipments under the wastes. When a transboundary contracts must specify that: AOC number; movement of hazardous wastes cannot (i) The transporter or receiving facility (iii) Foreign exporter name, address, be completed in accordance with the having actual possession or physical telephone, fax numbers, and email terms of the contract or the consent(s), control over the hazardous wastes will address; the provisions of paragraph (f)(4) of this immediately inform the foreign exporter section apply. If alternative (iv) Receiving facility name, EPA ID and importer, and the competent arrangements cannot be made to recover number, address, telephone, fax authority where the shipment is located the hazardous waste in an numbers, email address, technologies of the need to arrange alternate environmentally sound manner in the employed, and the applicable recovery management or return; and United States, the hazardous waste must or disposal operations as defined in (ii) The person specified in the be returned to the country of export or § 262.81; contract will assume responsibility for exported to a third country. The the adequate management of the (v) Importer name (if not the owner or provisions of paragraph (b)(6) of this hazardous wastes in compliance with operator of the receiving facility), EPA section apply to any hazardous waste applicable laws and regulations ID number, address, telephone, fax shipments to be exported to a third including, if necessary, arranging the numbers, and email address; country. If the return shipment will return of the hazardous wastes and, as (vi) Description(s) of each hazardous cross any transit country, the return the case may be, shall provide the waste, quantity of each hazardous waste shipment may only occur after EPA notification for re-export required in in the shipment, applicable RCRA provides notification to and obtains § 262.83(b)(7). hazardous waste code(s) for each consent from the competent authority of (5) Contracts must specify that the hazardous waste, the applicable OECD the country of transit, and provides a importer or the receiving facility that waste code for each hazardous waste copy of that consent to the importer. performed interim recycling operations from the lists incorporated by reference (f) Import contract requirements. (1) R12, R13, or RC16, or interim disposal in 40 CFR 260.11, and the United Imports of hazardous waste must occur operations D13 through D15 or DC15 Nations/U.S. Department of under the terms of a valid written through DC17, as appropriate, will Transportation (DOT) ID number for contract, chain of contracts, or provide the notification required in each hazardous waste; equivalent arrangements (when the § 262.83(b)(7) prior to the re-export of (vii) Date movement commenced; movement occurs between parties hazardous wastes. The recovery and (viii) Name (if not the foreign controlled by the same corporate or disposal operations in this paragraph exporter), address, telephone, fax legal entity). Such contracts or are defined in § 262.81. numbers, and email of the foreign equivalent arrangements must be (6) Contracts or equivalent company originating the shipment; executed by the foreign exporter, arrangements must include provisions
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for financial guarantees, if required by operations D1 through D12, or DC15 to state inspector. No importer or receiving the competent authorities of any DC16, to the competent authority of the facility may be held liable for the countries concerned, in accordance with country of export, and for confirmations inability to produce such documents for applicable national or international law received on or after the electronic inspection under this section if the requirements. import-export reporting compliance importer or receiving facility can Note to paragraph (f)(6): Financial date, to EPA electronically using EPA’s demonstrate that the inability to guarantees so required are intended to Waste Import Export Tracking System produce the document is due provide for alternate recycling, disposal or (WIETS), or its successor system. The exclusively to technical difficulty with other means of sound management of the recovery and disposal operations in this EPA’s Waste Import Export Tracking wastes in cases where arrangements for the paragraph are defined in § 262.81. System (WIETS), or its successor system shipment and the recovery operations cannot (h) Recordkeeping. (1) The importer for which the importer or receiving be carried out as foreseen. The United States shall keep the following records and facility bears no responsibility. does not require such financial guarantees at provide them to EPA or authorized state (4) The periods of retention referred to this time; however, some OECD Member personnel upon request: countries or other foreign countries do. It is in this section are extended (i) A copy of each notification that the automatically during the course of any the responsibility of the importer to ascertain importer sends to EPA under paragraph and comply with such requirements; in some unresolved enforcement action cases, persons or facilities located in those (b)(1) of this section and each EPA AOC regarding the regulated activity or as countries may refuse to enter into the it receives in response for a period of at requested by the Administrator. necessary contracts absent specific references least three (3) years from the date the or certifications to financial guarantees. hazardous waste was accepted by the §§ 262.85–262.89 [Reserved] (7) Contracts or equivalent initial foreign transporter; and Appendix to Part 262 [Amended] (ii) A copy of each contract or arrangements must contain provisions equivalent arrangement established per ■ 15. Amend the Appendix to Part 262, requiring each contracting party to paragraph (f) of this section for at least under ‘‘II Instructions for International comply with all applicable requirements three (3) years from the expiration date Shipment Block’’ by removing the last of this subpart. of the contract or equivalent sentence in the instructions for Item 16. (8) Upon request by EPA, importers or arrangement. disposal or recovery facilities must (2) The receiving facility shall keep PART 263—STANDARDS APPLICABLE submit to EPA copies of contracts, chain the following records: TO TRANSPORTERS OF HAZARDOUS of contracts, or equivalent arrangements (i) A copy of each confirmation of WASTE (when the movement occurs between receipt (i.e., movement document) that parties controlled by the same corporate ■ 16. The authority citation for part 263 the receiving facility sends to the continues to read as follows: or legal entity). Information contained foreign exporter for at least three (3) in the contracts or equivalent years from the date it received the Authority: 42 U.S.C. 6906, 6912, 6922– arrangements for which a claim of hazardous waste; 6925, 6937, and 6938. confidentiality is asserted in accordance (ii) A copy of each confirmation of ■ 17. Amend § 263.10 by: with 40 CFR 2.203(b) will be treated as recovery or disposal that the receiving ■ a. Removing from paragraph (a), in the confidential and will be disclosed by facility sends to the foreign exporter for Note, the last paragraph; and EPA only as provided in 40 CFR 260.2. at least three (3) years from the date that ■ b. Revising paragraph (d). (g) Confirmation of recovery or it completed processing the waste The revisions read as follows: disposal. The receiving facility must do shipment; the following: (iii) For the receiving facility that § 263.10 Scope. (1) Send copies of the signed and performed any of recovery operations * * * * * dated confirmation of recovery or R12, R13, or RC16, or disposal (d) A transporter of hazardous waste disposal, as soon as possible, but no operations D13 through D15, or DC17 that is being imported from or exported later than thirty days after completing (recovery and disposal operations to any other country for purposes of recovery or disposal on the waste in the defined in § 262.81), a copy of each recovery or disposal is subject to this shipment and no later than one calendar confirmation of recovery or disposal Subpart and to all other relevant year following receipt of the waste, to that the final recovery or disposal requirements of subpart H of 40 CFR the foreign exporter, to the competent facility sent to it for at least three (3) part 262, including, but not limited to, authority of the country of export, and years from the date that the final 40 CFR 262.83(d) and 262.84(d) for for shipments recycled or disposed of recovery or disposal facility completed movement documents. on or after the electronic import-export processing the waste shipment; and * * * * * reporting compliance date, to EPA (iv) A copy of each contract or ■ 18. Amend § 263.20 by revising electronically using EPA’s Waste Import equivalent arrangement established per paragraphs (a)(2), (c), (e)(2), (f)(2), and Export Tracking System (WIETS), or its paragraph (f) of this section for at least (g) to read as follows: successor system. three (3) years from the expiration date (2) If the receiving facility performed of the contract or equivalent § 263.20 The manifest system. any of recovery operations R12, R13, or arrangement. (a) * * * RC16, or disposal operations D13 (3) Importers and receiving facilities (2) Exports. For exports of hazardous through D15, or DC17, the receiving may satisfy these recordkeeping waste subject to the requirements of facility shall promptly send copies of requirements by retaining electronically subpart H of 40 CFR part 262, a the confirmation of recovery or disposal submitted documents in the importer’s transporter may not accept hazardous that it receives from the final recovery or receiving facility’s account on EPA’s waste without a manifest signed by the or disposal facility within one year of Waste Import Export Tracking System generator in accordance with this shipment delivery to the final recovery (WIETS), or its successor system, section, as appropriate, and for exports or disposal facility that performed one provided that copies are readily occurring under the terms of a consent of recovery operations R1 through R11, available for viewing and production if issued by EPA on or after December 31, or RC14 to RC15, or one of disposal requested by any EPA or authorized 2016, a movement document that
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includes all information required by 40 the allowable methods specified in 40 three (3) years. The owner or operator of CFR 262.83(d). CFR 264.71(a)(2)(v); and a facility may satisfy this recordkeeping * * * * * (ii) For shipments initiated prior to requirement by retaining electronically (c) The transporter must ensure that the AES filing compliance date, when submitted documents in the facility’s the manifest accompanies the hazardous instructed by the exporter to do so, give account on EPA’s Waste Import Export waste. In the case of exports occurring a copy of the manifest to a U.S. Customs Tracking System (WIETS), or its under the terms of a consent issued by official at the point of departure from successor system, provided that copies EPA to the exporter on or after the United States. are readily available for viewing and December 31, 2016, the transporter must * * * * * production if requested by any EPA or ensure that a movement document that authorized state inspector. No owner or includes all information required by 40 PART 264—STANDARDS FOR operator of a facility may be held liable CFR 262.83(d) also accompanies the OWNERS AND OPERATORS OF for the inability to produce the hazardous waste. In the case of imports HAZARDOUS WASTE TREATMENT, documents for inspection under this occurring under the terms of a consent STORAGE, AND DISPOSAL section if the owner or operator of a issued by EPA to the country of export FACILITIES facility can demonstrate that the inability to produce the document is or the importer on or after December 31, ■ 19. The authority citation for part 264 due exclusively to technical difficulty 2016, the transporter must ensure that a continues to read as follows: movement document that includes all with EPA’s Waste Import Export information required by 40 CFR Authority: 42 U.S.C. 6905, 6912(a), 6924, Tracking System (WIETS), or its and 6925. successor system for which the owner or 262.84(d) also accompanies the ■ hazardous waste. 20. Amend § 264.12 by revising operator of a facility bears no paragraph (a) to read as follows: responsibility. * * * * * (3) As per 40 CFR 262.84(f)(4), if the (e) * * * § 264.12 Required notices. (2) A shipping paper containing all facility has physical control of the waste (a) The owner or operator of a facility and it must be sent to an alternate the information required on the that is arranging or has arranged to manifest (excluding the EPA facility or returned to the country of receive hazardous waste subject to 40 export, such owner or operator of the identification numbers, generator CFR part 262, subpart H from a foreign facility must inform EPA, using the certification, and signatures) and, for source must submit the following allowable methods listed in 40 CFR exports or imports occurring under the required notices: 262.84(b)(1) of the need to return or terms of a consent issued by EPA on or (1) As per 40 CFR 262.84(b), for arrange alternate management of the after December 31, 2016, a movement imports where the competent authority shipment. document that includes all information of the country of export does not require (4) As per 40 CFR 262.84(g), such required by 40 CFR 262.83(d) or the foreign exporter to submit to it a owner or operator shall: 262.84(d) accompanies the hazardous notification proposing export and obtain (i) Send copies of the signed and waste; and consent from EPA and the competent dated confirmation of recovery or * * * * * authorities for the countries of transit, disposal, as soon as possible, but no (f) * * * such owner or operator of the facility, if later than thirty days after completing (2) Rail transporters must ensure that acting as the importer, must provide recovery or disposal on the waste in the a shipping paper containing all the notification of the proposed shipment and no later than one calendar information required on the manifest transboundary movement in English to year following receipt of the waste, to (excluding the EPA identification EPA using the allowable methods listed the foreign exporter, to the competent numbers, generator certification, and in 40 CFR 262.84(b)(1) at least 60 days authority of the country of export that signatures) and, for exports or imports before the first shipment is expected to controls the shipment as an export of occurring under the terms of a consent depart the country of export. The hazardous waste, and for shipments issued by EPA on or after December 31, notification may cover up to one year of recycled or disposed of on or after the 2016, a movement document that shipments of wastes having similar electronic import-export reporting includes all information required by 40 physical and chemical characteristics, compliance date, to EPA electronically CFR 262.83(d) or 262.84(d) accompanies the same United Nations classification, using EPA’s Waste Import Export the hazardous waste at all times. the same RCRA waste codes and OECD Tracking System (WIETS), or its Note to paragraph (f)(2): Intermediate rail waste codes, and being sent from the successor system. transporters are not required to sign the same foreign exporter. (ii) If the facility performed any of manifest, movement document, or shipping (2) As per 40 CFR 262.84(d)(2)(xv), a recovery operations R12, R13, or RC16, paper. copy of the movement document or disposal operations D13 through D15, bearing all required signatures within or DC17, promptly send copies of the * * * * * (g) Transporters who transport three (3) working days of receipt of the confirmation of recovery or disposal hazardous waste out of the United shipment to the foreign exporter; to the that it receives from the final recovery States must: competent authorities of the countries of or disposal facility within one year of (1) Sign and date the manifest in the export and transit that control the shipment delivery to the final recovery International Shipments block to shipment as an export and transit or disposal facility that performed one indicate the date that the shipment left shipment of hazardous waste of recovery operations R1 through R11, the United States; respectively; and on or after the or RC16, or one of disposal operations (2) Retain one copy in accordance electronic import-export reporting D1 through D12, or DC15 to DC16, to the with § 263.22(d); compliance date, to EPA electronically competent authority of the country of (3) Return a signed copy of the using EPA’s Waste Import Export export that controls the shipment as an manifest to the generator; and Tracking System (WIETS), or its export of hazardous waste, and on or (4) For paper manifests only, successor system. The original of the after the electronic import-export (i) Send a copy of the manifest to the signed movement document must be reporting compliance date, to EPA e-Manifest system in accordance with maintained at the facility for at least electronically using EPA’s Waste Import
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Export Tracking System (WIETS), or its with EPA’s Waste Import Export requirement by retaining electronically successor system. The recovery and Tracking System (WIETS), or its submitted documents in the facility’s disposal operations in this paragraph successor system, for which the owner account on EPA’s Waste Import Export are defined in 40 CFR 262.81. or operator of a facility bears no Tracking System (WIETS), or its * * * * * responsibility. successor system, provided that copies ■ 21. Amend § 264.71 by revising * * * * * are readily available for viewing and paragraphs (a)(3) and (d) to read as production if requested by any EPA or follows: PART 265—INTERIM STATUS authorized state inspector. No owner or STANDARDS FOR OWNERS AND operator of a facility may be held liable § 264.71 Use of manifest system. OPERATORS OF HAZARDOUS WASTE for the inability to produce the (a) * * * TREATMENT, STORAGE, AND documents for inspection under this (3) The owner or operator of a facility DISPOSAL FACILITIES section if the owner or operator of a receiving hazardous waste subject to 40 ■ 22. The authority citation for part 265 facility can demonstrate that the CFR part 262, subpart H from a foreign continues to read as follows: inability to produce the document is source must: due exclusively to technical difficulty (i) Additionally list the relevant Authority: 42 U.S.C. 6905, 6906, 6912, with EPA’s Waste Import Export consent number from consent 6922, 6923, 6924, 6925, 6935, 6936, and Tracking System (WIETS), or its 6937. documentation supplied by EPA to the successor system, for which the owner facility for each waste listed on the ■ 23. Amend § 265.12 by revising or operator of a facility bears no manifest, matched to the relevant list paragraph (a) to read as follows: responsibility. number for the waste from block 9b. If § 265.12 Required notices. (3) As per 40 CFR 262.84(f)(4), if the additional space is needed, the owner or (a) The owner or operator of a facility facility has physical control of the waste operator should use a Continuation that is arranging or has arranged to and it must be sent to an alternate Sheet(s) (EPA Form 8700–22A); and receive hazardous waste subject to 40 facility or returned to the country of (ii) Send a copy of the manifest within CFR part 262, subpart H from a foreign export, such owner or operator of the thirty (30) days of delivery to EPA using source must submit the following facility must inform EPA, using the the addresses listed in 40 CFR 262.82(e) required notices: allowable methods listed in 40 CFR until the facility can submit such a copy (1) As per 40 CFR 262.84(b), for 262.84(b)(1) of the need to return or to the e-Manifest system per paragraph imports where the competent authority arrange alternate management of the (a)(2)(v) of this section. of the country of export does not require shipment. * * * * * the foreign exporter to submit to it a (4) As per 40 CFR 262.84(g), such (d) As per 40 CFR 262.84(d)(2)(xv), notification proposing export and obtain owner or operator shall: within three (3) working days of the consent from EPA and the competent (i) Send copies of the signed and receipt of a shipment subject to 40 CFR authorities for the countries of transit, dated confirmation of recovery or part 262, subpart H, the owner or such owner or operator of the facility, if disposal, as soon as possible, but no operator of a facility must provide a acting as the importer, must provide later than thirty days after completing copy of the movement document notification of the proposed recovery or disposal on the waste in the bearing all required signatures to the transboundary movement in English to shipment and no later than one calendar foreign exporter; to the competent EPA using the allowable methods listed year following receipt of the waste, to authorities of the countries of export in 40 CFR 262.84(b)(1) at least 60 days the foreign exporter, to the competent and transit that control the shipment as before the first shipment is expected to authority of the country of export that an export and transit of hazardous waste depart the country of export. The controls the shipment as an export of respectively; and on or after the notification may cover up to one year of hazardous waste, and on or after the electronic import-export reporting shipments of wastes having similar electronic import-export reporting compliance date, to EPA electronically physical and chemical characteristics, compliance date, to EPA electronically using EPA’s Waste Import Export the same United Nations classification, using EPA’s Waste Import Export Tracking System (WIETS), or its the same RCRA waste codes and OECD Tracking System (WIETS), or its successor system. The original copy of waste codes, and being sent from the successor system. the movement document must be same foreign exporter. (ii) If the facility performed any of maintained at the facility for at least (2) As per 40 CFR 262.84(d)(2)(xv), a recovery operations R12, R13, or RC16, three (3) years from the date of copy of the movement document or disposal operations D13 through D15, signature. The owner or operator of a bearing all required signatures within or DC17, promptly send copies of the facility may satisfy this recordkeeping three (3) working days of receipt of the confirmation of recovery or disposal requirement by retaining electronically shipment to the foreign exporter; to the that it receives from the final recovery submitted documents in the facility’s competent authorities of the countries of or disposal facility within one year of account on EPA’s Waste Import Export export and transit that control the shipment delivery to the final recovery Tracking System (WIETS), or its shipment as an export and transit or disposal facility that performed one successor system, provided that copies shipment of hazardous waste of recovery operations R1 through R11, are readily available for viewing and respectively; and on or after the or RC16, or one of disposal operations production if requested by any EPA or electronic import-export reporting D1 through D12, or DC15 to DC16, to the authorized state inspector. No owner or compliance date, to EPA electronically competent authority of the country of operator of a facility may be held liable using EPA’s Waste Import Export export that controls the shipment as an for the inability to produce the Tracking System (WIETS), or its export of hazardous waste, and on or documents for inspection under this successor system. The original of the after the electronic import-export section if the owner or operator of a signed movement document must be reporting compliance date, to EPA facility can demonstrate that the maintained at the facility for at least electronically using EPA’s Waste Import inability to produce the document is three (3) years. The owner or operator of Export Tracking System (WIETS), or its due exclusively to technical difficulty a facility may satisfy this recordkeeping successor system. The recovery and
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disposal operations in this paragraph an export and transit shipment of PART 266—STANDARDS FOR THE are defined in 40 CFR 262.81. hazardous waste respectively; and on or MANAGEMENT OF SPECIFIC * * * * * after the electronic import-export HAZARDOUS WASTES AND SPECIFIC ■ 24. Amend § 265.71 by revising reporting compliance date, to EPA TYPES OF HAZARDOUS WASTE paragraphs (a)(3) and (d) to read as electronically using EPA’s Waste Import MANAGEMENT FACILITIES follows: Export Tracking System (WIETS), or its ■ 25. The authority citation for part 266 successor system. The original copy of § 265.71 Use of manifest system. continues to read as follows: the movement document must be (a) * * * maintained at the facility for at least Authority: 42 U.S.C. 1006, 2002(a), 3001– (3) The owner or operator of a facility three (3) years from the date of 3009, 3014, 3017, 6905, 6906, 6912, 6921, that receives hazardous waste subject to 6922, 6924–6927, 6934, and 6937. signature. The owner or operator of a 40 CFR part 262, subpart H from a facility may satisfy this recordkeeping ■ 26. Amend § 266.70 by revising foreign source must: paragraph (b) to read as follows: (i) Additionally list the relevant requirement by retaining electronically consent number from consent submitted documents in the facility’s § 266.70 Applicability and requirements. account on EPA’s Waste Import Export documentation supplied by EPA to the * * * * * facility for each waste listed on the Tracking System (WIETS), or its (b) Persons who generate, transport, or manifest, matched to the relevant list successor system, provided that copies store recyclable materials that are number for the waste from block 9b. If are readily available for viewing and regulated under this subpart are subject additional space is needed, the owner or production if requested by any EPA or to the following requirements: operator should use a Continuation authorized state inspector. No owner or (1) Notification requirements under Sheet(s) (EPA Form 8700–22A); and operator of a facility may be held liable section 3010 of RCRA; (ii) Send a copy of the manifest to for the inability to produce the (2) Subpart B of part 262 (for EPA using the addresses listed in 40 documents for inspection under this generators), 40 CFR 263.20 and 263.21 CFR 262.82(e) within thirty (30) days of section if the owner or operator of a (for transporters), and 40 CFR 265.71 delivery until the facility can submit facility can demonstrate that the and 265.72 (for persons who store) of such a copy to the e-Manifest system per inability to produce the document is this chapter; and paragraph (a)(2)(v) of this section. due exclusively to technical difficulty (3) For precious metals exported to or * * * * * with EPA’s Waste Import Export imported from other countries for (d) As per 40 CFR 262.84(d)(2)(xv), Tracking System (WIETS), or its recovery, 40 CFR part 262, subpart H within three (3) working days of the successor system, for which the owner and 265.12. receipt of a shipment subject to 40 CFR or operator of a facility bears no * * * * * part 262, subpart H, the owner or responsibility. ■ 27. Amend § 266.80 by revising operator of a facility must provide a * * * * * paragraphs (a)(6) and (7) and adding copy of the movement document paragraphs (a)(8), (9), and (10) to read as bearing all required signatures to the follows: foreign exporter; to the competent authorities of the countries of export § 266.80 Applicability and requirements. and transit that control the shipment as (a) * * *
If your batteries . . . And if you . . . Then you . . . And you . . .
******* (6) Will be reclaimed through re- export these batteries for reclama- are exempt from 40 CFR parts are subject to 40 CFR part 261, generation or any other means. tion in a foreign country. 262 (except for § 262.11, § 262.11, § 262.12, and 40 CFR § 262.12 and subpart H), 263, part 262, subpart H. 264, 265, 266, 268, 270, 124 of this chapter, and the notification requirements at section 3010 of RCRA. (7) Will be reclaimed through re- Transport these batteries in the are exempt from 40 CFR parts must comply with applicable re- generation or any other means. U.S. to export them for reclama- 263, 264, 265, 266, 268, 270, quirements in 40 CFR part 262, tion in a foreign country. 124 of this chapter, and the no- subpart H. tification requirements at section 3010 of RCRA. (8) Will be reclaimed other than Import these batteries from foreign are exempt from 40 CFR parts are subject to 40 CFR parts 261, through regeneration. country and store these bat- 262 (except for § 262.11, § 262.11, § 262.12, part 262 teries but you aren’t the re- § 262.12 and subpart H), 263, subpart H, and applicable provi- claimer. 264, 265, 266, 270, 124 of this sions under part 268. chapter, and the notification re- quirements at section 3010 of RCRA. (9) Will be reclaimed other than Import these batteries from foreign must comply with 40 CFR are subject to 40 CFR parts 261, through regeneration. country and store these bat- 266.80(b) and as appropriate § 262.11, § 262.12, part 262 teries before you reclaim them. other regulatory provisions de- subpart H, and applicable provi- scribed in 266.80(b). sions under part 268.
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If your batteries . . . And if you . . . Then you . . . And you . . .
(10) Will be reclaimed other than Import these batteries from foreign are exempt from 40 CFR parts are subject to 40 CFR parts 261, through regeneration. country and don’t store these 262 (except for § 262.11, § 262.11, § 262.12, part 262 batteries before you reclaim § 262.12 and subpart H), 263, subpart H, and applicable provi- them. 264, 265, 266, 270, 124 of this sions under part 268. chapter, and the notification re- quirements at section 3010 of RCRA.
* * * * * receiving facility should use a successor system, provided that copies Continuation Sheet(s) (EPA Form 8700– are readily available for viewing and PART 267—STANDARDS FOR 22A); and production if requested by any EPA or OWNERS AND OPERATORS OF (ii) Mail a copy of the manifest to EPA authorized state inspector. No owner or HAZARDOUS WASTE FACILITIES using the addresses listed in 40 CFR operator of a facility may be held liable OPERATING UNDER A 262.82(e) within thirty (30) days of for the inability to produce the STANDARDIZED PERMIT delivery until the facility can submit documents for inspection under this ■ 28. The authority citation for part 267 such a copy to the e-Manifest system per section if the owner or operator of a continues to read as follows: 40 CFR 264.71(a)(2)(v) or facility can demonstrate that the 265.71(a)(2)(v). inability to produce the document is Authority: 42 U.S.C. 6902, 6912(a), 6924– * * * * * due exclusively to technical difficulty 6926, and 6930. with EPA’s Waste Import Export ■ (d) As per 40 CFR 262.84(d)(2)(xv), 29. Amend § 267.71 by: within three (3) working days of the Tracking System (WIETS), or its ■ a. Revising paragraphs (a)(4) and (5); successor system, for which the owner ■ receipt of a shipment subject to 40 CFR b. Adding paragraph (a)(6); and or operator of a facility bears no ■ part 262, subpart H, the owner or c. Revising paragraph (d). responsibility. The revisions and additions read as operator of a facility must provide a follows: copy of the movement document bearing all required signatures to the PART 271—REQUIREMENTS FOR § 267.71 Use of the manifest system. foreign exporter; to the competent AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS (a) * * * authorities of the countries of export (4) Within 30 days after the delivery, and transit that control the shipment as ■ 30. The authority citation for part 271 send a copy of the manifest to the an export and transit shipment of continues to read as follows: generator; hazardous waste respectively; and on or (5) Retain at the facility a copy of each after the electronic import-export Authority: 42 U.S.C. 6905, 6912(a), and 6926. manifest for at least three years from the reporting compliance date, to EPA date of delivery; and electronically using EPA’s Waste Import ■ 31. Amend § 271.1(j)(2) by: (6) If a facility receives hazardous Export Tracking System (WIETS), or its ■ a. Adding an entry to Table 1 in waste subject to 40 CFR part 262, successor system. The original copy of chronological order by ‘‘Promulgation subpart H from a foreign source, the the movement document must be date’’ and receiving facility must: maintained at the facility for at least ■ b. Adding an entry to Table 2 in (i) Additionally list the relevant three (3) years from the date of chronological order by ‘‘Effective date’’. consent number from consent signature. The owner or operator of a The additions read as follows: documentation supplied by EPA to the facility may satisfy this recordkeeping facility for each waste listed on the requirement by retaining electronically § 271.1 Purpose and scope. manifest, matched to the relevant list submitted documents in the facility’s * * * * * number for the waste from block 9b. If account on EPA’s Waste Import Export (j) * * * additional space is needed, the Tracking System (WIETS), or its (2) * * *
TABLE 1—REGULATIONS IMPLEMENTING THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984
Promulgation date Title of regulation Federal Register reference Effective date
******* [Date of publication of final rule in the Hazardous Waste Export-Import Revi- [Insert FR page citation] ...... December 31, 2016. Federal Register (FR)]. sions.
* * * * *
TABLE 2—SELF-IMPLEMENTING PROVISIONS OF THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984
RCRA Effective date Self-implementing provision citation Federal Register reference
******* December 31, 2016...... Hazardous Waste Export-Import Revi- 3017(a) [Insert Federal Register page citation]. sions.
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* * * * * § 271.12 Requirements for hazardous ■ 38. Revise § 273.40 to read as follows: ■ 32. Amend § 271.10 by revising waste management facilities. § 273.40 Exports. paragraph (e) to read as follows: * * * * * (i) * * * A large quantity handler of universal § 271.10 Requirements for generators of (2) After listing the relevant consent waste who sends universal waste to a hazardous wastes. number from consent documentation foreign destination is subject to the * * * * * supplied by EPA to the facility for each requirements of 40 CFR part 262, (e) The State program shall provide waste listed on the manifest, matched to subpart H. requirements respecting international the relevant list number for the waste ■ 39. Revise § 273.56 to read as follows: shipments which are equivalent to those from block 9b, to EPA using the at 40 CFR part 262 subpart H, other allowable methods listed in 40 CFR § 273.56 Exports. hazardous waste import and export 262.84(b)(1) until the facility can submit A universal waste transporter regulations in 40 CFR parts 260, 262, such a copy to the e-Manifest system per transporting a shipment of universal 263, 264, 265, 266, 267 and 273, and 40 CFR 264.71(a)(2)(v) and waste to a foreign destination is subject exclusion conditions for export or 265.71(a)(2)(v). to the requirements of 40 CFR part 262, import in 40 CFR part 261 to the extent * * * * * subpart H. that State has adopted such exclusion ■ 40. Amend § 273.62 by revising the conditions, except that States shall not PART 273—STANDARDS FOR introductory text of paragraph (a) to replace EPA or international references UNIVERSAL WASTE MANAGEMENT read as follows: with State references. ■ 35. The authority citation for part 273 § 273.62 Tracking universal waste * * * * * continues to read as follows: shipments. ■ 33. Amend § 271.11 by revising (a) The owner or operator of a paragraph (c)(4) to read as follows: Authority: 42 U.S.C. 6922, 6923, 6924, 6925, 6930, and 6937. destination facility must keep a record § 271.11 Requirements for transporters of ■ 36. Revise § 273.20 to read as follows: of each shipment of universal waste hazardous wastes. received at the facility. The record may § 273.20 Exports. (c) * * * take the form of a log, invoice, manifest, A small quantity handler of universal bill of lading, movement document or (4) For exports of hazardous waste, waste who sends universal waste to a the state must require the transporter to other shipping document. The record foreign destination is subject to the for each shipment of universal waste refuse to accept hazardous waste for requirements of 40 CFR part 262, export if the exporter has not provided: received must include the following subpart H. information: A manifest listing the consent numbers ■ 37. Amend § 273.39 by revsing the * * * * * for the hazardous waste shipment; a introductory text of paragraphs (a) and ■ movement document for shipments (b) to read as follows: 41. Revise § 273.70 to read as follows: occurring under consents issued by EPA § 273.70 Imports. on or after December 31, 2016; and on § 273.39 Tracking universal waste or after the AES filing compliance date, shipments. Persons managing universal waste the ITN number for the hazardous waste (a) Receipt of shipments. A large that is imported from a foreign country shipment. The state must further require quantity handler of universal waste into the United States are subject to the the transporter to carry a movement must keep a record of each shipment of requirements of 40 CFR part 262 subpart document and manifest with the universal waste received at the facility. H and the applicable requirements of shipment, as required; to sign and date The record may take the form of a log, this part, immediately after the waste the International Shipments Block of the invoice, manifest, bill of lading, enters the United States, as indicated in manifest to indicate the date the movement document or other shipping paragraphs (a) through (c) of this shipment leaves the U.S.; to carry paper document. The record for each section: documentation of consent (i.e., shipment of universal waste received (a) A universal waste transporter is Acknowledgement of Consent, must include the following information: subject to the universal waste movement document) with the * * * * * transporter requirements of subpart D of shipment and to give a copy of the (b) Shipments off-site. A large this part. manifest to the U.S. customs official at quantity handler of universal waste (b) A universal waste handler is the point of departure if instructed by must keep a record of each shipment of subject to the small or large quantity mail, email or fax by the exporter to do universal waste sent from the handler to handler of universal waste requirements so; and to send a copy of the manifest, other facilities. The record may take the of subparts B or C, as applicable. if in paper form, to the e-Manifest form of a log, invoice, manifest, bill of (c) An owner or operator of a system using the allowable methods lading, movement document or other destination facility is subject to the listed in 40 CFR 264.71(a)(2)(v). shipping document. The record for each destination facility requirements of * * * * * shipment of universal waste sent must subpart E of this part. ■ 34. Amend § 271.12 by revising include the following information: [FR Doc. 2016–27428 Filed 11–25–16; 8:45 am] paragraph (i)(2) to read as follows: * * * * * BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: Jim F. Revisions to Satellite Accumulation AGENCY O’Leary, U.S. Environmental Protection Area (SAA) Regulations for SQGs and Agency, Office of Resource LQGs (262.15) 40 CFR Parts 257, 258, 260, 261, 262, G. Accumulation of Hazardous Waste by Conservation and Recovery, (MC: SQGs and LQGs on Drip Pads and in 263, 264, 265, 266, 267, 268, 270, 271, 5304P), 1200 Pennsylvania Ave. NW., Containment Buildings 273, and 279 Washington, DC 20460, (703) 308–8827, H. Special Requirements for Ignitable and [EPA–HQ–RCRA–2012–0121; FRL 9947–26– ([email protected]) or Kathy Lett, U.S. Reactive Wastes for LQGs (40 CFR OLEM] Environmental Protection Agency, 262.17(a)(1)(vi)) Office of Resource Conservation and I. LQG Closure Regulations (40 CFR RIN 2050–AG70 Recovery, (MC: 5304P), 1200 262.17(a)(8)) Pennsylvania Ave. NW., Washington, J. Documentation of Inspections of Waste Hazardous Waste Generator Accumulation Units Improvements Rule DC 20460, (703) 605–0761, (lett.kathy@ K. Allowing VSGQs To Send Hazardous epa.gov). Waste to LQGs Under the Control of the AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: Same Person (40 CFR 262.14(a)(5)(viii) Agency (EPA). and 262.17(f)) I. Table of Contents ACTION: Final rule. L. EPA Identification Numbers and Re- The information presented in this Notification for SQGs and LQGs (40 CFR SUMMARY: With this action, the United preamble is organized as follows: 262.18) States Environmental Protection Agency M. Provision Prohibiting Generators from I. Table of Contents Disposing of Liquids in Landfills (40 (EPA) is finalizing revisions to the II. General Information CFR 262.14(b) and 262.35) Resource Conservation and Recovery A. Does this action apply to me? N. Clarification of Biennial Reporting Act’s (RCRA) hazardous waste generator B. Incorporation by Reference Requirements (40 CFR 262.41, 264.75 regulatory program proposed on III. Statutory Authority and 265.75) September 25, 2015. There are several IV. What is the intent of this final rule? O. Extending Time Limit for Accumulation objectives to these revisions. They V. Background Under Alternative Requirements for include reorganizing the hazardous A. History of the Hazardous Waste Laboratories Owned by Eligible Generator Program Academic Entities (40 CFR Part 262 waste generator regulations to make B. Hazardous Waste Generator Subpart K) them more user-friendly and thus Demographics P. Deletion of Performance Track and improve their usability by the regulated VI. Reorganization of the Hazardous Waste Project XL Regulations community; providing a better Generator Regulations and Organization X. Addition to 40 CFR Part 262 for understanding of how the RCRA of the Preamble Generators That Temporarily Change hazardous waste generator regulatory A. Moving and Integrating Regulations Generator Category as a Result of an program works; addressing gaps in the From 40 CFR 261.5 Into 40 CFR Part 262 Episodic Event existing regulations to strengthen B. SQG and LQG Conditions for Exemption A. Introduction (40 CFR 262.16 and 262.17) B. What is EPA finalizing? environmental protection; providing C. EPA Identification Number (40 CFR C. What changed since proposal? greater flexibility for hazardous waste 262.12) D. Major Comments generators to manage their hazardous D. What changed since proposal? XI. Detailed Discussion of Preparedness, waste in a cost-effective and protective E. Guidance and Implementation Prevention, and Emergency Procedures manner; and making technical VII. Detailed Discussion of Revisions to 40 Provisions for SQGs (40 CFR 262.16) and corrections and conforming changes to CFR Part 260—Hazardous Waste LQGs (40 CFR 262.17 and 40 CFR Part address inadvertent errors and remove Management System: General 262 Subpart M) obsolete references to programs that no A. Generator Category Definitions (40 CFR A. Introduction 260.10) B. What is EPA finalizing as proposed? longer exist. This final rule responds to B. Generators That Generate Both Acute C. What is EPA finalizing with changes to the comments of EPA stakeholders, and Non-Acute Hazardous Waste in the proposed rule language? taking into consideration the mission of Same Calendar Month (40 CFR 260.10) D. What is EPA not including in the final EPA and the goals of RCRA. C. Definition of Central Accumulation Area rule? DATES: This final rule is effective on (40 CFR 260.10) XII. Technical Corrections and Conforming May 30, 2017. The incorporation by VIII. Detailed Discussion of Revisions to 40 Changes to 40 CFR Parts 257, 258, 260 reference of certain publications listed CFR Part 261—Requiring Biennial Through 265, 270, 273, and 279 Reporting for Owners or Operators of A. What is EPA finalizing? in the regulations is approved by the Facilities That Recycle Hazardous Waste B. What changed since proposal? Director of the Federal Register as of Without Storing It (40 CFR 261.6(c)(2)) C. Major Comments May 30, 2017. A. Introduction XIII. Electronic Tools To Streamline ADDRESSES: The EPA has established a B. What is EPA finalizing? Hazardous Waste Reporting and docket for this action under Docket ID C. Major Comments Recordkeeping Requirements No. EPA–HQ–RCRA–2012–0121. All IX. Detailed Discussion of Revisions to 40 A. Waste Determination Tools CFR Part 262—Standards Applicable to B. Emergency Response Executive documents in the docket are listed on Generators of Hazardous Waste Summary App the http://www.regulations.gov Web A. Addition of Terms Used in This Part C. Recordkeeping and Reporting Tools site. Although listed in the index, some and Changes to Purpose, Scope and D. Analysis of Comments information is not publicly available, Applicability (40 CFR 262.1 and 262.10) XIV. Enforceability e.g., CBI or other information whose B. Waste Determinations (40 CFR 262.11) XV. State Authorization disclosure is restricted by statute. C. Determining Generator Category (40 CFR A. Applicability of Rules in Authorized Certain other material, such as 262.13) States copyrighted material, is not placed on D. Very Small Quantity Generator B. Effect on State Authorization of Final Conditions for Exemption (40 CFR Rule the Internet and will be publicly 262.14) XVI. Statutory and Executive Order Reviews available only in hard copy form. E. Marking and Labeling and Hazardous A. Executive Order 12866: Regulatory Publicly available docket materials are Waste Numbers (40 CFR 262.15(a)(5), Planning and Review and Executive available electronically through http:// 262.16(b)(6), 262.17(a)(5), 262.32(b)–(d), Order 13563: Improving Regulation and www.regulations.gov. 263.12(b) and 268.50(a)(2)(i) Regulatory Review
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B. Paperwork Reduction Act (PRA) end estimate and $1.1 million for the buildings, indoor storage and general C. Regulatory Flexibility Act (RFA) high-end estimate at a 7% discount rate. purpose warehouses. They are available D. Unfunded Mandates Reform Act The Hazardous Waste Generator for inspection through NFPA’s Free E. Executive Oder 13132: Federalism Improvements Rule is expected to yield Access site, http://www.nfpa.org/ F. Executive Order 13175: Consultation and Coordination With Indian Tribal a variety of benefits as generators freeaccess. Copies may be obtained from Governments change several of their waste the National Fire Protection G. Executive Order 13045: Protection of management practices to comply with Association, 1 Batterymarch Park, Children From Environmental Health the regulations. These benefits reflect Quincy, MA 02269. (For ordering Risks and Safety Risks the rule’s focus on enhancing protection information, call toll-free 1–800–344– H. Executive Order 13211: Actions of human health and the environment 3555 or visit http://www.nfpa.org/codes- Concerning Regulations That while improving the efficiency of the and-standards.) Significantly Affect Energy Supply, RCRA hazardous waste generator Distribution or Use standards. Ideally, the Agency would III. Statutory Authority I. National Technology Transfer and These regulations are promulgated Advancement Act (NTTAA) prefer to quantify and monetize the J. Executive Order 12898: Federal Actions rule’s total benefits. However, only under the authority of sections 2002, To Address Environmental Justice in some categories of benefits are 3001, 3002, 3003, 3004, 3005, 3007, and Minority Populations and Low-Income quantifiable; sufficient data are not 3010 of the Solid Waste Disposal Act of Populations available to support a detailed 1965, as amended by the Resource K. Congressional Review Act (CRA) quantitative analysis for a majority of Conservation and Recovery Act of 1976 (RCRA), as amended by the Hazardous II. General Information the benefit categories. For example, the added flexibility from allowing a large and Solid Waste Amendments of 1984 A. Does this action apply to me? quantity generator accumulating (HSWA), 42 U.S.C. 6921, 6922, 6923, Entities potentially affected by this ignitable or reactive hazardous waste to and 6924. This statute is commonly action include between 424,099 and obtain an approval from the authority referred to as ‘‘RCRA.’’ 676,890 industrial entities that generate having jurisdiction (AHJ) over the fire IV. What is the intent of this final rule? hazardous waste regulated under the code for the 50-foot property line This final rule promulgates over 60 RCRA Subtitle C regulations. Of this requirement at 40 CFR 265.176 revisions and new provisions to the universe, between 353,441 and 591,809 (provided other safety requirements are met) is difficult to quantify. In addition, hazardous waste generator regulatory are very small quantity generators program. The primary intent of these (VSQGs),1 previously called quantifying the benefits associated with emergency response due to changes in provisions is to foster improved conditionally exempt small quantity compliance by hazardous waste generators, whose regulatory obligations container labeling would require data on the annual number of emergencies at generators in the identification and will only be affected if they choose to management of the hazardous waste take advantage of either of the two generator sites, the current risks associated with these incidents, the they generate and, as a result, improve voluntary programs being promulgated. protection of human health and the Entities potentially affected by this final extent to which more detailed labeling would affect the procedures of environment. Another major objective of rule include practically every industrial this rule is to support the efficient sector, including printing, petroleum emergency responders, and the reduction in risk associated with these implementation of the hazardous waste refining, chemical manufacturing, generator regulations by the states. plastics and resin manufacturing, changes. Detailed data on these items are not readily available. In this and in The Agency intends to achieve these pharmaceutical manufacturing, paint objectives in several ways. For example, and coatings, iron and steelmaking, similar cases, the benefits are described qualitatively. the most frequent comment the Agency secondary smelting and refining, metal received when it conducted a program manufacturing, electroplating, circuit B. Incorporation by Reference (IBR) evaluation of the hazardous waste board manufacturing, and automobile This final rule is not adding any new generator regulatory program in 2004 manufacturing, among other industries. IBR material; however, EPA is was to improve the user-friendliness of As discussed in section XVI.A, the reorganizing one of the existing the regulations. Prior to this action, the Regulatory Impact Analysis (RIA) for requirements containing IBR material to generator regulations were found in this action, available in the docket for make the regulation easier for the reader several parts of the Code of Federal this action, estimates the future to follow. EPA is copying § 265.201(g)(2) Regulations (CFR). This final rule annualized cost to industry to comply to § 262.16(b)(3)(vii)(B). To reorganizes and consolidates most of the with the requirements is between $5.9 accommodate this change, EPA is generator regulatory program into 40 and $13.3 million (at a 7% discount updating § 260.11(d)(1), which is the CFR part 262, with exceptions for very rate). The estimated annualized benefits IBR reference section for these technical and lengthy regulations, such for entities opting to take advantage of regulations, by adding a reference to as the RCRA air emissions standards two voluntary programs in the final rule § 262.16. The materials being and the land disposal restriction (e.g., consolidation of VSQG waste by incorporated by reference are for the requirements. large quantity generators (LQGs) under National Fire Protection Association Another important component of this the same ownership, and generators (NFPA), Flammable and Combustible rule is to explain in greater detail how who change regulatory status Liquids Code (NFPA 30), 1977 and the hazardous waste generator episodically) are between $8.3 and 1981. NFPA 30 addresses the fire and regulations actually work. As explained $14.4 million (at a 7% discount rate). prevention codes associated with later on, there are two types of This results in a net annualized benefit flammable and combustible liquids. The regulatory standards for the hazardous for the rule of $2.4 million for the low- 1981 edition modifies Chapter 4, waste generator program: Conditions Container and Portable Tank Storage of that must be met in order to obtain an 1 EPA is finalizing its proposed change to rename ‘‘Conditionally exempt small quantity generators’’ the 1977 edition to address such areas exemption from permitting (‘‘conditions as ‘‘Very small quantity generators.’’ A discussion as portable tanks, basement storage for exemption’’) and requirements that of this change can be found in section VII.A. areas, cutoff rooms and attached apply to generators regardless of
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whether or not they choose to obtain an Further clarifications address closure, over the fire code when they are unable exemption from the permit requirement biennial reporting, waste accumulation, to meet the 50 feet property line (‘‘independent requirements’’). The liquids in landfills, emergency response, requirement for the accumulation of Agency notes that these clarifications and the marking and labeling of ignitable or reactive waste. Together, regarding the distinction between containers, tanks, drip pads, and these provisions that add flexibility to independent generator requirements containment buildings. All together, the regulations better represent the real- and the conditions for exemption do not these revisions to the generator program world conditions that many of the fundamentally alter the way the provide the generators themselves better smaller hazardous waste generators generator regulatory scheme has access to both the regulations with operate under and ensure and allow operated over the last 30 years. which they are required to comply and proper management of hazardous waste Similarly, the enforcement some of the information that was while under those conditions. consequences of independent previously only available in guidance. The RCRA hazardous waste generator requirement violations and non- From experience through the years, regulatory program is primarily compliance with conditions for the Agency also has identified administered by the states, and exemption do not signal a change from regulatory gaps resulting in either therefore, its success is predicated in how the great majority of enforcement program inefficiencies or EPA supporting their inspection, efforts have been pursued when ineffectiveness. For example, prior to enforcement and permitting activities. violations of these regulations are this final rule, large quantity generators The Agency will work with the states to detected. (LQGs) were not required to notify EPA support their efforts in becoming This final rule also incorporates or most states when they close their authorized for these program revisions numerous clarifications to different facility. Without such information, and will support both the regulated components of the hazardous waste implementing agencies did not have community and the implementing generator regulatory program made by confirmation a whether or not the agencies in their efforts to comply with the Agency through the years in Federal generators complied with specified these new provisions. Register notices, guidance, closure performance standards. V. Background correspondence, and policy. For Generators also were not required to example, a key component of the identify and communicate the hazards A. History of the Hazardous Waste program is that generators need to make associated with the hazardous waste Generator Program accurate hazardous waste they generate and accumulate on-site, For the most part, the regulations for determinations. While the Agency has nor to ensure working relationships hazardous waste generators have not stated in Federal Register preambles with local emergency authorities. This changed significantly since 1980, except and correspondence from the beginning final rule addresses these concerns. for three major modifications. First, as a of the program that solid and hazardous Similarly, prior to this rulemaking, result of the Hazardous and Solid Waste waste determinations must be made at SQGs were only required to submit a Amendments (HSWA) of 1984, EPA the point of generation before any notification when they first identified promulgated a rule that created three dilution, mixing, or other alteration of themselves as a hazardous waste generator categories; i.e., conditionally the waste occurs, we have never generator to obtain a RCRA exempt small quantity generators, small incorporated such an important concept identification number, and to be able to quantity generators and large quantity into regulation. This final rule does so. ship hazardous waste off-site to a generators (51 FR 10146, March 24, Also, most generators use knowledge of permitted treatment, storage and 1986). Prior to that rule the regulatory their processes and feedstocks to disposal facility (TSDF). As a result, the framework for hazardous waste determine if they have generated a Agency and many states databases for generators consisted of two categories: hazardous waste. In response to this universe of generators became Small quantity generators and large comments from the regulated unreliable because there was no quantity generators. The 1986 rule split community, this final rule provides notification if the generator went out of the SQG category in two and created additional information and clarity as to business, changed ownership, or conditionally exempt small quantity what constitutes ‘‘generator knowledge’’ changed their regulatory category. This generators (CESQG) (now known in this to determine whether a listed and/or final rule addresses this data gap by final rule as very small quantity characteristic hazardous waste has been requiring SQGs to re-notify every four generators). generated. Providing this information to years. Second, also as a result of HSWA and the regulated community enables the With this final rule, the Agency also the Land Disposal Restriction (LDRs) generators to more readily comply with has responded to requests that regulations,2 hazardous waste the requirements. additional flexibility be provided in the generators were required to ensure that Similarly, this final rule clarifies that implementation of the program. For their hazardous waste either met a a generator can only be in one category example, VSQGs will now be able to specified treatment standard or for a calendar month and explains how send their hazardous waste to LQGs performance standard, or, if neither, that to count the hazardous waste it under the control of the same person to the waste was treated to specified generates (i.e., acute hazardous waste, allow consolidation and improved concentrations or performance non-acute hazardous waste, and management of their hazardous waste. standards prior to land disposal. residues from the cleanup of acute Another provision being added in this Third, the Agency modified the hazardous waste generated in a calendar final rule will allow VSQGs and SQGs Uniform Hazardous Waste Manifest month) to determine its regulatory to maintain their existing regulatory regulations and associated manifest category, and therefore, which set of category when they generate additional regulations to comply with. Another amounts of hazardous wastes as a result 2 There are several regulations associated with important clarification explains the of an episodic event, provided they LDRs. The more important Federal Register notices implications of when a generator mixes comply with specific conditions. This associated with these regulations include: 51 FR a solid waste with a hazardous waste, final rule also will allow an LQG to 40636, November 7, 1986; 52 FR 25787, July 8, 1987; 53 FR 31211, August 17, 1988; 54 FR 26647, and the regulations a generator must be apply for a site-specific approval from June 23, 1989; 55 FR 22520, June 1, 1990; 57 FR aware of if it decides to mix wastes. the authority having jurisdiction (AHJ) 37194, August 18, 1992.
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document used to track hazardous waste Unlike LQGs, who must submit a with the Agency that the new from a generator’s site to its ultimate biennial report every two years framework is easier to understand, disposition (70 FR 10776, March 4, describing the types and quantities of simpler, and will facilitate improved 2005; 70 FR 35034, June 16, 2005). The hazardous waste generated and its compliance by the regulated revisions to the manifest standardized subsequent disposition, SQGs have not community. EPA also received some the content and appearance of the been required to provide such comments opposing the reorganization manifest form, made the forms available information to the Agency. from commenters who were concerned from a greater number of sources, and Consequently, EPA lacks the level of that the changes would result in adopted new procedures for tracking detail for SQGs that is available for confusion for those who already certain types of hazardous waste LQGs. However, based on a review of understand the regulations and from shipments with the manifest. Otherwise, biennial report data provided by commenters concerned about the cost of the changes that have occurred to the treatment, storage, and disposal any necessary changes. After hazardous waste generator regulatory facilities 6 (which must report waste considering the comments, EPA has program have been relatively minor. received from all hazardous waste determined that reorganizing the generators) and site identification data regulations will result in a better, more B. Hazardous Waste Generator (from SQGs obtaining an EPA ID straightforward set of regulations that is, Demographics number), EPA estimates the number of on balance, easier for most people to In 2013, approximately 25,300 SQGs to range from approximately understand, now and in the future of the generators reported generating 49,900 to 64,300.7 generator program. approximately 35.2 million tons of Because VSQGs are not required to This section serves as an introduction hazardous waste. Of the total number of obtain a RCRA ID, the information and a reference to the new look and feel reporting generators, approximately available to the Agency is limited to of the generator regulations. This 20,800 were LQGs while 4,500 were those states that require their VSQGs to section makes passing mention of many non-LQGs, meaning these entities obtain a RCRA ID. Therefore, in of the provisions and revisions that we submitted a biennial report but did not estimating the size of the VSQG cover in much more detail later in the report generating sufficient amounts of universe, the Agency developed a preamble. EPA has organized this hazardous waste to be categorized as an methodology that extrapolated the size preamble to correspond with the new LQG.3 of the VSQG universes based on the data organization of the regulations, In 2013, LQGs generated available in those states that require discussing each provision being approximately 35.2 million tons of VSQGs to obtain a RCRA ID. We first changed in its new relative place within hazardous waste in the aggregate. The calculated the ratio of VSQGs to SQGs the structure of the generator 50 largest hazardous waste generators and VSQGs to LQGs in those states regulations. In addition, after the reported generating 29.2 million tons, or where information was available on the discussion in this section of where each 83 percent of the total reported amount. VSQG universe. Wethen used those provision will be found in the reorganized regulations, all following While in total LQGs managed on ratios to estimate the size of a state’s citations to regulatory text in this final average 13 waste streams (the mean), VSQG universe where VSQG rule will use the new citations found in approximately 11,000 LQGs (or information was unavailable. Using this the promulgated regulatory text. If approximately 53 percent) managed 6 methodology, EPA currently estimates applicable, we are including a note at waste streams (the median) or less. the size of the VSQG universe to range 8 the end of each section to direct the Approximately 9600 LQGs (or from 353,400 to 591,800. reader to where the same provision was approximately 46 percent) generated VI. Reorganization of the Hazardous found before the reorganization. between 1 and 5 waste streams. These Waste Generator Regulations and EPA recognizes that the generators included sites from the waste Organization of the Preamble reorganization of these regulations may treatment industry as well as academic EPA is finalizing its proposal to be a big adjustment for all those who and industrial laboratories. Overall, the reorganize the hazardous waste use them, but has determined that the Agency estimates that LQGs generate generator regulations to make the new structure makes better sense for a between 6 and 13 hazardous waste regulations more user-friendly, which generator navigating through the system streams each year, which represents the EPA expects will improve generator for the first time. Although many median and mean number of wastes existing generators are familiar with the 4 compliance. The most frequent streams per LQG. stakeholder comment EPA received as current regulations, every year many Of the 35.2 million tons of hazardous part of its 2004 Program Evaluation of generators either enter the hazardous waste generated by LQGs in 2013, 33.4 the hazardous waste generator program waste generator program or switch their million tons, or 95 percent, were was to improve the user-friendliness of generator category and therefore need to generated in just five industrial sectors: the regulations. EPA proposed a become familiar with their obligations. Chemical manufacturing (NAICS 325); reorganization on September 25, 2015 Similarly, an existing generator may petroleum and coal products (80 FR 57918), and took comment on all need to examine a particular regulatory manufacturing (NAICS 324); waste aspects of that reorganization. The citation to ensure it is complying with management and remediation services majority of the commenters supported the regulations correctly. The Agency (NAICS 562); primary metal EPA’s proposal to reorganize the believes that providing these generators manufacturing (NAICS 331); and mining regulations, stating that they agreed with a user-friendly regulatory (NAICS 212).5 framework is an effective way to make 6 See the Waste Received (WR) form as part of the regulations easier to understand for 3 See ‘‘Regulatory Impact Assessment of the Biennial Report (EPA Form 8700–13A/B). those who need to comply with them. Potential Costs, Benefits, and Other Impacts of the 7 See ‘‘Regulatory Impact Assessment of the EPA intends to work closely with the Final Hazardous Waste Generator Improvements Potential Costs, Benefits, and Other Impacts of the states and other implementing agencies Rule.’’ A copy of the analysis is available in the Final Hazardous Waste Generator Improvements docket for this action. Rule.’’ A copy of the analysis is available in the as well as the regulated community, 4 Ibid. docket for this action. particularly during the initial 5 Ibid. 8 Ibid. implementation period. EPA’s efforts
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will be to ensure all stakeholders are not user-friendly. Many commenters determine its generator category in order trained on the new organization and are agreed that locating those requirements to identify which regulations are given an opportunity to revise forms, in part 262 to consolidate all the applicable to it. Because § 261.5(c) and guidance, and other materials as generator regulations in the same part (d) are applicable to all hazardous waste necessary. EPA will also be revising its was a useful revision that will alleviate generators, it makes sense to move them own materials to reflect the new much confusion in the regulated into 40 CFR part 262, with the other citations in the regulations. community and, in the process, will hazardous waste generator regulations. EPA is finalizing the following foster greater compliance with the To further aid in making the regulations general organizational changes: regulations. more user friendly, the Agency has (1) Integrating the generator Specifically, EPA is moving the promulgated a new section for generator regulations in § 261.5 into the generator definition of a VSQG that generates non- category determination at § 262.13, regulations at part 262 by moving acute hazardous waste at § 261.5(a) into titled ‘‘Generator category § 261.5 (which contains the regulations the VSQG definition at § 260.10, moving determination.’’ This new section is § 261.5(c) through (e) about counting applicable to VSQGs, counting of thus located because, after a generator of hazardous waste and § 261.5(h) though hazardous waste, and mixing of a solid waste determines it has hazardous wastes with non-hazardous (j) about VSQGs mixing waste to a new generated a hazardous waste (§ 262.11), wastes); section at § 262.13 titled ‘‘Generator (2) Separating the existing regulations category determination’’ and moving the generator must then determine its at § 262.34 for SQGs, LQGs and SAAs § 261.5(b) and (f) and (g) to a new hazardous waste generator category for into three new sections: section at § 262.14 titled ‘‘Conditions for the calendar month. (a) Conditions for exemption for exemption for a very small quantity In addition, § 261.5(h) through (j), satellite accumulation areas (SAA) for generator.’’ 9 regarding the rules that apply for the small and large quantity generators, mixing of hazardous waste with solid 1. Hazardous Waste Generation (b) Conditions for exemption for an waste, including mixtures with used oil Quantity Limits for VSQGs (40 CFR SQG that accumulates hazardous waste; by VSQGs, have been relocated to 260.10) and § 262.13, making them independent (c) Conditions for exemption for an Section 261.5(a) was previously used requirements rather than conditions for LQG that accumulates hazardous waste; to set forth the non-acute hazardous exemption. This move is logical in the (3) Using subtitles in these new waste quantity limits for a VSQG and context of the reorganization because sections; and § 261.5(e) to provide quantity limits for the outcome of any determination a (4) Where reasonable, incorporating generating acute hazardous waste and VSQG makes about the consequences of the text of relevant part 265 regulations any residue or contaminated soil, waste, mixing waste ultimately affect its into these new sections, rather than or other debris resulting from the generator category first. In addition, merely cross referencing them, as was cleanup of a spill of acute hazardous § 262.13 also contains a new citation to the former approach. waste. Under the reorganized the mixing rule in § 261.3 and makes it regulations, EPA now defines each A. Moving and Integrating Regulations clear that the mixing rule applies to category of generator at § 260.10, and, From 40 CFR 261.5 Into 40 CFR Part 262 SQGs and LQGs. These revisions to the thus, § 261.5(a) and (e) are incorporated generator regulations are all discussed Historically, certain hazardous waste into those definitions. generator regulations have been located in more depth later in this preamble. in a different part of the regulations (40 2. Determining Generator Category (40 Table 1—Crosswalk of Previous CFR 261.5) from the rest of the generator CFR 262.13) Citations to New Citations for regulations (40 CFR part 262). Many of Section 261.5(c) and (d) previously set Definitions and General Standards the commenters on the proposal forth the provisions for a hazardous provides a summary of the crosswalk confirmed what EPA had heard from waste generator to use in making its between the previous and new stakeholders who stated that the generator category determination. Every regulatory citations for determining a location of § 261.5 was confusing and hazardous waste generator must because generator’s category.
TABLE 1—CROSSWALK OF PREVIOUS CITATIONS TO NEW CITATIONS FOR DEFINITIONS AND GENERAL STANDARDS
Regulation Previous citation New citation Comment
Definitions of Generator Cat- §§ 260.10, 261.5 and 262.34...... § 260.10 ...... Previous definition of SQG in egories. § 260.10 was outdated. Gener- ator categories were based on §§ 261.5 and 262.34. Hazardous Waste Limits for § 261.5(a) and (e) ...... § 260.10 ...... Included in the new definition of VSQGs. VSQG. Purpose, Scope, and Applicability § 262.10 ...... § 262.10 ...... Not moved, but expanded signifi- cantly. Hazardous Waste Determination §§ 262.11 and 262.40(c) ...... § 262.11 ...... Content in § 262.11 is expanded and Recordkeeping. and § 262.40(c) is incorporated.
9 EPA is renaming CESQGs to VSQGs (very small quantity generators). For a detailed discussion on this change, see section VII.A of this preamble.
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TABLE 1—CROSSWALK OF PREVIOUS CITATIONS TO NEW CITATIONS FOR DEFINITIONS AND GENERAL STANDARDS— Continued
Regulation Previous citation New citation Comment
Generator Category Determination § 261.5(c), (d), and (h)–(j) ...... § 262.13 ...... New section that explains how to count hazardous waste to de- termine generator category. EPA Identification Numbers ...... § 262.12 ...... § 262.18 ...... Re-notification requirements are also in this section. Landfill Ban for Liquids ...... § 258.28 ...... § 262.35 ...... For SQGs and LQGs.
3. VSQG Conditions for Exemption (40 the regulations found in previous In addition, VSQGs who episodically CFR 262.14) § 262.34 set forth conditions for generate higher amounts of hazardous exemption for SQGs and LQGs, EPA is waste may follow the newly Previous sections 261.5(b) and (f) moving § 261.5(b) and (f) and (g) to the promulgated standards for episodic through (j) established the regulations newly created § 262.14 titled, generation in part 262 subpart L in order for VSQGs when accumulating acute ‘‘Conditions for exemption for a very to maintain their VSQG status while and non-acute hazardous waste, small quantity generator.’’ All the managing these higher amounts of identified where the acute and non- conditions for exemption for generators hazardous waste. Table 2—Crosswalk of acute hazardous waste may be managed are now located parallel to one another Previous Citations to New Citations for off site, and explained the implications in part 262. Section 262.14 also includes VSQGs provides a crosswalk between of mixing hazardous waste with solid the VSQG landfill ban for liquids and a the previous and the new VSQG waste or used oil. Since these new VSQG consolidation provision by conditions for exemption. regulations set forth conditions for LQGs under the control of the same exemption for VSQGs, similar to how person.
TABLE 2—CROSSWALK OF PREVIOUS CITATIONS TO NEW CITATIONS FOR VSQGS
Regulation Previous citation New citation Comment
VSQG Definition ...... § 261.5(a) ...... § 260.10 ...... Moved into new definition of VSQG. VSQG Mixtures ...... § 261.5(h)–(j) ...... § 262.13(f) ...... Moved into Generator category determination. Conditions for Exemption for a § 261.5(b), (f), and (g) ...... § 262.14 ...... Included in VSQG conditions for Very Small Quantity Generator. exemption. VSQG Consolidation by LQGs N/A ...... § 262.14(a)(5)(viii) ...... New provision. Within the Same Company. Landfill Ban for Liquids ...... § 258.28 ...... § 262.14(b) ...... Specific citation for VSQGs. Episodic Generation ...... N/A ...... Part 262 subpart L ...... New provision.
B. SQG and LQG Conditions for § 262.17 identifies the conditions for an SAA were located at § 262.34(c), Exemption (40 CFR 262.16 and 262.17) exemption for LQGs. between the hazardous waste accumulation conditions for LQGs and 1. Satellite Accumulation Area SQGs and LQGs may accumulate their those for SQGs. This created confusion Conditions for Exemption for SQGs and hazardous waste on site without as to whether the provisions apply to LQGs (40 CFR 262.15) complying with the storage facility LQGs only or to both SQGs and LQGs. permit and operating requirements, Many generators use SAAs at their In this final rule, the Agency is therefore provided they follow all of the sites. These areas allow generators to moving 40 CFR 262.34(c) into its own conditions for exemption established accumulate hazardous waste near the section at § 262.15 titled, ‘‘Satellite originally in § 262.34. Section 262.34 point of generation under the control of accumulation area regulations for small became difficult to navigate because the the operator of the process generating and large quantity generators.’’ SQG and LQG conditions for exemption the waste, which provides for efficiency Additionally, the Agency is copying were intertwined and contained many and greater safety in the handling of the text in §§ 265.171, 265.172 and cross-references to sections in 40 CFR hazardous waste. When the generator 265.173(a) (which previously were part 265. Therefore, the Agency is has accumulated 55 gallons of simply referenced in § 262.34(c)(1)(i)) dividing § 262.34 into three new hazardous waste (or one quart of acute into § 262.15 in order to eliminate cross- sections at §§ 262.15, 262.16 and 262.17. hazardous waste) in the SAA, the referencing and improve the user Section 262.15 lays out the conditions generator must then move the hazardous friendliness of the regulations. Table 3— for exemption for SQGs and LQGs waste to the 90- or 180-day central Crosswalk of Previous Citations to New operating an SAA, § 262.16 identifies accumulation area within three days. Citations for SAAs provides a summary conditions for exemption for SQGs, and Under the old framework, the of the crosswalk between previous and conditions for exemption for operating new regulations for SAAs.
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TABLE 3—CROSSWALK OF PREVIOUS CITATIONS TO NEW CITATIONS FOR SAAS
Regulation Previous citation New citation Comment
Satellite Accumulation Area Provi- § 262.34(c) ...... § 262.15 ...... Moved from § 262.34. sions. Selected Part 265 Subpart I Provi- § 265.171 ...... § 262.15(a)(1) ...... Duplicated from part 265. sions. Selected Part 265 Subpart I Provi- § 265.172 ...... § 262.15(a)(2) ...... Duplicated from part 265. sions. Selected Part 265 Subpart I Provi- § 265.173(a) ...... § 262.15(a)(4) ...... Duplicated from part 265. sions.
2. Conditions for Exemption for an SQG ‘‘Accumulation of hazardous waste in accumulating hazardous waste in a tank Accumulating Hazardous Waste (40 CFR containers.’’ for less than 180 days and accumulating 262.16) b. Incorporating 40 CFR part 265 no more than 6,000 kg on site at any As previously mentioned, the Agency subpart I, § 265.201, and part 265 time. Third, the regulations previously is promulgating a new section 40 CFR subpart C into 40 CFR 262.16. EPA has found at § 262.34(d)(4) stated that an 262.16 titled, ‘‘Conditions for exemption integrated three portions of 40 CFR part SQG must comply with subpart C of for a small quantity generator that 265 into § 262.16: Subpart I, § 265.201 part 265. Therefore, EPA has accumulates hazardous waste.’’ This and subpart C. First, the regulations incorporated the text of subpart C— reorganization moves § 262.34(d) previously found at § 262.34(d)(2) stated Preparedness and Prevention—at through (f) and (m) into § 262.16. an SQG must comply with subpart I of § 262.16(b)(8) and (9). part 265 except for §§ 265.176 and Specifically, the Agency is moving the c. Other part 262 provisions for SQGs. 10 265.178. Therefore, EPA has simply bulk of § 262.34(d) to § 262.16(b), In addition, part 262 subpart L contains incorporated the text of the appropriate § 262.34(e) to § 262.16(c), § 262.34(f) to new standards for SQGs who subpart I regulations at § 262.16(b)(2). § 262.16(d) and § 262.34(m) to episodically generate higher amounts of Second, the regulations previously § 262.16(e). EPA has also added hazardous waste to maintain their subtitles and eliminated several cross- found at § 262.34(d)(3) stated that an SQG must comply with § 265.201 in designation as SQGs during these references to 40 CFR part 265 in order episodic events. Also, § 262.35 is the to make the regulations easier to subpart J when using a tank. Thus, EPA landfill ban for liquids that applies to navigate. has incorporated the text of § 265.201— a. Addition of subtitles. EPA has except for paragraph (a)—into SQGs and LQGs. added subtitles throughout § 262.16 to § 262.16(b)(3). Incorporation of Table 4—Crosswalk of Previous highlight to the reader the topic of each paragraph (a) of § 265.201 is not Citations to New Citations for SQGs section or paragraph. Every subtitle is necessary because it describes what is provides a summary of changes between italicized after the regulatory citation. already stated in § 262.16—the the previous citations in the regulations For example § 262.16(b)(2) addresses conditions for exemption for an SQG and new citations for SQGs.
TABLE 4—CROSSWALK OF PREVIOUS CITATIONS TO NEW CITATIONS FOR SQGS
Regulation Previous citation New citation Comment
Definition of Small Quantity Gener- § 262.34(d) ...... § 260.10 ...... Moved into new definition of SQG. ator. Accumulation Time Limit ...... § 262.34(d) ...... § 262.16(b) ...... Moved. Accumulation Limit ...... § 262.34(d)(1) ...... § 262.16(b)(1) ...... Moved. Accumulation in Containers ...... § 262.34(d)(2) (references part § 262.16(b)(2) ...... Duplicated from part 265. 265 subpart I). Accumulation in Tanks ...... § 262.34(d)(3) (references part § 262.16(b)(3) ...... Duplicated from part 265. 265 subpart J). Accumulation on Drip Pads ...... § 262.16(b)(4) references part 265 No previous regulatory reference subpart W. for SQGs using drip pads. Accumulation in Containment ...... § 262.16(b)(5) references part 265 No previous regulatory reference Buildings. subpart DD. for SQGs using containment buildings. Marking of Tanks and Containers § 262.34(d)(4) (references § 262.16(b)(6) ...... Copied from § 262.34 with some § 262.34(a)(2) and (3)). changes. Preparedness and Prevention ...... § 262.34(d)(4) (references part § 262.16(b)(8) and (9)...... Duplicated from part 265 and 265 subpart C) and. moved from § 262.34. § 262.34(d)(5) ...... Land Disposal Restrictions ...... § 262.34(d)(4) (references part § 262.16(b)(7) ...... There is still a cross reference to 268). part 268. Transporting Over 200 Miles ...... § 262.34(e) ...... § 262.16(c) ...... Moved from § 262.34. Accumulation Time Limit Extension § 262.34(f) ...... § 262.16(d) ...... Moved from § 262.34. Rejected Loads ...... § 262.34(m) ...... § 262.16(e) ...... Moved from § 262.34. Episodic Generation ...... N/A ...... Part 262 subpart L ...... New provision.
10 The portions of § 262.34(d) that state what the are moved to the definition of ‘‘small quantity generation limits are for this category of generator generator’’ in § 262.10.
