Hazardous Waste Generator Improvements, 57917-58012 [2015-23166]
Download as PDF
<![CDATA[
Vol. 80
Friday,
No. 186
September 25, 2015
Part II
Environmental Protection Agency
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
40 CFR Parts 260, 261, 262, et al.
Hazardous Waste Generator Improve; Proposed Rule
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
PO 00000
Frm 00001
Fmt 4717
Sfmt 4717
E:\FR\FM\25SEP2.SGM
25SEP2
57918
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 260, 261, 262, 263, 264,
265, 268, 270, 273, and 279
[EPA–HQ–RCRA–2012–0121; FRL 9924–07–
OSWER]
RIN 2050–AG70
Hazardous Waste Generator
Improvements
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA or the Agency) is
proposing to revise the hazardous waste
generator regulations under the
Resource Conservation and Recovery
Act (RCRA) to improve compliance and
thereby enhance protection of human
health and the environment.
Specifically, EPA proposes to revise
certain components of the hazardous
waste generator regulatory program;
address gaps in the regulations; provide
greater flexibility for hazardous waste
generators to manage their hazardous
waste in a cost-effective and protective
manner; reorganize the hazardous waste
generator regulations to make them
more user-friendly and thus improve
their usability by the regulated
community; and make technical
corrections and conforming changes to
address inadvertent errors, remove
obsolete references to programs that no
longer exist, and improve the readability
of the regulations.
These proposed changes are both a
result of EPA’s experience in
implementing and evaluating the
hazardous waste generator program over
the last 30 years, as well as a response
to concerns and issues identified by the
states and regulated community.
DATES: Comments must be received on
or before November 24, 2015.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
RCRA–2012–0121, to the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or withdrawn. The EPA may
publish any comment received to its
public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e. on the web,
cloud, or other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jim
O’Leary, U.S. Environmental Protection
Agency, Office of Resource
Conservation and Recovery, (MC:
5304P), 1200 Pennsylvania Ave. NW.,
Washington, DC 20460, (703) 308–8827,
(oleary.jim@epa.gov) or Kathy Lett, U.S.
Environmental Protection Agency,
Office of Resource Conservation and
Recovery, (MC: 5304P), 1200
Pennsylvania Ave. NW., Washington,
DC 20460, (703) 605–0761, (lett.kathy@
epa.gov).
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
Entities potentially affected by this
action include between 353,000 and
543,000 industrial entities that generate
hazardous waste regulated under the
RCRA Subtitle C regulations. Of this
universe, between 293,000 and 470,000
are conditionally exempt small quantity
generators (CESQGs) that will only be
affected if they choose to take advantage
of two voluntary programs being
proposed. Entities potentially affected
by this proposed rule include
practically every industrial sector,
including printing, petroleum refining,
chemical manufacturing, plastics and
resin manufacturing, pharmaceutical
manufacturing, paint and coatings, iron
and steelmaking, secondary smelting
and refining, metal manufacturing,
electroplating, circuit board
manufacturing, and automobile
manufacturing, among other industries.
As discussed in section XVIII, the
Regulatory Impact Analysis (RIA) for
this action, available in the docket for
this action, estimates the future
annualized cost to industry to comply
with the proposed requirements is
between $6.2 and $17.4 million (at a 7%
discount rate). The annualized benefits
for entities opting to take advantage of
two voluntary programs in the proposed
rule (e.g., consolidation of CESQG waste
by large quantity generators (LQGs)
under the same ownership, and
generators who change regulatory status
episodically) is between $6.2 and $12.2
million (at a 7% discount rate) resulting
PO 00000
Frm 00002
Fmt 4701
Sfmt 4702
in a net annualized cost of between $0.1
million and $5.2 million.
The proposed Hazardous Waste
Generator Improvements Rule is
expected to yield a variety of benefits as
generators change several of their waste
management practices to comply with
the proposed regulations. These benefits
reflect the rule’s focus on enhancing
protection of human health and the
environment while improving the
efficiency of the RCRA hazardous waste
generator standards. Ideally, the Agency
would prefer to quantify and monetize
the rule’s total benefits. However, only
some categories of benefits are
quantifiable. For the majority of
benefits, sufficient data are not available
to support a detailed quantitative
analysis. For example, the added
flexibility from allowing a large quantity
generator accumulating ignitable or
reactive hazardous waste to obtain a
waiver from the local fire department
for 50-foot property line requirement at
40 CFR 265.176 (provided other safety
requirements are met) is difficult to
quantify. In addition, quantifying the
benefits associated with emergency
response due to changes in container
labeling would require data on the
annual number of emergencies at
generator sites, the current risks
associated with these incidents, the
extent to which more detailed labeling
would affect the procedures of
emergency responders, and the
reduction in risk associated with these
changes. Detailed data on these items
are not readily available. In this and in
similar cases, the benefits are described
qualitatively.
B. Incorporation by Reference (IBR)
This action is not proposing to add
any new IBR material, however, we are
proposing to reorganize one of the
existing requirements containing IBR
material to make the regulation easier
for the reader to follow. We are
proposing to copy § 265.201(g)(2) to
§ 262.16(b)(3)(vii)(B). To accommodate
this change, we are proposing to update
§ 260.11(d)(1), which is the IBR
reference section for these regulations,
by adding a reference to § 262.16. The
materials for which we are seeking
incorporation by reference are for the
NFPA 30 standard, Flammable and
Combustible Liquids Code, and are
available for inspection at the ANSI
Incorporation by Reference (IBR) Portal,
https://ibr.ansi.org. Copies may be
obtained from the National Fire
Protection Association, 1 Batterymarch
Park, Quincy, MA 02269. (For ordering
information, call toll-free 1–800–344–
3555.)
E:\FR\FM\25SEP2.SGM
25SEP2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
II. Statutory Authority
These regulations are proposed under
the authority of sections 2002, 3001,
3002, 3003, 3004, 3007, and 3010 of the
Solid Waste Disposal Act of 1965, as
amended by the Resource Conservation
and Recovery Act of 1976 (RCRA), as
amended by the Hazardous and Solid
Waste Amendments of 1984 (HSWA), 42
U.S.C. 6921, 6922, 6923, and 6924. This
statute is commonly referred to as
‘‘RCRA.’’
III. What is the intent of this proposal?
EPA is proposing to revise the
hazardous waste generator regulations
under RCRA to improve compliance by
the regulated community and support
the efficient implementation of the
hazardous waste generator regulations
by EPA and the states and, thereby
enhance protection of human health and
the environment. Specifically, EPA
proposes to (1) revise certain
components of the hazardous waste
generator regulatory program, primarily
at 40 CFR 261.5 and 40 CFR part 262;
(2) address identified gaps in the
regulations; (3) provide greater
flexibility for hazardous waste
generators to manage their hazardous
waste in a cost-effective and protective
manner; (4) reorganize the hazardous
waste generator regulations to make
them more user-friendly and thus
improve their usability by the regulated
community; and (5) make technical
corrections and conforming changes to
address inadvertent errors, remove
obsolete programs, and improve the
readability of the regulations.
These proposed changes are a result
of EPA’s experience in implementing
and evaluating the hazardous waste
generator program over the last 30 years,
as well as a response to concerns and
issues identified by the states and
regulated community.
The hazardous waste generator
regulatory program was originally
promulgated in 1980. Over the course of
the last 30 plus years, the Agency,
through experience with implementing
the program, and in various meetings,
correspondence, and discussions with
the states and the regulated community,
has become aware of ambiguities,
inconsistencies, gaps, and a lack of
flexibility in the regulations, which, if
revised, could result in a program that
is more effective in protecting human
health and the environment. Many of
these problems were identified in a
2004 program evaluation of the
hazardous waste generator program
conducted by EPA.1 In 2013, a separate
1 Summary of Hazardous Waste Generator
Regulatory Program Evaluation, November 2004.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
EPA program evaluation addressing
hazardous waste determinations also
identified a number of problems related
to generators being able to make a
proper hazardous waste determination.2
Several of the proposed provisions are
also responsive to the 2014 Notice of
Data Availability that EPA issued on the
retail sector asking for comment on
hazardous waste management practices
in that sector and on challenges they
face in complying with RCRA (79 FR
8926, February 14, 2014).
Many of the changes in this proposal
are revisions to existing rules designed
to improve generator compliance
without any increase in burden. For
example, the Agency has inconsistently
addressed the situation where a
generator generates both acute and nonacute hazardous waste in a calendar
month. This inconsistency has resulted
in uncertainty for the generator
regarding what generator category, and
thus which regulatory provisions,
would apply during that calendar
month. This proposal addresses the
problem. The Agency is also proposing
to replace the phrase ‘‘conditionally
exempt small quantity generator’’
(CESQG) with the phrase ‘‘very small
quantity generator’’ (VSQG) so as to be
consistent with the other two generator
categories—large quantity generators
(LQGs) and small quantity generators
(SQGs).
Another area of the program that
needs revision is the closure regulations
for hazardous waste generators under
§ 262.34(a)(1). The regulations do not
expressly specify whether closure
provisions apply to generators
accumulating hazardous waste in
containment buildings only or also to
hazardous waste accumulated in
containers, tanks and on drip pads. This
notice proposes to revise the closure
provisions to address these and other
concerns.
The Agency is also proposing changes
to improve flexibility for generators of
hazardous wastes. One example is the
proposal to enhance flexibility by
allowing conditionally exempt small
quantity generators (CESQGs) to send
hazardous waste to an LQG that is under
the control of the same person, provided
certain conditions are met. Numerous
situations exist in industry, government,
and academia where an organization
with satellite locations that qualify as
CESQGs could take advantage of this
provision in order to consolidate and
See also public comments in Docket ID No. EPA–
HQ–RCRA–2003–0014.
2 Hazardous Waste Determination Program
Evaluation, IEc, April 2013. https://www.epa.gov/
evaluate/pdf/waste/haz-waste-determination.pdf.
PO 00000
Frm 00003
Fmt 4701
Sfmt 4702
57919
manage the hazardous waste in an
environmentally sound manner. In
addition, this proposal addresses the
concern that some generators, such as
generators located in urban
environments, may find it difficult to
meet the independent requirement that
containers holding ignitable or reactive
waste must be placed 15 meters (50 feet)
from the site’s property line. To build in
flexibility, while maintaining protection
of human health and the environment,
we are proposing to allow generators to
apply for a waiver from this requirement
from their local fire department or
emergency response organization, and if
approved, maintain documentation of
that agreement.
The Agency is also proposing to
reorganize the hazardous waste
generator regulations to make them
more user-friendly for various
stakeholders. For example, the current
CESQG regulations are found at § 261.5,
while the regulations for SQGs and
LQGs are found in 40 CFR part 262. For
convenience and ease of use, the
Agency is proposing to move all the
generator regulations into 40 CFR part
262. As a result of this reorganization,
EPA is proposing to make a number of
conforming changes to other parts of the
regulations that cite particular sections
of the part 262 regulations.
Lastly, the Agency is proposing to
make several technical corrections that
address inadvertent errors in the
regulations, obsolete programs, and
outdated citations.
IV. What is the scope of this proposal?
EPA is proposing to revise the
hazardous waste generator regulations,
primarily at 40 CFR 261.5 and
throughout 40 CFR part 262. The
Agency is also proposing some changes
to parts 260, 263, 264, 265, 268, 270,
273, and 279 mostly for the purposes of
maintaining consistency with the
proposed changes in part 262.
The preamble discussion of these
proposed changes is organized by where
the existing regulations currently appear
in the Code of Federal Regulations
(CFR). The preamble to this proposed
rule first addresses changes to the
substance of the existing generator
provisions, as well as a number of
related changes (sections VI through
XII). These proposed revisions are
discussed using existing regulatory
citations to make the discussion easier
to understand by those already familiar
with the hazardous waste generator
regulations. In the cases where the
Agency is proposing to revise a
regulation and is also proposing to move
it as part of the reorganization, the new
citation for the provision in the
E:\FR\FM\25SEP2.SGM
25SEP2
57920
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
proposed regulatory text is provided at
the end of that section of preamble
discussion.
Following those sections, a discussion
of the proposed reorganization of the
hazardous waste generator regulations is
presented (section XIII), including
where the existing regulatory sections
would be located in the proposed
reorganization. As part of this
discussion, we have provided a
crosswalk table that compares where a
particular regulatory section is currently
in the regulations and where it would
appear under the proposed
reorganization.
Finally, a number of technical
corrections are discussed (section XIV).
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
A. Proposed Revisions to 40 CFR Part
260—Hazardous Waste Management
System: General
EPA is proposing to revise the
definition of ‘‘small quantity generator’’
and add definitions for the other two
generator categories as well as a
definition for ‘‘central accumulation
area’’ in § 260.10. In addition, we
propose to change the name of the
‘‘conditionally exempt small quantity
generator’’ category to ‘‘very small
quantity generator’’ or VSQG.3 These
proposed changes are discussed in
section VI of this preamble.
B. Proposed Revisions to 40 CFR Part
261—Identification and Listing of
Hazardous Waste
EPA is proposing four changes to the
regulations currently in 40 CFR part
261. First, EPA is proposing to add a
new provision that would explain what
generator category would apply to a
generator that generates both acute and
non-acute hazardous waste in the same
calendar month. Second, the Agency is
proposing to revise the regulations at
§§ 261.5(h) and (i) and 261.3 that
address the mixing of a non-hazardous
waste with a hazardous waste. Third, to
make waste management more efficient
in some cases and improve
environmental protection, the Agency is
proposing to amend § 261.5(f)(3) and
(g)(3) to allow CESQGs to send their
hazardous waste to LQGs that are
operated under control of the same
person. Under this proposal, a CESQG
that wants to take advantage of this
provision would need to comply with
the proposed requirements. Finally, the
Agency is proposing to amend § 261.6(c)
3 Despite this proposed change, in the preamble,
EPA will continue refer to this category as CESQGs
to make it easier to follow the other changes to the
generator being proposed. We will use the term
‘‘VSQG’’ when directly quoting proposed regulatory
text. This change is discussed fully in section VI of
this preamble.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
to require biennial reporting for owners
or operators of facilities that recycle but
do not store hazardous waste before the
recycling.
These proposed changes are discussed
in section VII of this preamble.
C. Proposed Revisions to 40 CFR Part
262—Standards Applicable to
Generators of Hazardous Waste
EPA is proposing a number of changes
to the regulations for generators of
hazardous waste at 40 CFR part 262 to
improve the understanding of the RCRA
generator regulations in order to
encourage increased compliance by the
regulated community. These proposed
changes include the following:
• Revising the scope and applicability
section to distinguish between
independent requirements and
conditions for exemption for generators
of hazardous waste.
• Revising the regulations for making
hazardous waste determinations;
• Requiring re-notification by SQGs
and LQGs;
• Revising the regulations for labeling
and marking of containers, tanks, drip
pads, and containment buildings when
accumulating hazardous wastes;
• Revising the closure provisions for
LQGs;
• Updating the preparedness,
prevention, planning and emergency
procedures provisions for SQGs and
LQGs;
• Revising the provisions for satellite
accumulation areas (SAA) for SQGs and
LQGs;
• Revising the SQG regulations for
accumulating hazardous waste on drip
pads;
• Deleting obsolete regulations that
refer to the Performance Track program;
• Revising the biennial reporting
provisions for LQGs;
• Adding a provision that hazardous
waste generators are prohibited from
disposing liquid hazardous waste in
landfills.
These proposed changes to the
generator regulations in part 262 are
discussed in section VIII of this
preamble.
D. Proposed Addition to 40 CFR Part
262 for Generators That Temporarily
Change Generator Category as a Result
of an Episodic Event
To provide greater program flexibility,
EPA is proposing to allow a CESQG or
an SQG to maintain its existing
generator category in the event of either
a planned or unplanned episodic event
in which the CESQG or SQG generates
a quantity of hazardous waste in a
calendar month that would otherwise
bump the CESQG or SQG into a more
PO 00000
Frm 00004
Fmt 4701
Sfmt 4702
stringent generator regulatory category
(e.g., CESQG to either an SQG or an
LQG, or alternatively an SQG to an
LQG), provided certain conditions are
met. Because these events would be
temporary and episodic in nature, the
generator would only be allowed to take
advantage of this provision once every
calendar year. Generators may also
petition EPA or the authorized state to
request permission to initiate a second
episodic event during a calendar year.
This proposed addition to the
regulations is discussed in section IX of
this preamble.
E. Proposed Revisions to 40 CFR Part
263—Standards Applicable to
Transporters of Hazardous Waste
To improve environmental protection,
EPA is proposing to revise the marking
and labeling standards for transporters
to be consistent with the proposed
marking and labeling standards for
containers for SQGs, LQGs, and satellite
accumulation areas elsewhere in this
proposal.
These proposed changes are discussed
in section X of this preamble.
F. Proposed Revisions to 40 CFR Parts
264 and 265—Standards for Owners
and Operators of Hazardous Waste
TSDFs and Interim Status Standards for
Owners and Operators of Hazardous
Waste TSDFs
The Agency is proposing
modifications to the biennial reporting
provisions in 40 CFR parts 264 and 265
to specifically include facilities
receiving hazardous wastes without a
permit, such as reclaimers that do not
store incoming materials and reclaimers
operating under a variance. EPA is also
proposing to modify the special
conditions for ignitable and reactive
wastes at § 265.176 to allow LQGs to
apply for a waiver from their local fire
departments if they are unable to meet
the condition that hazardous waste be
stored at least 15 meters (50 feet) from
the site’s boundary.
These proposed changes are discussed
in section XI of this preamble.
G. Proposed Revisions to 40 CFR Part
268—Land Disposal Restrictions
EPA is proposing to revise the
marking and labeling requirements at
§ 268.50 to be consistent with the
proposed marking and labeling
standards for containers at SQGs, LQGs,
and satellite accumulation areas
elsewhere in this proposal. These
proposed changes are discussed in
section XII of this preamble.
E:\FR\FM\25SEP2.SGM
25SEP2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
H. Proposed Reorganization of
Hazardous Waste Generator Regulations
In addition to the proposed program
changes outlined in this notice, EPA is
proposing to reorganize the regulations
for hazardous waste generators to
consolidate most of the generator
regulations into 40 CFR part 262 and
reduce cross-referencing where possible.
EPA believes this reorganization will
assist CESQGs, SQGs, and LQGs in
understanding their regulatory
responsibilities.
The reorganization is discussed after
completion of the other proposed
changes in this proposal so that readers
can more easily compare the existing
regulatory framework with this
proposal.
The reorganization is discussed in
section XIII of this preamble.
I. Technical Corrections and
Conforming Changes to 40 CFR Parts
260 Through 265, 270, 273, and 279
The Agency is proposing a number of
technical corrections and conforming
changes to correct existing errors in the
hazardous waste generator regulations,
as well as in other areas of the
hazardous waste regulations, such as
typographical mistakes, incorrect or
outdated citations, and omissions of
text. In addition, EPA is proposing
technical changes to address the
impacts of reorganizing the hazardous
waste regulations.
These changes are discussed in
section XIV of this preamble.
J. Request for Comment on Use of
Electronic Tools To Streamline
Hazardous Waste Reporting and
Recordkeeping Requirements
As part of this proposed rule, the
Agency is also exploring the feasibility
of using electronic tools to streamline
the hazardous waste recordkeeping and
reporting requirements. EPA requests
comment on the usefulness of such tools
to help the regulated community
comply with the recordkeeping and
reporting requirements in the RCRA
hazardous waste regulations.
This request for comment is discussed
in section XV of this preamble.
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
V. Background
A. History of the Hazardous Waste
Generator Program
As originally promulgated in 1980,
the basic regulatory framework for
hazardous waste generators consisted of
two categories: Small quantity
generators (SQGs) and large quantity
generators (LQGs). Since then, there
have been three major changes. First, as
a result of the Hazardous and Solid
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
Waste Amendments (HSWA) of 1984, a
rule was promulgated that created a
third generator category by splitting the
SQG category in two and creating
conditionally exempt small quantity
generators (CESQGs). (51 FR 10146,
March 24, 1986).4
Second, also as a result of HSWA, the
Land Disposal Restriction (LDRs)
regulations required hazardous waste
generators to ensure that their
hazardous waste either met a specified
treatment standard or performance
standard, or, if not, was treated to
specified concentrations or performance
standards prior to land disposal.5
Third, the Agency modified the
Uniform Hazardous Waste Manifest
regulations and associated manifest
document used to track hazardous waste
from a generator’s site to its ultimate
disposition (70 FR 10776, March 4,
2005; 70 FR 35034, June 16, 2005). The
revisions to the Uniform Hazardous
Waste Manifest standardized the
content and appearance of the manifest
form, made the forms available from a
greater number of sources, and adopted
new procedures for tracking certain
types of hazardous waste shipments
with the manifest. Otherwise, the
changes that have occurred to the
hazardous waste generator regulatory
program have been, for the most part,
relatively minor.
