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requirement for applying for an Part 264-STANDARDS FOR OWNERS 40 CFR Parts 262,264 and 265 individual RCRA permit and complying AND OPERATORS OF HAZARDOUS with the substantive requirements of WASTE TREATMENT, STORAGE, AND [SW FRL 1715-61 Parts 264 or 265. The proposed DISPOSAL FACILITIES amendments Hazardous Waste Management will also reduce the System; Standards for Generators of resource demands on the Agency by 4. Add the following subparagraph to § 264.1(g) Hazardous Waste, and Standards for reducing the number of individual RCRA Owners and Operators of Hazardous permits that otherwise'would have to be § 264.1 [Amended] Waste Treatment, Storage, and issued. The Agency believes that these * * *k * * Disppsal Facilhtle.s and Interim Status savings can 'be achieved without (g)* .• Standards for Owners and Operators significantly reducing the protection of of Hazardous Waste Treatment, human health and environment. (6) A transporter storing manifested shipments of hazardous waste in Storage, and Disposal Facilities Request VI. for Comment containers meeting the requirements of AGENCY: Environmental Protection The Agency invites comments on 40 CFR § 262.30 at a transfer facility for Agency. all a period of ten days or less. aspects of these amendments and on all ACTION: Interim final rule and request of the issues discussed in this preamble. PART 265-INTERIM STATUS for comments. EPA recognizes that a Wide variety of STANDARDS-FOR OWNERS AND situations exist and is anxious to make SUMMARY: This regulation amends OPERATORS OF HAZARDOUS WASTE § § 262.10, 264.71 and 265.71 to provide its regulations as reasonable and TREATMENT, STORAGE, AND workable as possible. DISPOSAL FACILITIES that owners or operators of hazardous All comments should be addressed to waste treatment, storage, and disposal the Docket Clerk (see address above) 5. Add the following subparagraph to facilities must comply with the and should contain specific § 265.1(C) requirements of Part 262 whenever a documentation which supports the shipment of hazardous waste is initiated § 265.1 [Amended] at their facilities. The effect of this comment. * * * * * provision is torequire owners and Dated: December 22, 1980. c]* ** operators to comply with the standards Douglas M. Costle, (10) A transporter storing manifested applicable to generators including the Administrator. shipments of hazardous waste in preparation of manifests, all pre- Title 40 of the Code of Federal containers meeting the requirements of transport requirements and the recordkeeping Regulations is amended as follows: 4b CFR § 262.30 at a transfer facility for and report provisions of a period of ten days or less. Part 262. PART 260-HAZARDOUS WASTE DATES: Effective Date: December 31, PART 122-EPA ADMINISTERED MANAGEMENT SYSTEM: GENERAL 1980. Comment Date: The Agency will PERMIT PROGRAMS: THE NATIONAL accept comments on this interim final 1. Add the following definition to POLLUTANT DISCHARGE rule until March 2, 1981. § 260.10. ELIMINATION SYSTEM; THE ADDRESSES: HAZARDOUS WASTE PERMIT Comments should be sent § 260.10 (Amended] to Docket Clerk (Docket No. 3002- PROGRAM; AND THE UNDERGROUND Shipments from Permitted Facilities), * Ak * * * CONTROL PROGRAM Office of Solid Waste (WI-563), U.S. "Transfer facility" means any 6. Add the following definition to Environmental Protection Agency, 401 M transportation related facility including § 122.3 Street, S.W., Washington, D.C. 20460, loading docks, parking areas, storage FOR FURTHER INFORMATION CONTACT: areas and other similar areas where § 122.3 [Amended] * * * , *, * For information concerning these shipments of hazardous waste are held regulations, contact Rolf P.Hill, (202) during the normal course of "Transfer facility" means any 755-9150, Office of Solid Waste (WH- transportation. transportation related facility including 563], U.S. Environmental Protection loading docks, parking areas, storage Agency, Washington, D.C. 20400. PART 263-STANDARDS APPLICABLE areas and other similar areas where SUPPLEMENTARY INFORMATION: TO TRANSPORTERS OF HAZARDOUS shipments of hazardous waste are held WASTE during the normal course of I. Authority § 263.10 (Amended] transportation. This interim final rule is Issued under 7. Add the following subpkaragraph to the authority of sections 2002(a), 3002, 2. Remove the note following § 122.21(d)(2) 3003, anol 3004 of the Solid Waste § 263.10(c)(2). - Disposal Act, as amended by the 3. Add the following section to § 122.21 [Amended] * * * * * Resource Conservation and Recovery Subpart A: Act of 1976, as amended (RCRA), 42 (d) * * § 263.12 Transfer facility requirements. (2) USC 6912(a), 6923, 6924. A transporter who stores manifested (vi) Transporters storing manifested II. Background shipments of hazardous waste in shipments of hazardous waste in Section 3004 of RCRA requires the containers meeting the fequirements of containers meeting the requirements of Environmental Protection Agency (EPA) § 262.30 at a transfer facility for a period 40 CFR § 262.30 at a transfer facility for to promulgate standards for owners and of ten days or less is not subject to a period of ten days or less. operators of hazardous waste treatment, regulation under Parts 122, 264, and 265 IFR Doc. 80-40647 Filed'12-30-80 8:45 am) storage, and disposal facilities, EPA of this chaptdr with respect to the BILLING CODE 6560-30-M promulgated the initial set of these storage of those wastes. standards on May 19, 1980 45 FR 33220,