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3. Conditions for Exemption for an LQG reader the central concept addressed by prevention, and emergency procedure Accumulating Hazardous Waste (40 CFR each section or paragraph. Every subtitle regulations for LQGs and instead 262.17) is italicized after the regulatory citation. incorporated those regulations in part As previously mentioned, the Agency For example § 262.17(a)(1) addresses 262 with the other generator regulations. is promulgating a new section 40 CFR ‘‘Accumulation of hazardous waste in However, due to the length of these 262.17 titled, ‘‘Conditions for exemption containers.’’ subparts, rather than copying the text of for a large quantity generator that b. Incorporating 40 CFR part 265 these subparts to § 262.17, EPA created accumulates hazardous waste.’’ The subpart I into 40 CFR 262.17. EPA is a new subpart M in part 262. EPA Agency is moving § 262.34(a),(b),(g) incorporating the 40 CFR part 265 believes including these provisions in through (i) and (m) into § 262.17. subpart I regulations, which were part 262, along with the rest of the Specifically, the Agency is moving previously referenced at generator regulations, will make the § 262.34(a) to § 262.17(a), moving § 262.34(a)(1)(i), into § 262.17(a)(1). EPA regulations easier to navigate. § 262.34(b) to § 262.17(b), moving also considered incorporating the text of § 262.34(g) to § 262.17(c), moving other subparts of part 265 that contain d. Other part 262 provisions for LQGs. § 262.34(h) to § 262.17(d), moving technical standards for LQGs into the In addition, § 262.17(f) contains the § 262.34(i) to § 262.17(e), and moving new section § 262.17 (i.e., part 265 newly promulgated standards for LQGs § 262.34(m) to § 262.16(g). EPA has also subparts J, W, AA, BB, and CC), but who accept and consolidate hazardous deleted paragraphs (j) through (l), which ultimately decided not to incorporate waste from VSQGs. Also, § 262.35 deal with Performance Track, since the the text of these subparts due to their includes the landfill ban for liquids that program is no longer in operation. EPA length. applies to SQGs and LQGs. has also added subtitles and eliminated c. Emergency planning and Table 5—Crosswalk of Previous some cross-references to part 265 in procedures regulations for LQGs in part Citations to New Citations for LQGs order to make the regulations easier to 265 subpart M. For generator provides a summary of changes between navigate. preparedness and planning regulations, the previous citations and the new a. Addition of subtitles. EPA is adding EPA removed the reference to part 265 citations for LQGs. subtitles to § 262.17 to highlight to the subparts C and D for the preparedness,
TABLE 5—CROSSWALK OF PREVIOUS CITATIONS TO NEW CITATIONS FOR LQGS
Regulation Previous citation New citation Comment
Definition of Large Quantity Gener- N/A ...... § 260.10 ...... New definition. ator. Accumulation Time Limit ...... § 262.34(a) ...... § 262.17(a) ...... Moved from § 262.34. Accumulation in Containers ...... § 262.34(a)(1)(i) references part § 262.17(a)(1) (§ 262.17(a)(1) also There is still a cross-reference to 265 subparts I, AA, BB, and CC. references part 265 subparts part 265 subparts AA, BB, and AA, BB, CC). CC because of the length of these regulations. Accumulation in Tanks ...... § 262.34(a)(1)(ii) references part § 262.17(a)(2) references part 265 There is still a cross- reference to 265 subparts J, AA, BB, and subparts J, AA, BB, CC. part 265 subparts J, AA, BB, CC. CC because of the length of these regulations. Accumulation on Drip Pads ...... § 262.34(a)(1)(iii) § 262.17(a)(3) (§ 262.17(a)(3) also Accumulation time limit and rec- (§ 262.34(a)(1)(iii) also ref- references part 265 subpart W). ordkeeping provisions move to erences part 265 subpart W). § 262.17 and the extensive technical standards remain in part 265. Accumulation in Containment § 262.34(a)(1)(iv) § 262.17(a)(4) (§ 262.17(a)(4) also Accumulation time limit, labeling, Buildings. (§ 262.34(a)(1)(iv) also ref- references part 265 subpart and recordkeeping provisions erences part 265 subpart DD). DD). move to § 262.17 and the ex- tensive technical standards re- main in part 265. Marking and Labeling ...... § 262.34(a)(2) and (3) ...... § 262.17(a)(5) ...... Moved from § 262.34. Preparedness, Prevention, and § 262.34(a)(4) references part 265 § 262.17(a)(6) references part 262 Cross-references remain but to a Emergency Procedures. subparts C and D. subpart M. new subpart of the generator regulations. Personnel Training ...... § 262.34(a)(4) ...... § 262.17(a)(7) ...... Moved from § 262.34. Closure ...... § 262.34(a)(1)(iv)B) references § 262.17(a)(8) ...... Duplicated from §§ 265.11 and §§ 265.11 and 265.114. Section 114 with some revisions. 265.111 references other sec- tions in part 265. Land Disposal Restrictions ...... § 262.34(a)(4) references applica- § 262.17(a)(9) ...... There is still a cross-reference to ble parts of part 268. part 268. Extension of Accumulation Times § 262.34(b) ...... § 262.17(b) ...... Moved from § 262.34. Accumulation of F006 ...... § 262.34(g) through (i) ...... § 262.17(c) through (e) ...... Moved from § 262.34. Accepting waste from VSQGs N/A ...... § 262.17(f) ...... New provision. under the control of the same person to consolidate before sending to TSDF. Rejected Loads ...... § 262.34(m) ...... § 262.17(g) ...... Moved from § 262.34.
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C. EPA Identification Number (40 CFR (VSQG, SQG and LQG) and, in 2. What is EPA finalizing? 262.12) conjunction with those definitions, to EPA is finalizing the generator In the interest in keeping the also define ‘‘acute hazardous waste’’ category definitions as proposed to generator regulations in a logical order and ‘‘non-acute hazardous waste’’ for incorporate all the various categories of for a generator proceeding through the the purposes of use in the definitions hazardous wastes—that is, acute process for the first time, EPA has (80 FR 57925–6). hazardous waste, non-acute hazardous In the proposal, EPA noted that the relocated the previous § 262.12—EPA waste, and residues for the cleanup of term ‘‘small quantity generator’’ is identification number—to § 262.18. a spill of acute hazardous wastes. Users codified in the regulations, but is Section 262.12 has been reserved to of the generator regulations will benefit outdated, whereas ‘‘conditionally prevent confusion by anyone referring from the inclusion of the definitions of exempt small quantity generator’’ and to old guidance documents. EPA terms that are commonly used ‘‘large quantity generator’’ have been believes this move will improve the throughout the program. As a part of used within the RCRA hazardous waste flow of the hazardous waste generator these revisions, EPA is also finalizing community for several decades, but regulations as it places the section the definitions for ‘‘acute hazardous their exact definitions have not been addressing EPA identification number waste’’ and ‘‘non-acute hazardous codified. The regulations differentiate after § 262.13, which addresses how a waste’’ and the replacement of among the categories by stating the generator determines its generator ‘‘conditionally exempt small quantity quantity of hazardous waste generated category. This sequence is appropriate generator’’ with ‘‘very small quantity in a calendar month in each instance, because a hazardous waste generator generator.’’ leading to cumbersome phrasing must first determine its generator The generator category definitions are throughout the text. category in order to determine which based solely on the amount of regulations—including the requirement As a part of the codification of these definitions, EPA also proposed hazardous waste generated. While EPA to obtain an EPA ID number—it must acknowledges that accumulation limits comply with. (For example, SQGs and replacing ‘‘conditionally exempt small quantity generator,’’ the term for the may trigger different generator LQGs must obtain an EPA identification regulations, those accumulation limits number, but a VSQG does not). smallest quantity category of generator, with ‘‘very small quantity generator.’’ 11 do not affect a generator’s generation D. What changed since proposal? EPA proposed this revision to remove category, which is based on how much hazardous waste is generated in a In the final rule, EPA is not making confusion behind the phrase ‘‘conditionally exempt.’’ All three calendar month. Therefore, EPA is any significant changes to the structure adding definitions for each of the of the reorganization in the proposal. categories of generators are conditionally exempt from storage generator categories to § 260.10. The majority of commenters supported A very small quantity generator is a facility permit, interim status, and the changes EPA proposed and stated generator who generates less than or operating requirements, not just the the changes would make the regulations equal to the following amounts in a more clear to the majority of smallest category. In addition, the new calendar month: (1) 100 kilograms (220 stakeholders. term is more descriptive of what the lbs) of non-acute hazardous waste; and One minor change from the proposal definition of the category actually (2) 1 kilogram (2.2 lbs) of acute that EPA is making in this final rule is represents. EPA notes this change is hazardous waste listed in § 261.31 or to relocate the regulations on mixing consistent with some states, such as § 261.33(e); and (3) 100 kilograms (220 solid waste and hazardous waste from Minnesota, that are already using the lbs) of any residue or contaminated soil, each generator category section into VSQG term. All regulations previously water, or other debris resulting from the § 262.13 for the reasons discussed applicable to a CESQG apply to a VSQG. previously. VSQGs are generators that generate cleanup of a spill, into or on any land 100 kilograms or less of non-acute or water, of any acute hazardous waste E. Guidance and Implementation hazardous waste and 1 kilogram or less listed in § 261.31 or § 261.33(e). As part of the implementation of this of acute hazardous waste in a calendar A small quantity generator is a final rule, EPA is planning outreach to month; SQGs are generators that generator who generates the following all stakeholders to discuss the generate greater than 100 kilograms of amounts in a calendar month: (1) reorganization in particular. The non-acute hazardous waste but less than Greater than 100 kilograms (220 lbs) but reorganization of the regulations will 1,000 kilograms of non-acute hazardous less than 1,000 kilograms (2,200 require adjustment by all parties that waste and 1 kilogram or less of acute pounds) of non-acute hazardous waste; rely on EPA’s generator regulations and hazardous waste in a calendar month; and (2) less than or equal to 1 kilogram EPA is committed to easing that and LQGs are generators that generate (2.2 lbs) of acute hazardous wastes adjustment through guidance and 1,000 kilograms or greater of non-acute listed in § 261.31 or § 261.33(e); and (3) training. hazardous waste and/or greater than 1 less than or equal to 100 kilograms (220 lbs) of any residue or contaminated soil, VII. Detailed Discussion of Revisions to kilogram of acute hazardous waste in a calendar month. However, generators water, or other debris resulting from the 40 CFR Part 260—Hazardous Waste cleanup of a spill, into or on any land Management System: General often fail to consider residues from the cleanup of a spill of acute hazardous or water, of any acute hazardous waste A. Generator Category Definitions (40 waste or do not count both the non- listed in § 261.31 or § 261.33(e). A large quantity generator is a CFR 260.10) acute and acute hazardous waste they generator who generates any of the generate in a calendar month. Codifying 1. Introduction following amounts in a calendar month: definitions for these terms clarifies what (1) Greater than or equal to 1,000 As part of the reorganization of the categories of waste must be considered kilograms (2,200 lbs) of non-acute regulations and in an effort to make the in determining generator category. generator regulations more accessible hazardous waste; or (2) greater than 1 and easier to understand, EPA proposed 11 EPA is finalizing this revision and, therefore, kilogram (2.2 lbs) of acute hazardous to codify definitions for the three will use this term to refer to the smallest generator waste listed in § 261.31 or § 261.33(e); or categories of hazardous waste generators category in this preamble discussion. (3) greater than 100 kilograms (220 lbs)
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of any residue or contaminated soil, hazardous waste as proposed with no waste or 100 kilograms of any residue water, or other debris resulting from the changes. from the cleanup of a spill of acute cleanup of a spill, into or on any land EPA is making some changes to hazardous waste must manage the waste or water, of any acute hazardous waste another area of the regulations as a under the conditions for exemption of listed in § 261.31 or § 261.33(e). result of some comments that showed an LQG. In the comments addressing these that there is confusion about how the EPA based the language in the final revisions, several commenters suggested accumulation limits for VSQGs operate. rule on accumulation limits for VSQGs that the use of the word ‘‘and’’ between EPA received multiple comments on the previous regulations in the types of waste being considered in stating that the accumulation limits for § 261.5(f)(2) and (g)(2), which state the the definitions of VSQG and SQG would VSQGs of 1,000 kg of hazardous waste, same principle. However, in order to mean that a generator must generate all 1 kg of acute waste or 100 kg of residues make it more clear how these provisions three types of waste to qualify for the from cleanup of a spill of acute operate, EPA has included the exact generator category. EPA disagrees, hazardous waste (in § 262.14) and for provisions that would apply to the noting that zero kilograms of acute SQGs of 6,000 kg of hazardous waste (in excess waste to clarify this provision in hazardous waste would qualify as ‘‘less § 262.16) should be part of the § 262.14(a)(3) and (4). In addition, EPA than or equal to 1 kilogram’’ and zero definitions of the generator categories in is clarifying here that when the amount kilograms of residue from a spill would § 260.10 and a factor in making a of waste that is accumulated exceeds the qualify as ‘‘less than or equal to 100 generator category determination. accumulation limit, all the accumulated kilograms.’’ If these ‘‘and’’s were EPA maintains that although these waste at the VSQG must be managed changed to ‘‘or’’s, as many of the limits are related to the generator under the requirements for an LQG, as commenters suggested, then a generator definitions, particularly for SQGs, the EPA stated in the preamble to the 1980 could, for instance, qualify as a VSQG accumulation limits are not part of the generator final rule at 45 FR 76621 just by having less than 1 kilogram of definition of a generator’s category, but (November 19): ‘‘The revised regulation acute hazardous waste regardless of how instead have operated as a separate also clarifies that once the accumulated much non-acute hazardous waste or provision. For SQGs, the accumulation amounts exceed 1000 kilograms, all of residues it had generated. limit has always been a condition for those wastes and those subsequently EPA is also finalizing the proposal to the exemption from permitting and added to that accumulation are fully replace ‘‘conditionally exempt small certain other hazardous waste regulated until all the waste is sent to quantity generator’’ with ‘‘very small regulations, meaning that if the limit is a hazardous waste treatment, storage or quantity generator’’ and is replacing all violated, the generator is no longer disposal facility. This rule means that references in the regulations with this exempt from these regulations. The those wastes remain subject to full term. EPA will also be updating its generator category is, as is stated in the regulation even if the quantity of wastes materials and guidance to take into statute, based on the amount of waste accumulated or stored becomes less consideration the new term. generated ‘‘during a calendar month.’’ 12 than 1000 kilograms.’’ In addition, EPA is adding definitions An SQG is limited to generating less 4. Major Comments to § 260.10 for the terms ‘‘acute than 1,000 kg of hazardous waste per hazardous waste’’ and ‘‘non-acute month and to shipping that waste off EPA received support from a variety hazardous waste.’’ These terms are site within 180 days of generation. of stakeholders on its proposal to necessary because they are used in the Therefore, an SQG cannot accumulate promulgate definitions for the generator definitions of the generator categories more than 6,000 kg of hazardous waste categories in the final rule. Many discussed above and because they have without either generating more than stakeholders agreed with EPA’s specific meanings within the hazardous 1,000 kg in one of the past six months assessment that officially defining the waste generator program. The term (which would make it an LQG) or commonly-used terms for these acute hazardous waste is used for accumulating its waste beyond the 180- generators in the regulations would be hazardous wastes that are particularly day limit. In this situation, the SQG can a helpful addition. Some commenters offered additional dangerous to human health and is choose to become an LQG and manage suggestions, such as revising the SQG defined as those hazardous wastes that the hazardous waste as an LQG. threshold to be greater than 100 kg and meet the listing criteria in § 261.11(a)(2) Alternatively, the SQG will lose its less than or equal to 1,000 kg to be and are therefore listed in § 261.31 and exemption from regulation as a storage easier to remember, to use ‘‘less than’’ assigned the hazard code of (H) or are facility and be subject to the (<) and ‘‘greater than’’ (>) signs in the listed in § 261.33(e), also known as the requirements in parts 264–268, part 270, regulations, to change the primary unit RCRA P-list. In this rulemaking, any and the notification requirements at of measurement in the regulations to distinctions between acute and non- section 3010 of RCRA. pounds from kilograms and to rely on acute hazardous wastes are made only If a VSQG exceeds the accumulation monthly averages for waste generation in the context of determining generator limit, the exemption can be maintained rather than actual monthly amounts. category. Otherwise, throughout the if the waste is managed under the more EPA is not making changes to the regulations, preamble, and guidance, the extensive conditions for exemption of a regulations in response to these term ‘‘hazardous waste’’ refers to both larger generator category, but the VSQG comments. Although EPA understands acute and non-acute hazardous waste. does not itself have to become an SQG that the quantity limits in the or LQG. To maintain the exemption, 3. What changed since proposal? regulations for SQGs are not exactly VSQGs that accumulate more than 1,000 parallel to the other generator EPA is finalizing the definitions for kg of non-acute hazardous waste must categories, EPA sees little or no benefit the generator categories as proposed manage the waste under the conditions in making a change that shifts the with no changes. EPA is finalizing the for exemption for SQGs, and VSQGs generator category by a single kilogram replacement of ‘‘conditionally exempt that accumulate more than 1 kg of acute small quantity generator’’ with ‘‘very of hazardous waste or a revision of the small quantity generator’’ with no 12 The Solid Waste Disposal Act as Amended by units of measurement in the regulations. changes. EPA is finalizing the the Hazardous and Solid Waste Amendments of Both these revisions would require definitions of acute and non-acute 1984, Section 3001(d). administrative changes throughout the
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hazardous waste generator system. In materials, as necessary, to account for waste, and/or residues from the cleanup addition, EPA believes that the meaning the new term and will work with states of spills of acute hazardous waste in a of ‘‘greater than’’ and ‘‘less than’’ is to phase in the changed terminology calendar month as discussed earlier in clear without the use of the arithmetic over time. this section of the preamble. symbols. Effect of the Reorganization: This In conjunction with these changes, Finally, EPA does not agree with the section is not affected by the EPA is finalizing a new section § 262.13 commenters who stated that it would be reorganization. explaining how a generator determines appropriate to allow a generator to B. Generators That Generate Both Acute its applicable generator category. This average hazardous waste generation topic is fully discussed in section IX.C over several months and use the average and Non-Acute Hazardous Waste in the Same Calendar Month (40 CFR 260.10) of this preamble. to determine its generator category. EPA’s decision to finalize this Beyond the practical implementation 1. Introduction approach is based partially on concerns with this approach, and As stated previously in the discussion developing a practical solution to despite the commenters’ argument that of the definitions of the categories, situations where a generator generates, this approach would be consistent with when a generator is determining its for example, acute and non-acute the statute’s intent, EPA has long generator category, it must consider hazardous waste in the same month. interpreted the RCRA statement that a three relevant types of hazardous waste: This approach is analogous to situations generator’s category be based on the Hazardous waste (or ‘‘non-acute in which a generator that generates only amount of waste generated ‘‘during a hazardous waste,’’ for purposes of this non-acute hazardous wastes counts its calendar month’’ at face value: The discussion), acute hazardous waste, and various hazardous wastes. In those generator must know the quantity of residues from the cleanup of a spill of situations, a generator must consider the hazardous waste it generates per month, acute hazardous waste. Historically, the total amount of all its different kinds of not as an average of some sort, and be RCRA hazardous waste regulations have non-acute hazardous waste, not the regulated accordingly.13 EPA rejected not addressed situations involving amount of each type of hazardous waste similar approaches in the March 24, combinations of wastes and Agency (e.g., type of waste identified by 1986, final rule that established the statements about this issue have been individual EPA hazardous waste current small quantity generator inconsistent. This situation led EPA to number) separately. Therefore, a regulations and is not changing that propose regulations to clarify a generator must similarly follow the interpretation as a part of this same logic in considering the 14 generator’s category for a calendar rulemaking. combination of acute hazardous wastes, EPA does agree with the comment month during which it generates any combination of non-acute hazardous non-acute hazardous wastes, and that any acute hazardous waste cleaned residues from the cleanup of a spill of up in debris is counted as part of the waste, acute hazardous waste, and residues from the cleanup of a spill of acute hazardous waste generated in a ‘‘residue or contaminated soil, water, or calendar month when determining other debris resulting from the cleanup acute hazardous waste. EPA discussed its history of which category a generator belongs to. of a spill . . . of any acute hazardous We note that many EPA Regions and waste’’ and is not counted separately as statements on this topic in the proposed rule at 80 FR 57927, noting examples of states have taken this same approach in acute hazardous waste. implementing the RCRA hazardous Regarding ‘‘conditionally exempt contradictory EPA statements that a waste program and many of the state small quantity generators,’’ EPA generator can have just one category per agencies that commented on the received comments on the proposal calendar month and EPA statements proposed rule stated they were in arguing that the users of the term that a generator can manage acute support of these changes to the ‘‘conditionally exempt small quantity hazardous waste as one category of regulations for the reasons EPA generator’’ are familiar with its meaning generator and non-acute hazardous described in the preamble to the and do not need a revision and that waste as a different category of generator proposed rule, particularly because of states will need to update materials and in the same calendar month. the inconsistencies in the guidance. forms with the new term, VSQG. EPA EPA proposed a more practical In practice, five waste generation has determined that although the users approach that a generator can be in only scenarios exist with different of the regulation are familiar with this one generator category in a calendar combinations of acute hazardous waste, term as it is used currently, there is real month and noted that many EPA non-acute hazardous waste, and value in revising it so that those who Regions and states have taken this same residues from the cleanup of spills of will be introduced to the RCRA approach in implementing the RCRA acute hazardous waste generated in a generator program in the future can hazardous waste program. 2. What is EPA finalizing? calendar month. These scenarios are make more sense of the terms. As stated EPA is finalizing definitions of the summarized in Table 6—Generator previously, EPA will be revising its own generator categories that expressly state Categories Based on Quantity of Waste which generator category would apply Generated.15 13 The Solid Waste Disposal Act as Amended by the Hazardous and Solid Waste Amendments of to hazardous waste generators that 1984, Section 3001(d). generate a combination of non-acute 15 This table is being finalized in the regulations 14 51 FR 10154, March 24, 1986. hazardous waste, acute hazardous as Table 1 to § 262.13.
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TABLE 6—GENERATOR CATEGORIES BASED ON QUANTITY OF WASTE GENERATED
Quantity of residues from the cleanup of Quantity of acute Quantity of non-acute spilled acute hazardous waste hazardous waste hazardous waste Generator generated in a generated in a generated in a category calendar month calendar month calendar month
> 1 kg ...... Any amount ...... Any amount ...... LQG. Any amount ...... ≥ 1,000 kg ...... Any amount ...... LQG. Any amount ...... Any amount ...... > 100 kg ...... LQG. ≤ 1 kg ...... > 100 kg and < 1,000 kg ...... ≤ 100 kg ...... SQG. ≤ 1 kg ...... ≤ 100 kg ...... ≤ 100 kg ...... VSQG. Note: When calculating generator categories, the quantities of acute hazardous waste and non-acute hazardous waste are considered separately.
In three of the five possible scenarios, Finally, in the fifth scenario, if a following the independent requirements the generator is an LQG; in one scenario, generator generates 1 kilogram or less of and conditions for exemption for LQGs the generator is an SQG; and in one acute hazardous waste and 100 for all waste areas. Again, many states scenario, the generator is a VSQG. kilograms or less of non-acute and EPA Regions commented that they As the table indicates, in the first hazardous waste and 100 kilograms or are already interpreting the regulations three scenarios, the generator is an LQG less of residue from the cleanup of a in this way so EPA does not anticipate if it generates any of the following in a spill of acute hazardous waste, then the that these changes will have a major calendar month: More than 1 kilogram generator is a VSQG for that calendar effect in program implementation. In of acute hazardous waste, 1,000 month. The regulatory text expresses fact, these revisions are making the kilograms or more of non-acute this scenario by using the word ‘‘and’’ regulations consistent with how most hazardous waste, or more than 100 between (1), (2), and (3) in the programs are operating currently. kilograms of residues from the cleanup definition. Effect of the Reorganization: This of a spill of acute hazardous waste. This As a VSQG, the generator must section is not affected by the is true regardless of the amount of waste comply with the independent reorganization. generated in the other categories. This requirements for VSQGs (specified in C. Definition of Central Accumulation fact is made clear in the final regulatory § 262.10) and the conditions for Area (40 CFR 260.10) definition of ‘‘LQG’’ by stating that a exemption for VSQGs (specified in generator is an LQG if it generates ‘‘any’’ § 262.14). 1. Introduction of the types of hazardous waste in the 3. What changed since proposal? In the proposal at 80 FR 57927, the amounts listed and by using of the word Agency discussed defining the term ‘‘or’’ between (1), (2), and (3). EPA is finalizing the definitions for the generator categories as proposed and ‘‘central accumulation area’’ (CAA) in As an LQG, the generator must § 260.10. LQGs may accumulate comply with the independent has not made revisions to how it expects generators to determine their generator hazardous waste on site without a requirements for LQGs (specified in permit or complying with the interim § 262.10) and the conditions for category when they generate acute and non-acute hazardous waste. status standards for up to 90 days, exemption for LQGs (specified in provided they comply with the § 262.17), as well as any applicable 4. Major Comments conditions of § 262.17 and SQGs may do conditions for exemption for SAAs at Some commenters who opposed the same for up to 180 days, provided § 262.15. they comply with the conditions of In the fourth scenario, the generator is EPA’s proposal that a generator should manage all its waste under the same § 262.16.17 Over the years, stakeholders an SQG if, in a calendar month, it have used different terms to refer to generates greater than 100 kilograms generator category argued this would be a change to how they are currently these on-site generator accumulation and less than 1,000 kilograms of non- areas, including ‘‘generator acute hazardous waste and also 1 operating and that it is burdensome to operate a whole generator site as an accumulation areas,’’ ‘‘less-than-90-day kilogram or less of acute hazardous areas,’’ and ‘‘less-than-180-day areas.’’ waste and 100 kilograms or less of LQG because of the existence of LQG levels of acute hazardous waste. In December 2008, EPA promulgated a residues from the cleanup of a spill of definition of ‘‘central accumulation acute hazardous waste.16 The final EPA recognizes commenters’ concerns about disruption to, and burdens on, area’’ in subpart K of part 262 to refer regulatory text expresses this scenario to these types of areas.18 EPA codified by using the word ‘‘and’’ between (1), current operations. However, EPA has determined that if the definitions of the the term ‘‘central accumulation area’’ for (2), and (3) in the definition of SQG. the sake of convenience to distinguish As an SQG, the generator must generator categories are going to depend on the amounts of hazardous waste these types of accumulation areas from comply with the independent satellite accumulation areas and requirements for SQGs (specified in generated, it does not, in the end, make practical sense to have a generator that laboratories, which are both subject to § 262.10) and the conditions for the different regulations than central exemption for SQGs (specified in is operating in more than one category. EPA notes that some comments stated accumulation areas are in that rule. At § 262.16), as well as any applicable the time, EPA promulgated the term in conditions for exemption for SAAs at that there will be a difference for those § 262.15. generators that have been managing acute hazardous waste in a separate area 17 SQGs can also accumulate hazardous waste for up to 270 days if they ship the hazardous waste 16 Amount of hazardous waste accumulated on and only having a RCRA contingency greater than 200 miles. site at any given time can also impact what plan for that area, but believes that those 18 ‘‘Academic Labs Rule’’; 73 FR 72912, December regulations the SQG must comply with. generators are LQGs and should be 1, 2008.
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§ 262.200 and indicated the definition CAA can be in any location at the completing a biennial report when they only applied to part 262 subpart K. generator site as long as it meets the should have been doing so. Recycling Since then, the term has become more conditions for the accumulation of facilities and partial reclamation widely used and therefore EPA hazardous waste. facilities receiving manifested proposed to define the term ‘‘central As a result of making this change for hazardous waste by a hazardous waste accumulation area’’ in § 260.10 to allow all of part 262, we are also removing the transporter are similar to permitted its use when referring to all generator definition of ‘‘central accumulation TSDFs that also must complete a accumulation areas, including those that area’’ from part 262 subpart K. biennial report. Without biennial report are not operating under part 262 subpart information, the Agency and states may 3. What changed since proposal? K. have an incomplete picture of which EPA is finalizing the definition for facilities recycle hazardous waste and 2. What is EPA finalizing? ‘‘central accumulation area’’ as the quantities of regulated hazardous EPA is finalizing the definition of proposed. wastes that are recycled, impeding EPA ‘‘central accumulation area’’ to mean and the states’ ability to provide 4. Major Comments any on-site hazardous waste adequate oversight for those facilities. accumulation area with hazardous EPA received comments on the The Agency believes that only a few waste accumulating in units subject to proposed revisions that expressed recycling facilities will be affected by either § 262.16 (for small quantity concern that the word ‘‘central’’ might this change. Additionally, considering generators) or § 262.17 (for large be misconstrued to mean a generator that most facilities already have quantity generators).19 The definition might be limited to maintaining just one sophisticated information systems to also states that a CAA at an eligible CAA or that the CAA might have to be manage and track incoming shipments academic entity that chooses to be in the center of the generator’s property. of hazardous waste, we believe the subject to part 262 subpart K must also Commenters suggested other terms, burden imposed on such facilities comply with § 262.211 when such as ‘‘generator accumulation area’’ should be minimal if they are affected accumulating unwanted material and/or or ‘‘hazardous waste accumulation by this change. hazardous waste. area.’’ Although these terms would B. What is EPA finalizing? EPA emphasizes again that we are likely work equally well in many defining the term ‘‘central accumulation respects, ‘‘central accumulation area’’ is The Agency is finalizing the proposal area’’ only as a matter of convenience. already commonly understood by many at § 261.6(c)(2). Owners or operators of It is helpful for both the regulated stakeholders. It has been in use for facilities that receive and partially community and the implementers to use many years and has been in the reclaim hazardous wastes into a a common term when referring to regulations since the promulgation of commodity like material, or recycle locations where generators accumulate the Academic Labs Rule. EPA has regulated hazardous waste (i.e., hazardous waste other than satellite addressed the commenters concerns hazardous secondary materials not accumulation areas. Furthermore, the about the word ‘‘central’’ in the excluded from the definition of solid term is helpful for EPA to use when previous discussion and does not see a waste, or hazardous waste not exempt writing regulations, preamble, and compelling reason to promulgate a term other recycling regulations) without guidance. The addition of the term does different than the one proposed. storing it prior to recycling must comply not establish any new regulatory Effect of the Reorganization: This with the biennial reporting standards or burden on generators. section is affected by the reorganization. requirements at 40 CFR 265.75. EPA also wants to emphasize that The definition of ‘‘central accumulation However, based on a few comments, the generators may continue to have more area’’ references other regulatory Agency wishes to make clear that this than one CAA on site, as long as all citations that are part of the provision is only applicable to owners CAAs meet the conditions for reorganization. The reorganization is and operators of facilities that receive accumulation of hazardous waste. We discussed in section VI of this preamble. regulated hazardous waste from off site are making this clear in the definition and/or do not store incoming hazardous by stating that a ‘‘central accumulation VIII. Detailed Discussion of Revisions waste prior to recycling. LQGs that area’’ means any on-site hazardous to 40 CFR Part 261—Requiring Biennial generate and recycle their own regulated waste accumulation area with Reporting for Owners or Operators of hazardous wastes continue to be hazardous waste accumulating in units Facilities That Recycle Hazardous regulated under § 261.6(b). subject to either § 262.16 or § 262.17. Waste Without Storing It (40 CFR In an effort to ensure the universe of Further, the use of the word ‘‘central’’ 261.6(c)(2)) facilities affected by this new provision does not denote a physical location or A. Introduction is aware of their obligation to complete indicate that the generator must and submit a biennial report, the As part of this rulemaking, EPA establish the CAA in a location that is Agency will highlight these changes in proposed to modify 40 CFR 261.6(c)(2) centrally located within the site. The the Biennial Report Instructions and and require owners or operators of term ‘‘central’’ is used in the sense that Forms and describe what facilities must facilities that recycle hazardous waste many generators consolidate or do to complete and submit a report. without storing the wastes, or facilities centralize their hazardous waste from Similarly, the Agency, as part of its that receive and partially reclaim multiple satellite accumulation areas at outreach efforts for this new rule, will hazardous wastes prior to producing a a CAA prior to shipment off site. The educate facilities about this new commodity-like material as described at reporting requirement where 19 This definition includes citations to the newly § 260.31, to comply with the biennial appropriate. promulgated sections of part 262 that are as part of reporting requirements at 40 CFR the reorganization of the generator regulations. The 265.75. This modification was primarily C. Major Comments predecessors to the small quantity generator a clarification of the existing rules Most commenters supported this regulations are at § 262.34(d) through (f) and the provision but a few commenters predecessors to large quantity generator regulations because the Agency was concerned, are at § 262.34(a). For a full discussion of the based on an analysis of biennial reports, questioned the utility of this provision. reorganization, see section VI of the preamble. that not all of these type facilities were As stated previously, the Agency is
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aware of situations through the years each of the different categories of Because some commenters expressed where a partial reclamation facility or a generators. EPA is making additional continuing confusion over the recycling facility that does not store changes to otherwise clarify the distinction, a more extended discussion prior to recycling (and hence may not framework of the hazardous waste here will help to address and further have a need for a RCRA storage permit) generator program, including the clarify the meanings of the terms. failed to complete and submit a required addition of § 262.1 and the revisions to The difference between independent Biennial Report because they were § 262.10. EPA is also adding an explicit requirements and conditions for receiving regulated hazardous waste. prohibition on sending hazardous waste exemption lies in the nature of each Without this information, the Agency to a facility that is not authorized to type of provision and in the and states have an incomplete accept it and is removing outdated and consequences that may result if each is understanding of hazardous waste unnecessary provisions. not met. An ‘‘independent requirement’’ recycling activities occurring nationally. Note that the changes to the in part 262 is the common type of This provision is meant to make such regulatory text for § 262.10 in this action regulatory requirement one usually facilities aware of their biennial take into account the revisions being thinks of, equivalent to a law that can reporting obligations. In addition, such made as a part of the ‘‘Hazardous Waste be broken: It is the statement of a duty recycling facilities cannot accept Export-Import Revisions’’ Final Rule that must be met, or else a violation of regulated hazardous waste from (Docket ID EPA–HQ–RCRA–2015–0147; RCRA or the regulations has occurred generating facilities without the FRL–9947–74–OLEM), including that is subject to a penalty. In other recycling facilities having a RCRA replacing the reference to § 262.12 in words, in the context of 40 CFR part identification number. paragraph (d) with a reference to 262, an ‘‘independent requirement’’ is § 262.18 and referring to subpart H of an unconditional requirement or IX. Detailed Discussion of Revisions to part 262 for provisions on imports and 40 CFR part 262—Standards demand that is imposed upon the exports of hazardous waste instead of to generator and with which the generator Applicable to Generators of Hazardous subparts E and F, which are being Waste must comply. Because the sole purpose removed and reserved. of the independent requirement is to A. Addition of Terms Used in this Part 1. Regulatory Framework for achieve or prohibit the stated behavior, and Changes to Purpose, Scope, and Independent Requirements and event, or standard, the only potential Applicability (40 CFR 262.1 and 262.10) Conditional Exemptions for Generators legal consequence to the generator from As previously discussed, one of the (Sections 262.1, 262.10(a), and failing to meet an independent objectives of this rulemaking is to revise 262.10(g)) requirement, is some form of the hazardous waste generator a. Introduction. In developing the enforcement action for violating that regulations to make them more user- proposed rule, EPA determined that the particular requirement (e.g., a notice of friendly and easily understood by both RCRA regulations could be clarified violation, civil or criminal penalties, or the regulated community and federal regarding the distinction between the injunctive relief under section 3008 of and state regulators. The hazardous two types of generator requirements: (1) RCRA). waste generator regulations have long Those requirements that any generator Most important to the distinction been located primarily in three different generating hazardous waste must meet, between an ‘‘independent requirement’’ parts of the CFR (40 CFR parts 261, 262, which EPA is calling ‘‘independent and a ‘‘condition for exemption’’ in part and 265), making it sometimes difficult requirements,’’ and (2) those conditional 262 is the fact that an independent to determine what components of the requirements that a generator who also requirement does not provide a regulations apply to different categories accumulates waste must meet only if it mechanism for the generator to avoid of hazardous waste generators. wants the benefits of an exemption from having to comply with other The reorganization is addressing some RCRA storage facility permitting (or requirements, such as the storage of these problems by reducing the need interim status) requirements, which facility regulations in parts 264, 265 and to refer to separate parts of the EPA is calling ‘‘conditions for 270. regulations through consolidation of the exemption.’’ In order to make the Also important to note is that the generator regulations into part 262 and regulations clearer regarding this ‘‘independent requirements’’ of part 262 by organizing the regulations based on distinction, EPA proposed to include are not legally tied to the accumulation a generator’s category so generators can definitions for these types of provisions of hazardous waste. These part 262 more easily determine which in a new section of the regulations, to independent requirements are regulations apply to them. As described list which regulations for generators are applicable and enforceable, and must be in section VI, EPA is finalizing three independent requirements and which met, by a generator of hazardous waste, new sections in part 262 subpart A to are conditions, and to clarify the whether or not the generator actually set forth the conditions for exemption regulatory difference between those accumulates hazardous waste on site. In for each of the categories of generators types of requirements with regards to that sense, they are ‘‘independent’’ of that accumulate waste on site and one enforcement. These changes were the conditions for exemption from new section to set forth the conditions proposed in a new § 262.1 and in storage facility regulation, which are for exemption for SAAs. These new revisions to the existing § 262.10(a) and only applicable to generators who also sections are § 262.14 for VSQGs, (g). accumulate hazardous waste. The § 262.15 for SAAs, § 262.16 for SQGs, b. What is EPA finalizing? EPA is independent requirements of part 262 and § 262.17 for exemption for LQGs. finalizing the proposal to clearly define are therefore enforceable whether or not In concert with the reorganization of and reflect in the regulations the the generator has obtained, or is the generator conditions for exemption distinction between independent attempting to obtain, an exemption from for on-site accumulation of hazardous requirements and conditions for the storage facility permit (or interim waste, EPA is adding regulatory exemption that has existed, less status) and operations requirements by language to more clearly explain how explicitly, in the RCRA generator meeting the conditions for that the regulations work for generators and regulations since their initial exemption in §§ 262.14, 262.15, 262.16, to lay out which provisions apply to implementation over 30 years ago. or 262.17.
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An example of such an ‘‘independent exemption, such as an LQG major shift in the Agency’s enforcement requirement’’ is § 262.30, the pre- accumulating hazardous waste for more paradigm to a draconian system of transport waste packaging requirement. than 90 days may result in an entity enforcement that would lead to an This requirement is an unconditional losing its storage facility exemptions excessive number of violations and demand, and failure to meet this and becoming the operator of a non- penalties. EPA disagrees with this requirement is subject to penalty or exempt storage facility subject to the comments and did not intend to create injunctive relief for violating § 262.30. applicable requirements for storage any sort of shift in EPA’s enforcement The requirement applies without regard facilities in parts 124, 264 through 268, actions. In response to these comments to whether the generator accumulates and 270. on the proposal, EPA has revised the waste on site; and it applies and is The first part of the revisions EPA is final language to be clearer and to enforceable regardless of whether the finalizing contains the definitions for further explain the regulations. generator has an exemption from storage ‘‘independent requirement’’ and In this final rule, EPA reiterates that facility permit and operations ‘‘condition of exemption,’’ so that the the distinction between independent regulations. meaning of the terms will be clear as we requirements for all generators and A condition for exemption, on the have described them here. We use these conditions for exemption from the other hand, is a requirement that is terms throughout this preamble and the storage facility regulations that are contingent in nature: It is only necessary final regulations to distinguish between available to generators who are to meet the condition if the generator is these two types of provisions for accumulating hazardous waste on site using it to obtain an optional exemption generators in part 262. has always existed in the RCRA from other requirements. A condition EPA is also finalizing the changes to program. It has been the Agency’s for exemption is not the common type § 262.10(a) with some revisions. Section longstanding position that generators of regulatory requirement that 262.10(a) addresses the purpose, scope, that do not comply with a condition of absolutely demands compliance under and applicability of the hazardous waste a generator exemption fail to qualify for threat of penalty for violation of that generator regulations and contains both the exemption and (if they have not requirement. Meeting a condition for a list of which independent qualified for a larger generator exemption is required only if the requirements apply to each generator exemption) they would be considered generator wants an exemption, and then category and also references to the later an operator of a non-exempt storage is ‘‘required’’ only in the sense that it is sections at which generators can find facility, in addition to being a generator. a necessary step to take in order to the full list of conditions for the The changes to § 262.10 in this rule do successfully obtain that optional applicable generator exemption. At the not constitute a substantive change to exemption. same time, § 262.10(a) distinguishes this long-standing position. The primary legal consequence of not which generator provisions are Thus, these revisions to the complying with the condition for independent requirements and which regulations make this distinction more exemption is that the generator who are conditions for a generator clear to all generators by listing the accumulates waste on site can be exemption. independent requirements and charged with operating a non-exempt The language in § 262.10(a) also conditions for exemption applicable to storage facility (unless it is meeting the continues to explain the significance of all hazardous waste generators based on conditions for exemption of a larger the conditional exemption from storage their generator category. The reason for generator category). A generator facility permit, interim status, and this change is to reduce confusion for operating a storage facility without any operating requirements by stating the regulated community in the context exemption is subject to, and potentially specifically that if the conditions for of compliance and any enforcement in violation of, many storage permit and exemption (those requirements in actions. operations requirements in parts 124, § 262.14, 262.15, 262.16, or 262.17) are Additionally, EPA is revising another 264 through 268, and 270. not met, then the generator will be part of § 262.10 in its effort to make the As an example, § 262.17 provides the subject to the permitting or interim framework of the regulations more clear. conditions for the LQG exemption from facility provisions in parts 124, 264 Historically § 262.10(g) has stated that a storage facility regulation by stating that through 268, 270, and section 3010 of generator is subject to the compliance the LQG may accumulate hazardous RCRA. requirements and penalties prescribed waste on site without a permit or The reaction to the proposed changes in section 3008 of [RCRA] if it does not interim status, and without complying was mixed among the states. Many comply with the requirements of part with storage facility operating states agreed that the explanations of 262. However, this paragraph did not requirements, provided it meets the conditions for exemption from previously explain the distinction conditions stated in that paragraph. The permitting for generators accurately between the potential penalties for stated conditions for exemption in describes how the generator regulations violating part 262 independent § 262.17 are the necessary steps the LQG have operated all along and stated that requirements and the consequences of can take to obtain the exemption, if it including this explanation in a not complying with the conditions for a chooses to do so. straightforward way in the regulations generator exemption that are not subject The distinction between part 262 would be a benefit and would make the to direct penalties. As a result, independent requirements and part 262 RCRA program more transparent to the confusion has persisted over the legal conditions for exemption is also regulated community. Some states, consequences of failure to comply with important because violation of an however, expressed concern that the the conditions for exemption and this independent requirement (as discussed new regulations would limit their confusion is reflected in the comments previously in this section), such as an flexibility in how they enforce the to our proposed rule. SQG failing to obtain an EPA RCRA regulations within their states Therefore, EPA is revising § 262.10(g) identification number, can result in a and were opposed to the changes for to make the legal framework clear to the notice of violation and enforcement that reason. regulated community. Section action for that particular independent Comments from industry stakeholders 262.10(g)(1) establishes that violation of requirement only. In contrast, expressed great concern that the an independent requirement, such as noncompliance with a condition for language EPA proposed represented a the hazardous waste determination
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requirement of § 262.11 or the EPA ID authority to determine whether an proposal. Some commenters on the number requirement of § 262.18 is enforcement action is warranted and if proposed rule suggested that we include subject to penalty and injunctive relief so, what enforcement tools, including a list of the independent requirements under section 3008 of RCRA. However, notices of violation, civil and criminal applicable to VSQGs in § 262.10(a)(1) to § 262.10(g)(2) establishes, as explained complaints, penalties and injunctive make the regulations parallel for throughout this portion of the preamble, relief, are appropriate to address any VSQGs, SQGs, and LQGs. VSQGs have that noncompliance with a condition for detected violations. very few independent requirements, but exemption is not subject to penalty and Likewise, regulatory agencies retain a VSQG does have to make a waste injunctive relief under section 3008 of the same discretion and authority determination and determine its RCRA as a violation of part 262. Rather, regarding bringing various types of generator category. EPA agrees with this noncompliance with a condition for enforcement actions that they have comment and, therefore, we have exemption by a generator accumulating always exercised in situations where inserted a new § 262.10(a)(1)(i) for waste on site results in the generator non-compliance with conditions for VSQGs and listed these two losing the storage facility exemption exemptions have been detected. The independent requirements there. clarifications in this rule do not from parts 124, 264 through 268, and In addition to that change, we also mandate that regulatory agencies pursue 270. Without an exemption, the revised the language in § 262.10(a)(2) to generator is subject to the requirements enforcement actions where they clarify the language and to correct the of those parts of the storage facility previously would have exercised list of parts that would be applicable to regulations, the violation of which is enforcement discretion in forgoing such generators that fail to meet the subject to penalty and injunctive relief actions. In addition, this final rule does conditions for exemption by deleting under section 3008 of RCRA. not mandate charging and penalization As a whole, EPA believes that these of every violation of regulatory part 263 for transporters of hazardous three sets of revisions—the new requirements that legally may result waste and adding the permit definitions in § 262.1 and the revisions when a generator loses its exemption requirements in part 270. EPA realized to § 262.10(a) and (g)—will clarify EPA’s from the storage permit and operations the proposed language was not longstanding position on how the RCRA requirements, when, for example, such consistent and, in some places, included generator program works and how the action would be disproportionate to the references that would not be accurate. two types of requirements— seriousness of the generator’s violations. EPA also made changes to the independent requirements and EPA and states have always had, and revisions in § 262.10(g) in response to conditions for exemption—interact and continue to have, enforcement comments that this language was apply. As stated previously, EPA does discretion to bring charges and seek confusing and too ‘‘legalistic.’’ It is not consider these revisions to the penalties that accurately reflect the important to EPA that the regulated regulatory language as a change to the seriousness of the violations and their community understand the concepts we RCRA generator program because the potential for harm. are describing. Therefore, in regulations that were previously in In addition, we do note that when § 262.10(g)(1), EPA revised the language § 262.34 (now in §§ 262.14–17) and the implementing the regulations, to make it clear that the provision is provisions for VSQGs that were in enforcement agencies can elect to cite focused on the independent § 261.5 20 were always conditions for violations based on the failure to obtain requirements for generators that, by exemption from storage facility permit, a permit in part 270; or on a specific definition, appear in part 262 of the interim status, and operating requirement in the storage facility regulations and not requirements in requirements and have always worked operations regulations in parts 264 and other parts. in the same way as we are explaining in 265 that is a companion to the out-of- EPA also made changes to compliance condition found in part 262; this rule. § 262.10(g)(2), which addresses or both; and/or other violations found in As explained in the preamble to the noncompliance with conditions for the operations regulations that are proposal, the clarifications regarding the exemption. Several comments stated applicable to the generator as a result of distinction between independent that the language here was confusing. the non-compliance. generator requirements, and the To address this concern, EPA revised conditions for exemption from storage c. What changed since proposal? In the definitions in § 262.1, EPA made the language in an attempt to clarify it facility regulations for generators that for the average generator. The language accumulate hazardous waste on site, do some changes to the language of the definition of ‘‘condition for exemption’’ now explains what might happen in the not alter the way the generator case of noncompliance in a more regulatory scheme has operated over the to clarify the wording, to complete the list of sections in which conditions for narrative fashion, stating what the last 30 years. Similarly, the consequences are of not qualifying for clarifications regarding the enforcement exemption are found, and to correct the list of parts of 40 CFR from which the exemption from the permitting consequences of independent regulations, as EPA has already requirement violations and non- generators can be exempted. EPA removed part 268 from that list. described in this preamble. Finally, EPA compliance with conditions for revised the list of parts that apply to a exemption do not signal a change from Although part 268 focuses on the technical requirements for land generator that does not qualify for the how most enforcement actions have exemption from the storage facility been pursued when a generator has been disposal, some parts of it apply to generators, notably parts of § 268.7 and regulations, in order to be consistent found in noncompliance with a with other places in the rule. condition for exemption. § 268.9. EPA did not want to cause For violations of independent confusion by stating generators would Effect of the Reorganization: Sections generator requirements, federal and be exempt from part 268 provisions, 262.1 and 262.10(g) are not affected by state regulatory agencies continue to because those particular part 268 the reorganization. Section 262.10(a) is retain full enforcement discretion provisions are designed specifically for affected by the reorganization—the generators and do apply. section now describes the structure of 20 Previously referred to as ‘‘conditionally exempt EPA has also made a few changes to much of part 262. The reorganization is small quantity generators.’’ the language in § 262.10(a) since the discussed in section VI of this preamble.
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2. Generators Shall Not Transport to a The provision describes the University of Vermont, and was Non-Designated Facility requirements for a generator who treats, finalized in the Federal Register on a. Introduction. As the Agency has stores, or disposes of hazardous waste September 28, 1999 (64 FR 53292). stated numerous times in the on site and includes a list of provisions Originally, the program was to expire on development and implementation of the these generators must comply with. September 30, 2003. But on June 21, RCRA hazardous waste program, a When § 262.10(c) was initially 2006, EPA extended the program and fundamental aspect of the program is promulgated on February 26, 1980, the the new expiration date was changed to the responsibility placed on the hazardous waste generator regulations April 15, 2009 (71 FR 35550). Since the generator of hazardous waste to ensure distinguished between the generators program has now expired, EPA is its hazardous waste is properly managed that sent hazardous waste to be deleting paragraph (j) from § 262.10, as from cradle to grave. Numerous existing managed off site and those that managed well as part 262 subpart J and reserving regulatory provisions are designed to their hazardous waste on site. them. ensure that generators send their Generators that sent hazardous waste off Effect of the Reorganization: This hazardous waste only to authorized site could manage it for 90 days in an deletion is not affected by the TSDFs or other authorized facilities. See accumulation area, but generators that reorganization. managed hazardous waste on site were for example, §§ 262.18(c),21 262.20(b), B. Waste Determinations (40 CFR expected to manage it under their 262.40(a). However, from experience 262.11) with implementing the program, the permits or under interim status Agency has found situations where a regulations. The purpose of § 262.10(c) 1. Introduction generator failed to send its hazardous was to provide the list of requirements Under RCRA, generators are the first waste to a facility authorized to receive that generators managing hazardous critical link in ensuring safe that waste, thus creating both regulatory waste were required to follow in management of hazardous waste. They and potential hazardous waste addition to those permits or interim are the cradle in the cradle-to-grave mismanagement problems. The Agency status requirements. RCRA system. The first and most This distinction meant that the two believes that a statement expressly important step in the regulations is for types of generators had very different prohibiting a generator from sending generators of solid waste (as defined at standards for the areas where newly hazardous waste to a facility not § 261.2) to determine whether their generated hazardous waste was authorized to accept it is necessary to waste is also a hazardous waste by using managed. Significantly, generators ensure that generators understand they § 262.11. If a generator fails to identify sending hazardous waste off site could have this obligation. Therefore, the a hazardous waste as hazardous, it will easily make physical changes to their Agency proposed adding such a new not start the waste down the hazardous accumulation areas, whereas a similar independent requirement at waste management path and the critical generator managing hazardous waste on § 262.10(a)(3). gateway to the RCRA Subtitle C safe b. What is EPA finalizing? EPA is site under a permit had to go through management system will be missed. finalizing this provision as proposed the permit modification process to make Such mismanagement of hazardous and is promulgating § 262.10(a)(3), the same kind of changes. EPA waste may result in damage to human which clearly and explicitly states that effectively eliminated the distinctions health and/or the environment. a generator cannot offer or otherwise by revising these regulations (45 FR Thus, the success of the hazardous cause its waste to be sent to a facility 76624, November 19, 1980 and 47 FR waste regulatory program depends, to a that is not authorized to accept it. 1248, January 11, 1982). The final rule great extent, on generators making This provision is being added to the promulgated in January 11, 1982, made accurate hazardous waste regulatory framework and not replacing a change to § 262.10(c) that added the determinations. However, as described §§ 262.18(c), 262.20(b), 262.40(a), as generator accumulation provisions at in the proposal, EPA has observed those provisions are aimed at other § 262.34 to the list of provisions that through various efforts that generators aspects of the generator program (for apply to a generator that treats, stores, struggle with this crucial first step with example, ensuring manifests are or disposes of hazardous waste on site. the estimated rates of non-compliance properly completed). Currently, the Agency does not make ranging from 20 to 30 percent.22 With an EPA received general support from this distinction between generators that estimated generator universe in the most of the commenters on this send waste for treatment off site and hundreds of thousands, the potential for provision, with one commenter stating those that manage waste on site. This the mismanagement of hazardous waste that the provision was unnecessary. revision is therefore outdated and, thus, and the impact on public health and the EPA believes that the provision is should be deleted and reserved. environment is significant. Therefore, necessary, as it is a cornerstone of the b. What is EPA finalizing? EPA given the importance of this regulatory generator program and should be received general support from most provision, the Agency proposed several explicitly stated in the regulations to commenters who addressed this issue changes to the waste determination ensure that all generators are aware of and is finalizing the deletion of the regulations at § 262.11 in an effort to it. paragraph. Section 262.10(c) will be clarify them, and thereby foster Effect of the Reorganization: This reserved to avoid reusing that specific section is not affected by the paragraph. 22 Hazardous Waste Determination Program reorganization. Effect of the Reorganization: This Evaluation, IEc, April 2013. http://www.epa.gov/ deletion is not affected by the evaluate/pdf/waste/haz-waste-determination.pdf; 3. Deletion of § 262.10(c) and Summary of Waste Determination Meetings reorganization. with VT and NH State Officials on September 27– a. Introduction. EPA proposed 4. Deletion of Reference to Laboratory 28, 2010; and ‘‘10 Most Common Hazardous Waste deleting and reserving § 262.10(c) of the XL Project Regulations (40 CFR 262.10(j) (RCRA) Violations in Georgia: 40 CFR 262.11 hazardous waste regulations because it ‘‘Hazardous Waste Determination,’’ Georgia and Part 262 Subpart J) Department of Natural Resources https:// is outdated, confusing and unnecessary. epd.georgia.gov/sites/epd.georgia.gov/files/related_ The Laboratory XL Project was files/site_page/guidehwdet.pdf. For more citations, 21 Section 262.18(c) has been moved as part of the created for Boston College, the see the proposed Generator Improvements Rule, reorganization from § 262.12(c). University of Massachusetts, and the page 57936–57937, September 25, 2015.
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improved compliance by generators. EPA also asked for comment on the will continue to explore feasibility in These proposed changes were intended utility of developing an electronic the future. The Agency took comment primarily to codify Agency decision making tool for hazardous on a number of electronic tools and interpretations that have been waste determinations. reporting options and has organized our developed and implemented over the discussions of all of these options in 2. What is EPA finalizing? last 35 years in Federal Register notices, section XIII of this preamble. See this policy, letters, and other guidance. The Agency is finalizing the following section for a more in-depth discussion Specifically, the proposed rule changes to § 262.11: regarding electronic waste included revisions to the § 262.11 (1) Requiring that a solid and determination decision tools and other regulations that would (1) clarify that hazardous waste determination must be electronic options. hazardous waste determinations must accurate, and expanding on why this a. Solid and hazardous waste be accurate; (2) confirm that a determination is important; i.e., to determinations must be accurate. The generator’s waste must be classified at ensure the proper management of the Agency is finalizing the proposed its point of generation and, for wastes waste within the RCRA framework; requirement for generators to make potentially exhibiting a hazardous (2) Requiring that a hazardous waste accurate hazardous waste characteristic, at any time during the determination for each solid waste must determinations. However, we are also course of its management when the be made at the point of waste modifying the proposed regulatory text properties of the wastes may change in generation, before any dilution, mixing, in response to comments to provide a such a way as to change the hazardous or other alteration of the waste occurs, rationale for this change by stating that waste determination; (3) revise the and at any time in the course of its the accurate determination is in order to language on how to make a management that it has, or may have, ensure wastes are properly managed determination for listed hazardous changed its properties as a result of under RCRA. Accurate hazardous waste waste in § 262.11 to explain more fully exposure to the environment or other determinations are necessary to ensure how generators can make this kind of factors such that its waste classification the proper management of waste within determination using generator may have changed; the RCRA framework; in doing so, knowledge; (4) explain more completely (3) Incorporating regulatory language environmental protection will be in the regulations at § 262.11 how a that elaborates on how to make a enhanced and greater generator generator should evaluate its waste to hazardous waste determination for accountability fostered. determine whether the waste may listed and characteristic hazardous EPA believes that waste exhibit one of the hazardous waste; determinations are of utmost characteristics; (5) move the (4) Referencing the applicable RCRA importance and warrant this emphasis independent recordkeeping and regulations for identifying possible regarding accuracy. As one commenter retention requirements for hazardous exclusions or exemptions for the stated, ‘‘Accurate waste determinations waste determinations currently found at hazardous waste at in § 262.11(e). are required to ensure that each waste § 262.40(c) into § 262.11 to integrate this (5) Moving the independent stream generated by a company is provision more directly into the recordkeeping and retention properly managed. Additionally, hazardous waste determination requirements for hazardous waste accurate waste determinations protect regulations; (6) revise the hazardous determinations currently found at workers by making the company and the waste determination recordkeeping § 262.40(c) into § 262.11(f), with worker(s) aware of the dangers of the regulations to require that SQGs and clarifications on what records must be waste(s) being managed. Further, LQGs maintain records of any test kept; and accurate waste determinations will results, waste analyses, or other (6) Requiring SQGs and LQGs to ultimately lead to an accurate generator determinations made in accordance identify the applicable RCRA waste status determination.’’ 23 with § 262.11 for at least three years, codes for the hazardous waste they have Some commenters argued that including waste determinations where a generated, but clarifying that such addition of the term ‘‘accurate’’ to the solid waste (as defined in § 261.2) is identification must occur no later than regulation would be superfluous, as the found not to be a RCRA hazardous immediately prior to shipping Agency’s intent that hazardous waste waste (as defined in § 261.3); (7) revise hazardous waste off site to a RCRA determinations be accurate is self- the hazardous waste determination permitted treatment, storage and evident, and that adding this term may regulations by copying § 262.40(d) into disposal facility in accordance with the even imply that other aspects of the § 262.11 to address situations where an requirements of § 262.32. RCRA program need not be accurately enforcement action has been initiated The Agency is not finalizing the implemented. The Agency’s intent is and the period of record retention (e.g., proposed requirement that SQGs and that all parts of the RCRA regulatory three years from when the record was LQGs maintain records of their non- program be implemented in the manner generated) must be extended hazardous waste determinations. Nor is required by the regulations. In adding automatically during the course of any the EPA finalizing a requirement for the term ‘‘accurate’’ to the waste unresolved enforcement action SQGs and LQGs to maintain records of determination requirement of § 262.11, regarding the regulated activity or as their hazardous waste determinations the Agency intends to emphasize the requested by the Administrator, and (8) until the generator closes its site. importance of this step in the waste require generators identify all applicable Finally, EPA requested feedback management process. Inaccurate EPA hazardous waste numbers (EPA regarding the feasibility and hazardous waste determinations will hazardous waste codes) in subparts C effectiveness of developing electronic lead to violation of other RCRA and D of part 261 if the solid waste is decision-making tools for hazardous regulatory requirements and determined to be a hazardous waste. waste determinations and whether such mismanagement of the waste, which The Agency also requested comment tools would be a helpful to generators. may result in damage to human health regarding how best to emphasize the Based on comments, the Agency is not or the environment. importance of accurate hazardous waste finalizing any provision related to determinations and the length of time electronic decision-making tools for 23 Comment by individual consumer. Docket records must be maintained. Finally, hazardous waste determinations but number: EPA–HQ–RCRA–2012–0121–0160
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Another reason for including the upon disposal. Conversely, the Agency hazardous waste streams.25 Many of language explaining a generator must can see a number of situations where a these generators continue to generate make an accurate waste determination generator must conduct analysis and the same wastes over long time periods, to ensure the wastes are properly testing to meet this requirement. and absent changes in the waste, the managed is to clarify the applicability of Regardless of the effort invested in generator may continue to rely on an § 262.11 in instances in which making a hazardous waste initial determination of the waste’s generators choose to manage their non- determination, the Agency’s intent is RCRA status (particularly for listed hazardous wastes as hazardous wastes. that the results of the determination be hazardous wastes). Of course, should a Even if the waste may not be hazardous, accurate and bring about the proper generator in this scenario change either ‘‘over managing’’ the waste is acceptable management of the waste under the its production feedstocks or production and meets the requirements in § 262.11 RCRA regulatory framework. process, or know of any other factors because the generator has made a b. A hazardous waste determination determination intended to ensure, that may result in changes to the waste’s must be made at the point of generation origin or properties, the generator may beyond a doubt, proper and protective before any dilution, mixing, or other management of the waste within the have a new waste requiring a new waste alteration of the waste occurs. As determination. RCRA regulatory program. The practice described in the proposed rule, the of over-managing non-hazardous waste Agency’s policy and position from the Based on EPA’s 2013 Hazardous as hazardous waste has been in beginning of the RCRA program has Waste Determination Program existence for years and EPA’s final been that a waste determination must be Evaluation 26 and stakeholder language in § 262.11 continues to allow made at the point of generation (i.e., the discussions, the Agency has determined this practice. point at which the material first that most generators make a hazardous In addition to concerns about the becomes a solid waste under RCRA; See, waste determination by using regulatory status of over-classified for example, 55 FR 11830, March 29, knowledge of their processes, including wastes, commenters also expressed 1990). This includes both the time and feedstocks and possible side reactions, concerns about generators using the best place the waste was first generated. By and other materials used at the facility available information and still making requiring that the hazardous waste to evaluate whether waste is hazardous an inaccurate determination because of determination be made at the point of or not. In order to properly classify and the errors and omissions of others. generation in § 262.11(a), the final manage waste, generators must make a Generators are, and always have been, regulation clarifies that the ultimately responsible for making hazardous waste determination when determination cannot be made accurate hazardous waste the waste is first generated. Most downstream in the process, where other determinations. Hiring a third party generators should have sufficient materials could be mixed with the waste contractor, waste broker, or consultant, knowledge of their waste to determine or where the waste may have changed or reliance on information provided by whether the waste is hazardous and suppliers does not transfer this its physical or chemical characteristics. why it is hazardous i.e., whether the responsibility to those third parties. A generator’s hazardous waste waste meets one of the listing While the Agency understands that determination at the initial point of descriptions in subpart D of part 261 27 reliance on third parties may sometimes generation is critical to ensure proper or whether the waste may exhibit one or result in an inaccurate waste management of the waste not only by more hazardous waste characteristics determination, the responsibility the generator, but also by transporters described in subpart C of part 261, and remains with the generator. It would be and TSDFs who rely on the generator’s to manage the hazardous waste prudent for the generators to practice determination to allow them to safely according to its hazards, under RCRA. manage the waste and provide due diligence and establish processes When generator knowledge is appropriate treatment and disposal. and procedures that ask questions of inconclusive or uncertain, testing may This proposed revision to § 262.11 is not their suppliers and waste management be appropriate. companies to understand why their a substantive change to the program; We have and continue to recognize materials are hazardous or not. preambles to a number of previous rules One commenter mentioned that the explain that EPA has always maintained that situations will occur where a term ‘accurate’ also does not provide that hazardous waste determinations generator is not able to make an accurate any guidance about how intensive or must be made at the initial point of waste determination based on deep a generator’s research must be to generation.24 The Agency is finalizing knowledge alone, and the generator will meet the intended standard. This this requirement as proposed. need to send a representative sample of commenter goes on to discuss that a Many commenters expressed concern the waste to be tested. However, as the five-minute review of a Safety Data with EPA’s proposed requirement that EPA has stated in the past, the generator Sheet (SDS) and product brochure may hazardous waste determinations must must manage the waste as hazardous well be ‘accurate’ but much too be made at the point of generation. For waste until the results of the test are superficial to ensure the generator has many generators, the Agency believes received, and continue to manage it as considered all potentially hazardous making a hazardous waste attributes of the waste. The Agency determination on new wastes should be 25 See ‘‘Regulatory Impact Assessment of the disagrees with this commenter. Waste an infrequent evaluation. An analysis of Potential Costs, Benefits, and Other Impacts of the determinations are site specific and 2013 biennial report data identified 46 Final Hazardous Waste Generator Improvements Rule.’’ A copy of the analysis is available in the each generator must evaluate the percent of LQGs generated between one docket for this action. amount of time and effort needed to and five waste streams. Similarly, this 26 Hazardous Waste Determination Program make an accurate waste determination. same analysis found that overall LQGs Evaluation, IEc, April 2013. http://www.epa.gov/ In some cases, a review of an SDS may generated a median of 6 hazardous evaluate/pdf/waste/haz-waste-determination.pdf. suffice because the identification of the waste streams and a mean of 13 27 Note: If the waste is listed, a generator may file a delisting petition under 40 CFR 260.20 and 260.22 constituents and their concentration to EPA or the authorized state to demonstrate that ranges may make it clear whether the 24 See 45 FR 33095–96, May 19, 1980 and 55 FR the waste from this particular site or operation is chemical is or is not a hazardous waste 11830, March 29, 1990. not a hazardous waste.
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hazardous waste if the hazardous waste this policy. The Agency disagrees with stands by and is not changing this long- determination is confirmed by the test.28 this commenter. EPA has been standing position. Generators have a The Agency is also aware that many consistent in its position that a waste responsibility to understand the generators, such as academic and determination must be made at the properties of their waste, not only to industrial laboratories, generate new or point of generation, unless for some make an accurate determination, but different waste streams frequently, and unforeseen and rare circumstance, the also to manage the waste properly. In that making hazardous waste determination must be made in a many instances, the properties of the determinations for multiple waste subsequent location. Without clarifying waste most likely will not change. But streams is more difficult than when a in the regulation that a waste in other situations, exposure to the generator has a small number of waste determination must be made at the elements, or the very nature of the streams that seldom vary. However, EPA point of generation, the RCRA ‘‘cradle to chemicals in the waste may cause its stresses that in the laboratory setting, it grave’’ system could be easily properties to change. Generators have a may be even more important to make circumvented, with generators and responsibility as part of the waste accurate hazardous waste handlers able to delay the waste determination and waste management determinations at the point of determination process until a processes to be aware of those generation, so that emergency scenarios convenient time and place, including by situations.29 In such situations, involving mixing of incompatible a subsequent handler who knows little generators should also notify any wastes or other dangerous situations can about the waste. subsequent waste handlers to monitor be avoided and lab worker safety However, in response to comments, for changes in waste properties. The maintained. Whether a generator the Agency is stating that existing Agency emphasizes that a generator generates one new waste daily or guidance and memoranda addressing needs to understand what type of waste annually, the process for making a specific situations relating to the point it has generated, why it is or is not hazardous waste determination is still of generation are not superseded by this hazardous at the point of generation, the same. Through knowledge of the final rule. Specific examples of such and proceed accordingly in managing process or materials, and/or through situations are discussed in the Agency’s and monitoring its waste. If a generator testing, all generators must make a Response to Comment document found is aware that its waste tends to have the hazardous waste determination at the in the docket to this rule. potential to change over time, the As part of finalizing § 262.11(a), the point of generation. The Agency would generator may wish to establish Agency is also finalizing the language expect generators producing new wastes processes to determine whether the that explicitly clarifies the waste frequently to establish efficient nature of its waste has changed and determination policies identified and processes to make those waste make a new hazardous waste determinations, particularly to the discussed in 1980 (45 FR 33095–96, determination. extent they can use knowledge of the May 19, 1980); i.e., that the point of materials or feedstocks in the waste generation is identified as the point at c. Use of generator knowledge and determination process. which the material is first identified as testing in making a hazardous waste Both the retail and laboratory sectors a solid waste under RCRA, before any determination. At § 262.11(c) and at raised concerns about the undue waste dilution, mixing, or other alteration of § 262.11(d)(2), the Agency, in its determination burden from the large the waste occurs. Further, RCRA solid proposed rule, elaborated on the numbers of potentially hazardous and hazardous waste must be existing regulatory text associated with wastes that might be generated at their reevaluated at any time in the course of the use of generator knowledge to sites. EPA realizes that both of these its management that it has, or may have, determine whether wastes are either sectors operate differently from the changed its properties as a result of listed hazardous wastes and/or traditional industrial hazardous waste exposure to the environment or other characteristically hazardous waste, generators. In fact, to address laboratory factors that may change the properties of respectively. As part of this proposed sector concerns, EPA developed an the waste, such that the RCRA change, the Agency provided examples optional set of alternative standards in classification may have changed. As of the types of knowledge and 40 CFR part 262 subpart K, entitled, discussed in the proposal rule at 80 FR information deemed acceptable that ‘‘Alternative Requirements for 57938, and in referring to characteristic generators may use. The types of Hazardous Waste Determination and hazardous wastes, the Agency stated: information identified in § 262.11(c) and Accumulation of Unwanted Material for This implies that a generator’s waste § 262.11(d)(2) that generators could use Laboratories Owned by Eligible characterization obligations may continue as acceptable knowledge in determining Academic Entities.’’ This rule was beyond the determination made at the initial if their wastes are listed wastes, or designed to account for the manner in point of generation. In the case of a non- characteristically hazardous, were not which academic laboratories operate. In hazardous waste that may, at some point in all inclusive, or limited to those addition, a few years ago, the EPA began the course of its management, exhibit a examples. However, this may not have a review of how RCRA hazardous waste hazardous waste characteristic, there is an been clear in the proposal. The Agency, ongoing responsibility to monitor and therefore, is finalizing § 262.11(c) and regulations apply to the retail sector in reassess its regulatory status if changes occur order to better understand retailers’ that may cause the waste to become now § 262.11(d)(1) with slight changes challenges in complying with RCRA hazardous. Thus, the generator must monitor to clarify that the examples identified in regulation. These efforts are on-going. the waste for potential changes if there is the regulatory text are not limited to A few commenters disagreed with the reason to believe that the waste may those kinds of information.30 proposal to add language clarifying that physically or chemically change during waste determinations must be made at management in a way that might cause the 29 See for example, discussion at 80 FR 57939 and the ‘‘point of generation,’’ arguing that waste, or a portion of the waste, to become 55 FR 39410, September 27, 1990. hazardous. the Agency has issued waste 30 Note: As stated below, the Agency reversed Many commenters were concerned § 262.11(d)(1) and (d)(2) in the final rule, with determinations in the past contradicting paragraph (d)(1) emphasizing the types of that in practice, this provision would knowledge a generator could use in making a 28 See letter from Lowrance to Axtell, April 21, require them to constantly re-evaluate hazardous waste determination and paragraph 1989, RCRA Online 11424. their wastes. However, the Agency (d)(2) addressing test methods.