B. The Current Hazardous Waste
Generator Regulations
1. Determining Generator Category
The hazardous waste generator
regulatory program is structured around
the quantity of hazardous waste a
person (or generator) generates in a
calendar month (by site). The quantity
of hazardous waste generated
determines a generator’s category for the
month, which in turn determines what
requirements are applicable to the
generator (including determining how
the generator can qualify for an
exemption from other regulations, such
as having to get a storage permit).
The three generator categories—LQG,
SQG, and CESQG—are based on the
quantities of acute and non-acute
hazardous waste generated by the
generator.
For non-acute hazardous waste, the
thresholds are as follows:
—LQGs generate 1,000 kilograms or
greater of hazardous waste in a calendar
month.
—SQGs generate greater than 100
kilograms but less than 1,000 kilograms
4 Known
as the Small Quantity Generator rule.
Disposal Restrictions, https://www.epa.gov/
osw/hazard/tsd/ldr/index.htm.
5 Land
PO 00000
Frm 00005
Fmt 4701
Sfmt 4702
57921
of hazardous waste in a calendar month;
and
—CESQGs generate no more than 100
kilograms of hazardous wastes in a
calendar month.
For acute hazardous waste, the
regulations at 40 CFR 261.5(e) state that
if a generator generates acute hazardous
waste in a calendar month in quantities
greater than a total of one kilogram of
acute hazardous waste listed in § 261.31
or 261.33(e) or a total of 100 kilograms
of any residue or contaminated soil,
waste, or other debris resulting from the
cleanup of a spill of any acute
hazardous waste listed in § 261.31 or
261.33(e), then all quantities of that
acute hazardous waste are subject to the
full set of LQG requirements.6
In order to determine what
requirements are applicable, a generator
must first identify all the hazardous
waste it generates subject to regulation
using the four-step process below:
1. Determine whether the material is
a solid waste subject to RCRA
regulations at § 261.2;
2. If the material is a solid waste, then
determine whether the solid waste is
specifically excluded from regulation by
examining the exclusions at § 261.4(a)
and (b);
3. If not excluded, then determine
whether the solid waste is a hazardous
waste at § 262.11; and
4. If the material is a hazardous waste,
then determine whether it is exempt
from being counted towards its
generator category by reviewing the
exemptions at § 261.5(c) and (d).
Once that is completed, the generator
must count the amount of regulated
hazardous waste generated during the
calendar month to determine its
generator category.
Once a generator determines its
generator category for the month, it then
must manage the hazardous waste it
generates and accumulates in a manner
that complies with specified
requirements, including requirements
that qualify the generator for an
exemption from having to obtain a
permit.7 Therefore, determining a
generator’s category is essential to
6 One of the technical corrections EPA is
proposing with this rulemaking is to replace the
word ‘‘waste’’ in this definition with the word
‘‘water.’’ This would return the definition to what
it read before it was changed, we believe
accidentally, in 1985. See section XIV of this
preamble for a discussion of the proposed technical
corrections.
7 Note that the exemptions provided by the
regulations are not just for a permit exemption. The
exemption is also from RCRA section 3004(a)(1)–(6)
regulations; i.e., the regulations in 262 and 264, 267,
etc.
E:\FR\FM\25SEP2.SGM
25SEP2
57922
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
determining the part 262 requirements a
generator must comply with.
2. Types of Generator Standards:
Requirements and Conditions
When RCRA was enacted in 1976, the
law did not explicitly address whether
a permit would be required for
generators accumulating hazardous
wastes. However, it was clear in the
legislative history of RCRA that
Congress did not want to interfere with
commerce and impose permitting
requirements on every generator who
accumulated hazardous wastes.
Therefore, Congress deferred to EPA in
how it would reconcile this issue. When
EPA developed the regulations
applicable to generators, it established
two types of requirements for them: (1)
Independent requirements that would
apply to generators regardless of
whether or not they choose to obtain an
exemption from the permit requirement
and from other applicable requirements
(‘‘independent requirements’’); and (2)
requirements to meet in order to achieve
the specific purpose of obtaining such
an exemption from permitting and from
other applicable requirements
(‘‘conditions for exemption’’).
An ‘‘independent requirement’’ in the
context of the RCRA hazardous waste
generator regulations is an unqualified
standard. For example, the requirements
of 40 CFR part 262 subpart D
(Recordkeeping and Reporting), and the
requirements in §§ 262.30 through
262.33, are among the independent
requirements applicable to generators. If
a generator violates an independent
requirement, it may be subject to an
enforcement action under section 3008
of RCRA. Unlike conditions for an
exemption, independent requirements
have no direct relationship to the option
of obtaining or maintaining an
exemption from certain RCRA
regulations.8
A ‘‘condition for exemption,’’ on the
other hand, is a prerequisite that is
necessary to occur or be met in order for
something else to take legal effect. Thus,
in the context of the RCRA hazardous
waste generator regulations, a RCRA
‘‘condition for exemption’’ is a
requirement that a generator must
comply with in order to obtain or
maintain an exemption from RCRA
permitting requirements in part 270 and
the requirements in part 264 or part 265.
For example, a conditionally exempt
small quantity generators (CESQGs)
8 EPA is proposing to make the distinction
between ‘‘independent requirement’’ and
‘‘condition for exemption’’ more clear by placing
definitions of these terms in the regulations at
§ 262.1. See section VIII.A.1 for additional
discussion.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
must meet a condition for exemption in
order for its hazardous waste to be
exempt from the requirements in parts
124, 262 through 266, 268, or 270, or
from any requirement for notification
under section 3010 of RCRA for its
hazardous waste. A CESQG that fails to
meet all of the conditions for an
exemption for CESQGs in § 261.5 would
now be subject to all these
requirements.
The conditions for exemption
available to large and small quantity
generators are found in the current
regulations at § 262.34.9 Should a small
quantity generator or large quantity
generator fail to meet all the conditions
for an exemption, it would not only be
subject to having to obtain a permit
under part 270 but also to the
requirements in part 264 or part 265.
As stated above, complying with the
conditions for exemption is not required
because it is not mandatory for a
generator to obtain and maintain an
exemption from RCRA permitting
requirements. Instead, when a generator
does not comply with a certain
condition or conditions for exemption,
the consequence is that the generator
either fails to obtain—or loses—the
exemption from the RCRA permitting
requirements (unless it has complied
with all of the conditions for a different
applicable exemption from those
requirements). This means that, because
there is no exemption, permitting
requirements become applicable to the
generator for the same time period that
the generator is out of compliance with
the conditions for exemption.
3. Types of Conditional Exemptions
The current RCRA regulations afford
generators two types of conditional
exemptions: (1) An exemption from
most of the 40 CFR part 262
requirements, available to farmers and
to CESQGs, and (2) an exemption from
40 CFR parts 124, 264 through 268, 270,
and 279 requirements, and from the
notification requirements of section
3010 of RCRA, available to SQGs and
LQGs that accumulate hazardous waste.
The first conditional exemption is
available only to farmers and CESQGs.
With respect to farmers, this conditional
exemption is found in part 262 subpart
G and is limited to waste pesticides that
are RCRA hazardous wastes that the
farmer generates, provided the farmer
triple rinses each emptied pesticide
container in accordance with
§ 261.7(b)(3) and disposes of the
pesticide residues on his own farm in a
9 Under this proposed rule these conditions for
exemption would be moved to proposed sections
§§ 262.14 through 262.17.
PO 00000
Frm 00006
Fmt 4701
Sfmt 4702
manner consistent with the disposal
instructions on the pesticide label. This
exemption from part 262 relieves
farmers and CESQGs from the
requirements related specifically to the
generation, management, and
transportation of hazardous wastes
provided such waste meets certain
conditions, including that the waste is
treated or disposed of on site or is
delivered to an off-site treatment,
storage, or disposal facility which is
located in the United States and is one
of seven specified types of facilities.
Provided the farmer and/or CESQG
meets these conditions, they are not
subject to the 40 CFR part 262, as well
as other hazardous waste management
requirements.
The second type of conditional
exemption relieves generators that
accumulate hazardous waste from the
permitting and other requirements
applicable to treatment, storage, and
disposal facilities and makes temporary
accumulation of hazardous waste
possible for generators and is found in
§ 262.34. In EPA’s experience, virtually
every generator accumulates or stores its
hazardous waste on site for some period
before sending it to either an on-site or
off-site permitted or interim status
treatment storage or disposal facility
(TSDF) or other RCRA-authorized
disposal site. However, provided the
generator meets the conditions in this
exemption, they would not be subject to
the permitting requirements and
operations requirements applicable to a
hazardous waste management facility
for storage, or a ‘‘storage facility.’’ 10
The generator regulations in part 262,
therefore, are made up of both
independent requirements and
conditions for exemptions. All
generators are subject to at least one
requirement in part 262 (i.e., making a
hazardous waste determination);
however, the total number of part 262
requirements applicable to a generator
depends on the total quantity of
hazardous waste it generates each
calendar month and therefore what
generator category it is for that month.
All generators can choose the extent of
their regulation under RCRA by either
meeting, or failing to meet, all of the
conditions for an exemption from
regulation as a storage facility.
Of all the generators, LGQs are subject
to the most independent requirements.
The current regulations at § 262.34(a)
are quite clear for LQGs where they state
that a generator may accumulate
hazardous waste on-site for 90 days or
less without a permit or without having
10 See 40 CFR 270.2 (‘‘hazardous waste
management facility’’).
E:\FR\FM\25SEP2.SGM
25SEP2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
interim status, provided that it meets
the listed conditions for the exemption.
These conditions relate to the technical
requirements for containers, tanks, drip
pads, and containment buildings, in
addition to marking and labeling of
containers, closure, personnel training,
emergency response procedures, and
contingency planning. In effect, should
an LQG not meet any one of these
conditions, it would be operating
illegally without a permit. The same
regulatory framework applies to
CESQGs and SQGs, but with different
conditions.
SQGs have fewer independent
requirements and conditions for
exemption than LQGs. In particular,
SQGs have longer accumulation time
limits than LQGs (up to 180 days, or 270
days, if the hazardous waste is shipped
greater than 200 miles) and have fewer
regulations related to personnel
training, contingency planning, and
emergency response procedures. SQGs
also do not have to submit biennial
reports. However, like LQGs, SQGs must
obtain an EPA ID number, meet the
technical standards for containers and
tanks, comply with manifesting
regulations, and send their hazardous
waste to a RCRA permitted hazardous
waste TSDF. In addition, SQGs may not
accumulate more than 6,000 kilograms
of hazardous waste at any one time.
CESQGs have very few conditions.
Specifically, in order for CESQGs to be
excluded from 40 CFR parts 124, 262
through 266, 268, and 270 and the
notification requirements of section
3010 of RCRA, they must (1) make
correct hazardous waste
determinations; 11 (2) accumulate no
more than 1,000 kilograms of hazardous
waste at any one time or accumulate no
more than the quantities of acute
hazardous wastes set forth in
§ 261.5(e)(1) or (2) at any one time; and
(3) send hazardous waste to one of
seven specified types of facilities
57923
described in §§ 261.5(e)(3) and
261.5(g)(3).12 All other regulations
applicable to LQGs and SQGs are not
applicable to CESQGs that comply with
these conditions.
Table 1—Summary of Generator
Regulations provides a summary of
requirements that represent conditions
for an exemption for CESQGs, SQGs and
LQGs. As noted in the table, the
category ‘‘Conditions for Exemption’’
applies to such requirements as the
quantity generated and accumulated,
accumulation time, the technical
standards for containers, tanks, drip
pads and containment buildings,
marking and labeling, personnel
training, contingency planning and
emergency procedures. It is important to
note that a waste determination is an
independent requirement for SQGs and
LQGs, whereas it is a condition for
exemption for CESQGs as defined at
§ 261.5(f)(1) and (g)(1).13
TABLE 1—SUMMARY OF GENERATOR REGULATIONS
CESQGs
Generator Category ..............
SQGs
LQGs
≤100 kg/month .................................
≤1 kg/month of acute hazardous
waste.
≤100 kg/month of acute spill residue
or soil.
§§ 261.5(a) and (e) ..........................
>100 and <1,000 kg/month .............
≤1 kg/month of acute hazardous
waste.
≤100 kg/month of acute spill residue
or soil.
§§ 262.34(d) and 261.5(e) ...............
≥1,000 kg/month
>1 kg/month of acute hazardous
waste
>100 kg/month of acute spill residue
or soil
§§ 262.34(a) and 261.5(e).
Conditions for Exemption
Hazardous Waste Determination.
On-Site Accumulation Quantity.
Satellite accumulation ..........
Accumulation Time Limits ....
§ 262.11 ...........................................
N/A ...................................................
N/A.
≤1,000 kg .........................................
≤1 kg acute ......................................
≤100 kg of acute spill residue or soil
§ 261.5(f)(2) and (g)(2) ....................
Not applicable ..................................
None ................................................
≤6,000 kg .........................................
§ 262.34(d)(1) ...................................
No limit.
§ 262.34 (c)(1) and (2) .....................
≤180 days or ≤270 days (if greater
than 200 miles).
§ 262.34(d)(2) and (3) ......................
Reduced standards for the management of hazardous waste in containers and tanks.
§ 262.34(d)(2) and (3) ......................
§ 262.34 (c)(1) and (2).
≤90 days.
§ 262.34(a).
§ 261.5 (f)(1) and (2); § 261.5 (g)(1)
and (2).
Sent To: ................................
Personnel Training ...............
One of seven state approved or
RCRA permitted/interim status facilities.
§ 261.5(f)(3) and (g)(3) ....................
Not required .....................................
Marking and labeling ............
Contingency Plan .................
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
Accumulation Conditions ......
Not required .....................................
Not required .....................................
11 Making a correct hazardous waste
determination is a condition for the exemption for
CESQGs but an independent requirement for SQGs
and LQGs.
12 A CESQG may send hazardous waste to the
following types of facilities: (1) A hazardous waste
facility permitted by EPA; (2) an interim status
hazardous waste facility; (3) a hazardous waste
facility permitted by an authorized state; (4) a
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
RCRA permitted/interim status facility.
Reduced training standards .............
§ 262.34(d)(5)(iii) ..............................
§ 262.34 (a)(2) and (3) .....................
Reduced standards ..........................
§ 262.34(d)(5)(i) ...............................
facility permitted, licensed or registered by a state
to manage municipal solid waste; (5) a facility
permitted, licensed or registered by a state to
manage non-municipal non-hazardous solid waste;
(6) a facility which beneficially uses or reuses or
legitimacy recycles or reclaims its wastes or treats
its waste prior to beneficial use or reuse or
legitimacy recycling or reclamation; or (7) universal
waste handler or destination facility subject to the
PO 00000
Frm 00007
Fmt 4701
Sfmt 4702
Full compliance for management of
hazardous waste in containers,
tanks, drip pads, or containment
buildings.
§ 262.34(a).
RCRA permitted/interim status facility.
Full compliance with §§ 265.16 and
262.34(a)(4).
§ 262.34 (a)(2) and (3).
Full compliance with part 265 subparts C and D.
§ 262.34(a)(4).
requirements in 40 CFR part 273. The Agency is
proposing an eighth location where CESQGs would
be allowed to send their hazardous wastes (e.g., an
LQG within the same company provided specified
conditions are met).
13 Note that state hazardous waste programs may
be more stringent than the federal program and also
broader in scope.
E:\FR\FM\25SEP2.SGM
25SEP2
57924
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
TABLE 1—SUMMARY OF GENERATOR REGULATIONS—Continued
SQGs
LQGs
Emergency Procedures ........
Not required .....................................
Part 265 subpart C ..........................
§ 262.34(d)(5)(iv) ..............................
Closure .................................
Not required .....................................
Not required .....................................
Land Disposal Restrictions ...
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
CESQGs
Not required .....................................
40 CFR 262.34(a)(4)/40 CFR part
268.
Full compliance with part 265 subparts C and D.
§ 262.34(a)(4).
§ 262.34(a)(1)(iv)/§§ 265.111
and
265.114.
40 CFR 262.34(a)(4)/40 CFR part
268.
C. Hazardous Waste Generator
Demographics
In 2011, 16,447 generators reported
generating approximately 34.4 million
tons of hazardous waste.14 Of the 16,447
generators, 14,262 were LQGs and 2,185
were non-LQGs, meaning these entities
submitted a biennial report but did not
report generating sufficient amounts of
hazardous waste to be categorized as an
LQG.
The fifty largest hazardous waste
generators reported generating 28.7
million tons, or 83 percent of the total.
Additionally, 3,148 generators, or
approximately 19 percent of the total
reporting universe, reported generating
only one hazardous waste stream, while
8,435 generators, or 51 percent of the
total reporting universe, reported
generating between one and five
hazardous waste streams.15 At the other
extreme were 843 generators, or 5
percent of the total reporting universe,
that reported generating 41 or more
hazardous waste streams. These
generators included sites from the waste
treatment industry as well as academic
and industrial laboratories.
Of the 34.4 million tons of hazardous
waste generated in 2011, 30.5 million
tons, or 89 percent, were generated in
just five industrial sectors: Basic
Chemical Manufacturing (which alone
accounted for 55 percent of the
hazardous waste generated); Petroleum
and Coal Products Manufacturing,
Waste Treatment and Disposal;
Pesticide, Fertilizer, and Other
Chemical Manufacturing; and Iron and
Steel Mills and Ferroalloy
Manufacturing.
Unlike LQGs, who must submit a
biennial report every two years
describing the types and quantities of
hazardous waste generated and its
subsequent disposition, SQGs are not
required to provide such information to
the Agency. Consequently, the Agency
lacks the level of detail for SQGs that is
14 EPA’s National Biennial RCRA Hazardous
Waste Report (Based on 2011 Data) https://
www.epa.gov/osw/inforesources/data/br11/
index.htm.
15 Summary of the number of GM forms
submitted by LQGs in 2011 Biennial Report.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
available for LQGs. However, based on
a review of biennial report data
provided by treatment, storage, and
disposal facilities (which must report
waste received from all hazardous waste
generators) and site identification data
(from SQGs obtaining an EPA ID
number), EPA estimates the number of
SQGs to range from 45,762 to 59,702.16
Because CESQGs are not required to
obtain a RCRA ID, the information
available to the Agency is limited to
those states that require their CESQGs to
obtain a RCRA ID. Therefore, in
estimating the size of the CESQG
universe, the Agency developed a
methodology that extrapolated the size
of the CESQG universes based on the
data available in those states that
require CESQGs to obtain a RCRA ID.
We first established a ratio of SQGs to
CESQGs in those states where
information was available on the
CESQG universe and then used that
ratio to estimate the size of a state’s
CESQG universe where CESQG
information was unavailable. Using this
methodology, EPA currently estimates
the size of the CESQG universe to range
from 302,807 to 425,752.17 However, we
believe this range most likely
underestimates the true number of
CESQGs because we believe there are
many more facilities unaware of their
obligations under the RCRA hazardous
waste regulations and the need to
conduct correct hazardous waste
determinations.
16 Estimate of Total Number of SQGs and
CESQGs, July 2013. We estimated this range by
doing the following: (1) Identifying hazardous waste
generators who shipped hazardous waste off site in
2007, 2009, and 2011 using the Biennial Report’s
WR form and (2) cross walking that universe with
data received from Site ID forms to identify the
‘‘active’’ SQG universe. The high-end estimate
represents SQGs who shipped hazardous waste off
site in any one of the three Biennial Report cycles,
since many hazardous waste generators fluctuate in
the regulatory status from year to year. The estimate
also includes new SQGs who notified after the 2011
biennial report. The low-end represents SQGs who
shipped hazardous waste off site in 2011 only as
well as new SQG notifiers. A copy of the results can
be found in the docket to this proposal.
17 Methodology to Estimate the National Number
of CESQGs, July 2013.
PO 00000
Frm 00008
Fmt 4701
Sfmt 4702
D. 2004 Hazardous Waste Generator
Program Evaluation
On April 22, 2004, EPA published the
‘‘Hazardous Waste Generator Program
Evaluation’’ Advanced Notice of
Proposed Rulemaking (69 FR 21800).
The purpose of the April 2004 notice
was to seek information from
stakeholders in order to evaluate the
effectiveness of the RCRA hazardous
waste generator program, as well as to
identify areas for potential
improvement.