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These regualtions, which are set forth in comments indicated that persons The provisions of § 262.34 do not 40 CFR Parts 264 and 265, establish thought that such shipments would not apply, however, to hazardous wastes operating standards and practices for require a manifest. However, in the which the owner or operator did not the management of hazardous wastes in preamble to the May 19 Part 261 generate, that is, hazardous wastes treatment, storage and disposal regulations, under the heading "When which he received are not eligible for facilities. *doesa hazardous waste cease to be a the accumulation time provisions. Those In addition, EPA has promulgated hazardous waste?", EPA stated, "as a provisions relate to accumulation of regulations establishing standards practical matter,. . .facilities which waste immediately after it has been applicable to generators of hazardous .store, dispose of, or treat hazardous generated at the site of generation in waste. 40 CFR Part 262,45 FR 12722 waste must be considered hazardous order to allow the generator an (February 26,1980) and 45 FR 33140 waste management facilities for as long opportunity to accumulate sufficient [May 19,1980). These regulations, as they continue to contain hazardous quantities of waste prior to treatment, require generators, among other things, waste, and.., any waste removedfrom storage or disposal and to make the to determine whether their waste is such facilities.... must be managed necessary arrangements for the waste's hazardous; initiate a manifest; properly as a hazardou waste." (emphasis disposition. label, package, mark and placard added) 45 FR 33096 [May 19,1980). Today's amendment applies when the shipments of hazardous waste; and to Further, in comments included in the owner or operator initiates a shipment comply with certain recordkeeping and closure requirements of various sections of hazardous waste. Some facilities reporting requirements. of Part 265 (e.g. § 265.197), the Agency which have storage permits may handle, Owners and operators of hazardous stated that shipments from facilities at in the course of transportation. waste management facilities may closure as well as throughout the hazardous waste shipments which are generate hazardous waste (e.g., residues operating period must be managed in accompanied by a manifest designating created by treatment processes). With accordance with Patts 262 and 263. Thus another facility for treatment, storge or respect to the hazardous waste that it is evident that EPA intended owners disposal of the waste. For example, a these persons generate, they, like other and operators of these facilities to transfer facility operated by a generators, must comply with the comply with the Part 262 standards transporter may engage in longterm applicable provisions of Part 262. when shipping hazardous wastes from storage of hazardous waste and may Accordingly, if owners and operators of their facilities. EPA failed, however, to also hold manifested waste for short these facilities transport hazardous specify that intent in the regulations. periods related to the transportation of waste off-site that they have generated. that waste. Another amendment to the they must undertake certain activities, III. Requirements on Shipments of Hazardods Waste From Facilities hazardous waste regulations states that including initiating the manifest, and the holding of manifested wastes for This amendment requires owners and properly labeling and packaging the short periods in the course of waste. operators of hazardous waste transportation does not constitute Owners and operators of hazardous management facilities to comply with storage requiring a RCRA permit or waste management facilities may also the Part 262 generator standards when ship off-site hazardous waste which they initiate a shipment of hazardous interim status or compliance with the they did not generate. The most obvious waste which they have not "generated" 264/265 standards. The amendment example is the removal of hazardous from their facilities. (These owners and discussed in this preamble