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Similarly, in the proposal at One commenter mentioned that while § 262.11(d)(1) to read: ‘‘The person must § 262.11(d)(1), the Agency elaborated on EPA has adopted the terminology test the waste according to the the test methods generators may use to ‘‘acceptable knowledge’’ in the rule applicable methods set forth in Subpart determine whether their wastes are from its waste analysis guidance, we C of § Part 261 or according to an hazardous. Included were test methods have not identified what is unacceptable equivalent method approved by the set forth in subpart C of part 261 or an knowledge and we may be adding administrator under § 260.21 and in equivalent method approved by the confusion to the process. While the accordance with the following . . . Administrator under § 260.21. The Agency believes the term ‘‘acceptable (emphasis added)’’. The commenter Agency, in its proposal, also stated knowledge’’ is clear, and has used it in argued that by adding the word under § 262.11(d)(2) that where a test discussing this topic in older Federal ‘‘applicable,’’ this rule will make clear, method is specified in the regulation, Register notices, and also included for example, that if a waste is being the results of the regulatory test, when examples of those types of information evaluated for the toxicity characteristic, properly performed, are ‘‘definitive’’ for that may assist a generator in making an a Method 1311 test should be used, as determining the regulatory status of the accurate hazardous waste determination opposed to one of the test methods that waste. in the proposal preamble, the Agency must be used to evaluate whether a The Agency received numerous also stated above that the examples waste is ignitable. The Agency agrees comments on this latter provision, with provided do not comprise an inclusive with this clarification and has modified commenters expressing concerns that by list, but rather are examples. As to what the regulatory text accordingly. stating a regulatory test, when properly the Agency would view as d. Possible exclusions and restrictions performed, is ‘‘definitive’’ in ‘‘unacceptable,’’ guessing is not for the waste at § 262.11(e). The Agency determining a waste’s regulatory status, acceptable. The Agency also views is moving the language that was EPA was also implying that use of using resources that do not contain proposed at § 262.11(g) to § 262.11(e) in generator knowledge was not definitive information about the process that the final rule. This language states that and less trustworthy as a means to make produced the waste or the chemicals in if the waste is determined to be a hazardous waste determination. the waste as unacceptable. It is also hazardous, the generator must refer to Several commenters went so far as to unacceptable for generators to simply the applicable RCRA regulations of this suggest the Agency, for all practical assume their waste is non-hazardous chapter to determine whether other purposes, was eliminating the ability to until told otherwise by the relevant possible exclusions or restrictions apply use process knowledge for waste regulatory agency. In using the phrase to the management of the specific waste. determinations and was requiring actual ‘‘acceptable knowledge’’, the Agency The Agency believes, in retrospect, that testing. intends that knowledge-based this paragraph belongs more These commenters misinterpreted the determinations be based on relevant and appropriately immediately after the proposed change. The Agency reaffirms reliable (i.e., verifiable) information generator has determined whether it has that generators may use knowledge of from any source that indicates, to a generated either a listed and/or their processes and of the materials used greater or lesser degree, that the waste characteristically hazardous waste. As a in the process, among other types of is either hazardous or non-hazardous result of this change, subsequent information (as described in the under part 261 subpart C and D paragraphs in this section shift in proposal preamble), to make a regulations, and that such information is numbering as well. hazardous waste determination. In fact, organized or presented in a logical way e. Recordkeeping Requirements at generators can only use knowledge of that illustrates how it supports the § 262.11(f). The Agency is finalizing, their process and knowledge of the generator’s conclusions. Such with clarifications, a number of materials used in the production determinations are inherently done on a revisions to the waste determination process to determine whether their case-by-case basis. In some cases, this recordkeeping requirements proposed at waste meets any of the F-, K-, P- and U- may be clear and straightforward and in § 262.11(e), but being finalized at waste listings. others more complex or uncertain, § 262.11(f). First, we are finalizing the Further, in determining whether depending on the waste and the move of the waste determination wastes may exhibit a hazardous availability of reliable and relevant recordkeeping requirements previously characteristic, EPA expects that most information. Similarly, the Agency found in § 262.40(c), into § 262.11, in generators will use generator knowledge cannot a priori determine how much order to highlight the recordkeeping to make waste determinations, and this information is ‘‘enough’’, as this too is requirement for hazardous waste is appropriate provided that such case-specific. As discussed previously, determinations. The Agency is also knowledge results in an accurate the Agency’s intent is that hazardous providing a reference in § 262.40(c) to determination. Where generator waste determinations, regardless of their the new regulatory location of the knowledge is inconclusive or uncertain, basis, be accurate and result in hazardous waste determination testing using the test methods described appropriate management of the waste recordkeeping requirement in in part 261 subpart C, or equivalent under RCRA.31 § 262.11(f) instead of deleting and methods approved by the Agency in One commenter also suggested that reserving § 262.40(c). EPA is finalizing § 260.21, will resolve any uncertainty. the word ‘‘applicable’’ be inserted this change as a conforming change with The results of such testing, when before ‘‘methods’’ in proposed the reorganization to prevent generators properly performed, are definitive that are looking for recordkeeping because these tests are part of the 31 In using knowledge of a waste to make a requirements in § 262.40 to miss the regulatory definition for those parts of hazardous waste determination, the Agency would other recordkeeping requirement now the hazardous characteristics that also offer the advice that generators review and account for information they may identify that may located in § 262.11. include them. The Agency is reversing tend to refute their conclusions. A conclusion that Second, we are finalizing the the order of the proposed § 262.11(d)(1) considers and honestly weighs adverse information proposed expanded language to better and (d)(2) in the final regulations to is much more likely to be accepted by the Agency articulate the types of waste clarify the roles of knowledge and than is a conclusion based on data carefully determination information that must be selected to support the conclusion and which testing in making hazardous waste ignores contrary information that may be more maintained as records of hazardous determinations. convincing. waste determinations made using
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generator knowledge and/or testing. commenters did not realize we had codes must be identified. From This language includes a list of specific proposed a change. The Agency has stakeholder discussions, the EPA types of records that might be used reconsidered this issue and concludes understands that some states interpret when making a waste determination by that generators will have an easier time the hazardous waste determination either method. To further clarify, the maintaining records of when their waste process to include identifying the waste Agency is incorporating into the final was sent for disposal rather than codes. We view this requirement to rule language the term ‘‘other generated. Moreover, maintaining the simply provide the connection between determinations,’’ which was previously status quo in the original regulations what wastes are in the container and in the text in § 262.40(c). This term eliminates the need for generators to what is on the hazardous waste manifest captures the concept that records must change operating procedures. document. The Agency believes this be kept for hazardous waste Fourth, the Agency is deleting the linkage is important to program integrity determinations made by any method. sentence regarding the co-mingling of and received support from commenters. While the Agency is aware that some wastes proposed at § 262.11(e). With the These commenters mentioned that the states interpret the words ‘‘other Agency addressing the mixing of solid proposed identification of RCRA waste determinations’’ in the existing with hazardous wastes by generators at codes on containers at the time of the § 262.40(c) recordkeeping requirement § 262.13(f), this statement in § 262.11 is pre-transport requirements at § 262.32 to include non-hazardous waste not needed. provides another level of hazard determinations, as discussed in the Fifth, a few commenters suggested communication for regulatory proposed rule, EPA has not held, and that types of information not be limited inspectors and emergency responders. continues to not hold, the same to those cited in the proposed rule at They also suggested that this interpretation. By adding this language § 262.11(e). The Agency believes that requirement decreases overall burden back into the final hazardous waste the language in § 262.11(e) is very broad for generators, transporters and TSDFs determination recordkeeping regulatory intentionally to capture any type of because there will be fewer instances section rather than deleting it, as information used to support a hazardous when a generator has failed to identify proposed, it is possible that those states waste determination. Thus, we believe its hazardous waste, and therefore fewer will maintain their more stringent that the examples provided are not all- cases where a designated facility needs interpretation. inclusive and this is already implicit in to identify the hazardous waste or send As discussed in more detail later on, the regulatory text and we have not the wastes back to the generator for EPA is not finalizing the requirement made a change. proper identification. Similarly, this that generators maintain records of their Finally, the Agency is reaffirming in additional marking information also non-hazardous waste determinations. preamble that inspectors have the provides for quicker and more confident However, the Agency will continue to existing authority to require a generator acceptance screening at the receiving recommend that generators document to perform a waste determination during facility. their non-hazardous waste an inspection to support their finding Commenters opposing this determinations as a best management that the waste of concern is not a requirement raised concerns about the practice, particularly in situations hazardous waste if no documentation increase in burden and potential where wastes contain known hazardous exists. conflicts with DOT requirements, such chemical attributes that could be f. SQGs and LQGs must identify the as with 49 CFR 172.401. EPA disagrees mistaken for a hazardous waste. RCRA waste codes associated with the that this is an increase in burden. Third, the Agency is finalizing the hazardous waste. The Agency is Generators have always had to identify time period as proposed: Waste finalizing at § 262.11(g), the requirement hazardous waste codes for the manifest determination records must be proposed at § 262.11(f) that all and many states already require waste maintained for at least three years. EPA applicable EPA hazardous waste codes on containers. Without EPA asked for comment on extending the numbers (EPA hazardous waste codes) hazardous waste codes, TSDFs may not time period to the life of the facility and be identified, but with two be able to treat the waste to meet LDR commenters were practically clarifications: (1) This requirement only requirements. In terms of potential DOT unanimous in opposing the extension, applies to SQGs and LQGs; and (2) the conflicts, EPA’s pre-shipment marking responding with various reasons why codes do not need to be marked on the requirements in § 262.32 (where we are extending this time period is not container until the hazardous waste is finalizing the marking of hazardous practical, including the existence of a being prepared for shipment off site (i.e. waste codes on containers) are designed statute of limitations after which no pre-transport requirements). However, to be in compliance with 49 CFR enforcement actions can be brought SQGs and LQGs may have waste 172.304 and these regulations reference against a generator, and the fact that management practices in place and that the marking must be in compliance once a production process changes and choose to identify the RCRA waste with the DOT regulations. a particular waste is no longer codes sooner than prior to shipment. Other commenters raised the concern generated, those records are not needed EPA is limiting this requirement in that adding waste codes to containers for the life of the facility. the final rule to SQGs and LQGs because managed on site does not improve a EPA proposed to change when the VSQGs have no requirement to label or generator’s ability to properly manage three-year clock would start for this mark their hazardous waste. Without that waste. EPA agrees with these recordkeeping requirement to the date this labeling or marking requirement, comments that generators treating, last generated. However, we are the Agency believes it is unnecessary for storing, or disposing their hazardous reverting to the original § 262.40(c) the VSQG to identify all applicable waste on site do not need to identify the language that states that three years is hazardous waste codes. hazardous waste codes because they measured from the date that the waste Currently, there is no direct or should have sufficient information was last sent to on-site or off-site explicit regulatory linkage between the already about their waste to ensure they treatment, storage, or disposal. The few hazardous waste identification meet the proper LDR requirements. comments on this proposed change requirements of § 262.11 and hazardous Finally, as discussed in more detail in referred to previously existing waste manifesting requirements of the marking and labeling section IX.E, regulatory language as if the subpart B of part 262 where RCRA waste EPA is finalizing the requirement in
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§ 262.32 to add the waste codes to (2) Unknown wastes must be assumed ultimately determined to be non- containers with the clarification that in to be hazardous and managed hazardous) in order to ensure its proper lieu of marking their containers with accordingly unless and until evaluated management, enable regulatory agencies EPA waste codes, generators may use a to be otherwise; to monitor compliance adequately and nationally recognized electronic systems (3) Recordkeeping costs are to ensure appropriate environmental such as bar coding (common industry overstated. Businesses spend time and protection. practice) that includes the EPA waste effort identifying and purchasing certain Several commenters also questioned codes. Also, EPA reaffirms that it is not materials based on their characteristics the need for such documentation changing the manifest waste code so they should already have information because generators have a very strong procedures. See the marking and about the nature of these materials; incentive to ensure they have accurately labeling section IX.E for additional (4) Lack of documentation of waste classified their wastes, given that failure discussion. determinations leads to confusion when to do so can result in significant g. Non-hazardous waste knowledge is lost during staff turnover penalties for the illegal management of determination documentation. The and must be re-created by the hazardous waste. The Agency does not Agency is not finalizing the proposed replacement staff; and disagree with this argument, but in recordkeeping requirement that (5) Most generators already keep this reality, not all generators are motivated generators maintain documentation of information as part of best practices. to comply, given the high rate of non- The Agency concludes that many of their non-hazardous waste compliance with making accurate these arguments, both in favor of and determinations. The objective of this hazardous waste determinations. against the proposal, have some proposed change was to foster a change measure of validity. However, the Other commenters, particularly in the in generator behavior related to their Agency strongly recommends that as a retail and academic and industrial waste determination processes and best management practice, generators laboratory sectors, stated that the procedures. By requiring such document their non-hazardous waste Agency failed to account for documentation, generators would need determinations, particularly in organizations with numerous waste to further consider why the solid waste situations where the waste may display streams generated every day when was not a hazardous waste and provide the attributes of a hazardous waste and proposing documentation of non- a rationale in writing. where staff turnover may cause a worker hazardous waste determinations. The Numerous organizations voiced to question the contents of a container. Agency was aware of and did identify disapproval of the Agency’s proposal to Most importantly, when situations several sectors (including these) in the require SQGs and LQGs to document warrant, inspectors have the authority to proposal where this requirement had their non-hazardous waste ask that a hazardous waste the potential to be more challenging, determinations. Reasons included, but determination be performed by the given the high number of waste streams were not limited to, the following generator in the absence of any generated. Also, the Agency sought themes: documentation and the attributes of the comment on how best to address this (1) The Agency has no legal authority waste suggest a potential problem. potential burden. However, the Agency to require such documentation because Several commenters questioned the is not finalizing this provision. the Subtitle C regulations do not Agency’s authority to require such A few commenters also stated that regulate non-hazardous wastes; documentation of non-hazardous waste most generators already keep this (2) There is no compelling reason to determinations because the Subtitle C information because their state requires require such documentation because regulations do not regulate non- it or because they realize the importance generators have a very strong incentive hazardous wastes. The commenters are of systematically evaluating the waste to ensure they have accurately classified incorrect. The Agency has the authority streams they generate to ensure they are their wastes, given that failure to do so under sections 3007 and 2002 of RCRA managing it properly. As stated can result in significant penalties for the to require such records be kept, but previously, the Agency supports this illegal management of hazardous waste; instead has chosen not to finalize our non-hazardous waste determination (3) The Agency failed to account for use of such authority in this case and recordkeeping practice by industry and generators that generate numerous waste rather follow an alternative approach. recommends it as a best management streams every day, such as the retail Specifically, RCRA section 3007 practice. sector and academic and industrial allows us to gather information about The Agency did receive a number of laboratories; and any material when we have reason to comments supporting the proposal to (4) The rule would create so much believe that it may be a solid waste and require SQGs and LQGs to document regulatory uncertainty that the only way possibly a hazardous waste within the their non-hazardous waste to protect themselves against non- meaning of RCRA section 1004(5). A determinations. This support bolsters compliance would be to document generator will not know definitively the Agency’s conclusion that more work every waste stream generated. whether a waste that has potential to be is needed to ensure generators make Counterbalancing these arguments hazardous is hazardous or non- accurate hazardous waste were comments from other hazardous unless it identifies the waste determinations. At this time, in lieu of organizations supportive of the non- and documents that identification, even requiring such documentation, the hazardous waste determination if the waste turns out to be non- Agency is considering initiating a recordkeeping requirement with the hazardous. Moreover, RCRA section dialogue with industry and states to following themes: 2002 also gives EPA authority to issue identify the root causes of this problem (1) Accurate waste determinations are regulations necessary to carry out the and identify potential solutions. Such difficult for regulators to verify if purposes of RCRA. The intent of the solutions may include establishing best records are not kept, particularly for proposed requirement to document non- management processes and practices, unknown waste that reasonably may hazardous waste determinations is to along with the possible development of display the attributes of a hazardous provide basic information to EPA about generic decision tools or other technical waste but for which there is no written the potentially hazardous nature of the assistance information that can assist evaluation showing it as non-hazardous; waste that is generated (even if it is generators with the process of
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evaluating whether the solid waste they § 260.10 and this paragraph on how to determined under the steps laid out in have generated is a hazardous waste. make a generator category determination the section, the generator should provide specific instructions on this determine which of the sets of generator C. Determining Generator Category (40 matter for the regulated community and provisions apply to it. CFR 262.13) thereby improve compliance with the c. What changed since proposal? EPA A generator must correctly count the generator regulations. made several changes to § 262.13(a)–(e) quantity of hazardous waste that it The introductory language of § 262.13 in response to the comments received generates in order to determine its states that a generator must determine on the proposed rule. First, several generator category. During the its generator category and that the commenters pointed out that this development of the proposed rule, EPA category is based on the amount of section tailors its procedures for determined that the extent of the hazardous waste that is generated in a generators that generator acute and non- counting requirements in the generator calendar month. This requirement for a acute hazardous waste in the same regulations at the time consisted of lists generator category to be based on a month, but does not directly address in § 261.5(c)–(d) and (h)–(j) of what monthly generation amount is derived generators that generator only acute materials must and must not be from the RCRA statute and is critical to hazardous waste or non-acute hazardous included when counting waste. These the framework of the generator waste. EPA agrees with this comment regulations did not address other regulations.32 The regulations also state and, therefore, converted the proposed counting considerations. EPA therefore that a generator’s category can change paragraph (a) to introductory language proposed a new § 262.13 to describe from month to month. Although many for the section and made a new how a generator determines its generator generators change categories several § 262.13(a) that addresses those category, containing the previously times a year, depending on various generators that generate only acute or existing language in § 261.5(c)–(d) as factors such as inputs, demand, non-acute hazardous waste. This section well as some specific steps to calculate processing volume, and production, includes a simplified version of the an amount that includes the correct EPA knows many generators choose to same procedures in paragraph (b) for amounts of hazardous waste. operate as LQGs all the time to simplify those without both types of hazardous Elsewhere in the proposed rule, EPA their regulatory compliance. EPA waste. proposed regulatory language for each of encourages this practice, but notes in Commenters also noted that although the categories of generators describing the regulations that actual generator EPA included a Table 1 to § 262.13 in how the rules regarding mixing from category can change month to month. the regulations, the table was not § 261.5(h)–(j) would impact their In addition, EPA notes that a VSQG or referenced in the regulations. EPA generator categories and how to count an SQG that generates more hazardous therefore added references to Table 1 in mixtures of hazardous waste and solid waste in a particular calendar month the regulatory text in paragraphs (a) and waste. EPA is consolidating the than allowed in its generator category (b). Also, in Table 1 in this section, we discussion of counting hazardous waste must make a determination that it now are deleting the first column of numbers from all these areas of the proposed rule meets the higher generator category (if it that denoted which generation scenario into § 262.13 for the final rule in order is not covered by the episodic was being represented by each row. This to make these requirements easily generation provisions discussed in column was potentially useful in the understandable by the regulated section X of this preamble). preamble discussion, but served no community and thus improve Paragraph (a) of § 262.13 presents purpose in the regulations and has been compliance and consistency. basic procedures for counting hazardous removed. waste generated in the calendar month, In addition, several commenters 1. Counting Hazardous Waste subtracting or excluding anything that is stated that although a generator’s a. Introduction. The purpose of exempt and using the difference to category is based on the amount of proposed § 262.13 was to lay out the determine the generator category. hazardous waste it generates in a framework for making a generator Paragraph (b) of § 262.13 specifically calendar month, every generator need category determination in paragraph (a) addresses the situation in which a not make an exact category and to stress that the generator’s generator generates any combination of determination every month. The category can change from month to non-acute hazardous waste, acute commenters argued that many month. The proposed regulation set hazardous waste, and the residues from generators have a very accurate sense of forth procedures to determine whether a the cleanup of a spill of acute hazardous what category they are month-to-month generator is a VSQG, an SQG, or an LQG waste. This paragraph presents a series because their processes generate for a particular month, as defined in of steps for a generator to follow when consistent amounts of hazardous waste § 260.10. As EPA discussed in the determining its generator category to over time. Only those generators with proposed rule, the regulations in ensure it selects the appropriate generation amounts near the limit § 262.13 do not constitute a new category for the total amount and types would have to count regularly to make requirement for generators, but in the of hazardous waste generated. the category determination. These regulations up to this point, the Sections 262.13(c) and (d) are existing commenters stated that many generators counting requirements have not been provisions that EPA is moving from with categories that fluctuate from presented in a clear and succinct § 261.5(c) and (d) of the existing month-to-month choose to operate as manner. regulations with a few small wording LQGs full time and would, therefore, b. What is EPA finalizing? EPA is changes to reinforce that category not need to count every month to finalizing a new § 262.13 to address how determinations are made monthly and determine generator category. to make a generator category do not otherwise represent a change in EPA agrees with the commenters and determination. It includes the language the generator regulations. therefore has made revisions to the discussed in this section on counting as Section 262.13(e) completes the main introductory language for the section to well as the mixing requirements process of counting by stating that based state that a generator is required to discussed later in this chapter of the on the generator category that is determine its generator category. The preamble. The addition of the language continues to stress that a definitions of generator categories to 32 RCRA 3001(d). category is based on monthly generation
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and may change from month to month, requirements for mixtures to § 262.13 is as well as the ‘‘impermissible dilution’’ but generators are not required to follow to make generators aware of the requirements in § 268.3.33 the included steps every month. EPA regulations applicable to mixtures of 4. For all generators, reminding them notes, however, that an LQG must keep hazardous waste and solid waste, and to they must make a hazardous waste track of its amounts of hazardous waste accurately explain how the mixing of a determination at § 262.11 when mixing for the purpose of completing the hazardous waste with a solid waste may a hazardous waste with a solid waste. Biennial Report, when applicable. affect a generator’s category c. What changed since proposal? As Finally, EPA added the language in determination for the calendar month. discussed previously, the Agency made § 262.13(e) upon determining that 2. Clarifying that a VSQG mixing a significant number of clarifying although the purpose of the section is to hazardous waste with solid waste can changes in the final rule for this lead the generator through counting its remain subject to § 262.14, even though provision based on review and hazardous waste for the purpose of the mixture may exceed the VSQG evaluation of comments. These include determining the correct generator quantity limits (either 100 kg per month the following: Moving the relevant category, the proposed regulations did generated or 1,000 kg accumulated on proposed provisions of §§ 262.14, not include the final step in the process. site at any one time) unless the mixture 262.16 and 262.17 applicable to Effect of the Reorganization: This exhibits one or more of the mixtures of hazardous waste and solid section is partially affected by the characteristics of a hazardous waste. If waste to § 262.13 (f); stating that SQGs reorganization. Some of the language in the resultant mixture exhibits a and LQGs are subject to the mixture rule § 262.13 on what materials to count hazardous waste characteristic, the found in §§ 261.3(a)(2)(iv), (b)(2) and when determining generator category VSQG must add the quantity from the (3), and (g)(2)(i); stating that SQGs and moved from previous § 261.5, but much resulting mixture with any other LQGs must comply with § 268.3(a), of this regulation is new text. Section VI regulated hazardous waste generated in which prohibit’s impermissible dilution of this preamble discusses the the calendar month and determine to avoid regulation; for all generators, reorganization. whether the total quantity generated stating that both the hazardous waste 2. Mixtures of Non-Hazardous Waste exceeds the generator calendar month portion generated from mixing and the and Hazardous Waste quantity identified in the definition of hazardous waste generated in a calendar a. Introduction. In an effort to explain generator categories found in 40 CFR month must be counted for establishing how mixtures of non-hazardous waste 260.10. the generator category for that month; (solid waste) and hazardous waste affect 3. For both SQGs and LQGs: and stating that all generators must make a hazardous waste determination generator category determinations, the a. Reemphasizing that both the for their mixed waste. Agency proposed a series of hazardous waste portion of the resulting d. Major comments. Many modifications in §§ 262.14, 262.16 and mixture and other amounts of hazardous commenters supported the proposed 262.17 for VSQGs, SQGs and LQGs, waste generated in a calendar month changes to include the application of respectively. The proposed rule also must be counted towards a generator’s the mixture rules in a generator’s discussed how SQGs and LQGs are category determination. subject to the mixture rules in § 261.3. regulatory category determination. b. Making SQGs and LQGs aware of Others, however, requested greater As explained in the preamble to the the § 268.3(a) prohibition of proposed rule on page 57928, this clarity and specificity regarding these impermissible dilution of a hazardous regulatory provisions. They asked for an clarification was also designed to clarify waste with a solid waste to the language that was found at explanation of the parameters allowed decharacterize the hazardous waste. The when mixing a solid waste and a §§ 261.5(h) and (i) which addressed the regulation at 40 CFR 268.3(a) states, mixing of hazardous waste and non- hazardous waste. They also asked for ‘‘. . . no generator, transporter, handler, clarification about when an SQG or LQG hazardous waste by a VSQG and the or owner or operator of a treatment, implications to its generator category if that mixes a characteristic hazardous storage, or disposal facility shall in any waste with a solid waste and generates the mixture is determined to be a way dilute a restricted waste or the hazardous waste. The language a mixture that no longer exhibits the residual from treatment of a restricted hazardous characteristic must also meet specifically addressed how the waste as a substitute for adequate regulations apply when VSQG the treatment standards found at treatment to achieve compliance § 268.40, and a clarification that a hazardous waste is mixed with non- (emphasis added) with Subpart D of this hazardous solid waste and the resulting hazardous waste determination is also part . . .’’ In particular, if a solid waste required for wastes resulting from combination exceeds the VSQG quantity is mixed with a characteristic hazardous limits. mixing of solid waste and hazardous waste, the solid waste must provide a waste. EPA made adjustments to b. What is EPA finalizing? The useful and effective contribution to de- Agency is finalizing the regulations § 262.13(f) in response to these characterizing the hazardous waste (i.e. comments where appropriate. applicable to generators mixing possess a unique property to remove the hazardous waste with solid waste as One commenter pointed out that the hazardous characteristic from the applicable regulations for mixtures are follows: hazardous waste instead of merely 1. Moving the proposed relevant unrelated to the conditions for an diluting it). provisions of §§ 262.14(b), 262.16(d) exemption from operating without a and 262.17(f) applicable to mixtures of c. Stating that SQGs and LQGs are permit and therefore, the requirements hazardous waste and solid waste to subject to the regulations applicable to applicable to mixtures do not belong § 262.13(f). The act of mixing a solid mixtures found in § 261.3(a)(2)(iv), under §§ 262.14, 262.16, and 262.17. waste and a hazardous waste is not the (b)(2) and (3), and (g)(2)(i). The Agency agrees these are valid same as a generator accumulating d. Stating that SQGs or LQGs that mix hazardous waste, nor is the act of a characteristic hazardous waste with a 33 Also see EPA document, Land Disposal mixing in any way related to the solid waste to remove any hazardous Restrictions: Summary of Requirements, U.S. EPA characteristics are subject to the Office of Solid Waste and Emergency Response and conditions for exemption from Office of Enforcement and Compliance Assurance, permitting. The purpose of moving the treatment standards found at § 268.40, EPA–530–R–01–007, Revised August 2001.
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comments and has incorporated these releases and in ensuring that, in the downstream handlers, emergency changes as already described. event of a release, the response to the personnel, and EPA and state inspectors Effect of the Reorganization: This incident is appropriate for the materials know as much as possible about the section is affected by the reorganization. being stored.’’ 34 Accordingly, EPA potential hazards of the contents in The mixing provisions for VSQGs that proposed to strengthen the marking and containers being accumulated, are now found in § 262.13 were labeling for containers and tanks transported, and managed, whether on previously located in § 261.5(i) and (h). throughout the cradle to grave site and/or off site, so that the hazardous The reorganization is discussed in management chain, including for SAAs, wastes are managed in an section VI of this preamble. SQGs, LQGs, VSQGs that send their environmentally sound manner. D. Very Small Quantity Generator hazardous waste to LQGs under the Therefore, EPA proposed that SQGs and Conditions for Exemption (40 CFR same control, episodic generators, LQGs must indicate the hazards of the 262.14) transfer facilities, and TSDFs. The contents of the containers while giving Agency proposed consistent changes for them flexibility in how to comply with The regulations for VSQGs have marking and labeling throughout the this new provision. That is, we moved, with some changes, from their regulations, and many of the comments proposed that generators could indicate previous location in § 261.5 to § 262.14 we received on the topic marking and the hazards of the contents of the as part of the reorganization of the labeling are relevant throughout, so the container using any of several generator regulations. Although there primary discussion of those changes established methods, including, but not are some changes to these regulations, will be in this section. In certain limited to an EPA hazardous waste they were mainly relocated from one instances, specific aspects of the characteristic(s) (ignitable, corrosive, part to the other. Please see section VI marking and labeling requirements are reactive or toxic); a hazard class label of this preamble for a discussion of the addressed in other sections of this consistent with the DOT requirements at reorganization and for an overview of preamble, such as with VSQGs that send 49 CFR part 172 subpart E (labeling); a the new § 262.14. their hazardous waste to LQGs under label consistent with the OSHA Hazard E. Marking and Labeling and Hazardous the same control, episodic generators, Communication Standard at 29 CFR Waste Numbers (40 CFR 262.15(a)(5), and SQGs and LQGs that accumulate on 1910.1200; a chemical hazard label 262.16(b)(6), 262.17(a)(5), 262.32(b)–(d), drip pads and in containment buildings. consistent with NFPA code 704; or a 263.12(b) and 268.50(a)(2)(i) 1. Marking and Labeling for SQGs and hazard pictogram consistent with the This section discusses the final rules LQGs With Containers in SAAs (40 CFR United Nations’ Global Harmonized associated with the marking and 262.15(a)(5)) System (GHS). We also proposed that generators could also use any other labeling of hazardous waste a. Introduction. The previous marking or labeling commonly used accumulated on site by SQGs and LQGs regulations for SAAs in § 262.34(c)(1)(ii) nationwide in commerce that would in containers and tanks. This section required an SQG or LQG to mark its alert workers and emergency responders also addresses the marking and labeling SAA containers ‘‘either with the words to the nature of the hazards associated requirements for (1) hazardous waste ‘Hazardous Waste’ or with other words with the contents of the containers. transporters that store containers of that identify the contents of the hazardous waste at transfer facilities containers’’ [emphasis added]. The These proposed changes were (see 40 CFR 263.12) and (2) TSDFs that Agency proposed two modifications to designed to alert workers, emergency store containers of hazardous waste strengthen the labeling and marking responders, and others to the potential under the storage prohibition of the land regulations for containers accumulating hazards posed by the contents of a disposal restriction requirements at 40 hazardous waste in SAAs. First, EPA container. Identifying the hazard CFR 268.50(a)(2)(i). Lastly, in this proposed to change the ‘‘or’’ to an ‘‘and’’ increases awareness to workers and section, we discuss the application of and thus require that generators mark others who might come into contact EPA hazardous waste codes to containers in the SAA with both the with the hazardous waste container and containers prior to shipment off site to words ‘‘Hazardous Waste’’ and ‘‘other reduces potential risks to human health a designated facility. words to identify the contents of the and the environment from container The regulatory changes EPA proposed container.’’ Although the words mismanagement. EPA reasoned that the to the marking and labeling for waste ‘‘Hazardous Waste’’ are important to pre-transport requirements of part 262 accumulation units are designed to convey that the container contains a subpart C already require hazardous enhance three critical areas: Risk waste, as opposed to a product, and that waste generators to comply with the communication, emergency a hazardous waste determination has DOT labeling/marking requirements of preparedness and prevention, and the been made for the contents, it does not 49 CFR part 172. By requiring generators accuracy of hazardous waste convey more practical information to include information on container determinations. Although labeling may regarding the contents of the container labels while on site, the Agency appear to be an inconsequential that workers must be familiar with for proposed that generators perform a task ‘‘paperwork’’ exercise, it is, in fact, purposes of on-site handling. that is already required when preparing vitally important to ensuring that waste Second, while the words ‘‘Hazardous the container prior to transporting the is identified and managed properly. Waste’’ on containers provide some hazardous waste off site for subsequent Without proper labeling, hazardous measure of information regarding the waste management. Because, in most waste may be mismanaged as non- contents, this information fails to cases the hazardous waste will be hazardous waste, or as the wrong type describe the specific hazards of the shipped off site and thus be subject to of hazardous waste, which could cause contents and what risk these wastes DOT regulations, we proposed that harm to human health and the could pose to human health and the SQGs and LQGs could use the DOT environment. As one commenter stated, environment. EPA believes it is hazard class labels to comply with the ‘‘The department appreciates the important that employees, transporters, new labeling and marking regulation for opportunity to revisit this important containers in SAAs. However, we topic, as we believe [it] is of critical 34 Missouri Department of Natural Resources, proposed several alternatives to using importance in both the prevention of EPA–HQ–RCRA–2012–0121–0223. DOT hazard labels (as noted previously)
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from which generators could choose to comments regarding the marking and and the practicality of the proposed indicate the hazards of the container. labeling changes throughout the requirements, although one commenter In summary, EPA proposed to modify proposed rule. In response to comments, noted it had similar marking and the marking and labeling regulations for we have simplified the proposed labeling procedures in place for over SAAs to require SQGs and LQGs to marking and labeling for containers in twenty years and they worked very mark containers with the following: (1) SAAs by eliminating the requirement well.38 Several commenters, particularly The words ‘‘Hazardous Waste’’; (2) other that SQGs and LQGs mark their emergency responders, expressed a words that identify the contents of the containers with words that identify the preference for identifying the hazards of containers (examples which may contents of their containers. the contents over identifying the include, but are not limited to the name Commenters argued, and EPA agrees, contents in the container. In large part, of the chemical(s), such as ‘‘acetone’’ or that a requirement to identify the this expressed preference helped EPA ‘‘methylene dichloride,’’ or the type or contents of a container could be subject decide to retain the requirement to class of chemical, such as ‘‘organic to much interpretation and problems identify the hazards of the contents and solvents’’ or ‘‘halogenated organic with implementation and compliance eliminate the requirement to identify solvents’’ or, as applicable, the proper could emerge. One commenter the contents of the container. shipping name and technical name suggested that EPA’s regulations should Some commenters had the markings used to comply with DOT not interfere with a practice that is often misperception that we are requiring the requirements at 49 CFR part 172 subpart already done as a best management use of DOT hazard class labels on D); and (3) an indication of the hazards practice.35 Another commenter containers during on-site accumulation. of the contents of the container. suggested that we allow generators to In actuality, the Agency is providing Examples of hazards include, but are choose between identifying the contents flexibility to generators in how they not limited to, the applicable hazardous of the container and identifying the identify the hazards of the hazardous waste characteristic(s) (i.e., ignitable, hazards of the contents.36 EPA waste in the container, and using DOT corrosive, reactive, toxic); a hazard class considered this option, but concluded hazard communication such as hazard label consistent with the DOT the potential for interpretation and class labels (or placards, if appropriate) requirements at 49 CFR part 172 subpart implementation problems would remain is one option for complying with this E (labeling); a label consistent with the for those generators that chose the requirement. In fact, one commenter OSHA Hazard Communication Standard option of identifying the contents of the supported EPA’s approach of ‘‘giving at 29 CFR 1910.1200; a chemical hazard container and, therefore, decided generators options to accomplish this label consistent with the NFPA code against this approach. Nevertheless, strengthened communication.’’ 39 704; or a hazard pictogram consistent while the Agency is not finalizing the However, as a matter of practicality, it with the United Nations’ GHS. EPA also requirement that generators identify the would benefit many generators to proposed that SQGs and LQGs could contents of their containers, we not only consider the use of DOT hazard use any other marking and labeling encourage, but would expect, that communication, since such a method commonly used nationwide in generators would identify the contents would not only satisfy EPA’s commerce that would alert workers and of hazardous waste in their containers requirement, but it may also satisfy DOT emergency responders to the nature of considering both the operational and requirements when the wastes are the hazards associated with the contents potential downstream regulatory shipped off site to a RCRA-designated of the containers. EPA did not propose problems that would likely emerge if the facility, such as an interim status or to change the existing requirement for contents were not identified. As one permitted TSDF. It is important to note when the SAA maximum accumulation commenter noted, ‘‘it is a best that if generators choose to identify the volumes are exceeded, to ‘‘mark the management practice for generators to hazards of the contents of their container holding the excess know the nature of the wastes they containers using the DOT, OSHA or accumulation of hazardous waste with generate and accumulate, as well as for NFPA labeling methods, those methods the date the excess amount began emergency responders to know the must be used appropriately. accumulating’’ (40 CFR 262.34(c)(2)). nature of the wastes they may Furthermore, if a method other than b. What is EPA finalizing for the encounter.’’ 37 One other minor change DOT hazard communication is used marking and labeling of containers in is that we removed the mention of the while the waste is accumulating on site, SAAs? The final regulations for marking United Nations Globally Harmonized when the waste is shipped off site, and labeling of containers in SAAs System (GHS) as a means of identifying generators and transporters must ensure require SQGs and LQGs to mark the hazards of the contents of the that those markings and labels are containers with the following: (1) The container. Now that OSHA has aligned located away from and do not obscure words ‘‘Hazardous Waste’’; and (2) an its regulations with the GHS, it is no DOT marking and labeling.40 indication of the hazards of the contents longer necessary to identify the GHS A number of commenters also had the of the container including, but not separately. misperception that the requirement for limited to, the applicable hazardous d. Major comments. While some identifying the hazards of the contents waste characteristic(s) (i.e., ignitable, commenters supported our proposed is duplicative with OSHA requirements corrosive, reactive, toxic); hazard marking/labeling regulations, many and/or DOT requirements. On the communication consistent with the other commenters objected to the contrary, EPA notes that the marking DOT requirements at 49 CFR part 172 burden imposed by the additional subpart E (labeling) or subpart F marking/labeling requirements. 38 Savannah River Site, EPA–HQ–RCRA–2012– (placarding); a hazard statement or Commenters questioned the benefits 0121–0092. 39 Institute of Makers of Explosives, EPA–HQ– pictogram consistent with the OSHA RCRA–2012–0121–0126. 35 Hazard Communication Standard at 29 Colorado Department of Public Health and 40 See 49 CFR 172.304(a)(4) which requires DOT CFR 1910.1200; or a chemical hazard Environment (CDPHE), EPA–HQ–RCRA–2012– markings to be ‘‘located away from any other label consistent with the NFPA code 0121–0085. marking (such as advertising) that could 36 Department of Energy, EPA–HQ–RCRA–2012– substantially reduce its effectiveness. Also see 49 704). 0121–0123. CFR 172.406(f) which states that a ‘‘label must be c. What changed since proposal? The 37 Savannah River Site, EPA–HQ–RCRA–2012– clearly visible and may not be obscured by Agency received a large number of 0121–0092. markings or attachments.
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and labeling of containers is not secondary container.43 Alternatively, as hazardous wastes in containers located duplicative of other regulations: OSHA one commenter suggested, generators in CAAs. SQGs and LQGs accumulating Hazard Communication does not apply using small containers may attach a tag hazardous waste in containers must to hazardous waste (See 29 CFR to a container to comply with the mark their containers with the words 1900.1200(b)(6)(i)) and DOT marking and labeling requirements.44 ‘‘Hazardous Waste.’’ SQGs and LQGs requirements only apply during Third, if a hazardous waste is in a also must mark and label their transportation. In fact, under the RCRA container that already has the containers with an indication of the rules being finalized in this rulemaking, appropriate marking and labeling (e.g., hazards of the contents of the the Agency believes it is closing a the hazardous waste is an unused containers. Examples of hazards loophole for hazard communication for commercial chemical product that is in include, but are not limited to, the hazardous wastes accumulated on site. its original container with an intact applicable hazardous waste On a separate but related matter, one label), the existing marking and labeling characteristic(s) (i.e., ignitable, commenter reminded EPA that OSHA would be sufficient. The generator corrosive, reactive, toxic); hazard has new regulations for hazard would not need to duplicate the communication consistent with the communication that align with the GHS marking and labeling, assuming the DOT requirements at 49 CFR part 172 system and that the regulated original label contains the information subpart E (labeling) or subpart F community needs to adjust to these necessary to comply with the marking (placarding); a hazard statement or before RCRA changes are adopted.41 and labeling requirements. pictogram consistent with the OSHA OSHA’s transition to the GHS Hazard Communication Standard at 29 2. Marking and Labeling for SQGs and regulations have been phased in over CFR 1910.1200; or a chemical hazard LQGs With Containers in CAAs (40 CFR time, with June 1, 2016, as the final label consistent with the NFPA code 262.16(b)(6) and 262.17(a)(5)) phase-in date. These RCRA final 704. Also, as discussed in section regulations will not be effective in most a. Introduction. The previous LQG IX.E.7, SQGs and LQGs are required to states until the authorized state adopts and SQG regulations in § 262.34(a)(3) mark their containers with the the revised regulations, and therefore, and § 262.34(d)(4), respectively, applicable EPA hazardous waste most generators will have ample time to required each container to be labeled or number(s) prior to shipping their plan for these RCRA marking and marked clearly with the words, containers off site to a RCRA-permitted labeling changes before they become ‘‘Hazardous Waste.’’ The Agency TSDF. effective. Furthermore, generators may proposed two modifications to The marking and labeling choose to use the OSHA/GHS system for strengthen the labeling and marking for requirements for containers in CAAs are identifying the hazards of the contents SQGs and LQGs accumulating consistent and identical to the marking of their containers and thereby reduce hazardous waste in containers. In order and labeling requirements for hazardous the burden of learning additional to provide continuity and consistency, wastes accumulated in containers marking/labeling mechanisms. It is these changes were similar to those located in SAAs. For the reasons cited important to note, however, that EPA is proposed for containers in satellite under the SAA discussion (i.e., requiring only that the hazards of the accumulation areas (see section IX.E.1.) simplifying requirements, avoiding contents are identified. And although First, the Agency proposed that SQGs implementation problems, responding generators may use the OSHA/GHS and LQGs accumulating hazardous to commenter concerns), EPA is system to comply with this provision, waste in containers mark them with the finalizing the same marking and we are not requiring full OSHA/GHS words ‘‘Hazardous Waste.’’ Second, EPA labeling requirements for hazardous compliant marking and labeling for proposed that SQGs and LQGs mark or wastes accumulated in containers hazardous wastes. For our purposes, an label their containers in CAAs with located in CAAs and SAAs. The only OSHA/GHS hazard statement or ‘‘other words that identify the contents difference is that SQGs and LQGs must pictogram would be sufficient. of the containers.’’ Third, we proposed mark or label containers in SAAs with Finally, commenters asked EPA to that SQGs and LQGs mark and label the date that maximum volumes (or clarify several aspects of the container their containers with an indication of mass) are exceeded, while SQGs and marking and labeling requirements. the hazards of the contents. EPA stated LQGs must mark or label containers in First, one commenter asked us to that this approach would establish CAAs with the date the hazardous waste specify that the labeling should occur at consistency between the marking and first began accumulating. Both of these the initial point of generation.42 We labeling practices of hazardous wastes dating requirements are existing concur with this commenter that the accumulated in containers in SAAs and requirements that remain unaffected by marking and labeling requirements CAAs, and thereby allowing some this final rule. apply at the point of generation of the degree of business efficiency as c. What changed since proposal? For hazardous waste which is both the time containers are moved from SAAs into the same reasons discussed under CAAs. We did not propose to change the and place where the hazardous waste is section IX.E.1, the Agency is not existing provision that requires SQGs initially generated. Second, in keeping finalizing the requirement for SQGs and and LQGs to mark clearly and visibly with existing EPA guidance, generators LQGs with CAAs to mark or label their the date accumulation began on each would be able to continue to mark containers with ‘‘other words that container and make that marking visible outer/secondary containers, such as identify the contents of the container.’’ for inspection. labpacks, color-coded bins, etc. with the b. What is EPA finalizing? The 3. Marking and Labeling for SQGs and words ‘‘Hazardous Waste’’ and the Agency is finalizing the following LQGs With Tanks in CAAs (40 CFR hazards of the hazardous waste instead marking and labeling provisions for 262.16(b)(6)(ii) and 262.17(a)(5)(ii)) of marking a small container (e.g., tubes, SQGs and LQGs accumulating a. Introduction. The Agency also vials, etc.) that is placed inside the proposed a number of changes to 43 See Robert Springer, Director of Office of Solid improve the marking and labeling of 41 Tennessee Chamber of Commerce & Industry, Waste to RCRA Directors, Regions 1–10, Frequently EPA–HQ–RCRA–2012–0121–0225. Asked Questions About Satellite Accumulation hazardous wastes accumulated in tanks 42 Tennessee Department of Environment and Areas, March 17, 2004. by both SQGs and LQGs at Conservation, EPA–HQ–RCRA–2012–0121–0116. 44 Carl Severn, EPA–HQ–RCRA–2012–0121–0079. § 262.16(b)(6)(ii) and § 262.17(a)(5)(ii),
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respectively. Specifically, the Agency always be practical or even desirable. divided by the difference between the proposed that SQGs and LQGs: (1) Mark For instance, some hazardous waste outflow and the inflow (10,000/500 = or label their tanks with the words accumulation tanks are outside and 20). The resulting residence time is 20 ‘‘Hazardous Waste’’; (2) use inventory having records in close proximity would days. logs, monitoring equipment, or records mean that the records would be exposed d. Major comments. Commenters were to identify the contents of the tank and to the elements. In response to supportive of the proposed changes for its associated hazards; (3) use inventory comments, we have modified the marking and labeling of tanks with the logs, monitoring equipment or records regulations so that the records must be words ‘‘Hazardous Waste’’ and to identify the date each period of kept on site and readily available for maintaining records that prove the accumulation begins; and (4) keep inspections. Ideally these records will amount of time hazardous waste inventory logs or records with the above be in close proximity to where remained in the tank did not exceed information in close proximity to the hazardous waste is being accumulated either 90 or 180 days for LQGs and tank. in the tank, or if not practical (i.e., SQGs, respectively. One commenter b. What is EPA finalizing? EPA is exposure to weather, physically mentioned, and EPA agrees, that the finalizing the following marking and infeasible, etc.) in a control room, or markings must be visible and legible to labeling requirements for SQGs and other central location at the facility. a person observing the tank. Another LQGs accumulating hazardous waste in Third, the Agency changed the dating commenter supported the options we tanks: (1) While hazardous wastes are requirement for tanks at SQGs and LQGs proposed for indicating the hazards of being accumulated on site, SQGs and so that instead of using logs, monitoring tanks, noting that it will help generators LQGs must mark their tanks with the equipment or records to identify when be able to choose the method that work words ‘‘Hazardous Waste’’; (2) the 180- or 90-day accumulation period best for their facility. Several consistent with the revised begins, generators must use logs, commenters were supportive of the requirements for the marking and monitoring equipment or other records flexibility provided to generators to labeling of containers, SQGs and LQGs to demonstrate that hazardous waste is prove the amount of time hazardous must mark or label their tanks with an either emptied or removed from the tank waste remained in the tank (e.g., indication of the hazards of the within 180 or 90 days, with the final inventory logs, monitoring equipment, contents. Examples of hazards include, regulations now addressing both batch or records). EPA notes that generators but are not limited to, the applicable and continuous flow processes. While may use paper or electronic records, hazardous waste characteristic(s) (i.e., the Agency discussed both types of provided they are on site and readily ignitable, corrosive, reactive, toxic); processes in the preamble to the available for inspection. Several hazard communication consistent with proposed rule, the regulatory text in the commenters expressed concern that the DOT requirements at 49 CFR part proposed rule failed to address EPA did not explicitly discuss tanks 172 subpart E (labeling) or subpart F continuous flow processes. SQGs and with continuous flow processes in the (placarding); a hazard statement or LQGs with batch process tanks must proposed regulatory text (though they pictogram consistent with the OSHA demonstrate that their tanks are emptied are discussed in the preamble to the Hazard Communication Standard at 29 every 180 or 90 days, respectively. proposed rule). As discussed CFR 1910.1200; or a chemical hazard However, the Agency recognizes that previously, the Agency has revised the label consistent with the NFPA code when hazardous waste is accumulated regulatory text of the final rule to 704); (3) use inventory logs, monitoring in tanks with continuous flow processes explicitly address these comments. equipment, or other records to it may not be possible for SQGs and 4. Marking and Labeling for SQGs and demonstrate that hazardous waste has LQGs to demonstrate that a tank is been emptied within 180 days for SQGs emptied every 180 or 90 days, LQGs With Drip Pads and Containment (or 90 days for LQGs) of first entering respectively, from when the hazardous Buildings the tank if using a batch process, or in waste first entered the tank. Therefore, In the proposed rule, the Agency the case of a tank with a continuous generators with tanks with a continuous proposed marking and labeling flow process, demonstrate that flow process have flexibility in how to requirements for generators estimated volumes of hazardous waste demonstrate that hazardous waste has accumulating hazardous waste on drip entering the tank daily exit the tank been turned over (as opposed to pads and in containment buildings. within 180 days for SQGs (or 90 days for emptied) in a tank. For a continuous Upon review of comments and further LQGs) of first entering; and (4) keep flow process, this demonstration evaluation, the Agency now believes the inventory logs or records with the above involves a generator identifying the marking and labeling provisions for information on site and readily available estimated daily input or inflow of these type of units belongs more for inspections. hazardous wastes into the tank, the appropriately under the discussion of c. What changed since proposal? estimated outflow from the tank, and the waste accumulation regulations for Three changes were made between the the capacity of the tank to estimate how these types of units. Therefore, for proposed rule and the final rule. First, many days the hazardous waste will further discussion, the Agency directs consistent with the changes to container reside in the tank before exiting. the reader to section IX.G.— marking and labeling, SQGs and LQGs As an example, if a tank with a Accumulation of Hazardous Waste by are not required to identify the contents continuous flow process has a capacity SQGs and LQGs on Drip Pads and in of their tanks, although we strongly of 10,000 gallons, an inflow of Containment Buildings. recommend generators maintain records hazardous wastes of 1,000 gallons per identifying the contents of the tanks as day and an outflow estimated at 500 5. Marking and Labeling for Transfer a best management practice. Second, we gallons per day, then the expected Facilities (40 CFR 263.12(b)) have modified where inventory logs or residence time of the hazardous waste a. Introduction. The Agency proposed records for tanks must be kept. We had in the tank would be 20 days. The to change the marking and labeling proposed that the information must be residence time would be calculated by requirements for transporters handling in close proximity to the tank. first subtracting the daily outflow from hazardous waste in containers at Commenters indicated that having the daily inflow (1,000 ¥ 500 = 500). transfer facilities, found at § 263.12(b), records in close proximity may not Then the tank capacity would be to be consistent with the proposed
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changes for marking and labeling for when such consolidation occurs, the 6. Marking and Labeling for TSDFs With containers for SQGs, for LQGs, and in transporter will also be required to mark Containers and Tanks (40 CFR SAAs. More specifically, EPA proposed or label the container with the 268.50(a)(2)(i)) that transporters storing hazardous applicable RCRA waste codes, in a. Introduction. As part of its effort to wastes in containers at transfer facilities compliance with § 262.32(b) or (c). improve risk communication with mark the containers with the following: c. What changed since proposal? respect to the management of hazardous (1) The words ‘‘Hazardous Waste’’; (2) waste, the Agency also proposed other words that identify the contents of First, consistent with the marking and labeling requirements being finalized in changing the regulations for marking the containers, with examples that may and labeling containers at TSDFs in include, but are not limited, the name several sections of this rule, transporters are not required to mark or label the § 268.50(a)(2)(i)—consistent with the of the chemical(s), or, as applicable, the proposed marking and labeling changes proper shipping name and technical container with its contents. However, the Agency expects that transporters, as for SAAs, SQGs, LQGs, and for transfer name markings used to comply with facilities. More specifically, EPA well as generators, will identify the DOT requirements at 49 CFR part 172 proposed that TSDFs storing hazardous contents of the container as a best subpart D; and (3) an indication of the wastes in containers mark their hazards of the contents of the container. management practice. Second, as containers with the following: (1) The In addition to these proposed changes, discussed elsewhere, in cases where a words ‘‘Hazardous Waste’’; (2) other EPA also proposed to require that transporter must mark its containers words that identify the contents of the containers of hazardous waste at with the applicable EPA hazardous containers, with examples that may transfer facilities be labeled with the waste codes, they will have flexibility in include, but are not limited, the name applicable EPA hazardous waste how they comply. Third, because of the chemical(s), or, as applicable, the number(s) (EPA hazardous waste codes), containers at transfer facilities are, by proper shipping name and technical which would help the TSDF receiving definition, in transport, DOT marking name markings used to comply with the hazardous waste comply with the and labeling apply to them. As a result, DOT requirements at 49 CFR part 172 LDR regulations in 40 CFR part 268. we have removed the proposed The Agency proposed these subpart D; and (3) an indication of the modifications to ensure hazardous requirement to identify the hazards of hazards of the contents of the container. wastes are appropriately labeled and the container, since it would be The Agency also proposed that marked throughout its cradle-to-grave duplicative of (and possibly even containers must be labeled with the management, including transportation contradictory to) the DOT requirements. applicable EPA hazardous waste to a RCRA-permitted or interim status Fourth, consistent with the pre- number(s) (EPA hazardous waste codes), TSDF or to another transfer facility. transport requirements for SQGs and which help the TSDF comply with the Similarly, this additional information LQGs in § 262.32, the Agency is applicable land disposal restriction on the container would alert workers clarifying that the marking and labeling (LDR) regulations. The LDR regulations and other handlers to the contents of the applies to transporters using containers list many of the treatment standards container and the potential hazards of of 119 gallons or less (i.e., what DOT based on the hazardous waste code. In the materials therein. refers to as non-bulk packaging). the proposal, the Agency left unchanged In proposing these changes, the the pre-existing provisions of d. Major comments. Comments both Agency believed that, in almost all § 268.50(a)(2)(i), which require TSDFs to supported and opposed this provision. cases, containers received by the clearly mark each container to identify transfer facility would already be Critical comments questioned the need its contents and the date each period of marked and labeled by the generator, for this provision because generators are accumulation begins. and therefore, any additional burden on responsible for the marking and labeling b. What is EPA finalizing? The the transfer facility would be minimal. of containers that subsequently arrive at Agency is finalizing the requirement for However, in the preamble to the transfer facilities. Similarly, more than TSDFs to mark or label containers of proposed rule, the Agency identified one commenter questioned the need for hazardous waste with the words other situations where a transporter transporters to mark containers with the ‘‘Hazardous Waste,’’ an indication of the would be required to initiate the applicable EPA hazardous waste codes hazards of the contents, and the marking and labeling of a container; e.g., and discussed the problems requiring applicable EPA hazardous waste when the transporter consolidates two this information would cause to the numbers (waste codes) consistent with containers with the same hazardous waste management industry since they § 262.32(b)–(d). As with transfer waste into a new container or when it have well-established waste profile facilities, EPA expects almost all is able to combine and consolidate two systems that accomplish that function. incoming containers received by a TSDF different hazardous wastes that are One commenter also was critical of the will already have the appropriate compatible with each other and are able manner in which the regulatory text was marking and labeling information and, to be subsequently managed written whereby the Agency made it the therefore, that a TSDF will usually only need to mark or label a container consistently in compliance with the responsibility of the transporter to applicable regulations in parts 264, 265, themselves when receiving shipments ensure all marking and labeling 267, 268 and 270 of this chapter. from facilities that are neither SQGs nor b. What is EPA finalizing? The information is correct. Another LQGs. As an example, TSDFs may Agency is requiring that transporters commenter pointed out that as per DOT receive hazardous wastes directly from must mark or label containers with the regulations, rail cars used to accumulate VSQGs. Under the federal program, words ‘‘Hazardous Waste’’ when they and transport hazardous waste and VSQGs are not required to mark and consolidate the contents of two or more other bulk shipments do not have to be label their containers ‘‘Hazardous containers with the same hazardous labeled ‘‘Hazardous Waste’’ in transit. Wastes’’ and identify the hazards waste into a new container, or when the As discussed in an earlier section, the associated with the wastes in the transporter consolidates hazardous Agency took these comments into container. In this situation, the TSDF wastes that are compatible with each account when finalizing this rule. must mark or label the container with other. As discussed in section IX.E.7, the words ‘‘Hazardous Waste,’’ the
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applicable hazardous waste codes, and marking requirements at § 262.32 by These specific metals must be identified identify the hazards of the container. modifying § 262.32(b) to include the because § 268.42(c)(4) requires any Additionally, consistent with the pre- EPA hazardous waste number or code as incinerator residues from lab packs that existing regulations at § 268.50(a)(2)(i), a part of the marking requirements for contain any of these specific metals to TSDF must also continue to mark or containers, and also adding § 262.32(c) undergo further treatment prior to land label each container of hazardous waste to allow generators, transporters and disposal. to identify the contents of the container TSDFs, in lieu of § 262.32(b), to use a c. What changed from proposal? In and the date each period of nationally recognized electronic system, response to comments, the Agency is accumulation begins, regardless of such as a bar-coding system that is part providing needed flexibility in whether the TSDF receives the of a waste management industry’s waste complying with this requirement to containers from a VSQG, SQG, LQG, or profiling system, to identify the account for alternative ways of marking transfer facility. The Agency is also applicable EPA hazardous waste containers with EPA hazardous waste reiterating that if a TSDF generates its numbers. A waste profiling system codes. By doing so, the Agency is own hazardous waste, it must follow the typically consists of bar codes, scanners, accommodating existing processes used applicable RCRA generator regulations and an associated computer system. by many generators and the waste in part 262, including the marking and Waste management industry management industry. Also in response labeling provisions for containers and commenters indicated that they use bar to comment, we are providing an tanks. code electronic systems, similar to exception for lab packs that will be c. What changed since proposal? The commercial transport companies, to incinerated. Agency revised the marking and profile hazardous waste. Information d. Major comments. Several labeling requirements pertaining to often includes a description of the commenters pointed out that while identifying the hazards of the container, hazardous waste in terms of physical many generators still mark their consistent with changes in other parts of state, common name, hazard codes, LDR containers with the applicable EPA this rule (i.e., the SAAs, SQGs, LQGs, treatment standards, and DOT hazardous waste codes, the industry and transfer facilities marking and description.45 Some of these electronic trend is for generators to rely on their labeling requirements). systems also include the EPA hazardous waste handlers who have developed d. Major comments. The Agency waste numbers. This approach also sophisticated computerized systems that received few comments concerning this allows for the development of future use detailed waste profiling procedures provision of the rule. Some commenters technologies to accomplish the same with bar codes and scanners (similar to supported the proposed changes while function as the bar-coding system. The package shipping and other national other commenters stated that these Agency is providing this flexibility logistics companies). They use these changes were unnecessary. As discussed because while there is considerable systems to accurately identify previously, the Agency believes it has movement by generators and the waste individual drum contents and some responded to commenters who management industry in adopting the include the EPA hazardous waste expressed concerns by clarifying the use of electronic systems that contain numbers. As stated by one commenter, applicability of this provision. detailed waste profiling information, it TSDFs commonly prepare labels and 7. Hazardous Waste Numbers (Waste is neither universal nor mandatory. EPA shipping papers for their generator Codes) (40 CFR 262.32(b) and (c)) is requiring that SQGs and LQGs customers, and as part of this service, also utilize a waste profiling process a. Introduction. The Agency proposed include EPA hazardous waste codes, either by marking their containers or that fully describes the waste in terms § 262.32(c) to require SQGs and LQGs to of physical state, common name, hazard mark their containers with the through electronic means, to inform the receiving TSDF of the container’s codes, LDR applicability, and DOT applicable EPA hazardous waste 46 contents in order to ensure hazardous description. This commenter argues number (RCRA hazardous waste code) that to not allow this industry-wide prior to transporting their hazardous wastes are managed to meet the applicable LDR treatment standards. service to continue would only cause waste off site to a designated RCRA confusion to a well-established process. facility for subsequent management. For lab packs, which typically contain many different wastes, we are providing EPA agrees and has modified the EPA proposed this revision so that requirement accordingly. TSDFs can readily identify the contents an exception to the requirement to of hazardous waste containers they are include EPA hazardous waste numbers F. Revisions to Satellite Accumulation receiving from generators and if the lab packs will be incinerated. Area (SAA) Regulations for SQGs and effectively treat the wastes to meet Specifically, lab packs that will be LQGs (262.15) treated using the alternative treatment LDRs. As stated in the preamble to the Hazardous waste generators are standard of incineration, as allowed by proposed rule, the Agency believes most allowed, though not required, to use § 268.42(c), do not have to be marked or generators, or their designated waste SAAs, provided that the generators meet labeled with the EPA hazardous waste handlers, already mark their containers the conditions for their use. SAAs are numbers. However, lab packs that with the applicable EPA hazardous designed to assist generators who contain D004 (arsenic), D005 (barium), waste numbers prior to transporting generate and accumulate small amounts D006 (cadmium), D007 (chromium), their hazardous waste off site. As part of of hazardous waste in different areas of D008 (lead), D010 (selenium) or D011 this discussion, the Agency stated that their facilities. Alternatively, SQGs and (silver), the EPA hazardous waste by marking containers with EPA LQGs may choose to accumulate number must be marked or labeled with hazardous waste numbers, the overall hazardous waste only in CAAs rather the EPA hazardous waste numbers (or burden would be decreased because the than in SAAs. If an SQG or LQG does use electronic means may be used). TSDF would avoid the need to identify choose to accumulate hazardous waste the hazardous waste or send the waste in an SAA, the generator may back to the generator for proper 45 See comments from Veolia ES Technical Solutions LLC, EPA–HQ–RCRA–2012–0121–0181; accumulate a limited amount of identification. Environmental Technology Council, EPA–HQ– b. What is EPA finalizing? The RCRA–2012–0121–0134; Waste Management, EPA– 46 Environmental Technology Council, EPA–HQ– Agency is finalizing the pre-transport HQ–RCRA–2012–0121–0159 RCRA–2012–0121–0134.
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hazardous waste within each SAA. accumulation weight (1 kg or 2.2 lbs for reactive hazardous waste (D003) is Once that threshold is reached, the SQG solids). Fifth, we are clarifying the initially generated to be considered an or LQG must transfer the hazardous regulations for situations when the SAA.49 Finally, we will further discuss waste to a CAA. Alternatively, a maximum volume (or weight) is in the preamble what is meant by generator may accumulate hazardous exceeded in an SAA. Sixth, containers ‘‘under the control of the operator,’’ a waste within an SAA and never move used in SAAs will be subject to the term that is used in the SAA the waste to a CAA once the threshold strengthened marking and labeling regulations. These two non-regulatory is reached, but instead, ship the waste standards (note these marking and actions are discussed individually in directly off site to a RCRA designated labeling changes are the same as those detail later. facility (e.g., a TSDF). for containers in CAAs and were 1. Requiring SQGs and LQGs To Comply The Agency proposed six changes to discussed previously in section IX.E. of With the Special Requirements for the regulations for SAAs, now found at the preamble to this final rule). The Incompatible Wastes for Containers § 262.15. These six proposed regulatory seventh change being made to SAA Accumulating Hazardous Wastes in changes and the final regulatory changes regulations pertains to the applicability SAAs (40 CFR 262.15(a)(3)) are individually discussed here in of preparedness, prevention and detail. In addition to these six proposed emergency procedures. The eighth We proposed that SQGs and LQGs regulatory changes, EPA discussed two change is a minor wording change in accumulating hazardous waste in SAAs additional issues in the preamble to the response to a comment from the must comply with the special proposed rule: (1) Our intention to Association of State and Territorial requirements for incompatible wastes rescind a guidance memo regarding the Solid Waste Management Officials found at § 265.177. The regulations at accumulation of reactive (D003) (ASTSWMO).48 They recommend, and § 265.177 include three requirements (1) hazardous waste at locations away from we agree, that under § 262.15(a)(1), the incompatibles must not be placed in the the point of generation and (2) examples regulatory language should have the same container unless § 265.17 (b) 50 is to help generators better understand the word ‘‘immediately’’ added to state complied with, (2) hazardous waste term ‘‘under the control of the explicitly that if a container in an SAA must not be placed in an unwashed operator,’’ which is used in the SAA is leaking, the generator must container that previously held an regulations. These proposed changes immediately transfer the hazardous incompatible unless § 265.17 (b) is were in response to stakeholder requests waste to a container in good condition complied with and (3) a container for additional clarification, additional that does not leak (emphasis added). holding an incompatible must be flexibility or increased environmental Similarly, a generator has the option to separated from the other material by protection that have been expressed transfer a damaged or leaking container means of a dike, berm, wall, or other through the years in various to a CAA, also immediately, and we device. The Agency believes that in interactions, including the 2004 have added language to clarify that the developing the regulations for SAAs in Generator Initiative,47 with the CAA must be operated in compliance 1984, it inadvertently failed to account regulated community, as well as state with the CAA regulations. Therefore, for SQGs and LQGs that might and regional regulators. § 262.15(a)(1) now states that if a accumulate incompatible wastes. Most The Agency is finalizing these six container holding hazardous waste is commenters were supportive of proposed regulatory changes, with not in good condition, or if it begins to requiring SQGs and LQGs that minor modifications, along with three leak, the generator must immediately accumulate hazardous waste in SAAs to additional minor changes. These nine transfer the hazardous waste from this comply with the special requirements regulatory changes are all summarized container to a container that is in good for incompatible wastes found at individually here, and six of the condition and does not leak, or § 265.177, including a few states that changes are discussed in further detail immediately transfer and manage the said they already have corrected this later on. First, SQGs and LQGs that waste in a central accumulation area oversight in their state regulations. accumulate hazardous waste in SAAs operated in compliance with § 262.16(b) However, some commenters argued it will now be required to comply with the or § 262.17(a). The ninth change is was unnecessary to add it to the special requirements for incompatible rewording of § 262.15(a) to be consistent regulations because it is in a generator’s wastes found at § 265.177 (with minor with changes made to the SQG and LQG best interest to keep incompatibles revisions). Second, we are providing regulations to make it clear that an SQG separate and therefore they already regulatory flexibility by providing or LQG can choose to operate an SAA comply with this best management limited exceptions to the regulation and that the SAA is not required to practice at their SAAs. The Agency is requiring generators to keep containers comply with the SQG regulations of encouraged to hear from commenters closed at all times (with minor § 262.16(b) or LQG regulations of that they believe generators already revisions). Third, when maximum § 262.17(a), and is not required to have routinely segregate their incompatibles. volumes are reached in SAAs, we are a permit or interim status, and is not Nevertheless, for additional clarity and clarifying that generators will have three required to comply with parts 124, 264 to ensure generators that are not following these best management consecutive calendar days to remove the through 267, and 270, provided the practices adopt them, the Agency is hazardous waste from the SAA or come generator complies with the conditions finalizing the requirement that SQGs into compliance with the CAA of exemption for an SAA. regulations. Fourth, we are providing With regard to the non-regulatory 49 Letter from Marcia E. Williams, Director of additional flexibility to allow generators actions pertaining to SAAs that were EPA’s Office of Solid Waste, to Michael E. Young, that accumulate acute hazardous waste discussed in the proposed rule, we are Atlantic Research Corporation, January 13, 1988, in SAAs to choose between using a moving forward to rescind the January RCRA Online 11317. maximum accumulation volume (1 13, 1988 memo that allowed a storage 50 Section 265.17(b), which is entitled General requirements for ignitable, reactive, or incompatible quart for liquids) or maximum shed outside of a building where a wastes is in part 265 subpart B, the General Facility Standards that apply to interim status TSDFs. 47 In 2004, EPA held a series of public meetings 48 Association of State and Territorial Solid Waste Section 265.17(b) also applies to SQGs and LQGs to solicit input from stakeholders about the Management Officials (ASTSWMO), EPA–HQ– that accumulate ignitable, reactive, or incompatible generator regulations. RCRA–2012–0121–0217. wastes in CAAs.