Specifically, the April 2004 notice
requested that stakeholders answer a
series of questions in a number of areas
of the hazardous waste generator
regulatory program, including program
effectiveness, improvements,
redundancy, innovation, performance,
burden reduction, pollution prevention
and recycling, and priorities. Questions
included whether the existing RCRA
hazardous waste generator regulatory
program is meeting its goal of protecting
human health and the environment and
whether the regulations are easy to
understand, including questions asking
which specific regulations are unclear
or have been interpreted inconsistently.
EPA also included in the April 2004
notice a list of program areas that had
previously been identified by
stakeholders as needing improvement.
These program areas included waste
accumulation times, waste generation
quantity thresholds and counting rules
for LQGs, SQGs, and CESQGs, episodic
generator provisions, waste sampling
and testing, waste management
standards, satellite accumulation,
generator accumulation and treatment
in containers or tanks, closure standards
for generators, co-generator standards,
RCRA identification numbers, waste
minimization, and land disposal
restriction requirements applicable to
generators. During the comment period,
EPA also held four public meetings in
May 2004 in Boston, MA, Chicago, IL,
Washington, DC, and Seattle, WA.
In response to the April 2004 notice
and the May 2004 public meetings, EPA
received over 500 comments from 55
organizations and individuals,
including 9 states, 5 federal agencies, 2
E:\FR\FM\25SEP2.SGM
25SEP2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
universities, 12 trade associations, and
22 companies.18 Overall, EPA’s effort to
seek information regarding the
effectiveness of the hazardous waste
generator regulatory program received a
favorable response.
Many commenters agreed that
implementation of the generator
regulations has made significant
improvements in managing hazardous
waste and has resulted in fewer releases
of hazardous waste to the environment.
However, many commenters identified
several improvements they believed
needed to be made to regulations.
Specifically, they suggested the
following:
• Simplify the regulations to make
them more user-friendly and easy to
understand, such as eliminating crossreferencing and codifying guidance into
regulations, where applicable.
• Improve the efficiency of the
program by clearing up ambiguities and
removing potential redundancies, such
as defining what constitutes a closed
container and clarifying parts of the
satellite accumulation regulations.
• Provide greater flexibility in the
regulations, such as regulations that
allow for episodic generation and that
allow wastes to be shipped from remote
locations to a centralized location to
enable better waste management.
• Require re-notification to ensure
better data quality to support
compliance monitoring of SQG facilities
(state commenters).
• Improve regulations on hazardous
waste determinations, including when it
is appropriate to use generator
knowledge instead of analytical testing
(Industry commenters).
In response to the comments on the
April 2004 notice, EPA took several
actions to help improve the hazardous
waste generator program in order to
foster better compliance. Actions
included (1) improving EPA’s Web site
for the hazardous waste generator
regulatory program,19 (2) developing an
online guide to the hazardous waste
generator regulations,20 (3) releasing
guidance for management of hazardous
waste in closed containers,21 (4) issuing
18 Public comments can be found in Docket ID
No. RCRA–2003–0014.
19 https://www.epa.gov/osw/hazard/generation/
index.htm.
20 ‘‘Hazardous Waste Generator Regulations: A
User-Friendly Reference Document’’ (https://
www.epa.gov/osw/hazard/downloads/
tool2012.pdf).
21 Memorandum from Betsy Devlin, Acting
Director of EPA’s Waste Recovery and Waste
Management Division, to RCRA Division Directors,
‘‘Closed Container Guidance: Questions and
Answers (Qs & As), November 3, 2011,
incorporating Memorandum from Robert Dellinger,
Director of EPA’s Materials Recovery and Waste
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
a technical corrections direct final
rule,22 and (5) conducting an evaluation
of the hazardous waste determination
program.23 While these actions have
helped to improve the hazardous waste
generator program, the Agency
recognizes that many of the changes
identified by commenters can only be
made through rulemaking. Thus, this
proposed rule requests comment on a
number of changes to the hazardous
waste generator regulations.
VI. Proposed Revisions to 40 CFR Part
260—Hazardous Waste Management
System: General
A. Generator Category Definitions (40
CFR 260.10)
EPA is proposing to codify definitions
for the three categories of hazardous
waste generators (CESQG, SQG and
LQG). The term ‘‘small quantity
generator’’ is codified in the regulations,
but is outdated, whereas ‘‘conditionally
exempt small quantity generator’’ and
‘‘large quantity generator’’ have been
used within the RCRA hazardous waste
community for several decades, but
their exact definitions have not been
codified. The regulations differentiate
between the categories by stating the
quantity of hazardous waste generated
in a calendar month in each instance.
As the terms are most commonly
used, CESQGs are generators that
generate 100 kilograms or less of nonacute hazardous waste and 1 kilogram
or less of acute hazardous waste in a
calendar month; SQGs are generators
that generate greater than 100 kilograms
of non-acute hazardous waste but less
than 1,000 kilograms of non-acute
hazardous waste and 1 kilogram or less
of acute hazardous waste in a calendar
month; and LQGs are generators that
generate 1,000 kilograms or greater of
non-acute hazardous waste and/or
greater than 1 kilogram of acute
hazardous waste in a calendar month.
However, generators often fail to
consider residues from the cleanup of a
spill of acute hazardous waste or do not
count both the non-acute and acute
hazardous waste they generate in a
calendar month. The proposed
definitions have been drafted to
incorporate all the various categories of
hazardous wastes—that is, acute
hazardous waste, non-acute hazardous
waste, and residues for the cleanup of
a spill of acute hazardous wastes.
Management. Division, to RCRA Division Directors,
‘‘Guidance on 40 CFR 264.173(a) and 265.173(a):
Closed Containers,’’ December 3, 2009, RCRA
Online 14826.
22 75 FR 12989, March 18, 2010.
23 Hazardous Waste Determination Program
Evaluation, April 2013 (https://www.epa.gov/
evaluate/pdf/waste/haz-waste-determination.pdf).
PO 00000
Frm 00009
Fmt 4701
Sfmt 4702
57925
Considering the significance a
generator’s category has in determining
the appropriate set of regulations that
the generator must comply with, the
Agency believes it is necessary to define
the specific hazardous waste generator
categories in the regulations.
The proposed generator category
definitions are based solely on the
amount of hazardous waste generated.
While EPA acknowledges that
accumulation limits may trigger
different generator regulations, those
accumulation limits do not affect a
generator’s generation category, which
is based on how much hazardous waste
is generated in a calendar month.
Therefore, EPA is proposing to add
the following definitions to § 260.10:
Very small quantity generator is a
generator who generates less than or
equal to the following amounts in a
calendar month: (1) 100 kilograms (220
lbs) of non- acute hazardous waste; and
(2) 1 kilogram (2.2 lbs) of acute
hazardous waste listed in § 261.31 or
§ 261.33(e); and (3) 100 kilograms (220
lbs) of any residue or contaminated soil,
water, or other debris resulting from the
cleanup of a spill, into or on any land
or water, of any acute hazardous waste
listed in sections § 261.31 or
§ 261.33(e);24
Small quantity generator is a
generator who generates the following
amounts in a calendar month: (1)
Greater than 100 kilograms (220 lbs) but
less than 1000 kilograms (2200 pounds)
of non-acute hazardous waste; and (2)
less than or equal to 1 kilogram (2.2 lbs)
of acute hazardous wastes listed in
§ 261.31 or § 261.33(e); and (3) less than
or equal to 100 kilograms (220 lbs) of
any residue or contaminated soil, water,
or other debris resulting from the
cleanup of a spill, into or on any land
or water, of any acute hazardous waste
listed in § 261.31 or § 261.33(e);
Large quantity generator is a generator
who generates any of the following
amounts in a calendar month: (1)
Greater than or equal to 1000 kilograms
(2200 lbs) of non-acute hazardous waste;
or (2) greater than 1 kilogram (2.2 lbs)
of acute hazardous waste listed in
§ 261.31 or § 261.33(e); or (3) greater
than 100 kilograms (220 lbs) of any
residue or contaminated soil, water, or
other debris resulting from the cleanup
of a spill, into or on any land or water,
24 As part of this rulemaking, EPA is proposing
to change the name of ‘‘conditionally exempt small
quantity generator (CESQG)’’ to ‘‘very small
quantity generator (VSQG).’’ This change is
discussed in section VI.B. For the sake of a
consistent discussion, however, EPA is using the
term CESQG throughout the preamble unless
directly stating the content of the proposed
regulatory text.
E:\FR\FM\25SEP2.SGM
25SEP2
57926
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
of any acute hazardous waste listed in
§ 261.31 or § 261.33(e).
EPA is also proposing to add
definitions to § 260.10 for the terms
‘‘acute hazardous waste’’ and ‘‘nonacute hazardous waste,’’ which are both
used in the above definitions for
generator categories. The term acute
hazardous waste is used for hazardous
wastes that are particularly dangerous to
human health and is defined as those
hazardous wastes that meet the listing
criteria in § 261.11(a)(2) and are
therefore listed in § 261.31 and assigned
the hazard code of (H) or are listed in
§ 261.33(e), also known as the RCRA Plist. In this proposal, any distinctions
between acute and non-acute hazardous
wastes are only being made in the
context of determining generator
category. Generally the term ‘‘hazardous
waste’’ refers to both acute and nonacute hazardous waste.
As previously stated, the definitions
of generator categories are based solely
on the amount of hazardous waste
generated in a calendar month and are
generally consistent with how the
regulated community understands the
various categories based on EPA’s
references in existing publications to
how much hazardous waste is generated
in a calendar month. Additionally, these
definitions reflect that a generator may
only have one generator category in a
calendar month even if the generator
generates both acute hazardous waste
and non-acute hazardous waste in the
same calendar month, a topic discussed
further in section VII.A.
In practice, five waste generation
scenarios exist with different
combinations of acute hazardous waste,
non-acute hazardous waste, and
residues from the cleanup of spills of
acute hazardous waste generated in a
calendar month. These scenarios are
summarized in Table 2—Generator
Categories Based on Quantity of Waste
Generated.25
TABLE 2—GENERATOR CATEGORIES BASED ON QUANTITY OF WASTE GENERATED
#
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
1
2
3
4
5
.................
.................
.................
.................
.................
Quantity of acute hazardous
waste generated in a calendar
month
Quantity of non-acute hazardous waste generated in a
calendar month
Quantity of residues from the
cleanup of acute hazardous
waste generated in a calendar
month
> 1 kg ......................................
Any amount .............................
Any amount .............................
≤ 1 kg ......................................
≤ 1 kg ......................................
Any amount .............................
≥ 1,000 kg ...............................
Any amount .............................
> 100 kg and < 1,000 kg ........
≤ 100 kg ..................................
Any amount .............................
Any amount .............................
> 100 kg ..................................
≤ 100 kg ..................................
≤ 100 kg ..................................
Generator category
LQG.
LQG.
LQG.
SQG.
VSQG/(CESQG).
Note: When calculating generator
categories, the quantities of acute
hazardous waste and non-acute
hazardous waste are considered
separately.
In three of the scenarios in Table 2—
Generator Categories Based on Quantity
of Waste Generated, the generator would
be an LQG, in one scenario the generator
would be an SQG, and in one scenario
the generator would be a CESQG. In the
first three scenarios, the generator is an
LQG if it generates any of the following
in a calendar month, regardless of the
amounts of hazardous waste generated
in the other categories: more than 1
kilogram of acute hazardous waste,
1,000 kilograms or more of non-acute
hazardous waste, or more than 100
kilograms of residues from the cleanup
of a spill of acute hazardous waste. This
is made clear in the proposed regulatory
definition of ‘‘LQG’’ by use of the word
‘‘any’’ and by the use of the word ‘‘or’’
between (1), (2), and (3). In these
scenarios, the generator would need to
comply with the independent
requirements and conditions for the
exemption for LQGs (specified in
proposed § 262.17), as well as any
applicable regulations for SAAs at
§ 262.15.
In the fourth scenario, the generator
would be an SQG if, in a calendar
month, it generates greater than 100
kilograms and less than 1,000 kilograms
of non-acute hazardous waste and also
1 kilogram or less of acute hazardous
waste and 100 kilograms or less of
residues from the cleanup of a spill of
acute hazardous waste.26 The proposed
regulatory text expresses this scenario
by using the word ‘‘and’’ between (1),
(2), and (3) in the definition of SQG. As
a result, the generator would need to
comply with the independent
requirements and conditions for the
exemption for SQGs (specified in
proposed § 262.16), as well as any
applicable regulations for SAAs at
§ 262.15.
Finally, in the fifth scenario, if a
generator generates 1 kilogram or less of
acute hazardous waste and 100
kilograms or less of non-acute
hazardous waste and 100 kilograms or
less of residue from the cleanup of a
spill of acute hazardous waste, then the
generator is a CESQG for that calendar
month. The proposed regulatory text
expresses this scenario by using the
word ‘‘and’’ between (1), (2), and (3) in
the definition. As a result, the generator
would need to comply with the
conditions for the exemption for
CESQGs (specified in proposed
§ 262.14).27
EPA requests comment on these
proposed changes.
Effect of the Proposed Reorganization:
This section is not affected by the
proposed reorganization.
25 EPA is proposing to include this table in the
regulations as Table 1 in § 262.13.
26 Amount of hazardous waste accumulated on
site at any given time can also impact what
regulations the SQG must comply with.
27 EPA is proposing to move the CESQG
regulations from §§ 261.5 to 262.14. See section XIII
of this preamble for more information.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
PO 00000
Frm 00010
Fmt 4701
Sfmt 4702
B. Renaming CESQG to VSQG (40 CFR
260.10)
Currently only one of the three
generator categories—CESQG—uses the
words ‘‘conditionally exempt’’ in its
title; however both SQGs and LQGs,
which typically accumulate hazardous
waste on site, are also conditionally
exempt from obtaining a RCRA permit
or complying with the interim status
standards in 40 CFR parts 264 and 265,
respectively, provided they meet certain
conditions. In addition, while CESQGs
are subject to few conditions for
exemption, they are still considered
hazardous waste generators, and must
comply with the relevant regulations. If
a CESQG does not comply, it would be
out of compliance with the hazardous
waste regulations and potentially
subject to enforcement action. This
inconsistency in terminology has caused
some confusion throughout the
regulated community. Therefore, EPA is
proposing to change the name of the
category from ‘‘conditionally exempt
small quantity generator (CESQG)’’ to
‘‘very small quantity generator (VSQG).’’
E:\FR\FM\25SEP2.SGM
25SEP2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
EPA notes that this change is consistent
with some states, such as Minnesota,
which are already using the VSQG term.
All regulations applicable to a CESQG
would apply to a VSQG.
EPA requests comment on this
proposed change.
Effect of the Proposed Reorganization:
This section is not affected by the
proposed reorganization.
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
C. Definition of Central Accumulation
Area (40 CFR 260.10)
The Agency is also proposing to
define the term ‘‘central accumulation
area’’ in § 260.10 to mean any on-site
hazardous waste accumulation area
with hazardous waste accumulating in
units subject to either § 262.16 (for small
quantity generators) or § 262.17 (for
large quantity generators).28 The
definition also states that a central
accumulation area at an eligible
academic entity that chooses to be
subject to part 262 subpart K must also
comply with § 262.211 when
accumulating unwanted material and/or
hazardous waste.
LQGs may accumulate hazardous
waste on site without a permit or
complying with the interim status
standards for up to 90 days provided
they comply with § 262.34(a) and SQGs
may do the same for up to 180 days,
provided they comply with § 262.34(d)
though (f).29 Over the years,
stakeholders have used different terms
to refer to these on-site generator
accumulation areas, including
‘‘generator accumulation areas,’’ ‘‘lessthan-90-day areas,’’ and ‘‘less-than-180day areas.’’ In December 2008, EPA
promulgated a definition of ‘‘central
accumulation area’’ in subpart K of part
262 to refer to these types of areas
(‘‘Academic Labs Rule’’; 73 FR 72912,
December 1, 2008). As explained in the
preamble to the proposed Academic
Labs Rule, EPA codified the term
‘‘central accumulation area’’ for the sake
of convenience to distinguish these
types of accumulation areas from
satellite accumulation areas and
laboratories, which are both subject to
different regulations than central
accumulation areas are. At the time,
EPA promulgated the term in § 262.200
and indicated that the definition only
28 This proposed definition includes citations to
new sections of part 262 that we are proposing to
include as part of the reorganization of the
generator regulations. The existing small quantity
generator regulations are at §§ 262.34(d) through (f)
and the existing large quantity generator regulations
are at § 262.34(a). For a full discussion of the
proposed reorganization, see section XIII of the
preamble.
29 As noted previously, SQGs can accumulate
hazardous waste for up to 270 days if they ship the
hazardous waste greater than 200 miles.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
applied to part 262 subpart K. Since
then, the term has become more widely
used and EPA is now proposing to
define the term ‘‘central accumulation
area’’ in § 260.10 to allow its use when
referring to generator accumulation
areas that are not operating under part
262 subpart K.
EPA emphasizes that we are
proposing to define the term ‘‘central
accumulation area’’ only as a matter of
convenience. It is helpful for both the
regulated community and the
implementers to have a common term to
use when referring to locations where
generators accumulate hazardous waste
other than satellite accumulation areas.
Furthermore, the term is helpful for EPA
to use when writing regulations,
preamble, and guidance. The addition of
the term does not establish any new
regulatory standards or burden on
generators. Generators may continue to
have more than one central
accumulation area on site; the use of the
word ‘‘central’’ does not limit a
generator to one area.
We have rephrased the proposed
definition from how it currently appears
in part 262 subpart K to make this
clearer. The definition, as it appears in
part 262 subpart K, currently states that
a central accumulation area means an
on-site hazardous waste accumulation
area. We are proposing to revise the
definition to say that a central
accumulation area means any on-site
hazardous waste accumulation area.
Further, the use of the word ‘‘central’’
does not indicate that the generator
must establish the central accumulation
area in a location that is centrally
located within the site. The use of the
word ‘‘central’’ is used because many
generators use a central accumulation
area to consolidate or centralize their
hazardous waste from multiple satellite
accumulation areas prior to shipment
off-site.
Because the proposed definition to be
added to § 260.10 will now reference
part 262 subpart K (the definition states
that a central accumulation area at an
eligible academic entity that chooses to
be subject to part 262 subpart K must
also comply with § 262.211 when
accumulating unwanted material and/or
hazardous waste), we are proposing to
remove the definition of central
accumulation area from part 262 subpart
K.
Effect of the Proposed Reorganization:
This section is affected by the proposed
reorganization. The definition of
‘‘central accumulation area’’ references
other regulatory citations that are part of
the proposed reorganization. The
reorganization is discussed in section
XIII of this preamble.
PO 00000
Frm 00011
Fmt 4701
Sfmt 4702
57927
VII. Proposed Revisions to 40 CFR Part
261—Identification and Listing of
Hazardous Wastes
EPA is proposing four changes to the
regulations currently in 40 CFR part
261. First, the Agency is proposing to
add a new provision that would explain
what generator category would apply to
a hazardous waste generator that
generates both acute and non-acute
hazardous waste in the same calendar
month. Second, EPA is proposing to
modify the regulations at §§ 261.5(h)
and (i) and 261.3 that address the
mixing of a non-hazardous waste with a
hazardous waste. Third, the Agency is
proposing to amend § 261.5(f)(3) and
(g)(3) to allow a CESQG to send its
hazardous waste to an LQG under
control of the same person. Finally, the
Agency is proposing to amend § 261.6(c)
to require biennial reporting for owners
or operators of facilities that recycle
hazardous waste without storing them
before they are recycled.
A. Generators That Generate Both Acute
and Non-Acute Hazardous Waste in the
Same Calendar Month (40 CFR 261.5)
When a generator is determining what
category it belongs in, it must consider
three relevant categories of hazardous
waste: hazardous waste (or non-acute
hazardous waste, for purposes of this
discussion), acute hazardous waste, and
residues from the cleanup of a spill of
acute hazardous waste. EPA is
proposing regulations that make clear
what a generator’s category is for a
calendar month when it generates any
combination of non-acute hazardous
waste, acute hazardous waste, and
residues from the cleanup of a spill of
acute hazardous waste in the same
calendar month and which set of
regulations apply. Currently, the RCRA
hazardous waste regulations do not
address situations involving
combinations of wastes and Agency
statements about this issue have been
inconsistent.