applies to the waste from a storage facility. The owner operators, like other generators of removal of hazardous waste from long- or operator of a storage facility does not hazardous waste, must comply with all term storage: the waste held for short "generate" a waste simply by removing the Part 262 standards for hazardous periods (ten days or less) as part of the it from storage. Removing hazardous wastes they in fact generate). The owner routine transportation of that waste waste from storage for shipment offsite, or operator Is required to determine if would be subject to the original however, means that the waste will be the waste is hazardous (§ 262.11). If the manifest. transported and subsequently handled owner or operator is removing from These amendments do not apply to elsewhere. storage hazardous waste which was inactive facilities or to the ina.tive Other examples are off-site originally manifested by the generator, portions of treatment, storage and transportation of (1) hazardous waste he may rely on the information on the disposal facilities. The applicability of removed from a disposal facility, (2) manifest to make the determination the RCRA hazardous waste regulations wholly or partially treated hazardous pursuant to § 262.11(c)(2). He is required to those facilities is the subject of waste which has not been "delisted' to prepare a manifest to accompany the another amendment which is currently under § 261.3(d) and (3) solid waste shipment, pursuant to Subpart B of Part being developed by the Agency. In the generated from the treatment, storage or 262. He must package, label, mark, and inteiiim, persons shipping hazardous disposal of hazardous waste [see placard the waste in accordance with waste from inactive facilities or inactive § 261.3(c)(2)] which has not been the applicable EPA and Department of portions of facilities are advised to "delisted" under § 261.3(d). Although, in Transportation regulations, as provided manifest each shipment and comply these situations, the owner or operator in Subpart C of Part 262. He must also with the other requirements of Part 262. has not, in fact, "generated" the comply with the Subpart D The rationale for applying these hazardous waste, EPAbelieves he recordkeeping and reporting requirements to owners and operators of should assume the responsibilities of a requirements and the special conditions hazardous waste management facilities generator to assure that the off-site applicable td international shipments parallels that underlyipg the entire shipments of these wastes are properly (§262.50). Subtitle C system. Congress established managed. The owner or operator is not required the system to protect public health and - Members of the regulated community to obtain a new EPA identification the environment during management of have requested that EPA clarify what number when manifesting shipments of hazardous waste from the time of regulations apply when a facility hazardous waste. The number already generation through ultimate disposition. initiates a shipment of hazardous waste assigned to the owner or operator of the The key to the system is the manifest, which it did not generate. Some facility should be used. which enables EPA (or the states, when

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86970 Federal Register / Vol. 45, No. 252 /Wednesday, December 31, 1980 / Rules and Regulations

their programs are approved) to track V. Effective Date hazardous waste which they generated individual shipments of hazardous Section 3010(bJ of RCRA provides that at that facility.] : waste. RCRA places the initial burden of EPA's hazardous waste regulations and ,preparing the manifest, recbrdkeeping, PART 264-STANDARDS FOR reisigois' fake efftci si c moniths after OWNERS AND OPERATORS OF and rerporting on the generator. Other promiul&'tiorl:,Ihe'pirp'se 'ofthis requiremehts Placed upon'the HAZARDOUS ,WASTE, TREATMENT, requirement is to alldw'persons handling FACILITIES generator-broliere Packaging, labeling, hazardous waste sufficient time to ,STQRAGE AND.DISPOSAL placarding and marking-are essential comply with major new regulatory 2. Add the following paragraph t6 in ensuring transportation of hazardous requirements. For most.facilities, EPA § 264.71: wastes in a manner which protects believes that these amendments human health and the environment. conform the regulations to normal § 264.71 Use of the manifest system. Further, section 3004(2] requires operating practices and therefore the *- * It~ facilities to comply with the manifest amendments do not impose new (c) Whenever a shipment of system established under section 3002 obligations on these persons. The hazardous waste is initiated from a which assures that hazardous wastes Agency does, however, recognize that- facility, the owner or operator of that are