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and LQGs accumulating hazardous surface impoundments. Containers are preamble to the proposed rule, we waste in SAAs comply with the part 265 the only type of waste accumulation indicated that the requirement to keep subpart I container management units allowed in SAAs. As previously the container closed applies when the standards for incompatible hazardous noted, these regulations were copied danger passes (e.g., the contents cool), wastes at § 265.177. We agree with the from the interim status TSDF and when the equipment is not in commenter who ‘‘view[s] this as a regulations, where these additional operation. However, these commenters codification of an existing safe waste accumulation units are allowed. thought the regulatory text should practice.’’ 51 At the time of proposal, the Agency include language to make our intent Several commenters objected to the inadvertently overlooked this and is clear. In response to these concerns, third requirement of § 265.177 in that therefore making conforming changes as EPA is finalizing this provision, as they felt it unnecessary and part of this rulemaking. proposed, with a minor addition. The impracticable to require that a container 2. Limited Exceptions To Keeping regulatory language has been modified holding an incompatible hazardous so that a container holding hazardous waste in an SAA be separated from the Containers Closed at all Times in SAAs waste must be closed at all times during other material by means of a dike, berm, (40 CFR 262.15(a)(4)) accumulation, except when adding, wall, or other device. This proposed The previous regulations for removing, or consolidating waste, or regulatory language was taken directly generators accumulating hazardous from the language in § 265.177, which waste in SAAs required containers when temporary venting of a container applies to interim status TSDFs, as well accumulating hazardous waste to be is necessary (1) for the proper operation as CAAs at SQGs and LQGs. The kept closed, except when it is necessary of equipment, or (2) to prevent commenters argue that a dike, berm or to add or remove waste dangerous situations, such as build-up wall would not be feasible in the (§ 262.34(c)(1)(i), which referenced the of extreme pressure (emphasis added). confines of an SAA, which is only container regulations for interim status EPA stresses it does not intend to create allowed to accumulate a maximum of 55 TSDFs in § 265.173(a)). We proposed to a loophole to the closed container gallons of hazardous waste. The Agency modify this provision for SAAs, now requirement or to allow intentional agrees that most SAAs would not found at § 262.15, in order to allow evaporation of hazardous waste. Rather, accommodate a dike, berm or wall. containers of hazardous waste in SAAs the intent of the flexibility is to address Although, the proposed regulatory to remain open under limited the limited cases in which ‘‘strict language also allows for ‘‘other circumstances. These changes pertain adherence to the ‘‘container closure’’ device[s],’’ to keep incompatibles only to containers accumulating requirements could substantially segregated, the Agency has decided to hazardous waste in SAAs; it will not increase a risk of a hazardous waste replace the regulatory language ‘‘by affect the requirements for container incident rather than decrease it.’’ 54 As means of a dike, berm, wall or other management at CAAs or interim status with the proposed rule, the flexibility device’’ with the phrase ‘‘by any TSDFs. Specifically, we proposed that for containers to remain open in specific practical means’’ in order to address containers of hazardous waste in SAAs situations applies only to containers in commenters’ concerns. One commenter may be open when it is necessary either SAAs because that is where hazardous provided an example of what they do to for the operation of equipment to which waste initially accumulates. At this avoid potential comingling of the SAA container is attached or to time, we are not extending this incompatible wastes in their CAA—they prevent dangerous situations, such as flexibility to containers accumulating in ‘‘. . . segregate incompatible wastes the build-up of extreme pressure or CAAs. onto separate pallets in the 90-day heat, because closing a container can be accumulation area. Pallets holding more dangerous than keeping it open 3. Clarify What Is Meant by ‘‘Three incompatible wastes are separated by at temporarily in those situations. Days’’ (40 CFR 262.15(a)(6)(i)) least one pallet width (i.e., the ‘‘pallet Stakeholders had identified situations The previous SAA regulations at footprint’’) in all directions. For where keeping SAA containers closed § 262.34(c)(2) stated that a generator example, a pallet of oxidizers and a can interfere with the operation of who accumulates either hazardous pallet of flammables cannot be placed equipment when the container is waste or acutely hazardous waste must, next to, above, or below each other.’’ 52 attached directly to the equipment via with respect to that amount of excess Another commenter suggested that drip piping or tubing. Stakeholders had also waste, comply ‘‘within three days’’ with trays, or secondary containers would be identified situations in which closing a more appropriate means to segregate container can be more dangerous than paragraph (a) of that section or other incompatibles accumulating in SAAs.53 keeping it open temporarily; for applicable provisions of the chapter. The Agency believes that either of these example, when the hazardous waste is Over the years, the Agency was practices constitute ‘‘any practical very hot. Therefore, EPA proposed to frequently asked what was meant by means,’’ and are allowed by the SAA modify the regulations to allow ‘‘three days.’’ As a result, the Agency regulations for separating incompatibles containers to be vented in such proposed to amend the regulations to in SAAs. situations. In 2008, the Agency finalized replace the term ‘‘three days’’ with EPA is making one additional minor these limited exceptions to the closed ‘‘three calendar days,’’ as opposed to revision to this section of the SAA container requirement as part of the ‘‘three business days’’ or ‘‘three working regulations. We are removing the Academic Laboratories rule (subpart K) days.’’ The Agency already clarified this reference to piles, open tanks and and thought they would benefit other term in a 2004 memo,55 which was generators as well. based on preamble discussions from the 51 University of Nebraska-Lincoln (UNL), Nearly all commenters supported this comment number EPA–HQ–RCRA–2012–0121– proposed change. However, some state 54 Minnesota Pollution Control Agency, EPA– 0121. commenters were concerned the HQ–RCRA–2012–0121–0232. 52 Stericycle, comment number EPA–HQ–RCRA– regulatory language was not sufficiently 55 Memorandum from Robert Springer, Director or 2012–0121–0127. EPA’s Office of Solid Waste, to RCRA Regional 53 Pacific Northwest National Laboratory, clear that this exception to requiring Directors, ‘‘Frequently Asked Questions About comment number EPA–HQ–RCRA–2012–0121– closed containers was intended for Satellite Accumulation Areas,’’ March 17, 2004, 0078. temporary situations only. In the RCRA Online 14703.
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proposed and final SAA regulations.56 maximum volume has been, until this that are liquids have a maximum As stated in the memo, ‘‘Originally, the rulemaking, 1 quart. When the SAA volume of 1 quart, and acute hazardous Agency had proposed to use 72 hours as regulations were finalized in 1984, EPA wastes that are solids have a maximum the time limit but realized that explained that 55 gallons was selected mass of 1 kg (or 2.2 lbs). The maximum determining when 72 hours had elapsed for non-acute hazardous waste in part thresholds for acute hazardous wastes would have required placing both the because it is the size of the most are not intended to be additive, so in date and time of day on containers. In commonly used accumulation cases where a generator has both liquid the final rule the Agency switched to container.58 EPA also explained in that and solid acute hazardous waste using three days so that generators only final SAA rule that 1 quart was chosen accumulating in an SAA, the 1 kg or 2.2 need to date containers that hold the for acute hazardous waste because it is lb limit will be applied. excess of 55 gallons of non-acute the volumetric equivalent of 1 kilogram In contrast, for non-acute hazardous hazardous waste (or 1 quart of acute of acute hazardous waste used waste, commenters indicated that the hazardous waste).’’ The Agency was elsewhere in the regulations 59 and that existing volumetric accumulation limit simply proposing to codify long- commenters expressed opposition to of 55 gallons for SAAs is sufficient and standing, existing policy on the issue of using a weight measure. Since then, that it is not necessary to add a mass what ‘‘three days’’ meant, as it is used however, stakeholders have indicated equivalent. Therefore, for non-acute in the SAA regulations. that the 1-quart volume maximum is not hazardous waste, 55 gallons will remain Comments on this issue were mixed, a practical way to measure the the only unit for measuring maximum with some commenters supporting the accumulation of some wastes, accumulation limits in SAAs. EPA codification of the policy, while others particularly non-liquid acute hazardous continues to rely on its existing preferred that we allow the term ‘‘three wastes. Therefore, we proposed to add interpretation that at an SAA where days’’ to mean ‘‘three business days’’ or a weight measurement 60 to the SAA more than one type of waste is ‘‘three working days.’’ Still others regulations for the maximum accumulated, the total allowable suggested that we take this opportunity accumulation of acute hazardous accumulation is 55 gallons of hazardous to lengthen the time frame to 5, 7, or wastes. Specifically, we proposed that 1 waste—not 55 gallons per waste even 10 days. Although many quart or 1 kilogram (2.2 pounds) of stream.61 commenters argued that we should acute hazardous waste may be One commenter asked for clarification allow ‘‘three working days,’’ one accumulated in an SAA. We proposed about whether the weight of the commenter conceded that, ‘‘due to that generators that accumulate acute packaging (such as fully dispensed vials differences in business schedules, this hazardous waste in SAAs would have that once held P-listed pharmaceuticals) becomes difficult to define in a rule.’’ 57 the choice of whether to use 1 quart or would have to be included in For example, some companies shut 1 kilogram, but they would be required determining the maximum mass or down completely for lengthy periods to identify which metric they choose. volume of an acute hazardous waste in around the holidays or during seasonal We did not propose to add a similar an SAA. In a February 17, 2016, memo, slowdowns. As a result, if we relied on weight equivalent to the 55-gallon EPA clarified that the container (e.g., ‘‘three working days,’’ it would create threshold for non-acute hazardous waste packaging) does not need to be included an uneven and unfair implementation of because stakeholders had not expressed when calculating the maximum this SAA provision. Further, it’s easy to a similar need; however, we did request accumulation volume of acute imagine a raft of implementation comment on whether it would be useful hazardous waste in an SAA.62 This questions that would ensue about the to have a maximum weight for the would also be the case when calculating definition of a ‘‘working day.’’ accumulation of non-acute hazardous the maximum accumulation weight Therefore, the Agency is finalizing this waste in SAAs. (mass) of acute hazardous waste in an provision, as proposed, with one minor Although some commenters did not SAA. revision. While in the preamble to the see the need for the additional 5. Modifying the Language for When the proposed rule we used the term ‘‘three flexibility for the accumulation of acute Maximum Volume or Weight Is consecutive calendar days,’’ in the hazardous waste in SAAs, most Exceeded in an SAA (40 CFR proposed regulatory language, we used commenters supported the change, with a minor revision. Specifically, 262.15(a)(6)) ‘‘three calendar days.’’ To promote the commenters suggested that, instead of most clarity, in the final rule, we will Previously, the regulation at allowing a generator to choose which use ‘‘three consecutive calendar days.’’ § 262.34(c)(2) stated that, when the unit to use, we should specify in the maximum volumes are exceeded in an 4. Providing a Maximum Weight for the regulations that the 1 quart maximum SAA, a generator ‘‘must, with respect to Accumulations of Acute Hazardous for acute hazardous waste in an SAA that amount of excess waste, comply Waste in Containers at SAAs (40 CFR should apply to liquids and the 1 kg within three days with paragraph (a) of 262.15(a)) maximum for acute hazardous waste in this section or other applicable The SAA regulations impose an SAA should apply to solids. We provisions of this chapter.’’ The Agency maximum volumes of hazardous waste agree with these commenters and we are proposed to reword this regulation in that may be accumulated in an SAA revising the final regulatory language for order to more clearly state the without a permit, or interim status, or SAAs so that acute hazardous wastes generator’s options for managing the complying with the central materials that exceed the limit. The 58 December 20, 1984; 49 FR 49569–70. accumulation area standards for SQGs 59 Though this is only a rough equivalent, as 1 or LQGs. For non-acute hazardous quart is an English unit and 1 kg is a metric unit. 61 Memorandum from Robert Springer, Director or waste, the maximum volume is 55 Further, as one commenter noted, whether 1 quart EPA’s Office of Solid Waste, to RCRA Regional gallons. For acute hazardous waste, the (or liter) is equivalent to 1 kg depends on the Directors, ‘‘Frequently Asked Questions About density of the waste (Iowa State University, EPA– Satellite Accumulation Areas,’’ March 17, 2004, HQ–RCRA–2012–0121–0099). RCRA Online 14703. 56 Proposed rule: January 3, 1983 48 FR 118; Final 60 As one commenter pointed out, 1 kg is more 62 Letter from Barnes Johnson, Director of EPA’s rule: December 20, 1984; 49 FR 49569. accurately a measurement of mass, not weight Office of Resource Conservation and Recovery, to 57 The Boeing Company, EPA–HQ–RCRA–2012– (Minnesota Pollution Control Agency, EPA–HQ– Charlotte A. Smith, PharmEcology Services, 0121–0133. RCRA–2012–0121–0232). February 17, 2016, RCRA Online 14875.
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proposed regulatory text stated that a removed from the area, not just the not proposed, although we did request generator who accumulates either non- ‘‘excess waste.’’ This would prevent comment, but are being added in the acute hazardous waste or acute situations in which only the ‘‘excess final rule in response to comments we hazardous waste listed in § 261.31 or waste’’ is removed time and time again, received on the proposed addition of § 261.33(e) in excess of the amounts leaving the remaining waste behind part 262 subpart M, which is discussed listed in paragraph (a)(1) of this section indefinitely.’’ 63 EPA agrees with CT more thoroughly in section XI of this at or near any point of generation must DEEP and, during the development of preamble. remove the excess from the satellite the proposed rule, we sought to revise accumulation area within three calendar this aspect of the SAA regulations. We 7. Rescinding a Memo Regarding days either to (1) a central accumulation also agree with CT DEEP that ‘‘In reality, Accumulating Reactive Hazardous area, (2) an on-site interim status or what happens in most cases is that the Waste Away From the Point of permitted treatment, storage, or disposal generator removes the older waste, and Generation facility, or (3) an off-site designated continues to accumulate the most- In a memo dated January 13, 1988, facility. The proposed regulatory text recently generated waste. For example, EPA wrote that a storage shed that is also stated that during the three- if a generator has a 55-gallon drum in calendar-day period, the generator must an SAA and that drum becomes full, the outside of a building where a reactive continue to comply with paragraphs generator might begin accumulating hazardous waste (D003) is initially (a)(1)(i) through (iv) of this section and newly generated waste in a second 55- generated could be considered an 65 must mark the container(s) holding the gallon drum.’’ Unfortunately, during the SAA. According to the company’s excess accumulation of hazardous waste development of the proposed rule, incoming letter to EPA, the Atlantic with the date the excess amount began EPA’s attempts to convey this idea Research Corporation (ARC) accumulating. The Agency did not view through regulatory changes were ‘‘manufactures solid rocket propellant. this as a substantive change to the SAA unsuccessful and therefore were not In it’s [sic] operations, ARC generates regulations. included in the proposed rule. waste chemicals which are accumulated We are finalizing this change, with Nevertheless, we endorse CT DEEP’s in containers located in storage sheds two minor changes to address description as a best management outside of the buildings generating the commenters’ concerns. First, practice for removing hazardous waste materials. The waste chemicals are commenters pointed out that the from an SAA. One alternative suggested accumulated outside of the buildings for proposed rewording of this section of by Wisconsin Department of Natural safety reasons due to the explosive the SAA regulations expands a Resources (WDNR) is to ‘‘clarify that a nature of the work conducted.’’ 66 generator’s options for where the excess full 55-gallon drum must be moved from There were no proposed regulatory hazardous waste can be sent when the the satellite accumulation area. As the changes associated with this action; maximum volumes (or mass) are proposed rule reads now, a full 55- however, in the preamble to the reached, but it removed the option that gallon drum may be under the satellite had originally existed to convert the proposed rule, EPA gave notice that it accumulation requirements indefinitely was proposing to revoke this SAA to a CAA and manage the because 40 CFR 262.15(a)(6) refers to hazardous waste in place. At the time of interpretation. EPA agreed with ARC excess amounts . . . If a satellite that in some instances it is safer to proposal, the Agency did not anticipate accumulation drum is at capacity it that generators would choose to convert accumulate hazardous waste away from should be moved into the central the initial point of generation, such as SAAs into CAAs. However, one accumulation area.’’ 64 Again, the commenter pointed out that some hazardous wastes that are explosive. Agency agrees that a full 55-gallon drum However, in the preamble to the generators do not have a CAA to move should be moved to a CAA. During the the waste to and therefore must manage proposed rule, EPA reasoned that, development of the proposed rule, we because SAAs are subject to less the SAA as an CAA when volumes (or considered rewording this section of the mass) are exceeded. In response to stringent conditions than CAAs, it is not proposed regulations as the WDNR comments, in the final rule the Agency appropriate for such dangerous suggested but we declined to use this has amended the regulatory text to hazardous wastes to be stored in SAAs. construct in the proposal out of concern retain the option to allow generators to Rather, EPA stated that if a generator that generators would be able to easily convert an SAA to a CAA when accumulates hazardous waste that is so circumvent our intent by not completely maximum volumes (or mass) are dangerous it needs to be accumulated filling a container before beginning to exceeded. Second, in this section of the away from the point of generation, it fill another container. SAA regulations, as well as other should be accumulated under the more sections of the SAA regulations, where 6. Preparedness, Prevention, and rigorous accumulation standards for we mention CAAs, we have inserted the Emergency Procedures for SQGs and central accumulation areas. citation for the CAA regulations. LQGs We received more than a dozen Other comments on this section of the EPA is adding paragraphs (a)(7) and comments on this action. Several SAA regulations were related to the (a)(8) to the SAA regulations in § 262.15 commenters supported the action to phrasing of the previous SAA to clarify that the preparedness, rescind the memo. Others, such as regulations that we did not propose to prevention, and emergency procedures Pacific Northwest National Laboratory change. Specifically, the Connecticut for SQGs and LQGs that are found in (PNNL), Utility Solid Waste Activities Department of Energy and § 262.16(b)(8) and part 262 subpart M, Group (USWAG) and Institute of Makers Environmental Protection (CT DEEP) respectively, extend to any SAAs on of Explosives (IME) supported it, but ‘‘believes that the revised language site, as well as CAAs. These specific should not focus on the ‘‘excess waste,’’ suggested that additional clarity was changes to the SAA regulatory text were but on the waste that was accumulated before the excess amount was generated. 65 Letter from Marcia E. Williams, Director of 63 Comment number EPA–HQ–RCRA–2012– EPA’s Office of Solid Waste, to Michael E. Young, That is, the rule should require that the 0121–0178. Atlantic Research Corporation, January 13, 1988, waste that was in storage before the 64 Comment number EPA–HQ–RCRA–2012– RCRA Online 11317. generation of the ‘‘excess waste’’ be 0121–0206. 66 Ibid.
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needed.67 We intend to rescind the CAA regulations do not prohibit commenting as part of the Association memo, as proposed, while addressing generators from moving hazardous of State and Territorial Solid Waste commenters’ concerns. First, not only waste from the SAA’s initial point of Management Officials (ASTSWMO) do SAAs have fewer regulations and generation to a CAA (e.g. magazine) and ‘‘believes as a general rule the SAAs in safeguards associated with them than back again to the SAA for further a manufacturing plant are not in locked CAAs, but the regulations require that accumulation. cabinets or in locked rooms. They are they must be ‘‘at or near the point of generally in centralized locations along 8. Examples of the Meaning of ‘‘Under generation.’’ EPA would not consider a the assembly lines so all the employees, the Control of the Operator’’ shed outside a building where the waste in several shifts, have access to them. is initially generated to be ‘‘at or near The previous SAA regulation at SAA closest to the assembly line the point of generation.’’ Nevertheless, § 262.34(c)(1) used the term ‘ ’’under the employees would be under their control as this term is not particularly specific, control of the operator,’’ as do the and be at or near the point of generation. implementing regulatory agencies will revised SAA regulations being finalized This state does not believe the regulated retain authority in determining what at § 262.15(a). EPA has not defined this community would agree to buying they consider ‘‘at or near the point of term in the regulations, has not several locked cabinets and placing generation.’’ discussed it in preamble and discussed them on the plant floor. It would be very Both PNNL and USWAG were it only minimally in guidance letters.69 inconvenient for the employees to run concerned that EPA was implying that However, over the years, the Agency has and look for the person with the keys to all reactive hazardous wastes (D003) received inquiries about what unlock the cabinet every time they need were required to be accumulated away constitutes ‘‘under the control of the to place waste in the SAA. The sites from the initial area of generation and, operator.’’ In an effort to assist have controlled access so the entire therefore, could not be accumulated in generators to better understand this term building would be under control of the SAAs. Additionally, PNNL was and to foster improved compliance with operator.’’ 71 The District of Columbia concerned that there might be a ‘‘Catch- the SAA provisions, the Agency (DC) Department of Energy and 22 where EPA does not allow remote provided examples in the preamble to Environment suggests that ‘‘ ’under accumulation and OSHA or the the proposed rule. For example, EPA control of the operator’ would not International Fire Code does not allow stated that it would consider waste to be include situations where the waste them to be accumulated at the point of ‘‘under the control of the operator’’ if cannot be seen unless the area is generation.’’ This was not our intent. the operator controlled access to an equipped with 24 hour video Our intent was that if, for safety reasons, area, building, or room in which the surveillance or 24 hour sensor which may be driven by fire codes or SAA is located, such as with entry by surveillance. DC also suggests adding OSHA regulations, a reactive hazardous access card, key or lock box. Another criteria such as: the area must be waste (or other hazardous waste, for that example EPA provided was if the monitored daily by trained personnel matter) needs to be accumulated away operator accumulates waste in a locked and access to the area must be limited from the initial area of generation, then cabinet and controlled access to the key, to prevent access by untrained that accumulation area should be even if the cabinet is stored inside a personnel or visitors.’’ 72 considered a CAA, not an SAA. EPA is room to which access is not controlled. In addition, one commenter not prohibiting remote accumulation; Commenters were concerned that EPA referenced an EPA memo that discussed rather, we are clarifying that it is more is imposing new requirements on SAAs. the term ‘‘under control of the To the contrary, the Agency requested 73 appropriate to regulate the remote operator.’’ EPA states: ‘‘The condition comment on this issue in the hope of accumulation area as a CAA than an that wastes accumulated under the developing a list of best management SAA. Likewise, EPA did not intend to satellite provision ‘be under control of practices that regulators and the suggest that all storage sheds would the operator of the process generating regulated community could rely on to necessarily be CAAs. For example, a the waste’ is met provided the generator fulfill this existing requirement. The storage shed that is located ‘‘at or near demonstrates that the personnel Agency deliberately did not propose any the point of generation’’ could be responsible for generating/or regulatory text to define the term ‘‘under considered an SAA. accumulating the waste have adequate the control of the operator.’’ In its comments IME said it ‘‘would control over the temporary storage of A number of commenters provided have no objection to rescinding this these wastes. The EPA recognizes that helpful examples of what they believe for many wastes, the person who first memorandum so long as the agency constitutes ‘‘under the control of the allows accumulated SAA waste to be generates the waste may not be the same operator’’ as it pertains to the SAA person responsible for the accumulation temporarily moved from the initial regulations. For example, the Oklahoma point of generation for purposes of of all of these wastes; rather, another Department of Environmental Quality worker may have responsibility of complying with the regulations of other ‘‘believes that the term ‘‘Under the federal agencies. For example, a number overseeing the temporary storage of control of the operator’’ has a much wastes.’’ The Agency then states that of IME member companies collect broader meaning than those examples in hazardous waste in containers at SAAs. ‘‘the goal is that this temporary the proposed rules; e.g. a situation accumulation is performed responsibly Regulations administered by the Bureau where the operator is regularly within of Alcohol, Tobacco, Firearms and and safely, with adequate oversight and view of the SAA during the course of control.’’ On a related matter, Explosives (‘‘ATF’’) require that these their job, or a situation where the containers be moved to a magazine at commenters asked EPA to clarify operator is expected to be able to whether an ‘‘operator’’ must be a single the end of a shift . . . The containers observe any individuals that may enter are returned to the SAA at the start of 70 or exit the SAA.’’ One state 71 68 Comment Number EPA–HQ–RCRA–2012– the subsequent shift.’’ EPA’s SAA and 0121–0217. 69 Letter from Sylvia K. Lowrance, Director of the 72 Comment Number EPA–HQ–RCRA–2012– 67 Comments EPA–HQ–RCRA–2012–0121–0078, Office of Solid Waste to Mr. D.B. Redington, 0121–0248. EPA–HQ–RCRA–2012–0121–0093 and EPA–HQ– February 23, 1993, RCRA Online 11728. 73 Letter from Sylvia K. Lowrance, Director of the RCRA–2012–0121–0126, respectively. 70 Comment Number EPA–HQ–RCRA–2012– Office of Solid Waste to Mr. D.B. Redington, 68 Comment EPA–HQ–RCRA–2012–0121–0126. 0121–0182. February 23, 1993, RCRA Online 11728.
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individual. The Agency believes that buildings (previously found at § 262.34 in a control room, or other central there can be more than one operator per (a)(1)(iii) and (iv)) to provisions for location at the facility. SAA over time. For example, as SQGs accumulating hazardous waste in In addition, consistent with guidance employees change shifts over the course these units. previously issued by the Agency for of a day, the role of the operator can be With respect to the marking and wood treaters, that if hazardous waste is transferred from one employee to labeling provisions for hazardous waste placed in a satellite accumulation area, another. Likewise, the Agency believes accumulated on drip pads and in the waste can remain there until the that there can also be more than one containment buildings, the Agency drum is full. Once the drum is full, it operator per SAA at the same time. For proposed that SQGs and LQGs mark or must be dated and moved to the example, multiple operators may be label its waste accumulation units with hazardous waste storage area. running laboratory equipment in the the words ‘‘Hazardous Waste’’ in a Thereafter, the 90 or 180 day same room and share hazardous waste conspicuous place easily visible to accumulation clock for LQGs and SQGs, containers located in a single SAA.74 employees, visitors, emergency respectively, begins.75 However, the term operator does refer to responders, waste handlers, etc. We also Additionally, consistent with this an individual or individuals responsible proposed that SQGs and LQGs use same guidance for wood preservers, for the equipment or processes inventory logs, monitoring equipment, EPA is clarifying in this final rule that generating the hazardous waste and or records to: Identify the contents of VSQGs may accumulate hazardous does not refer to a company or entity as the drip pad and containment building waste on drip pads as long as they also a whole. and its associated hazards; to identify comply with the technical standards of The examples discussed in the the date upon which each period of 40 CFR part 265 subpart W to ensure the preamble to the proposed rule and final accumulation begins; and keep drip pads are operated in an rule are not an all-inclusive or inventory logs or records with the above environmentally safe and responsible manner.76 exhaustive list of practices that may be information in close proximity to the b. What changed since proposal? In used to meet the requirement that drip pad and containment building. hazardous waste in an SAA must be the process of trying to consolidate the ‘‘under the control of the operator.’’ 1. Drip Pads waste accumulating provisions for tanks, drip pads and containment Implementing regulatory agencies may a. What is EPA finalizing? The consider these examples or alternatives buildings in the proposed rule, the Agency is finalizing the regulations Agency failed to properly take notice to meet the intent of the term, which is associated with the accumulation of to ensure that someone familiar with the that drip pads are very different in hazardous waste on drip pads for SQGs operations generating the hazardous operation than tanks and containment and LQGs § 262.16(b)(4) and waste is aware of and able to attend to buildings. The unique nature of drip § 262.17(a)(3), respectively. This the operations, if needed, while also pads was addressed through several provision was previously found at providing some measure of controlled earlier rulemakings. For example, on § 262.34(a)(1)(iii) for LQGs only. This access. December 6, 1990, EPA promulgated provision states that a generator with several new hazardous waste listings G. Accumulation of Hazardous Waste by drip pads must comply with subpart W specific to the wood preserving SQGs and LQGs on Drip Pads and in of 40 CFR part 265, and, consistent with industry, along with unit-specific Containment Buildings existing regulations, must remove all hazardous waste standards for drip pads As part of its reorganization efforts to hazardous wastes from the drip pad and (‘subpart W’) and corresponding improve the user-friendliness of the associated collection system at least generator accumulation provisions for hazardous waste generator regulations, once every 90 days. Similarly, at persons generating hazardous waste and the Agency proposed to consolidate the closure, SQGs and LQGs must comply managing the waste on drip pads (55 FR waste accumulation provisions for with § 265.445(a) and (b), but not (c). 50450). As part of that rulemaking, EPA tanks, drip pads and containment Once the hazardous wastes are removed established a standard by which buildings into one section. The Agency from a drip pad, LQGs would have up generators must remove all hazardous also proposed to include specific to 90 days and SQGs up to 180 days to wastes from their drip pad at least once provisions for SQGs that may accumulate the hazardous wastes every 90 days, while still allowing for accumulate hazardous waste on drip without a permit or interim status. SQGs additional time to accumulate the pads and in containment buildings at and LQGs would also have to maintain hazardous waste (e.g., in tanks or § 262.16 (b)(4) and (5), respectively. the following records at the facility by containers) depending on their Previously, the regulatory provisions for use of inventory logs, monitoring generator status. This latter issue was LQGs referred to drip pads and equipment, or any other effective clarified in subsequent guidance, but is containment buildings, but these means: Records that describe the being further clarified in this final rule. accumulation units were not procedures that will be followed to Therefore, for both LQGs and SQGs, specifically identified in the SQG ensure that all wastes are removed from hazardous wastes must be removed from provisions. Therefore, if an SQG desired the drip pad and associated collection the drip pad and associated collection to accumulate hazardous waste in these system at least once every 90 days; and system at least once every 90 days, and type units, they could only do so by records that document each waste the Agency is retaining the regulatory complying with the more stringent LQG removal, including the quantity of waste text previously found at § 262.34 regulations. In the proposed rule, the removed from the drip pad and the (a)(1)(iii). By incorporating this Agency attempted to provide clarity by sump or collection system and the date provision, the Agency will also address adding the regulations applicable to and time of removal. the requirements that generators LQG drip pads and containment These records would need to be kept on site and readily available for 75 See U.S. Environmental Protection Agency, 74 Memorandum from Robert Springer, Director or inspections. Ideally these records would Wood Preserving Resource Conservation and Recovery Act Compliance Guide: A Guide to EPA’s Office of Solid Waste, to RCRA Regional be in close proximity to where Directors, ‘‘Frequently Asked Questions About Federal Environmental Regulation, EPA–305–B– Satellite Accumulation Areas,’’ March 17, 2004, hazardous waste is being accumulated 96–001, at section 5–17 (June 1996). RCRA Online 14703. after removal from the drip pad, such as 76 Ibid., 5–8
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describe the procedures to demonstrate 2. Containment Buildings c. Major comments. There were very that all wastes have been removed from a. What is EPA finalizing? The Agency few comments about this provision. One the drip pad and associated collection is finalizing the regulations that were commenter did not support the system at least once every 90 days. proposed in § 262.16 (b)(5) and § 262.17 provision allowing SQGs to accumulate The Agency is not finalizing the (a)(4) for hazardous wastes accumulated hazardous waste in containment buildings because these are complicated provision that would require SQGs and in containment buildings by both SQGs units requiring a fairly high level of LQGs to mark drip pads with the words and LQGs, respectively.78 This knowledge and expertise to properly ‘‘Hazardous Waste’’ in a conspicuous provision states that an SQG or LQG construct and operate. While the accumulating hazardous waste in a place easily visible to employees, Agency agrees with this commenter containment building must comply with visitors, emergency responders, waste conceptually, we have no basis to subpart DD of 40 CFR part 265, place its handlers, etc. As stated by one prohibit such an operation, such as professional engineer certification that commenter, labeling the entire drip pad damage cases from generators the building complies with the design with the words ‘‘Hazardous Waste’’ is accumulating hazardous wastes in such standards specified in 40 CFR 265.1101 inaccurate because not all of the units. Another commenter sought materials on the drip pad are hazardous in the generator’s files prior to operation clarification to differentiate between waste, such as the poles and lumber of the unit, and maintain the following containment buildings and being treated on the drip pad. Finally, records by use of inventory logs, manufacturing process buildings. As the drums stored on the drip pad or monitoring equipment, records, or any described at subpart DD of part 265, drum storage area that contain other effective means: (1) A written containment buildings are specially hazardous waste and the drum storage description of procedures to ensure that designed and constructed buildings that area would already be labeled with each waste volume remains in the unit address the waste accumulation of those words. Similarly, identifying the for no more than 90 days, a written hazardous wastes. Manufacturing hazards of wastes is inappropriate description of the waste generation and process buildings may or may not have because drip pads contain both wastes management practices for the site similar design specifications, but if they and components of treated wood showing that they are consistent with are not generating or accumulating operations. respecting the 90 day limit, and hazardous wastes, they need not comply documentation that the procedures are Similarly, we have modified where with subpart DD requirements. Also, the complied with; or (2) documentation Agency maintained the 90 day inventory logs or records for drip pads that the unit is emptied at least once must be kept. We had proposed that the accumulation time period for any SQGs every 90 days. The Agency is also accumulating hazardous wastes in information must be in close proximity stating that these records must be containment buildings consistent with to the drip pad. Commenters indicated readily available upon request from the what was proposed. that having records in close proximity implementing agency. These may not always be practical or even recordkeeping provisions were found H. Special Requirements for Ignitable desirable. In response to comments, we under the marking and labeling and Reactive Wastes for LQGs (40 CFR have modified the regulations so that provisions for containment buildings in 262.17(a)(1)(vi)) the records must be kept on site and the proposed rule. Some generators, especially as those readily available for inspections. The Agency is also requiring SQGs located in urban environments, have c. Major Comments. Commenters and LQGs accumulating hazardous expressed their concern regarding the primarily focused on explaining how waste in containment buildings to label LQG provision requiring generators to drip pad operations work and their containment building with the place containers holding ignitable or identifying the mistake the Agency words ‘‘Hazardous Waste’’ located in a reactive waste 15 meters (50 feet) from inadvertently made in consolidating the conspicuous place easily visible to the site’s property line. In some cases, waste accumulation regulations for all employees, visitors, emergency it may not be physically possible to types of units. Commenters also responders, waste handlers or other meet this standard, particularly if the requested that the Agency change the persons on site and also provide an width of the site is 100 feet or less or waste accumulation time for SQGs from indication of the hazards of the waste when the generator’s operations have expanded such that it no longer has the 90 days to 180 days for wastes removed using one of several methods described ability to accumulate ignitable or from the drip pad to be consistent with under § 262.16(b)(6)(i)(B) and (b)(6)(ii)(B)—Labeling of containers and reactive waste at least 15 meters (50 other waste accumulation unit time tanks. feet) from the site’s property line. limits. This comment is also consistent b. What changed from proposal? Insurance companies and local fire with Agency guidance issued for drip Similar to the changes made for drip departments often assist hazardous pads.77 One commenter identified a pads, the Agency moved the marking waste generators in minimizing their number of problems associated with the and labeling provisions to the waste environmental hazards and liabilities, marking and labeling of hazardous accumulation section because these but site dimensions may sometimes wastes on drip pads, including provisions more appropriately address physically prevent a generator from generators marking drip pads with the how generators will meet the 90 day complying with this condition. words ‘‘Hazardous Waste’’ in a waste accumulation time limit. The The Agency proposed to allow LQGs conspicuous place easily visible to Agency is also adding a provision to to apply for a site-specific waiver from employees, visitors, emergency clarify that the records used to their local fire department if they are responders, waste handlers, etc, and demonstrate that hazardous wastes have unable to meet the 15 meter ignitable identifying the hazards of wastes as been removed within 90 days must be and reactive hazardous waste being inappropriate. As discussed readily available upon request from the accumulation property line condition. previously, the Agency has responded implementing agency. This proposed change would require to these comments. LQGs to obtain a written approval from 78 This regulatory text was originally found at a local fire department and keep the 77 Ibid, section 5–17. § 262.34(a)(1)(iv). written approval in their records.
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Additional details are discussed in site-specific waiver. Furthermore, the TSDFs should be included, EPA section XI of the preamble of the Agency believes that the AHJ is well determined that TSDFs already go proposed rule (80 FR 57979). qualified at finding the most appropriate through an existing permit process, place to accumulate this waste and to including public notice and comment, 1. What is EPA finalizing? determine that there is a sufficient level to determine site-specific conditions The Agency is finalizing the proposed of protection for the facility and the that include identifying locations for regulation with a minor modification. surrounding community prior to issuing accumulating hazardous waste.80 The final regulation allows an LQG to this approval. Considering that parts of the permit apply for a site-specific waiver from the We requested comment on whether process may be bypassed if owners/ authority having jurisdiction (AHJ) over EPA should set conditions for the operators of TSDFs were allowed to the fire code if the LQG is unable to waiver, but determined from the apply for this waiver, EPA concludes meet the 15 meter ignitable and reactive commenters that the decision should be that it is not appropriate to include hazardous waste accumulation property made on a site-specific basis dependent TSDFs in this waiver. line condition. If an LQG wants this on the characteristics of the generator, Effect of the Reorganization: This waiver, they are required to obtain a the physical make-up of the site, and the section is affected by the reorganization. written approved waiver from the AHJ surrounding area. EPA expects the AHJ The special requirements for ignitable who has the ability to determine a safe to be sufficiently qualified to make a and reactive waste were found at 40 and practical location for the facility to site-specific determination for the CFR 265.176. store ignitable or reactive waste that is waiver and consider relevant factors I. LQG Closure Regulations (40 CFR within 15 meters (50 feet) of the when making that decision, such as the 262.17(a)(8)) facility’s property line. LQGs are then length of time the hazardous waste can required to keep the written approval in be accumulated, the amount of In an effort to improve the clarity and their records. hazardous waste that can be understanding of the closure regulations for LQGs, as well as to strengthen M. he 2. What changed since proposal? accumulated, and any physical or technical controls. The AHJ should also closure regulations to improve EPA originally proposed that the consider any potential off-site environmental protection, the Agency facility contact their local fire conditions, such as the proximity to proposed three changes to the closure department for the site-specific populated public areas (schools, provisions for LQGs previously found at approval. While several commenters hospitals, or playgrounds), off-site § 262.34(a)(1)(iv)(B). agreed that most fire departments are sources of ignition, and the proximity to First, EPA proposed to consolidate the well qualified to approve this waiver, an adjacent property’s storage area of closure regulations for LQGs some commenters indicated that there ignitable or reactive waste. accumulating hazardous waste at may be some confusion as to who can § 262.17(a)(8). EPA believed the approve this waiver. For example, some 3. Major Comments organization of the closure regulations areas may require a designated official A few commenters recommended that previously found at § 262.34(a)(1)(iv)(B) to interpret and enforce the fire code EPA directly allow deference to locally (which referred to various closure rather than the local fire department. In applicable fire codes rather than requirements in part 265) was confusing this case, the designated official will requiring the generator to obtain an and difficult to follow. The proposed grant the approval. The Agency did not approval. EPA proposed a rule in 1984 consolidation included both the facility- intend to restrict the ability of those that is similar to the commenters’ wide general performance requirements who can grant this approval to only recommendation. It would have found at §§ 265.111 and 265.114 for local fire departments. However, the amended the buffer zone requirements hazardous wastes accumulated in Agency did intend that the entity or and adopted NFPA fire codes but the containers, tanks, drip pads, and individual granting this approval has rule was never finalized.79 However, the containment buildings, and the unit- detailed knowledge of the fire code, has 1984 proposal shows that adopting the specific requirements found at § 265.197 the ability to evaluate the site fire code appears to be more for tanks, § 265.445 for drip pads and conditions to determine a safe and complicated than the commenters § 265.1102 for containment buildings. practical place for storing ignitable and realize due to the differences in terms Second, EPA proposed to strengthen reactive wastes, and is authorized by the and definitions. Furthermore, fire codes the closure regulations for LQGs state or local government to enforce the differ from locality to locality and some accumulating hazardous waste in fire code. rural areas have no fire code or fire containers in central accumulation areas To address these comments, the department. While EPA agrees that this that plan to stop hazardous waste Agency changed the terminology from recommendation would be easier to accumulation by requiring them to meet the ‘‘fire department’’ to the ‘‘authority implement for the generator since it the same type of closure regulations that having jurisdiction (AHJ)’’ over the fire removes the approval process, at this apply to tanks, drip pads and code within the facility’s state or time, the Agency cannot defer to local containment buildings, including those locality. An AHJ may or may not be the fire codes because the complexity situations where a generator is not able fire marshal, fire chief, building official, involved may increase confusion and in to demonstrate that its hazardous waste, or another official as designated by the some cases it may present a danger for hazardous constituents, leachate, state or local government. AHJ is a term the community or for the facility itself. contaminated run-off, or hazardous developed by the National Fire However, the Agency may reevaluate waste decomposition products can be Protection Association (NFPA) and has this topic in future rulemakings. practicably removed or decontaminated been adopted by several state and local The Agency took comment on (i.e., cannot ‘‘clean close’’). The Agency governments. Considering the wide use whether owners and operators of demonstrated the need for closure of the term ‘‘AHJ’’ in various fire codes, permitted and interim TSDFs should requirements to apply to LQGs the Agency believes the more general also be able to apply for this approval. accumulating hazardous waste in term will ensure that regardless of who While several commenters agreed that containers as discussed in detail in the has the authority (local/state), the generator will be able to apply for the 79 49 FR 23290, June 5, 1984. 80 40 CFR part 270.
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preamble to the proposed rule at 80 FR closing its waste accumulation areas. requirements do not apply to satellite 57955 and provided in the docket a list The fourth paragraph addresses the accumulation areas. of Superfund damage cases to the situation when an LQG that has 2. What changed since proposal? environment caused by generators who accumulated hazardous waste in a accumulated hazardous wastes in container, tank or containment building The Agency simplified and clarified containers and abandoned these waste accumulation area cannot meet the closure process. First, EPA is facilities. the closure performance standards or providing LQGs a choice for when they Third, EPA proposed to require an clean close (i.e., situations where close a hazardous waste accumulation LQG to notify EPA or the authorized contaminated soils and wastes cannot unit (i.e., CAA, tank, containment state using EPA Form 8700–12 at least be practicably removed or building, drip pad): (1) Put a notice in 30 days prior to closing the generator’s decontaminated). the operating record stating they closed facility or when the generator closes a In addition, LQGs with drip pads the accumulation unit, or (2) follow the unit accumulating hazardous waste. must continue to comply with the unit- closure procedures in § 262.17(a)(8)(ii)– Additionally, EPA proposed that an specific closure performance standards (iv). The Agency is making this change LQG notify EPA or its authorized state found at § 265.445(a) and (b) 81 and the in the final rule based on information within 90 days after closing the facility general closure requirements now found from commenters who described normal or the unit accumulating the hazardous at § 262.17(a)(8)(iii)(A)(1) and (3). In the operating situations where waste. This notification would state the proposed rule, the Agency consolidated accumulation units close and reopen, or LQG had clean closed or failed to clean drip pad closure requirements with are relocated to another part of the site. close and therefore, must close as a tanks and containment buildings and in The Agency did not want the landfill. the process, incorrectly modified the accumulation unit closure provisions to interfere with facility operations and the 1. What is EPA finalizing? closure requirements. In this final rule, § 262.17(a)(8)(iv) has been added to generation and accumulation of Based on review and evaluation of specifically address the closure hazardous wastes, especially as the comments, the Agency is finalizing the requirements for drip pads and correct Agency is aware of situations where following provisions associated with the the modification. hazardous wastes are placed in closure regulations for LQGs. First, we As mentioned previously, LQGs need containers that are mobile storage are consolidating the closure regulations to notify EPA or their authorized state devices. However, when closing their at § 262.17(a)(8). These regulations using the Site ID form (EPA Form 8700– overall facility, generators must ensure consist of two components: Closure of a 12) when they are closing their facility. all remaining hazardous wastes they waste accumulation unit, such as a tank Specifically, LQGs must notify EPA or have generated and accumulated are system and container accumulation the authorized state using the Site ID removed from their facility and clean area, and closure of a generator’s form (EPA Form 8700–12) at least 30 close per § 262.17(a)(8)(iii) (i.e., facility. days prior to closing their facility, and minimize the need for further When closing a waste accumulation also notify EPA or the authorized state maintenance by controlling, unit at § 262.17(a)(8), a generator may within 90 days after closing the facility. minimizing, or eliminating the post- either elect to place a notice in its This second notification using form closure escape of hazardous waste, operating record that identifies the unit 8700–12 would state that the LQG has hazardous constituents, leachate, they are closing and not conduct the either met the closure performance contaminated run-off, or hazardous formal closure performance standards of standards of § 262.17(a)(8)(iii) or failed waste decomposition products to the § 262.17(a)(8)(iii) in the case of a to meet such standards, in which case ground or surface waters or to the container, tank or containment they must notify that they are closing as atmosphere to the extent necessary to accumulation unit, or § 262.17(a)(8)(iv) a landfill. In the case of LQGs with drip protect human health and the in the case of a drip pad unit, until the pads, they would either notify using environment). facility closes, or they can formally form 8700–12 they had met the closure Second, rather than have LQGs notify perform the closure provisions in performance standards of § 265.445(a), EPA or an authorized state every time § 262.17(a)(8)(ii)(B) through or if they failed to meet those standards, they close a waste accumulation unit, § 262.17(a)(8)(iv) including clean notify that they must close in comply they must now notify only when they are closing their facility. The Agency closure performance standards and with the requirements of § 265.445(b). In received many comments that providing notification to EPA that the facility has response to comments, the Agency is a notification every time a waste closed that accumulation unit within 90 allowing LQGs to request additional accumulation unit is closing, days of closing the unit. time to clean close at When closing the facility, the particularly for container waste § 262.17(a)(8)(ii)(C). However, the LQG generator would be required to meet the accumulation units, is impractical. must notify EPA using form 8700–12 or notification standards of Commenters noted that opening, closing its authorized state within 75 days after § 262.17(a)(8)(ii) and performance and reopening waste accumulation closing their site to request an extension standards of § 262.17(a)(8)(iii) for units, even temporarily, occurs and provide an explanation as to why container, tank and containment periodically and the Agency does not the additional time is required. building units, and § 262.17(a)(8) (iv) for Third, the Agency is clarifying that want to interfere with the operations of drip pad units. The performance closure requirements do not apply to the facility. Third, in finalizing the closure standards of § 262.17(a)(8)(iii) include satellite accumulation areas at performance standards four paragraphs. The first two § 262.17(a)(8)(v). While the Agency did § 262.17(a)(8)(iii), the Agency has paragraphs incorporate the closure not receive any specific comments on reverted back to the existing regulatory performance requirements at §§ 265.111 the scope of closure requirements, we text previously found at § 265.197(a) for and 265.114 when an LQG’s waste are clarifying that the closure accumulation unit or facility closes. The closure of tanks and § 265.1102(a) for third paragraph addresses what must be 81 See Generator Closure Requirements, RCRA/ closure of containment buildings for done with any hazardous wastes Superfund Hotline Monthly Report, December purposes of consistency, and because generated as a result of an LQG clean 1998, EPA530–R–98–005. one of the primary purposes of this
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section is to consolidate the closure The Agency agrees that this is a new J. Documentation of Inspections of regulations found in different parts of provision. However, as discussed in the Waste Accumulation Units the program. proposal (80 FR 57955), many As part of the of the proposed Finally, the Agency separated the Superfund removal actions over the Hazardous Waste Generator closure performance requirements for years have resulted from generators who Improvements rule, the Agency at 80 FR drip pads because they are different failed to clean close their hazardous 57952–53 requested comment on than those of containers, tanks and waste container accumulation areas. requiring generators to document the containment buildings. The EPA believes that facilities results of their container, tank and drip 3. Major Comments accumulating hazardous wastes in pad inspections. More specifically, the containers should have to close as a Agency requested comment on whether Many commenters supported the landfill if they cannot clean close like to require the following: (1) Both SQGs consolidation of closure requirements to all other LQGs accumulating hazardous and LQGs document the results of their make them more user-friendly and waste. The inability to clean close required ‘‘at least weekly’’ container easier to comply with. Many would indicate major environmental inspections; (2) SQGs accumulating commenters did not support EPA’s problems have occurred at the hazardous waste in tank systems proposal to require notification every generator’s facility. If so, the document the results of their tank time a waste accumulation area was responsibility falls on the generator to inspections; and (3) both SQGs and closing and requiring LQGs to clean LQGs accumulating hazardous waste on close every time a waste accumulation address the potential contamination just as a generator would address any drip pads document the results of their area closed. In both cases, commenters drip pad inspections. stated the proposed changes were problems that resulted from its accumulated hazardous wastes in tanks, The Agency requested comment on inefficient, impractical and/or modifying these provisions to require drip pads, or containment buildings. unnecessary. One commenter, documentation of inspections for these Whether a generator would actually representing several generator waste accumulation units to emphasize have to meet all the requirements of organizations, did not believe closure the importance of these inspections in standards should be identified as closing as a landfill would be a site- preventing releases into the conditions for exemption. However, specific decision, made in conjunction environment and to provide a measure EPA notes that closure standards are a with EPA or the authorized state., of accountability that a generator’s condition for exemption under the Generally, if a LQG has been managing inspection of its containers, tanks or existing RCRA program. See section its hazardous waste in accordance with drip pads actually took place when IX.A for a more detailed discussion of the LQG provisions including proper required. Currently, the only way an the distinction between conditions for accumulation standards and spill clean- inspector can determine whether the exemption and independent up, then clean closure will consist of required inspections actually occurred requirements. This commenter also removing the containers from the is to inspect a generator site at the same recommended that the concept accumulation area. EPA anticipates this time that the inspection is supposed to proposed in § 262.17(a)(8)(ii)(A)(1) that will be the case in most situations for occur, or conduct an inspection within closure should be undertaken ‘‘to the container central accumulation areas. one week of the first inspection— extent necessary to protect human The Agency has determined that clean assuming the inspector knew when the health and the environment,’’ should be closure requirements should apply first inspection actually occurred. Both moved up to the introductory paragraph equally to all hazardous waste situations have low probabilities of since this is an important risk-based accumulation areas. occurring. concept applicable to all of the As part of the proposed rule, the Finally, one commenter pointed out requirements in § 262.17(a)(8)(ii)(A), not Agency noted that many states already just to subparagraph (1). The Agency that the proposal to consolidate the require generators accumulating believes the regulations being finalized closure standards for drip pads with hazardous waste in waste accumulation already take into account a risk-based tanks and containment buildings would units to maintain records of their concept because ‘‘minimizing the need modify existing drip pad closure inspections. Many of these states for further maintenance by controlling, requirements. The Agency provide templates for generators to use minimizing, or eliminating, to the extent acknowledges this was an inadvertent to assist them in recording the results of necessary to protect human health and mistake and has reverted back to the their inspections. Similarly, EPA stated the environment’’ is a risk-based existing subpart W requirements of part the burden imposed upon generators to standard. Hence, we have not finalized 265. However, for purposes of record the results of its inspections this change. consolidation and consistency, LQGs would not be significant, particularly if This same commenter expressed that accumulate hazardous waste on generators use a template to document serious concerns that this proposal was drip pads and that are closing their the results of inspections. a major departure from existing facility must still comply with the The Agency also stated that regulations regarding the clean closure notification and waste management documenting the results of these of container central accumulation areas provisions found at § 262.17(a)(8)(ii) inspections is an important best and specifically, the requirement that if and (a)(8)(iii)(A)(3), as well as 40 CFR management practice for generators to the facility could not clean close, then part 265 subpart W. use not only to prevent any releases, but the generator must close as a landfill also to identify situations, such as with all the associated requirements Effect of the Reorganization: This damaged containers, tanks or drip pads (e.g., installing groundwater monitoring section is affected by the reorganization. that could lead to a potential release to wells upgradient and downgradient The closure requirements were the environment. from the container area; installing previously found in monitoring wells for 30 years or longer § 262.34(a)(1)(iv)(B). The reorganization 1. What is EPA finalizing? during a post-closure care groundwater is discussed in section VI of the The Agency is not moving forward at monitoring program, etc.) preamble. this time to require SQGs and LQGs to
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document those situations identified 1. Introduction In addition, whereas LQGs have up to earlier where documentation of Before the revisions in this 90 days to accumulate hazardous waste inspections is currently not required. At rulemaking, under the regulations at in compliance with all the LQG this time, the Agency believes further § 261.5(f)(3) for acute hazardous waste, conditions for exemption without analysis and evaluation is required and § 261.5(g)(3) for non-acute having to obtain a RCRA storage permit before a final decision can be made. hazardous waste, a VSQG was allowed or comply with all the other standards However, as already noted, the Agency to either treat or dispose of its otherwise applicable, VSQGs may believes this is a best management hazardous waste in an on-site facility or accumulate up to 1,000 kilograms of practice that serves to protect generators ensure delivery to an off-site treatment, non-acute hazardous waste or up to 1 from possible releases and cleanup and storage, or disposal facility, which kilogram of acute hazardous waste or up which also bolsters the preventive included RCRA-permitted hazardous to 100 kilograms of residues from the aspects of the RCRA program. EPA waste facilities, interim status cleanup of a spill of acute hazardous encourages generators to examine the hazardous waste facilities, municipal waste without any time constraint. Even feasibility of adopting this practice as solid waste facilities, non-municipal though the amount of hazardous waste part of their standard operating non-hazardous waste facilities, allowed on site by VSQGs at any one procedures. recycling facilities, and universal waste time is limited, the longer that handlers. The previous VSQG hazardous waste is accumulated on site, 2. Major Comments regulations did not allow a generator to the greater the risk of adverse impacts to human health and the environment. Commenters were mixed on the need send its hazardous waste off site to another generator unless the receiving Allowing VSQGs to send their to require SQGs and LQGs to document hazardous waste to an LQG under the the results of their inspections generator had a storage permit or was otherwise one of the types of facilities control of the same person will likely associated with containers, tanks and cited previously. Thus, persons looking reduce the overall time that the VSQG drip pads. Among the reasons to reduce their overall environmental accumulates hazardous waste on site, commenters cited for supporting liability across multiple facilities were which would further reduce the documentation of inspections included: prohibited from managing their VSQG potential risk to human health and the Such a process acts as a reminder to hazardous waste at one or more of their environment. ensure there are no problems; the LQG facilities without first obtaining a requirement is not unduly burdensome; Finally, this new provision will give permit or complying with the interim companies flexibility in allocating labor companies are already in the habit of status standards. preparing and maintaining these types and resources required to manage the EPA determined that providing the company’s total quantity of hazardous of records; the records are useful in option for VSQGs to send their tracking containers within the waste generated, as the company is now hazardous waste to an LQG that is under allowed to consolidate its hazardous accumulation areas and corrective the control of the same person will actions needed and taken, and in waste from VSQG facilities at its LQG improve the management of that facilities. documenting that no releases occurred hazardous waste for the following within the unit; and documentation will reasons. First, LQGs are subject to more EPA has received requests over the result in greater protection against stringent management conditions years from industry to amend the hazardous waste releases into the compared to VSQGs, such as regulations to allow VSQGs to send environment. accumulation time, labeling, training, their hazardous waste to LQGs for consolidation. Many of the commenters, Commenters who opposed this emergency planning, and containment including state agencies, the generator requirement stated that adding standards. In addition, LQGs may only industry, and the waste management additional recordkeeping requirements transport (using a hazardous waste industry, supported adding this option shifts the focus away from actual storage manifest) hazardous waste to RCRA- to the regulations. Commenters practices to secondary recordkeeping permitted or interim status hazardous expressed their support for practices; there is not sufficient waste TSDFs, which in turn, are subject to more stringent management standards consolidation, stating that it will ease justification for imposing this the financial and administrative burden requirement; there is no added benefit than the municipal or non-municipal solid waste facilities that VSQGs are for VSQGs and encourage responsible because accumulation units in poor waste management, treatment, and condition have obviously not been allowed to use. Therefore, allowing hazardous waste generated by a VSQG disposal. Specifically, some commenters regularly inspected; and the Agency stated that consolidation at an LQG would be better served by increasing to be sent to an LQG under the control of the same person will improve overall would ensure greater safety and outreach to small generators to increase environmental protection because LQG awareness of the inspection tracking, oversight and management of the hazardous waste and enable more staff are generally more knowledgeable requirement. effective environmental protection. than those at a VSQG. In addition, the K. Allowing VSQGs To Send Hazardous Furthermore, a company, because of Minnesota Pollution Control Agency Waste to LQGs Under the Control of the economies of scale, may reduce its confirmed with direct observation that Same Person (40 CFR 262.14(a)(5)(viii) overall waste management costs, as well allowing a VSQG to send its hazardous and 262.17(f)) as its potential financial liabilities for waste to another site where proper and hazardous waste it generates at VSQG safe management is available at a EPA is finalizing the proposed facilities, as it would be handled under reasonable financial and management provision to allow VSQGs to send their the more comprehensive LQG and TSDF price, such as is provided by a VSQG hazardous waste to an LQG that is under regulatory programs. Consolidation by collection site, does consistently reduce the control of the same person, as an LQG of hazardous waste generated by the average time that VSQGs accumulate defined at § 260.10, provided both the several VSQGs under its control may waste on site, reducing on-site health VSQG and LQG comply with specified also increase potential opportunities for and safety risks and also lowering the conditions. hazardous waste recycling by the LQG. potential for both accidental releases
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and the temptation for improper solid waste for hazardous secondary ‘‘Hazardous waste’’ and (2) an disposal of larger amounts.82 materials that are generated and indication of the hazards of the contents Adding the consolidation option in legitimately reclaimed under the control of the container (examples include, but the regulations will enable generators to of the generator (40 CFR 261.4(a)(23)), are not limited to, the applicable employ greater control over the which was promulgated on October 30, hazardous waste characteristic(s) (i.e., management of their hazardous waste, 2008, (73 FR 64668) and revised on ignitable, corrosive, reactive, toxic); thereby resulting in improved efficiency January 13, 2015 (80 FR 57918). hazard communication consistent with and reduced liability for the generator. Consistent with the October 30, 2008, the DOT requirements at 49 CFR part Commenters noted numerous examples final rule, companies within the same 172 subpart E (labeling) or subpart F where VSQGs and LQGs under the same corporate structure would be considered (placarding); a hazard statement or ownership may take advantage of the ‘‘under the control of the same person’’ pictogram consistent with the new consolidation provision. For if they meet the definition of same Occupational Safety and Health example, Army National Guard and ‘‘person’’ and ‘‘control’’ as outlined Administration (OSHA) Hazard Reserve units that may be VSQGs can above. Communication Standard at 29 CFR send their hazardous waste to an active Limiting transfers to facilities under 1910.1200; or a chemical hazard label Army base that is an LQG. The same control of the same person is consistent with the National Fire situation applies to Air Force, Navy, and appropriate because it ensures common Protection Association (NFPA) code Marine Corps reserve units as well. control is maintained over both facilities 704). This condition is also consistent Additionally, many universities and takes advantage of strong liability with the revisions for labeling and commented that they supported this incentives to ensure the hazardous marking of containers found in 40 CFR provision. Often, individual laboratory waste is safely managed. Additionally, if parts 262, 263, and 268 and discussed buildings qualify as VSQGs. Allowing a VSQG sends hazardous waste to an in section IX.E.1 of this preamble. different laboratory buildings within a LQG under the control of the same Conditions for Exemption for LQGs university or industrial environment person, the LQG is likely to be more that are VSQGs to send their hazardous familiar with the type of hazardous EPA is finalizing the following waste to another university or industrial waste generated by the VSQG. conditions for exemption for LQGs entity that is an LQG under the same Furthermore, questions regarding receiving hazardous waste from VSQGs control will provide both economic and liability and responsibility for such under the control of the same person, all environmental benefits. Furthermore, hazardous waste are clearer than is the found at § 262.17(f). Notification. LQGs receiving utilities, retailers, and remote oil and case with facilities from unrelated hazardous waste from VSQGs under the gas production facilities also represent companies. The majority of control of the same person must submit examples of industrial sectors that commenters, including most of the a notification to EPA or their authorized indicated they expect to benefit from the states, supported limiting the VSQG state using EPA Form 8700–12 (i.e., the intra-company transfer of hazardous consolidation option to facilities under Site Identification (Site ID) form) at least waste from VSQGs to LQGs. the control of the same person at this 30 days prior to receiving the first 2. What is EPA finalizing? time for similar reasons. shipment of hazardous waste from the EPA is also finalizing the proposed The Agency is finalizing the provision VSQG. LQGs are required to identify on requirements for certain labeling and the Site ID form the name(s), site that allows a VSQG to send its marking standards for VSQG waste hazardous waste to an LQG that is under address(es), and contact information for being transferred to LQGs under the the VSQG(s) that will be transferring the control of the same person, provided control of the same person under this specified conditions are met. hazardous waste to the LQG. LQGs are provision. Note that aside from these also required to submit an updated Site a. Scope. EPA is finalizing its conditions, the same standards for proposal to amend the regulations under ID form within 30 days should the name management of VSQG waste apply to or site address for the VSQG change. the previous regulatory framework at materials going to an LQG under this § 261.5(f)(3) and (g)(3) to allow VSQGs Since the process to update the Site ID provision as to other VSQG waste, form to reflect this final rule will not be to send hazardous waste to an LQG including the exemption from the under the control of the same person. completed by the time some facilities requirement to ship using a hazardous are required to notify, EPA will create ‘‘Person’’ is defined in § 260.10 to mean waste manifest. However, DOT shipping an individual, trust, firm, joint stock an interim procedure for submitting requirements do still apply as notifications for the regulated company, federal agency, corporation appropriate. (including a government corporation), community to aid their compliance partnership, association, state, b. Conditions for Exemption efforts with the new consolidation provision and publish it on the EPA municipality, commission, political Condition for Exemption for VSQGs subdivision of a state or any interstate Web site. Notification in this instance serves to body. For the purposes of this section, As part of this provision, VSQGs are inform the regulatory authorities of ‘‘control’’ means the power to direct the required to meet the following which LQGs are receiving hazardous policies of the generator, whether by the conditions for exemption, found at waste from which VSQGs under the ownership of stock, voting rights, or § 262.14(a)(5)(viii). control of the same person. The Agency otherwise, except that contractors who Under control of the same person. As has determined notification is necessary operate as generators on behalf of a described previously, the VSQG and the in order to communicate to inspectors different person shall not be deemed to LQG must be under control of the same the origin of the hazardous waste ‘‘control’’ such generators. EPA notes person, according to the definition in received by the LQG and to ensure the that these are the same key terms used § 260.10. Labeling and marking of containers. received shipment is managed in in the exclusion from the definition of The Agency is requiring that a VSQG compliance with the conditions of the transferring waste to an LQG under the provision. EPA also believes notification 82 Minnesota Pollution Control Agency (MPCA), Comment Number: EPA–HQ–RCRA–2012–0121– control of the same person label its by the LQG, rather than notification by 0232. containers with (1) the words the VSQG, is more efficient and less
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burdensome, because LQGs are already earliest date any hazardous waste in the amount or types of hazardous waste that required to submit Site ID forms as part container was accumulated on site. This an LQG can receive from VSQGs. In fact, of obtaining a RCRA Identification will prevent an LQG from starting the we believe the more hazardous waste Number and as part of the biennial accumulation clock over again, which that is shipped to LQGs, the greater reporting process. Additionally, it is could lead to an endless loop of potential for better management, since more efficient for one LQG to notify on accumulation. these hazardous wastes will be managed behalf of numerous VSQGs. Because the LQG must manage the under the more comprehensive EPA has recently made available an hazardous waste it receives from VSQGs hazardous waste regulations, as opposed electronic interface for states and the according to the LQG regulations, EPA to potentially being sent to non- regulated community to use to submit has determined the same labeling and hazardous waste disposal facilities. In Site ID forms electronically, which will marking requirements should apply to addition, the LQG will need to move the further reduce burden on LQGs. both its own hazardous waste and VSQG waste off site in a timely manner Facilities should check with their states hazardous waste received from a VSQG. since the 90-day accumulation limit for regarding whether and when their state EPA believes that it is important that the exemption from permitting will still will use EPA’s electronic submittal employees, transporters, downstream apply. process. handlers, emergency personnel, EPA, d. Enforcement. The conditions in Recordkeeping. LQGs are required to and the states know as much as possible this final rule that allow VSQGs to send maintain records for three years from about the potential hazards of the their hazardous waste to an LQG under the date the hazardous waste was contents in containers that LQGs the control of the same person are received from the VSQG with the accumulate, transport, and manage. necessary to ensure protection of human following information: Waste management. Under the health and the environment. Failure to —The name, site address, and contact finalized consolidation provision, an meet one or more of the conditions LQG is required to manage all incoming information for each VSQG; and could lead to potential mismanagement —A description of each waste shipment hazardous waste from a VSQG in of the hazardous waste, potentially received from the VSQG, including compliance with the regulations resulting in a release of hazardous waste applicable to its LQG generator category. the quantity and the date the or hazardous waste constituents to the In other words, there will be no hazardous waste was received. environment. Persons taking advantage difference in how the hazardous waste of the consolidation provision who fail Recordkeeping is necessary to ensure from a VSQG is managed relative to the to meet one or more of the conditions the VSQG and LQGs operating under management of the LQG’s own for exemption would lose their the consolidation provision are meeting hazardous waste, although hazardous exemption from a permit, interim status, the conditions of the provision, waste from a VSQG is not eligible for and operating requirements and be including that the VSQG and LQG are management under the satellite subject to an enforcement action under under control of the same person. accumulation regulations (§ 262.15) RCRA section 3008 for violations of the Records can also be used to ensure that (That is, VSQG waste must be placed in applicable requirements in part 264 the hazardous waste from the VSQG is a central accumulation area or through 268, 270, and the notification managed according to the other immediately shipped off site from the requirements of section 3010 of RCRA. conditions for exemption of this LQG.) EPA and authorized states also have the provision, such as the requirement that Biennial Reporting. An LQG must also authority to cease specific transfers of LQGs are receiving shipments of report the hazardous waste it receives hazardous waste from VSQGs to an LQG hazardous waste from VSQGs in from VSQGs on its biennial report, as in the context of an enforcement action. quantities commensurate with the required under § 262.41. EPA will EPA also notes that failure on the part VSQG’s generator category. This include a new source code in the of the LQG to meet one of the conditions recordkeeping condition can be fulfilled biennial report instructions that LQGs for exemption would not mean that the through routine business records, such will use to identify the hazardous waste VSQG is subject to a permit, interim as a bill of lading, and will not present received from a VSQG (to differentiate status, and operating requirements, an undue burden to the LQG. from hazardous waste the LQG provided that the VSQG met its Additionally, the LQG can then use this generates on site). Generators are conditions for exemption and vice information to report the hazardous required to report hazardous waste they versa. waste from the VSQG on its biennial receive from VSQGs by type of e. Interstate shipments. Under RCRA, report forms. hazardous waste. In other words, if an authorized state programs may be more Labeling and marking of containers. LQG receives the same type of stringent than the federal program and The Agency is requiring that LQGs hazardous waste from multiple VSQGs, thus states may choose not to adopt the comply with the same labeling and it only need report the total quantity of finalized consolidation provision marking conditions for exemption under that hazardous waste received from all allowing VSQGs to send their hazardous § 262.17(a)(5), including the date VSQGs. This will enable states and EPA waste to an LQG under the control of accumulation started (i.e., the date the to better understand the additional the same person. In the case of interstate hazardous waste was received from the volumes and types of hazardous wastes shipments where a VSQG wants to VSQG). (Note: These are the same managed at an LQG, which will assist in transfer its waste to an LQG located in standards that VSQGs must comply prioritizing compliance assistance. a different state than the VSQG, the with in labeling and marking containers c. No maximum limit of hazardous VSQG must ensure that both states have that they send to LQGs, as discussed waste LQGs receive from VSQGs. adopted the provision (including the previously, with the exception of the Because LQGs currently have no exemption from the requirement to ship accumulation start date.) If the LQG is maximum limit on the amount of using a hazardous waste manifest). consolidating incoming hazardous hazardous waste they can accumulate, Additionally, if a VSQG wants to transit waste from a VSQG with either its own and because the regulations that are its waste through states that have not hazardous waste or with hazardous applicable to LQGs are protective, the adopted the consolidation provision, waste from another VSQG, the LQG Agency has determined there is no need EPA recommends that generators must mark each container with the to establish a maximum limit on the contact any transit states through which
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the hazardous waste will be shipped to encouraged as discussed in the general working. EPA will then consider ascertain their policy about such marking and labeling provisions in this possible expansion of the provision in shipments. preamble (section IX.E.1). Due to the the future, including whether to allow fact that the VSQG and the LQG are VSQG consolidation at SQGs under the 2. What changed since proposal? under the control of the same person, same control and/or LQGs under the a. Labeling and Marking of EPA assumes that the two parties will control of a different person. Containers. EPA proposed that the consult and determine the most b. Effect on existing state programs. VSQG would label its containers with appropriate labeling for the safe EPA received comments from the retail the words ‘‘Very small quantity management of their hazardous waste sector suggesting that, under the generator hazardous waste.’’ However, that meets the minimum requirements existing RCRA regulations, VSQG several commenters stated that having laid out in the regulations. hazardous waste can be consolidated at two ‘‘systems’’ of labeling was confusing b. LQG notification. EPA proposed any intermediate location, as long as the and discussed other ways to distinguish that LQGs notify using an updated Site VSQG ensures ultimate delivery to an the VSQG waste from the LQG’s own ID form 8700–12 within 30 days of a acceptable facility listed under the waste when it is consolidated. change in the site name, site address, or regulations. However, EPA does not Specifically, the records that an LQG are contact information for a VSQG sending agree with that characterization of the required to keep should be sufficient to their hazardous waste for consolidation existing regulations and has expressed distinguish VSQG waste from the LQG’s at the LQG. Several commenters that in writing as far back as 1987.83 As own waste. In addition, there will likely recommended only requiring explained in the guidance, a VSQG must be situations where an LQG supplies the notification of changes to the site name either treat or dispose of its hazardous labels to the VSQG, so using one and/or address of the VSQG. EPA agrees waste in an on-site facility or ensure common label is reasonable. EPA has that if the site name and address delivery to an off-site facility listed in determined that using a different label remains the same, it is not necessary for previous § 261.5(f)(3) and now found at would not improve management of the the LQG to notify again simply because § 262.14(a)(4). hazardous waste at either generator. the contact information for the VSQG In addition, other commenters noted Therefore, EPA has decided that changes. Due to the fact that the VSQG that certain states already operate labeling the VSQG’s waste to be consolidation provision is limited to consolidation programs that go beyond consolidated with the words facilities under the control of the same ‘‘Hazardous Waste’’ (along with the person, the LQG would likely have what EPA is finalizing in this document. other labeling requirements) are knowledge of any change in contact For example, Minnesota operates a sufficient under the consolidation information and could provide that to VSQG collection program (VSQGCP) provision. the implementing agencies if necessary. where non-affiliated LQGs apply and In addition, we are not requiring the are individually reviewed and approved following marking and labeling: (1) 3. Major Comments by the state to receive hazardous waste Other words that identify the contents a. Expanding scope of the provision. from any VSQG at their discretion. of the containers and (2) the applicable EPA also requested comment on Currently, Minnesota has approved 31 hazardous waste number(s) (EPA whether to establish a process that such VSQGCPs, providing relatively hazardous waste code). First, we are not would allow a generator (whether VSQG convenient safe disposal for VSQGs requiring ‘‘the contents’’ of the or LQG) to request approval from its across the state.84 The Utility Solid container to be consistent with the EPA Regional Administrator or the Waste Activities Group also expressed finalized marking and labeling authorized state to transfer hazardous their concern that EPA has not requirements for all generators as waste from VSQGs to LQGs that are not acknowledged many state practices that discussed in section IX.E.1. In addition, under the control of the same person. facilitate the removal of small hazardous we are not requiring the applicable Additionally, the Agency also requested waste streams from remote, unmanned hazardous waste number(s) be included comment on a variation that would locations.85 on the label because we have allow LQGs to consolidate VSQG It is not EPA’s intention to interfere determined that it is not necessary at hazardous waste from VSQGs that are with existing state consolidation this point in the management of the not under the control of the same person programs. If a state has authorized a VSQG waste. Due to the fact that LQGs by submitting a request for approval. facility to manage hazardous waste or do not need to add the hazardous waste The difference under this variation was has permitted, licensed, or registered a codes until the waste is ready to be that after 60 days, the generator could facility to manage municipal solid waste shipped off site to a designated RCRA start consolidating regardless of whether or non-municipal, non-hazardous waste, facility for subsequent management, we it had heard back from the EPA would consider that to be a facility determined that was also the best option implementing agency. allowed to receive VSQG waste under for the VSQG waste being consolidated After consideration of the comments § 262.14(a)(5). In addition, EPA notes at an LQG. Therefore, the VSQG waste received, EPA has decided not to that states can be more stringent and only needs to be labeled with the words finalize an inter-company consolidation thus, can adopt the VSQG consolidation ‘‘Hazardous Waste’’ and an indication of provision at this time. There was not provision finalized in this rule and add the hazards of the contents when it is enough support in the public comments other requirements as they deem sent for consolidation at an LQG under and significant implementation issues necessary and allowable under state the same control. Once at the LQG, the were identified. It is likely that law. date the accumulation starts (i.e., the additional safeguards would need to be date the hazardous waste was received put in place to allow VSQG 83 See RCRA Hotline Monthly Report Question, from the VSQG) must be added to the consolidation at an LQG that is not April, 1987, RCRA Online 12894. label. Of course, if the VSQG wants to under the control of the same person. 84 Minnesota Pollution Control Agency (MPCA), include words that identify the contents After a sufficient number of states adopt Comment Number: EPA–HQ–RCRA–2012–0121– 0232. of the containers and/or the applicable the intra-company consolidation 85 The Utility Solid Waste Activities Group, EPA hazardous waste number(s) provision, the Agency plans to evaluate Comment Number: EPA–HQ–RCRA–2012–0121– (hazardous waste codes), that is how the consolidation option is 0093.