According to the November 19,1980,
FR notice discussing changes to § 261.5,
‘‘the regulation is revised to clarify that
the lower exclusion levels for acutely
hazardous waste apply only to
generators who otherwise are deemed
small quantity generators.30 The Agency
believes that a generator who produces
more than 1,000 kilograms of hazardous
waste a month and is therefore subject
to full regulation should handle his
30 Note: Prior to 1986, there were only two
categories of generators: large quantity generators
and small quantity generators. When the small
quantity generator regulations were promulgated in
1986, a third category of generators, conditionally
exempt small quantity generators, was established.
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
57928
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
acutely hazardous wastes in the same
manner as his other wastes’’ (45 FR
76622).
In other words, if a generator
generates 1,000 kilograms or more of
non-acute hazardous waste in a calendar
month, it would be considered an LQG
for that month and therefore should, for
both practical and environmental
reasons, manage the acute hazardous
wastes under the same regulations as an
LQG (even if the amount of acute
hazardous waste generated in a calendar
month is less than 1 kilogram).
However, a provision regarding how to
determine one’s generator category
when generating a combination of nonacute hazardous waste, acute hazardous
waste, and residues from the cleanup of
a spill of acute hazardous waste was not
included in the regulatory language.
Conversely, in a September 2, 1987,
letter concerning the accumulation time
for acute hazardous waste and nonacute hazardous waste in the same
month, the Agency stated, ‘‘Acute
hazardous wastes are counted and
managed separately from hazardous
wastes (§ 261.5(e)). In the example
given, the generator would have 90 days
to send the acute hazardous waste off
site, but would have 180 days for the
non-acute hazardous waste.’’ 31 These
different Agency interpretations have
ultimately led to confusion regarding
which regulations apply to hazardous
waste generators that generate different
categories of hazardous waste in the
same calendar month.
The Agency believes the more
practical approach is for a generator to
be in only one generator category in a
calendar month, the approach outlined
in the 1980 Federal Register discussion.
When a generator generating only nonacute hazardous wastes counts its waste,
it must consider the total amount of all
its different kinds of non-acute
hazardous waste, not the amount of
each type of hazardous waste (such as,
type of waste identified by individual
EPA hazardous waste number)
separately. Considering the combination
of acute hazardous wastes, non-acute
hazardous wastes, and residues from the
cleanup of a spill of acute hazardous
waste generated in a calendar month
when determining what category a
generator belongs to follows the same
logic. In addition, many of the
regulations for LQGs are site-wide, such
as submitting the biennial report,
developing a contingency plan, and
conducting training, and therefore a
31 Letter from Marcia E. Williams, Director of
EPA’s Office of Solid Waste, to Fred Hutchison,
University of Idaho, September 2, 1987, RCRA
Online 11288.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
generator would still have to comply
with these conditions and would not
gain a significant economic advantage
by having more than one generator
category. We note that many EPA
Regions and states have taken this same
approach in implementing the RCRA
hazardous waste program.
This is why EPA is proposing to
expressly state in the definitions which
generator category would apply to
hazardous waste generators that
generate a combination of non-acute
hazardous waste, acute hazardous
waste, and/or residues from the cleanup
of spills of acute hazardous waste in a
calendar month as discussed in section
VI of this preamble. In conjunction with
these changes, EPA is proposing a new
section § 262.13 explaining how a
generator determines which generator
category applies to it. This topic is fully
discussed in section VIII of this
preamble. The Agency is soliciting
comment on the proposal to revise the
existing regulations to indicate that a
generator can only have one generator
category in a calendar month, according
to the quantity of acute and non-acute
hazardous waste it generates.
Effect of the Proposed Reorganization:
This section is affected by the proposed
reorganization. All the proposed
definitions of generator categories
would be found in § 260.10. The
reorganization is discussed in section
XIII of this preamble.
B. Generators That Mix a NonHazardous Waste With a Hazardous
Waste
EPA is proposing to modify how
mixtures of non-hazardous waste and
hazardous waste would affect the
generator categories of CESQGs and
SQGs. Additionally, EPA is proposing to
add a reference in 40 CFR part 262 that
assists LQGs with finding the
regulations applicable to mixing
hazardous waste with non-hazardous
waste.
1. CESQGs That Mix a Non-Hazardous
Waste With a Hazardous Waste (40 CFR
261.5(h) and (i))
With the partitioning of the original
1980 SQG regulations into two sets of
regulations for CESQGs and SQGs in
1986, potential confusion surrounds the
current reading and implementation of
§ 261.5(h) and (i). When the regulations
at § 261.5(h) and (i) were promulgated
on November 19, 1980 (45 FR 76623),
the title of § 261.5 was ‘‘Special
requirements for hazardous waste
generated by small quantity generators.’’
At that time, there were only two
hazardous waste generator categories:
LQGs and SQGs. Prior to the
PO 00000
Frm 00012
Fmt 4701
Sfmt 4702
promulgation of the new SQG
regulations on March 24, 1986 (52 FR
10146), an SQG was a generator who
generates less than 1,000 kilograms of
hazardous waste in a calendar month;
the regulations did not make a
distinction between SQGs and CESQGs
at that time. Prior to 1986, paragraphs
(h) and (i) of section 261.5 read as
follows:
‘‘(h) Hazardous waste subject to the
reduced requirements of this section may be
mixed with non-hazardous waste and remain
subject to these reduced requirements even
though the resultant mixture exceeds the
quantity limitations identified in this section,
unless the mixture meets any of the
characteristics of hazardous waste identified
in subpart C.
(i) If a small quantity generator mixes a
solid waste with a hazardous waste that
exceeds a quantity exclusion level of this
section, the mixture is subject to full
regulation.’’
With the promulgation of the SQG
regulations in 1986, SQGs were broken
into two classes of generators: (1)
CESQGs (generators who generate up to
100 kilograms of hazardous waste in a
calendar month) and (2) SQGs
(generators who generate greater than
100 kilograms and less than 1,000
kilograms of hazardous waste in a
calendar month). The regulations for
CESQGs were established at § 261.5,
while those for SQGs were moved to
§ 262.34 (d)–(f). Similarly the title of
§ 261.5 was changed to read, ‘‘Special
requirements for hazardous waste
generated by conditionally exempt small
quantity generators’’ [emphasis added].
The language of § 261.5(h) did not
change when the SQG regulations were
promulgated, while paragraph (i) was
modified slightly to read: ‘‘If any person
mixes a solid waste with a hazardous
waste that exceeds a quantity exclusion
level of this section, the mixture is
subject to full regulation.’’ The phrase
‘‘any person’’ was substituted for the
phrase ‘‘small quantity generator.’’
EPA believes that the readability of
these regulations could be improved,
particularly for paragraph (i), to
expressly state whether the regulation
applies to situations where the
hazardous waste being mixed exceeds
the CESQG quantity exclusion level or
to situations where the mixture exceeds
the CESQG quantity exclusion level.
Additionally, ‘‘full regulation,’’ could be
interpreted as regulation commensurate
with an LQG, even if the resultant
mixture exceeds CESQG quantity levels,
but not SQG quantity levels.
For these reasons, EPA is proposing to
modify the language regarding mixing of
non-hazardous waste with hazardous
waste by CESQGs (which is currently
E:\FR\FM\25SEP2.SGM
25SEP2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
located at § 261.5(h) and (i)) to make
these points clear. Specifically, it states
that a CESQG may mix listed or
characteristic hazardous waste with
non-hazardous waste and remain
eligible for the conditional exemption
provided that either of the following is
true: 32 (1) The mixture does not exhibit
any of the characteristics of hazardous
waste identified in subpart C of part 261
of this chapter; or (2) the mixture does
not cause the generator to exceed the
very small quantity generator calendar
month quantity limits identified in the
definition of very small quantity
generator at § 260.10.33
For example, if a CESQG mixed 50
kilograms of characteristic hazardous
waste with 100 kilograms of nonhazardous waste and the resultant 150
kilograms mixture did not retain the
characteristics of hazardous waste, then
the generator could still comply with
the CESQG conditions. However, if a
CESQG mixed 50 kilograms of
characteristic hazardous waste with 100
kilograms of non-hazardous waste and
the resultant 150 kilograms mixture did
retain the characteristics of hazardous
waste, then the generator would no
longer be a CESQG, but an SQG, and the
generator would need to comply with
all applicable regulations for an SQG for
that calendar month. Similarly, if a
CESQG mixed 50 kilograms of
characteristic hazardous waste with
1,000 kilograms of non-hazardous waste
and the resultant 1,050 kilograms
mixture retained the characteristics of
hazardous waste, then the generator
would no longer be a CESQG, but an
LQG, and the generator would need to
comply with all applicable regulations
for an LQG for that calendar month.34
EPA notes that the regulations
covering mixing of hazardous and nonhazardous waste would apply regardless
of when the initial wastes are generated.
In other words, when a generator mixes
a hazardous waste with a non-hazardous
waste, the generator may have changed
the properties of the hazardous waste
and thus must make a hazardous waste
determination on the resultant mixture.
For example, if a CESQG mixed 50
kilograms of characteristic hazardous
waste that it generated at different
32 EPA is proposing to use the term ‘‘very small
quantity generator (VSQG)’’ in place of
‘‘conditionally exempt small quantity generator.’’
See section VI.B of this preamble for more
information.
33 This regulatory citation is the proposed new
location for the definition of a VSQG. See section
VI.B of this preamble for more information.
34 Additionally, the generator would have to
comply with the SQG or LQG regulations for as long
as its total quantity of hazardous waste accumulated
on-site was greater than or equal to the CESQG
accumulation limit of 1000 kg.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
points over the last three months with
100 kilograms of non-hazardous waste
and the resultant mixture did retain the
characteristics of hazardous waste, then
the generator would no longer be a
CESQG at the point that the mixture was
generated, but an SQG, and the
generator would need to comply with
all applicable regulations for an SQG for
that calendar month during which the
mixing occurred. The time period for
the accumulation of wastes begins at the
point the mixture is generated and the
generator becomes a SQG.
In modifying the language, the
Agency is not changing the intent of the
existing hazardous waste regulations,
but is improving the readability of the
regulatory text. Thus, this change in
language does not impose any
additional burden on CESQGs.
Effect of the Proposed Reorganization:
This section is affected by the proposed
reorganization. The reorganization of
the generator regulations would move
these provisions to 262.14(b). The
reorganization is discussed in section
XIII of this preamble.
2. LQGs and SQGs That Mix a NonHazardous Waste With a Hazardous
Waste (40 CFR 261.3)
LQGs and SQGs are subject to the
mixture rule in § 261.3. In short, the
mixture rule has three parts: (1) If nonhazardous waste is mixed with listed
hazardous waste, then the mixture is
considered the listed hazardous waste
(§§ 261.3(a)(2)(iv) and 261.3(b)(2)); (2) if
non-hazardous waste is mixed with
listed hazardous waste that is listed
solely for exhibiting an ignitability,
corrosivity, or reactivity characteristic
in part 261 subpart C (such as F003
hazardous waste), then the mixture is
considered hazardous waste only if it
exhibits a characteristic
(§ 261.3(g)(2)(i)); and (3) if nonhazardous waste is mixed with
characteristic hazardous waste, then the
mixture is considered hazardous waste
only if the mixture exhibits a
characteristic of hazardous waste
(§ 261.3(b)(3)) (45 FR 33066, May 19,
1980; 66 FR 27266, May 16, 2001).
However, because the mixture rule
appears in § 261.3 and the SQG and
LQG regulations appear in 40 CFR part
262, the regulated community may not
totally appreciate how the mixture rules
apply to SQGs and LQGs. Therefore,
EPA is proposing to include references
in §§ 262.16(c) and 262.17(f) that assist
SQGs and LQGs with finding the
regulations applicable to the mixing of
hazardous waste with non-hazardous
waste. Additionally, EPA wants to
modify the regulations to improve
understanding of what circumstances an
PO 00000
Frm 00013
Fmt 4701
Sfmt 4702
57929
SQG may mix hazardous waste with
non-hazardous waste and still remain
subject to the SQG requirements.
Specifically, EPA is proposing to add
a provision for SQGs that states that a
small quantity generator may mix its
hazardous waste with non-hazardous
waste and remain eligible for the
conditional exemption applicable to a
small quantity generator under two
circumstances: (1) The mixture is not a
hazardous waste according to the
mixture rules in §§ 261.3(a)(2)(iv),
261.3(b)(2), 261.3(b)(3), and
261.3(g)(2)(i); or (2) if the mixture is a
hazardous waste, the mixture does not
cause the generator to exceed the small
quantity generator quantity limits for a
calendar month, as identified in the
definition of small quantity generator at
§ 260.10.35
For example, if an SQG mixed 100
kilograms of listed hazardous waste
(that was not listed solely for the
ignitability, corrosivity and/or reactivity
characteristic) with 1,000 kilograms of
non-hazardous waste, then the resultant
1,100 kilogram mixture would be
considered a listed hazardous waste and
the generator would no longer be an
SQG, but rather an LQG. The generator
would then need to comply with all
applicable regulations for an LQG for
that month during which the SQG
mixed the waste.36
However, if an SQG mixed 100
kilograms of either characteristic
hazardous waste or listed hazardous
waste (that was listed solely for the
ignitability, corrosivity and/or reactivity
characteristic) with 1,000 kilograms of
non-hazardous waste and the resultant
1,100 kilograms mixture did not retain
the characteristics of hazardous waste,
then the generator could still comply
with the SQG regulations because the
resulting mixture would no longer be
considered a hazardous waste (although
it would still be subject to applicable
land disposal restriction requirements
in 40 CFR part 268).
EPA is also proposing to add a
provision for LQGs that states that
mixtures of hazardous waste with nonhazardous waste are subject to the
mixture rule in § 261.3(a)(2)(iv), (b)(2)
and (3), and (g)(2)(i).
In modifying the language, the
Agency is not changing the existing
hazardous waste regulations, but is
improving the readability of the
35 This regulatory citation is the proposed new
location for the definition of SQG. See section VIII
of this preamble for more information.
36 Additionally, a generator would have to
comply with the LQG regulations for as long as its
total quantity of hazardous waste accumulated onsite was greater than or equal to the SQG
accumulation limit of 6000 kg.
E:\FR\FM\25SEP2.SGM
25SEP2
57930
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
regulatory text. Thus, this change does
not impose any additional burden on
SQGs and LQGs.
Effect of the Proposed Reorganization:
This section is affected by the proposed
reorganization. EPA is proposing to
address the mixing regulations for SQGs
at § 262.16(c) and the mixing regulations
for LQGs at § 262.17(f). The
reorganization is discussed in section
XIII of this preamble.
3. Request for Comment
The Agency requests comment on
whether the proposed language for
CESQGs and SQGs improves the
understanding of the regulations
regarding how mixtures of nonhazardous waste and hazardous waste
would affect the generator category for
CESQGs and SQGs. Additionally, EPA
requests comment on whether the
proposed language for LQGs assists
LQGs in more easily finding the
applicable mixture regulations.
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
C. Allowing CESQGs To Send
Hazardous Waste to LQGs Under the
Control of the Same Person
EPA is proposing to allow CESQGs to
send their hazardous waste to an LQG
that is under the control of the same
person, as defined at § 260.10, provided
both the CESQG and LQG comply with
specified conditions.37
1. Purpose
Under the existing regulations at
§ 261.5(f)(3) for acute hazardous waste,
and § 261.5(g)(3) for non-acute
hazardous waste, a CESQG may either
treat or dispose of its hazardous waste
on site or ensure delivery to an off-site
treatment, storage, or disposal facility,
which can include RCRA-permitted
hazardous waste facilities, interim
status hazardous waste facilities,
municipal solid waste facilities, nonmunicipal non-hazardous waste
facilities, recycling facilities, and
universal waste handlers. The existing
CESQG regulations do not allow a
generator to send its hazardous waste off
site to another generator, unless the
receiving generator has a storage permit
or is otherwise one of the types of
facilities cited above. Thus, persons
looking to reduce their overall
environmental liability across multiple
sites are prohibited from managing their
CESQG hazardous waste at one or more
of their LQG sites without first obtaining
a permit or complying with the interim
37 EPA is also proposing to rename ‘‘CESQG’’ to
‘‘VSQG’’ (very small quantity generator) (see section
VIII.A.1 of the preamble for more information).
However, for this discussion, we continue to use
CESQG as this term is most familiar to the regulated
community.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
status standards, both of which would
increase regulatory burden and costs.
EPA believes that allowing CESQGs to
send their hazardous waste to an LQG
that is under the control of the same
person would provide an additional
option for CESQGs to manage their
hazardous waste. It may also improve
the management of that hazardous waste
for four main reasons.
First, LQGs are subject to more
stringent management conditions, such
as accumulation time, labeling, training,
emergency planning, and containment
standards, as compared to CESQGs. In
addition, LQGs may only transport
hazardous waste to a RCRA-permitted or
interim status hazardous waste TSDF,
which in turn, is subject to more
stringent management standards than
the municipal or non-municipal solid
waste facilities that CESQGs are allowed
to use. Therefore, allowing hazardous
waste generated by a CESQG to be sent
to an LQG under the control of the same
person could improve overall oversight
and management of the hazardous waste
and enable more effective
environmental protection. Furthermore,
a company, because of economies of
scale, may reduce its overall waste
management costs, as well as its
potential financial liabilities for
hazardous waste it generates at CESQG
facilities, as it would be handled under
the more comprehensive LQG and TSDF
regulatory programs.
Second, whereas LQGs have up to 90
days to accumulate hazardous waste in
compliance with all the LQG conditions
for exemption without having to obtain
a RCRA storage permit or comply with
all the other standards otherwise
applicable, CESQGs may accumulate up
to 1,000 kilograms of non-acute
hazardous waste or up to 1 kilogram of
acute hazardous waste or up to 100
kilograms of residues from the cleanup
of a spill of acute hazardous waste
without any time constraint. Even
though the amount of hazardous waste
allowed on site by CESQGs at any one
time is limited, the longer that
hazardous waste is accumulated on site
the greater the risk of adverse impacts
to human health and the environment.
Allowing CESQGs to send their
hazardous waste to an LQG under the
control of the same person may reduce
the overall time that the CESQG
accumulates hazardous waste on site,
which would further reduce the
potential risk to human health and the
environment.
Third, this proposed change would
allow consolidation by an LQG of
hazardous waste generated by several
CESQGs under its control, which
PO 00000
Frm 00014
Fmt 4701
Sfmt 4702
increases the potential opportunities for
hazardous waste recycling by the LQG.
Fourth, this proposed change would
give companies flexibility in allocating
labor and resources required to manage
the company’s total quantity of
hazardous waste generated, as the
company would be allowed to
consolidate its hazardous waste from
CESQG facilities at its LQG sites.
EPA has received requests over the
years from industry for the regulations
to allow CESQGs to send their
hazardous waste to LQGs for
consolidation. EPA believes that such a
change in the regulations would enable
generators to employ greater control
over the management of their hazardous
waste, thereby resulting in improved
efficiency and reduced liability for the
generator. EPA believes numerous
situations exist where CESQGs and
LQGs under the same ownership could
take advantage of this proposed change.
For example, Army National Guard and
Reserve units that may be CESQGs
would have the opportunity to send
their hazardous waste to an active Army
base that is an LQG. The same situation
applies to Air Force, Navy, and Marine
Corps reserve units as well.
Additionally, many universities have
engineering, medical, and science
laboratories located on campus, with
each laboratory building possibly
qualifying as a CESQG. Allowing
different laboratory buildings within a
university or industrial environment
that are CESQGs to send their hazardous
waste to another university or industrial
entity that is an LQG would provide
both economic and environmental
benefits. Furthermore, utilities, retailers,
and remote oil and gas production
facilities also represent examples of
industrial sectors that may realize
benefits from the intra-company transfer
of hazardous waste from CESQGs to
LQGs.
2. Scope
As discussed above, EPA is proposing
to amend the regulations under the
existing regulatory framework at
§ 261.5(f)(3) and (g)(3) to allow CESQGs
to send hazardous waste to an LQG
under the control of the same person.38
‘‘Person’’ is defined in § 260.10 to mean
an individual, trust, firm, joint stock
company, federal agency, corporation
(including a government corporation),
partnership, association, state,
municipality, commission, political
subdivision of a state or any interstate
38 EPA is proposing to reorganize the regulations
for CESQGs by moving provisions from § 261.5 to
§ 262.14. The proposed revision to allow CESQGs
to send hazardous waste to LQGs under control of
the same person can be found at § 262.14(b)(3)(viii).
E:\FR\FM\25SEP2.SGM
25SEP2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
body. For the purposes of this section,
‘‘control’’ would mean the power to
direct the policies of the facility,
whether by the ownership of stock,
voting rights, or otherwise, except that
contractors who operate facilities on
behalf of a different person shall not be
deemed to ‘‘control’’ such facilities.
