This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline. 86968 Federal Register / Vol. 45, No. 252 / Wednesday, December 31, 1980 / Rules and Regulations 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, HeinOnline -- 45 Fed. Reg. 86968 1980 This information is reproduced with permission from HeinOnline, under contract to EPA. By including this material, EPA does not endorse HeinOnline. Federal Register I Vol. 45, No. 252 / Wednesday, December 31, 1980 / Rules and Regulations 86969 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