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Effect of the Reorganization: This event of a change to certain information, general awareness in the generator section is affected by the reorganization. such as change in ownership or population of when the biennial report The reorganization of the generator generator category. is due, which could make it easier for regulations moved the conditions for SQGs to comply with this new 1. What is EPA finalizing? VSQGs from § 261.5 to § 262.14 and the requirement. Also, the Agency conditions for LQGs from § 262.34 to The Agency is finalizing the understands that for companies or § 262.17. The reorganization is requirement for SQGs to re-notify EPA facilities that may have multiple sites discussed in section VI of this preamble. (or an authorized state program) that are LQGs and SQGs, it may be beginning in 2021 and every four years difficult to keep track of one schedule L. EPA Identification Numbers and Re- thereafter using EPA Form 8700–12. for LQGs and the biennial report and notification for SQGs and LQGs (40 CFR While still several years away, states another for the SQG re-notification. 262.18) must become authorized for this However, the Agency decided to defer Under existing RCRA regulations, provision. In the meantime, the Agency to the comments regarding how keeping SQGs and LQGs are required to notify will work with the states and the SQG re-notification timing on the same EPA using form 8700–12 (Site ID form) regulated community to develop the cycle as the biennial report would in order to obtain an EPA identification necessary software and instructions to overwhelm state and EPA workload number. The Site ID form contains such effectively implement this new capacity to keep up with the data information as the name and address of requirement. This re-notification submissions. In order for the data to be the generator, the industrial sector in requirement will also occur in years in usable and the collection effort which it belongs (i.e., NAICS code), which federal biennial reporting is not worthwhile, the Agency must be able to name of a facility contact, what type of required. This form must be submitted ensure it is entered into our system waste activities take place at the facility, by September 1st of each year in which correctly and we believe the four year etc. Without such an identification re-notifications are required. cycle alternating with the biennial number, a generator cannot treat, store, In addition, EPA is finalizing in report will best address capacity issues. dispose of, or transport its hazardous § 262.18(d)(2) the formalization of LQGs Both state and industry commenters waste. Subsequent to obtaining an EPA re-notifying using EPA Form 8700–12, pointed out that many states already ID, there is no federal regulation the RCRA Site Identification form, as require annual re-notification by LQGs requiring SQGs or LQGs to re-notify part of the LQG’s biennial report and some for SQGs as well. Most asked EPA to update their site information or required under § 262.41. that EPA clarify that this collected state confirm the information remains Note that the changes to the data can be used to satisfy the federal accurate. However, LQGs do update regulatory text for § 262.18 in this action SQG re-notification requirement. We are their site information every two years as take into account the revisions being clarifying that as long as the more part of the biennial report, as the Site ID made as a part of the ‘‘Hazardous Waste frequently state-collected data is form is part of the biennial report Export-Import Revisions’’ Final Rule transferred into the national RCRA submission. (Docket ID EPA–HQ–RCRA–2015–0147; information management system or The lack of a re-notification FRL–9947–74–OLEM), including the RCRAInfo by the state on the timetable requirement, especially for SQGs at the reference in § 262.18(e) for recognized EPA is finalizing in this rulemaking for federal level, greatly impairs EPA’s and traders. SQG re-notification, these existing state the states’ ability to use the information 2. What changed since proposal? regulations would meet the for compliance monitoring and requirement. programmatic purposes. This is because The Agency, in response to Two concepts were raised by a one-time notification provides no comments, increased the interval for commenters that EPA intends to assurance that the information collected SQG re-notifying from every two years investigate for possible changes to the in EPA’s and the states’ databases over to every four years. A number of Site ID form in the future. First, time will accurately reflect which commenters responded to our requests commenters asked for the ability to facilities are generating hazardous for alternative timing for SQG check a box certifying that their site ID waste. notification. Significantly, we heard information had not changed rather than To address these issues, the Agency from a number of states as well as the have to fill out the entire Site ID form proposed several changes to the RCRA RCRAInfo Expert Group (a group of EPA each time they re-notify. By increasing SQG and LQG site-identification and re- and state RCRAInfo data experts), that the time interval for SQG re-notification notification processes. First, we keeping the SQG notifications on the to every four years, EPA believes there proposed to add an independent same cycle as the biennial report is too will be reduced burden, but requirement for LQGs that reflects burdensome and not practical given the understands this option would increase existing processes by which LQGs large volume of data they receive for the efficiency for the regulated community already submit Site ID forms as part of biennial report. These commenters and implementers. We intend to work the biennial reporting process. Second, suggested that we reduce the frequency with our national data experts to we proposed that SQGs must re-notify of SQG notifications from two years to explore a possible form change to EPA using the Site ID form prior to every four years and stagger it from the accommodate this idea. Second, February 1 of each even-numbered year, timing of the biennial report. The EPA commenters asked for a check box or similar to the biennial report with the agrees with these experts and, as another mechanism to inactivate a SQG re-notifications occurring one described previously, is finalizing the RCRA Site ID number. EPA intended for month prior. EPA took comment on SQG re-notification requirement with the SQG re-notification process to alternative time frames for SQG re- these changes as recommended. provide a mechanism for EPA and the notification such as every four years, There was varied support from states to deactivate RCRA identification alternate cycles from the biennial report, commenters on alterative timing for numbers when no activity occurred for and rolling re-notifications. Finally, SQG notification. Some commenters long periods of time. The Agency EPA took comment on whether a better supported keeping the timing to every intends to work with our state partners approach would be for EPA to require two years both on the biennial report in exploring whether the Site ID form or an SQG or LQG to re-notify only in the cycle and off. EPA agrees there is data system changes can be made, or
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guidance issued, to allow this action to While the Agency took comment on reorganization of the generator occur. this option, we believe that having EPA regulations moved the requirements for Some in industry questioned the need and states conduct a census re- EPA identification numbers from for such information. Commenters notification process every four years is § 262.12 to § 262.18. The reorganization suggested that alternative information a more cost effective process is discussed in section VI of this collection mechanisms already exist, guaranteeing a greater response rate preamble. such as using the Biennial Report than requiring a self-initiation process M. Provision Prohibiting Generators submission for LQGs and manifest data. on the part of generators (i.e., from past From Disposing of Liquids in Landfills First, the existing one-time notification experience, EPA and the states have had (40 CFR 262.14(b) and 262.35) for SQGs provides no assurance that the to remind many generators they failed to information collected by EPA and many re-notify). In fact, the Minnesota RCRA section 3004(c) prohibits the disposal of bulk or non-containerized states, over time, will accurately reflect Pollution Control Agency comments liquid hazardous waste or free liquids which facilities are generating strongly cautioned EPA to not adopt this contained in hazardous waste in any hazardous waste and whether they still approach and to learn from Minnesota’s landfill. This prohibition is necessary are SQGs. EPA agrees that the Biennial negative experience requiring re- because the disposal of liquids in Report required by LQGs does provide notification when events occur. EPA landfills can be a significant source of a mechanism by which LQGs regularly and the states also have experience leachate generation. Restricting the re-notify, and we are simply codifying regarding how to implement a census introduction of liquids into landfills that process in this final rule. While re-notification process via the Biennial would minimize the leachate generation TSDFs report hazardous waste received Reporting process for LQGs that they potential of landfills and reduce the risk by SQGs in their Waste Received (WR) can apply to the new SQG re- notification process. of liner failure and subsequent form, they do not identify the generator contamination of the ground water.88 category of the facility they are receiving The retail sector also requested that the Agency limit the periodic re- The Agency codified this prohibition for waste from, only the RCRA municipal solid waste landfills identification number. From experience, notification requirement for their stores, and provide a streamlined process for (MSWLFs) at § 258.28, and at § 264.314 the Agency has found there is no and § 265.314 for permitted and interim guarantee that cross walking the RCRA large retail chains (e.g., allowing a consolidated update that identifies only status hazardous waste landfills. This identification number of a facility prohibition is not a new provision and key changes).87 The Agency reported in the WR form with the has been in place for almost 25 years. understands the retailers’ concerns, information found in an existing RCRA However, the Agency believes it is which are among the reasons we are not Site Identification form will guarantee important to emphasize that the finalizing re-notification based on that the regulatory category of the responsibility for complying with this specified events. EPA continues to generator is correct. Therefore, the statutory provision resides not only explore the various approaches to the Agency believes periodic re-notification with municipal and hazardous waste retail sector as they, similar to is required. haulers and landfill operators, but also laboratories, tend to operate very With respect to using manifest data, with hazardous waste generators. differently than typical hazardous waste currently manifest data is owned by the Additional information can be found in generators and face unique issues with states and not required to be sent EPA. the preamble of the proposed rule (80 the RCRA regulations. This is changing with the e-Manifest FR 57971). system under development, in that the Finally, EPA is clarifying that when e-manifest data will be available to EPA an SQG or LQG changes location, it is 1. What is EPA finalizing? and the states. However, as the system required to notify EPA because a new The Agency is finalizing the proposed is being designed, specifications do not RCRA identification number will be regulatory language prohibiting include a generator category data needed as these numbers are tied to a hazardous waste generators from element, nor is including this data physical site. EPA and the states will disposing of liquid hazardous wastes in element possible without a regulatory work with the generator to inactivate the landfills. The final regulatory language change. However, the Agency will previous RCRA identification number is located at § 262.14(b) for VSQGs and continue to investigate the feasibility of held by the generator while also at § 262.35 for SQGs and LQGs. As using e-Manifest data to identify active assigning a new RCRA Identification explained in the proposal, EPA is SQGs and LQGs. number. Also, while not required, EPA clarifying existing language to recommends that generators who A number of commenters supported emphasize that hazardous waste change ownership re-notify and alert the idea that SQG re-notification be generators are also responsible for EPA or their state that a new owner is required when a specified event occurs. complying with this provision. Also, the responsible for the management of Technically, generators already have Agency is adding references to § 264.314 hazardous waste at the facility. this capability. The existing instructions and § 265.314 in the SQG and LQG Overall, this provision of the final for completing EPA Form 8700–12 regulation (§ 262.35). Liquid waste rule provides a balanced approach include the statement, ‘‘You must use disposed in a hazardous waste landfill between the re-notification needs of this form to submit a subsequent must meet the additional requirements EPA, the states, and SQGs. We will notification if your site already has an in § 264.314 and § 265.314, notably the work with all parties to ensure its EPA Identification Number and you requirement that the sorbents be effective implementation. wish to change information (e.g., nonbiodegradable. EPA is adding these Effect of Reorganization: This section generator status, new site contact references to § 262.35 in response to is affected by the reorganization. The person, new owner, new mailing comments about sorbed hazardous waste liquids and to clarify the address, new regulated waste activity, 2015-11/documents/2015_hwr_instructions_ 86 requirements that must be met prior to etc.).’’ forms.pdf. 87 See Comments of the Retail Associations in disposal in a hazardous waste landfill. 86 See 2015 Biennial Report Instructions, page 11– Response to EPA’s proposal, Docket ID NO. EPA– 12 at https://www.epa.gov/sites/production/files/ HQ–RCRA–2012–0121, December 23, 2015. 88 October 9, 1991, 56 FR 51055.
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2. Major Comments landfill.89 90 For example, one criterion, implementing this program, the Agency as some commenters pointed out, is that identified areas where clarifications and Several commenters expressed the sorbent must be non-biodegradable changes to these regulations could concern that the proposed regulatory if disposed in a hazardous waste improve both program efficiency and language would cause confusion and landfill. In instances where effectiveness. The Agency proposed force generators to alter their current biodegradable sorbents are used, such as such changes as part of this rulemaking. practices for disposal of liquids. This prior to incineration or energy recovery, A discussion of the proposed changes was not the intent of this proposed then SQGs and LQGs must ensure that being finalized follows. regulation; EPA simply wanted to make these wastes are not disposed in a generators more aware of this hazardous waste landfill. VSQGs are not EPA proposed to modify the biennial prohibition. Because the statutory required to follow the additional criteria reporting regulations for generators prohibition was codified in the TSDF in § 264.314 and § 265.314 if they are found at 40 CFR 262.41 in order to make regulations and not in the generator disposing their waste in a MSWLF, but the regulations consistent with Agency regulations, some generators may have they must still ensure that their waste guidance, including its biennial report been unaware of the prohibition against contains no free liquids prior to disposal instructions and forms. More the disposal of liquids in landfills. EPA in any landfill. specifically, the Agency proposed the disagrees with the commenter’s Some generators commented that they following revisions: (1) Only LQGs need suggestion to alter the proposed have agreements where a TSDF is to submit biennial reports; (2) LQGs regulatory language for generators. EPA stabilizing all or some of their liquid must report all of the hazardous waste concludes that the proposed regulatory hazardous waste. These generators are they generate for the entire reporting language prohibiting liquids in landfills concerned that this regulation will end year, not just the month(s) the generator is appropriate because the language was these agreements. EPA would like to was an LQG; (3) LQGs completing a adopted directly from the statute and clarify that this practice is not restricted biennial report must report all the same language is found in other by this regulation and generators may hazardous wastes they generated in the parts of the regulations which applies to continue to ship their liquid waste to reporting year, regardless of whether generators. It would be confusing to TSDFs for stabilization. they transferred the waste off site during have slightly varying versions of this Effect of the Reorganization: This the reporting year; and (4) a reference to prohibition for each generator category section is not affected by the the biennial report form (EPA Form and TSDFs. reorganization. Regulatory language 8700–13) at § 262.41 rather than the list regarding the prohibition of liquids in A few commenters had concerns over of specific data elements in currently at landfills was duplicated from § 258.28, that citation. the phrase ‘‘whether or not sorbents and at § 264.314 and § 265.314. have been added’’ in the proposed Additionally, EPA proposed to regulatory text. The Agency is clarifying N. Clarification of Biennial Reporting modify the title of part 262 subpart D that this phrase does not restrict the use Requirements (40 CFR 262.41, 264.75 from ‘‘Recordkeeping and Reporting’’ to of sorbents as treatment prior to and 265.75) ‘‘Recordkeeping and Reporting disposing in a landfill. If sorbents have The Agency proposed changes to Applicable to Small and Large Quantity been used but free liquids are still biennial reporting requirements at Generators’’ in order to highlight which present, then the waste is prohibited § 262.41, § 264.75 and § 265.75. For entities need to comply with this from disposal in all landfills. However, purposes of convenience and efficiency, subpart. if there are no free liquids as defined in a discussion of proposed changes being With respect to permitted and interim § 260.10 after the use of sorbents, then finalized in this rulemaking are status TSDFs at § 264.75 and § 265.75, the waste may be disposed in the correct consolidated here. corresponding landfill. The biennial report provides EPA and EPA proposed to modify the regulations at §§ 264.75 and 265.75 to eliminate the EPA would like to clarify how current the states with important information from all LQGs and RCRA treatment, list of specific data elements and to practices that remove free liquids prior require the completion and submission to disposal in a landfill will not be storage and disposal facilities associated with hazardous waste generation and of all data elements in the biennial altered by this proposed regulatory report form (EPA Form 8700–13). language, although commenters management. For LQGs, this believed otherwise. These current information includes, for each 1. Standards Applicable for LQGs (40 practices will not be altered by this hazardous waste generated, the quantity CFR 262.41) regulation and most generators should generated and the hazardous waste be able to continue operating as they composition, as well as how and where a. What is EPA finalizing for LQGs? have prior to this rule unless their waste this waste is managed. For TSDFs, this First, only LQGs need to complete and contains free liquids when disposed in information includes hazardous wastes submit biennial reports. The previous landfills. If there are free liquids, they received from not only LQGs but also regulatory text was unclear as to which SQGs and VSQGs. This information is are already out of compliance with the generators had to submit a biennial used to support various EPA and state current requirements even before this report. Previous regulatory text also did program management and compliance rule takes effect. Methods that remove not include the word ‘‘complete’’ which monitoring functions. or solidify free liquids, such as mixing now has been added. However, the The regulations associated with Agency is modifying the regulatory text in sorbents until no free liquids are biennial reporting by both generators per a comment to clarify that present, must continue to be utilized by and TSDFs have been in existence for information is to be reported for every all generators prior to disposal in any approximately thirty years with very odd-numbered year and that the actual landfill. However, sorbed hazardous little change over this time period. From Biennial Report must be completed and waste liquids by an SQG and LQG must experience through years of meet additional criteria specified in submitted using EPA Form 8700–13 A/ § 264.314 and § 265.314 prior to 89 November 18, 1992, 57 FR 54452. B to the Regional Administrator by disposal in a hazardous waste 90 RCRA Online 11798, November 17, 1993. March 1 of the following even-
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numbered year.91 The states may have hazardous wastes generated in the Management and Budget (OMB). Before more frequent or additional data reporting year but not yet shipped off amending the ICR, EPA publishes a reporting requirements over and above site because LQGs have up to 90 days notice in the Federal Register informing EPA’s and may use a different, but to accumulate hazardous wastes prior to the public that the ICR is to be equivalent, form to collect federal data either managing the material on site or amended, and takes comment on the and satisfy their own program data shipping it off site to a TSDF. Hence, the draft form, which is available in the reporting needs. possibility existed that EPA and the docket. Moreover, there is a follow-up Second, LQGs must report all of the states were not obtaining a reliable notice in the Federal Register informing hazardous waste they generate for the estimate of how much hazardous wastes the public when the ICR amendment entire reporting year, not just the was generated annually by LQGs. has been submitted to OMB for month(s) the generator was an LQG. Several commenters were concerned approval. In the future, in order to Almost all states require their LQGs to that such a change would dramatically ensure more transparency, the Agency perform this function already since the alter the existing processes and also will post a copy of the draft form Biennial Report instructions require procedures long established by LQGs, along with a discussion of any proposed such reporting. This change simply and by TSDFs who support LQGs in changes, including the need for such creates consistency between the completing the Biennial Report. Others changes, as part of the Federal Register instruction and regulations. This change pointed out that EPA was obtaining a notice. As part of this process, the also provides EPA and the states with a reliable estimate of hazardous wastes Agency also will inform stakeholders of much more reliable estimate of generated by LQGs, although not this Federal Register notice on the hazardous waste generated annually. As necessarily in a clear cut manner. A RCRAInfo Web page at https:// stated in the preamble to the proposed closer examination of existing biennial rcrainfo.epa.gov/rcrainfoweb/. rule, LQGs should have this information reporting instructions revealed that the One state commenter also disagreed available through their hazardous waste amount reported included: (1) that LQGs had to submit hazardous manifests and other counting processes. Hazardous waste generated and waste generation information for the Third, rather than citing specific data accumulated on site and subsequently months they were either an SQG or elements to be reported in § 262.41, as managed on site or shipped off site in VSQG. The Agency believes generators proposed, the Agency is simply the reporting year; or (2) hazardous should not find it difficult to submit this referencing the Biennial Report form waste generated and accumulated on information because they will have (EPA Form 8700–13 A/B) at § 262.41(a) site in the reporting year but not maintained hazardous waste manifest and (b) in this final rule. Through the managed on site or shipped off site until records which identify the quantity of years, the Agency has modified what the following year; or (3) hazardous hazardous waste generated over a data elements it was collecting in the waste generated and accumulated on particular time period. Likewise, if the biennial report through changes in site prior to the reporting year but either generator is an SQG or VSQG for eleven biennial report instructions but not managed on site or shipped off site in months of the year they may be able to updating the regulations. Therefore this the reporting year. In other words, an take advantage of the new episodic change formalizes this process. Several estimate of hazardous waste generated event regulations being finalized at commenters had concerns about this by LQGs is already being captured and § 262.230. As already discussed, almost process as discussed in this section. reported for a 12 month period, but not all states already require this The Agency is also not finalizing a necessarily only in the reporting year. information as part of their biennial commenter’s suggestion that an LQG be Based on these comments, EPA is not reporting requirements, and it has long allowed to report a solid waste that was finalizing the proposed § 262.41(a) been included in the BR instructions. generated at the end of a reporting year, changes and will instead revert back to Another commenter mentioned that it but which was not determined to be the previous language found in may be difficult for generators to hazardous until the beginning of the § 262.41(a). determine in a precise way the amounts next, or non-reporting, year. With the c. Major comments.. Many of the of waste that were generated at the Agency maintaining the existing comments submitted by individuals and beginning and end of each reporting regulatory framework for what must be organizations concerned these issues. year, particularly for wastes that are reported (i.e., hazardous waste However, a number of commenters generated in small amounts at a time or generated and also sent off site in the expressed concern regarding the that are initially stored in satellite reporting year, this situation no longer Agency’s process of involving the public accumulation areas, since they typically matters. in making changes to the Biennial do not keep the records necessary to b. What changed since proposal? In Report forms now that the regulatory produce this information—especially by the proposed rule, the Agency modified language will cite the form and no the time the reports are due, which the regulatory text at § 262.41(a) to longer identify the required data to be could be a year or more after the fact. require all LQGs to complete and submit submitted. Specifically, commenters Generators are responsible for a biennial report for all hazardous mistakenly believed that EPA may calculating the amount of hazardous wastes generated in the reporting year. impose additional substantive reporting waste they generate monthly to This change altered what hazardous requirements by simply changing the determine their generator category. waste has to be reported, particularly for form, rather than through a rulemaking Therefore, generators should have the to change § 262.41. However, the LQGs that manage their waste off site. requisite processes in place to Agency has been following the Under the previous biennial reporting accomplish this function. Administrative Procedures Act (APA) One state expressed concerns that any regulations, an LQG had to report all and will continue to do so. Commenters changes to EPA Form 8700–13 A/B hazardous wastes both generated and may not have been aware but changes to would also involve changes to the shipped off site to a TSDF within the EPA Form 8700–13A/B are subject to Biennial Report instructions and forms, United States. Not included were the Paperwork Reduction Act (PRA), as well as the RCRAInfo database, and 91 See comments from the staff of the Hazardous which requires an amendment to the wanted to ensure state input in this Waste Section in the Hawaii Department of Health, Information Collection Request (ICR), process. The Agency wants to assure all Docket No. EPA–HQ–RCRA–2012–0121–0082. which is approved by the Office of stakeholders that we will work with our
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state partners in developing any changes remove the unwanted material from regulations and some common to Biennial Report forms and each laboratory under the following two misunderstandings about them. instructions, as well as any changes to timetables: (1) every 6 months; or (2) Many academic institutions indicated the RCRAInfo database, through within 10 calendar days, if the that they are not able to opt into subpart established processes and procedures. laboratory accumulates more than 55 K because they are in states that have Note that the changes to the gallons of unwanted material or 1 quart not adopted subpart K. Since subpart K regulatory text for § 262.41 in this action of reactive acutely hazardous unwanted was finalized in 2008, EPA has made an take into account the revisions being material. effort to track which states have adopted made as a part of the ‘‘Hazardous Waste Operating under the SAA regulations, the rule. At this point, subpart K is Export-Import Revisions’’ Final Rule an eligible academic entity has no time effective in approximately 22 states.92 (Docket ID EPA–HQ–RCRA–2015–0147; limit for accumulation. Therefore, for Additional states have told EPA they are FRL–9947–74–OLEM), including smaller eligible academic entities that in the process of adoption. Some of the changing the reference to ‘‘§ 262.56’’ do not accumulate 55 gallons in a states that have not adopted subpart K that used to be in § 262.41(b) to a laboratory, subpart K’s six-month have told EPA it is because the colleges reference to ‘‘§ 262.83(g)’’ in § 262.41(c). accumulation time limit can mean a and universities in their state have not shorter, more stringent, accumulation expressed an interest in opting into the 2. Standards Applicable for TSDFs (40 time than they have under the satellite rule, so they didn’t see the need to go CFR 264.75 and 265.75) accumulation area regulations. Eligible through the process of adopting and a. What is EPA finalizing? The academic entities have cited this shorter becoming authorized for this regulation. Agency is also finalizing the provision accumulation time as a disincentive for Few, if any, states have expressed an that requires permitted and interim opting into the alternative standards in outright opposition to adopting subpart status TSDFs at § 264.75 and § 265.75, subpart K. The Agency, therefore, K. EPA strongly encourages the states respectively to complete and submit proposed to increase the accumulation that have not adopted subpart K to do EPA Form 8700–13 A/B to the Regional time limit in an eligible academic so; however, we do not have the Administrator by March 1 of each even entity’s laboratory to 12 months. authority to mandate or compel them to numbered year for facility activities 1. What is EPA finalizing? adopt this rule, as it was not deemed during the previous calendar year. This more stringent than the standard change is similar to those proposed for We are finalizing the increased generator regulations. LQGs at § 262.41. accumulation time limit, as proposed. Another common theme from the b. Major comments. Comments Therefore, laboratories at eligible commenters was that subpart K, which received were very similar to those academic entities that have opted into was designed for laboratory operations, discussed under § 262.41 where concern subpart K will be required to remove the should apply across the academic was expressed with the process EPA unwanted material from each laboratory institution, and not just to laboratories. would use to notify stakeholders that under the following timetables: (1) Commenters argue that opting into changes to EPA Form 8700–13 A/B were Every 12 months; or (2) within 10 subpart K obligates the institution to being proposed. Commenters were calendar days, if the laboratory operate under more than one set of concerned that EPA might impose accumulates more than 55 gallons of RCRA regulations at the same substantive reporting requirements unwanted material or 1 quart of reactive institution. However, EPA maintains merely by reference to a form that can acutely hazardous unwanted material. that academic institutions most likely be changed at the Agency’s whim which EPA proposed a number of other have been operating under more than would violate the notice and comment changes to subpart K, but they were all one set of RCRA regulations for some provisions of the APA. As previously conforming changes, meaning they were time, including used oil regulations for described, the Agency will ensure that necessary to make the terminology and the maintenance of their motor vehicle it follows a transparent process with citations consistent with the new fleets, and universal waste for their respect to any proposed changes and generator regulations (e.g., changing the fluorescent bulbs. Furthermore, EPA’s that stakeholders will continue to have term ‘‘conditionally exempt small engagement with academia over the past an opportunity to comment on any quantity generator’’ to ‘‘very small 25 years has always been limited to the proposed form or reporting element quantity generator’’). These conforming management of hazardous waste from changes. changes will also be finalized as laboratories. This includes the Effect of the Reorganization: This proposed. Laboratories eXcellence and Leadership provision is not affected by the 2. Major Comments program (XL Project), as well as the reorganization of the generator pilot project led by the Howard Hughes regulations. Although we received approximately Medical Institute (HHMI) to develop 60 comments from academic O. Extending Time Limit for and implement a performance-based institutions, very few commented on approach to the management of Accumulation Under Alternative this specific proposed change. All that Requirements for Laboratories Owned laboratory waste at ten colleges and did comment on this proposed change, universities. These efforts regarding by Eligible Academic Entities (40 CFR were in favor of the longer accumulation part 262 Subpart K) hazardous waste were targeted at time. laboratories because of the way in Under 40 CFR part 262 subpart K, The remainder of the comments which hazardous wastes are generated eligible academic entities have the received from academic institutions in laboratories: There are a large number choice of operating their laboratories were outside the scope of the narrow of waste streams that vary over time and under the alternative subpart K and specific change that we proposed to the wastes are often generated by standards instead of the satellite subpart K. Although we are not legally students, who lack the training and accumulation area regulations at 40 CFR obligated to respond to comments accountability of a professional 262.15. When subpart K was initially outside the scope of the proposal, in this promulgated, if the eligible academic case we are choosing to respond to 92 http://www.epa.gov/hwgenerators/where- entity chose to operate its laboratories certain comments in order for EPA to managing-hazardous-waste-academic-laboratories- under subpart K, the entity had to better explain the existing subpart K rule-effect.
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workforce. For that reason, at no point • §§ 264.15(b)(4) and 265.15(b)(4): subpart J. We have also removed and in developing subpart K did EPA ever references to the requirements for reserved the reference at § 262.10(j) to indicate it was considering a hazardous inspection of areas of the facility subject the University Laboratories Project XL. waste regulation that would apply to the to spills in §§ 264.15(b)(5) and Effect of the Reorganization: This entire academic institution. 265.15(b)(5), respectively; section is not affected by the Finally, in its comments, the Campus • §§ 264.15(b)(5) and 265.15(b)(5): reorganization. requirements for Performance Track Safety Health and Environmental X. Addition to 40 CFR Part 262 for member facilities that reduce inspection Management Association (CSHEMA) Generators That Temporarily Change offered to lead a dialogue with EPA frequency for areas subject to spills; • §§ 264.174 and 265.174: references Generator Category as a Result of an about how to make subpart K more Episodic Event useful to the academic sector.93 EPA to Performance Track requirements for spent considerable time and resources inspections of areas where containers A. Introduction addressing the needs of the academic are stored; EPA is finalizing the revisions to the • §§ 264.195(e), 265.195(d), and community when it developed subpart generator regulations that allow a VSQG 265.201(e): requirements for K. EPA believes that before we enter or an SQG to maintain its existing Performance Track member facilities for into additional dialogue on this generator category if, as a result of a inspections of tank systems; regulation, more states need to adopt it planned or unplanned episodic event, • §§ 264.1101(c)(4) and and more colleges and universities need the generator would generate a quantity 265.1101(c)(4): requirements for to opt into it so that data on the rule and of hazardous waste in a calendar month Performance Track member facilities for its effects are available. sufficient to cause the facility to move reduced inspections of containment Effect of the Reorganization: This into a more stringent generator category buildings; section is not affected by the • § 270.42(l): procedures for permit (i.e., VSQG to either an SQG or an LQG; reorganization. modifications for Performance Track or an SQG to an LQG). This revision member facilities; and allows a VSQG or an SQG to generate P. Deletion of Performance Track and additional quantities of hazardous Project XL Regulations • Appendix 1 to § 270.42— Classification of Permit Modification, waste—exceeding its normal generator EPA launched the National Section O.1: Indication that a permit category limits temporarily—and still Environmental Performance Track in modification for reduced inspections for maintain its existing generator category, 2000 to provide regulatory and a Performance Track member facility is provided it complies with the specified administrative benefits to Performance a Class 1 permit modification. conditions. Because these events are Track members. Performance Track was These provisions were added to the considered to be temporary and a public-private partnership that regulations in the National episodic in nature, the hazardous waste encouraged continuous environmental Environmental Performance Track generator may only use this provision improvement through use of Program final rule, dated April 22, 2004 once every calendar year, unless there is environmental management systems, (69 FR 21737), the Resource a second event for which the generator community outreach, and measurable Conservation and Recovery Act Burden receives approval from EPA to manage 94 results. In order to provide regulatory Reduction Initiative final rule, dated as an additional episodic event. benefits to members, EPA made changes April 4, 2006 (71 FR 16862), and the Under the RCRA regulatory to the RCRA hazardous waste Academic Laboratories final rule, dated framework for hazardous waste regulations, among others, that December 1, 2008 (73 FR 72912). generators, a generator’s category is specifically referenced members of EPA is also removing references to determined by the quantity of hazardous Performance Track. Project XL programs that have been waste it generates in a calendar month. EPA terminated the Performance discontinued. These include the New As described in the proposed Track program in 2009. Therefore, EPA York State Public Utilities Project XL rulemaking at 80 FR 57972, at issue is is removing obsolete references to program at subpart I of 40 CFR part 262 when the generator generates an Performance Track in the RCRA and the Laboratories Project XL program additional quantity of hazardous waste hazardous waste regulations as a part of at subpart J of 40 CFR part 262. The in a calendar month as a result of an this rulemaking. In some cases, a whole New York State Public Utilities Project episodic event—planned or paragraph of regulation will be removed XL piloted a program to allow public unplanned—only to revert back to its and in other instances we will remove utilities located in New York State to normal waste generation quantities in just the part of the paragraph that consolidate at central collection the following month. For example, one references Performance Track. The facilities hazardous wastes generated at such event would be if a VSQG plans a deleted paragraphs will be reserved to remote locations. The Laboratory XL short-term demolition project that reduce the possibility of confusion by Project was created for Boston College, generates an additional 500 kilograms of replacing them with other regulations. the University of Massachusetts, and the hazardous waste in the calendar month, The following references are being University of Vermont, and was resulting in the VSQG becoming an SQG removed: finalized in the Federal Register on for that calendar month. However, once • § 260.10: definition of Performance September 28, 1999 (64 FR 53292). The the demolition project has been Track member facility; Laboratories Project XL piloted an completed, the generator’s waste • § 262.34(j), (k), and (l): regulations alternate hazardous waste management generation drops such that it again for accumulation of hazardous waste by system for college and university qualifies as a VSQG. Other examples of LQGs in Performance Track; laboratories. Originally, the program planned episodic events include tank • § 262.211(c): two parenthetical was to expire on September 30, 2003. cleanouts, short-term construction references to § 262.34 (j) and (k) in the On June 21, 2006, EPA extended the projects, short-term site remediation, regulations for academic labs in subpart program to April 15, 2009 (71 FR 94 K of part 262; 35550). Now that the program has now Note that when a state begins implementing this provision as part of its authorized RCRA expired, EPA is removing paragraph (j) program, all petitions and approvals are managed 93 EPA–HQ–RCRA–2012–0121–0158. from § 262.10, as well as part 262 by the authorized state rather than EPA.
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equipment maintenance during plant For both VSQGs and SQGs taking the Agency is not limiting an episodic shutdowns, and removal of excess advantage of this provision, the event to a single project within the chemical inventories. Unplanned following conditions must be met: (1) generator’s facility. In fact, a generator episodic events, which EPA expects Episodic events are limited to one per could start and complete multiple would be less frequent, include calendar year; (2) the generator must projects (e.g., a small demolition project, production process upsets, product notify EPA at least 30 calendar days a tank cleanout, and removal of excess recalls, accidental spills, or ‘‘acts of prior to initiating a planned episodic chemicals) at different dates within the nature,’’ such as a tornado, hurricane, or event or within 72 hours after an 60-day time limit, so long as all projects flood. unplanned episodic event; the generator are completed within the 60-day start must identify the start and end dates of and end dates identified on the EPA has determined that requiring a the episodic event, which may be no notification form. Under that scenario, VSQG to comply with the additional more than 60 days apart, as well as all hazardous waste generated would be SQG or LQG regulations or an SQG to other information about the event; and considered part of the same episodic comply with the LQG regulations for the identify a facility contact and/or event. month its hazardous waste exceeded the emergency coordinator with 24-hour 2. Notification quantity limits based on an episodic telephone access to discuss notification event (planned or unplanned) is submittal or respond to an emergency A VSQG or an SQG must notify EPA unnecessary to protect human health related to the episodic event; (3) the no later than 30 days prior to initiating and the environment. Instead, the generator must obtain an EPA ID a planned episodic event using EPA Agency is finalizing the more practical number (VSQGs); (4) the generator must Form 8700–12 (Site ID form). approach laid out in the proposed rule comply with specified hazardous waste Subsequent to the publication of this to ease compliance for episodic management conditions as the waste is final rule, EPA will be revising form generators and still protect human accumulated on site; (5) the generator 8700–12 to account for the new rule health and the environment, with some must use a hazardous waste manifest provisions, but in the meantime, we will minor changes. By complying with the and hazardous waste transporter to ship issue guidance on how to use the form specified conditions, the generator the waste generated by the episodic in its current state to make this would be able to maintain its current event to a RCRA-designated facility notification. The hazardous waste generator category and would not be within 60 calendar days from the start generator must identify the dates the required to comply with the more of the episodic event; and (6) the episodic event will begin and end—a stringent site-wide regulations generator must complete and maintain time frame not to exceed 60 calendar applicable to the higher generator specified records. days—as well as describe the reason for category. EPA currently estimates that EPA is also finalizing a petition the event and the types and estimated approximately 1,270 to 2,540 generators process at § 262.233 to allow hazardous quantities of hazardous wastes that may take advantage of this provision waste generators to request from EPA would be generated during the event. once it is adopted by the authorized one additional episodic event within the For a generator’s first event in a states.95 same calendar year to cover the calendar year, the episodic event begins on the date identified on its form 8700– B. What is EPA finalizing? possibility that a generator could face an unplanned episodic event in the same 12. The date identified on the Under the final rule, a VSQG or an year it is conducting a planned event. notification form as the start date for the SQG generating an increased quantity of The regulations for episodic generators episodic event is assumed to be the date hazardous waste because of an episodic are found in a new part 262 subpart L, of the release or the date the generator event that results in a temporary change §§ 262.230–262.233. initiates physical action in generating in a generator’s category would be able and accumulating the hazardous waste. 1. Number of Episodic Events per Whether such action actually occurs on to maintain its existing generator Calendar Year category, provided specified conditions that date or after by the generator will are met. EPA has determined that these Under the episodic generator have no impact in changing the end date conditions will be sufficient to ensure provisions in subpart L, a VSQG or an of the episodic event identified on the these additional hazardous wastes are SQG may exceed its generator category notification form. The end date must be managed in an environmentally sound limits only once per calendar year no later than 60 calendar days from the manner. Like the general framework of without affecting its generator category, date identified on the notification form the regulations for generators, should a with the opportunity to petition EPA for as the start date of the episodic event. VSQG fail to meet the specified a second event. EPA has several reasons If the generator does not know the conditions, it loses the VSQG exemption for this restriction. First, if a VSQG or exact day the event will end at the time and becomes the operator of a non- SQG exceeds its generator category of notification, it can notify using an exempt storage facility unless it also limits more frequently than once per end date that is 60 calendar days from immediately complies with all of the calendar year, EPA is concerned that the start of the event as long as it conditions for exemption for an SQG or these generators are more likely to be ensures that all hazardous waste from LQG. If an SQG fails to meet any routinely generating greater amounts of the episodic event is shipped off site by specified condition for exemption, it hazardous waste and thus it is more that date. Should an unplanned event occur, the loses its exemption and becomes the appropriate for the generator to comply generator must notify EPA within 72 operator of a non-exempt storage facility with the regulations applicable to the hours via phone or email, and unless it immediately complies with all higher generator category, at least for the subsequently submit EPA Form 8700–12 of the conditions for an exemption for months they exceed the quantity limits (Site ID form) with the same information an LQG. for their generator category. Second, EPA believes most hazardous laid out above for a planned event. In waste generators experience an episodic the case of spills of hazardous materials, 95 See the docket for the Regulatory Impact Assessment of the Potential costs, Benefits, and event infrequently, such as once every a 72-hour time frame for reporting the Other Impacts of the Final Hazardous Waste few years, and these events are typically spill to the authorities is common and Generator Improvements Rule. planned maintenance projects. Third, allows the facility some time to evaluate
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the situation before requesting the the same as those for LQGs and SQGs the release of the hazardous waste or episodic event. A facility would have to accumulating hazardous wastes in hazardous constituents to air, soil, or wait for EPA to respond to the petition containers in the course of normal water, which could threaten human for a second event, but this should not business operations and are necessary to health and the environment. impact the initial steps that the protect human health and the As mentioned already, an emergency generator has to take to appropriately environment. In addition to these, the coordinator (in compliance with manage the hazardous waste since those VSQG must mark the date that the § 262.16(b)(9)(i)) must be identified for standards still apply. episodic event began clearly on each the duration of the episodic event on the container. 3. EPA ID Number notification form. An emergency For tanks, the VSQG must mark or coordinator is needed because the A VSQG generating and accumulating label the tank containing hazardous VSQG will be generating greater quantities of hazardous waste using the waste accumulated during the event amounts of hazardous waste than episodic event provisions to manage with the words ‘‘Episodic Hazardous normal and, should an accident occur, hazardous waste must obtain an EPA ID Waste’’ and would be required to use the emergency coordinator would need number using EPA Form 8700–12 if one inventory logs, monitoring equipment, to be prepared to handle the situation. has not previously been assigned. A or other records to identify the Under the management standards for generator cannot initiate a hazardous associated hazards and to identify the VSQGs, the generator may not treat waste shipment to a RCRA-designated date that the episodic event began. The hazardous waste generated on site, facility without an EPA ID number. records containing this information except in an on-site elementary (SQGs are already required to obtain an must be on site and available for neutralization unit.96 After considering EPA ID number.) inspection. the comments on treatment by VSQGs In addition, the generator must 4. Waste Management Standards managing hazardous waste under an manage the hazardous waste in a episodic event, EPA has determined that a. Accumulation standards for manner that minimizes the possibility of VSQGs. Under the standard generator the same standards should apply and an accident or release. Management VSQGs may not treat hazardous waste regulations, a VSQG must not standards are critical to ensure the accumulate more than 1,000 kilograms on site under an episodic event. hazardous waste does not pose a risk to Although VSQGs must meet some of non-acute hazardous waste at any one human health and the environment. A time, but otherwise does not have any additional waste management VSQG may use best management requirements for an episodic event, the on-site waste management standards practices to comply with this condition. when accumulating hazardous waste, provisions allowing treatment by SQGs In practice, this includes managing the and LQGs in containers and tanks were primarily because the quantities hazardous waste in containers that are based on those containers meeting the generated every month are so small. in good condition and chemically more extensive standards that However, EPA is finalizing that a VSQG compatible with any hazardous waste containers and tanks at TSDFs must generating episodic hazardous waste accumulated therein and keeping the meet in subparts I and J of parts 264 and that would otherwise cause the VSQG to containers closed except to add or 265.97 These same standards still apply exceed its generator category limit for remove waste. Complying with the to SQGs and LQGs, though they have the calendar month must comply with standards in part 265 subpart I would been copied into part 262 as a part of the following accumulation standards satisfy this condition. for containers and tanks that manage the If a VSQG is managing episodic the reorganization in this final rule. episodic wastes. EPA believes these hazardous waste in tanks, the following However, under the episodic generation standards are necessary because the standards must be followed: (1) Having provisions, VSQGs holding an episodic quantity of hazardous waste that is procedures in place to prevent overflow event do not have to meet these same accumulated during this episodic period (e.g., the tank is equipped with a means standards for waste management—they requires standards for safe management to stop inflow with a system such as a must meet a performance standard in order to adequately protect human waste feed cutoff system or bypass instead. EPA believes that the health and the environment. system to a standby tank when performance standard is appropriate for When accumulating hazardous waste hazardous waste is continuously fed accumulating that waste on site for 60 in containers, the VSQG would be into the tank); (2) inspecting the tank(s) days or less until it is sent off site for required to mark or label its containers at least once each operating day during treatment or disposal, but is not with the following: (1) The words the episodic event to ensure all appropriate for treatment on site by the ‘‘Episodic Hazardous Waste’’ and (2) an applicable discharge control equipment, VSQG. Several commenters argued that indication of the hazards of the contents such as waste feed cutoff systems, VSQGs are sophisticated facilities with of the container—examples of hazards bypass systems, and drainage systems, the capability to safely treat, but EPA include, but are not limited to, the are in good working order and (3) using must design the regulations to be applicable hazardous waste appropriate controls and practices to protective and not based solely on the characteristic(s) (i.e., ignitable, prevent spills and overflows from tank corrosive, reactive, toxic). In the case of or secondary containment systems 96 Elementary neutralization units, as defined in § 260.10, are exempt from RCRA treatment, storage, hazardous wastes ultimately treated and including, at a minimum, spill and disposal standards and permitting disposed of off site, the generator could prevention controls (e.g., check valves, requirements. The elementary neutralization unit use hazard communication consistent dry disconnect couplings); overfill exclusion does not preclude a VSQG from treating with the DOT requirements at 49 CFR prevention controls (e.g., level sensing waste in the exempt unit as long as the generator meets the criteria outlined in §§ 264.1(g)(6), part 172 subpart E (labeling) or subpart devices, high level alarms, automatic 265.1(c)(10), and 270.1(c)(2)(v). Specifically, the F (placarding), use a hazard statement or feed cutoff, or bypass to a standby tank); elementary neutralization unit must meet the pictogram consistent with the OSHA and maintenance of sufficient freeboard definition of a container, tank, tank system, Hazard Communication Standard at 29 in uncovered tanks to prevent transport vehicle, or vessel, and must be used for neutralizing wastes that are hazardous only because CFR 1910.1200, or use a chemical overtopping by wave or wind action or of the corrosivity characteristic. RCRA Hotline Q & hazard label consistent with the NFPA by precipitation. For tank management, A, February 1996, RCRA Online 13778. code 704. These marking standards are such practices are necessary to prevent 97 51 FR 10168, March 24, 1986.
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most sophisticated actors. If a 704. These standards are the same as all hazardous waste resulting from the sophisticated VSQG wants to perform those for SQGs accumulating hazardous episodic event. After considering the generator treatment, it can choose to wastes in containers in the course of comments on the proposal to allow 45 operate as an SQG and meet the normal business operations and are days, the Agency has determined 60 standards that apply to that category. necessary to protect human health and days is a more appropriate time limit b. Manifest use by VSQGs and the environment. In addition to these and is sufficient time for a generator to management at a RCRA-designated standards, the SQG is required to mark complete the episodic event, arrange for facility. When holding an episodic event the date that the episodic event began treatment or disposal, and complete and operating under the provisions of clearly on each container. management of the hazardous waste. subpart L, VSQGs must manifest the For tanks, the SQG must mark or label In the case of planned events, EPA hazardous waste generated from the the tank containing hazardous waste believes that in most cases, hazardous episodic event and send it to a RCRA- accumulated during the event with the waste is likely to be characterized before designated facility. Generally, VSQGs words ‘‘Episodic Hazardous Waste’’ and the event begins and any contracts are not required to manifest their is required to use inventory logs, required for waste removal and disposal hazardous waste to a RCRA-designated monitoring equipment, or other records can also be arranged before the event. facility, but can ship them without a to identify the hazards of the contents However, in the case of an unplanned manifest to one of eight types of and to identify the date that the episodic event, waste may have to be facilities listed in § 262.14(a)(5). event began and ended. The generator characterized and contracts for disposal However, because the VSQG will be must have records containing this bid and negotiated. In order to maintain generating quantities of hazardous waste information on site and available for a parallel structure for planned and that exceed its normal generator inspection. unplanned episodic events, EPA is category thresholds, the Agency has EPA is also finalizing its proposal that finalizing a 60-day time frame. In the determined that the use of a hazardous SQGs may not take advantage of the case of a planned event, the 60 days waste manifest and the shipment of the episodic generation provision for wastes start on the first day of any activities hazardous waste to a RCRA-designated accumulated on drip pads or in affiliated with the event and in the case facility is most protective of human containment buildings. EPA has of a storm or spill, the 60 days start on health and the environment. determined that it is most appropriate the day of the storm. All hazardous However, the condition to manifest that hazardous waste that is being waste generated from the episodic event the hazardous waste and send it off site accumulated and managed on drip pads must be removed, transported by to a RCRA-designated facility only and in containment buildings be hazardous waste transporter with a applies to the hazardous waste managed under the specific hazardous waste manifest, and sent to a generated as a result of the episodic requirements in part 265 subpart W and RCRA-designated facility by the end event. The condition does not apply to subpart DD for those units. If a generator date of the event, no more than 60 days other hazardous waste generated at the experiences an episodic event in an area from its start. In addition, the Agency same time as, but separately from, the of the facility that is separate from its sees no reason to preclude a generator episodic event. However, if the VSQG accumulation in these units, it can use from taking advantage of this provision desires to ship all hazardous waste subpart L for those hazardous wastes. to also dispose of other hazardous generated and accumulated on site to a In addition, the SQG must comply wastes generated during the time of the RCRA-designated facility at once, for with all the conditions of the exemption episodic event. economic or logistical reasons, then it in § 262.16—for example, the waste EPA has determined that events can be sent off site together. This accumulation, waste management, requiring more than 60 days to complete applies whether the hazardous waste employee training, and emergency are not episodic generation of hazardous was generated as a result of the episodic preparedness and prevention waste and the generator should be event, independent of the episodic conditions. operating in a higher generator category event, or prior to the event. d. Manifest use by SQGs. SQGs must to accumulate and manage that c. Accumulation standards for SQGs. manifest the hazardous waste generated hazardous waste. For containers and tanks, EPA is from an episodic event and send it to a As a result of this longer time frame, finalizing accumulation standards as RCRA-designated facility, unless the EPA is not finalizing the proposed conditions for managing waste under waste is managed on site. The Agency provision regarding a petition for an the episodic generation provisions. has determined that the use of a extension to an episodic event. When accumulating hazardous waste hazardous waste manifest and shipment 6. Recordkeeping generated as a result of an episodic of the hazardous waste to a RCRA- event in containers, the SQG must mark designated facility is necessary to Generators must keep the following its containers with the following: (1) protect human health and the information in their records: (1) The words ‘‘Episodic Hazardous environment. Note that, unlike VSQGs, Beginning and end dates of the episodic Waste’’; (2) an indication of the hazards the use of the hazardous waste manifest event; (2) a description of the episodic of the contents of the container— applies not only to the wastes generated event; (3) a description of the types and examples of hazards include, but are not from the episodic event, but to all other quantities of hazardous wastes limited to, the applicable hazardous hazardous wastes the SQG generates. generated during the episodic event; (4) waste characteristic(s) (i.e., ignitable, a description of how the hazardous corrosive, reactive, toxic), hazard 5. Duration of the Episodic Event waste was managed, as well as the name communication consistent with the VSQGs and SQGs have 60 calendar of the RCRA-designated facility that DOT requirements at 49 CFR part 172 days to initiate and complete an received the hazardous waste; (5) subpart E (labeling) or subpart F episodic event, which includes name(s) of hazardous waste (placarding), a hazard statement or generation, accumulation, and transporters, as appropriate; and (6) an pictogram consistent with the OSHA management (e.g., recycling, treatment approval letter from EPA, if the Hazard Communication Standard at 29 and disposal—either on site, such as generator successfully petitioned to CFR 1910.1200, or a chemical hazard waste neutralization in a container, or conduct an additional episodic event label consistent with the NFPA code off site at a RCRA-designated facility) of during the calendar year.
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The information required to be unplanned event later in the year if complete petition with the relevant maintained in items (1) through (3) needed.98 information for the event. above is the same information that must In parallel fashion, if the generator The petition must include (1) the be identified on the generator’s has an unplanned event early in the reason why an additional episodic event notification to EPA about the episodic year, it can still petition EPA to hold a is needed and the nature of the episodic event. Maintaining records of the name planned event later in the year. In both event; (2) the estimated amount of of the RCRA-designated facility that cases, EPA must approve the petition for hazardous waste to be managed from the received the waste and the ultimate a second event. EPA wants to allow for event; (3) how the hazardous waste is to management of that waste as well as the the case of a second event, in cases be managed; (4) the estimated length of name of any hazardous waste where the generator is legitimately time needed to complete management of transporters fulfills the RCRA having episodic events, but has the hazardous waste generated from the requirement for the generator to be determined that not allowing a episodic event—not to exceed 60 days; responsible for its hazardous waste from generator to hold two planned events in and (5) information regarding previous cradle to grave. In addition, a record of a year ensures that the provision is episodic event(s) managed by the any approval letters from EPA for a being used for true cases of episodic generator and how it complied with the second event are critical for generators generation and not as a way for conditions. EPA would then evaluate to be able to show that they were in generators to regularly avoid managing this and other site-specific information compliance with subpart L when hazardous waste at higher generator to determine whether a generator should conducting that second episodic event. categories. Similarly, EPA has be allowed to complete the episodic determined that not allowing the event under the alternative standards. These records must be maintained on generator to hold two unplanned events In the case of a planned second site by the generator for three years from in one year will ensure that the episodic episodic event, a generator may not the completion date of each episodic generation provision is not used in a manage the hazardous waste from the event. The recordkeeping condition is way that creates an incentive for event under the episodic generation critical to enable effective and credible irresponsible management of hazardous conditions in subpart L until it has oversight. We also have determined that waste. approval from the implementing agency the required items represent the Because a petition for a second event for that second event. There is no minimum information necessary to distinguishes between an unplanned mandatory time frame for submitting a determine that any hazardous waste event and a planned event, EPA is petition for a second planned event, but generated during the episodic event is adding definitions of planned episodic the generator should allow enough time managed properly. event and unplanned episodic event to for the implementing agency to review 7. Petition To Request One Additional the regulations in subpart L. A planned the petition so that they can begin the Episodic Event episodic event is an episodic event that event on time. the generator planned and prepared for, EPA has determined that in the case While the Agency believes that most including regular maintenance, tank of a petition for an unplanned second generators will experience an episodic cleanouts, short-term projects, and event, the generator may manage event infrequently, we also recognize removal of excess chemical inventory. hazardous waste for the additional that there may be situations, often An unplanned episodic event is an unplanned episodic event under the unexpected, where a hazardous waste episodic event that the generator did not episodic event standards until written generator may have more than one plan nor expect to occur, including, but approval by EPA has been received. episodic event within a calendar year, not limited to, production process SQGs requesting a second event will be such as an unexpected product recall, a upsets, product recalls, accidental managing the hazardous waste under major spill, or an act of nature. spills, or ‘‘acts of nature,’’ such as a the same technical standards in § 262.16 Therefore, the Agency is finalizing a tornado, hurricane, or flood. Some of in both situations. It would be provision to allow VSQGs and SQGs to these events are more sudden than impractical for a VSQG requesting a petition EPA for permission to manage others, but they would all be second episodic event to meet § 262.16 one additional planned or unplanned unanticipated by the generator. EPA is accumulation standards while waiting episodic event per year without not including excess inventory in the for approval to no longer have to meet impacting the hazardous waste definition of an unplanned event them. Therefore, the VSQGs would be generator category (provided that they because a case of excess inventory is, required to meet the performance do not have two of the same type of more than the others, a result of standards outlined in event within the same calendar year). decisions made by the generator in the § 262.232(a)(4)(iii). These subpart L regular course of business and is not, accumulation standards for VSQGs are EPA proposed that VSQGs and SQGs therefore, an unplanned episodic event. designed to minimize the possibility of could petition EPA for permission Consistent with the notification a fire, explosion, or release and regarding an additional episodic event requirements, the generator must containers and tanks must be in good per year, either planned or unplanned. petition EPA for the second event. For condition and compatible with the However, in response to some of the a planned event, the generator must hazardous waste they contain. comments received on the proposed submit a petition for a second event and If EPA approves the petition for a rule from the states that implement the indicate that this is a petition for a second event, the generator must retain RCRA program, EPA has determined second event. For an unplanned event, the written approval in its records for that it is most appropriate to allow only the petition must be in the form of a three years from the date the episodic one event of each type per year and to notification to EPA within 72 hours of event ended. If EPA rejects a generator’s require the generator to petition EPA for the start of the event by phone, email, petition for a second event, the the second event and be approved. That or fax and subsequent submittal of a generator must then start managing the is, if a generator holds a planned event hazardous waste from the episodic early in the year, it can petition the EPA 98 Authorized states will develop their own event and all other hazardous waste at Regional Administrator for an procedures for petitions under this provision. its facility under the standards for the
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applicable more stringent generator the generator’s category for any months 1. Allowing 60 Days To Complete an category. impacted by the episodic event. Episodic Event EPA is not promulgating criteria for Specifically as an example, the quantity Most of the comments EPA received evaluating petitions for a second of hazardous waste the VSQG generates on the episodic generation provision in unplanned episodic event, but outside the episodic event from the proposal revolved around how long recommends that the implementing September 1 through September 17 each episodic event could be and the agency base its decision on factors would be added the amount of number of events allowed per year. including the validity of the proposed hazardous waste generated for the EPA’s goal is to find a balance between episodic event, the generator’s remainder of September (starting on a time frame that would be useful and enforcement history and evidence of the September 18 until the end of the workable for industry and not making generator’s ability to responsibly month) to determine the generator’s episodic generation a loophole for manage the waste. category for that month. generators to use to circumvent the 8. Tracking and Accounting for The same approach applies to the regulations by holding episodic events Hazardous Waste Generation and accumulation limit for hazardous waste over a large part of the year. The first Accumulation as a Result of an Episodic at a VSQG. If the VSQG exceeds 1,000 part of achieving this balance is Event Along With Normal Production kg of hazardous waste on site as a part determining how long an event should Operations of its episodic event, that waste can be be. managed under the provisions of EPA proposed a 45-day limit for an In practice, a VSQG or SQG taking subpart L until September 17. If, episodic event with an option to advantage of this rule must track and however, the hazardous waste has not petition for a 30-day extension, for a monitor the start and end dates of the been shipped off site by September 18, potential total of 75 days. EPA proposed episodic event in conjunction with the 45 days because it believed that 45 days date the calendar month ends to ensure the generator must manage the waste as allowed enough time for an event to be compliance with all RCRA regulatory LQG waste. In addition, the generator initiated and completed and for the provisions associated with hazardous would be in violation of the conditions waste to be removed. The petition waste generation and management. of the episodic generation provision. The following example demonstrates In summary, if a generator’s waste is option was meant to account for any how this provision of the rule will work. to be considered part of the episodic unexpected problems that the generator A VSQG could have a number of facility event and not be counted toward might have with transporting the waste operations (e.g., tank cleanouts, disposal monthly generator category, then the off site. EPA did not want to extend the of off-spec products it cannot sell or waste must be part of the episodic event episodic event for so long that it might reclaim, and/or repair work involving identified in the generator’s notification. represent a large portion of the year. the removal of lead paint chips) that EPA has determined that this will EPA determined that if the episodic would result in a temporary change in prevent generators from using the time event provision were too expansive, it its regulatory category. The VSQG frame of an episodic event as a free-for- would be more likely to allow generators that are more permanently decides to notify EPA two months prior all for generation of all types of waste, generating in a higher category to try to (as well as identifying a point of contact regardless of whether it is identified in use the provision as a way to avoid and emergency coordinator) that it will the notification of the event. EPA has those requirements. initiate the planned episodic event on revised this interpretation of how the However, many commenters on this July 20 and take advantage of the full 60 episodic generation provision will work aspect of the provision argued that the days allowed to conduct the event and, from the preamble discussion in the 45-day limit was too restrictive and one therefore, end on September 17. proposed rule in reaction to concerns stated that the limit ‘‘undermines the Beginning on July 20, the generator from commenters that the episodic benefits to operators of the episodic must comply with all of the conditions generation provision would provide event rule.’’ 99 However, it should be of subpart L to maintain its exemption excessive relief from the hazardous noted that there was also some support as a VSQG. Under this example, if the waste regulations for generators. for the 45-day time frame in the generator complies with subpart L, it C. What changed since proposal? comments, as well as at least one can generate more than 1,000 kilograms commenter who argued that 45 days is of hazardous waste as a result of the EPA is finalizing the episodic too long for an episodic event because events it identified in the identification generation provisions in subpart L mostly as they were proposed on most truly episodic events are very until September 17. 100 On or before September 17, the September 25, 2015, but with several short-term spikes. One of the main reasons that generator must remove and dispose of important revisions: (1) Lengthening the commenters argued that 45 days is too all the hazardous wastes it generated time allowed for an episodic event from restrictive a time period for episodic over the course of the previous 60 days 45 days to 60 days and removing the events was the time needed for waste from the episodic event. Provided the option for a petition to extend an event; disposal contracts to be competitively generator meets that deadline, that (2) revising the situations in which a bid and the time needed for generators waste does not count when determining generator can petition for a second event to classify waste and prepare and the generator’s category. to ensure that a generator holds no more In this example, the generator could than one planned and one unplanned schedule shipments. Other commenters choose to also dispose of waste episodic event in a calendar year; (3) also pointed out that events themselves generated from its normal operations in revising the notification requirements may take place over several weeks and the same shipment. However, in this for unplanned events to allow 72 hours that some remote facilities may have case, any waste generated from for notification; and (4) revising the special circumstances that require production or events that were not labeling requirements to remain parallel longer time frames to resolve. Other identified in the notification to EPA with the labeling requirements for all 99 Alyeska Pipeline Service, EPA–HQ–RCRA– about the episodic event (or in the generators being revised in the final rule 2012–0121–0088 petition for a second event) must be (see section IX.E for more details on 100 Minnesota Pollution Control Agency, EPA– counted for the purposes of determining marking and labeling revisions). HQ–RCRA–2012–0121–0232
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commenters argued that some events the waste to a RCRA-designated facility After considering the comments, EPA may be special projects or demolition or as soon as possible. has determined that it is appropriate to remediation projects that would take As part of our decision to lengthen the allow a facility to petition for a second longer than 45 days. time frame for an episodic event, EPA event in a calendar year, but only if the Many commenters suggested a 90-day also determined that a petition for a 30- generator is only holding one planned time frame, to match up with the day extension to an episodic event is no and one unplanned event in that requirements for large quantity longer necessary. The longer time frame calendar year. For instance, if the generators, and some suggested a 60-day of 60 days should mean that extensions generator has already held a planned time frame. Other commenters are not necessary in many cases. In episodic event in a year, a planned suggested time frames as long as 180 addition, EPA received comments from second 60-day event in the course of the days. the authorized states that they are year could indicate that the generator EPA was persuaded by the concerned about the potential volume of should be operating at a higher commenters who stated that a longer petitions they might receive from the generator category. However, a generator time frame was appropriate for an proposed episodic generation provisions that is truly a VSQG or SQG could have episodic event, particularly because of and eliminating the option to petition an occasion where it has performed a the arguments surrounding the planning for an extension is responsive to their clean out or system shut down already needed to remove waste from the concerns about the effect of the new during the year and then an act of generator site in the case of an provision on their resources. nature or other truly unplanned event unplanned event. For planned events, it Accordingly, if a generator operating occurs. EPA would not expect this to be should be a matter of course for the under the episodic generator conditions a regular occurrence for generators and generator to have characterized waste as finds itself at the end of the 60-day time will depend on the implementing hazardous or not and made period and is unable to remove the agencies operating the RCRA programs arrangements for shipment off site in waste from its site before the deadline, to take note and act accordingly if a advance. However, in the case of an its generator category will change to generator is regularly requesting a unplanned event, the generator might SQG or LQG once the deadline has second episodic event. not know if the material that must be passed and the hazardous waste must be At the same time, a generator may be disposed qualifies as a hazardous waste managed under the appropriate planning to conduct an episodic event and may not have a waste hauler generator standards. such as a tank clean out or maintenance available for a pick up. If the generator project late in the year when it gets 2. Petition for a Second Event has to competitively bid for the service, struck with a hurricane that can be as some of the commenters on the rule EPA proposed that a generator could managed as an unplanned episodic argued that they must, the process of petition EPA for a second episodic event for hazardous waste. In this case, getting the waste off site will take event, planned or unplanned. The the generator can hold an episodic event longer. proposal was based on the idea that in to respond to the storm and then However, EPA was not persuaded by some cases a generator may want to petition EPA for a second event for the the commenters who argued that some hold a second event, but EPA did not cleanout, while explaining that it needs events themselves will take longer than want to simply allow two episodic the second event because of the the time allowed, such as long-term events per year for all generators occurrence of the storm earlier in the demolition or remediation projects. without a petition because of the year. Rather, these bigger long-term projects potential abuse of the provision by EPA also believes that limiting the do not appear to be the kind of event generators that are not truly generating type of event that a generator can that EPA would consider an ‘‘episodic’’ higher volumes of waste episodically, petition for will reduce the numbers of event and warrant the facility shifting but should be operating in the larger petitions submitted as a part of this into the larger waste category for the generator category. EPA also wanted the provision, which is responsive to some duration of the increased waste petition to operate as a check that an of the comments received by states generation to properly manage the site implementing agency could use if it concerned about increased workload. and the hazardous waste itself. thought that a generator might be Therefore, EPA is finalizing a longer abusing the provisions. 3. Notification time frame than proposed to account for The comments EPA received on this EPA proposed notification some of the challenges in managing aspect of the proposal argued for a wide requirements for episodic events to waste from an unplanned episodic variety of options. Some commenters ensure that the authorized state or EPA event. EPA has determined that 60 days suggested that two events per year is informed of when a generator is is an effective balance between allowing should be allowed, some suggested holding an event that would otherwise time for the generators to use the allowing a petition for a third, and one cause that generator to be operating in provision without making the time commenter supported allowing up to a higher generator category. The frame so long that it becomes something three episodic events in a year provided proposed requirement was that in the generators can abuse. A 90-day time the generator has a standing agreement case of a planned event, the generator frame, suggested by many of the with a facility to accept the waste. must notify EPA no later than 30 days commenters, struck EPA as being However, several of the states supported before the event begins. For notification excessively long, as it would mean that limiting the episodic generation in the case of an unplanned event, EPA a generator could consider the waste provision to one event per calendar year proposed that the generator notify being generated during a full quarter of with no possibility for a second event within 24 hours or as soon as possible the year as waste from an episodic while others argued that the proposed by phone or email and then follow up event. Shortening the event time and one event and a petition was with a full notification using EPA Form allowing a full 90 days of accumulation appropriate. One state also suggested 8700–12 (the Site ID form). time also went counter to the Agency’s that the implementing agency should Many of the comments on the goal of encouraging these generators that examine the causes of each event at notification provision singled out the are generating above their normal each generator and determine if the notification for an unplanned episodic category to arrange for the shipment of episodic event could be held. event as difficult to meet. Most of these
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commenters stated that 24 hours is an as hazardous waste until it is The marking and labeling insufficient time frame and did not determined not to be, which would have requirements in subpart L for episodic mention EPA’s addition of the phrase included a notification of a higher generation have likewise been revised to ‘‘or as soon as possible’’ in the proposal. generator category, so the requirement remain parallel with the requirements in Commenters noted that in the case of an being finalized is not an additional the other parts of the generator program. unplanned event, the generator may not burden. (See section IX.E for a complete know if the waste is hazardous or if 4. VSQGs Notifying Local Fire discussion of the marking and labeling there is enough hazardous waste to Department revisions.) make an episodic event necessary. Commenters suggested alternative EPA proposed that a VSQG would be 6. Management of Other Hazardous approaches that included allowing required to notify its local fire Waste Generated During Episodic Event longer time frames for notification, department that it was taking advantage In EPA’s proposal, the preamble including 72 hours, 7 days or 30 days of an episodic event. The notice would included an interpretation of the or simply ‘‘as soon as possible.’’ need to include the start and end dates proposed provision for episodic Another suggested approach was to and identify the types and quantities of generation that discussed allowing a require notification 24 hours after a hazardous wastes that would be generator to include hazardous waste waste determination was made. EPA generated. EPA stated that the purpose that was generated outside an episodic also heard that having a specific time of the notification was to inform event to be managed with the hazardous frame in which the notification must be regulatory authorities of the facility’s waste from the episodic event. This made is critical for making the activities in order to enable adequate interpretation included both physical requirement enforceable by the states. compliance monitoring of the facility management of the waste and shipment EPA understands that in the case of with the conditions of the alternative off site, as well as not counting that an unplanned episodic event, a standards. other hazardous waste toward the generator will have competing EPA did not receive support in the generator’s category. priorities, particularly if a spill has public comments for this proposal. The Some of the comments that EPA occurred. However, the notification commenters stated that the notification received from the states on this episodic requirement for the episodic generation requirement was excessive and would generation provision argued that it provision is critical in maintaining the be an unnecessary burden to both the would provide excessive relief from the appropriate levels of oversight for the VSQGs and to the fire departments that generator regulations and, therefore, that generators taking advantage of this would have received the notifications. it would not be appropriate to allow this provision. EPA determined that it Commenters on this provision included relief. As discussed elsewhere, EPA would not be appropriate to base the both industry stakeholders and state carefully considered what parts of this time frame for notification on when a agencies. Therefore, EPA is not proposal could be revised to ensure that waste determination is made, as that finalizing this notification requirement the episodic generation provisions are would not be parallel to any other area as part of subpart L. used just for the management of waste of the generator program and would be 5. Labeling that is episodically generated and not be difficult to enforce. In addition, EPA used to allow a generator to avoid found that the suggestions for the EPA proposed a labeling requirement as part of episodic generation that managing waste in a larger generator notification time limit to be lengthened category that it is operating in more to 7 or 30 days would result in excessive paralleled the labeling and marking being proposed throughout the regularly. EPA identified this discussion delays between the start of an episodic as an area where the interpretation of event and notification to EPA, generator program. The proposed requirement was for episodic generators the final provision should be revised to compromising the ability to provide clearly state that only the waste from the adequate oversight. to label their waste as ‘‘episodic hazardous waste,’’ to label the container identified episodic event is exempt from EPA has determined that it is being counted toward a generator’s reasonable, however, to adjust the time with the contents of the container and the hazards of the contents and to mark category. EPA has therefore revised this frame for initial notification to EPA of discussion for this final preamble. an unplanned episodic event by phone, the start date of the episodic event as email, or fax within 72 hours from when well. The requirements for tanks would D. Major Comments the event begins. EPA believes that this have allowed the relevant information 1. Labeling Waste as ‘‘Episodic adjustment provides the generator with about the contents, hazards, and Hazardous Waste’’ some additional time in case there is a episodic event to be recorded in a log necessary delay in contacting EPA due book instead of on the container. EPA received several comments to emergency conditions, but does think In this final rule, EPA has revised the stating that the proposed requirement to that a timely notification to the Agency marking and labeling requirements label hazardous waste from an episodic is important in the case of unplanned throughout the generator program to event as ‘‘episodic hazardous waste’’ events at the generator to ensure proper remove the requirement that the rather than ‘‘hazardous waste’’ is an oversight. A 72-hour limit ensures that contents of the container or tank be unneeded distinction. The commenters timely notification. noted. The provision focuses instead on stated that it would be a burden to get If a generator finds that it notifies of the hazards of the contents, as that and use a label that is different than the an event and then it turns out that the requirement tracks more directly to the standard ‘‘hazardous waste’’ label. material in question is not hazardous needs of responders in an emergency. EPA disagrees with the commenters waste or does not in fact top the limit EPA does expect that many facilities on the usefulness of the ‘‘episodic for the generator’s category, the already label containers with the hazardous waste’’ label. EPA is retaining generator can work with EPA by contents and will continue to do so to this requirement because it will be explaining that the event was not ensure that the correct information is important for generators holding necessary after all. Under the previous available for manifesting when it comes episodic events to be able to distinguish regulations, that generator would have time to ship the materials off site or for hazardous wastes generated during to manage the excess generated material proper treatment on site. those events from other hazardous
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wastes generated on site. Although both VSQG in this case is exceeding its emergency planning and response, as types of hazardous waste can be generation limit in the course of normal well as provide a more usable managed and shipped off site together, operations. An episodic event is an contingency plan to emergency if convenient, hazardous waste that was activity that does not occur within responders en route to a time-sensitive generated before the episodic event normal operations that causes the emergency at a facility that generates began retains its original time frame for generator to exceed its normal limit. hazardous waste. Proposed or potential being treated or shipped off site whereas modifications, as well as key comments XI. Detailed Discussion of hazardous waste from an episodic event received on each, are discussed in this Preparedness, Prevention, and must be treated or shipped off site section in terms of the extent to which Emergency Procedures Provisions for within the 60-day period for the event. they are being incorporated into this SQGs (40 CFR 262.16) and LQGs (40 If there is no distinction on the labels final rulemaking. for hazardous waste from an episodic CFR 262.17 and 40 CFR part 262 event, it would be difficult for a Subpart M) B. What is EPA finalizing as proposed? generator or an inspector to be able to A. Introduction 1. Changes to Contingency Plan determine which hazardous waste is a EPA is finalizing a number of Regulations for Large Quantity part of the episodic event with the 60- proposed modifications to the Generators: Eliminating Employee day limit and which hazardous waste conditions for exemption for both SQGs Personal Information in Contingency has an alternate schedule for treatment and LQGs regarding preparedness, Plans and shipment. EPA does note, however, prevention and emergency procedures, that the generator does not have to use as described in the proposed rulemaking The condition for exemption for LQGs a specific ‘‘episodic hazardous waste’’ (80 FR 57972). Proposed conditions for at § 262.17(a)(6)–(7) references 40 CFR label that would have to be purchased SQGs were found at § 262.16(b)(8)–(9) part 262 subpart M, which includes separately and, if practicable, can and for LQGs at § 262.17(a)(6)–(7), requirements associated with simply add the word ‘‘episodic’’ to the which reference part 262 subpart M. contingency plan content at § 262.261. labeling with a self-designed label or The preamble to the proposed EPA proposed to modify the language to with a large permanent marker. rulemaking discussed in detail the allow an LQG the flexibility to eliminate 2. Notification of Episodic Events rationale for making several revisions to unnecessary employee personal existing regulations, as well as information in the contingency plan in EPA also received several comments order to protect those individuals’ that notification of episodic events to specifically taking comment on certain proposed revisions and on other privacy while still providing necessary EPA is an unneeded burden to the information to address emergencies. generators and will decrease the potential changes that were not reflected in revisions to existing regulations. Specifically, while retaining the name of likelihood of generators using this persons qualified to act as emergency provision. In discussing these modifications in the proposed rule, EPA provided coordinators, the Agency proposed to EPA disagrees that there is little to be remove references to addresses and gained from notification and, instead, examples of catastrophic chemical accidents in the United States to changed the reference to home and has determined that it is critical to the office telephone numbers to ‘‘emergency enforceability of this provision and for highlight the need for continued improvement in a number of areas telephone number.’’ EPA also proposed the states to oversee the hazardous to add language stating that, in waste activity under their authority. related to chemical facility safety. EPA also noted that, to address these situations where the generator site has Without a notification requirement for an emergency coordinator continuously episodic waste, a generator could concerns, the President issued Executive Order 13650—Improving on duty because it operates 24 hours per potentially operate as if under an day and every day of the year, the plan episodic event at all times, changing the Chemical Facility Safety and Security (EO) on August 1, 2013, which directed may list the staffed position (e.g., starting date, so that during any given operations manager, shift coordinator, inspection, it appears as though there is the EPA and other federal agencies to identify ways to improve operational shift operations supervisor, or some an episodic event on site. EPA does not other similar position) as well as an expect that many generators would coordination with state, local, tribal, and territorial partners; enhance federal emergency telephone number that can manage hazardous waste in this way, be guaranteed to be answered at all but the regulations must include checks agency coordination and information sharing; modernize policies, regulations, times. The Agency requested comment and balances to prevent such abuse and on this proposed modification. the notification requirement is one way and standards to enhance safety and to allow the implementing agencies to security in chemical facilities; and work The majority of commenters follow up in person if such action is with stakeholders to identify best supported EPA’s proposal to remove warranted. practices to reduce safety and security addresses and home phone numbers for risks in the production and storage of personnel and to allow listing of staffed 3. VSQGs Exceeding Generation Limit potentially harmful chemicals. EPA positions. A few commenters suggested During Normal Operations explained that several of these extending this provision to cover SQGs, EPA received some comments stating modifications are aligned with EO- even though they are not required to that a VSQG that does not discover until related efforts in that they will facilitate have contingency plans, and TSDFs. the end of the month that it has collection and analysis of chemical EPA has decided it is appropriate at this exceeded its threshold for generation of information from local facilities, as well time to focus on changes for LQGs only hazardous waste as a VSQG would have as development of local emergency because they pose the greatest concern difficulty complying with the episodic response plans to mitigate or prevent a in matters of emergency preparedness; generation provision because of the devastating chemical disaster. EPA consequently, the Agency is finalizing notification requirements. further explained that these § 262.261(d) as proposed. Although EPA EPA would not consider the situation modifications will also update the is not extending these requirements to described by the commenters to be a regulations to make them compatible other generator categories or to TSDFs, case of an episodic event because the with the current infrastructure of the Agency would encourage facilities
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to adopt these changes as a best provisions include the condition that, emergency coordinator, and have also management practice. whenever hazardous waste is being asserted that locations of the equipment poured, mixed, spread, or otherwise in question should be conveyed to 2. Technical Changes Applicable to handled, all personnel involved in the relevant employees and displayed in a Both Small Quantity Generators and operation must have immediate access worker break area rather than the Large Quantity Generators to an internal alarm or emergency facility office. EPA disagreed with EPA proposed clarifications and communication device, either directly eliminating this provision since making modifications to preparedness and or through visual or voice contact with such information readily available is prevention procedures dealing with the another employee, unless such a device important for workers and others so that location of required equipment and is not required. At issue is whether the they would know what to do and where access to communications or alarm phrase ‘‘immediate access’’ is clearly to go in the case of an emergency. systems based on 30 years of experience understood or whether additional However, the Agency nevertheless with these rules, feedback from clarity is necessary. EPA proposed to believed the regulation should be stakeholders as part of the Agency’s modify this language to include the modified, adding that it is unclear November 2004 Hazardous Waste parenthetical ‘‘(e.g., direct or whether the telephone number for the Generator Regulatory Program unimpeded access)’’ after the phrase emergency coordinator refers to a home Evaluation (Docket ID No. RCRA–2003– ‘‘immediate access.’’ EPA requested or business phone. With cell phones 0014), and other discussions with comment on the usefulness of and other means of instant stakeholders. These revisions are modifying this language. communication now prevalent, EPA discussed below. The majority of commenters proposed to modify this language to a. Proposed technical changes to supported this modification, although state that the SQG must post the name introductory paragraph on required one commenter expressed concern and emergency telephone number of the equipment. EPA noted that existing regarding what would constitute emergency coordinator next to regulations are unclear regarding immediate or unimpeded access. telephones or in areas directly involved whether the required emergency Another commenter requested in the generation and accumulation of response equipment must be placed in clarification as to whether access to a hazardous waste. EPA requested those areas of operation where cell phone satisfies the requirement for comment on this proposed change. hazardous waste is generated and immediate access to an alarm or Commenters generally expressed accumulated or other parts of the communication device. EPA believes support for this proposed change, facility where hazardous waste is not that, although cell phones are a useful although certain commenters generated or accumulated. The Agency means of communication, they should questioned the posting of emergency added that it may not always be not be relied upon solely to satisfy this information where hazardous waste is appropriate or safe to store equipment requirement. The Agency is therefore generated or accumulated. Some in the actual waste generation or finalizing § 262.16(b)(8)(iv) and commenters requested the option of accumulation area—even though the § 262.254 as proposed. keeping emergency information on cell requirement itself applies only to the phones, while another commenter 3. Technical Changes Applicable to generation and accumulation (and cautioned that cell phone reliability Small Quantity Generators treatment, as appropriate) of hazardous could be compromised during a waste. Therefore, the generator should Based on experience and feedback widespread emergency. EPA have the flexibility to store this received from the regulatory community understands that cell phone use may be equipment in other areas of the facility and other stakeholders, EPA proposed compromised but also realizes that cell in situations where it is infeasible or revisions that address two of the four phones are widely used and that the inappropriate for safety reasons to have provisions regarding emergency inability to use cell phones for the equipment located immediately next procedures for those areas where SQG communication purposes would not to hazardous waste generation and hazardous waste is generated and prevent an employee from accessing accumulation areas. EPA proposed to accumulated. These revisions are as stored information, such as land line clarify that, while the equipment follows. telephone numbers (e.g., home or provision applies to only those areas a. Require certain information be business phone). The Agency is where hazardous waste is either being posted ‘‘next to the telephone.’’ In the finalizing § 262.16(b)(9)(ii) as proposed generated or accumulated, the generator proposed rule, EPA explained that in order to accord flexibility in may determine the most appropriate existing regulations were unclear where complying with this SQG requirement. locations within its facility to locate required information (i.e., name/ b. Allow containment and cleanup to equipment necessary to prepare for and telephone number of the emergency be conducted by a contractor. EPA’s respond to emergencies. EPA requested coordinator, the location of fire understanding was that most SQGs comment on this proposal. extinguishers, spill control material, fire would hire a spill cleanup contractor to Commenters generally supported alarms and, as necessary, telephone perform containment and cleanup of EPA’s proposed clarification as it number of the fire department) should hazardous waste in the event of a spill provides flexibility in determining the be posted in the facility. The Agency rather than train employees to perform most appropriate locations of emergency stated that a facility may have many the response. Although EPA agreed that response equipment, although several operations and components that have no allowing an SQG to hire a contractor commenters suggested various changes/ relationship with the generation and trained to address hazardous waste clarifications related to the location and accumulation of hazardous waste. EPA spills would be appropriate, the Agency accessibility of emergency equipment. noted that stakeholders have indicated that regulations in place EPA does not believe these other recommended deletion of this particular arguably do not provide this flexibility. changes/clarifications are necessary and provision because, in this age of near- EPA proposed to modify this language is finalizing § 262.16(b)(8)(ii) and universal 911 availability, it is not to allow containment and cleanup to § 262.252 as proposed. important from a regulatory standpoint either be conducted either by the SQG b. The meaning of ‘‘immediate to have emergency telephone numbers, or by a contractor on behalf of the SQG. access.’’ Preparedness and prevention including the number (and name) of the EPA requested comment on this
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proposed change, including whether areas of a generator facility, such as the EPA is, therefore, finalizing any unintended consequences could storage of chemical materials and regulations making it clear that points of arise from providing SQGs with this substances other than hazardous wastes. generation and SAAs, in addition to flexibility. The Agency also noted that considerable CAAs, fall within the scope of Nearly all of the commenters overlap exists in the requirements in the regulations for preparedness and supported EPA’s proposed modification, various statutes and, since 1997, the planning in § 262.16(b)(8) for SQGs and although some commenters opined that federal government has encouraged 40 CFR part 262 subpart M for LQGs. existing language already allows for facilities to develop integrated This includes adding clarifying contractors to perform this work. Other contingency plans. Examples include language in § 262.15(a)(7) and (8) commenters mentioned that the EO 13650 and the Agency’s regarding the conditions for exemption generator is ultimately responsible for aforementioned One Plan guidance. for both SQGs and LQGs that ensuring proper response and cleanup EPA proposed that subpart M apply specifically relate to SAAs. and a few suggested adding language only to those areas of an LQG where clarifying contractor liability in hazardous waste is generated and 2. Making and Documenting performing cleanups. EPA is finalizing accumulated on site in accordance with Arrangements With the Local § 262.16(b)(9)(iv)(B) as proposed. the conditions in § 262.17. This Emergency Planning Committees C. What is EPA finalizing with changes proposal included a parallel change for EPA noted in the proposal that RCRA to proposed rule language? the emergency procedures regulations generator regulations, which were for SQGs in § 262.16. 1. Areas Subject to Preparedness, finalized in 1980, have not been Although the primary objective of updated to reflect significant changes to Contingency Planning, and Emergency these changes was to ensure that Procedures Regulations the national, state and local preparedness and planning regulations infrastructure for emergency planning EPA stated in the proposal that under RCRA did not apply to the entire and response, one of which was passage current preparedness and emergency facility, EPA received several comments of the Emergency Planning and procedures regulations do not clearly on whether SAAs and points of Community Right-To-Know Act state whether they are applicable to the generation should or should not be (EPCRA) in 1986. The Agency also entire facility or only to areas where included. Comments were roughly split discussed EPCRA in terms of emergency hazardous waste is generated and on whether areas besides CAAs, such as planning and notification requirements, accumulated on site or where allowable SAAs and points of generation, should as related to preparedness, prevention treatment may occur in accumulation be included within the scope of and emergency procedures established units (i.e., in containers and tanks per preparedness and planning regulations. by hazardous waste management EPA guidance) and when transported off Notwithstanding existing guidance, EPA regulations. This included the roles and site for subsequent treatment, storage, continues to believe there are benefits to responsibilities of Local Emergency and disposal. Therefore, EPA proposed addressing areas besides CAAs. Planning Committees (LEPCs) under that regulations for preparedness and Throughout a facility, there may be EPCRA. EPA explained that facilities prevention and for contingency many points of generation and covered under EPCRA are required to planning and emergency procedures associated SAAs from which hazardous report chemical information to LEPCs, apply only to those areas where wastes are routinely moved to CAAs; as well as other entities, and that LEPCs hazardous waste is generated and therefore, the potential for spills exists are required to prepare a comprehensive accumulated and, where applicable, to during the accumulation and emergency response plan. Facilities those areas where allowable treatment management process. For this reason, covered by EPCRA planning provisions may occur in accumulation units. For EPA has determined it is appropriate to are required to cooperate in emergency this reason, EPA proposed to explicitly address these additional areas, plan preparation and designate a facility state that the RCRA preparedness and consistent with the objectives of EO emergency procedures regulations are emergency coordinator to participate in 13650, in order to ensure protection of this process. limited strictly to these areas. human health and the environment, as EPA acknowledged that previous part of preparedness and planning For this reason, EPA proposed Agency guidance indicated RCRA regulations. revisions to require that SQGs and LQGs preparedness and emergency With respect to allowable treatment, must first attempt to enter into procedures regulations, including EPA believes that locations of such arrangements with their LEPCs. EPA development of contingency plans by treatment would be covered as part of also proposed regulatory text that LQGs, would only apply to 90-day the overall accumulation and describes procedures for how a facility accumulation units, otherwise known as management process within a facility. that is not able to make arrangements CAAs. In this guidance, the Agency Although EPA has not specifically with the LEPC would make such states that, when developing a defined allowable treatment in the arrangements with the fire department contingency plan, LQGs would only regulations, the Agency has determined and other local emergency services. The need to include those 90-day at this time to continue to address Agency requested comment on its accumulation units involved in the on- allowable treatment at generator proposal to require an SQG or LQG to site management of hazardous waste.101 facilities within the framework of enter into arrangements with its LEPC At that time, Agency expressed a desire existing guidance.102 unless there is no LEPC, the LEPC does to limit the applicability of these not respond, or the LEPC determines regulations only to these areas because 102 On March 24, 1986, EPA finalized regulations that it is not the appropriate several other statutes already address applicable to generators of between 100 kg and 1000 organization to make arrangements the development and implementation of kg of hazardous waste in a calendar month (51 FR with, in which case the SQG or LQG 10146) in which the Agency indicated that these contingency plans associated with other generators could treat such waste in accumulation tanks or containers without a permit provided that at both SQGs and LQGs is a memorandum from 101 Memorandum from Matt Hale, Director of treatment conformed to established management Elizabeth Cotsworth, Director of EPA’s Office of EPA’s Office of Solid Waste, to RCRA Division standards for tanks and containers. An example of Solid Waste, to RCRA Senior Policy Advisors, Directors, November 7, 2006, RCRA Online 14758. subsequent guidance regarding allowable treatment August 16, 2002, RCRA Online 14618.