The Agency believes limiting transfers
to facilities under control of the same
person is appropriate because it ensures
common control is maintained over
both facilities and takes advantage of
strong incentives to ensure the
hazardous waste is safely managed.
Additionally, if a CESQG sends
hazardous waste to an LQG under the
control of the same person, the LQG is
likely to be familiar with the type of
hazardous waste generated by the
CESQG. Furthermore, questions
regarding liability and responsibility for
such hazardous waste are likely to be
clearer than is the case with facilities
from unrelated companies.
EPA is also proposing some labeling
and marking standards for CESQG waste
being transferred to LQGs under the
control of the same person under this
provision. Note that aside from these
two conditions, the same standards for
management of CESQG waste apply to
materials going to an LQG under this
provision as to other CESQG waste,
including the exemption from the
requirement to ship using a hazardous
waste manifest. DOT shipping
requirements do still apply.
3. Conditions for Exemption
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
Condition for Exemption for CESQGs
As part of this provision, CESQGs
would be required to meet the following
conditions for exemption, proposed at
§ 262.14(a)(viii).
Under control of the same person. As
described above, the CESQG and the
LQG would have to be under control of
the same person, according to the
existing definitions in § 260.10.
Labeling and marking of containers.
The Agency is proposing that a CESQG
transferring waste to an LQG under the
control of the same person label its
containers with (1) the words ‘‘Very
small quantity generator hazardous
waste’’; (2) other words that identify the
contents of the containers (e.g., the
name of the chemical(s), such as
‘‘acetone’’ or ‘‘methylene dichloride’’ or
the type or class of chemical, such as
‘‘organic solvents’’ or ‘‘halogenated
organic solvents’’ or, as applicable, the
proper shipping name and technical
name markings used to comply with
Department of Transportation (DOT)
requirements at 49 CFR part 172 subpart
D); (3) an indication of the hazards of
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
the contents of the container, such as
the applicable hazardous waste
characteristic(s) (i.e., ignitable,
corrosive, reactive, toxic); a hazard class
label consistent with the DOT
requirements at 49 CFR part 172 subpart
E (labeling); a label consistent with the
Occupational Safety and Health
Administration (OSHA) Hazard
Communication Standard at 29 CFR
1920.1200; a chemical hazard label
consistent with the National Fire
Protection Association (NFPA) code
704; a hazard pictogram consistent with
the United Nations’ Globally
Harmonized System (GHS); or any other
marking and labeling commonly used
nationwide in commerce that would
alert workers and emergency responders
to the nature of the hazards associated
with the contents of the containers; and
(4) the applicable EPA hazardous waste
number(s) (EPA hazardous waste code)
in subparts C and D of part 261 to assist
the receiving LQG in managing the
hazardous waste received. This
condition is also consistent with the
changes proposed for labeling and
marking of containers in the revisions to
40 CFR parts 262, 263, and 268
discussed in various sections elsewhere
in this preamble. A generator subject to
DOT shipper/carrier packaging
requirements should be familiar with
and aware of the marking requirements
at 49 CFR 172.301 and 49 CFR 172.304,
as well as prohibited labeling and label
visibility requirements at 49 CFR
172.401 and 172.406, respectively.
Because the hazardous waste
generated and accumulated by a CESQG
will be subsequently sent off site to an
LQG under the same company in
compliance with DOT hazardous
material regulations, the CESQG may
choose to use an appropriate DOT
proper shipping name found in the 49
CFR 172.101 hazardous materials table
to identify the contents of the container
while hazardous waste is accumulating
on site. That way, the generator will
fulfill EPA and DOT requirements
simultaneously; however, EPA is not
proposing to require the use of the DOT
shipping names while the hazardous
waste is accumulating on site. We only
suggest that the DOT shipping name
may be one way that some generators
may choose to identify the contents of
the container.
EPA believes use of the DOT marking
requirement should be sufficient in
many situations involving DOT Class 9
hazardous materials that are also
hazardous waste, with the DOT
shipping name ending in N.O.S. (not
otherwise specified). As noted at 49 CFR
172.301(b), generators using a DOT
shipping name ending in N.O.S. must
PO 00000
Frm 00015
Fmt 4701
Sfmt 4702
57931
also provide the technical name of the
hazardous material in association with
the proper shipping name. However, the
Agency is requesting comment on
examples of when the DOT shipping
name would not meet EPA’s intent of
‘‘identifying the contents of the
container’’ and suggestions for
addressing this situation.
EPA believes that CESQGs should
label and mark containers of hazardous
waste sent to LQGs in order to
communicate the contents of the
containers to facility personnel that can
then safely manage the hazardous waste
in compliance with the LQG
regulations. Since CESQGs already must
make a hazardous waste determination
to determine if and what types of
hazardous waste they generate, the
Agency does not believe this condition
will pose an undue burden. In fact, if
the CESQG was not required to provide
this information, the burden to the LQG
receiving the hazardous waste may
increase because the LQG would then
have to do so.
Conditions for Exemption for LQGs
EPA is proposing that LQGs receiving
hazardous waste from CESQGs under
the control of the same person comply
with the following conditions for
exemption, all proposed at § 262.17(g).
a. Notification. EPA is proposing that
LQGs receiving hazardous waste from
CESQGs under the control of the same
person submit a notification to EPA or
their authorized state using EPA form
8700–12 (i.e., the Site Identification
(Site ID) form) 30 days prior to receiving
the first shipment of hazardous waste
from the CESQG. LQGs would be
required to identify in the Comments
section of the Site ID form the name(s),
site address(es), and contact information
for the CESQG(s) that will be
transferring hazardous waste to the
LQG. LQGs would also be required to
submit an updated Site ID form within
30 days should the name, site address,
or contact information for the CESQG
change.
Notification in this instance serves to
inform the regulatory authorities of
which LQGs are receiving hazardous
waste from which CESQGs under
control of the same person. The Agency
believes notification is necessary in
order to communicate to inspectors the
origin of the hazardous waste received
by the LQG and to ensure that the
received shipment is managed in
compliance with the conditions of the
provision. EPA also believes that
notification by the LQG, rather than
notification by the CESQG, is more
efficient and less burdensome, because
LQGs are already required to submit
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
57932
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
Site ID forms as part of obtaining a
RCRA Identification Number and as part
of the biennial reporting process.
Additionally, it is more efficient for one
LQG to notify on behalf of many
CESQGs.
EPA has recently made available an
electronic interface for states and the
regulated community to use to submit
Site ID forms electronically, which will
further reduce burden on LQGs.
Facilities should check with their states
regarding whether their state will use
EPA’s electronic submittal process.
b. Recordkeeping. LQGs would be
required to maintain records for three
years from the date the hazardous waste
was received from the CESQG with the
following information:
• The name, site address, and contact
information for each CESQG; and
• A description of each waste
shipment received from the CESQG,
including the quantity, EPA hazardous
waste number(s) of each waste received,
and the date the hazardous waste was
received.
EPA believes recordkeeping is
necessary to ensure the requirement that
the CESQG and LQG are under control
of the same person is met, as well as to
ensure that the hazardous waste from
the CESQG is managed according to the
other conditions for exemption of this
provision, such as that LQGs are
receiving shipments of hazardous waste
from CESQGs in quantities
commensurate with the CESQG’s
generator category. EPA believes this
recordkeeping condition could be
fulfilled through routine business
records, such as a bill of lading, and
would not present undue burden to the
LQG. Additionally, the LQG could use
this information in order to report the
hazardous waste from the CESQG on its
biennial report forms.
c. Labeling and marking of containers.
The Agency is proposing that LQGs
comply with the labeling and marking
conditions for exemption under
proposed § 262.17(a)(5), including the
date accumulation started (i.e., the date
the hazardous waste was received from
the CESQG). (Note: These are the same
proposed standards that CESQGs must
comply with in labeling and marking
containers that they send to LQGs, as
discussed above.) If the LQG is
consolidating incoming hazardous
waste from a CESQG with either its own
hazardous waste or with hazardous
waste from another CESQG, the LQG
would be required to mark each
container with the earliest date any
hazardous waste in the container was
accumulated on site.
Because the LQG must manage the
hazardous waste it receives from
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
CESQGs according to the LQG
regulations, EPA believes that the same
labeling and marking regulations should
apply to hazardous waste from a CESQG
that is accumulated and managed by an
LQG. EPA believes that it is important
that employees, transporters,
downstream handlers, emergency
personnel, EPA, and the states know as
much as possible about the potential
hazards of the contents in containers
that LQGs accumulate, transport, and
manage.
d. Waste management. Under this
proposal, an LQG would be required to
manage all incoming hazardous waste
from a CESQG in compliance with the
regulations applicable to its LQG
generator category. In other words, there
would be no difference in how the
hazardous waste from a CESQG was
managed relative to the management of
the LQG’s own hazardous waste,
although hazardous waste from a
CESQG would not be eligible for
management under the satellite
accumulation regulations (proposed
§ 262.15).
4. Biennial Reporting
An LQG would also be required to
report the hazardous waste it receives
from CESQGs on its biennial report, as
required under § 262.41. EPA plans to
include a new source code in the
biennial report instructions (if this
provision is made final) that LQGs
would use to identify the hazardous
waste as being received from a CESQG
(to differentiate from hazardous waste
the LQG generates on site). Generators
would be required to report hazardous
waste they receive from CESQGs by type
of hazardous waste. In other words, if an
LQG receives the same type of
hazardous waste from multiple CESQGs,
it would only need to report the total
quantity of that hazardous waste
received from all CESQGs. This
provision is consistent with the existing
provision that LQGs must report
information on the quantities and types
of hazardous waste they generate as part
of the biennial reporting process. It will
also enable states and EPA to better
understand the additional volumes and
types of hazardous wastes managed at
an LQG, which will assist in prioritizing
compliance assistance.
5. No Maximum Limit of Hazardous
Waste LQGs Receive From CESQGs
Because LQGs currently have no
maximum limit on the amount of
hazardous waste they can accumulate,
and because the regulations that are
applicable to LQGs are protective, the
Agency believes there is no need to
establish a maximum limit on the
PO 00000
Frm 00016
Fmt 4701
Sfmt 4702
amount or types of hazardous waste that
an LQG could receive from CESQGs. In
fact, we believe the more hazardous
waste that is shipped to LQGs, the
greater potential for reduced risk, since
these hazardous wastes would be
managed under the more
comprehensive hazardous waste
regulations, as opposed to potentially
being sent to non-hazardous waste
disposal facilities.
6. Enforcement
EPA believes the proposed conditions
to allow CESQGs to send their
hazardous waste to an LQG under the
control of the same person are necessary
to ensure protection of human health
and the environment. Failure to meet
one or more of the conditions could lead
to potential mismanagement of the
hazardous waste, potentially resulting
in a release of hazardous waste or
hazardous waste constituents to the
environment. Persons taking advantage
of the proposed provision that fail to
meet one or more of the conditions for
exemption would be subject to an
enforcement action under RCRA section
3008 for violations of applicable
independent requirements in part 264,
265, 267, 268, and 270. EPA and
authorized states would also have the
authority to cease certain transfers of
hazardous waste from CESQGs to an
LQG in the context of an enforcement
action. EPA also notes that failure on
the part of the LQG to meet one of the
conditions for exemption would not
mean that the CESQG is subject to
permitting or other standards in 264,
265, and 270, provided that the CESQG
met its conditions for exemption and
vice versa.
7. Interstate Shipments
Under RCRA, authorized state
programs may be more stringent than
the federal program and thus states may
choose not to adopt the proposed
provision allowing CESQGs to send
their hazardous waste to an LQG under
the control of the same person. In the
case of interstate shipments where a
CESQG wants to transfer its waste to an
LQG located in a different state than the
CESQG, the CESQG must ensure that
both states have adopted the provision
in order to ship the hazardous waste to
an LQG. Additionally, if a CESQG wants
to transfer its waste through states that
have not adopted the proposed
provision, these transit states may also
impose state requirements on the
shipment while it is being transported
through the state. Therefore, EPA
recommends that generators contact any
states through which the hazardous
E:\FR\FM\25SEP2.SGM
25SEP2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
waste will be shipped to ascertain their
policy about such shipments.
8. Request for Comment
EPA requests comment regarding its
proposal to allow CESQGs to ship their
hazardous waste to an LQG under the
control of the same person.
EPA is also requesting comment on
whether to establish a process that
would allow an entity (whether CESQG
or LQG) to request approval from its
EPA Regional Administrator or the
authorized state to transfer hazardous
waste from CESQGs to LQGs that are not
under the control of the same person.
For example, such inter-company
transfers could occur between high
school laboratories and university
laboratories or other waste management
companies, such as those assisting with
school chemical clean-outs. While the
Agency believes that this should not be
allowed as a general matter, we also
recognize that there may be instances
where such an arrangement may be
appropriate, and thus, are taking
comment on allowing such
arrangements on a case-by-case basis.
EPA is interested in whether such intercompany transfers would produce the
same benefits as for intra-company
transfers in enabling greater control over
the management of CESQG hazardous
waste, thereby resulting in improved
efficiency and reduced liability for the
generator.
The request for approval submitted to
the state or Regional office would have
to include the name, address, and
contact information for each entity
involved in the arrangement, how the
entities will assign responsibility for the
safe management of the hazardous waste
during transport to and accumulation by
the LQG, as well as a description of the
actual practices that will be followed by
the CESQG and LQG to ensure the safe
management of the hazardous waste.
EPA does not believe that these requests
for approval would need publication in
the Federal Register and, instead,
would either be approved or denied by
the EPA Regional Administrator or the
authorized state. If a request is granted
by the EPA Regional Administrator or
the authorized state, the CESQG(s) and
LQG would need to comply with the
conditions discussed above for those
CESQGs and LQGs that are ‘‘under
control’’ of the same person. In addition,
the LQG would need to keep a copy of
the request for approval, as well as
EPA’s or the state’s approval for as long
as the CESQG sends their hazardous
waste to the LQG.
EPA is requesting comment on an
additional variation for allowing LQGs
to consolidate CESQG hazardous waste
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
when the generators are not under the
control of the same person with a selfimplementing request for approval.
Under this variation, the implementing
agency would have sixty days from the
date the request was sent to approve or
deny it. After sixty days, the generator
may start consolidating regardless of
whether it has heard back from the
implementing agency. This option
provides the state or Regional office the
ability to deny requests that pose a risk
to human health or the environment or
that come from entities that have a
history of not managing waste
responsibly, but puts a limit on how
long a generator must wait for a
response to its request for approval.
Effect of the Proposed Reorganization:
This section is affected by the proposed
reorganization. The reorganization of
the generator regulations would move
the conditions for CESQGs from § 261.5
to § 262.14 and the conditions for LQGs
from § 262.34 to § 262.17. The
reorganization is discussed in section
XIII of this preamble.
D. Requiring Biennial Reporting for
Owners or Operators of Facilities That
Recycle Hazardous Waste Without
Storing It (40 CFR 261.6(c)(2))
EPA is proposing to modify 40 CFR
261.6(c)(2) to require owners or
operators of facilities that recycle
hazardous waste without storing it prior
to recycling to comply with the biennial
reporting requirements at 40 CFR
265.75. Because these entities receive
hazardous waste using a hazardous
waste transporter and hazardous waste
manifest, similar to a permitted TSDF or
a facility with interim status, the
Agency is proposing to amend its
regulations and instructions to specify
that such facilities must complete and
submit a biennial report to EPA.
Without this information, the Agency
and states may have an incomplete
picture of which facilities recycle
hazardous waste and the quantities of
regulated hazardous wastes that are
recycled, impeding their ability to
provide adequate oversight for those
facilities.
The Agency believes that only a few
recycling facilities will be affected by
this change. Additionally, considering
that most facilities already have
sophisticated information systems to
manage and track incoming shipments
of hazardous waste, we believe the
burden imposed on such facilities
should be minimal.
The Agency requests comment on this
proposed change. Additionally, the EPA
is interested in information regarding
whether these facilities already
routinely submit biennial reports or are
PO 00000
Frm 00017
Fmt 4701
Sfmt 4702
57933
required by the states to submit biennial
reports.
Effect of the Proposed Reorganization:
This section is not affected by the
proposed reorganization.
VIII. Proposed Revisions to 40 CFR Part
262—Standards Applicable to
Generators of Hazardous Waste
A. Proposed Addition of Terms Used in
This Part and Changes to Purpose,
Scope, and Applicability (40 CFR 262.1
and 262.10)
As previously discussed, one of the
objectives of this proposal is to revise
the hazardous waste generator
regulations to make them more userfriendly and easily understood by both
the regulated community and federal
and state regulators. Currently, the
hazardous waste generator regulations
are located primarily in three different
parts of the CFR (40 CFR parts 261, 262,
and 265). In some cases, it is difficult to
determine what components of the
regulations apply to different categories
of hazardous waste generators.
The proposed reorganization will
address many of these problems by
moving the regulations at § 261.5 and
some of the technical standards of part
265 into part 262 and by organizing the
regulations based on a generator’s
category so generators can more easily
determine which regulations they are
subject to. That is, EPA is proposing that
§ 262.14 contain conditions for
exemption for conditionally exempt
small quantity generators, that § 262.15
contain conditions for exemption for
satellite accumulation areas, that
§ 262.16 contain conditions for
exemption for small quantity generators,
and that § 262.17 containing conditions
for exemption for large quantity
generators.
In concert with the reorganization of
the generator conditions for exemption,
EPA is proposing to add some
regulatory language to more clearly
explain how the regulations work for
generators and to lay out which
provisions the various categories of
generators are responsible for complying
with. The proposed addition of § 262.1
and the proposed revisions to § 262.10
are meant to achieve these goals.
1. Proposed Addition of 40 CFR 262.1
One concern regarding the current
generator regulations is that they are not
sufficiently clear about the distinction
between the two types of generator
requirements: Those that a generator
must meet because it is an entity that
generates hazardous waste—
independent requirements—and those
that a generator must meet only if it
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
57934
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
wants the benefits of an exemption from
RCRA permitting—conditions for
exemption. In order to make the
regulations clearer regarding this
distinction, EPA is proposing to include
definitions for these terms in a new
section of the regulations at § 262.1.
The difference between independent
requirements and conditions for
exemption, as discussed previously in
this preamble, lies in the nature of each,
and in the consequences that result
when each is not met. An independent
requirement is an unqualified or
unconditional requirement imposed
without reference or regard to obtaining
an optional exemption from regulation.
That is, independent requirements must
be met whether or not the generator
accumulates hazardous waste. An
independent requirement is applicable
and enforceable, independent of
whether the generator is attempting to
obtain an exemption.
A condition for exemption, on the
other hand, is a requirement that is
contingent in nature, in that it is only
necessary to meet in order to obtain an
optional exemption from other
requirements. As an example, the
regulations in § 262.34(a) introduce the
conditions of the LQG exemption by
stating that the LQG may accumulate
hazardous waste on site for 90 days or
less without a permit or without having
interim status, provided that it meets
the conditions listed in that paragraph.
This distinction is relevant because
while an entity can ‘‘violate’’ and be
penalized for violating an independent
requirement, an entity cannot be
penalized for not complying with a
condition for an optional exemption.
Instead, if the entity does not comply
with the conditions of the exemption,
that exemption no longer applies and
the entity becomes subject to full
regulation. Violation of an independent
requirement, such as an SQG failing to
obtain an EPA identification number,
can result in a notice of violation and
enforcement action for that particular
provision. Noncompliance with a
condition for exemption, such as an
LQG accumulating hazardous waste for
more than 90 days, however, can result
in an entity losing its conditional status
and becoming the operator of a nonexempt storage facility subject to the
applicable requirements for storage
facilities in parts 124, 264, 265, 267, 268
and 270, and for generators in part 262.
EPA is proposing to define an
‘‘independent requirement’’ as a
requirement of any of part 262 that
states an event, action, or standard that
must occur or be met and that applies
without relation to, or irrespective of,
the purpose of obtaining a conditional
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
exemption from a permit or having
interim status under § 262.14, 262.15,
262.16, or 262.17.
EPA is proposing to define a
‘‘condition for exemption’’ as any
requirement in § 262.14, 262.15, 262.16,
or 262.17, that states an event, action, or
standard that must occur or be met in
order to obtain a conditional exemption
from any requirement in parts 124, 262
through 268, or 270, or from any
requirement for notification under
section 3010 of RCRA.
We will be using these terms
throughout this preamble to distinguish
between these two types of provisions
for generators.
EPA is requesting comment on this
proposed change to the regulations,
particularly whether it clarifies
implementation of the generator
regulations by industry and the
regulating entities.
Effect of the Proposed Reorganization:
This section is not affected by the
proposed reorganization.