sent to permitted facilities. certain facilities may have to take some facility must comply with the Therefore, the owner or operator of a time to bring their practice up to the new requirements of Part 262 of this chapter. facility who ships hazardous waste requirements. Because of the urgency of [Comment: The provisions of § 262.34 elsewhere is in a position analogous to these amendments, however, EPA has are applicable to the on-site the generator. It is his act which ought to decided to make these amendments accumulation of hazardous wastes by t~igger the application or regulatory effective immediately..Witho'ut such generators. Therefore, the provisions of controls designed to ensure the safe effect, as discussed in the preceding § 262.34 only apply to owners or transportation of hazardous wastes. For section, serious threat to human health operators who are shipping hazardous this reason,'EPA believes that it is and the environment exists. waste which they generated at that facility.] entirely appropriate for the owner or VI. Environmental, Economic and operator to comply with the Part 262 Regulatory Impacts requirements. PART 265-INTERIM STATUS For the most part, the economic, STANDARDS FOR OWNERS AND IV. A. Interim Final Regulations reporting and recordkeeping impacts of OPERATORS OF HAZARDOUS WASTE these amendments are minimal. The, TREATMENT,'STORAGE AND EPA has determined that good cause DISPOSAL FACILITIES , .exists to promulgate these amendments estimated impacts developed for the without prior notice and comment. They May 19 regulations included the 3. Add the following paragraph to conform the regulations to their original majority of those impacts related to § 265.71: intent, and ensure "cradle-to-grave" shipments of hazardous waste from control over hazardous waste. The treatment at the generator's facility § 265.71 ,Use of the manifest system. were included in the calculations. failure to explicitly include these The requirements has caused substantial Agency is unable to estimate the cost (c) Whenever a shipment of uncertainty and confusion in the and impact ,increase from these" ha.ardous waste is initiated from a regulated community. To prolong this amendments. but believes, for the facility, the owner or operator of that reasons stated above, that the facility must comply with the , confusion during the completion of additional environmental benefits formal rulemaking could result in requirements-of Part 262 of this chapter. greatly outweigh the minimal burden [Comment: The provisions of § 262.34 substantial hardship on the regulated placed on the regulated community. community. are applicable to the on-site In addition, there are compelling Dated: December 22,1980. accumulation of hazardous wastes by environmental reasons for EPA to Douglas M. Costle, generators. Therefore, the provisions of undertake this procedural course. There Administratbr. § 262.34 only apply to owners or are no explicit requirements without operators who are shipping hazardous Title 40 of the Code of Federal waste which they generated at that these amendments for persons who Regulations is amended as follows: remove hazardous waste from storage facility.] facilities. This means that a substantial PART 262-STANDARDS APPLICABLE [FReoc. 80-4050 FiletI W-30-8W 8.45 aml volume of hazardous waste which is TO GENERATORS OF HAZARDOUS BILLING CODE 656O-30-M otherwise subject to regulation may be WASTE shipped and handled without any 1. Add the following paragraph to 40 CFR Parts 262,263, 264, and 265 regulatory controls. Based on the literal § 262.10: language of the regulations, as presently [SWH-FRL 1715-7] drafted, these wastes need not be § 262.10 Purpose, scope and applicability. manifested, nor properly labeled or Transportation of Hazardous Waste by packaged, nor sent to a proper (f)An owner or operator who initiates Rail treatment, storage or disposal facility. a shipment of hazardous waste from a AGENCY: Environmental Protection EPA has determined, however, that treatment, storage, or disposal facility Agency.. ' these requirements are necessary to must comply with the generator protect human health, and the ACTION: Interim final amendment ahd standards established in this Part. [Note: request for Comments. environment. Theserequirements are; The provisions of;§ 262.34 are applicable equally necessary' whether a generator to the on-site accumulation of hazardous" SUMMARY: Regulations promulgated in initiates a shipment of hazardous waste waste:by generators', Therefore, the May 1980, established requirements for or whether an owner or operator of a provisions of § 262.34 only apply to, the transportation of hazardous waste storage facility does-so. -owners or operators who are shipping by'rail 45 FR 33150 (May 19, 1980). The

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