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would enter into an arrangement with respectively. EPA is also not finalizing 3. Changes to Contingency Plan its local emergency responders. proposed language indicating that Regulations for Large Quantity Due to the fact that some SQGs and generators must make arrangements Generators: Submitting a Contingency LQGs may already coordinate with their with local responders and is clarifying Plan Executive Summary to Emergency LEPCs annually as part of their EPCRA that generators must simply attempt to Management Authorities requirements, EPA opined that it would make arrangements with local In the preamble to the proposed rule, be unnecessary to include time frames responders and document either the EPA noted that RCRA regulations on for updating in this rule. The Agency, attempts or, if successful, the final contingency planning and emergency nevertheless, requested comments on arrangements. Some commenters procedures address the purpose of the whether the regulations should mandate provided feedback in terms of what contingency plan, what it must contain, how frequently a generator must constitutes sufficient ‘‘documentation’’ who receives copies, how to amend the communicate with its LEPC or local fire that best efforts were made to enter into contingency plan, and responsibilities department if it has not otherwise of the facility’s emergency coordinator communicated with them. arrangements. In considering these EPA also proposed to modify existing comments, EPA is revising the proposed and emergency procedures. The Agency regulations to state that the generator language at §§ 262.16(b)(8)(vi)(B) and also noted that the owner or operator of shall maintain records documenting the 262.256(b) to remove the term ‘‘certified the facility can develop one contingency arrangements with the LEPC or, if letter’’ in recognition of the fact that plan that meets all the regulatory appropriate, with the local fire there are various means of confirming standards for the various statutory and department, as well as any other that arrangements actively exist, or were regulatory provisions associated with organization necessary to respond to an sought but not obtained, including, but contingency planning, which were emergency. The Agency asked for by no means limited to, a certified letter, specifically identified in the proposed comment on this proposed change to fax and electronic mail. Additionally, rule preamble. In doing this, the Agency documentation, in particular, whether based on these comments, EPA is recommended that generators base their local ordinances already require revising proposed language to insert the contingency plan on the National generators to have documentation of phrase ‘‘in the operating record,’’ which Response Team’s Integrated arrangements with local emergency would include the contingency plan, to Contingency Plan Guidance One Plan (June 5, 1996: 61 FR 28642). response organizations. provide additional flexibility regarding EPA’s discussions with emergency Finally, the Agency asked for where such documentation can be comment on the feasibility of providing management professionals indicated retained. Finally, during that the length of the facility a waiver from requiring either an SQG implementation of the final rule, as part or LQG to enter into arrangements with contingency plans may prevent first of coordinating with stakeholders and responders from being able to fully an LEPC or, if appropriate, other local conducting associated outreach authorities when they have 24-hour on- review these documents when activities, EPA intends to address the site emergency response capabilities, responding to an emergency and what issue of what constitutes reasonable and particularly under what first responders really need is readily circumstances a waiver would be efforts or sufficient attempts by SQGs available information describing what granted. and LQGs to make and document they will immediately confront upon The majority of commenters indicated arrangements with local authorities. arrival at the scene. EPA recognized that local emergency responders, as With respect to large facilities that, once the incident is under control, opposed to LEPCs, should serve as the possessing internal emergency response first responders will be able to review initial point-of-contact for LQGs, citing capability, EPA is adding language at the contingency plan to determine concerns about an emphasis on LEPCs, §§ 262.16(b)(8)(vi)(C) and § 262.256(c) whether longer-term responses are which usually are not involved in actual that allows these facilities to obtain a necessary. However, the Agency also responses to emergencies. Regarding the waiver from the authority having indicated that a shorter document, such extent to which SQGs and LQGs should jurisdiction (AHJ) over the fire code as an executive summary of the document efforts to enter into within the facility’s state or locality in contingency plan, would allow a more arrangements with local authorities/first terms of entering into arrangements effective initial response to an incident responders, some commenters stated the with local authorities provided the at a facility. Based on a review of information generator cannot be held responsible for waiver is documented in the operating required as part of a RCRA contingency making arrangements with a party over record. As previously stated in the final which it has no control and noted that plan, as well as information required by rule preamble, an AHJ may or may not a mandated arrangement differs greatly the local fire department, EPA identified be the fire marshal, fire chief, building from being required only to make an certain components that would be official, or another official as designated ‘‘attempt.’’ There were also questions on useful in an executive summary. In by the state or local government. EPA what would constitute appropriate particular, EPA proposed to require that documentation. Although there was believes that, practically speaking, the the following information be included some opinion to the contrary, the AHJ would be in the best position to in an executive summary to assist majority of commenters believed that evaluate whether a particular facility, in emergency responders in the event of an large facilities with internal emergency fact, possesses 24-hour response incident: (1) The types/names of response capability should be given a capabilities. This is consistent with the hazardous wastes in layman’s terms and waiver or allowed to seek a waiver from Agency’s rationale when discussing the associated hazard associated with entering into arrangements with local waivers from the 15 meter property line each waste present at any one time (e.g., authorities. condition in the case of ignitable or toxic paint wastes, spent ignitable Based on the comments received, EPA reactive hazardous waste accumulation. solvent, corrosive acid); (2) the is not finalizing the proposed references The Agency is similarly allowing estimated maximum amount of each to LEPCs as the primary contact flexibility regarding how the generator waste that may be present at any one identified at § 262.16(b)(8)(vi) and documents that a waiver has been time; (3) the identification of any § 262.256 for SQGs and LQGs, obtained. hazardous wastes where exposure
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would require a unique or special information for use in the event of an 5. Executive Summary Submission for treatment by medical or hospital staff; emergency, which will be beneficial to Existing Large Quantity Generators (4) a map of the site showing where workers and the public in general. EPA As previously stated, EPA believes hazardous wastes are generated and is also requiring new LQGs (i.e., that a shorter document, such as an accumulated and routes for accessing facilities that become LQGs after the executive summary of the contingency these wastes; (5) a street map of the effective date of this regulation) to plan, which will be referred to as a facility in relation to surrounding develop and submit an executive quick reference guide, will allow more businesses, schools, and residential summary of their contingency plan to effective response to an incident at a areas to understand how best to get to emergency authorities in addition to a facility. EPA is requiring new LQGs, in the facility and also evacuate citizens full contingency plan. As EPA addition to a full contingency plan, to and workers; (6) the locations of water expressed in the proposal and states develop and submit an executive supply (e.g., fire hydrant and its flow again in this final rule, developing the summary of their contingency plan to rate, drafting locations); (7) the executive summary during the initial local emergency responders identified at identification of on-site notification writing of the contingency plan will not § 262.262(a). With respect to existing systems (e.g., a fire alarm that rings off be a significant extra step. As discussed LQGs, which have already developed site, smoke alarms); and (8) the name of subsequently, EPA is finalizing changes and submitted a contingency plan to the emergency coordinator and 24/7 regarding the name of this document local emergency responders, EPA emergency telephone number. (i.e., changing from ‘‘executive proposed not to require these facilities Because of the usefulness of a shorter summary’’ to ‘‘quick reference guide’’) to develop an executive summary document for emergency responders, and clarifying how existing LQGs are because of the additional burden. EPA proposed to require that a new covered by this requirement. LQG, as of the effective date of the rule, Additionally, as noted elsewhere in this However, the Agency recommend that submit an executive summary of its preamble, EPA is not finalizing existing LQGs may want to submit an contingency plan, in addition to the full proposed references to LEPCs in terms executive summary when conducting a contingency plan, to the emergency of making arrangements with local periodic update on their contingency management authorities; in particular, authorities at § 262.16(b)(8)(vi) and plans to ensure that the emergency LEPCs. Although EPA believed the eight § 262.256 for SQGs and LQGs, responders have the appropriate elements previously discussed should respectively, or submitting a quick information on hand in the event of an be included as part of an executive reference guide to local emergency emergency. EPA took comment on summary, the Agency asked for responders at § 262.262(a) for LQGs. whether existing LQGs that have already comment on the appropriateness of this provided a full contingency plan should information. 4. Technical Changes on Personnel also be required to submit an executive Roughly twice as many commenters Training Applicable to Large Quantity summary to the LEPC or, if appropriate, supported the requirement for an Generators the fire department or other emergency executive summary for LQGs than EPA has acknowledged that, since responders. opposed it, arguing that EPA’s proposal promulgation of personnel training Comments received indicated a very to require a contingency plan executive regulations in the 1980s, use of strong preference for requiring an summary would improve the ability of computerized training has become a existing LQGs to submit an executive emergency response teams to respond to common practice for generators to teach summary. However, certain commenters an incident at an LQG’s facility. These their workers about the management of suggested that submission should occur commenters generally favored including hazardous waste. Due to the fact that when existing LQGs update their at least some of the eight elements as many generators already use this contingency plans to reflect, for part of contingency plan executive method for training workers, a example, personnel changes, facility summary, although some commenters modification that reflects use of online updates, waste relocations, emergency stated a preference for excluding certain computer training would simply bring equipment upgrades, and other elements or suggested others for the hazardous waste personnel training operational or physical alterations. inclusion. Other commenters suggested regulations up to date with existing Other commenters suggested that a document format, such as a table of industry practices. Therefore, EPA submission occur after a specified contents or index that allows the reader proposed to also allow a generator to period of time has elapsed. to quickly access needed information. use online computer training, in In the final rule, EPA is clarifying in Some commenters disagreed with addition to classroom instruction and new language at § 262.262(b) regarding making submission of the executive on-the-job training, to complete the existing and new LQGs with respect to summary a mandatory requirement, personnel training requirements. EPA preparation and submission of a quick while others advocated flexibility in requested comment on this proposed reference guide. EPA is also adding new terms of content and submission. One modification. language at § 262.262(c) to require that commenter requested clarification as to The vast majority of commenters all LQGs update their quick reference the meaning of ‘‘new LQG.’’ supported EPA’s proposal to clarify that guides, if necessary, whenever the Commenters who objected to this online training is acceptable to meet contingency plan is amended. EPA does proposal believed that it was hazardous waste generator training not consider that the changes to the unnecessarily prescriptive and requirements. However, some final regulations in this rule would duplicative. commenters suggested replacing the automatically require amendments to an The Agency subsequently decided to word ‘‘online’’ with ‘‘computer-based’’ existing LQG’s contingency plan under modify language at § 262.262(b)(8) to or ‘‘electronic training’’ or identifying the requirements in § 262.263(a). account for situations where an additional training options. EPA has In response to certain comments, EPA emergency coordinator is continuously considered these comments and is is also replacing the term ‘‘executive on duty in order to ensure consistency modifying proposed § 262.17(a)(7)(i)(A) summary’’ with the term ‘‘quick with final regulatory text at by inserting language that takes into reference guide’’ in order to more § 262.261(d). Otherwise, the Agency account computer-based and/or closely mirror the intended purpose of believes these elements provide key electronic training options. this document. The Agency believes this
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wording better conveys the fact that this part of this final rule. Each is discussed either posting evacuation routes and document should be prepared in a in turn as follows. holding annual evacuation training/ format enabling first responders to drills or discussing shelter-in-place, 1. Changes to Contingency Plan quickly access key information in the although the comments received Regulations for LQGs: Including event of an emergency. Lastly, as indicated support for these approaches. Alternative Evacuation Routes in the previously stated, EPA is not finalizing EPA understands that it may not Contingency Plan references to LEPCs as the primary always be possible to identify alternate contact identified at § 262.16(b)(8)(vi) EPA identified a potential issue evaluation routes and likewise realizes and § 262.256 for SQGs and LQGs, regarding whether a contingency plan that immediate evacuation may not respectively. Instead, LQGs are directed must contain information about always be advisable due to the nature of to submit the quick reference guide to alternative evacuation routes or whether the emergency. Nevertheless, the local emergency responders identified at a different approach for addressing Agency believes that, in the majority of § 262.262(a). alternative evacuation routes would be instances, evacuation will be the more effective. This issue resulted from selected course of action and that it will 6. Other Changes stakeholder discussions regarding the be possible to identify an alternate EPA proposed to replace the word Agency’s November 2004 Hazardous evacuation route. EPA also believes ‘‘facility’’ in these regulations regarding Waste Generator Regulatory Program comments on the proposed rule emergency preparedness and prevention Evaluation (Docket ID No. RCRA–2003– regarding this issue should be with the word ‘‘site’’ because ‘‘facility’’ 0014). EPA received a comment stating considered by facilities when is defined in § 260.10 as specific to that it does not make sense to include developing or amending contingency TSDFs. Certain commenters discussed in the contingency plan hundreds of plans. This would include posting EPA’s proposal. One commenter noted possible evacuation routes that may be evacuation routes, as well as muster and that ‘‘site’’ is too general and could be present at a facility, depending on its shelter-in-place locations, within the misinterpreted, while another configuration, along with a suggestion facility (and/or making such commenter noted that, although the that, although regulations should be information available on cell phones) term ‘‘facility’’ has a defined meaning in modified to require that evacuation and conducting periodic training/drills. RCRA, ‘‘site’’ does not. As a result of routes be posted and drills be These efforts would be undertaken, as these comments, EPA has reconsidered conducted, regulations should not necessary, in consultation with local its proposal and decided not to change require the routes to be in the emergency responders. Due to the existing regulations; consequently, the contingency plan. varying types/varieties of wastes Agency is replacing the word ‘‘site’’ EPA indicated that, although the handled by facilities and differing where it appeared in this context in the Agency did not believe regulations physical settings in which facilities are proposal with the word ‘‘facility’’ require all potential evacuation routes located, however, the regulations should throughout final rule language. EPA has be identified, emergency responders allow flexibility on the part of the LQG. concluded that use of the word may need this type of information in Therefore, EPA is not making any ‘‘facility’’ in these regulations would order to determine the most efficient changes to § 262.261(f), as proposed. also be more consistent with the word and timely approach to reach the ‘‘facility,’’ which is used and defined in facility. Therefore, EPA requested 2. Changes to Contingency Plan EPCRA emergency planning and comment on the necessity of modifying Regulations for LQGs: A Potential notification regulations at 40 CFR part the condition on alternative evacuation Electronic RCRA Contingency Planning Application 355, as well as in Spill Prevention, routes in a contingency plan. EPA also Control and Countermeasures (SPCC) asked for comment on whether EPA requested comment on whether plan regulations at 40 CFR part 112. requirements to post evacuation routes contingency plans should be submitted EPA also proposed incorporating a and hold annual evacuation training/ electronically to emergency responders minor revision associated with a drills would be an effective substitute to to enhance their ability to respond ‘‘comment’’ in existing regulatory text maintaining alternative evacuation safely and effectively to an emergency at into the final rule at § 262.264 because routes in the contingency plan and an LQG, including what EPA’s role the Federal Register style no longer whether regulations should discuss should be in electronic submittals. In permits this kind of comment in new shelter-in-place as part of the making this request, EPA noted that the regulations. One commenter noted that contingency plan. Agency currently makes numerous certain text in the comment in question, Slightly more commenters disagreed electronic databases and tools available ‘‘Applicable responsibilities for the than agreed with requiring alternate for helping first responders with emergency coordinator vary, depending evacuation routes in contingency plans. emergency management. A specific on factors such as type and variety of Some commenters noted that, while example cited was a suite of software waste(s) handled by the facility, and alternative evacuation routes should be applications (Computer-Aided type and complexity of the facility’’ was considered, they may not exist or may Management of Emergency Operations), not incorporated and suggested that this not be practical in certain instances. which is used to assist with data regulatory text be retained to give some Another commenter believed that the management requirements under flexibility to those who must perform decision to require alternative EPCRA. EPA asked whether an certain emergency response duties. EPA evacuation routes should rest with the additional tool to manage contingency will incorporate the suggested text into LEPC. Commenters also offered plans under RCRA would be a useful § 262.264. suggestions such as requiring addition to this software suite and identification of employee muster whether it would assist LEPCs by D. What is EPA not including in the locations or including a map with integrating the contingency plan with final rule? possible exists marked, with another their existing data on facilities, thereby EPA asked for comment on certain commenter stating that including making the information available to the potential revisions to existing evacuation routes only in the first responders in the most usable way. regulations that the Agency has contingency plan is not useful. EPA did EPA also inquired as to the feasibility/ subsequently decided not to address as not receive many comments regarding effectiveness of private sector parties or
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non-profit or governmental entities in North American Emergency Response of the elements of an executive developing software that LQGs could Guide, where appropriate, would be summary may already be available. For use to provide important information to useful (i.e., likely reduce the time it these reasons, EPA thought that the emergency responders during an takes to get the necessary information requirement for SQGs to provide an emergency. for managing the situation) to first executive summary of a contingency The majority of comments received responders and whether generators can plan to first responders could provide supported electronic submission of easily access this information to add to information that is critical during contingency plans to emergency their contingency plans. EPA received emergencies with little extra effort being responders, including five commenters few comments related to element #1, expended by the SQGs. who suggested incorporating although limited comments received Although a few commenters submissions of contingency plan seemed to indicate support for supported creation of an executive information into existing software including additional information. Given summary for SQGs, the majority did not. applications—two of who preferred this the relative lack of comments received Reasons provided included the fact that to direct submission of the plan— and to avoid being overly prescriptive, a contingency plan is not required consistent with EPCRA requirements. EPA will not make it a requirement to under RCRA and the belief that this Some commenters cautioned against include this additional information. The decision should be made by individual making electronic submission Agency is not making any changes to states, as well as the potential for mandatory and a few others indicated what was proposed at § 262.262(b)(1). unnecessary burden and possibly that electronic submission of a EPA also took comment regarding duplication of effort. Other commenters, contingency plan would preclude the whether element #3 of the contingency while seeming not to support creation of need for submission of an executive plan executive summary, which an executive summary, nonetheless summary. Commenters opposed to this discusses identification of any suggested that EPA specify information approach cited reasons such as hazardous wastes where exposure that would be included in the case of unnecessary burden and potential lack would require a unique or special SQGs. of availability during a power outage. treatment by medical or hospital staff, As previously noted, SQGs may have Few comments directly addressed the should also include a requirement that already developed emergency plans to question of software development, the generator provide medical-related comply with other statutory and beyond mentioning existing software information for exposure to hazardous regulatory requirements, such as SPCC applications, although limited feedback wastes requiring special treatment; or EPCRA. Moreover, under existing did not indicate support for this specifically, whether this information is RCRA regulations, SQGs are required to additional effort. readily available to the generator for attempt to make arrangements, as Proposed regulations did not specify inclusion in the executive summary of appropriate, with local authorities the format in which the contingency the contingency plan and whether first regarding the types of wastes handled at plan must be provided nor did they responders would find this additional their facilities. Therefore, it is possible discuss software applications. EPA information useful for responses. EPA that these facilities have incorporated strongly encourages LQGs to work with received few comments related to information regarding hazardous waste first responders to determine whether element #3; as such, there was no management into these emergency electronic submission of contingency meaningful basis for justifying any plans. EPA also recognizes that there plans, including incorporating additional regulatory changes. Although exist a large number of SQGs operating contingency plan information into EPA would encourage the generator, in under RCRA, as compared to LQGs. For existing software applications, is an consultation with first responders, to instance, as noted elsewhere in this acceptable approach either in lieu of or include medical-related information rulemaking, EPA estimates the number in addition to a hard copy submission. associated with exposure to certain of SQGs to range from approximately However, EPA believes regulations must hazardous wastes, the Agency is not 49,900 to 64,300 while the number of be sufficiently flexible to allow these making any changes to what was LQGs is estimated to be approximately decisions to be made on a facility-by- proposed at § 262.262(b)(3). 20,800.103 EPA is not making any facility basis; therefore, the Agency is changes to existing regulations. not making any changes to proposed 4. Contingency Plan Executive However, given the prevalence of SQGs regulations at § 262.262(a) regarding Summary for SQGs and the associated potential for adverse transmission of the contingency plan. Another aspect of the contingency impacts to human health and the plan executive summary on which EPA environment, the Agency strongly 3. Additional Information for took comment involved whether an encourages these facilities, as a best Contingency Plan Executive Summary SQG should be required to develop an management practice, to develop a EPA took comment on certain aspects executive summary of a contingency quick reference guide (i.e., new term for of the contingency plan executive plan. In posing this question, EPA noted the document referred to as an summary, which the Agency is that the major differences between the ‘‘executive summary’’ in the proposed renaming as a quick reference guide, preparedness, prevention, and rule) and share this information with related to element #1. This element emergency procedures regulations local emergency responders. discusses the types/names of hazardous applicable to SQGs and those applicable 5. Revisions to Applicability of wastes in layman’s terms and the to LQGs are the development and Personnel Training associated hazard associated with each implementation of a contingency plan waste present at any one time. EPA and more rigorous responsibilities for EPA asked for comment on whether asked whether providing information the LQG emergency coordinator. the regulations should specifically regarding identification of hazardous Although SQGs are not required to identify positions at LQGs for which waste is sufficient for ensuring that first develop contingency plans under RCRA, responders will be able to identify the EPA noted that many SQGs may already 103 See ‘‘Regulatory Impact Assessment of the Potential Costs, Benefits, and Other Impacts of the appropriate actions to take during have developed contingency plans to Final Hazardous Waste Generator Improvements emergency responses. EPA also asked comply with other statutory and Rule.’’ A copy of the analysis is available in the whether referencing material in the regulatory requirements and that many docket for this action.
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hazardous waste training would be effectively expanded the areas of waste comments received did not indicate required and for which a written job management, while others believed support for revising existing regulations description is necessary, as well as what training should apply to employees who to specify time frames. These those job duties should be. Although are handling hazardous waste on a daily commenters felt that the provisions current EPA guidance excludes staff basis. Commenters who did not support necessary for LQGs to communicate working in SAAs from the training specifying positions and including with local emergency response requirements, the Agency expressed a written job descriptions expressed personnel are already in place or that belief that such personnel have a similar concern that proposed revisions could, communication should only occur in need to know the risks associated with in practice, have the opposite of the the event that the facility has a major hazardous wastes as personnel working intended beneficial effect envisioned by change in its operations. Another in central accumulation areas. the Agency. Certain commenters also commenter indicated that mandating Therefore, EPA also asked for comment stated that LQGs would be in the best how frequently a generator must on whether personnel involved in position to identify employee training communicate with its LEPC or local fire handling or managing hazardous wastes needs, while others recommended department would only work if in SAAs should be required to undergo removing the requirement for written corresponding changes were also made hazardous waste training. job descriptions as they believe such to EPCRA requirements. EPA agrees EPA noted that, besides the statement information does not benefit the facility with the majority of commenters and indicating that personnel must be able or inspectors. continues to believe that it is to respond effectively to emergencies by Comments were roughly split on unnecessary to mandate how frequently familiarizing them with emergency whether EPA should require hazardous a generator should communicate with procedures, emergency equipment, and waste training for personnel who work its emergency response agency. emergency systems, existing regulations at SAAs. Taking into account the Therefore, the Agency is not making any are not specific about which personnel differing opinions of commenters, the changes to what was proposed at at an LQG must complete the hazardous existence of EPA guidance on this point § 262.16(b)(8)(vi) for SQGs or to waste training. At issue is the scope of and the desire to maintain flexibility, § 262.256 for LQGs. these training standards, the the Agency has decided not to revise applicability of the training provision to § 262.17(a)(7) to identify areas of 7. Applying Emergency Planning and employees who are not assigned to work hazardous waste management for which Procedures Revisions to Parts 264 and in the CAAs (e.g., personnel working at personnel training and a written job 265 SAAs), and whether to require training description are required or to Although revisions to emergency and a written job description for specific specifically require training for staff at planning and procedure regulations types of employees working in areas of SAAs. However, EPA would encourage pertain only to generators (language in hazardous waste management related to all generators to take appropriate steps an expanded 40 CFR part 262), many of central accumulation areas. to ensure that all employees who work these provisions were taken from part With the assistance of staff from at areas where hazardous waste is 265 with only slight revisions. certain states (e.g., Connecticut, New accumulated, including at SAAs, or are Therefore, EPA asked whether it would York and Vermont), EPA previously otherwise involved in hazardous waste be appropriate/helpful if proposed identified the following areas of management receive sufficient training revisions to part 262 were also be made hazardous waste management for which to ensure that they are familiar with in the applicable paragraphs of parts personnel training and a written job proper handling and emergency 264 (permitted facilities) and/or 265 description should be required: (1) procedures. (facilities operating under interim Completes and/or signs the hazardous status) to ensure consistency or whether 6. Revising Frequency of waste manifest; (2) manages hazardous the regulations should remain Communication With Emergency waste in areas where hazardous wastes unchanged despite the result that Response Agencies are accumulated; (3) maintains generators and TSDFs would be left hazardous waste inventory; (4) conducts During discussions related to making with some regulations that are very daily or weekly inspections of areas and documenting arrangements with the similar but not exactly the same. where hazardous wastes are LEPCs, EPA noted that existing Although the majority of those who accumulated and (5) plans or responds regulations do not specify how commented supported making changes to emergencies that involve hazardous frequently hazardous waste generators to TSDF regulations, EPA is not making wastes. EPA believed this clarification must make arrangements with local changes as part of this rulemaking would have the benefit of assisting authorities. Considering that some SQGs because the Agency believes that LQGs in determining more readily the and LQGs may already coordinate with emergency planning and procedure scope of their hazardous waste training their LEPCs annually as part of their requirements at TSDFs can best be program. Nevertheless, in the proposal, EPCRA requirements, EPA opined that addressed on a facility-specific basis the Agency requested feedback on this it would not be necessary to include through the permitting process. issue and others before making a final time frames as part of this rule. The decision. Agency, nevertheless, requested XII. Technical Corrections and Commenters were generally evenly comments on whether the regulations Conforming Changes to 40 CFR Parts divided on whether or not the should mandate how frequently a 257, 258, 260 Through 265, 270, 273, regulations should specifically identify generator must communicate with its and 279 positions at LQGs where hazardous LEPC or local fire department if it has The proposed rule included 23 waste training and a written job not otherwise communicated with them. technical corrections and conforming description is necessary. Supporters With the exception of one commenter changes to various paragraphs in parts who agreed with the areas of hazardous who suggested that arrangements should of 257, 258, 260 through 265, 270, 273, waste management identified by EPA be updated annually, at a minimum, and 279 discussed at 80 FR 57984. also identified additional job functions, and more frequently if modification is These changes eliminate the regulatory including those not directly involved in needed based on changes such as the text for discontinued programs, identify handling hazardous waste that type/amount of waste generated, areas where conforming changes are
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necessary, update existing regulatory 262.210(d)(2), 262.211(e)(3), 264.1030(b)(2), 264.1050(b)(2), text to account for new programs, 262.213(a)(2), 262.213(a)(3), 265.1(c)(7), 265.71(c), 265.1030(b)(2) improve the readability of certain 262.213(b)(2), 262.216(b), 264.1(g)(1), and (b)(3), 268.7(a)(5) and 270.1(c)(2)(i). paragraphs, and correct typographical 268.1(e)(1), 270.1(c)(2)(iii), and (11) Correct the statutory citation at errors. As an example, we proposed to 279.10(b)(3). In § 261.33(e) and (f), EPA § 262.43 that referred to sections 2002(a) revise § 260.3, which currently reads, is removing the references to §§ 261.5(e) and 3002(6) of the Act. The reference to ‘‘As used in parts 260 through 265 and and 261.5(a) and (g), respectively, 3002(6) should be to 3002(a)(6). 268 of this chapter.’’ However, this text because the quantity limits for Additionally, the word ‘‘he’’ was fails to account for additional parts of hazardous wastes are contained in removed in order to be gender neutral. the regulations that were promulgated EPA’s definitions for very small (12) Make two conforming changes to after 1986, such as parts 266, 267, and quantity generator, small quantity the definition of ‘‘central accumulation 270 through 273. Therefore, the Agency generator, and large quantity generator. area’’ previously found in § 262.200 in proposed to revise this paragraph to (Note: The comments at the end of subpart K. We moved this definition correct this oversight to read, ‘‘As used § 261.33(e) and (f) remain.) from this location to § 260.10 with the in parts 260 through 273 of this (6) Replace the word ‘‘waste’’ with following revisions. First, because of the chapter.’’ ‘‘water’’ in previous § 261.5(e)(2), which reorganization of the regulations in 40 read, ‘‘A total of 100 kg of any residue CFR part 262, we changed the references A. What is EPA finalizing? or contaminated soil, waste, or other to the applicable regulations for the The Agency is finalizing 20 of the 23 debris resulting from the clean-up of a central accumulation areas that are used proposed technical corrections. The spill, into or on any land or water . . . in the definition of central accumulation three proposed technical corrections not .’’ Prior to 1985, the word ‘‘waste’’ was area in § 262.200. For LQGs, the being finalized in this action are also ‘‘water’’ and the Agency was not able to reference to § 262.34(a) has been discussed. In addition, EPA is finalizing determine why this change occurred so changed to § 262.17 and for SQGs, the conforming changes throughout the text we are reverting back to the original reference to § 262.34(d) through (f) has to account for the reorganization and the regulatory language. (In the been changed to § 262.16. changes in defined terms. Also note that reorganization, this language is moved Second, we removed the reference to EPA is making a conforming change to to § 260.10 and is contained in the Performance Track in the definition of § 266.80(a) in this action to take into definitions of large quantity generator, ‘‘central accumulation area’’ in account the revisions being made as a small quantity generator and very small § 262.200 of subpart K because the part of the ‘‘Hazardous Waste Export- quantity generator.) Performance Track program was Import Revisions’’ Final Rule (Docket ID (7) Revise § 261.420 to clarify that the terminated (74 FR 22741; May 14, 2009). EPA–HQ–RCRA–2015–0147; FRL– requirement in § 261.411(c) that all Both of these conforming changes are 9947–74–OLEM). employees be familiar with proper reflected in the definition of ‘‘central The technical corrections the Agency waste handling and emergency accumulation area’’ that has been added is finalizing are: procedures relevant to their in § 260.10. (1) Revise § 260.3, which previously responsibilities applies to facilities that (13) Make conforming changes to read, ‘‘As used in parts 260 through 265 generate or accumulate more than 6,000 citations that previously used the term and 268 of this chapter’’ to currently kg of hazardous materials as well as to ‘‘conditionally exempt small quantity read ‘‘As used in parts 260 through 273 facilities that generate or accumulate generator’’ to reflect EPA’s change to the of this chapter’’ to account for less than that amount. term ‘‘very small quantity generator.’’ additional parts of the regulations that (8) Remove Notes 1 and 2 from The citations where ‘‘conditionally were promulgated after 1986, such as § 262.10. Note 1 previously stated that exempt small quantity generator’’ was parts 266, 267, and 270 through 273. the provisions of § 262.34 are applicable replaced with ‘‘very small quantity (2) Modify the definitions of to the on-site accumulation of generator’’ include: §§ 262.200, ‘‘Treatability Study,’’ ‘‘Universal Waste hazardous waste by generators. 262.201(b), 262.202(b), 262.203(a), Handler,’’ ‘‘Universal Waste Therefore, the provisions of § 262.34 262.203(b)(2), 262.204(a), 262.209(b), Transporter’’ in § 260.10 to only only apply to owners or operators who 262.210(d)(2), 262.213(a)(3), 268.1(e)(1), capitalize the first word (e.g., are shipping hazardous waste which 270.1(c)(2)(iii), 273.8, 273.8(a)(2), ‘‘Universal’’) in order to match the they generated at that facility. Note 2 273.81(b), and 279.10(b)(3). EPA also formatting in the rest of this section. previously stated that a generator who made this conforming change in 40 CFR (3) Remove the closed parenthesis treats, stores, or disposes of hazardous parts 257 and 258 as well. Although after ‘‘(e.g.,)’’ from § 261.1(c)(6). waste on site must comply with the EPA had not explicitly specified these (4) Improve the readability of applicable standards and permit parts as affected citations in the § 261.4(a)(7), which previously read, requirements set forth in 40 CFR parts proposal, EPA had explained clearly in ‘‘Spent sulfuric acid used to produce 264, 265, 266, 268, and 270. These notes the preamble to the proposal that we virgin sulfuric acid, unless it is are no longer necessary because the would need to replace the term accumulated speculatively as defined in Agency replaced § 262.34 with a new ‘‘CESQG’’ with the new term ‘‘VSQG’’ § 261.1(c) of this chapter’’ to currently reorganization of the regulations that throughout the entire EPA regulations. read ‘‘Spent sulfuric acid used to address Note 1 and in § 262.10 that (14) Improve the readability of produce virgin sulfuric acid provided it address Note 2. § 264.170, which previously read, ‘‘The is not accumulated speculatively as (9) Remove the extra period in the last regulations in this subpart apply to defined in § 261.1(c) of this chapter.’’ line of the paragraph at § 262.10(l). owners and operators of all hazardous (5) Make conforming changes to (10) Made conforming changes to waste facilities that store containers of citations that reference § 261.5 to reflect sections that reference § 262.34 to reflect hazardous waste . . . .’’ The Agency the reorganization of these regulations. EPA’s move of these regulations. The revised this language to currently read, The citations where references to citations where references to § 262.34 ‘‘The regulations in this subpart apply § 261.5 are revised include all the are revised include the following: to owners and operators of all hazardous following: §§ 262.10(b), 262.10(l)(2), §§ 262.10(l)(1), 262.201(a), 262.201(a), waste facilities that store hazardous 262.201(b), 262.204(a), 262.210(b)(3), 262.216(a), 264.1(g)(3), 264.71(c), waste in containers . . . .’’