2. Proposed Changes to 40 CFR
262.10(a)
As part of the reorganization of the
generator regulations, § 262.10(a), which
addresses the purpose, scope, and
applicability of the hazardous waste
generator regulations, will list which
generator provisions are independent
requirements and which are conditions
for a generator exemption from part 124,
from the applicable standards of parts
264 through 268, from the permitting
requirements of part 270, and from
section 3010 of RCRA.
Specifically, EPA is proposing two
changes to § 262.10(a): (1) Stating that a
hazardous waste generator is subject to
all the applicable independent
requirements of part 262 and listing
those independent requirements and (2)
stating that a generator that accumulates
hazardous waste on site is also
considered to be a facility storing
hazardous waste unless it meets the
conditions for one of the generator
exemptions in § 262.14, 262.15, 262.16,
or 262.17.
a. Independent requirements. As
stated above, under the RCRA
hazardous waste program, certain
regulations are independent
requirements and certain regulations are
conditions for exemption from RCRA
permitting and the interim status
standards.
To be clear about the distinctions
between these types of standards, EPA
is proposing to state at § 262.10(a)(1)
that a person who generates a hazardous
waste as defined by 40 CFR part 261 is
subject to all the applicable
independent requirements in the
PO 00000
Frm 00018
Fmt 4701
Sfmt 4702
subparts and sections listed, unless the
person is a conditionally exempt small
quantity generator (or ‘‘very small
quantity generator,’’ in the terminology
of the proposed rule) that meets the
conditions for exemption in § 262.14.
This new addition will reinforce to
generators that they must meet these
independent requirements whether or
not they accumulate hazardous waste on
site.
b. Conditional exemption for CESQG,
SQG, and LQG. The RCRA hazardous
waste generator regulations provide
generators that accumulate hazardous
waste on site with exemptions from the
hazardous waste permitting standards
and compliance with interim status
standards in 40 CFR parts 264 and 265,
provided certain conditions are met.
Therefore, EPA is proposing to state at
§ 262.10(a)(2) that a generator that
accumulates hazardous waste on site is
also considered a facility that stores
hazardous waste, unless it is excluded
because it meets the conditions of being
a generator. The paragraph then lists the
generator categories and where to find
the relevant conditions for each, in
§ 262.14, 262.16, or 262.17.
These proposed changes to § 262.10
do not constitute substantive changes to
the hazardous waste generator
regulations. Rather, these changes
simply reorganize the independent
requirements and conditions for
exemption applicable to all hazardous
waste generators based on their
generator category into one section of
the regulations. EPA also believes these
changes will reduce confusion for the
regulated community in the context of
enforcement actions. It has been the
Agency’s longstanding position that
generators that do not comply with a
condition of a generator exemption fail
to qualify for the exemption and, if they
have not qualified for any other
exemption, they would be considered
an operating TSDF without a permit
and/or in violation of the storage facility
operating standards in parts 264 or 265.
The Agency believes this proposed
reorganization will improve the use of
and compliance with the regulations.
EPA is requesting comment on these
proposed changes.
Effect of the Proposed Reorganization:
This section is affected by the proposed
reorganization. The reorganization is
discussed in section XIII of this
preamble.
3. Proposed Deletion of § 262.10(c)
Section 262.10(c) of the hazardous
waste regulations is a provision that
describes the requirements for a
generator who treats, stores, or disposes
of hazardous waste on-site and includes
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
a list of provisions these generators
must comply with. EPA believes that
this provision in the regulation is
outdated and confusing and can be
removed. EPA is proposing to delete
and reserve this paragraph.
When § 262.10(c) was initially
promulgated on February 26, 1980, the
hazardous waste generator regulations
distinguished between the generators
that sent hazardous waste to be
managed off site and those that managed
their hazardous waste on site.
Generators that sent hazardous waste off
site could manage it for 90 days in an
accumulation area, but generators that
managed hazardous waste on site were
expected to manage it under their
permits or under interim status
regulations. The purpose of § 262.10(c)
was to provide the list of requirements
that generators managing hazardous
waste were required to follow in
addition to those permits or interim
status requirements.
This distinction meant that the two
types of generators had very different
standards for the areas where newly
generated hazardous waste was
managed. Significantly, generators
sending hazardous waste off site could
easily make physical changes to their
accumulation areas, whereas a similar
generator managing hazardous waste on
site under a permit had to go through
the permit modification process to make
the same kind of changes. EPA
effectively eliminated the distinctions
by revising these regulations (45 FR
76624, November 19, 1980 and 47 FR
1248, January 11, 1982). The final rule
promulgated in January 11, 1982, made
a change to § 262.10(c) that added the
generator accumulation provisions at
§ 262.34 to the list of things a generator
who treats, stores, or disposes of
hazardous waste on site must comply
with. Currently, the Agency does not
make this distinction between
generators that send waste for treatment
off site and those that manage waste on
site. This revision is therefore outdated
and not well understood and can be
deleted and reserved without disruption
to the generator hazardous waste
regulations.
EPA seeks comment on whether
anyone is using this provision or has
objection to its removal and what the
reasoning for that objection is.
Effect of the Proposed Reorganization:
This proposed deletion is not affected
by the proposed reorganization.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
4. Generators Are Subject To
Enforcement of Applicable
Requirements and Penalties Under
Section 3008 of RCRA if They Fail To
Meet the Independent Requirements
Made Applicable by the Failure To
Obtain a Conditional Exemption (40
CFR 262.10(g))
The existing regulation at § 262.10(g)
states that a generator is subject to the
compliance requirements and penalties
prescribed in section 3008 of [RCRA] if
it does not comply with the
requirements of that part. However, this
paragraph does not expressly state that
a generator that is not meeting the
conditions of its exemption—and is,
therefore, an illegal TSDF—is liable
under section 3008 of RCRA for failing
to meet the requirements for TSDFs in
parts 124, 264 through 268, and 270.
Therefore, EPA is proposing to revise
§ 262.10(g) to state that a generator is
subject to enforcement of the applicable
requirements and penalties under
section 3008 of RCRA if it fails to meet
its applicable independent requirements
under part 262: § 262.11 (Hazardous
waste determinations and
recordkeeping), § 262.12 (Obtaining an
EPA identification number), part 262
subpart B (Manifest), §§ 262.30 through
260.33 (Pre-transport) and part 262
subpart D (Recordkeeping and
reporting). The new language would
further explain that a generator is
subject to enforcement of the applicable
requirements and penalties under
section 3008 of RCRA if it fails to meet
the applicable requirements of parts
124, 263 through 268, and 270,
including such requirements made
applicable when such person is not
meeting the conditions of the generator
exemption.
EPA is requesting comment on these
proposed changes.
Effect of the Proposed Reorganization:
This section is not affected by the
proposed reorganization.
5. Proposed Deletion of Laboratory XL
Project Regulations (40 CFR 262.10(j)
and Part 262 Subpart J)
The Laboratory XL Project was
created for Boston College, the
University of Massachusetts, and the
University of Vermont, and was
finalized in the Federal Register on
September 28, 1999 (64 FR 53292).
Originally, the program was to expire on
September 30, 2003. But on June 21,
2006, EPA extended the program and
the new expiration date was changed to
April 15, 2009 (71 FR 35550). Since the
program has now expired, EPA is
proposing to remove paragraph (j) from
§ 262.10, as well as part 262 subpart J.
PO 00000
Frm 00019
Fmt 4701
Sfmt 4702
57935
EPA is requesting comment on this
proposed change.
Effect of the Proposed Reorganization:
This section is not affected by the
proposed reorganization.
6. Generators Shall Not Transport to a
Non-Designated Facility
The Agency is proposing to add a new
provision at § 262.10(a)(3) that would
clearly and succinctly state that a
generator cannot offer or otherwise
cause its waste to be sent to a facility
that is not authorized to accept it.
As the Agency has stated numerous
times in the development and
implementation of the RCRA hazardous
waste program, a fundamental aspect of
the program is the responsibility placed
on the generator of hazardous waste to
ensure its hazardous waste is properly
managed from cradle to grave.
Numerous existing regulatory
provisions are designed to ensure that
generators send their hazardous waste
only to authorized TSDFs or other
authorized facilities. See for example,
§§ 262.12(c), 262.20(b), 262.40(a).
However, from experience with the
program, the Agency has found
situations where a generator failed to
send its hazardous waste to a facility
authorized to receive that waste, thus
creating both regulatory and potential
hazardous waste mismanagement
problems. The Agency believes this
provision is necessary to ensure
generators understand they have this
obligation and, for that reason, is
placing it in the initial provisions of the
generator regulations.
This provision is being added to the
regulatory framework and not replacing
§§ 262.12(c), 262.20(b), 262.40(a), as
those provisions are aimed at other
aspects of the generator program (for
example, ensuring manifests are
properly completed).
The Agency requests comment on
adding this new provision.
B. Waste Determinations (40 CFR
262.11)
EPA is proposing to revise the
hazardous waste determination
regulations at § 262.11 in order to
provide a more complete explanation of
the regulation and improve compliance
by hazardous waste generators. The
proposed changes are intended to
provide more information about when a
waste determination must be made, as
well as to better explain the methods
and procedures for generators to
determine whether they have a listed
hazardous waste or a characteristic
waste. The proposed changes also
address some deficiencies in the current
recordkeeping regulations.
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
57936
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
Specifically, the proposed changes
discussed in this section are the
following: (1) Confirming that a
generator’s waste must be classified at
its point of generation and, for wastes
potentially exhibiting a hazardous
characteristic, at any time during the
course of its management when the
properties of the wastes may change; (2)
revising the language on making a
determination for a listed hazardous
waste in § 262.11 to explain more fully
how generators can make this kind of
determination, including use of
acceptable kinds of generator
knowledge; (3) explaining more
completely in the regulations in
§ 262.11 how a generator should
evaluate its waste for hazardous
characteristics; (4) moving the
independent recordkeeping and
retention requirements for hazardous
waste determinations currently found at
§ 262.40(c) into § 262.11 to integrate this
provision more directly into the
hazardous waste determination
regulations; (5) revising the hazardous
waste determination recordkeeping
regulations to require that SQGs and
LQGs maintain records of any test
results, waste analyses, or other
determinations made in accordance
with § 262.11 for at least three years,
including waste determinations where a
solid waste (as defined in § 261.2) is
found not to be a RCRA hazardous
waste (as defined in § 261.3); (6)
revising the hazardous waste
determination regulations by copying
§ 262.40(d) into § 262.11 to address
situations where an enforcement action
has been initiated and the period of
record retention (e.g., three years from
when the record was generated) must be
extended automatically during the
course of any unresolved enforcement
action regarding the regulated activity or
as requested by the Administrator; and
(7) making clear at the very beginning of
§ 262.11 that the hazardous waste
determination must be accurate.
In addition, EPA is asking for
comment in this section on two
additional potential changes regarding
the accuracy of hazardous waste
determinations and the length of time
records must be maintained.
Finally, EPA discusses the potential
development of an electronic decision
making tool for hazardous waste
determinations and takes comment on
whether that would be a helpful tool to
generators.
The revisions proposed at § 262.11 are
designed to improve compliance by
generators in making a hazardous waste
determination for their solid wastes. To
a great extent, the success of the RCRA
hazardous waste regulatory program
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
begins with and relies on generators
making this determination. Failure to
make an accurate hazardous waste
determination may lead to
mismanagement of the waste, with
potential adverse consequences to
human health and the environment. As
described below, generators may have a
difficult time making an accurate
hazardous waste determination for a
variety of reasons.
Many of the proposed changes at
§ 262.11 derive from policy statements
and clarifications the Agency has made
through the years in FR notices,
guidance documents, and policy letters
to help explain how hazardous waste
determinations should be made. The
proposed changes also derive from
issues identified in EPA’s 30 years of
experience implementing the RCRA
hazardous waste program.
1. Background
The regulations at § 262.11 require
generators of solid waste (as defined at
§ 261.2) to determine whether their
waste is also a hazardous waste. Under
RCRA, a solid waste may be hazardous
if it is either listed as hazardous or
exhibits a hazardous waste
characteristic. Listed hazardous wastes
are wastes that the Agency has
specifically evaluated and determined
may present a risk to human health and
the environment, if improperly
managed. Such wastes can be generated
by specific processes of particular
industries or by many different types of
industry (e.g., spent degreasing solvents)
or hazardous commercial chemical
products being discarded as surplus, off
specification, or for another reason.
Wastes that exhibit any of the four
hazardous characteristics (ignitability,
corrosivity, reactivity, toxicity) are also
classified as hazardous. Hazardous
wastes are subject to a number of
handling and disposal requirements
intended to prevent them from
damaging human health or the
environment.
Once a generator has determined from
§ 261.2 that it has generated a solid
waste, the regulations at § 262.11
currently provide the following method
for a generator to determine if a waste
is a hazardous waste:
(1) It should first determine if the
waste is excluded from regulation under
the exclusions found in 40 CFR 261.4.
(2) It must then determine if the waste
is listed as a hazardous waste in subpart
D of 40 CFR part 261. Note that even if
the waste is listed, the generator still has
an opportunity under 40 CFR 260.22 to
demonstrate to the Administrator that
the waste from his particular facility or
operation is not a hazardous waste.
PO 00000
Frm 00020
Fmt 4701
Sfmt 4702
(3) For purposes of compliance with
the land disposal restrictions in 40 CFR
part 268, or if the waste is not listed in
subpart D of 40 CFR part 261, the
generator must then determine whether
the waste is identified in subpart C of
40 CFR part 261 by either:
(A) Testing the waste according to the
methods set forth in subpart C of 40 CFR
part 261, or according to an equivalent
method approved by the Administrator
under 40 CFR 260.21; or
(B) Applying knowledge of the hazard
characteristic of the waste in light of the
materials or the processes used.
(4) Finally, if the waste is determined
to be hazardous, the regulations state
that the generator must refer to parts
261, 264, 265, 266, 267, 268, and 273 of
this chapter for possible exclusions or
restrictions pertaining to management of
the specific waste.
A generator’s responsibility begins
with applying due diligence through
knowledge of its processes, feedstocks,
and wastes generated, and/or testing to
make an accurate hazardous waste
determination for the solid waste it has
generated (see § 261.2). The Agency
considers the application of the above
information (e.g., knowledge of the
production processes, feedstocks, and
wastes generated and/or information
from testing) to be acceptable types of
generator knowledge. Failure to
consider any relevant types of
knowledge could be viewed critically if
a situation arose in which a particular
generator’s waste determination came
under scrutiny. Once a determination
has been made that a generator’s solid
waste is a hazardous waste, then the
generator can initiate the process of
quantifying the total amount of
hazardous waste generated in a calendar
month to determine its generator
category, and from that, determine the
regulations with which it must comply.
If an incorrect hazardous waste
determination is made (i.e., a hazardous
waste is identified as non-hazardous),
there is a strong possibility that the
waste will not be managed
appropriately, potentially leading to
environmental releases and damage.
From experience with the waste
determination program, the Agency has
found that there are a number of
situations in which generators may
misclassify their wastes. In some cases,
generators overlook certain wastes that
are unrelated to their production
processes, discarding them in the trash
without realizing that they have
discarded a hazardous waste. In other
cases, generators may not understand
how the hazardous waste characteristics
or listings regulations may apply to the
waste. There are also instances in which
E:\FR\FM\25SEP2.SGM
25SEP2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
generators have not even known that
RCRA and its regulations apply to their
wastes.
States have also identified difficulties
generators have in making hazardous
waste determinations as a concern. A
study conducted by the State of New
Hampshire found that generators often
overlooked hazardous wastes they had
generated apart from their main
production operations, for example,
solvent-contaminated wipes and aerosol
cans.39 40
The Georgia Department of Natural
Resources (GADNR) has also
highlighted this problem in one of its
publications, stating ‘‘Many solid waste
streams at facilities tend to be
overlooked as hazardous wastes because
the solid waste usually does not
resemble what one would think a
hazardous waste looks like [i.e., wastes
that are not a liquid chemical waste
(rags, absorbents, or filters); or wastes
that are not directly generated in
manufacturing process (universal
wastes, computers, electronics, or
sludge in drains or sumps); wastes that
are newly regulated (electronics); or
wastes that are similar to household
hazardous wastes (mercury
thermometers, aerosol cans, batteries,
and lamps), which are excluded as
hazardous waste in accordance with
§ 261.4(b)(1).].’’ 41
The importance of generators making
an accurate hazardous waste
determination cannot be overemphasized. In 2013, a contractor for
EPA completed a third-party program
evaluation of the hazardous waste
determination regulations to better
understand the reasons generators may
have difficulty making reliable
hazardous waste determinations.42 This
study involved examining national
compliance statistics associated with
hazardous waste determinations and
meeting with representatives of three
state programs—Texas, Minnesota, and
Colorado—and the regulated
community in those states. Questions
39 A final rule for solvent-contaminated wipes
was published in the Federal Register on July 31,
2013. This rule provides an exclusion from the
definition of solid waste for solvent-contaminated
wipes that are recycled and an exemption from the
definition of hazardous waste for discarded wipes
provided specific conditions are met (78 FR 46447).
40 Summary of Waste Determination Meetings
with VT and NH State Officials on September 27–
28, 2010.
41 ‘‘10 Most Common Hazardous Waste (RCRA)
Violations in Georgia: 40 CFR 262.11 ‘‘Hazardous
Waste Determination,’’ Georgia Department of
Natural Resources https://epd.georgia.gov/sites/
epd.georgia.gov/files/related_files/site_page/
guidehwdet.pdf.
42 Hazardous Waste Determination Program
Evaluation, IEc, April 2013. https://www.epa.gov/
evaluate/pdf/waste/haz-waste-determination.pdf.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
focused on rates of non-compliance
with the hazardous waste determination
regulations, obstacles to generator
compliance, the role of state waste
management programs and the role of
third parties, such as environmental
services companies or industry trade
organizations. The interviewers also
solicited stakeholder recommendations
for improvement of the waste
determination regulations.
The evaluation reported the following
findings. First, the average noncompliance rate with the RCRA
hazardous waste determination
regulations across the United States is
approximately 34 percent. This figure is
based on an analysis of hazardous waste
determination violations during EPA
compliance inspections recorded in
EPA’s RCRAInfo data system from 2001
to 2011.43 These results are supported
by the results of other EPA analyses. For
example, in a review of inspection
reports of the foundry sector by EPA’s
Office of Compliance, EPA found 26 of
69 facilities, or 38 percent, with
hazardous waste determination
violations.44 Additionally, an EPA
analysis of inspections at CESQG
facilities conducted by the State of
Kansas inspectors for the 2009–2012
time period found a waste
determination non-compliance rate of
21 percent, and an EPA analysis of
inspections of Iowa CESQG facilities
conducted by EPA Region 7 inspectors
for the same time period found a waste
determination violation rate of 36
percent.45 46
Probably the most comprehensive
analysis involved examining all
compliance evaluation inspections of
LQGs, SQGs, and CESQGs conducted by
both the EPA Regions and the states for
fiscal years 2008–2012.47 Of the 62,003
compliance evaluation inspections
conducted during that time period, EPA
and the states found 8,148 waste
determination violations, resulting in a
non-compliance rate of 13.1 percent.
While the estimates of waste
determination violation rates vary
somewhat across the studies examining
them, all of them identify violation rates
that are significant.
The evaluation also discussed a
number of implementation challenges
43 RCRAInfo is EPA’s national repository for
hazardous waste generation and management data.
44 ‘‘Review of RCRA Inspection Report Practices,’’
May 2007.
45 EPA administers Iowa’s hazardous waste
program.
46 Iowa CESQG Inspections 2009–2012, October
2012; Kansas CESQG Inspections 2009–2012,
December 2012.
47 State Compliance Evaluation Inspections (CEI)
for FY 2008–2012.
PO 00000
Frm 00021
Fmt 4701
Sfmt 4702
57937
that lead to non-compliance with the
hazardous waste determination
regulations. The evaluation identified
30 recurring themes that describe
various obstacles, challenges, and
factors that influence hazardous waste
generators’ compliance with the
hazardous waste determination
regulations. These 30 themes fall into
three overarching categories: (1)
Challenges related to the regulations; (2)
challenges related to generators; and (3)
challenges related to regulatory
agencies.48
The Agency is proposing changes
intended to address the two challenges
identified that are related to the
regulations. These are (1) difficulty
understanding the regulations as written
and (2) difficulty interpreting and
applying the regulations to specific
circumstances. The proposed changes to
§ 262.11 are intended to elaborate on the
meaning and intent of these regulations
to make them easier for generators to
understand. We believe the better
understanding resulting from these
changes will also make it easier to
appropriately apply the requirements to
a broader range of specific
circumstances.