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(15) Improve the readability of the generators in this section. Therefore, we hazardous waste generators improve first sentence in § 264.191(a), which are including a reference from and maintain compliance with the previously read, ‘‘For each existing tank § 262.40(c) to the recordkeeping RCRA regulations, thereby reducing system . . . the owner or operator must requirement in § 262.11(f) as part of this violations and increasing environmental determine that the tank system is not final rule. benefits. Similarly, the use of electronic leaking or is unfit for use.’’ The Agency Second, the Agency is not finalizing tools may reduce the costs to EPA, the revised this language to currently read, the two proposed technical corrections states and regulated community for ‘‘For each existing tank system . . . the that would have added § 265.445, records required to be kept on file, or owner or operator must determine that applicable to drip pads, to § 265.111(c) documents required to be reported that the tank system is not leaking or is fit and § 265.114, respectively. As pointed currently are submitted on paper. for use.’’ out by one commenter, this change is From an efficiency standpoint, when (16) Make conforming changes to and not necessary because and § 262.17 information is submitted to EPA or the improve the readability of § 265.1(c)(7), already references § 265.445 as part of states on paper, this requires which previously read, ‘‘A generator LQGs having to comply with part 265 government staff or contractors to accumulating waste on-site in subpart W drip pad regulations. manually enter the data into federal and compliance with § 262.34 of this state data systems. These processes can C. Major Comments chapter, except to the extent the be time-consuming, leading sometimes requirements are included in § 262.34 of Except for the comments associated to important information going this chapter.’’ The Agency revised this with the proposed changes to unnoticed, potential errors introduced sentence to currently read, ‘‘A generator § 262.40(c), § 265.111(c) and § 265.114, through manual data entry requiring accumulating waste on site in as well as two commenters pointing out time-consuming correction processes by compliance with applicable conditions the inadvertent mistakes at § 261.33(e) both regulated entities and the for exemption in § 262.14 though and (f), commenters were either in government. As an example, when the § 262.17 and subparts K and L of part support of the proposed technical Toxics Release inventory switched from 262, except to the extent the corrections or had no comments paper reporting to e-reporting, costs of requirements of this part are included in associated with these changes. managing the data went down by 99 those section and subparts.’’ The new XIII. Electronic Tools To Streamline percent and accuracy of submissions references to the conditions for Hazardous Waste Reporting and also was increased. Better use of exemption in 262.14 and 262.15, and Recordkeeping Requirements information technology may be an subparts K and L provide the locations important step to improving program of the existing conditions for exemption This section summarizes the efficiency, and as a result, program from part 265 for VSQGs, satellite comments the Agency received effectiveness as well. However, at this accumulation, and academic entities; regarding the feasibility of using time, the Agency is not finalizing any and the new conditions for exemption electronic tools to support increases in electronic tools, but will continue to for episodic generation. RCRA program efficiency and evaluate the comments received and (17) Correct the list of Federal effectiveness. More specifically, in the explore the feasibility in the future. Register notices in § 265.54 to be proposed rule, the Agency requested A. Waste Determination Tools consistent with the list of references in comment on the use of electronic tools § 264.54. The reference to 53 FR 37935, in three program areas. In section Many commenters expressed September 28, 1988, was missing from VIII.B.9 of the proposed rule (80 FR concerns about the feasibility of § 265.54. 57946), the Agency requested comment developing a waste determination (18) Make a conforming change that on the feasibility of developing an decision tool. Three related areas of removed and reserved § 265.201 electronic decision tool to assist concern frequently stood out in their (Special requirements for generators of generators in making accurate comments. First, developing a decision between 100 and 1,000 kg/mo that hazardous waste determinations. As tool with some measure of reliability accumulate hazardous waste in tanks). part of that discussion, the Agency would involve a complex undertaking. EPA moved this section to § 262.16. requested comment on the feasibility of To be effective and helpful, the decision (19) Add a missing reference to 40 the private sector developing electronic tool would need to account of all of the CFR part 268 in § 270.1(a)(3), which application software (apps) and whether different factors associated with previously read, ‘‘The RCRA permit there is a market for such an app and generating a waste, including industrial program . . . in 40 CFR parts 264, 266, what EPA could do to facilitate software sectors, materials of production, and 267’’ to read, ‘‘The RCRA permit development. In section VIII.H.3 of the chemical processes, and more. program . . . in 40 CFR parts 264, 266, proposed rule (80 FR 57961), the Incorporating these many factors into a 267, and 268. ’’ Agency requested comment on the reliable decision tool may not be feasibility of developing an electronic feasible. Second, because of the B. What changed since proposal? application containing information from complexity and time involved, The Agency is not finalizing three the executive summaries (now referred development costs would be expensive, technical corrections. First, we are not to as a ‘‘quick reference guide’’) of and, as several commenters mentioned, finalizing the conforming change to contingency plans that emergency costs to maintain the decision tool remove and reserve § 262.40(c) that was responders could use in responding to would be expensive as well. As proposed to be moved to § 262.11. One an emergency. Also, in section XV (80 expressed by at least one commenter, if commenter pointed out that other parts FR 57985), the Agency explored with there were a viable market for such a of the regulations reference § 262.40(c). stakeholders the feasibility of using tool, the private sector would have In addition, the title of § 262.40 is electronic tools to streamline hazardous stepped in by now and developed it. Recordkeeping and it is located in waste reporting and recordkeeping Hence, the viability of such a tool being subpart D, titled ‘‘Recordkeeping and requirements. developed by the private sector seems Reporting.’’ EPA has determined that it In broad terms, and as discussed in remote. Third, if a tool was developed, is appropriate to retain a reference to preamble to the proposed rule, the use and if a generator used the tool as the this recordkeeping requirement for of electronic tools may be able to help basis of its waste determination and it
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was found to be wrong, a difficult CAMEO interface and the RCRA increase the efficiency and effectiveness question over liability may arise. More contingency planning information of hazardous waste shipments. Based on than one commenter stated that would make the most practical sense. comments, the Agency will continue to developing a decision tool with 100 However, several commenters did see review existing RCRA reporting and percent accuracy was impossible. the need for electronic submittal of recordkeeping regulatory requirements However, others did see merit in such contingency plans to make them more to identify cost-effective areas of a tool, if carefully scoped out and accessible and useful, although one opportunity to either use electronic developed. More than one commenter commenter pointed out that electronic tools or allow for submittal of suggested that EPA consider developing submittal could prove problematic information, such as RCRA contingency a decision tool that focused on common during an emergency when power and plans. or ‘‘simple’’ waste streams that could communications may be lost or help VSQGs and SQGs in making waste disrupted. XIV. Enforceability determinations. In line with this thought, one C. Recordkeeping and Reporting Tools Persons that generate hazardous waste commenter recommended that the Commenters were generally must comply with all the applicable decision tool include ‘filtering’ supportive of EPA pursuing the independent requirements of the RCRA questions such as ‘‘Does the waste vary development of electronic hazardous waste regulations, unless per batch? Is the waste associated with recordkeeping and reporting tools to they obtain a conditional exemption a particular type of manufacturing? Do improve compliance, but in some cases, from those requirements, provided by you know what is in the waste?’’ not mandating their use. One § 262.14, or by § 262.15, 262.16, or Depending on the answers, the commenter, a state, supports the use of 262.17, or by § 262.70. Each generator generator could proceed or stop since electronic tools for managing and category’s independent requirements are reporting environmental data, an the decision tool would not be useful. listed in § 262.10 of this final rule. If a example being the submittal of One commenter went even further by person violates independent describing an analytical approach by groundwater monitoring data by requirements, EPA may bring an having the tool first determine if the municipal solid waste landfill facilities. enforcement action under section 3008 waste is listed or characteristically Conversely, another state commenter hazardous, and then determine if it is did not support the development of of RCRA for violations of the eligible for one of the exemptions electronic tools that require additional independent requirements. Where a identified in the regulations. By submittals by the regulated community, generator does not comply with performing the determination this way, such as submittal of training or conditions for an exemption and is the generator would be aware that the inspection records. Another state therefore no longer exempt, the waste could potentially be hazardous if commenter encouraged the use of any enforcement action will allege it is managed in a way that does not electronic tools (‘‘e-tools’’) for notices or violations of those requirements for qualify it for an exemption. This reporting required by regulations that hazardous waste storage facilities from commenter also suggested that the tool would result in a reduction of manual which the generator was attempting to should provide the user with some sort data entry by states. remain exempt. States may choose to of output that documents the D. Analysis of Comments enforce against violations of state characterization process, including the hazardous waste requirements under generator’s answers to the key questions A review and analysis of comments state authorities. that produced the end result. That way regarding the feasibility of using As with any violation, EPA and inspectors and others attempting to electronic tools to support increases in verify the determination would be able RCRA program efficiency and authorized states have numerous to clearly see the basis for it. Finally, effectiveness suggest commenters enforcement mechanisms available that more than one commenter suggested generally support use of electronic tools range in severity. These include notices EPA focus on the generic process of that reduce costs, have wide of violation, orders for compliance, making a hazardous waste applicability, and improve program orders for operations to cease, or determination rather than a waste- effectiveness. Where those criteria assessment of penalties as appropriate. specific approach. cannot be met, support usually was not In addition, EPA and authorized states forthcoming. Hence, many of the have flexibility in applying these B. Emergency Response Executive commenters did not see the cost- mechanisms to the various responsible Summary App effectiveness of developing a waste parties as appropriate to the specific Interestingly, most commenters did determination decision tool unless circumstances. This rule does not affect not respond directly to the request for properly scoped out to address common the availability of any of these comment concerning the viability of or simple wastes where the costs of mechanisms, or EPA’s or states’ choice developing an emergency response development could be manageable— as to which type of enforcement executive summary app. For those also realizing that using any potential approach to pursue against violators. commenters that did respond, tool developed would be a guide to The rule does distinguish between comments received were mixed with assist generators in making a waste independent requirements and some favoring development and others determination and not a definitive conditions from exemption in the opposed either because such tools decision tool that guaranteed an generator regulations: It makes clear that already exist or are under development, accurate answer. or because they do not see the need. For As many know, the Agency has a generator’s violation of a condition of example, one commenter mentioned already developed an electronic tool to exemption results in the generator that their fire departments were already enter site identification information on losing that exemption, resulting in a using CAMEO (Computer-Aided EPA Form 8700–12 as well as biennial violation of the hazardous waste storage Management of Emergency Operations) report information on EPA Form 8700– requirement from which the generator in such a way that some form of 13 A/B. Similarly, the Agency is in the was seeking an exemption. integration between the existing process of developing e-Manifest to
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XV. State Authorization B. Effect on State Authorization of Final apply for a waiver from their local fire Rule department to accumulate ignitable and A. Applicability of Rules in Authorized reactive wastes within the 50 foot States This document finalizes regulations that amend certain sections of the facility boundary (section IX.H of this Under section 3006 of RCRA, EPA hazardous waste generator regulations preamble); and (3) allowing VSQGs and may authorize states to administer the in 40 CFR parts 260 through 265, 268, SQGs to voluntarily maintain their RCRA Subtitle C hazardous waste 270, 273, and 279. These regulations existing regulatory status if they have an program. Following authorization, the were promulgated under the authority episodic event that generates additional authorized state program operates in of sections 2002, 3001, 3002, 3003, amounts of hazardous waste which lieu of the federal regulations. EPA 3004, 3007, and 3010 of RCRA). These would have resulted in them moving into a higher generator category for a retains authority to enforce the changes are promulgated under non- short period of time, so long as they authorized state Subtitle C program, HSWA authority. although authorized states have primary Thus, the standards will be applicable comply with specified conditions enforcement authority. EPA also retains on the effective date only in those states (section X of this preamble). Thus, its authority under RCRA sections 3007, that do not have final authorization of authorized states may, but are not required to, adopt these changes. 3008, 3013, and 7003. The standards their base RCRA programs. Moreover, This final rule also includes several and requirements for state authorization authorized states are required to modify are found at 40 CFR part 271. revisions that are neither more nor less their programs only when EPA stringent, such as (1) reorganizing the Prior to enactment of the Hazardous promulgates federal regulations that are and Solid Waste Amendments of 1984 hazardous waste generator regulations more stringent or broader in scope than to make them more user-friendly (HSWA), a state with final RCRA the authorized state regulations. For authorization administered its (section VI of this preamble); (2) those changes that are less stringent, defining central accumulation area and hazardous waste program entirely in states are not required to modify their lieu of EPA administering the federal the generator categories (section VII of programs. this preamble); (3) mixing a non- program in that state. EPA did not issue Several of the revisions to the permits for any facilities in that state, hazardous waste with a hazardous waste hazardous waste generator regulations (section IX.C of this preamble); (4) since the state was now authorized to are more stringent than those issue RCRA permits. When new, more repeating the prohibition for generators promulgated earlier. These include the from sending hazardous liquids to stringent federal requirements were following: (1) Requiring SQGs, LQGs promulgated, the state was obligated to landfills (section IX.M of this preamble); and transfer facilities to better define the (5) replacing the list of specific data enact equivalent authorities within risks of hazardous wastes accumulated specified time frames. However, the elements with a requirement to in tanks, containers, drip pads, and complete and submit all data elements new requirements did not take effect in containment buildings, as well as when an authorized state until the state required in the Biennial Report form hazardous waste is accumulated in (section IX.N of this preamble); (6) adopted the equivalent state satellite accumulation areas (section requirements. deleting the performance track and IX.E. of this preamble); (2) requiring laboratories XL regulations (section IX.P In contrast, under RCRA section LQGs to notify EPA or their authorized 3006(g) (42 U.S.C. 6926(g)), which was of this preamble); and (7) technical state when they plan to close their corrections and conforming changes to added by HSWA, new requirements and facilities (section IX.I of this preamble); prohibitions imposed under HSWA various parts of the RCRA regulations (3) requiring SQGs to re-notify every (section XII of this preamble). Thus, authority take effect in authorized states four years (section IX.L of this at the same time that they take effect in authorized states may, but are not preamble); (4) requiring LQGs to submit required to, adopt these changes. unauthorized states. While states must a biennial report that identifies all of the still adopt HSWA-related provisions as hazardous wastes generated in the XVI. Statutory and Executive Order state law to retain authorization, EPA calendar year, not just for the months Reviews implements the HSWA provisions in the facility was an LQG (sections IX.N authorized states, including the Additional information about these of this preamble); (5) requiring LQGs statutes and Executive Orders can be issuance of any permits pertaining to updating their contingency plans to HSWA requirements, until the state is found at https://www.epa.gov/laws- prepare a quick reference guide for their regulations/laws-and-executive-orders. granted authorization to do so. contingency plans to assist responders Authorized states are required to in an emergency (section XI of this A. Executive Order 12866: Regulatory modify their programs only when EPA preamble); and (6) requiring facilities Planning and Review and Executive promulgates federal requirements that that recycle hazardous waste without Order 13563: Improving Regulation and are more stringent or broader in scope storing the waste to prepare and submit Regulatory Review 104 than existing federal requirements. a Biennial Report. Therefore, states that This action is a significant regulatory RCRA section 3009 allows the states to have adopted the base RCRA program action that was submitted to the Office impose standards more stringent than will be required to modify their of Management and Budget (OMB) for those in the federal program (see 40 CFR hazardous waste programs to review. This action is a ‘‘significant 271.1). Therefore, authorized states may, incorporate equivalent provisions if regulatory action’’ in that it may raise but are not required to, adopt federal these standards are finalized. novel legal or policy issues arising out regulations, both HSWA and non- On the other hand, three of the final of legal mandates, the President’s HSWA, that are considered less revisions are less stringent than the priorities, or the principles set forth in stringent than previous federal current hazardous waste regulations. the Executive Order. Any changes made regulations. These revisions include the following: in response to OMB recommendations (1) Allowing VSQGs to voluntarily send 104 have been documented in the docket. EPA notes that decisions regarding whether a In addition, EPA prepared an analysis state rule is more stringent or broader in scope than hazardous waste to LQGs under the the federal program are made when the Agency control of the same person (section IX.K of the potential costs and benefits authorizes a state program for a particular rule. of this preamble); (2) allowing LQGs to associated with this action. This
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analysis is contained in EPA’s Similarly, SQGs will have to re-notify determination, the impact of concern is Regulatory Impact Analysis (RIA) EPA or their authorized state every four any significant adverse economic document titled ‘‘Regulatory Impact years that they have not changed their impact on small entities. An agency may Assessment of the Potential Costs, regulatory category to support effective certify that a rule will not have a Benefits, and Other Impacts of the Final inspections and program management significant economic impact on a Hazardous Waste Generator activities. New LQGs and LQGs that substantial number of small entities if Improvements Rule.’’ A copy of the have to update their emergency the rule relieves regulatory burden, has analysis is available in the docket for response plan will be required to no net burden or otherwise has a this action and the analysis is briefly develop and submit a quick reference positive economic effect on the small summarized here. guide of their emergency response plan entities subject to the rule. EPA estimates the future annualized to their local emergency responders or, The small entities directly regulated cost to industry to comply with the as appropriate, the Local Emergency by this final rule include entities that requirements of this action at between Planning Committee to effectively assist generate hazardous waste across various $5.9 and $13.3 million at 7% discount these parties in responding to an industries, including, but not limited to, rate. Similarly, the annualized cost emergency. pesticide end-users and application savings or benefits for facilities opting to EPA and state agencies will use the services; industrial chemical take advantage of two voluntary collected information to ensure that manufacturers; wood preservation; programs in the rule (e.g., consolidation hazardous wastes are managed in a cost- pharmaceutical and other chemical and of VSQG waste by large quantity effective manner that minimizes risks to chemical product manufacturers; dry generators under the same ownership, human health and the environment. cleaners and industrial launderers; and generators who would not be Local emergency response organizations funeral services and crematories; required to change generator status as a will also use the collected information photography; textile manufacturing; result of an episodic event) in to prepare contingency plans to reduce vehicle maintenance; metal combination with the less stringent risks to emergency responders and manufacturing; construction; printing; requirements for SQGs accumulating bystanders. EPA does not expect professional cleaning services; waste on drip pads or in containment confidentiality to be an issue in hospitals; and wholesale paints and buildings is between $8.3 and $14.4 generators either providing information chemicals. The RIA estimated that the million at 7% discount rate. This results to EPA or an authorized state or in compliance costs of the final rule in a net annualized benefit for the whole maintaining the necessary records represent less than 1 percent of average rule of $2.4 million for the low-end required by the rule. The statutory annual revenues for small entities in the estimate and $1.1 million for the high- authority to collect this information is affected universe. The RIA used the end estimate at a 7% discount rate. found at RCRA 3002 (42 U.S.C. 6922) Economic Census and Census of Agriculture data to calculate the average B. Paperwork Reduction Act (PRA) and RCRA 3003 (42 U.S.C. 6923). Respondents/affected entities: Private annual revenues of small entities in the The information collection activities sector and state and local authorities. affected universe. The average in this rule have been submitted for Respondent’s obligation to respond: annualized costs of the rule are approval to the Office of Management Mandatory. estimated to be between $112 and $209 and Budget (OMB) under the PRA. The Estimated number of respondents: on a per facility basis for small entities Information Collection Request (ICR) 167,346. in the affected universe (using a 7 document that the EPA prepared has Frequency of response: On occasion, percent discount rate). At most, the RIA been assigned EPA ICR number 2513.02. annually, and biennially depending on estimates the costs of the final rule You can find a copy of the ICR in the the requirement. represent between 0.08 and 0.15 percent docket for this rule, and it is briefly Total estimated burden: 260,366 of annual revenues for small entities in summarized here. The information hours (per year). Burden is defined at 5 the affected universe. Therefore, we collection requirements are not CFR 1320.3(b). have concluded that this action is not enforceable until OMB approves them. Total estimated cost: $14,184,000 (per expected to have a significant impact to This rule is necessary for EPA and year), includes $2,526,000 in annualized a substantial number of small entities. authorized states to oversee the capital or operation & maintenance D. Unfunded Mandates Reform Act generation and management of costs. hazardous waste. EPA is promulgating An agency may not conduct or This action does not contain an the establishment of these information sponsor, and a person is not required to unfunded mandate of $100 million as collection requirements under the respond to, a collection of information described in UMRA, 2 U.S.C. 1531– authority of RCRA Subtitle C. Several unless it displays a currently valid OMB 1538, and does not significantly or provisions in this rule will require control number. The OMB control uniquely affect small governments. The respondents to either submit numbers for EPA’s regulations in 40 RIA estimates that the state, local, and information to EPA or their authorized CFR are listed in 40 CFR part 9. When tribal government share of future state, or maintain records at their OMB approves this ICR, the Agency will average annualized direct costs for the facility. For example, generators will announce that approval in the Federal final rule requirements to range between have to notify EPA or their authorized Register and publish a technical $0.2 million and $0.4 million per year state they plan to take advantage of two amendment to 40 CFR part 9 to display (using a 7 percent discount rate). Thus, voluntary provisions that will provide the OMB control number for the this final rule is not subject to the greater flexibility in how they manage approved information collection requirements of sections 202 or 205 of they hazardous waste (i.e., VSQG activities contained in this final rule. UMRA. consolidation of their hazardous waste This final rule is also not subject to by a LQG under control of the same C. Regulatory Flexibility Act (RFA) the requirements of section 203 of person or company; and episodic I certify that this action will not have UMRA because it contains no regulatory generation of hazardous waste resulting a significant economic impact on a requirements that might significantly or in a temporary change in regulatory substantial number of small entities uniquely affect small governments. The status). under the RFA. In making this rulemaking finalizes clarifications and
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modifications to the hazardous waste include (1) requiring LQGs and SQGs to community, and therefore foster generator regulations, which impacts provide more detailed marking and improved human health and only those entities that generate labeling information for containers, environmental protection, including for hazardous waste. Small governments tanks, drip pads, and containment minority and low-income populations. would only be subject to the changes in buildings accumulating hazardous These components include, for example, the final rule if they generated wastes; (2) requiring LQGs to notify EPA (1) requiring LQGs and SQGs to provide hazardous waste subject to the RCRA or an authorized state when they plan more comprehensive marking and hazardous waste requirements. to close either a hazardous waste labeling information for containers, accumulation unit or their site; (3) tanks, drip pads, and containment E. Executive Order 13132: Federalism requiring LQGs and SQGs to re-notify buildings accumulating hazardous This action does not have federalism EPA or the authorized state on a wastes; (2) requiring LQGs to notify EPA implications. It will not have substantial periodic basis of their hazardous waste or an authorized state when they plan direct effects on the states, on the generator activities; and (4) improving to close either a hazardous waste unit or relationship between the national emergency preparedness and response their site; (3) requiring LQGs and SQGs government and the states, or on the regulations on the part of SQGs and to re-notify EPA or the authorized state distribution of power and LQGs. on a periodic basis of their hazardous responsibilities among the various waste generator activities; and (4) levels of government. H. Executive Order 13211: Actions Concerning Regulations That improving emergency preparedness and F. Executive Order 13175: Consultation Significantly Affect Energy Supply, response regulations on the part of and Coordination With Indian Tribal Distribution or Use SQGs and LQGs. Governments Furthermore, EPA is allowing VSQGs This action is not a ‘‘significant to ship their hazardous waste to an LQG This action may have tribal energy action’’ because it is not likely to under the control of the same person. As implications. However, it will neither have a significant adverse effect on the described in section IX.K of the impose substantial direct compliance supply, distribution, or use of energy. preamble, this may increase costs on tribal governments, nor This final rule does not involve the environmental protection in the local preempt tribal law. Under the RCRA supply, distribution, or use of energy. community because hazardous waste statute, the federal government generated by VSQGs would be subject to implements hazardous waste I. National Technology Transfer and more stringent requirements upon regulations directly in Indian Country. Advancement Act (NTTAA) receipt by the LQG, including ultimate Thus, the final changes to the hazardous This rulemaking does not involve management by a RCRA permitted waste regulations would not impose any technical standards. TSDF (as opposed to being managed direct costs on tribal governments. J. Executive Order 12898: Federal The EPA consulted with tribal possibly in a municipal solid waste Actions To Address Environmental officials under the EPA Policy on landfill). Although this change could Justice in Minority Populations and Consultation and Coordination with result in an increase in traffic for certain Low-Income Populations Indian Tribes early in the process of communities, EPA believes the increase developing this regulation to permit The EPA believes that this action does would not be significant given that them to have meaningful and timely not have disproportionately high and VSQGs currently may send their input into its development. A summary adverse human health or environment hazardous waste to a number of of that consultation is provided in the effects on minority, low-income and/or destinations, including municipal and docket for this action. indigenous peoples, as specified in non-municipal solid waste management As required by section 7(a), the EPA’s Executive Order 12898 (59 FR 7629, facilities. Tribal Consultation Official has certified February 16, 1994). The final rule aims Last, EPA is finalizing alternative that the requirements of the executive to improve human health and standards for VSQGs and SQGs that order have been met in a meaningful environmental protection in a variety of would allow these entities to maintain and timely manner. A copy of the ways. For example, there are several their generator category if they generate certification is included in the docket components to this final rule that hazardous waste during an episodic for this action. modify the existing hazardous waste event. Although these generators will be generator regulations to assist generators allowed to temporarily manage a greater G. Executive Order 13045: Protection of in understanding and facilitating amount of hazardous waste than their Children From Environmental Health improved compliance with the current generator category allows, EPA Risks and Safety Risks hazardous waste regulations. Examples is finalizing conditions under which the This action is not subject to Executive include clarifying regulations regarding hazardous waste generated from an Order 13045 because it is not the mixing of non-hazardous waste with episodic event must be managed in economically significant as defined in a hazardous waste by a generator, and order to maintain protection of human Executive Order 12866, and because the better explaining the process by which health and the environment. Therefore, Agency does not believe the generators determine under what level EPA does not anticipate environmental health or safety risks of regulation that they must manage disproportionately high and adverse addressed by this action present a their hazardous waste (i.e., determining human health or environmental effects disproportionate risk to children. The if they are VSQG, SQG, or LQG). on minority, low-income or indigenous Agency does not believe that this action Additionally, EPA is reorganizing the populations from these alternative presents risks to the public. In fact, hazardous waste generator rules to make standards. there are several components to this them more user-friendly and therefore K. Congressional Review Act (CRA) final rule that modify the existing assist generators in understanding their hazardous waste generator regulations responsibilities in managing the This action is subject to the CRA, and to enhance environmental protection in hazardous waste they generate safely. the EPA will submit a rule report to the local community, which includes Still other components of this final each House of the Congress and to the protection of children. Examples rule enhance protection of the local Comptroller General of the United
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States. This action is not a ‘‘major rule’’ 40 CFR Part 268 purposes of ensuring that non- as defined by 5 U.S.C. 804(2). Environmental protection, Hazardous municipal non-hazardous waste disposal units that receive very small List of Subjects waste, Reporting and recordkeeping requirements. quantity generator (VSQG) waste do not 40 CFR Part 257 present risks to human health and the 40 CFR Part 270 environment taking into account the Environmental protection, Waste practicable capability of such units in treatment and disposal. Environmental protection, Administrative practice and procedure, accordance with section 4010(c) of the 40 CFR Part 258 Confidential business information, Act. Unless otherwise provided, the criteria in §§ 257.50 through 257.107 are Environmental protection, Reporting Hazardous materials transportation, Hazardous waste, Reporting and adopted for determining which CCR and recordkeeping requirements, Waste landfills and CCR surface treatment and disposal, Water pollution recordkeeping requirements, Water pollution control, Water supply. impoundments pose a reasonable control. probability of adverse effects on health 40 CFR Part 260 40 CFR Part 271 or the environment under sections Environmental protection, 1008(a)(3) and 4004(a) of the Act. Environmental protection, Administrative practice and procedure, * * * * * Administrative practice and procedure, Confidential business information, ■ Confidential business information, 3. Section 257.2 is amended by Hazardous materials transportation, revising the definition for Construction Hazardous waste, Incorporation by Hazardous waste, Indians-lands, reference, Reporting and recordkeeping and demolition (C&D) landfill to read as Intergovernmental relations, Penalties, follows: requirements. Reporting and recordkeeping 40 CFR Part 261 requirements, Water pollution control, § 257.2 Definitions. Water supply. * * * * * Environmental protection, Hazardous Construction and demolition (C&D) waste, Recycling, Reporting and 40 CFR Part 273 landfill means a solid waste disposal recordkeeping requirements. Environmental protection, Hazardous facility subject to the requirements of 40 CFR Part 262 materials transportation, Hazardous subparts A or B of this part that receives waste. construction and demolition waste and Environmental protection, Exports, does not receive hazardous waste Hazardous materials transportation, 40 CFR Part 279 (defined in § 261.3 of this chapter) or Hazardous waste, Imports, Environmental protection, Petroleum, industrial solid waste (defined in Incorporation by reference, Labeling, Recycling, Reporting and recordkeeping § 258.2 of this chapter). Only a C&D Packaging and containers, Reporting requirements. landfill that meets the requirements of and recordkeeping requirements. Dated: October 28, 2016. subpart B of this part may receive very 40 CFR Part 263 Gina McCarthy, small quantity generator waste (defined in § 260.10 of this chapter). A C&D Administrator. Environmental protection, Hazardous landfill typically receives any one or materials transportation, Hazardous For the reasons set out in the more of the following types of solid waste, Reporting and recordkeeping preamble, title 40, chapter I of the Code wastes: Roadwork material, excavated requirements. of Federal Regulations is amended as material, demolition waste, follows: 40 CFR Part 264 construction/renovation waste, and site PART 257—CRITERIA FOR clearance waste. Environmental protection, Air CLASSIFICATION OF SOLID WASTE * * * * * pollution control, Hazardous waste, DISPOSAL FACILITIES AND ■ 4. Part 257 is amended by revising the Insurance, Packaging and containers, PRACTICES heading for Subpart B to read as follows: Reporting and recordkeeping requirements, Security measures, Surety ■ 1. The authority citation for part 257 Subpart B—Disposal Standards for the bonds. continues to read as follows: Receipt of Very Small Quantity Generator (VSQG) Wastes at Non- 40 CFR Part 265 Authority: 42 U.S.C. 6907(a)(3), 6912(a)(1), 6944(a), and 6949a(c); 33 U.S.C. 1345(d) and Municipal Non-Hazardous Waste Environmental protection, Air (e). Disposal Units pollution control, Hazardous waste, ■ 2. Section 257.1 is amended by Incorporation by reference, Insurance, ■ 5. Section 257.5 is amended by revising paragraph (a) introductory text revising its section heading; paragraph Packaging and containers, Reporting to read as follows: and recordkeeping requirements, (a); and the paragraph (b) definitions of Security measures, Surety bonds, Water § 257.1 Scope and purpose. ‘‘Existing unit’’ and ‘‘New unit’’ to read supply. (a) Unless otherwise provided, the as follows: 40 CFR Part 266 criteria in §§ 257.1 through 257.4 are § 257.5 Disposal standards for owners/ adopted for determining which solid operators of non-municipal non-hazardous Environmental protection, Energy, waste disposal facilities and practices waste disposal units that receive Very Small Hazardous waste, Recycling, Reporting pose a reasonable probability of adverse Quantity Generator (VSQG) waste. and recordkeeping requirements. effects on health or the environment (a) Applicability. (1) The requirements 40 CFR Part 267 under sections 1008(a)(3) and 4004(a) of in this section apply to owners/ the Resource Conservation and operators of any non-municipal non- Environmental protection, Hazardous Recovery Act (The Act). Unless hazardous waste disposal unit that waste, Reporting and recordkeeping otherwise provided, the criteria in receives VSQG hazardous waste, as requirements. §§ 257.5 through 257.30 are adopted for defined in 40 CFR 260.10. Non-
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municipal non-hazardous waste Authority: 33 U.S.C. 1345(d) and (e); 42 PART 260—HAZARDOUS WASTE disposal units that meet the U.S.C. 6902(a), 6907, 6912(a), 6944, 6945(c) MANAGEMENT SYSTEM: GENERAL requirements of this section may receive and 6949a(c), 6981(a). VSQG wastes. Any owner/operator of a ■ 9. Section 258.2 is amended by ■ 11. The authority citation for part 260 non-municipal non-hazardous waste revising the definitions for continues to read as follows: disposal unit that receives VSQG ‘‘Construction and demolition (C&D) Authority: 42 U.S.C. 6905, 6912(a), 6921– hazardous waste continues to be subject landfill’’ and ‘‘Municipal solid waste 6927, 6930, 6934, 6935, 6937, 6938, 6939, to the requirements in §§ 257.3–2, landfill (MSWLF)’’ to read as follows: and 6974. 257.3–3, 257.3–5, 257.3–6, 257.3–7, and ■ § 258.2 Definitions. 12. Section 260.3 is amended by 257.3–8(a), (b), and (d). revising the introductory text to read as (2) Any non-municipal non-hazardous * * * * * follows: waste disposal unit that is receiving Construction and demolition (C&D) VSQG hazardous waste as of January 1, landfill means a solid waste disposal § 260.3 Use of number and gender. 1998, must be in compliance with the facility subject to the requirements in As used in parts 260 through 273 of requirements in §§ 257.7 through 257.13 part 257, subparts A or B of this chapter this chapter: and § 257.30 by January 1, 1998, and the that receives construction and * * * * * demolition waste and does not receive requirements in §§ 257.21 through ■ 13. Amend § 260.10 by: hazardous waste (defined in § 261.3 of 257.28 by July 1, 1998. ■ a. Adding in alphabetical order the this chapter) or industrial solid waste (3) Any non-municipal non-hazardous definitions of ‘‘Acute hazardous waste’’, (defined in this section). Only a C&D waste disposal unit that does not meet ‘‘Central accumulation area’’, ‘‘Large landfill that meets the requirements of the requirements in this section may not quantity generator’’, and ‘‘Non-acute 40 CFR part 257, subpart B may receive receive VSQG wastes. hazardous waste’’; (4) Any non-municipal non-hazardous very small quantity generator waste ■ b. Removing the definition for waste disposal unit that is not receiving (defined in § 260.10 of this chapter). A ‘‘Performance Track member facility’’; VSQG Hazardous waste as of January 1, C&D landfill typically receives any one ■ c. Revising the definition of ‘‘Small 1998, continues to be subject to the or more of the following types of solid quantity generator’’; requirements in §§ 257.1 through 257.4. wastes: Roadwork material, excavated ■ d. Revising the heading of the (5) Any non-municipal non-hazardous material, demolition waste, definition ‘‘Treatability Study’’ to read waste disposal unit that first receives construction/renovation waste, and site ‘‘Treatability study’’; VSQG hazardous waste after January 1, clearance waste. ■ e. Revising the heading of the 1998, must be in compliance with * * * * * definition ‘‘Universal Waste Handler’’ to §§ 257.7 through 257.30 prior to the Municipal solid waste landfill read ‘‘Universal waste handler’’; receipt of VSQG hazardous waste. (MSWLF) unit means a discrete area of ■ f. Revising the heading of the (b) * * * land or an excavation that receives Existing unit means any non- definition ‘‘Universal Waste household waste, and that is not a land municipal non-hazardous waste Transporter’’ to read ‘‘Universal waste application unit, surface impoundment, disposal unit that is receiving VSQG transporter’’; and injection well, or waste pile, as those ■ hazardous waste as of January 1, 1998. g. Adding in alphabetical order the terms are defined under § 257.2 of this definition of ‘‘Very small quantity * * * * * chapter. A MSWLF unit also may generator’’. New unit means any non-municipal receive other types of RCRA Subtitle D The revisions and additions read as non-hazardous waste disposal unit that wastes, such as commercial solid waste, follows: has not received VSQG hazardous waste nonhazardous sludge, very small prior to January 1, 1998. quantity generator waste and industrial § 260.10 Definitions. * * * * * solid waste. Such a landfill may be * * * * * Acute hazardous waste means § 257.13 [Amended] publicly or privately owned. A MSWLF unit may be a new MSWLF unit, an hazardous wastes that meet the listing ■ 6. Amend § 257.13 by removing the existing MSWLF unit or a lateral criteria in § 261.11(a)(2) and therefore text ‘‘CESQG’’ and adding the text expansion. A construction and are either listed in § 261.31 of this ‘‘VSQG’’ in its place. demolition landfill that receives chapter with the assigned hazard code ■ 7. Section 257.21 is amended by residential lead-based paint waste and of (H) or are listed in § 261.33(e) of this revising paragraph (h) introductory text does not receive any other household chapter. to read as follows: waste is not a MSWLF unit. * * * * * § 257.21 Applicability. * * * * * Central accumulation area means any ■ 10. Section 258.20 is amended by on-site hazardous waste accumulation * * * * * area with hazardous waste accumulating (h) Directors of approved States can revising paragraph (b) to read as follows: in units subject to either § 262.16 (for use the flexibility in paragraph (i) of this § 258.20 Procedures for excluding the small quantity generators) or § 262.17 of section for any non-municipal non- receipt of hazardous waste. this chapter (for large quantity hazardous waste disposal unit that generators). A central accumulation area receives VSQG waste, if the non- * * * * * at an eligible academic entity that municipal non-hazardous waste (b) For purposes of this section, chooses to operate under 40 CFR part disposal unit: regulated hazardous waste means a solid waste that is a hazardous waste, as 262 subpart K is also subject to * * * * * defined in 40 CFR 261.3, that is not § 262.211 when accumulating unwanted PART 258—CRITERIA FOR MUNICIPAL excluded from regulation as a hazardous material and/or hazardous waste. SOLID WASTE LANDFILLS waste under 40 CFR 261.4(b) or was not * * * * * generated by a very small quantity Large quantity generator is a generator ■ 8. The authority citation for part 258 generator as defined in § 260.10 of this who generates any of the following continues to read as follows: chapter. amounts in a calendar month:
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(1) Greater than or equal to 1,000 PART 261—IDENTIFICATION AND § 261.33 Discarded commercial chemical kilograms (2200 lbs) of non-acute LISTING OF HAZARDOUS WASTE products, off-specification species, hazardous waste; or container residues, and spill residues thereof. (2) Greater than 1 kilogram (2.2 lbs) of ■ 15. The authority citation for part 261 acute hazardous waste listed in § 261.31 continues to read as follows: * * * * * or § 261.33(e) of this chapter; or (e) The commercial chemical Authority: 42 U.S.C. 6905, 6912(a), 6921, products, manufacturing chemical (3) Greater than 100 kilograms (220 6922, 6924(y), and 6938. intermediates or off-specification lbs) of any residue or contaminated soil, ■ 16. Section 261.1 is amended by commercial chemical products or water, or other debris resulting from the revising paragraphs (a)(1) and (c)(6) to manufacturing chemical intermediates cleanup of a spill, into or on any land read as follows: referred to in paragraphs (a) through (d) or water, of any acute hazardous waste of this section, are identified as acute listed in § 261.31 or § 261.33(e) of this § 261.1 Purpose and scope. hazardous wastes (H). chapter. (a) * * * * * * * * * * * * * (1) Subpart A defines the terms ‘‘solid (f) The commercial chemical Non-acute hazardous waste means all waste’’ and ‘‘hazardous waste’’, products, manufacturing chemical hazardous wastes that are not acute identifies those wastes which are intermediates, or off-specification hazardous waste, as defined in this excluded from regulation under parts commercial chemical products referred section. 262 through 266, 268 and 270 of this to in paragraphs (a) through (d) of this * * * * * chapter and establishes special section, are identified as toxic wastes Small quantity generator is a management requirements for (T) unless otherwise designated. generator who generates the following hazardous waste produced by very * * * * * amounts in a calendar month: small quantity generators and hazardous ■ 21. Section 261.420 is amended by (1) Greater than 100 kilograms (220 waste which is recycled. adding paragraph (g) to read as follows: lbs) but less than 1,000 kilograms (2200 * * * * * § 261.420 Contingency planning and lbs) of non-acute hazardous waste; and (c) * * * emergency procedures for facilities (2) Less than or equal to 1 kilogram (6) ‘‘Scrap metal’’ is bits and pieces of generating or accumulating more than 6000 (2.2 lbs) of acute hazardous waste listed metal parts (e.g., bars, turnings, rods, kg of hazardous secondary material. in § 261.31 or § 261.33(e) of this chapter; sheets, wire) or metal pieces that may be * * * * * and combined together with bolts or (g) Personnel training. All employees (3) Less than or equal to 100 soldering (e.g., radiators, scrap must be thoroughly familiar with proper kilograms (220 lbs) of any residue or automobiles, railroad box cars), which waste handling and emergency contaminated soil, water, or other debris when worn or superfluous can be procedures relevant to their resulting from the cleanup of a spill, recycled. responsibilities during normal facility into or on any land or water, of any * * * * * operations and emergencies. acute hazardous waste listed in § 261.31 or § 261.33(e) of this chapter. ■ 17. Section 261.4 is amended by PART 262—STANDARDS APPLICABLE * * * * * revising paragraph (a)(7) to read as TO GENERATORS OF HAZARDOUS follows: WASTE Very small quantity generator is a generator who generates less than or § 261.4 Exclusions. ■ 22. The authority citation for part 262 equal to the following amounts in a continues to read as follows: (a) * * * calendar month: (7) Spent sulfuric acid used to Authority: 42 U.S.C. 6906, 6912, 6922– (1) 100 kilograms (220 lbs) of non- 6925, 6937, and 6938. acute hazardous waste; and produce virgin sulfuric acid provided it is not accumulated speculatively as (2) 1 kilogram (2.2 lbs) of acute Subpart A—General defined in § 261.1(c) of this chapter. hazardous waste listed in § 261.31 or ■ * * * * * 23. Section 262.1 is added to subpart § 261.33(e) of this chapter; and A to read as follows: (3) 100 kilograms (220 lbs) of any § 261.5 [Removed and reserved] residue or contaminated soil, water, or § 262.1 Terms used in this part. other debris resulting from the cleanup ■ 18. Remove and reserve § 261.5. As used in this part: of a spill, into or on any land or water, ■ 19. Section 261.6 is amended by Condition for exemption means any of any acute hazardous waste listed in adding paragraph (c)(2)(iv) to read as requirement in §§ 262.14, 262.15, § 261.31 or § 261.33(e) of this chapter. follows: 262.16, 262.17, 262.70, or subpart K or * * * * * subpart L of this part that states an § 261.6 Requirements for recyclable event, action, or standard that must ■ 14. Section 260.11 is amended by materials. occur or be met in order to obtain an revising the section heading and * * * * * exemption from any applicable paragraph (d)(1) to read as follows: (c) * * * requirement in parts 124, 264 through § 260.11 Incorporation by reference. (2) * * * 268, and 270 of this chapter, or from any requirement for notification under * * * * * (iv) Section 265.75 of this chapter section 3010 of RCRA. (d) * * * (biennial reporting requirements). Independent requirement means a (1) ‘‘Flammable and Combustible * * * * * requirement of part 262 that states an Liquids Code’’ (NFPA 30), 1977 or 1981, ■ 20. Section 261.33 is amended by event, action, or standard that must IBR approved for §§ 262.16(b), revising paragraphs (e) introductory text occur or be met; and that applies 264.198(b), 265.198(b), 267.202(b). and (f) introductory text to read as without relation to, or irrespective of, * * * * * follows: the purpose of obtaining a conditional
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exemption from storage facility permit, (E) Part 262 subpart C—Pre-transport penalty and injunctive relief under interim status, and operating requirements applicable to small and section 3008 of RCRA. requirements under §§ 262.14, 262.15, large quantity generators; * * * * * 262.16, 262.17, or subpart K or subpart (F) Part 262 subpart D— (l) The laboratories owned by an L of this part. Recordkeeping and reporting applicable eligible academic entity that chooses to ■ 24. Section 262.10 is amended by: to small and large quantity generators, be subject to the requirements of subpart ■ a. Revising paragraphs (a) and (b); except § 262.44; and K of this part are not subject to (for ■ b. Removing and reserving paragraph (G) Part 262 subpart H— purposes of this paragraph, the terms (c); Transboundary movements of ‘‘laboratory’’ and ‘‘eligible academic ■ c. Revising paragraph (d); hazardous waste for recovery or entity’’ shall have the meaning as ■ d. Revising paragraph (g); disposal. defined in § 262.200): ■ e. Removing and reserving paragraph (2) A generator that accumulates (1) The independent requirements of (j); and hazardous waste on site is a person that § 262.11 or the regulations in § 262.15 ■ f. Revising paragraph (l). stores hazardous waste; such generator for large quantity generators and small The revisions read as follows: is subject to the applicable requirements quantity generators, except as provided of parts 124, 264 through 267, and 270 in subpart K, and § 262.10 Purpose, scope, and applicability. of this chapter and section 3010 of (2) The conditions of § 262.14, for (a) The regulations in this part RCRA, unless it is one of the following: very small quantity generators, except as establish standards for generators of (i) A very small quantity generator provided in subpart K. hazardous waste as defined by 40 CFR that meets the conditions for exemption * * * * * 260.10. in § 262.14; ■ 25. Revise § 262.11 to read as follows: (1) A person who generates a (ii) A small quantity generator that meets the conditions for exemption in § 262.11 Hazardous waste determination hazardous waste as defined by 40 CFR and recordkeeping. part 261 is subject to all the applicable §§ 262.15 and 262.16; or A person who generates a solid waste, independent requirements in the (iii) A large quantity generator that as defined in 40 CFR 261.2, must make subparts and sections listed below: meets the conditions for exemption in an accurate determination as to whether (i) Independent requirements of a very §§ 262.15 and 262.17. that waste is a hazardous waste in order small quantity generator. (A) Section (3) A generator shall not transport, to ensure wastes are properly managed 262.11(a) through (d) Hazardous waste offer its hazardous waste for transport, according to applicable RCRA determination and recordkeeping; and or otherwise cause its hazardous waste regulations. A hazardous waste (B) Section 262.13 Generator category to be sent to a facility that is not a determination is made using the determination. designated facility, as defined in § 260.10 of this chapter, or not following steps: (ii) Independent requirements of a (a) The hazardous waste small quantity generator. (A) Section otherwise authorized to receive the generator’s hazardous waste. determination for each solid waste must 262.11 Hazardous waste determination be made at the point of waste and recordkeeping; (b) Determining generator category. A generator must use § 262.13 to generation, before any dilution, mixing, (B) Section 262.13 Generator category or other alteration of the waste occurs, determination; determine which provisions of this part are applicable to the generator based on and at any time in the course of its (C) Section 262.18 EPA identification management that it has, or may have, numbers and re-notification for small the quantity of hazardous waste generated per calendar month. changed its properties as a result of quantity generators and large quantity exposure to the environment or other generators; * * * * * factors that may change the properties of (D) Part 262 subpart B—Manifest (d) Any person who exports or the waste such that the RCRA requirements applicable to small and imports hazardous wastes must comply classification of the waste may change. large quantity generators; with § 262.18 and subpart H of this part. (b) A person must determine whether (E) Part 262 subpart C—Pre-transport * * * * * the solid waste is excluded from requirements applicable to small and (g)(1) A generator’s violation of an regulation under 40 CFR 261.4. large quantity generators; independent requirement is subject to (c) If the waste is not excluded under (F) Section 262.40 Recordkeeping; penalty and injunctive relief under 40 CFR 261.4, the person must then use (G) Section 262.44 Recordkeeping for section 3008 of RCRA. knowledge of the waste to determine small quantity generators; and (2) A generator’s noncompliance with whether the waste meets any of the (H) Part 262 subpart H— a condition for exemption in this part is listing descriptions under subpart D of Transboundary movements of not subject to penalty or injunctive 40 CFR part 261. Acceptable knowledge hazardous waste for recovery or relief under section 3008 of RCRA as a that may be used in making an accurate disposal. violation of a 40 CFR part 262 condition determination as to whether the waste is (iii) Independent requirements of a for exemption. Noncompliance by any listed may include waste origin, large quantity generator. (A) Section generator with an applicable condition composition, the process producing the 262.11 Hazardous waste determination for exemption from storage permit and waste, feedstock, and other reliable and and recordkeeping; operations requirements means that the relevant information. If the waste is (B) Section 262.13 Generator category facility is a storage facility operating listed, the person may file a delisting determination; without an exemption from the permit, petition under 40 CFR 260.20 and (C) Section 262.18 EPA identification interim status, and operations 260.22 to demonstrate to the numbers and re-notification for small requirements in 40 CFR parts 124, 264 Administrator that the waste from this quantity generators and large quantity through 267, and 270 of this chapter, particular site or operation is not a generators; and the notification requirements of hazardous waste. (D) Part 262 subpart B—Manifest section 3010 of RCRA. Without an (d) The person then must also requirements applicable to small and exemption, any violations of such determine whether the waste exhibits large quantity generators; storage requirements are subject to one or more hazardous characteristics as
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identified in subpart C of 40 CFR part identify whether a solid waste is a 262.18 EPA identification numbers and re- 261 by following the procedures in hazardous waste, as defined by 40 CFR notification for small quantity generators paragraph (d)(1) or (2) of this section, or 261.3. Records must be maintained for and large quantity generators. a combination of both. at least three years from the date that the * * * * * (1) The person must apply knowledge waste was last sent to on-site or off-site of the hazard characteristic of the waste § 262.13 Generator category treatment, storage, or disposal. These determination. in light of the materials or the processes records must comprise the generator’s used to generate the waste. Acceptable knowledge of the waste and support the A generator must determine its knowledge may include process generator’s determination, as described generator category. A generator’s knowledge (e.g., information about at paragraphs (c) and (d) of this section. category is based on the amount of chemical feedstocks and other inputs to The records must include, but are not hazardous waste generated each month the production process); knowledge of limited to, the following types of and may change from month to month. products, by-products, and information: The results of any tests, This section sets forth procedures to intermediates produced by the sampling, waste analyses, or other determine whether a generator is a very manufacturing process; chemical or determinations made in accordance small quantity generator, a small physical characterization of wastes; with this section; records documenting quantity generator, or a large quantity information on the chemical and the tests, sampling, and analytical generator for a particular month, as physical properties of the chemicals methods used to demonstrate the defined in § 260.10 of this chapter. used or produced by the process or validity and relevance of such tests; (a) Generators of either acute otherwise contained in the waste; records consulted in order to determine hazardous waste or non-acute testing that illustrates the properties of the process by which the waste was hazardous waste. A generator who the waste; or other reliable and relevant generated, the composition of the waste, either generates acute hazardous waste information about the properties of the and the properties of the waste; and or non-acute hazardous waste in a waste or its constituents. A test other records which explain the knowledge calendar month shall determine its than a test method set forth in subpart basis for the generator’s determination, generator category for that month by C of 40 CFR part 261, or an equivalent as described at paragraph (d)(1) of this doing the following: test method approved by the section. The periods of record retention Administrator under 40 CFR 260.21, referred to in this section are extended (1) Counting the total amount of may be used as part of a person’s automatically during the course of any hazardous waste generated in the knowledge to determine whether a solid unresolved enforcement action calendar month; waste exhibits a characteristic of regarding the regulated activity or as (2) Subtracting from the total any hazardous waste. However, such tests requested by the Administrator. amounts of waste exempt from counting do not, by themselves, provide (g) Identifying hazardous waste as described in paragraphs (c) and (d) of definitive results. Persons testing their numbers for small and large quantity this section; and waste must obtain a representative generators. If the waste is determined to (3) Determining the resulting sample of the waste for the testing, as be hazardous, small quantity generators generator category for the hazardous defined at 40 CFR 260.10. and large quantity generators must waste generated using Table 1 of this (2) When available knowledge is identify all applicable EPA hazardous section. inadequate to make an accurate waste numbers (EPA hazardous waste (b) Generators of both acute and non- determination, the person must test the codes) in subparts C and D of part 261 waste according to the applicable acute hazardous wastes. A generator of this chapter. Prior to shipping the who generates both acute hazardous methods set forth in subpart C of 40 CFR waste off site, the generator also must part 261 or according to an equivalent waste and non-acute hazardous waste in mark its containers with all applicable the same calendar month shall method approved by the Administrator EPA hazardous waste numbers (EPA under 40 CFR 260.21 and in accordance determine its generator category for that hazardous waste codes) according to month by doing the following: with the following: § 262.32. (i) Persons testing their waste must (1) Counting separately the total obtain a representative sample of the § 262.12 [Removed and reserved] amount of acute hazardous waste and waste for the testing, as defined at 40 ■ 26. Remove and reserve § 262.12. the total amount of non-acute hazardous CFR 260.10. ■ 27. Subpart A of part 262 is amended waste generated in the calendar month; (ii) Where a test method is specified by adding §§ 262.13 through 262.18 to (2) Subtracting from each total any in subpart C of 40 CFR part 261, the read as follows: amounts of waste exempt from counting results of the regulatory test, when Subpart A—General as described in paragraphs (c) and (d) of properly performed, are definitive for this section; determining the regulatory status of the * * * * * (3) Determining separately the waste. Sec. (e) If the waste is determined to be resulting generator categories for the 262.13 Generator category determination. quantities of acute and non-acute hazardous, the generator must refer to 262.14 Conditions for exemption for a very parts 261, 264, 265, 266, 267, 268, and small quantity generator. hazardous waste generated using Table 273 of this chapter for other possible 262.15 Satellite accumulation area 1 of this section; and exclusions or restrictions pertaining to regulations for small and large quantity (4) Comparing the resulting generator management of the specific waste. generators. categories from paragraph (b)(3) of this (f) Recordkeeping for small and large 262.16 Conditions for exemption for a small section and applying the more stringent quantity generator that accumulates quantity generators. A small or large hazardous waste. generator category to the accumulation quantity generator must maintain 262.17 Conditions for exemption for a large and management of both non-acute records supporting its hazardous waste quantity generator that accumulates hazardous waste and acute hazardous determinations, including records that hazardous waste. waste generated for that month.
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TABLE 1 TO § 262.13—GENERATOR CATEGORIES BASED ON QUANTITY OF WASTE GENERATED IN A CALENDAR MONTH
Quantity of non-acute hazardous Quantity of residues from a clean- Quantity of acute hazardous waste waste generated in a calendar up of acute hazardous waste gen- Generator category generated in a calendar month month erated in a calendar month
> 1 kg ...... Any amount ...... Any amount ...... Large quantity generator. Any amount ...... ≥ 1,000 kg ...... Any amount ...... Large quantity generator. Any amount ...... Any amount ...... > 100 kg ...... Large quantity generator. ≤ 1 kg ...... > 100 kg and < 1,000 kg ...... ≤ 100 kg ...... Small quantity generator. ≤ 1 kg ...... ≤ 100 kg ...... ≤ 100 kg ...... Very small quantity generator.
(c) When making the monthly such spent materials have been 279. Any material produced from such quantity-based determinations required previously counted once. a mixture by processing, blending, or by this part, the generator must include (e) Based on the generator category as other treatment is also regulated under all hazardous waste that it generates, determined under this section, the 40 CFR part 279. except hazardous waste that: generator must meet the applicable (2) Small quantity generator and large (1) Is exempt from regulation under independent requirements listed in quantity generator wastes. (i) Hazardous 40 CFR 261.4(c) through (f), 261.6(a)(3), § 262.10. A generator’s category also wastes generated by a small quantity 261.7(a)(1), or 261.8; determines which of the provisions of generator or large quantity generator (2) Is managed immediately upon §§ 262.14, 262.15, 262.16 or 262.17 must may be mixed with solid waste. These generation only in on-site elementary be met to obtain an exemption from the mixtures are subject to the following: neutralization units, wastewater storage facility permit, interim status, the mixture rule in §§ 261.3(a)(2)(iv), treatment units, or totally enclosed and operating requirements when (b)(2) and (3), and (g)(2)(i); the treatment facilities as defined in 40 CFR accumulating hazardous waste. prohibition of dilution rule at § 268.3(a); 260.10; (f) Mixing hazardous wastes with the land disposal restriction (3) Is recycled, without prior storage solid wastes—(1) Very small quantity requirements of § 268.40 if a or accumulation, only in an on-site generator wastes. (i) Hazardous wastes characteristic hazardous waste is mixed process subject to regulation under 40 generated by a very small quantity with a solid waste so that it no longer CFR 261.6(c)(2); generator may be mixed with solid exhibits the hazardous characteristic; (4) Is used oil managed under the wastes. Very small quantity generators and the hazardous waste determination requirements of 40 CFR 261.6(a)(4) and may mix a portion or all of its hazardous requirement at § 262.11. 40 CFR part 279; waste with solid waste and remain (ii) If the resulting mixture is found to (5) Is spent lead-acid batteries subject to § 262.14 even though the be a hazardous waste, this resultant managed under the requirements of 40 resultant mixture exceeds the quantity mixture is a newly-generated hazardous CFR part 266 subpart G; limits identified in the definition of very waste. A small quantity generator must (6) Is universal waste managed under small quantity generator at § 260.10 of count both the resultant mixture amount 40 CFR 261.9 and 40 CFR part 273; this chapter, unless the mixture exhibits plus the other hazardous waste (7) Is a hazardous waste that is an one or more of the characteristics of generated in the calendar month to unused commercial chemical product hazardous waste identified in part 261 determine whether the total quantity (listed in 40 CFR part 261 subpart D or subpart C of this chapter. exceeds the small quantity generator exhibiting one or more characteristics in (ii) If the resulting mixture exhibits a calendar monthly quantity limits 40 CFR part 261 subpart C) that is characteristic of hazardous waste, this identified in the definition of generator generated solely as a result of a resultant mixture is a newly-generated categories found in § 260.10 of this laboratory clean-out conducted at an hazardous waste. The very small chapter. If so, to remain exempt from eligible academic entity pursuant to quantity generator must count both the the permitting, interim status, and § 262.213. For purposes of this resultant mixture amount plus the other operating standards, the small quantity provision, the term eligible academic hazardous waste generated in the generator must meet the conditions for entity shall have the meaning as defined calendar month to determine whether exemption applicable to a large quantity in § 262.200; or the total quantity exceeds the very small generator. The small quantity generator (8) Is managed as part of an episodic quantity generator calendar month must also comply with the applicable event in compliance with the conditions quantity limits identified in the independent requirements for a large of subpart L of this part. definition of generator categories found quantity generator. (d) In determining the quantity of in § 260.10 of this chapter. If so, to hazardous waste generated in a calendar remain exempt from the permitting, § 262.14 Conditions for exemption for a month, a generator need not include: interim status, and operating standards, very small quantity generator. (1) Hazardous waste when it is the very small quantity generator must (a) Provided that the very small removed from on-site accumulation, so meet the conditions for exemption quantity generator meets all the long as the hazardous waste was applicable to either a small quantity conditions for exemption listed in this previously counted once; generator or a large quantity generator. section, hazardous waste generated by (2) Hazardous waste generated by on- The very small quantity generator must the very small quantity generator is not site treatment (including reclamation) of also comply with the applicable subject to the requirements of parts 124, the generator’s hazardous waste, so long independent requirements for either a 262 (except §§ 262.10–262.14) through as the hazardous waste that is treated small quantity generator or a large 268, and 270 of this chapter, and the was previously counted once; and quantity generator. notification requirements of section (3) Hazardous waste spent materials (iii) If a very small quantity 3010 of RCRA and the very small that are generated, reclaimed, and generator’s wastes are mixed with used quantity generator may accumulate subsequently reused on site, so long as oil, the mixture is subject to 40 CFR part hazardous waste on site without
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complying with such requirements. The a non-municipal non-hazardous waste § 262.15 Satellite accumulation area conditions for exemption are as follows: disposal unit, is subject to the regulations for small and large quantity (1) In a calendar month the very small requirements in §§ 257.5 through 257.30 generators. quantity generator generates less than or of this chapter; (a) A generator may accumulate as equal to the amounts specified in the (vi) A facility which: much as 55 gallons of non-acute definition of ‘‘very small quantity hazardous waste and/or either one quart (A) Beneficially uses or reuses, or generator’’ in § 260.10 of this chapter; of liquid acute hazardous waste listed in legitimately recycles or reclaims its (2) The very small quantity generator § 261.31 or § 261.33(e) of this chapter or waste; or complies with § 262.11(a) through (d); 1 kg (2.2 lbs) of solid acute hazardous (3) If the very small quantity generator (B) Treats its waste prior to beneficial waste listed in § 261.31 or § 261.33(e) of accumulates at any time greater than 1 use or reuse, or legitimate recycling or this chapter in containers at or near any kilogram (2.2 lbs) of acute hazardous reclamation; point of generation where wastes waste or 100 kilograms (220 lbs) of any (vii) For universal waste managed initially accumulate which is under the residue or contaminated soil, water, or under part 273 of this chapter, a control of the operator of the process other debris resulting from the cleanup universal waste handler or destination generating the waste, without a permit of a spill, into or on any land or water, facility subject to the requirements of or interim status and without complying of any acute hazardous waste listed in part 273 of this chapter; with the requirements of parts 124, 264 §§ 261.31 or 261.33(e) of this chapter, all through 267, and 270 of this chapter, quantities of that acute hazardous waste (viii) A large quantity generator under the control of the same person as the provided that all of the conditions for are subject to the following additional exemption in this section are met. A conditions for exemption: very small quantity generator, provided the following conditions are met: generator may comply with the (i) Such waste is held on site for no conditions for exemption in this section more than 90 days beginning on the date (A) The very small quantity generator instead of complying with the when the accumulated wastes exceed and the large quantity generator are conditions for exemption in § 262.16(b) the amounts provided above; and under the control of the same person as or § 262.17(a), except as required in (ii) The conditions for exemption in defined in § 260.10 of this chapter. § 262.15(a)(7) and (8). The conditions § 262.17(a) through (g). ‘‘Control,’’ for the purposes of this for exemption for satellite accumulation (4) If the very small quantity generator section, means the power to direct the are: accumulates at any time 1,000 kilograms policies of the generator, whether by the (1) If a container holding hazardous (2,200 lbs) or greater of non-acute ownership of stock, voting rights, or waste is not in good condition, or if it hazardous waste, all quantities of that otherwise, except that contractors who begins to leak, the generator must hazardous waste are subject to the operate generator facilities on behalf of immediately transfer the hazardous following additional conditions for a different person as defined in § 260.10 waste from this container to a container exemption: of this chapter shall not be deemed to that is in good condition and does not (i) Such waste is held on site for no ‘‘control’’ such generators. leak, or immediately transfer and more than 180 days, or 270 days, if (B) The very small quantity generator applicable, beginning on the date when manage the waste in a central marks its container(s) of hazardous accumulation area operated in the accumulated waste exceed the waste with: amounts provided above; compliance with § 262.16(b) or (ii) The quantity of waste (1) The words ‘‘Hazardous Waste’’ § 262.17(a). accumulated on site never exceeds and (2) The generator must use a container 6,000 kilograms (13,200 lbs); and (2) An indication of the hazards of the made of or lined with materials that will (iii) The conditions for exemption in contents (examples include, but are not not react with, and are otherwise § 262.16(b)(2) through (f). limited to, the applicable hazardous compatible with, the hazardous waste to (5) A very small quantity generator waste characteristic(s) (i.e., ignitable, be accumulated, so that the ability of the that accumulates hazardous waste in corrosive, reactive, toxic); hazard container to contain the waste is not amounts less than or equal to the limits communication consistent with the impaired. in paragraphs (a)(3) and (4) of this Department of Transportation (3) Special standards for incompatible section must either treat or dispose of its requirements at 49 CFR part 172 subpart wastes. hazardous waste in an on-site facility or E (labeling) or subpart F (placarding); a (i) Incompatible wastes, or ensure delivery to an off-site treatment, hazard statement or pictogram incompatible wastes and materials, (see storage, or disposal facility, either of consistent with the Occupational Safety appendix V of part 265 for examples) which, if located in the U.S., is: and Health Administration Hazard must not be placed in the same (i) Permitted under part 270 of this Communication Standard at 29 CFR container, unless § 265.17(b) of this chapter; 1910.1200; or a chemical hazard label chapter is complied with. (ii) In interim status under parts 265 consistent with the National Fire (ii) Hazardous waste must not be and 270 of this chapter; Protection Association code 704). (iii) Authorized to manage hazardous placed in an unwashed container that waste by a state with a hazardous waste (b) The placement of bulk or non- previously held an incompatible waste management program approved under containerized liquid hazardous waste or or material (see appendix V of part 265 part 271 of this chapter; hazardous waste containing free liquids for examples), unless § 265.17(b) of this (iv) Permitted, licensed, or registered (whether or not sorbents have been chapter is complied with. by a state to manage municipal solid added) in any landfill is prohibited. (iii) A container holding a hazardous waste and, if managed in a municipal (c) A very small quantity generator waste that is incompatible with any solid waste landfill is subject to part 258 experiencing an episodic event may waste or other materials accumulated of this chapter; generate and accumulate hazardous nearby in other containers must be (v) Permitted, licensed, or registered waste in accordance with subpart L of separated from the other materials or by a state to manage non-municipal this part in lieu of §§ 262.15, 262.16, protected from them by any practical non-hazardous waste and, if managed in and 262.17. means.
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(4) A container holding hazardous must meet the Preparedness, Prevention containers caused by corrosion or other waste must be closed at all times during and Emergency Procedures in subpart M factors. See paragraph (b)(2)(i) of this accumulation, except: of this part. section for remedial action required if (i) When adding, removing, or (b) [Reserved] deterioration or leaks are detected. consolidating waste; or (v) Special conditions for (ii) When temporary venting of a § 262.16 Conditions for exemption for a accumulation of incompatible wastes. small quantity generator that accumulates container is necessary hazardous waste. (A) Incompatible wastes, or (A) For the proper operation of incompatible wastes and materials, (see equipment, or A small quantity generator may appendix V of part 265 for examples) (B) To prevent dangerous situations, accumulate hazardous waste on site must not be placed in the same such as build-up of extreme pressure. without a permit or interim status, and container, unless § 265.17(b) of this (5) A generator must mark or label its without complying with the chapter is complied with. container with the following: requirements of parts 124, 264 through (B) Hazardous waste must not be (i) The words ‘‘Hazardous Waste’’ and 267, and 270 of this chapter, or the placed in an unwashed container that (ii) An indication of the hazards of the notification requirements of section previously held an incompatible waste contents (examples include, but are not 3010 of RCRA, provided that all the or material (see appendix V of part 265 limited to, the applicable hazardous conditions for exemption listed in this for examples), unless § 265.17(b) of this waste characteristic(s) (i.e., ignitable, section are met: chapter is complied with. corrosive, reactive, toxic); hazard (a) Generation. The generator (C) A container accumulating communication consistent with the generates in a calendar month no more hazardous waste that is incompatible Department of Transportation than the amounts specified in the with any waste or other materials requirements at 49 CFR part 172 subpart definition of ‘‘small quantity generator’’ accumulated or stored nearby in other E (labeling) or subpart F (placarding); a in § 260.10 of this chapter. containers, piles, open tanks, or surface hazard statement or pictogram (b) Accumulation. The generator impoundments must be separated from consistent with the Occupational Safety accumulates hazardous waste on site for the other materials or protected from and Health Administration Hazard no more than 180 days, unless in them by means of a dike, berm, wall, or Communication Standard at 29 CFR compliance with the conditions for other device. 1910.1200; or a chemical hazard label exemption for longer accumulation in (3) Accumulation of hazardous waste consistent with the National Fire paragraphs (d) and (e) of this section. in tanks. Protection Association code 704). The following accumulation conditions (i) [Reserved] (6) A generator who accumulates also apply: (ii) A small quantity generator of either acute hazardous waste listed in (1) Accumulation limit. The quantity hazardous waste must comply with the § 261.31 or § 261.33(e) of this chapter or of hazardous waste accumulated on site following general operating conditions: non-acute hazardous waste in excess of never exceeds 6,000 kilograms (13,200 (A) Treatment or accumulation of the amounts listed in paragraph (a) of pounds); hazardous waste in tanks must comply this section at or near any point of (2) Accumulation of hazardous waste with § 265.17(b) of this chapter. generation must do the following: in containers—(i) Condition of (B) Hazardous wastes or treatment (i) Comply within three consecutive containers. If a container holding reagents must not be placed in a tank if calendar days with the applicable hazardous waste is not in good they could cause the tank or its inner central accumulation area regulations in condition, or if it begins to leak, the liner to rupture, leak, corrode, or § 262.16(b) or § 262.17(a), or small quantity generator must otherwise fail before the end of its (ii) Remove the excess from the immediately transfer the hazardous intended life. satellite accumulation area within three waste from this container to a container (C) Uncovered tanks must be operated consecutive calendar days to either: that is in good condition, or to ensure at least 60 centimeters (2 feet) (A) A central accumulation area immediately manage the waste in some of freeboard, unless the tank is equipped operated in accordance with the other way that complies with the with a containment structure (e.g., dike applicable regulations in § 262.16(b) or conditions for exemption of this section. or trench), a drainage control system, or § 262.17(a); (ii) Compatibility of waste with a diversion structure (e.g., standby tank) (B) An on-site interim status or container. The small quantity generator with a capacity that equals or exceeds permitted treatment, storage, or disposal must use a container made of or lined the volume of the top 60 centimeters (2 facility, or with materials that will not react with, feet) of the tank. (C) An off-site designated facility; and and are otherwise compatible with, the (D) Where hazardous waste is (iii) During the three-consecutive- hazardous waste to be accumulated, so continuously fed into a tank, the tank calendar-day period the generator must that the ability of the container to must be equipped with a means to stop continue to comply with paragraphs contain the waste is not impaired. this inflow (e.g., waste feed cutoff (a)(1) through (5) of this section. The (iii) Management of containers. (A) A system or by-pass system to a stand-by generator must mark or label the container holding hazardous waste must tank). container(s) holding the excess always be closed during accumulation, (iii) Except as noted in paragraph accumulation of hazardous waste with except when it is necessary to add or (b)(3)(iv) of this section, a small quantity the date the excess amount began remove waste. generator that accumulates hazardous accumulating. (B) A container holding hazardous waste in tanks must inspect, where (7) All satellite accumulation areas waste must not be opened, handled, or present: operated by a small quantity generator accumulated in a manner that may (A) Discharge control equipment (e.g., must meet the preparedness and rupture the container or cause it to leak. waste feed cutoff systems, by-pass prevention regulations of § 262.16(b)(8) (iv) Inspections. At least weekly, the systems, and drainage systems) at least and emergency procedures at small quantity generator must inspect once each operating day, to ensure that § 262.16(b)(9). central accumulation areas. The small it is in good working order; (8) All satellite accumulation areas quantity generator must look for leaking (B) Data gathered from monitoring operated by a large quantity generator containers and for deterioration of equipment (e.g., pressure and
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temperature gauges) at least once each material no longer meets the definition placed in containment buildings, the operating day to ensure that the tank is of ignitable or reactive waste under small quantity generator must comply being operated according to its design; § 261.21 or § 261.23 of this chapter and with of 40 CFR part 265 subpart DD. (C) The level of waste in the tank at § 265.17(b) of this chapter is complied The generator must label its least once each operating day to ensure with; or containment buildings with the words compliance with paragraph (b)(3)(ii)(C) (2) The waste is accumulated or ‘‘Hazardous Waste’’ in a conspicuous of this section; treated in such a way that it is protected place easily visible to employees, (D) The construction materials of the from any material or conditions that visitors, emergency responders, waste tank at least weekly to detect corrosion may cause the waste to ignite or react; handlers, or other persons on site and or leaking of fixtures or seams; and or also in a conspicuous place provide an (E) The construction materials of, and (3) The tank is used solely for indication of the hazards of the contents the area immediately surrounding, emergencies. (examples include, but are not limited discharge confinement structures (e.g., (B) A small quantity generator which to, the applicable hazardous waste dikes) at least weekly to detect erosion treats or accumulates ignitable or characteristic(s) (i.e., ignitable, or obvious signs of leakage (e.g., wet reactive waste in covered tanks must corrosive, reactive, toxic); hazard spots or dead vegetation). The generator comply with the buffer zone communication consistent with the must remedy any deterioration or requirements for tanks contained in Department of Transportation malfunction of equipment or structures Tables 2–1 through 2–6 of the National requirements at 49 CFR part 172 subpart which the inspection reveals on a Fire Protection Association’s E (labeling) or subpart F (placarding); a schedule which ensures that the ‘‘Flammable and Combustible Liquids hazard statement or pictogram problem does not lead to an Code’’ (1977 or 1981) (incorporated by consistent with the Occupational Safety environmental or human health hazard. reference, see § 260.11). and Health Administration Hazard Where a hazard is imminent or has (C) A small quantity generator must Communication Standard at 29 CFR already occurred, remedial action must comply with the following special 1910.1200; or a chemical hazard label be taken immediately. conditions for incompatible wastes: consistent with the National Fire (iv) A small quantity generator (1) Incompatible wastes, or Protection Association code 704).The accumulating hazardous waste in tanks incompatible wastes and materials, (see generator must also maintain: or tank systems that have full secondary part 265 appendix V for examples) must (i) The professional engineer containment and that either use leak not be placed in the same tank, unless certification that the building complies detection equipment to alert personnel § 265.17(b) of this chapter is complied with the design standards specified in to leaks, or implement established with. 40 CFR 265.1101. This certification workplace practices to ensure leaks are (2) Hazardous waste must not be must be in the generator’s files prior to promptly identified, must inspect at placed in an unwashed tank that operation of the unit; and least weekly, where applicable, the previously held an incompatible waste (ii) The following records by use of areas identified in paragraphs or material, unless § 265.17(b) of this inventory logs, monitoring equipment, (b)(3)(iii)(A) through (E) of this section. chapter is complied with. or any other effective means: Use of the alternate inspection schedule (4) Accumulation of hazardous waste (A) A written description of must be documented in the generator’s on drip pads. If the waste is placed on procedures to ensure that each waste operating record. This documentation drip pads, the small quantity generator volume remains in the unit for no more must include a description of the must comply with the following: than 90 days, a written description of established workplace practices at the (i) Subpart W of 40 CFR part 265 the waste generation and management generator. (except § 265.445 (c)); practices for the facility showing that (v) [Reserved] (ii) The small quantity generator must the generator is consistent with (vi) A small quantity generator remove all wastes from the drip pad at maintaining the 90 day limit, and accumulating hazardous waste in tanks least once every 90 days. Any hazardous documentation that the procedures are must, upon closure of the facility, wastes that are removed from the drip complied with; or remove all hazardous waste from tanks, pad at least once every 90 days are then (B) Documentation that the unit is discharge control equipment, and subject to the 180-day accumulation emptied at least once every 90 days. discharge confinement structures. At limit in paragraph (b) of this section and (C) Inventory logs or records with the closure, as throughout the operating § 262.15 if hazardous wastes are being above information must be maintained period, unless the small quantity managed in satellite accumulation areas on site and readily available for generator can demonstrate, in prior to being moved to the central inspection. accordance with § 261.3(c) or (d) of this accumulation area; and (6) Labeling and marking of chapter, that any solid waste removed (iii) The small quantity generator containers and tanks—. (i) Containers. from its tank is not a hazardous waste, must maintain on site at the facility the A small quantity generator must mark or then it must manage such waste in following records readily available for label its containers with the following: accordance with all applicable inspection: (A) The words ‘‘Hazardous Waste’’; provisions of parts 262, 263, 265 and (A) A written description of (B) An indication of the hazards of the 268 of this chapter. procedures that are followed to ensure contents (examples include, but are not (vii) A small quantity generator must that all wastes are removed from the limited to, the applicable hazardous comply with the following special drip pad and associated collection waste characteristic(s) (i.e., ignitable, conditions for accumulation of ignitable system at least once every 90 days; and corrosive, reactive, toxic); hazard or reactive waste: (B) Documentation of each waste communication consistent with the (A) Ignitable or reactive waste must removal, including the quantity of waste Department of Transportation not be placed in a tank, unless: removed from the drip pad and the requirements at 49 CFR part 172 subpart (1) The waste is treated, rendered, or sump or collection system and the date E (labeling) or subpart F (placarding); a mixed before or immediately after and time of removal. hazard statement or pictogram placement in a tank so that the resulting (5) Accumulation of hazardous waste consistent with the Occupational Safety waste, mixture, or dissolution of in containment buildings. If the waste is and Health Administration Hazard
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Communication Standard at 29 CFR a particular kind of equipment specified (vi) Arrangements with local 1910.1200; or a chemical hazard label below). A small quantity generator may authorities. (A) The small quantity consistent with the National Fire determine the most appropriate generator must attempt to make Protection Association code 704); and locations to locate equipment necessary arrangements with the local police (C) The date upon which each period to prepare for and respond to department, fire department, other of accumulation begins clearly visible emergencies. emergency response teams, emergency for inspection on each container. (A) An internal communications or response contractors, equipment (ii) Tanks. A small quantity generator alarm system capable of providing suppliers and local hospitals, taking accumulating hazardous waste in tanks immediate emergency instruction (voice into account the types and quantities of must do the following: or signal) to facility personnel; hazardous wastes handled at the (A) Mark or label its tanks with the (B) A device, such as a telephone facility. Arrangements may be made words ‘‘Hazardous Waste’’; (immediately available at the scene of with the Local Emergency Planning (B) Mark or label its tanks with an operations) or a hand-held two-way Committee, if it is determined to be the indication of the hazards of the contents radio, capable of summoning emergency appropriate organization with which to (examples include, but are not limited assistance from local police make arrangements. to, the applicable hazardous waste departments, fire departments, or State (1) A small quantity generator characteristic(s) (i.e., ignitable, or local emergency response teams; attempting to make arrangements with corrosive, reactive, toxic); hazard (C) Portable fire extinguishers, fire its local fire department must determine communication consistent with the control equipment (including special the potential need for the services of the Department of Transportation extinguishing equipment, such as that local police department, other requirements at 49 CFR part 172 subpart using foam, inert gas, or dry chemicals), emergency response teams, emergency E (labeling) or subpart F (placarding); a spill control equipment, and response contractors, equipment hazard statement or pictogram decontamination equipment; and suppliers and local hospitals. consistent with the Occupational Safety (2) As part of this coordination, the (D) Water at adequate volume and and Health Administration Hazard small quantity generator shall attempt to pressure to supply water hose streams, Communication Standard at 29 CFR make arrangements, as necessary, to or foam producing equipment, or 1910.1200; or a chemical hazard label familiarize the above organizations with automatic sprinklers, or water spray consistent with the National Fire the layout of the facility, the properties systems. Protection Association code 704); of hazardous waste handled at the (C) Use inventory logs, monitoring (iii) Testing and maintenance of facility and associated hazards, places equipment, or other records to equipment. All communications or where facility personnel would demonstrate that hazardous waste has alarm systems, fire protection normally be working, entrances to roads been emptied within 180 days of first equipment, spill control equipment, and inside the facility, and possible entering the tank if using a batch decontamination equipment, where evacuation routes as well as the types of process, or in the case of a tank with a required, must be tested and maintained injuries or illnesses that could result continuous flow process, demonstrate as necessary to assure its proper from fires, explosions, or releases at the that estimated volumes of hazardous operation in time of emergency. facility. waste entering the tank daily exit the (iv) Access to communications or (3) Where more than one police or fire tank within 180 days of first entering; alarm system. (A) Whenever hazardous department might respond to an and waste is being poured, mixed, spread, or emergency, the small quantity generator (D) Keep inventory logs or records otherwise handled, all personnel shall attempt to make arrangements with the above information on site and involved in the operation must have designating primary emergency readily available for inspection. immediate access (e.g., direct or authority to a specific fire or police (7) Land disposal restrictions. A small unimpeded access) to an internal alarm department, and arrangements with any quantity generator must comply with all or emergency communication device, others to provide support to the primary the applicable requirements under 40 either directly or through visual or voice emergency authority. CFR part 268. contact with another employee, unless (B) A small quantity generator shall (8) Preparedness and prevention—(i) such a device is not required under maintain records documenting the Maintenance and operation of facility. paragraph (a)(8)(ii) of this section. arrangements with the local fire A small quantity generator must (B) In the event there is just one department as well as any other maintain and operate its facility to employee on the premises while the organization necessary to respond to an minimize the possibility of a fire, facility is operating, the employee must emergency. This documentation must explosion, or any unplanned sudden or have immediate access (e.g., direct or include documentation in the operating non-sudden release of hazardous waste unimpeded access) to a device, such as record that either confirms such or hazardous waste constituents to air, a telephone (immediately available at arrangements actively exist or, in cases soil, or surface water which could the scene of operation) or a hand-held where no arrangements exist, confirms threaten human health or the two-way radio, capable of summoning that attempts to make such environment. external emergency assistance, unless arrangements were made. (ii) Required equipment. All areas such a device is not required under (C) A facility possessing 24-hour where hazardous waste is either paragraph (a)(8)(ii) of this section. response capabilities may seek a waiver generated or accumulated must be (v) Required aisle space. The small from the authority having jurisdiction equipped with the items in paragraphs quantity generator must maintain aisle (AHJ) over the fire code within the (b)(8)(ii)(A) through (D) of this section space to allow the unobstructed facility’s state or locality as far as (unless none of the hazards posed by movement of personnel, fire protection needing to make arrangements with the waste handled at the facility could equipment, spill control equipment, and local fire department as well as any require a particular kind of equipment decontamination equipment to any area other organization necessary to respond specified below or the actual waste of facility operation in an emergency, to an emergency, provided that the generation or accumulation area does unless aisle space is not needed for any waiver is documented in the operating not lend itself for safety reasons to have of these purposes. record.