2. Improvements to the Existing
Hazardous Waste Determination
Regulations
EPA’s evaluation of the waste
determination regulatory program noted
that improving compliance in making
accurate waste determinations is a
multi-faceted problem. The Agency
believes improving the clarity of the
regulatory text is an important step
because it represents the foundation
from which all subsequent EPA and
state outreach, technical assistance and
enforcement efforts begin. In this regard,
EPA identified several particular areas
for possible improvements to the
current regulations:
—Confusion about where and when to
make a hazardous waste determination,
particularly when further management
of that material may result in a change
in the hazardous waste determination.
—§ 262.11(b), which relates to
whether or not a solid waste is a listed
hazardous waste, does not describe how
a generator should determine if the
material in question is a listed
hazardous waste.
—§ 262.11(c) states that a generator
can either test its waste or use process
knowledge or knowledge about its waste
to determine whether a solid waste is a
characteristic hazardous waste.
48 Hazardous Waste Determination Program
Evaluation, IEc, April 2013. https://www.epa.gov/
evaluate/pdf/waste/haz-waste-determination.pdf.
E:\FR\FM\25SEP2.SGM
25SEP2
57938
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
However, there is little guidance in the
regulation on using knowledge to
classify waste.
—The existing regulatory text notes
that test methods are included in the
hazardous characteristic definitions in
subpart C of part 261,but does not note
that tests are not provided for all aspects
of the hazardous characteristics
identified there.
The Agency has provided guidance on
these issues over the past 30 years and
through these proposed regulatory
revisions intends to incorporate key
aspects of that guidance into the
regulatory language.
Finally, EPA is proposing to address
deficiencies in the recordkeeping for
hazardous waste determinations. These
deficiencies include both a lack of
specificity regarding what materials
used in a hazardous waste
determination must be maintained and
lack of a specific statement that the
independent requirement to maintain
records is extended when there is an
unresolved enforcement action. In
addition, there are large number of
hazardous waste determinations for
which records are not being kept
because the generator determines that
the material in question is not a
hazardous waste. Failure to maintain
records in these cases makes it difficult
for regulatory agencies to determine
how a generator made the determination
and to quickly assess whether the
determination is accurate.
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
3. When and Where To Make a
Hazardous Waste Determination
To respond to generator concerns
about identifying the most appropriate
point at which to make a hazardous
waste determination, EPA is proposing
to revise § 262.11 to add a paragraph (a),
which would state that a hazardous
waste determination must be made at
the point of waste generation (i.e., when
the material becomes a solid waste).49
The RCRA statute makes clear that the
term ‘‘hazardous waste generation’’
means the act or process of producing
hazardous waste.50 By requiring that the
initial hazardous waste determination
be made at the point of generation, the
regulation clarifies that the
determination cannot be made
downstream in the process where other
materials could be mixed with the waste
or where the waste changed its physical
characteristics simply as a result of time
elapsing affecting the hazardous waste
determination. This standard must be
49 A material must be a solid waste before it can
be a hazardous waste under RCRA.
50 See Solid Waste Disposal Act, Sec. 1004,
page 9.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
met even in instances in which another
entity, such as a waste management
facility, makes the waste determination
on behalf of the generator.
The 1980 preamble to the original
hazardous waste regulations explicitly
discussed this scenario, stating that a
solid waste which is a hazardous waste
because it is listed in part 261 subpart
D must begin to be managed as a
hazardous waste when it first meets the
subpart D listing description. The
preamble explains that most of the
hazardous wastes listed in §§ 261.31
and 261.32 of subpart D (the F-list and
the K-list) are process residues,
emission control dusts, or wastewater
treatment sludges and the point in time
when they are created is generally well
defined. For other hazardous wastes,
such as spent solvents or those
hazardous wastes listed in § 261.33, the
point at which they meet the listing
description is somewhat less well
defined, but generally occurs when their
intended use has ceased and they begin
to be accumulated or stored for disposal,
re-use, or reclamation. The preamble
then goes on to provide several
examples illustrating how this provision
would operate in practice (45 FR 33095–
96, May 19, 1980).
The 1980 regulatory preamble also
addressed this issue for characteristic
hazardous waste. In defining what waste
is considered hazardous, § 261.3(b)(3)
states that ‘‘a solid waste becomes a
hazardous waste . . . when the waste
exhibits any of the characteristics.’’ EPA
elaborated on this regulatory definition
in 1980 by noting that ‘‘paragraph (b)
provides that a solid waste is a
hazardous waste whenever it exhibits
one or more of the characteristics. As a
practical matter, this means that persons
handling solid waste must determine
whether they meet the characteristics
whenever the management of the waste
would be subject to EPA’s part 262–265
regulations’’ (45 FR 33095, May 19,
1980).
This implies that a generator’s waste
characterization obligations may
continue beyond the determination
made at the initial point of generation.
In the case of a non-hazardous waste
that may, at some point in the course of
its management, exhibit a hazardous
waste characteristic, there is an ongoing
responsibility to monitor and reassess
its regulatory status if changes occur
that may cause the waste to become
hazardous. Thus, the generator must
monitor the waste for potential changes
if there is reason to believe that the
waste may physically or chemically
change during management in a way
that might cause the waste, or a portion
of the waste, to become hazardous.
PO 00000
Frm 00022
Fmt 4701
Sfmt 4702
The preamble to the final rule for the
toxicity characteristic reiterated that the
current rules require that the
determination of whether a waste is
hazardous is to be made at the point of
its generation (i.e., when the material
becomes a solid waste).51 In the
preamble to that rule, EPA stated that it
believes that the determination of the
regulatory status of a waste at the point
of generation continues to be
appropriate and that EPA was retaining
the existing approach of requiring that
a determination be made at the point of
generation (55 FR 11830, March 29,
1990).
Thus, for determining whether a
waste exhibits a hazardous
characteristic, generators of solid waste
are required to make a hazardous waste
determination at the initial point of
generation, in the form the waste is
generated in (i.e., ‘‘as is’’), following the
procedure described in § 262.11, which
allows use of generator knowledge and/
or testing, as appropriate. A generator’s
hazardous waste determination at the
initial point of generation is critical to
ensure proper management of the waste
not only by the generator, but also by
transporters and TSDFs who rely upon
the generator’s determination to allow
them to safely manage the waste and
provide appropriate treatment.52
As an example, in a letter regarding a
waste consisting of solvents mixed with
water that separates and becomes
biphasic over time, the Agency stated
that in this situation, the generator must
make the hazardous waste
determination not only at the initial
point of generation, but also after the
waste separates into phases. This letter
went on to say that a generator’s
responsibility to make a hazardous
waste determination may continue
beyond the determination made at the
initial point of generation. In the case of
a nonhazardous waste that may, at some
point in the future, exhibit a hazardous
waste characteristic, there is an ongoing
responsibility to monitor and reassess if
changes occur that may cause the waste
to become hazardous.
Again, if there is reason to believe that
the waste may physically or chemically
change during management in a way
that might cause the waste, or portion of
the waste, to become hazardous, the
generator must monitor the waste for
these changes. The generator should
also notify any subsequent handlers of
the waste so they are aware that they
51 A material must be a solid waste before it can
be a hazardous waste under RCRA.
52 Note that making a solid and hazardous waste
determination is also applicable for the exemptions
identified at §§ 261.2 and 261.4 since such
exemptions negate the determination.
E:\FR\FM\25SEP2.SGM
25SEP2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
should also monitor the waste for
changes. This is analogous to and
consistent with situations the Agency
has discussed in the past such as when,
over time, sludges that exhibit the
characteristic of toxicity settle out of
nonhazardous wastewaters managed in
surface impoundments.53
Therefore, to clarify that hazardous
waste determination must be made at
the point of generation, the Agency is
proposing to revise the regulations at 40
CFR 262.11 by adding a new paragraph
(a) that would state that a hazardous
waste determination for each solid
waste must be made at the point of
waste generation, before any dilution,
mixing, or other alteration of the waste
occurs, and at any time in the course of
its management that it has, or may have,
changed its properties as a result of
exposure to the environment or other
factors that may change the properties of
the waste.
This addition of paragraph (a) would
change current § 262.11(a) into
§ 262.11(b) and bump all subsequent
paragraphs in that section.
EPA requests comments on the
proposed changes to § 262.11 and in
particular is soliciting comment on
whether the proposed new language is
sufficient to improve the existing
regulatory text and better assist
generators in making effective
hazardous waste determinations.
Additionally, EPA is interested in
comments regarding improvements the
Agency could make to the proposed
regulatory text.
Effect of the Proposed Reorganization:
This section is not affected by the
proposed reorganization.
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
4. Determining Whether a Waste Is a
Listed Hazardous Waste
a. Identifying listed hazardous wastes.
As a general matter, determining
whether a waste is a listed hazardous
waste consists of comparing the waste
that the generator generates to the
hazardous waste listing descriptions in
§§ 261.31 through 261.33. For many
wastes, identifying the origin of the
waste is sufficient to determine whether
it is a listed waste and this
determination is rather straightforward.
However, this is not always the case.
Sometimes additional information about
the waste, the process that generated it
(including production feedstocks), and
the listing regulations is needed to make
a reliable determination, including the
following: (1) The regulatory language of
53 Letter from Betsy Devlin, Director of EPA’s
Materials Recovery and Waste Management
Division, to Gary Jones, Printing Industries of
America, November 20, 2012, RCRA Online 14834.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
the hazardous waste listing; (2) the
regulatory intent of the original
hazardous waste listing (as evidenced
by FR notices and technical support
documents and interpretative letters
from the original listings); and (3) facts
specific to the waste stream at issue.54
These three types of information can
be considered as acceptable types of
generator knowledge about a waste
stream for making a hazardous waste
determination. A November 20, 1997,
Federal Register notice elaborates on
the use of knowledge to make a listing
determination—that is, determining
whether a waste is a listed hazardous
waste can be accomplished by
comparing information on the waste
stream origin with the RCRA listings set
forth in 40 CFR part 261 subpart D.
These listings are separated into four
major categories or lists and are
identified by EPA hazardous waste
numbers starting with the letters K, F,
P, or U, depending on the category of
the waste. The hazardous waste
numbers are associated with a specific
waste description, specific processes
that generate the wastes, or certain
chemical compounds. For example, EPA
hazardous waste number K103 is
defined as ‘‘Process residues from
aniline extraction from the production
of aniline.’’ A generator that produces
such residues should know, without any
sampling or analysis, that these wastes
are ‘‘listed’’ RCRA hazardous wastes by
examining the K103 hazardous waste
description in the hazardous waste lists
and comparing this with the production
process that generated the waste.
Other hazardous waste listings
describe wastes generated from generic
processes that are common to various
industries and activities. They include,
for example, waste solvents (e.g., EPA
hazardous waste numbers F001–F005),
which are often used in the degreasing
or cleaning processes of manufacturing
operations, and thus are widely
generated. EPA hazardous waste
number F001 is a listed waste from a
non-specific source that is defined by
providing a list of spent halogenated
solvents at a particular concentration
before use and stating that they are F001
when used in degreasing. Because this
listed waste is from a non-specific
source, the generator would compare
this listing description to any industry
54 Note that once listed at §§ 261.31–33 wastes
remain listed as hazardous wastes unless and until
they are delisted in accordance with §§ 260.20 and
260.22 or unless they are specifically excluded from
§ 261.3, regardless of their actual composition and
constituent concentrations even if the
manufacturing and/or treatment processes do not
use any of the constituents for which the wastes
were listed.
PO 00000
Frm 00023
Fmt 4701
Sfmt 4702
57939
operation where solvent degreasing is
conducted to determine whether this
waste meets the specific listing
description.
Note that these spent solvents are
regulated as hazardous under RCRA, but
only if the total of all the solvent
constituents before use is greater than or
equal to ten percent of the material’s
volume. This adds a layer of complexity
to the hazardous waste determination
and requires that the generator have
knowledge of the composition of the
unused solvent before the waste is
generated.
Finally, the hazardous waste
regulations include the ‘‘derived from’’
and ‘‘mixture’’ rules, which state that
any solid waste derived from the
treatment, storage, or disposal of a listed
RCRA hazardous waste, or any solid
waste mixed with a listed RCRA
hazardous waste, respectively, is itself a
listed RCRA hazardous waste until
delisted (see § 261.3(a)(2)(iv) and
§ 261.3(c)(2)(i), respectively) (62 FR
62082, November 20, 1997). The
exception to these rules is when the
waste is listed solely because it exhibits
a hazardous waste characteristic, but the
particular waste in question no longer
exhibits any hazardous characteristic
(§ 261.3(g)).
b. Proposal to provide further
explanation in regulatory text about
listed waste determinations. The current
regulation at § 262.11(b) provides
minimal information to generators for
determining whether their waste is a
listed hazardous waste. EPA is
proposing that this paragraph be
expanded and that it be redesignated as
§ 262.11(c) to make room for existing
paragraph (a) of § 262.11, which would
be redesignated as paragraph (b) under
the proposed new regulatory framework
at § 262.11 and which addresses the
generator determination of whether the
solid waste it has generated is excluded
from regulation under 40 CFR 261.4.
The new § 262.11(c) would identify
the types of acceptable information that
the generator could consider in
evaluating its waste against the
hazardous waste listing descriptions
and would assist them in determining if
they have generated a listed hazardous
waste. This proposed paragraph would
state that if the waste is not excluded
under 40 CFR 261.4, the person must
then use knowledge of the waste to
determine if the waste meets any of the
listing descriptions under subpart D of
40 CFR part 261. Acceptable knowledge
that may be used in making an accurate
determination as to whether the waste is
listed includes, but is not limited to,
waste origin, composition, the process
producing the waste, feedstock, and
E:\FR\FM\25SEP2.SGM
25SEP2
57940
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
other relevant information. If the waste
is listed, the person may file a delisting
petition under 40 CFR 260.20 and
260.22 to demonstrate to the
Administrator that the waste from this
particular site or operation is not a
hazardous waste.
EPA requests comments on these
proposed modifications to § 262.11(c).
Effect of the Proposed Reorganization:
This section is not affected by the
proposed reorganization, but the
contents of the current § 262.11(b) are
proposed to be revised and moved to
§ 262.11(c) to account for the proposed
inclusion of a new § 262.11(a).
5. Determining Whether a Waste Is a
Characteristic Hazardous Waste
The RCRA hazardous waste
regulations identify four characteristics
that can result in a hazardous waste
classification: ignitability, corrosivity,
reactivity, and toxicity. Wastes
exhibiting any of these characteristics
have EPA hazardous waste numbers
starting with the letter ‘‘D’’ and the
regulations defining these
characteristics are at §§ 261.20 through
261.24. The current § 262.11 regulations
identify two methods for determining
whether a solid waste is hazardous
because it exhibits a hazardous
characteristic: (1) Testing of the waste or
(2) using knowledge of the hazard
characteristic and the materials and
processes used in generating the waste.
Further, even if a waste is a listed
hazardous waste, the regulations require
the generator to determine whether it
also exhibits a hazardous characteristic
to ensure that all waste treatment
obligations under part 268 are met. This
ensures that the waste can be treated to
mitigate hazards posed by chemicals or
properties for which it was listed, and
also any characteristic hazards, which
may be different from hazards that are
the basis for listing.
a. Use of testing to identify waste
exhibiting a hazardous characteristic.
The current regulations at §§ 261.20
through 261.24 describe two different
ways to determine whether a solid
waste is a hazardous waste because it
exhibits certain characteristics. In some
cases, the regulations identify specific
test methods, the results of which can
be used directly to determine whether
the waste exhibits that characteristic
(although testing is not required, and
knowledge may be used). These include
for example, the pH test for the
corrosivity characteristic, the flashpoint
test for liquids for the ignitability
characteristic, and the toxicity
characteristic leaching procedure
(TCLP) for the toxicity characteristic.
Other hazardous characteristics are
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
defined narratively, such as the
definitions for ignitable solids or
oxidizers in the ignitability
characteristic, and the reactivity
characteristic. When there is no
regulatory test, then knowledge of the
waste’s origin, production processes,
feedstocks, chemical composition, and
other relevant information is acceptable
and necessary for determining whether
wastes exhibit one of these
characteristics. Testing that may
illustrate and support identification of
the properties of the waste (even though
it is not part of the regulation) can be
part of the generators’ knowledge of the
waste.
The proposed language associated
with testing at § 262.11(d)(1) specifies
that generators testing their waste must
obtain a representative sample for
testing, as defined at § 260.10 and as
required by all of the hazardous
characteristic regulations. For those
characteristics that include a specific
test as part of the regulation, the results
of that test, when properly performed
and compared with regulatory
thresholds, are definitive for
determining whether the waste is
hazardous. The tests specified by the
regulations are available in EPA’s ‘‘Test
Methods for Evaluation Solid Waste,
Physical/Chemical Methods,’’ EPA
Publication SW–846. This document
which contains all of OSWER’s
analytical methods, is available on
EPA’s Web site at: https://www.epa.gov/
epawaste/hazard/testmethods/
index.htm.
When evaluating a waste for one of
the hazardous characteristics for which
there is a regulatory test, generators are
not required to use the test provided the
generators’ knowledge about the waste
is adequate to make a reliable
determination about the RCRA status of
the waste, as discussed in the next
section. However, if a disagreement
arises between a generator and an
inspector about whether a particular
waste is hazardous, we would
recommend that the generator use the
regulatory test, since the results of the
test, when properly performed, should
resolve such a disagreement.
For those characteristics that do not
include a specific test, but provide a
narrative definition, the generator can
use appropriate tests, such as those
identified in SW–846 that identify
hazardous properties as part of their
knowledge about the waste to help
determine whether the waste exhibits
the hazardous waste characteristic. In
addition, test methods used by DOT, the
National Fire Protection Association, or
other third-party testing organizations
may be useful or relevant for evaluating
PO 00000
Frm 00024
Fmt 4701
Sfmt 4702
a particular waste. However, the
generator would need to show the
relevance of the test to the waste
evaluation.
The Agency has discussed the use or
requirement of testing in various
Federal Register notices, guidance
documents, and letters. In promulgating
the toxicity characteristic regulations in
1990, EPA considered whether to
require TCLP testing. However, the
Agency determined that the flexibility
of the current approach resulted in a
more effective and practical program
overall and that liability for incorrect
determinations would provide a strong
incentive for generators to not
misclassify their wastes as nonhazardous (55 FR 11829–30, March 29,
1990). In a 1992 letter, the Agency reemphasized that generators are not
required to test their waste to determine
whether it is hazardous. As part of that
letter, the Agency made clear that to
ensure proper handling and treatment,
the generator must identify all the
hazardous characteristics a waste may
exhibit as identified in part 261 subpart
C.55 In another letter, the Agency
discussed the importance of testing a
representative sample of the waste, as
required by the hazardous
characteristics regulations.56 The
introductory chapters (1–13) of SW–846
provide guidance on a number of
important analytical issues, including
development of sampling plans and
sampling methods, as well as quality
control and an overview of the different
types of methods in the guidance.
b. Use of knowledge to identify waste
exhibiting a hazardous characteristic.
As we discussed previously with
respect to the identification of listed
hazardous wastes, EPA is also proposing
to modify § 262.11 to include the
acceptable types of information that a
generator can consider when applying
generator knowledge for making
hazardous waste determinations for
potentially characteristic hazardous
waste. Much of this information has
been discussed in Federal Register
notices and other guidance documents
over the past 30 years.
Specifically, several FR notices
discuss what constitutes ‘‘process
knowledge’’ for making a hazardous
waste determination and include the
following potential sources: (1) Waste
analysis data or studies on wastes
generated from processes similar to that
55 Letter from Sylvia Lowrance, Director of EPA’s
Office of Solid Waste to Basil Constantelos, SafetyKleen, October 28, 1992, RCRA Online 13570.
56 Letter from Sylvia Lowrance, Director of EPA’s
Office of Solid Waste to James Maes, Blue Beacon
International, Inc., May 1, 1991, RCRA Online
11603.