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(9) Emergency procedures. The small (3) Quantity and type of hazardous requirements of parts 124, 264 through quantity generator complies with the waste involved in the incident; 267, and 270 of this chapter, or the following conditions for those areas of (4) Extent of injuries, if any; and notification requirements of section the generator facility where hazardous (5) Estimated quantity and disposition 3010 of RCRA, provided that all of the waste is generated and accumulated: of recovered materials, if any. following conditions for exemption are (i) At all times there must be at least (c) Transporting over 200 miles. A met: one employee either on the premises or small quantity generator who must (a) Accumulation. A large quantity on call (i.e., available to respond to an transport its waste, or offer its waste for generator accumulates hazardous waste emergency by reaching the facility transportation, over a distance of 200 on site for no more than 90 days, unless within a short period of time) with the miles or more for off-site treatment, in compliance with the accumulation responsibility for coordinating all storage or disposal may accumulate time limit extension or F006 emergency response measures specified hazardous waste on site for 270 days or accumulation conditions for exemption in paragraph (b)(9)(iv) of this section. less without a permit or without having in paragraphs (b) through (e) of this This employee is the emergency interim status provided that the section. The following accumulation coordinator. generator complies with the conditions conditions also apply: (ii) The small quantity generator must of paragraph (b) of this section. (1) Accumulation of hazardous waste post the following information next to (d) Accumulation time limit in containers. If the hazardous waste is telephones or in areas directly involved extension. A small quantity generator placed in containers, the large quantity in the generation and accumulation of who accumulates hazardous waste for generator must comply with the hazardous waste: more than 180 days (or for more than following: (A) The name and emergency 270 days if it must transport its waste, (i) Air emission standards. The telephone number of the emergency or offer its waste for transportation, over applicable requirements of subparts AA, coordinator; a distance of 200 miles or more) is BB, and CC of 40 CFR part 265; (B) Location of fire extinguishers and subject to the requirements of 40 CFR (ii) Condition of containers. If a spill control material, and, if present, parts 264, 265, 267, 268, and 270 of this container holding hazardous waste is fire alarm; and chapter unless it has been granted an not in good condition, or if it begins to (C) The telephone number of the fire extension to the 180-day (or 270-day if leak, the large quantity generator must department, unless the facility has a applicable) period. Such extension may immediately transfer the hazardous direct alarm. be granted by EPA if hazardous wastes waste from this container to a container (iii) The small quantity generator must remain on site for longer than 180 that is in good condition, or must ensure that all employees are days (or 270 days if applicable) due to immediately manage the waste in some thoroughly familiar with proper waste unforeseen, temporary, and other way that complies with the handling and emergency procedures, uncontrollable circumstances. An conditions for exemption of this section; relevant to their responsibilities during extension of up to 30 days may be (iii) Compatibility of waste with normal facility operations and granted at the discretion of the Regional container. The large quantity generator emergencies; Administrator on a case-by-case basis. must use a container made of or lined (iv) The emergency coordinator or his (e) Rejected load. A small quantity with materials that will not react with, designee must respond to any generator who sends a shipment of and are otherwise compatible with, the emergencies that arise. The applicable hazardous waste to a designated facility hazardous waste to be stored, so that the responses are as follows: with the understanding that the ability of the container to contain the (A) In the event of a fire, call the fire designated facility can accept and waste is not impaired; department or attempt to extinguish it manage the waste and later receives that (iv) Management of containers. (A) A using a fire extinguisher; shipment back as a rejected load or container holding hazardous waste must (B) In the event of a spill, the small residue in accordance with the manifest always be closed during accumulation, quantity generator is responsible for discrepancy provisions of § 264.72 or except when it is necessary to add or containing the flow of hazardous waste § 265.72 of this chapter may accumulate remove waste. to the extent possible, and as soon as is the returned waste on site in accordance (B) A container holding hazardous practicable, cleaning up the hazardous with paragraphs (a)–(d) of this section. waste must not be opened, handled, or waste and any contaminated materials Upon receipt of the returned shipment, stored in a manner that may rupture the or soil. Such containment and cleanup the generator must: container or cause it to leak. can be conducted either by the small (1) Sign Item 18c of the manifest, if (v) Inspections. At least weekly, the quantity generator or by a contractor on the transporter returned the shipment large quantity generator must inspect behalf of the small quantity generator; using the original manifest; or central accumulation areas. The large (C) In the event of a fire, explosion, (2) Sign Item 20 of the manifest, if the quantity generator must look for leaking or other release that could threaten transporter returned the shipment using containers and for deterioration of human health outside the facility or a new manifest. containers caused by corrosion or other when the small quantity generator has (f) A small quantity generator factors. See paragraph (a)(1)(ii) of this knowledge that a spill has reached experiencing an episodic event may section for remedial action required if surface water, the small quantity accumulate hazardous waste in deterioration or leaks are detected. generator must immediately notify the accordance with subpart L of this part (vi) Special conditions for National Response Center (using their in lieu of § 262.17. accumulation of ignitable and reactive 24-hour toll free number 800/424–8802). wastes. (A) Containers holding ignitable The report must include the following § 262.17 Conditions for exemption for a or reactive waste must be located at information: large quantity generator that accumulates least 15 meters (50 feet) from the (1) The name, address, and U.S. EPA hazardous waste. facility’s property line unless a written identification number of the small A large quantity generator may approval is obtained from the authority quantity generator; accumulate hazardous waste on site having jurisdiction over the local fire (2) Date, time, and type of incident without a permit or interim status, and code allowing hazardous waste (e.g., spill or fire); without complying with the accumulation to occur within this
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restricted area. A record of the written this section and § 262.15, if the (C) Inventory logs or records with the approval must be maintained as long as hazardous wastes are being managed in above information must be maintained ignitable or reactive hazardous waste is satellite accumulation areas prior to on site and readily available for accumulated in this area. being moved to a central accumulation inspection. (B) The large quantity generator must area; and (5) Labeling and marking of take precautions to prevent accidental (iii) The large quantity generator must containers and tanks—(i) Containers. A ignition or reaction of ignitable or maintain on site at the facility the large quantity generator must mark or reactive waste. This waste must be following records readily available for label its containers with the following: separated and protected from sources of inspection: (A) The words ‘‘Hazardous Waste’’; ignition or reaction including but not (A) A written description of (B) An indication of the hazards of the limited to the following: Open flames, procedures that are followed to ensure contents (examples include, but are not smoking, cutting and welding, hot that all wastes are removed from the limited to, the applicable hazardous surfaces, frictional heat, sparks (static, drip pad and associated collection waste characteristic(s) (i.e., ignitable, electrical, or mechanical), spontaneous system at least once every 90 days; and corrosive, reactive, toxic); hazard ignition (e.g., from heat-producing (B) Documentation of each waste communication consistent with the chemical reactions), and radiant heat. removal, including the quantity of waste Department of Transportation While ignitable or reactive waste is removed from the drip pad and the requirements at 49 CFR part 172 subpart being handled, the large quantity sump or collection system and the date E (labeling) or subpart F (placarding); a generator must confine smoking and and time of removal. hazard statement or pictogram (4) Accumulation of hazardous waste open flame to specially designated consistent with the Occupational Safety in containment buildings. If the waste is locations. ‘‘No Smoking’’ signs must be and Health Administration Hazard placed in containment buildings, the conspicuously placed wherever there is Communication Standard at 29 CFR large quantity generator must comply a hazard from ignitable or reactive 1910.1200; or a chemical hazard label with of 40 CFR part 265 subpart DD. waste. consistent with the National Fire The generator must label its (vii) Special conditions for Protection Association code 704); and containment building with the words accumulation of incompatible wastes. (C) The date upon which each period (A) Incompatible wastes, or ‘‘Hazardous Waste’’ in a conspicuous place easily visible to employees, of accumulation begins clearly visible incompatible wastes and materials, (see for inspection on each container. appendix V of part 265 for examples) visitors, emergency responders, waste handlers, or other persons on site, and (ii) Tanks. A large quantity generator must not be placed in the same accumulating hazardous waste in tanks container, unless § 265.17(b) of this also in a conspicuous place provide an indication of the hazards of the contents must do the following: chapter is complied with. (A) Mark or label its tanks with the (B) Hazardous waste must not be (examples include, but are not limited words ‘‘Hazardous Waste’’; placed in an unwashed container that to, the applicable hazardous waste (B) Mark or label its tanks with an previously held an incompatible waste characteristic(s) (i.e., ignitable, indication of the hazards of the contents or material (see appendix V of part 265 corrosive, reactive, toxic); hazard (examples include, but are not limited for examples), unless § 265.17(b) of this communication consistent with the to, the applicable hazardous waste chapter is complied with. Department of Transportation (C) A container holding a hazardous requirements at 49 CFR part 172 subpart characteristic(s) (i.e., ignitable, waste that is incompatible with any E (labeling) or subpart F (placarding); a corrosive, reactive, toxic); hazard waste or other materials accumulated or hazard statement or pictogram communication consistent with the stored nearby in other containers, piles, consistent with the Occupational Safety Department of Transportation open tanks, or surface impoundments and Health Administration Hazard requirements at 49 CFR part 172 subpart must be separated from the other Communication Standard at 29 CFR E (labeling) or subpart F (placarding); a materials or protected from them by 1910.1200; or a chemical hazard label hazard statement or pictogram means of a dike, berm, wall, or other consistent with the National Fire consistent with the Occupational Safety device. Protection Association code 704). The and Health Administration Hazard (2) Accumulation of hazardous waste generator must also maintain: Communication Standard at 29 CFR in tanks. If the waste is placed in tanks, (i) The professional engineer 1910.1200; or a chemical hazard label the large quantity generator must certification that the building complies consistent with the National Fire comply with the applicable with the design standards specified in Protection Association code 704); requirements of subparts J, except 40 CFR 265.1101. This certification (C) Use inventory logs, monitoring § 265.197(c) of Closure and post-closure must be in the generator’s files prior to equipment or other records to care and § 265.200—Waste analysis and operation of the unit; and demonstrate that hazardous waste has trial tests, as well as the applicable (ii) The following records by use of been emptied within 90 days of first requirements of AA, BB, and CC of 40 inventory logs, monitoring equipment, entering the tank if using a batch CFR part 265. or any other effective means: process, or in the case of a tank with a (3) Accumulation of hazardous waste (A) A written description of continuous flow process, demonstrate on drip pads. If the hazardous waste is procedures to ensure that each waste that estimated volumes of hazardous placed on drip pads, the large quantity volume remains in the unit for no more waste entering the tank daily exit the generator must comply with the than 90 days, a written description of tank within 90 days of first entering; following: the waste generation and management and (i) Subpart W of 40 CFR part 265; practices for the facility showing that (D) Keep inventory logs or records (ii) The large quantity generator must the generator is consistent with with the above information on site and remove all wastes from the drip pad at respecting the 90 day limit, and readily available for inspection. least once every 90 days. Any hazardous documentation that the procedures are (6) Emergency procedures. The large wastes that are removed from the drip complied with; or quantity generator complies with the pad are then subject to the 90-day (B) Documentation that the unit is standards in subpart M of this part, accumulation limit in paragraph (a) of emptied at least once every 90 days. Preparedness, Prevention and
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Emergency Procedures for Large (iv) The large quantity generator must 8700–12 no later than 30 days prior to Quantity Generators. maintain the following documents and closing the facility. (7) Personnel training. (i)(A) Facility records at the facility: (B) Notify EPA using form 8700–12 personnel must successfully complete a (A) The job title for each position at within 90 days after closing the facility program of classroom instruction, the facility related to hazardous waste that it has complied with the closure online training (e.g., computer-based or management, and the name of the performance standards of paragraph electronic), or on-the-job training that employee filling each job; (a)(8)(iii) or (iv) of this section. If the teaches them to perform their duties in (B) A written job description for each facility cannot meet the closure a way that ensures compliance with this position listed under paragraph performance standards of paragraph part. The large quantity generator must (a)(7)(iv)(A) of this section. This (a)(8)(iii) or (iv) of this section, notify ensure that this program includes all the description may be consistent in its EPA using form 8700–12 that it will elements described in the document degree of specificity with descriptions close as a landfill under § 265.310 of required under paragraph (a)(7)(iv) of for other similar positions in the same this chapter in the case of a container, this section. company location or bargaining unit, tank or containment building unit(s), or (B) This program must be directed by but must include the requisite skill, for a facility with drip pads, notify using a person trained in hazardous waste education, or other qualifications, and form 8700–12 that it will close under management procedures, and must duties of facility personnel assigned to the standards of § 265.445(b). (C) A large quantity generator may include instruction which teaches each position; request additional time to clean close, facility personnel hazardous waste (C) A written description of the type and amount of both introductory and but it must notify EPA using form 8700– management procedures (including 12 within 75 days after the date contingency plan implementation) continuing training that will be given to each person filling a position listed provided in paragraph (a)(8)(ii)(A) of relevant to the positions in which they this section to request an extension and are employed. under paragraph (a)(7)(iv)(A) of this section; provide an explanation as to why the (C) At a minimum, the training (D) Records that document that the additional time is required. program must be designed to ensure that training or job experience, required (iii) Closure performance standards facility personnel are able to respond under paragraphs (a)(7)(i), (ii), and (iii) for container, tank systems, and effectively to emergencies by of this section, has been given to, and containment building waste familiarizing them with emergency completed by, facility personnel. accumulation units. (A) At closure, the procedures, emergency equipment, and (v) Training records on current generator must close the waste emergency systems, including where personnel must be kept until closure of accumulation unit or facility in a applicable: the facility. Training records on former manner that: (1) Procedures for using, inspecting, employees must be kept for at least (1) Minimizes the need for further repairing, and replacing facility three years from the date the employee maintenance by controlling, emergency and monitoring equipment; last worked at the facility. Personnel minimizing, or eliminating, to the extent (2) Key parameters for automatic training records may accompany necessary to protect human health and waste feed cut-off systems; personnel transferred within the same the environment, the post-closure (3) Communications or alarm systems; company. escape of hazardous waste, hazardous (4) Response to fires or explosions; (8) Closure. A large quantity generator constituents, leachate, contaminated (5) Response to ground-water accumulating hazardous wastes in run-off, or hazardous waste contamination incidents; and containers, tanks, drip pads, and decomposition products to the ground or surface waters or to the atmosphere, (6) Shutdown of operations. containment buildings, prior to closing a unit at the facility, or prior to closing (2) Removes or decontaminates all (D) For facility employees that receive the facility, must meet the following contaminated equipment, structures and emergency response training pursuant conditions: soil and any remaining hazardous waste to Occupational Safety and Health (i) Notification for closure of a waste residues from waste accumulation units Administration regulations 29 CFR accumulation unit. A large quantity including containment system 1910.120(p)(8) and 1910.120(q), the generator must perform one of the components (pads, liners, etc.), large quantity generator is not required following when closing a waste contaminated soils and subsoils, bases, to provide separate emergency response accumulation unit: and structures and equipment training pursuant to this section, (A) Place a notice in the operating contaminated with waste, unless provided that the overall facility record within 30 days after closure § 261.3(d) of this chapter applies. training meets all the conditions of identifying the location of the unit (3) Any hazardous waste generated in exemption in this section. within the facility; or the process of closing either the (ii) Facility personnel must (B) Meet the closure performance generator’s facility or unit(s) successfully complete the program standards of paragraph (a)(8)(iii) of this accumulating hazardous waste must be required in paragraph (a)(7)(i) of this section for container, tank, and managed in accordance with all section within six months after the date containment building waste applicable standards of parts 262, 263, of their employment or assignment to accumulation units or paragraph 265 and 268 of this chapter, including the facility, or to a new position at the (a)(8)(iv) of this section for drip pads removing any hazardous waste facility, whichever is later. Employees and notify EPA following the contained in these units within 90 days must not work in unsupervised procedures in paragraph (a)(8)(ii)(B) of of generating it and managing these positions until they have completed the this section for the waste accumulation wastes in a RCRA Subtitle C hazardous training standards of paragraph (a)(7)(i) unit. If the waste accumulation unit is waste permitted treatment, storage and of this section. subsequently reopened, the generator disposal facility or interim status (iii) Facility personnel must take part may remove the notice from the facility. in an annual review of the initial operating record. (4) If the generator demonstrates that training required in paragraph (a)(7)(i) (ii) Notification for closure of the any contaminated soils and wastes of this section. facility. (A) Notify EPA using form cannot be practicably removed or
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decontaminated as required in otherwise released to the environment 1910.1200; or a chemical hazard label paragraph (a)(8)(ii)(A)(2) of this section, prior to its recycling; consistent with the National Fire then the waste accumulation unit is (2) The F006 waste is legitimately Protection Association code 704). considered to be a landfill and the recycled through metals recovery; (v) The large quantity generator generator must close the waste (3) No more than 20,000 kilograms of complies with the requirements in accumulation unit and perform post- F006 waste is accumulated on site at paragraphs(a)(6) and (7) of this section. closure care in accordance with the any one time; and (d) F006 transported over 200 miles. closure and post-closure care (4) The F006 waste is managed in A large quantity generator who also requirements that apply to landfills accordance with the following: generates wastewater treatment sludges (§ 265.310 of this chapter). In addition, (i)(A) If the F006 waste is placed in from electroplating operations that meet for the purposes of closure, post-closure, containers, the large quantity generator the listing description for the EPA and financial responsibility, such a must comply with the applicable hazardous waste number F006, and who waste accumulation unit is then conditions for exemption in paragraph must transport this waste, or offer this considered to be a landfill, and the (a)(1) of this section; and/or waste for transportation, over a distance generator must meet all of the (B) If the F006 is placed in tanks, the of 200 miles or more for off-site metals requirements for landfills specified in large quantity generator must comply recovery, may accumulate F006 waste subparts G and H of part 265 of this with the applicable conditions for on site for more than 90 days, but not chapter. exemption of paragraph (a)(2) of this more than 270 days without being (iv) Closure performance standards section; and/or subject to parts 124, 264 through 267, for drip pad waste accumulation units. (C) If the F006 is placed in 270, and the notification requirements At closure, the generator must comply containment buildings, the large of section 3010 of RCRA, if the large with the closure requirements of quantity generator must comply with quantity generator complies with all of paragraphs (a)(8)(ii) and (a)(8)(iii)(A)(1) subpart DD of 40 CFR part 265, and has the conditions for exemption of and (3) of this section, and § 265.445(a) placed its professional engineer paragraphs (c)(1) through (4) of this and (b) of this chapter. certification that the building complies section. (v) The closure requirements of with the design standards specified in (e) F006 accumulation time extension. paragraph (a)(8) of this section do not 40 CFR 265.1101 in the facility’s files A large quantity generator accumulating apply to satellite accumulation areas. prior to operation of the unit. The large F006 in accordance with paragraphs (c) (9) Land disposal restrictions. The quantity generator must maintain the and (d) of this section who accumulates large quantity generator complies with following records: F006 waste on site for more than 180 all applicable requirements under 40 (1) A written description of days (or for more than 270 days if the CFR part 268. procedures to ensure that the F006 generator must transport this waste, or (b) Accumulation time limit waste remains in the unit for no more offer this waste for transportation, over extension. A large quantity generator than 180 days, a written description of a distance of 200 miles or more), or who who accumulates hazardous waste for the waste generation and management accumulates more than 20,000 more than 90 days is subject to the practices for the facility showing that kilograms of F006 waste on site is an requirements of 40 CFR parts 124, 264 they are consistent with the 180-day operator of a storage facility and is through 268, and part 270 of this limit, and documentation that the large subject to the requirements of 40 CFR chapter, and the notification quantity generator is complying with parts 124, 264, 265, 267, and 270 of this requirements of section 3010 of RCRA, the procedures; or chapter, and the notification unless it has been granted an extension (2) Documentation that the unit is requirements of section 3010 of RCRA, to the 90-day period. Such extension emptied at least once every 180 days. unless the generator has been granted an may be granted by EPA if hazardous (ii) The large quantity generator is extension to the 180-day (or 270-day if wastes must remain on site for longer exempt from all the requirements in applicable) period or an exception to the than 90 days due to unforeseen, subparts G and H of 40 CFR part 265, 20,000 kilogram accumulation limit. temporary, and uncontrollable except for those referenced in paragraph Such extensions and exceptions may be circumstances. An extension of up to 30 (a)(8) of this section. granted by EPA if F006 waste must days may be granted at the discretion of (iii) The date upon which each period remain on site for longer than 180 days the Regional Administrator on a case- of accumulation begins is clearly (or 270 days if applicable) or if more by-case basis. marked and must be clearly visible for than 20,000 kilograms of F006 waste (c) Accumulation of F006. A large inspection on each container; must remain on site due to unforeseen, quantity generator who also generates (iv) While being accumulated on site, temporary, and uncontrollable wastewater treatment sludges from each container and tank is labeled or circumstances. An extension of up to 30 electroplating operations that meet the marked clearly with: days or an exception to the listing description for the EPA (A) The words ‘‘Hazardous Waste’’; accumulation limit may be granted at hazardous waste number F006, may and the discretion of the Regional accumulate F006 waste on site for more (B) An indication of the hazards of the Administrator on a case-by-case basis. than 90 days, but not more than 180 contents (examples include, but are not (f) Consolidation of hazardous waste days without being subject to parts 124, limited to, the applicable hazardous received from very small quantity 264 through 267 and 270 of this chapter, waste characteristic(s) (i.e., ignitable, generators. Large quantity generators and the notification requirements of corrosive, reactive, toxic); hazard may accumulate on site hazardous section 3010 of RCRA, provided that it communication consistent with the waste received from very small quantity complies with all of the following Department of Transportation generators under control of the same additional conditions for exemption: requirements at 49 CFR part 172 subpart person (as defined in § 260.10 of this (1) The large quantity generator has E (labeling) or subpart F (placarding); a chapter), without a storage permit or implemented pollution prevention hazard statement or pictogram interim status and without complying practices that reduce the amount of any consistent with the Occupational Safety with the requirements of parts 124, 264 hazardous substances, pollutants, or and Health Administration Hazard through 268, and 270 of this chapter, contaminants entering F006 or Communication Standard at 29 CFR and the notification requirements of
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section 3010 of RCRA, provided that discrepancy provisions of § 264.72 or § 262.32 Marking. they comply with the following § 265.72 of this chapter may accumulate * * * * * conditions. ‘‘Control,’’ for the purposes the returned waste on site in accordance (b) Before transporting hazardous of this section, means the power to with paragraphs (a) and (b) of this waste or offering hazardous waste for direct the policies of the generator, section. Upon receipt of the returned transportation off site, a generator must whether by the ownership of stock, shipment, the generator must: mark each container of 119 gallons or voting rights, or otherwise, except that (1) Sign Item 18c of the manifest, if less used in such transportation with contractors who operate generator the transporter returned the shipment the following words and information in facilities on behalf of a different person using the original manifest; or accordance with the requirements of 49 shall not be deemed to ‘‘control’’ such (2) Sign Item 20 of the manifest, if the CFR 172.304: generators. transporter returned the shipment using (1) HAZARDOUS WASTE—Federal (1) The large quantity generator a new manifest. Law Prohibits Improper Disposal. If notifies EPA at least thirty (30) days found, contact the nearest police or prior to receiving the first shipment § 262.18 EPA identification numbers and public safety authority or the U.S. from a very small quantity generator(s) re-notification for small quantity generators and large quantity generators. Environmental Protection Agency. using EPA Form 8700–12; and (2) Generator’s Name and Address (i) Identifies on the form the name(s) (a) A generator must not treat, store, llll. and site address(es) for the very small dispose of, transport, or offer for (3) Generator’s EPA Identification quantity generator(s) as well as the transportation, hazardous waste without Number llll. name and business telephone number having received an EPA identification (4) Manifest Tracking Number for a contact person for the very small number from the Administrator. llll. quantity generator(s); and (b) A generator who has not received (ii) Submits an updated Site ID form (5) EPA Hazardous Waste Number(s) an EPA identification number must llll (EPA Form 8700–12) within 30 days . obtain one by applying to the (c) A generator may use a nationally after a change in the name or site Administrator using EPA Form 8700– address for the very small quantity recognized electronic system, such as 12. Upon receiving the request the bar coding, to identify the EPA generator. Administrator will assign an EPA (2) The large quantity generator Hazardous Waste Number(s), as identification number to the generator. maintains records of shipments for three required by paragraph (b)(5) or (c) A generator must not offer its years from the date the hazardous waste paragraph (d). was received from the very small hazardous waste to transporters or to (d) Lab packs that will be incinerated quantity generator. These records must treatment, storage, or disposal facilities in compliance with § 268.42(c) are not identify the name, site address, and that have not received an EPA required to be marked with EPA contact information for the very small identification number. Hazardous Waste Number(s), except quantity generator and include a (d) Re-notification. (1) A small D004, D005, D006, D007, D008, D010, description of the hazardous waste quantity generator must re-notify EPA and D011, where applicable. starting in 2021 and every four years received, including the quantity and the § 262.34 [Removed and reserved] date the waste was received. thereafter using EPA Form 8700–12. (3) The large quantity generator This re-notification must be submitted ■ 31. Remove and reserve § 262.34. complies with the independent by September 1st of each year in which ■ 32. Add § 262.35 to subpart C read as requirements identified in re-notifications are required. follows: (2) A large quantity generator must re- § 262.10(a)(1)(iii) and the conditions for § 262.35 Liquids in landfills prohibition. exemption in this section for all notify EPA by March 1 of each even- The placement of bulk or non- hazardous waste received from a very numbered year thereafter using EPA containerized liquid hazardous waste or small quantity generator. For purposes Form 8700–12. A large quantity hazardous waste containing free liquids of the labeling and marking regulations generator may submit this re- (whether or not sorbents have been in paragraph (a)(5) of this section, the notification as part of its Biennial added) in any landfill is prohibited. large quantity generator must label the Report required under § 262.41. Prior to disposal in a hazardous waste container or unit with the date (e) A recognized trader must not landfill, liquids must meet additional accumulation started (i.e., the date the arrange for import or export of requirements as specified in §§ 264.314 hazardous waste was received from the hazardous waste without having and 265.314. very small quantity generator). If the received an EPA identification number ■ 33. Revise the heading for subpart D large quantity generator is consolidating from the Administrator. to read as follows: incoming hazardous waste from a very ■ 28. Revise the heading for subpart B small quantity generator with either its to read as follows: Subpart D—Recordkeeping and own hazardous waste or with hazardous Reporting Applicable to Small and Subpart B—Manifest Requirements waste from other very small quantity Large Quantity Generators generators, the large quantity generator Applicable to Small and Large Quantity must label each container or unit with Generators ■ 34. Section 262.40 is amended by the earliest date any hazardous waste in revising paragraph (c) to read as follows: ■ 29. Revise the heading for subpart C the container was accumulated on site. to read as follows: (g) Rejected load. A large quantity § 262.40 Recordkeeping. * * * * * generator who sends a shipment of Subpart C—Pre-Transport (c) See § 262.11(f) for recordkeeping hazardous waste to a designated facility Requirements Applicable to Small and requirements for documenting with the understanding that the Large Quantity Generators designated facility can accept and hazardous waste determinations. manage the waste and later receives that ■ 30. Section 262.32 is amended by * * * * * shipment back as a rejected load or revising paragraph (b) and adding ■ 35. Section 262.41 is revised to read residue in accordance with the manifest paragraphs (c) and (d) to read as follows: as follows:
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§ 262.41 Biennial report for large quantity accumulation area’’ and revising the § 262.203 How an eligible academic entity generators. definition of ‘‘Trained professional’’ to indicates it will be subject to the (a) A generator who is a large quantity read as follows: requirements of this subpart. generator for at least one month of an (a) An eligible academic entity must odd-numbered year (reporting year) who § 262.200 Definitions for this subpart. notify the appropriate EPA Regional ships any hazardous waste off-site to a * * * * * Administrator in writing, using the RCRA Subtitle C Site Identification treatment, storage or disposal facility Trained professional means a person within the United States must complete Form (EPA Form 8700–12), that it is who has completed the applicable electing to be subject to the and submit EPA Form 8700–13 A/B to RCRA training requirements of § 262.17 the Regional Administrator by March 1 requirements of this subpart for all the for large quantity generators, or is laboratories owned by the eligible of the following even-numbered year knowledgeable about normal operations and must cover generator activities academic entity under the same EPA and emergencies in accordance with during the previous year. identification number. An eligible § 262.16 for small quantity generators (b) Any generator who is a large academic entity that is a very small and very small quantity generators. A quantity generator for at least one month quantity generator and does not have an of an odd-numbered year (reporting trained professional may be an EPA identification number must notify year) who treats, stores, or disposes of employee of the eligible academic entity that it is electing to be subject to the hazardous waste on site must complete or may be a contractor or vendor who requirements of this subpart for all the and submit EPA Form 8700–13 A/B to meets the requisite training laboratories owned by the eligible the Regional Administrator by March 1 requirements. academic entity that are on site, as of the following even-numbered year * * * * * defined by § 260.10 of this chapter. An covering those wastes in accordance ■ 40. Section 262.201 is revised to read eligible academic entity must submit a with the provisions of 40 CFR parts 264, as follows: separate notification (Site Identification 265, 266, 267 and 270. This requirement Form) for each EPA identification also applies to large quantity generators § 262.201 Applicability of this subpart. number (or site, for very small quantity that receive hazardous waste from very generators) that is electing to be subject (a) Large quantity generators and small quantity generators pursuant to to the requirements of this subpart, and small quantity generators. This subpart § 262.17(f). must submit the Site Identification provides alternative requirements to the (c) Exports of hazardous waste to Form before it begins operating under requirements in §§ 262.11 and 262.15 foreign countries are not required to be this subpart. reported on the Biennial Report form. A for the hazardous waste determination (b) * * * separate annual report requirement is and accumulation of hazardous waste in (2) Site EPA identification number set forth at § 262.83(g) for hazardous laboratories owned by eligible academic (except for very small quantity waste exporters. entities that choose to be subject to this generators). ■ 36. Section 262.43 is revised to read subpart, provided that they complete * * * * * as follows: the notification requirements of ■ 43. Section 262.204 is amended by § 262.203. revising paragraph (a) to read as follows: § 262.43 Additional reporting. (b) Very small quantity generators. The Administrator, as deemed § 262.204 How an eligible academic entity This subpart provides alternative indicates it will withdraw from the necessary under sections 2002(a) and requirements to the conditional requirements of this subpart. 3002(a)(6) of the Act, may require exemption in § 262.14 for the generators to furnish additional reports (a) An eligible academic entity must accumulation of hazardous waste in notify the appropriate EPA Regional concerning the quantities and laboratories owned by eligible academic disposition of wastes identified or listed Administrator in writing, using the entities that choose to be subject to this RCRA Subtitle C Site Identification in 40 CFR part 261. subpart, provided that they complete ■ 37. Section 262.44 is amended by Form (EPA Form 8700–12), that it is the notification requirements of electing to no longer be subject to the revising the section heading and the § 262.203. introductory text to read as follows: requirements of this subpart for all the ■ 41. Section 262.202 is revised to read laboratories owned by the eligible § 262.44 Recordkeeping for small quantity as follows: academic entity under the same EPA generators. identification number and that it will A small quantity generator is subject § 262.202 This subpart is optional. comply with the requirements of only to the following independent (a) Large quantity generators and §§ 262.11 and 262.15 for small quantity requirements in this subpart: small quantity generators. Eligible generators and large quantity generators. * * * * * academic entities have the option of An eligible academic entity that is a complying with this subpart with very small quantity generator and does Subparts I and J [Removed and respect to its laboratories, as an not have an EPA identification number Reserved] alternative to complying with the must notify that it is withdrawing from the requirements of this subpart for all ■ requirements of §§ 262.11 and 262.15. 38. Remove and reserve subparts I and the laboratories owned by the eligible J. (b) Very small quantity generators. academic entity that are on site and that Eligible academic entities have the Subpart K—Alternative Requirements it will comply with the conditional option of complying with this subpart exemption in § 262.14. An eligible for Hazardous Waste Determination with respect to laboratories, as an and Accumulation of Unwanted academic entity must submit a separate alternative to complying with the notification (Site Identification Form) Material for Laboratories Owned by conditional exemption of § 262.14. Eligible Academic Entities for each EPA identification number (or ■ 42. Section 262.203 is amended by site, for very small quantity generators) ■ 39. Section 262.200 is amended by revising paragraphs (a) and (b)(2) to read that is withdrawing from the removing the definition of ‘‘Central as follows: requirements of this subpart and must
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submit the Site Identification Form that a trained professional makes a § 262.212 Making the hazardous waste before it begins operating under the hazardous waste determination, determination at an on-site interim status or standards in §§ 262.11 and 262.15 for pursuant to § 262.11(a) through (d), for permitted treatment, storage, or disposal small quantity generators and large unwanted material in the laboratory facility. quantity generators or § 262.14 for very before the unwanted material is * * * * * small quantity generators. removed from the laboratory, in (d) A trained professional must determine, pursuant to § 262.11(a) * * * * * accordance with § 262.210. through (d), if the unwanted material is ■ 48. Section 262.210 is amended by a hazardous waste within 4 calendar § 262.206 [Amended] revising paragraphs (a), (b)(3), and (d)(2) days of the unwanted materials’ arrival ■ 44. Amend § 262.206 in paragraph to read as follows: (b)(3)(iii) by removing the period at the at an on-site interim status or permitted end of the sentence and adding a colon § 262.210 Making the hazardous waste treatment, storage, or disposal facility. in its place. determination in the laboratory before the * * * * * ■ 45. Section 262.207 is amended by unwanted material is removed from the ■ 51. Section 262.213 is amended by revising paragraph (d)(2) to read as laboratory. revising paragraphs (a)(1), (2) and (3) follows: * * * * * and (b)(2) to read as follows: (a) A trained professional must make § 262.213 Laboratory clean-outs. § 262.207 Training. the hazardous waste determination, * * * * * pursuant to § 262.11(a) through (d), (a) * * * (d) * * * before the unwanted material is (1) If the volume of unwanted (2) Make the hazardous waste removed from the laboratory. material in the laboratory exceeds 55 gallons (or 1 quart of liquid reactive determination, pursuant to § 262.11(a) (b) * * * through (d), for unwanted material. acutely hazardous unwanted material or ■ 46. Section 262.208 is amended by (3) Count the hazardous waste toward 1 kg of solid reactive acutely hazardous revising paragraphs (a)(1) and (2), and the eligible academic entity’s generator unwanted material), the eligible (d)(2) to read as follows: category, pursuant to § 262.13, in the academic entity is not required to calendar month that the hazardous remove all unwanted materials from the § 262.208 Removing containers of waste determination was made. laboratory within 10 calendar days of unwanted material from the laboratory. * * * * * exceeding 55 gallons (or 1 quart of (a) * * * (d) * * * liquid reactive acutely hazardous (1) Remove all containers of (2) Very small quantity generators unwanted material or 1 kg or solid unwanted material from each laboratory must ensure it is taken directly from the reactive acutely hazardous unwanted on a regular interval, not to exceed 12 laboratory(ies) to any of the types of material), as required by § 262.208. months; or facilities listed in § 262.14. Instead, the eligible academic entity (2) Remove containers of unwanted must remove all unwanted materials material from each laboratory within 12 * * * * * ■ 49. Section 262.211 is amended by from the laboratory within 30 calendar months of each container’s days from the start of the laboratory accumulation start date. revising paragraphs (c), (d), and (e)(3) to read as follows: clean-out; and * * * * * (2) For the purposes of on-site (d) * * * § 262.211 Making the hazardous waste accumulation, an eligible academic (2) If a laboratory accumulates more determination at an on-site central entity is not required to count a than 1 quart of liquid reactive acutely accumulation area. hazardous waste that is an unused hazardous unwanted material or more * * * * * commercial chemical product (listed in than 1 kg (2.2 pounds) of solid reactive (c) The unwanted material becomes 40 CFR part 261, subpart D or exhibiting acutely hazardous unwanted material subject to the generator accumulation one or more characteristics in 40 CFR before the regularly scheduled removal, regulations of § 262.16 for small part 261, subpart C) generated solely then the eligible academic entity must quantity generators or § 262.17 for large during the laboratory clean-out toward ensure that all containers of reactive quantity generators as soon as it arrives its hazardous waste generator category, acutely hazardous unwanted material: pursuant to § 262.13. An unwanted (i) Are marked on the label that is in the central accumulation area, except for the ‘‘hazardous waste’’ labeling material that is generated prior to the associated with the container (or on the beginning of the laboratory clean-out label that is affixed or attached to the conditions of § 262.16(b)(6) and § 262.17(a)(5). and is still in the laboratory at the time container, if that is preferred) with the the laboratory clean-out commences date that 1 quart or 1 kg is exceeded; (d) A trained professional must determine, pursuant to § 262.11(a) must be counted toward hazardous and waste generator category, pursuant to (ii) Are removed from the laboratory through (d), if the unwanted material is a hazardous waste within 4 calendar § 262.13, if it is determined to be within 10 calendar days of the date that hazardous waste; and 1 quart or 1 kg was exceeded, or at the days of the unwanted materials’ arrival at the on-site central accumulation area. (3) For the purposes of off-site next regularly scheduled removal, management, an eligible academic whichever comes first. (e) * * * ■ entity must count all its hazardous 47. Section 262.209 is amended by (3) Count the hazardous waste toward waste, regardless of whether the revising paragraph (b) to read as follows: the eligible academic entity’s generator hazardous waste was counted toward category, pursuant to § 262.13 in the § 262.209 Where and when to make the generator category under paragraph hazardous waste determination and where calendar month that the hazardous (a)(2) of this section, and if it generates to send containers of unwanted material waste determination was made, and more than 1 kg/month of acute upon removal from the laboratory. * * * * * hazardous waste or more than 100 kg/ * * * * * ■ 50. Section 262.212 is amended by month of non-acute hazardous waste (b) Very small quantity generators. An revising paragraph (d) to read as (i.e., the very small quantity generator eligible academic entity must ensure follows: limits as defined in § 260.10 of this
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chapter), the hazardous waste is subject § 262.231 Definitions for this subpart. containers and tanks the following to all applicable hazardous waste Episodic event means an activity or conditions apply: regulations when it is transported off activities, either planned or unplanned, (i) Containers. A very small quantity site; and that does not normally occur during generator accumulating in containers * * * * * generator operations, resulting in an must mark or label its containers with (b) * * * increase in the generation of hazardous the following: (2) The requirement to count all wastes that exceeds the calendar month (A) The words ‘‘Episodic Hazardous hazardous waste, including unused quantity limits for the generator’s usual Waste’’; hazardous waste, generated during the category. (B) An indication of the hazards of the laboratory clean-out toward its Planned episodic event means an contents (examples include, but are not hazardous waste generator category, episodic event that the generator limited to, the applicable hazardous pursuant to § 262.13. planned and prepared for, including waste characteristic(s) (i.e., ignitable, regular maintenance, tank cleanouts, ■ 52. Section 262.214 is amended by corrosive, reactive, toxic); hazard short-term projects, and removal of revising paragraph (b)(5) to read as communication consistent with the excess chemical inventory follows: Department of Transportation Unplanned episodic event means an requirements at 49 CFR part 172 subpart § 262.214 Laboratory management plan. episodic event that the generator did not E (labeling) or subpart F (placarding); a * * * * * plan or reasonably did not expect to hazard statement or pictogram occur, including production process (b) * * * consistent with the Occupational Safety upsets, product recalls, accidental (5) Describe its intended best and Health Administration Hazard spills, or ‘‘acts of nature,’’ such as Communication Standard at 29 CFR practices for making hazardous waste tornado, hurricane, or flood. determinations, including specifying the 1910.1200; or a chemical hazard label duties of the individuals involved in the § 262.232 Conditions for a generator consistent with the National Fire process (see the required standards at managing hazardous waste from an Protection Association code 704); and § 262.11(a) through (d) and §§ 262.209 episodic event. (C) The date upon which the episodic through 262.212). (a) Very small quantity generator. A event began, clearly visible for very small quantity generator may inspection on each container. * * * * * (ii) Tanks. A very small quantity ■ 53. Section 262.216 is amended by maintain its existing generator category for hazardous waste generated during an generator accumulating episodic revising paragraphs (a) and (b) to read hazardous waste in tanks must do the as follows: episodic event provided that the generator complies with the following following: § 262.216 Non-laboratory hazardous waste conditions: (A) Mark or label the tank with the generated at an eligible academic entity. (1) The very small quantity generator words ‘‘Episodic Hazardous Waste’’; * * * * * is limited to one episodic event per (B) Mark or label its tanks with an (a) Remains subject to the generator calendar year, unless a petition is indication of the hazards of the contents requirements of §§ 262.11 and 262.15 granted under § 262.233; (examples include, but are not limited for large quantity generators and small (2) Notification. The very small to, the applicable hazardous waste quantity generators (if the hazardous quantity generator must notify EPA no characteristic(s) (i.e., ignitable, waste is managed in a satellite later than thirty (30) calendar days prior corrosive, reactive, toxic); hazard accumulation area), and all other to initiating a planned episodic event communication consistent with the applicable generator requirements of 40 using EPA Form 8700–12. In the event Department of Transportation CFR part 262, with respect to that of an unplanned episodic event, the requirements at 49 CFR part 172 subpart hazardous waste; or generator must notify EPA within 72 E (labeling) or subpart F (placarding); a hazard statement or pictogram (b) Remains subject to the conditional hours of the unplanned event via phone, consistent with the Occupational Safety exemption of § 262.14 for very small email, or fax and subsequently submit and Health Administration Hazard quantity generators, with respect to that EPA Form 8700–12. The generator shall Communication Standard at 29 CFR hazardous waste. include the start date and end date of 1910.1200; or a chemical hazard label ■ the episodic event, the reason(s) for the 54. Subpart L is added to read as consistent with the National Fire follows: event, types and estimated quantities of hazardous waste expected to be Protection Association code 704); Subpart L— Alternative Standards for generated as a result of the episodic (C) Use inventory logs, monitoring Episodic Generation event, and shall identify a facility equipment or other records to identify Sec. contact and emergency coordinator with the date upon which each episodic 262.230 Applicability. 24-hour telephone access to discuss the event begins; and 262.231 Definitions for this subpart. notification submittal or respond to an (D) Keep inventory logs or records 262.232 Conditions for a generator emergency in compliance with with the above information on site and managing hazardous waste from an § 262.16(b)(9)(i); readily available for inspection. episodic event. (iii) Hazardous waste must be 262.233 Petition to manage one additional (3) EPA ID Number. The very small episodic event per calendar year. quantity generator must have an EPA managed in a manner that minimizes identification number or obtain an EPA the possibility of a fire, explosion, or Subpart L—Alternative Standards for identification number using EPA Form release of hazardous waste or hazardous Episodic Generation 8700–12; waste constituents to the air, soil, or (4) Accumulation. A very small water; § 262.230 Applicability. quantity generator is prohibited from (A) Containers must be in good This subpart is applicable to very accumulating hazardous waste condition and compatible with the small quantity generators and small generated from an episodic event on hazardous waste being accumulated quantity generators as defined in drip pads and in containment buildings. therein. Containers must be kept closed § 260.10 of this chapter. When accumulating hazardous waste in except to add or remove waste; and.
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(B) Tanks must be in good condition initiating a planned episodic event (examples include, but are not limited and compatible with the hazardous using EPA Form 8700–12. In the event to, the applicable hazardous waste waste accumulated therein. Tanks must of an unplanned episodic event, the characteristic(s) (i.e., ignitable, have procedures in place to prevent the small quantity generator must notify corrosive, reactive, toxic); hazard overflow (e.g., be equipped with a EPA within 72 hours of the unplanned communication consistent with the means to stop inflow with systems such event via phone, email, or fax, and Department of Transportation as a waste feed cutoff system or bypass subsequently submit EPA Form 8700– requirements at 49 CFR part 172 subpart system to a standby tank when 12. The small quantity generator shall E (labeling) or subpart F (placarding); a hazardous waste is continuously fed include the start date and end date of hazard statement or pictogram into the tank). Tanks must be inspected the episodic event and the reason(s) for consistent with the Occupational Safety at least once each operating day to the event, types and estimated and Health Administration Hazard ensure all applicable discharge control quantities of hazardous wastes expected Communication Standard at 29 CFR equipment, such as waste feed cutoff to be generated as a result of the 1910.1200; or a chemical hazard label systems, bypass systems, and drainage episodic event, and identify a facility consistent with the National Fire systems are in good working order and contact and emergency coordinator with Protection Association code 704); to ensure the tank is operated according 24-hour telephone access to discuss the (C) Use inventory logs, monitoring to its design by reviewing the data notification submittal or respond to equipment or other records to identify gathered from monitoring equipment emergency; the date upon which each period of such as pressure and temperature (3) EPA ID Number. The small accumulation begins and ends; and gauges from the inspection. quantity generator must have an EPA (D) Keep inventory logs or records (5) The very small quantity generator identification number or obtain an EPA with the above information on site and must comply with the hazardous waste identification number using EPA Form available for inspection. manifest provisions of subpart B of this 8700–12; and (5) The small quantity generator must part when it sends its episodic event (4) Accumulation by small quantity treat hazardous waste generated from an hazardous waste off site to a designated generators. A small quantity generator is episodic event on site or manifest and facility, as defined in § 260.10 of this prohibited from accumulating ship such hazardous waste off site to a chapter. hazardous wastes generated from an designated facility (as defined by (6) The very small quantity generator episodic event waste on drip pads and § 260.10 of this chapter) within sixty has up to sixty (60) calendar days from in containment buildings. When (60) calendar days from the start of the the start of the episodic event to accumulating hazardous waste episodic event. (6) The small quantity generator must manifest and send its hazardous waste generated from an episodic event in maintain the following records for three generated from the episodic event to a containers and tanks, the following (3) years from the end date of the designated facility, as defined in conditions apply: (i) Containers. A small quantity episodic event: § 260.10 of this chapter. (i) Beginning and end dates of the (7) Very small quantity generators generator accumulating episodic hazardous waste in containers must episodic event; must maintain the following records for (ii) A description of the episodic meet the standards at § 262.16(b)(2) of three (3) years from the end date of the event; episodic event: this chapter and must mark or label its (iii) A description of the types and (i) Beginning and end dates of the containers with the following: quantities of hazardous wastes (A) The words ‘‘Episodic Hazardous episodic event; generated during the event; (ii) A description of the episodic Waste’’; (iv) A description of how the (B) An indication of the hazards of the event; hazardous waste was managed as well contents (examples include, but are not (iii) A description of the types and as the name of the designated facility (as limited to, the applicable hazardous quantities of hazardous wastes defined by § 260.10 of this chapter) that waste characteristic(s) (i.e., ignitable, generated during the event; received the hazardous waste; (iv) A description of how the corrosive, reactive, toxic); hazard (v) Name(s) of hazardous waste hazardous waste was managed as well communication consistent with the transporters; and as the name of the RCRA-designated Department of Transportation (vi) An approval letter from EPA if the facility that received the hazardous requirements at 49 CFR part 172 subpart generator petitioned to conduct one waste; E (labeling) or subpart F (placarding); a additional episodic event per calendar (v) Name(s) of hazardous waste hazard statement or pictogram year. transporters; and consistent with the Occupational Safety (vi) An approval letter from EPA if the and Health Administration Hazard § 262.233 Petition to manage one generator petitioned to conduct one Communication Standard at 29 CFR additional episodic event per calendar year. additional episodic event per calendar 1910.1200; or a chemical hazard label (a) A generator may petition the year. consistent with the National Fire Regional Administrator for a second (b) Small quantity generators. A small Protection Association code 704); and episodic event in a calendar year quantity generator may maintain its (C) The date upon which the episodic without impacting its generator category existing generator category during an event began, clearly visible for under the following conditions: episodic event provided that the inspection on each container. (1) If a very small quantity generator generator complies with the following (ii) Tanks. A small quantity generator or small quantity generator has already conditions: accumulating episodic hazardous waste held a planned episodic event in a (1) The small quantity generator is in tanks must meet the standards at calendar year, the generator may limited to one episodic event per § 262.16(b)(3) and must do the petition EPA for an additional calendar year unless a petition is following: unplanned episodic event in that granted under § 262.233; (A) Mark or label its tank with the calendar year within 72 hours of the (2) Notification. The small quantity words ‘‘Episodic Hazardous Waste’’; unplanned event. generator must notify EPA no later than (B) Mark or label its tanks with an (2) If a very small quantity generator thirty (30) calendar days prior to indication of the hazards of the contents or small quantity generator has already
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held an unplanned episodic event in a explosion, or any unplanned sudden or (b) In the event there is just one calendar year, the generator may non-sudden release of hazardous waste employee on the premises while the petition EPA for an additional planned or hazardous waste constituents to air, facility is operating, the employee must episodic event in that calendar year. soil, or surface water which could have immediate access (e.g., direct or (b) The petition must include the threaten human health or the unimpeded access) to a device, such as following: environment. a telephone (immediately available at (1) The reason(s) why an additional the scene of operation) or a hand-held § 262.252 Required equipment. episodic event is needed and the nature two-way radio, capable of summoning of the episodic event; All areas deemed applicable by external emergency assistance, unless (2) The estimated amount of § 262.250 must be equipped with the such a device is not required under hazardous waste to be managed from the items in paragraphs (a) through (d) of § 262.252. event; this section (unless none of the hazards (3) How the hazardous waste is to be posed by waste handled at the facility § 262.255 Required aisle space. managed; could require a particular kind of The large quantity generator must (4) The estimated length of time equipment specified below or the actual maintain aisle space to allow the needed to complete management of the hazardous waste generation or unobstructed movement of personnel, hazardous waste generated from the accumulation area does not lend itself fire protection equipment, spill control episodic event—not to exceed sixty (60) for safety reasons to have a particular equipment, and decontamination days; and kind of equipment specified below). A equipment to any area of facility (5) Information regarding the previous large quantity generator may determine operation in an emergency, unless aisle episodic event managed by the the most appropriate locations within space is not needed for any of these generator, including the nature of the its facility to locate equipment purposes. event, whether it was a planned or necessary to prepare for and respond to unplanned event, and how the generator emergencies: § 262.256 Arrangements with local complied with the conditions. (a) An internal communications or authorities. (c) The petition must be made to the alarm system capable of providing (a) The large quantity generator must Regional Administrator in writing, immediate emergency instruction (voice attempt to make arrangements with the either on paper or electronically. or signal) to facility personnel; local police department, fire (b) A device, such as a telephone (d) The generator must retain written department, other emergency response (immediately available at the scene of approval in its records for three (3) years teams, emergency response contractors, operations) or a hand-held two-way from the date the episodic event ended. equipment suppliers, and local ■ radio, capable of summoning emergency 55. Subpart M is added to read as hospitals, taking into account the types assistance from local police follows: and quantities of hazardous wastes departments, fire departments, or state Subpart M—Preparedness, Prevention, and handled at the facility. Arrangements or local emergency response teams; Emergency Procedures for Large Quantity may be made with the Local Emergency Generators (c) Portable fire extinguishers, fire control equipment (including special Planning Committee, if it is determined Sec. extinguishing equipment, such as that to be the appropriate organization with 262.250 Applicability. using foam, inert gas, or dry chemicals), which to make arrangements. 262.251 Maintenance and operation of spill control equipment, and (1) A large quantity generator facility. attempting to make arrangements with 262.252 Required equipment. decontamination equipment; and 262.253 Testing and maintenance of (d) Water at adequate volume and its local fire department must determine equipment. pressure to supply water hose streams, the potential need for the services of the 262.254 Access to communications or alarm or foam producing equipment, or local police department, other system. automatic sprinklers, or water spray emergency response teams, emergency 262.255 Required aisle space. systems. response contractors, equipment 262.256 Arrangements with local suppliers and local hospitals. authorities. § 262.253 Testing and maintenance of equipment. (2) As part of this coordination, the 262.260 Purpose and implementation of large quantity generator shall attempt to contingency plan. All communications or alarm systems, make arrangements, as necessary, to 262.261 Content of contingency plan. fire protection equipment, spill control familiarize the above organizations with 262.262 Copies of contingency plan. equipment, and decontamination the layout of the facility, the properties 262.263 Amendment of contingency plan. equipment, where required, must be 262.264 Emergency coordinator. of the hazardous waste handled at the tested and maintained as necessary to 262.265 Emergency procedures. facility and associated hazards, places assure its proper operation in time of where personnel would normally be emergency. Subpart M—Preparedness, Prevention, working, entrances to roads inside the and Emergency Procedures for Large § 262.254 Access to communications or facility, and possible evacuation routes Quantity Generators alarm system. as well as the types of injuries or § 262.250 Applicability. (a) Whenever hazardous waste is illnesses which could result from fires, explosions, or releases at the facility. The regulations of this subpart apply being poured, mixed, spread, or to those areas of a large quantity otherwise handled, all personnel (3) Where more than one police or fire generator where hazardous waste is involved in the operation must have department might respond to an generated or accumulated on site. immediate access (e.g., direct or emergency, the large quantity generator unimpeded access) to an internal alarm shall attempt to make arrangements § 262.251 Maintenance and operation of or emergency communication device, designating primary emergency facility. either directly or through visual or voice authority to a specific fire or police A large quantity generator must contact with another employee, unless department, and arrangements with any maintain and operate its facility to such a device is not required under others to provide support to the primary minimize the possibility of a fire, § 262.252. emergency authority.
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(b) The large quantity generator shall police department, fire department, generator that is otherwise amending its maintain records documenting the other emergency response teams, contingency plan must at that time arrangements with the local fire emergency response contractors, submit a quick reference guide of the department as well as any other equipment suppliers, local hospitals or, contingency plan to the local emergency organization necessary to respond to an if applicable, the Local Emergency responders identified at paragraph (a) of emergency. This documentation must Planning Committee, pursuant to this section or, as appropriate, the Local include documentation in the operating § 262.256. Emergency Planning Committee. The record that either confirms such (d) The plan must list names and quick reference guide must include the arrangements actively exist or, in cases emergency telephone numbers of all following elements: where no arrangements exist, confirms persons qualified to act as emergency (1) The types/names of hazardous that attempts to make such coordinator (see § 262.264), and this list wastes in layman’s terms and the arrangements were made. must be kept up to date. Where more associated hazard associated with each (c) A facility possessing 24-hour than one person is listed, one must be hazardous waste present at any one time response capabilities may seek a waiver named as primary emergency (e.g., toxic paint wastes, spent ignitable from the authority having jurisdiction coordinator and others must be listed in solvent, corrosive acid); (AHJ) over the fire code within the the order in which they will assume (2) The estimated maximum amount facility’s state or locality as far as responsibility as alternates. In situations of each hazardous waste that may be needing to make arrangements with the where the generator facility has an present at any one time; local fire department as well as any emergency coordinator continuously on (3) The identification of any other organization necessary to respond duty because it operates 24 hours per hazardous wastes where exposure to an emergency, provided that the day, every day of the year, the plan may would require unique or special waiver is documented in the operating list the staffed position (e.g., operations treatment by medical or hospital staff; record. manager, shift coordinator, shift (4) A map of the facility showing operations supervisor) as well as an where hazardous wastes are generated, § 262.260 Purpose and implementation of emergency telephone number that can accumulated and treated and routes for contingency plan. be guaranteed to be answered at all accessing these wastes; (a) A large quantity generator must times. (5) A street map of the facility in have a contingency plan for the facility. (e) The plan must include a list of all relation to surrounding businesses, The contingency plan must be designed emergency equipment at the facility schools and residential areas to to minimize hazards to human health or (such as fire extinguishing systems, spill understand how best to get to the the environment from fires, explosions, control equipment, communications facility and also evacuate citizens and or any unplanned sudden or non- and alarm systems (internal and workers; sudden release of hazardous waste or external), and decontamination (6) The locations of water supply (e.g., hazardous waste constituents to air, soil, equipment), where this equipment is fire hydrant and its flow rate); or surface water. required. This list must be kept up to (7) The identification of on-site (b) The provisions of the plan must be date. In addition, the plan must include notification systems (e.g., a fire alarm carried out immediately whenever there the location and a physical description that rings off site, smoke alarms); and is a fire, explosion, or release of of each item on the list, and a brief (8) The name of the emergency hazardous waste or hazardous waste outline of its capabilities. coordinator(s) and 7/24-hour emergency constituents which could threaten (f) The plan must include an telephone number(s) or, in the case of a human health or the environment. evacuation plan for generator personnel facility where an emergency coordinator where there is a possibility that is continuously on duty, the emergency § 262.261 Content of contingency plan. evacuation could be necessary. This telephone number for the emergency (a) The contingency plan must plan must describe signal(s) to be used coordinator. describe the actions facility personnel to begin evacuation, evacuation routes, (c) Generators must update, if must take to comply with §§ 262.260 and alternate evacuation routes (in cases necessary, their quick reference guides, and 262.265 in response to fires, where the primary routes could be whenever the contingency plan is explosions, or any unplanned sudden or blocked by releases of hazardous waste amended and submit these documents non-sudden release of hazardous waste or fires). to the local emergency responders or hazardous waste constituents to air, identified at paragraph (a) of this section soil, or surface water at the facility. § 262.262 Copies of contingency plan. or, as appropriate, the Local Emergency (b) If the generator has already A copy of the contingency plan and Planning Committee. prepared a Spill Prevention, Control, all revisions to the plan must be and Countermeasures (SPCC) Plan in maintained at the large quantity § 262.263 Amendment of contingency accordance with part 112 of this generator and— plan. chapter, or some other emergency or (a) The large quantity generator must The contingency plan must be contingency plan, it need only amend submit a copy of the contingency plan reviewed, and immediately amended, if that plan to incorporate hazardous and all revisions to all local emergency necessary, whenever: waste management provisions that are responders (i.e., police departments, fire (a) Applicable regulations are revised; sufficient to comply with the standards departments, hospitals and State and (b) The plan fails in an emergency; of this part. The generator may develop local emergency response teams that (c) The generator facility changes—in one contingency plan that meets all may be called upon to provide its design, construction, operation, regulatory standards. EPA recommends emergency services). This document maintenance, or other circumstances— that the plan be based on the National may also be submitted to the Local in a way that materially increases the Response Team’s Integrated Emergency Planning Committee, as potential for fires, explosions, or Contingency Plan Guidance (‘‘One appropriate. releases of hazardous waste or Plan’’). (b) A large quantity generator that first hazardous waste constituents, or (c) The plan must describe becomes subject to these provisions changes the response necessary in an arrangements agreed to with the local after May 30, 2017 or a large quantity emergency;
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(d) The list of emergency coordinators (d) If the emergency coordinator (h) The emergency coordinator must changes; or determines that the facility has had a ensure that, in the affected area(s) of the (e) The list of emergency equipment release, fire, or explosion which could facility: changes. threaten human health, or the (1) No hazardous waste that may be environment, outside the facility, the incompatible with the released material § 262.264 Emergency coordinator. emergency coordinator must report the is treated, stored, or disposed of until At all times, there must be at least one findings as follows: cleanup procedures are completed; and employee either on the generator’s (1) If the assessment indicates that (2) All emergency equipment listed in premises or on call (i.e., available to evacuation of local areas may be the contingency plan is cleaned and fit respond to an emergency by reaching advisable, the emergency coordinator for its intended use before operations the facility within a short period of must immediately notify appropriate are resumed. time) with the responsibility for local authorities. The emergency (i) The generator must note in the coordinating all emergency response coordinator must be available to help operating record the time, date, and measures and implementing the appropriate officials decide whether details of any incident that requires necessary emergency procedures local areas should be evacuated; and implementing the contingency plan. outlined in § 262.265. Although (2) The emergency coordinator must Within 15 days after the incident, the responsibilities may vary depending on immediately notify either the generator must submit a written report factors such as type and variety of government official designated as the on the incident to the Regional hazardous waste(s) handled by the on-scene coordinator for that Administrator. The report must include: facility, as well as type and complexity geographical area, or the National (1) Name, address, and telephone of the facility, this emergency Response Center (using their 24-hour number of the generator; coordinator must be thoroughly familiar toll free number 800/424–8802). The (2) Date, time, and type of incident with all aspects of the generator’s report must include: (e.g., fire, explosion); contingency plan, all operations and (i) Name and telephone number of (3) Name and quantity of material(s) activities at the facility, the location and reporter; involved; characteristics of hazardous waste (ii) Name and address of the (4) The extent of injuries, if any; handled, the location of all records generator; (5) An assessment of actual or within the facility, and the facility’s (iii) Time and type of incident (e.g., potential hazards to human health or layout. In addition, this person must release, fire); the environment, where this is have the authority to commit the (iv) Name and quantity of material(s) applicable; and resources needed to carry out the involved, to the extent known; (6) Estimated quantity and disposition (v) The extent of injuries, if any; and contingency plan. of recovered material that resulted from (vi) The possible hazards to human the incident. § 262.265 Emergency procedures. health, or the environment, outside the facility. (a) Whenever there is an imminent or PART 263—STANDARDS APPLICABLE (e) During an emergency, the actual emergency situation, the TO TRANSPORTERS OF HAZARDOUS emergency coordinator must take all emergency coordinator (or his designee WASTE reasonable measures necessary to ensure when the emergency coordinator is on that fires, explosions, and releases do ■ 56. The authority citation for part 263 call) must immediately: not occur, recur, or spread to other continues to read as follows: (1) Activate internal facility alarms or hazardous waste at the generator’s Authority: 42 U.S.C. 6906, 6912, 6922– communication systems, where facility. These measures must include, 6925, 6937, and 6938. applicable, to notify all facility where applicable, stopping processes ■ 57. Section 263.12 is revised to read personnel; and and operations, collecting and as follows: (2) Notify appropriate state or local containing released hazardous waste, agencies with designated response roles and removing or isolating containers. § 263.12 Transfer facility requirements. if their help is needed. (f) If the generator stops operations in (a) A transporter who stores (b) Whenever there is a release, fire, response to a fire, explosion or release, manifested shipments of hazardous or explosion, the emergency coordinator the emergency coordinator must waste in containers meeting the must immediately identify the monitor for leaks, pressure buildup, gas independent requirements of § 262.30 of character, exact source, amount, and generation, or ruptures in valves, pipes, this chapter at a transfer facility for a areal extent of any released materials. or other equipment, wherever this is period of ten (10) days or less is not The emergency coordinator may do this appropriate. subject to regulation under parts 264, by observation or review of the facility (g) Immediately after an emergency, 265, 267, 268, and 270 of this chapter records or manifests and, if necessary, the emergency coordinator must provide with respect to the storage of those by chemical analysis. for treating, storing, or disposing of wastes. (c) Concurrently, the emergency recovered waste, contaminated soil or (b) When consolidating the contents coordinator must assess possible surface water, or any other material that of two or more containers with the same hazards to human health or the results from a release, fire, or explosion hazardous waste into a new container, environment that may result from the at the facility. Unless the generator can or when combining and consolidating release, fire, or explosion. This demonstrate, in accordance with two different hazardous wastes that are assessment must consider both direct § 261.3(c) or (d) of this chapter, that the compatible with each other, the and indirect effects of the release, fire, recovered material is not a hazardous transporter must mark its containers of or explosion (e.g., the effects of any waste, then it is a newly generated 119 gallons or less with the following toxic, irritating, or asphyxiating gases hazardous waste that must be managed information: that are generated, or the effects of any in accordance with all the applicable (1) The words ‘‘Hazardous Waste’’ hazardous surface water run-offs from requirements and conditions for and water or chemical agents used to control exemption in parts 262, 263, and 265 of (2) The applicable EPA hazardous fire and heat-induced explosions). this chapter. waste number(s) (EPA hazardous waste
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codes) in subparts C and D of part 261 EPA may modify or amend the schedule ■ 65. Section 264.191 is amended by of this chapter, or in compliance with as may be necessary. revising paragraph (a) to read as follows: § 262.32(c). * * * * * § 264.191 Assessment of existing tank ■ 61. Section 264.71 is amended by system’s integrity. PART 264—STANDARDS FOR revising paragraph (c) and removing the (a) For each existing tank system that OWNERS AND OPERATORS OF comment to paragraph (c) to read as does not have secondary containment HAZARDOUS WASTE TREATMENT, follows: STORAGE, AND DISPOSAL meeting the requirements of § 264.193, FACILITIES § 264.71 Use of manifest system. the owner or operator must determine * * * * * that the tank system is not leaking or is ■ 58. The authority citation for part 264 (c) Whenever a shipment of hazardous fit for use. Except as provided in continues to read as follows: waste is initiated from a facility, the paragraph (c) of this section, the owner Authority: 42 U.S.C. 6905, 6912(a), 6924, owner or operator of that facility must or operator must obtain and keep on file and 6925. comply with the requirements of part at the facility a written assessment ■ 59. Section 264.1 is amended by 262 of this chapter. The provisions of reviewed and certified by a qualified revising paragraphs (g)(1) and (3) to read §§ 262.15, 262.16, and 262.17 of this Professional Engineer, in accordance as follows: chapter are applicable to the on-site with § 270.11(d) of this chapter, that accumulation of hazardous wastes by attests to the tank system’s integrity by § 264.1 Purpose, scope and applicability. generators. Therefore, the provisions of January 12, 1988. * * * * * §§ 262.15, 262.16, and 262.17 of this * * * * * (g) * * * chapter only apply to owners or § 264.195 [Amended] (1) The owner or operator of a facility operators who are shipping hazardous ■ 66. Section 264.195 is amended by permitted, licensed, or registered by a waste which they generated at that facility or operating as a large quantity removing and reserving paragraph (e). state to manage municipal or industrial ■ 67. Section 264.1030 is amended by solid waste, if the only hazardous waste generator consolidating hazardous waste from very small quantity generators revising paragraph (b)(2) to read as the facility treats, stores, or disposes of follows: is excluded from regulation under this under § 262.17(f). part by § 262.14 of this chapter; * * * * * § 264.1030 Applicability. ■ * * * * * 62. Section 264.75 is revised to read * * * * * as follows: (3) A generator accumulating waste on (b) * * * site in compliance with §§ 262.14, § 264.75 Biennial report. (2) A unit (including a hazardous 262.15, 262.16, or 262.17 of this chapter. The owner or operator must complete waste recycling unit) that is not exempt * * * * * and submit EPA Form 8700–13 A/B to from permitting under the provisions of 40 CFR 262.17 (i.e., a hazardous waste ■ the Regional Administrator by March 1 60. Section 264.15 is amended by recycling unit that is not a 90-day tank revising paragraph (b)(4) and removing of the following even numbered year and must cover activities during the or container) and that is located at a the comment to paragraph (b)(4) to read hazardous waste management facility as follows: previous year. ■ 63. Section 264.170 is revised to read otherwise subject to the permitting § 264.15 General inspection requirements. as follows: requirements of 40 CFR part 270; or * * * * * * * * * * § 264.170 Applicability. ■ (b) * * * 68. Section 264.1050 is amended by The regulations in this subpart apply revising paragraph (b)(3) to read as (4) The frequency of inspection may to owners and operators of all hazardous follows: vary for the items on the schedule. waste facilities that store hazardous However, the frequency should be based waste in containers, except as § 264.1 § 264.1050 Applicability. on the rate of deterioration of the provides otherwise. * * * * * equipment and the probability of an [Comment: Under § 261.7 and (b) * * * environmental or human health § 261.33(c) of this chapter, if a (3) A unit that is exempt from incident if the deterioration, hazardous waste is emptied from a permitting under the provisions of 40 malfunction, or operator error goes container the residue remaining in the CFR 262.17 (i.e., a ‘‘90-day’’ tank or undetected between inspections. Areas container is not considered a hazardous container) and is not a recycling unit subject to spills, such as loading and waste if the container is ‘‘empty’’ as under the provisions of 40 CFR 261.6. unloading areas, must be inspected defined in § 261.7. In that event, * * * * * daily when in use. At a minimum, the management of the container is exempt ■ 69. Section 264.1101 is amended by inspection schedule must include the from the requirements of this subpart.] revising paragraph (c)(4) to read as items and frequencies called for in ■ 64. Section 264.174 is revised to read follows: §§ 264.174, 264.193, 264.195, 264.226, as follows: 264.254, 264.278, 264.303, 264.347, § 264.1101 Design and operating 264.602, 264.1033, 264.1052, 264.1053, § 264.174 Inspections. standards. 264.1058, and 264.1083 through At least weekly, the owner or operator * * * * * 264.1089, where applicable. Part 270 of must inspect areas where containers are (c) * * * this chapter requires the inspection stored. The owner or operator must look (4) Inspect and record in the facility schedule to be submitted with part B of for leaking containers and for operating record, at least once every the permit application. EPA will deterioration of containers and the seven days, data gathered from evaluate the schedule along with the containment system cause by corrosion monitoring and leak detection rest of the application to ensure that it or other factors. See §§ 264.15(c) and equipment as well as the containment adequately protects human health and 264.171 for remedial action required if building and the area immediately the environment. As part of this review, deterioration or leaks are detected. surrounding the containment building
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to detect signs of releases of hazardous § 265.71 Use of manifest system. § 265.1050 [Amended] waste. * * * * * ■ 79. Amend § 265.1050 by removing * * * * * (c) Whenever a shipment of hazardous the text ‘‘40 CFR 262.34(a)’’ wherever it waste is initiated from a facility, the appears and adding in its place the text PART 265—INTERIM STATUS owner or operator of that facility must ‘‘40 CFR 262.17’’. STANDARDS FOR OWNERS AND comply with the requirements of part ■ 80. Section 265.1101 is amended by OPERATORS OF HAZARDOUS WASTE 262 of this chapter. The provisions of revising paragraph (c)(4) to read as TREATMENT, STORAGE, AND §§ 262.15, 262.16, and 262.17 of this follows: DISPOSAL FACILITIES chapter are applicable to the on-site accumulation of hazardous wastes by § 265.1101 Design and operating ■ 70. The authority citation for part 265 generators. Therefore, the provisions of standards. continues to read as follows: §§ 262.15, 262.16, and 262.17 only * * * * * Authority: 42 U.S.C. 6905, 6906, 6912, apply to owners or operators who are (c) * * * 6922, 6923, 6924, 6925, 6935, 6936, and shipping hazardous waste which they (4) Inspect and record in the facility’s 6937. generated at that facility or operating as operating record at least once every ■ 71. Section 265.1 is amended by a large quantity generator consolidating seven days data gathered from revising paragraphs (c)(5) and (7) to read hazardous waste from very small monitoring and leak detection as follows: quantity generators under § 262.17(f). equipment as well as the containment building and the area immediately § 265.1 Purpose, scope, and applicability. * * * * * ■ 74. Section 265.75 is revised to read surrounding the containment building * * * * * as follows: to detect signs of releases of hazardous (c) * * * waste. § 265.75 Biennial report. (5) The owner or operator of a facility * * * * * permitted, licensed, or registered by a The owner or operator must complete State to manage municipal or industrial and submit EPA Form 8700–13 A/B to PART 266—STANDARDS FOR THE solid waste, if the only hazardous waste the Regional Administrator by March 1 MANAGEMENT OF SPECIFIC the facility treats, stores, or disposes of of the following even numbered year HAZARDOUS WASTES AND SPECIFIC is excluded from regulation under this and must cover activities during the TYPES OF HAZARDOUS WASTE part by § 262.14 of this chapter; previous year. MANAGEMENT FACILTIES * * * * * ■ 75. Section 265.174 is revised to read ■ (7) A generator accumulating waste on as follows: 81. The authority citation for part 266 continues to read as follows: site in compliance with applicable § 265.174 Inspections. conditions for exemption in §§ 262.14 At least weekly, the owner or operator Authority: 42 U.S.C. 1006, 2002(a), 3001– through 262.17 and subparts K and L of 3009, 3014, 3017, 6905, 6906, 6912, 6921, must inspect areas where containers are 6922, 6924–6927, 6934, and 6937. part 262 of this chapter, except to the stored. The owner or operator must look extent the requirements of this part are for leaking containers and for § 266.80 [Amended] included in those sections and subparts; deterioration of containers caused by ■ 82. Amend § 266.80(a) by removing * * * * * corrosion or other factors. See § 265.171 the text ‘‘§ 262.12’’ and adding the text ■ 72. Section 265.15 is amended by for remedial action required if ‘‘§ 262.18’’ in its place, seven times. revising paragraph (b)(4) and removing deterioration or leaks are detected. paragraph (b)(5). § 266.255 [Amended] The revision reads as follows: § 265.195 [Amended] ■ 83. Amend § 266.255(a) by removing ■ 76. Section 265.195 is amended by the text ‘‘40 CFR 262.34’’ and adding the § 265.15 General inspection requirements. removing and reserving paragraph (d). text ‘‘40 CFR 262.16 or 262.17’’ in its * * * * * § 265.201 [Removed and reserved] place. (b) * * * ■ (4) The frequency of inspection may 77. Remove and reserve § 265.201. PART 267—STANDARDS FOR ■ 78. Section 265.1030 is amended by vary for the items on the schedule. OWNERS AND OPERATORS OF revising paragraphs (b)(2) and (3) to read However, the frequency should be based FACILITIES OPERATING UNDER A as follows: on the rate of deterioration of the STANDARDIZED PERMIT equipment and the probability of an § 265.1030 Applicability. ■ environmental or human health 84. The authority citation for part 267 * * * * * continues to read as follows: incident if the deterioration, (b) * * * malfunction, or operator error goes (2) A unit (including a hazardous Authority: 42 U.S.C. 6902, 6912(a), 6924– undetected between inspections. Areas waste recycling unit) that is not exempt 6926, and 6930. subject to spills, such as loading and from permitting under the provisions of § 267.71 [Amended] unloading areas, must be inspected 40 CFR 262.17 (i.e., a hazardous waste ■ 85. Amend § 267.71(c) by removing daily when in use. At a minimum, the recycling unit that is not a 90-day tank the text ‘‘§ 262.34’’ wherever it appears inspection schedule must include the or container) and that is located at a and adding in its place the text items and frequencies called for in hazardous waste management facility ‘‘§ 262.16 or 262.17’’. §§ 265.174, 265.193, 265.195, 265.226, otherwise subject to the permitting 265.260, 265.278, 265.304, 265.347, requirements of 40 CFR part 270, or PART 268—LAND DISPOSAL 265.377, 265.403, 265.1033, 265.1052, (3) A unit that is exempt from RESTRICTIONS 265.1053, 265.1058, and 265.1084 permitting under the provisions of 40 through 265.1090, where applicable. CFR 262.17 (i.e., a ‘‘90-day’’ tank or ■ 86. The authority citation for part 268 * * * * * container) and is not a recycling unit continues to read as follows: ■ 73. Section 265.71 is amended by under the requirements of 40 CFR 261.6. Authority: 42 U.S.C. 6905, 6912(a), 6921, revising paragraph (c) to read as follows: * * * * * and 6924.
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■ 87. Section 268.1 is amended by limited to, the applicable hazardous and the entries under O.1. in the table revising paragraph (e)(1) to read as waste characteristic(s) (i.e., ignitable, of appendix I to § 270.42. follows: corrosive, reactive, toxic); hazard communication consistent with the PART 271—REQUIREMENTS FOR § 268.1 Purpose, scope, and applicability. Department of Transportation AUTHORIZATION OF STATE * * * * * requirements at 49 CFR part 172 subpart HAZARDOUS WASTE PROGRAMS (e) * * * E (labeling) or subpart F (placarding); a (1) Waste generated by very small ■ 93. The authority citation for part 271 hazard statement or pictogram continues to read as follows: quantity generators, as defined in consistent with the Occupational Safety § 260.10 of this chapter; and Health Administration Hazard Authority: 42 U.S.C. 6905, 6912(a), and * * * * * Communication Standard at 29 CFR 6926. ■ 88. Section 268.7 is amended by 1910.1200; or a chemical hazard label § 271.10 [Amended] revising paragraph (a)(5) introductory consistent with the National Fire ■ 94. Amend § 271.10(c) by removing paragraph to read as follows: Protection Association code 704); and the text ’’ 262.34’’ and adding in its (D) The date each period of § 268.7 Testing, tracking, and place the text ‘‘262.16 or 262.17’’. recordkeeping requirements for generators, accumulation begins. treaters, and disposal facilities. * * * * * PART 273—STANDARDS FOR (a) * * * UNIVERSAL WASTE MANAGEMENT PART 270—EPA ADMINISTERED (5) If a generator is managing and PERMIT PROGRAMS: THE ■ 95. The authority citation for part 273 treating prohibited waste or HAZARDOUS WASTE PERMIT continues to read as follows: contaminated soil in tanks, containers, PROGRAM or containment buildings regulated Authority: 42 U.S.C. 6922, 6923, 6924, 6925, 6930, and 6937. under 40 CFR 262.15, 262.16, and ■ 90. The authority citation for part 270 ■ 96. Section 273.8 is amended by 262.17 to meet applicable LDR continues to read as follows: treatment standards found at § 268.40, revising the section heading and Authority: 42 U.S.C. 6905, 6912, 6924, paragraph (a)(2) to read as follows: the generator must develop and follow 6925, 6927, 6939, and 6974. a written waste analysis plan which ■ 91. Section 270.1 is amended by § 273.8 Applicability—household and very describes the procedures they will carry revising paragraphs (a)(3), (c)(2) small quantity generator waste. out to comply with the treatment introductory text, (c)(2)(i), and (c)(2)(iii) (a) * * * standards. (Generators treating to read as follows: (2) Very small quantity generator hazardous debris under the alternative wastes that are exempt under § 262.14 of treatment standards of Table 1 to § 270.1 Purpose and scope of these this chapter and are also of the same regulations. § 268.45, however, are not subject to type as the universal wastes defined at these waste analysis requirements.) The (a) * * * § 273.9. plan must be kept on site in the (3) Technical regulations. The RCRA * * * * * generator’s records, and the following permit program has separate additional ■ 97. Section 273.81 is amended by requirements must be met: regulations that contain technical revising paragraph (b) to read as follows: * * * * * requirements. These separate ■ 89. Section 268.50 is amended by regulations are used by permit issuing § 273.81 Factors for petitions to include revising paragraph (a)(1) and (a)(2)(i) to authorities to determine what other wastes under 40 CFR part 273. read as follows: requirements must be placed in permits * * * * * if they are issued. These separate (b) The waste or category of waste is § 268.50 Prohibitions on storage of regulations are located in 40 CFR parts restricted wastes. not exclusive to a specific industry or 264, 266, 267, and 268. group of industries, is commonly (a) * * * * * * * * generated by a wide variety of types of (1) A generator stores such wastes in establishments (including, for example, tanks, containers, or containment (c) * * * households, retail and commercial buildings on-site solely for the purpose (2) Specific exclusions and businesses, office complexes, very small of the accumulation of such quantities exemptions. The following persons are quantity generators, small businesses, of hazardous waste as necessary to among those who are not required to government organizations, as well as facilitate proper recovery, treatment, or obtain a RCRA permit: large industrial facilities); disposal and the generator complies (i) Generators who accumulate with the requirements in §§ 262.16 and hazardous waste on site in compliance * * * * * 262.17 and parts 264 and 265 of this with all of the conditions for exemption PART 279—STANDARDS FOR THE chapter. provided in 40 CFR 262.14, 262.15, MANAGEMENT OF USED OIL (2) * * * 262.16, and 262.17. (i) Each container is clearly marked to * * * * * ■ 98. The authority citation for part 279 identify its contents and with: (iii) Persons who own or operate continues to read as follows: (A) The words ‘‘Hazardous Waste’’; facilities solely for the treatment, (B) The applicable EPA hazardous storage, or disposal of hazardous waste Authority: Sections 1006, 2002(a), 3001 through 3007, 3010, 3014, and 7004 of the waste number(s) (EPA hazardous waste excluded from regulations under this Solid Waste Disposal Act, as amended (42 codes) in subparts C and D of part 261 part by 40 CFR 261.4 or 262.14 (very U.S.C. 6905, 6912(a), 6921 through 6927, of this chapter; or use a nationally small quantity generator exemption). 6930, 6934, and 6974); and sections 101(37) recognized electronic system, such as * * * * * and 144(c) of CERCLA (42 U.S.C. 9601(37) bar coding, to identify the EPA and 9614(c)). hazardous waste number(s); § 270.42 [Amended] ■ 99. Section 279.10 is amended by (C) An indication of the hazards of the ■ 92. Section 270.42 is amended by revising paragraph (b)(3) to read as contents (examples include, but are not removing and reserving paragraph (l) follows:
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§ 279.10 Applicability. (3) Very small quantity generator § 262.14 of this chapter are subject to * * * * * hazardous waste. Mixtures of used oil regulation as used oil under this part. (b) * * * and very small quantity generator * * * * * hazardous waste regulated under [FR Doc. 2016–27429 Filed 11–25–16; 8:45 am] BILLING CODE 6560–50–P
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