E:\FR\FM\25SEP2.SGM
25SEP2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
which generated the original waste; 57
(2) waste analysis data obtained by
TSDFs from the specific generators that
generated the waste and sent it off site,
and (3) waste analysis data obtained by
generators or TSDFs from other
generators, TSDFs, or areas within a
facility that test chemically identical
wastes.58 In addition, information about
chemical and physical properties of
manufacturing feedstocks or product
contained in Material Safety Data Sheets
(MSDS), or Safety Data Sheets (SDS)
under OSHA’s regulations
implementing the UN Global
Harmonized System of Classification
and Labelling of Chemicals (GHS), or
other reliable data sources may be used
to assist the generator in determining
whether any of the product’s
constituents or properties would make it
a characteristic waste, when
discarded.59 Also, an FR notice from
2003 identifies still other information
that the Agency has considered
appropriate and useful in using
knowledge to classify waste, including
special handling of waste by the
generator to temporarily prevent it from
exhibiting a hazardous characteristic
(e.g., keeping it either wet or dry to
prevent reaction to air or water,
respectively); testing using nonregulatory tests that may illustrate some
of the waste’s properties; classification
under certain Department of
Transportation hazardous material
designations that may be similar to or
overlap with RCRA hazardous
characteristics, as well as identification
of environmental damage attributable to
mismanagement or disposal of the
waste.60 61 All of the above examples are
considered as acceptable types of
knowledge that can be used by a
generator.
Some states have also provided
guidance to their generators on some of
the challenges of only using process
knowledge. For example, the
Connecticut Department of Energy and
Environmental Protection notes that
although knowledge of process
information can be very useful
(especially in identifying hazardous
constituents that are known to be
57 62 FR 62081–2, November 20, 1997; 58 FR
48111–12, September 14, 1993.
58 62 FR 62081–2, November 20, 1997.
59 Letter from Matt Hale, Director of EPA’s Office
of Solid Waste, to Michael Beckel, 3E Company,
June 6, 2008, RCRA Online 14790, and 68 FR
59940, October 20, 2003.
60 68 FR 59939–40, October 20, 2003.
61 Test methods developed by the UN Committee
on Transport of Dangerous Goods, the National Fire
Protection Association, or others may be useful and
relevant for evaluating a particular waste. However,
the generator must show the relevance of the test
to waste evaluation.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
present), it may not always be adequate
to fully and properly characterize a
waste. In particular, knowledge of the
process may not account for factors such
as trace contaminants that may not be
listed on an MSDS (only chemicals
present at concentrations greater than
1% are typically identified),
contaminants introduced during use,
and cross-contamination from other
wastes. As a result, some sampling may
be required by the state to properly
characterize a waste.62
Similarly, the Georgia DNR has
highlighted some of the challenges of
only using process knowledge. In
particular, a GADNR publication states,
‘‘Using [process] knowledge alone to
make a hazardous waste determination
may not always be adequate due to the
variability of the waste, or the lack of
knowledge of chemical processes in
generating the waste. In those cases
where the waste generated is variable,
generators may choose to make a
determination that the waste is
hazardous waste rather than testing the
waste each time it is generated. In
addition, in the case of a hazardous
waste that is always hazardous, but is
characteristic for certain constituents at
times, but not at others, the generator
may choose to be inclusive of all
potential waste codes, rather than test
the waste each time it is generated. If the
generator with a variable waste chooses
not to treat the waste as described above
in this paragraph, the waste must be
tested as generated.’’ 63
The Georgia DNR has also issued
useful guidance for its generators
regarding the testing and recordkeeping
for waste, stating that, ‘‘If test methods
are used to determine if the waste
exhibits a characteristic, a description of
how the waste was sampled to obtain a
representative sample and copies of the
analytical results for that sample should
be included as documentation of the
hazardous waste determination. The
generator may apply knowledge of the
waste and the generation process to
determine which constituents/
parameters to include in analyses, as
well as where and when sampling is
most appropriate. However, if the full
suite of analyses is not applied, the
generator must have sufficient
documentation to demonstrate why only
62 See Connecticut Department of Environmental
Protection Web site, Hazardous Waste
Determinations/Knowledge of Process at https://
www.ct.gov/deep/cwp/
view.asp?a=2718&q=325422&deepNav_GID=1967.
63 ‘‘10 Most Common Hazardous Waste (RCRA)
Violations in Georgia: 40 CFR 262.11 ‘‘Hazardous
Waste Determination,’’ Georgia Department of
Natural Resources https://epd.georgia.gov/sites/
epd.georgia.gov/files/related_files/site_page/
guidehwdet.pdf.
PO 00000
Frm 00025
Fmt 4701
Sfmt 4702
57941
certain analyses were applied, and not
all. Adequate documentation includes a
list of constituents/chemicals that make
up the waste, their physical and
chemical properties, the effects of the
process on the product/materials in the
waste, and whether the product/
material picks up additional hazardous
constituents (contaminants) in the
process; all of which provide knowledge
as to what constituents should be
included in the analyses.’’ 64 Other
states have also issued guidance
illustrating the need for generators to
understand the wastes they generate and
to consider all factors affecting waste
composition and properties in making
hazardous waste determinations.
c. Proposal on using process
knowledge. In consideration of the
above discussion and to better assist
generators in making hazardous waste
determinations, EPA is proposing to
revise the regulations associated with
using knowledge to identify waste
exhibiting a hazardous characteristic
currently found at § 262.11(c)(2). Under
this proposed rule, § 262.11(c)(2) would
move to § 262.11(d)(2) and would
identify various types of information
that EPA has identified in the past as
potentially relevant and acceptable for
making a RCRA waste determination,
including information about chemical
feedstocks and other inputs to the
production process; knowledge of
products, by-products, and
intermediates produced by the
manufacturing process; chemical or
physical characterization of wastes;
information on the chemical and
physical properties of the chemicals
used or produced by the processor or
otherwise contained in the waste;
testing that illustrates the properties of
the waste; or other reliable and relevant
information about the properties of the
waste or its constituents.
A test other than a test method set
forth in subpart C of 40 CFR part 261,
or an equivalent method approved by
the Administrator under 40 CFR 260.21,
is also acceptable and may be used as
part of a person’s knowledge to
determine whether a solid waste
exhibits a characteristic of hazardous
waste. However, such tests do not, by
themselves, provide definitive results
and the generator may need to identify
why the test is relevant.
The Agency requests comments on
the proposed changes associated with
revising § 262.11(c) and moving it to
64 ‘‘10 Most Common Hazardous Waste (RCRA)
Violations in Georgia: 40 CFR 262.11 ‘‘Hazardous
Waste Determination,’’ Georgia Department of
Natural Resources https://epd.georgia.gov/sites/
epd.georgia.gov/files/related_files/site_page/
guidehwdet.pdf.
E:\FR\FM\25SEP2.SGM
25SEP2
57942
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
§ 262.11(d). In particular, EPA requests
comment on whether the proposed
language is sufficient to improve the
existing regulatory text and better assist
generators in making more effective
hazardous waste determinations or
whether other improvements should be
made to the proposed regulatory text.
Effect of the Proposed Reorganization:
This section is not affected by the
proposed reorganization, but the
contents of current § 262.11(c) are being
revised and bumped to § 262.11(d) to
account for the new § 262.11(a).
6. Documenting and Maintaining
Records for Hazardous Waste
Determinations
The Agency is proposing to make one
organizational change and several
revisions to the recordkeeping
provisions associated with making a
hazardous waste determination, a
provision found currently at § 262.40(c).
Section 262.40(c) currently states that a
generator must keep records of any test
results, waste analyses, or other
determinations made in accordance
with § 262.11 for at least three years
from the date that the waste was last
sent to on-site or off-site treatment,
storage, or disposal. This independent
recordkeeping requirement is applicable
to SQGs and LQGs only. CESQGs are
not affected by this section.
First, the Agency is proposing that
this paragraph be moved to § 262.11(e)
to integrate this provision with the
hazardous waste determination
regulations in that section. Additionally,
EPA is proposing to revise the wording
to better articulate the types of
information acceptable to making an
accurate hazardous waste determination
that must be maintained and to
emphasize the importance of this
section.
These records must include, but are
not limited to, the following types of
information that have been used by the
generator in making the waste
determination: The results of any tests,
sampling, or waste analyses; records
documenting the tests, sampling, and
analytical methods used and
demonstrating the validity (or quality
assurance/quality control) and relevance
of such tests; records consulted in order
to determine the process by which the
waste was generated, information on the
composition of the waste and the
properties of the waste; and records
which explain the basis for the
generator’s determination as described
at § 262.11(d)(2).
Second, the Agency is also restating
that these records must be maintained
for at least three years from the date that
the waste was last generated by the
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
facility and also stating that should the
generator be involved in any unresolved
enforcement action regarding a waste
determination, then the periods of
record retention are extended
automatically or if requested by the
Administrator. An ‘‘unresolved
enforcement action’’ means any formal
administrative, civil or criminal
enforcement action which has been filed
or issued against a generator by EPA or
authorized state pursuant to RCRA
subchapter III or VII and for which all
rights of appeal have not been
exhausted.
Additionally, EPA is proposing to
revise the wording of the section to
better articulate the types of waste
determination information that must be
maintained and to emphasize the
importance of this section. In an effort
to improve compliance with the
hazardous waste determination
regulations, and therefore improve
environmental protection, EPA is
proposing to revise the recordkeeping
regulations to require small and large
quantity generators making a waste
determination to document and
maintain records of all their hazardous
waste determinations, including
determinations where a solid waste is
found not to be a hazardous waste.65 In
many respects, this proposed change
also relates to the above proposed
change in the regulations to clarify that
generators must use due diligence in
making a hazardous waste
determination by applying process
knowledge and/or testing results to the
solid waste they generated. The Agency
believes it is very important that
generators make accurate hazardous
waste determinations to avoid potential
adverse impacts to human health and
the environment from the possible
mismanagement of hazardous waste.
Therefore, we believe the benefits to
human health and the environment far
outweigh the minimal costs of requiring
SQGs and LQGs to document hazardous
waste determinations, including
determinations where the solid waste
was found not to be a hazardous waste.
CESQGs would not be affected by this
change. However, maintaining a copy of
their hazardous waste determinations
may be beneficial to a CESQG to support
any questions posed during an
inspection by EPA or state inspector, as
well as to support their waste generator
category. In analyzing Kansas and Iowa
inspection data of CESQG facilities,
instances were found where the
65 As will be discussed later in this section, the
Agency does not intend for this provision to apply
to those generators that generate a solid waste that
clearly has no potential to be a hazardous waste.
PO 00000
Frm 00026
Fmt 4701
Sfmt 4702
generator failed to make an accurate
hazardous waste determination
resulting in the generator moving into a
higher generator category and becoming
subject to the regulations of either an
SQG or LQG.
The hazardous waste determination
process is the gateway to the hazardous
waste generator regulatory program and,
to a great extent, its ultimate success. If
a generator can accurately identify the
types of hazardous wastes it generates,
it can then identify the applicable
regulations it must comply with to
ensure safe management of that waste.
Conversely, if a generator fails to make
an accurate hazardous waste
determination, that failure can
potentially lead to the mismanagement
of hazardous waste and environmental
damages. In addition, the generator
could then be cited in an enforcement
action not only for that violation, but
also for failing to comply with other
generator regulations, including
operating without a RCRA permit (see
§ 262.34(a) and (d)).
The Agency made this point clear
when it initially promulgated the
hazardous waste generator rules in
February 1980, where it stated, ‘‘The
determination is the crucial, first step in
the regulatory system, and the generator
must undertake this responsibility
seriously’’ (45 FR 12727, February 26,
1980). Unfortunately, as previously
discussed, there is a high rate of
noncompliance with the hazardous
waste determination regulations.
Under the current regulations at
§ 262.40(c), a generator is required to
document and maintain records of any
test results, waste analyses, or other
determinations made in accordance
with § 262.11 for at least three years
from the date that the waste was last
sent to on-site or off-site treatment,
storage, or disposal. When an inspector
sees a container or other waste
management unit, that inspector has the
authority to ask the generator how it
determined the regulatory status of the
waste, and the generator should be able
to articulate how that determination was
made. In many instances, the inspector
will also ask to see any documentation
supporting a questionable determination
that a material is not a hazardous waste
in order to understand how the
generator applied process knowledge or
the results of testing the waste to
support its non-hazardous waste
determination.
The Agency strongly believes that
documentation must be maintained for
waste determinations, not only when a
solid waste is a hazardous waste but
also when a solid waste is determined
by the generator to not be a hazardous
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
waste. The primary obligation for
generators is to accurately determine
whether or not a solid waste is a
hazardous waste. Requiring
documentation of this determination,
regardless of the outcome, is critical in
ensuring compliance with the current
hazardous waste determination
regulations.
The requirement that a generator
maintain records of determinations that
a solid waste is not a hazardous waste
was originally discussed in the
preamble to the 1978 proposed rule for
the hazardous waste regulatory program.
In fact, the Agency proposed the
following at 40 CFR 250.10(d)(1)(iii):
‘‘Generators who determine that their
waste is not hazardous shall retain
copies of the evaluation performed and
shall repeat the necessary evaluation or
testing when there is a significant
change in their feed material or
operations which may alter the test
results.’’ (43 FR 58955, December 18,
1978). In the February 26, 1980, final
rule for hazardous waste generators,
however, the Agency did not make this
requirement final. Rather, the Agency
simply promulgated the provision
stating that a generator must keep
records of any test results, waste
analyses, or other determinations made
in accordance with § 262.11 for at least
three years from the date the waste was
last sent to on-site or off-site treatment,
storage or disposal (45 FR 12734), which
could be interpreted to mean either that
a generator was required to keep records
or that a generator was not required to
keep records of solid wastes that were
not hazardous wastes. (This provision is
currently located at § 262.40.)
The Agency next discussed this issue
in a March 29, 1990, Federal Register
notice which clarified the rules by
stating that recordkeeping for
determinations that a solid waste was
not a hazardous waste was not
necessary. Specifically, the preamble to
this final rule stated, ‘‘If a waste is
determined to be hazardous, the
generator must keep records
establishing the basis for that
determination (40 CFR 262.40(c)). These
records must be maintained for at least
3 years after the generator no longer
handles the waste in question. Neither
of these recordkeeping requirements,
however, applies to solid waste
generators who do not generate
hazardous wastes’’ (55 FR 11829, March
29, 1990).
At the time the 1980 rules were
finalized, the Agency had no experience
with their implementation and whether
documentation associated with
determinations that a waste was not a
hazardous waste was necessary. The
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
Agency now believes that the original
approach was insufficient. We now have
30 years of experience and compliance
data to support an independent
requirement that, as part of their
obligation to determine whether a waste
is hazardous under § 262.11, generators
need to keep records and
documentation of their waste
determinations, including
determinations that a solid waste is not
a hazardous waste.
As an example, Georgia DNR requires
that, in using generator knowledge, the
determination must be valid, correct,
and supported by documentation,
especially when that determination is
that the waste is not a hazardous waste
or does not carry certain waste codes
(contain certain contaminants).66 Even
in cases where state regulations do not
explicitly require documentation
supporting a determination that a solid
waste is not a hazardous waste, they
will seek documentation supporting that
determination when evidence suggests
the material is a hazardous waste.
Should documentation not be
presented, EPA and the states will often
take a sample to answer their own
questions about waste status.
The Agency does not believe
requiring generators to retain documents
used to make their non-hazardous waste
determinations will pose an undue
burden. In a review of 26 state waste
determination regulations as well as
discussions with several state agencies,
the Agency found that 17 states already
require documentation and
recordkeeping of a solid waste that is
not a hazardous waste.67 In EPA’s
discussions with states, several states
mentioned that they interpret the term
‘‘other determinations’’ at § 262.40(c) to
mean determinations that a solid waste
is not a hazardous waste. Further,
generators should already have this
information collected as part of their
compliance with other parts of § 262.11.
An examination of biennial report
data for a small sample of LQGs for both
2009 and 2011 reporting cycles
demonstrated that the majority of
generators generate the same hazardous
waste streams from year to year. In other
words, the Agency believes that, for the
most part, SQGs and LQGs will make a
hazardous waste determination once
66 ‘‘10 Most Common Hazardous Waste (RCRA)
Violations in Georgia: 40 CFR 262.11 ‘‘Hazardous
Waste Determination,’’ Georgia Department of
Natural Resources https://epd.georgia.gov/sites/
epd.georgia.gov/files/related_files/site_page/
guidehwdet.pdf.
67 As an example, some states interpret the term
‘‘other determinations’’ at 40 CFR 262.40(c) to mean
determinations that a solid waste is not a hazardous
waste.
PO 00000
Frm 00027
Fmt 4701
Sfmt 4702
57943
and will not need to make a new solid
waste determination unless something
changes in their process, thereby
reducing the need to document waste
determinations. This suggests that the
burden of documenting a non-hazardous
waste determination should be
relatively minimal.68
In light of the importance of making
accurate hazardous waste
determinations, and because of the high
rates of non-compliance with § 262.11
among generators, the Agency is
proposing to modify § 262.11 to
specifically require that SQGs and LQGs
document and maintain records of all
determinations, including
determinations that their solid waste is
not a hazardous waste. Again, the
Agency is not proposing to apply this
independent requirement to CESQGs.
A key issue with this provision will
be defining the scope of applicable
entities for this requirement. First,
documentation will not be required for
entities that do not generate a solid
waste, as defined by § 261.2, or that
generate a solid waste that has been
excluded or exempted from RCRA
Subtitle C controls. However, all
potential entities, with the exception of
households, must determine whether
they generate a solid waste as defined
by § 261.2 for purposes of the existing
RCRA hazardous waste regulations.
Solid wastes under § 261.2 include
spent materials, sludges, by-products,
scrap metal, and commercial chemical
products (CCPs) that are discarded.
Specifically:
• Spent materials as defined in
§ 261.1(c)(1), include any material that
has been used and as a result of
contamination can no longer serve the
purpose for which it was produced
without processing.
• Sludge, as defined in § 260.10,
means any solid, semi-solid, or liquid
waste generated from a municipal,
commercial, or industrial wastewater
treatment plant, water supply treatment
plant, or air pollution control facility.
• A by-product, as defined in
§ 261.1(c)(3), is a material that is not one
of the primary products of a production
process and is not solely or separately
produced by the production process.
Examples are process residues such as
slags or distillation column bottoms.
The term does not include a co-product
that is produced for the general public’s
use and is ordinarily used in the form
it is produced by the process.
68 Assessment of the Potential Costs, Benefits, and
Other Impacts of the Improvements to the
Hazardous Waste Generator Regulatory Program, As
Proposed, prepared for U.S. Environmental
Protection Agency by Industrial Economics,
Incorporated, May 2015, page 3–8.
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
57944
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
• Scrap metal, as defined in
§ 261.1(c)(6), is bits and pieces of metal
parts (e.g., bars, turnings, rods, sheets,
wire) or metal pieces that may be
combined together with bolts or
soldering, which when worn or
superfluous can be recycled.
• CCPs are those materials listed in
§ 261.33 or those CCPs which exhibit
one or more of the hazardous waste
characteristics. The tern CCP includes
those chemical substances which are
manufactured or formulated for
commercial or manufacturing use and
consist of commercially pure grades of
the chemical substance, any technical
grades of the chemical substance that
are produced or marketed, and all
formulations in which the chemical
substance is the sole active ingredient.
CCPs do not include or refer to wastes,
such as a manufacturing process
residue, that contain any of the
chemical substances.
Where there is a potential for a
discarded material to be a hazardous
waste listed under part 261 subpart D or
when the material may contain
hazardous constituents that would
exhibit a characteristic of hazardous
waste (i.e., ignitability, reactivity,
corrosivity or toxicity) under part 261
subpart C, these entities must make a
hazardous waste determination and
document that determination, including
for those solid wastes that are not
hazardous wastes.
If an entity is generating a hazardous
waste (and is, therefore, a hazardous
waste generator) and if it is generating
sufficient amounts of hazardous waste
in a calendar month to be considered an
SQG or an LQG, then these generators
would be responsible for documenting
determinations under this proposed
revision.
We would note that the existing
hazardous waste regulations already
require every generator to make a waste
determination and that the only
additional provision that this proposal
is addressing is that they document that
waste determination, including for those
wastes that are not hazardous waste.
The focus of this provision is on solid
wastes that have the potential to be
hazardous wastes. Thus, for the
purposes of this proposed provision, the
Agency is not interested in entities that
generate solid wastes that clearly have
no potential to be hazardous, such as
food waste, restroom waste, or paper
products. There are literally hundreds of
thousands of entities who generate such
wastes. In addition, lawyers and
accountants, business offices, religious
organizations, governmental
organizations, engineering and
architectural firms, among other sectors,
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
are not meant to be impacted by this
provision for everyday municipal waste
that does not have the potential to be
hazardous. Most elementary schools
also should not be affected by this
provision unless they have laboratories
that use large amounts of hazardous
chemicals where greater than 100
kilograms of non-acute hazardous waste
(or 1 kilogram of acute hazardous waste)
is discarded monthly or another source
of potentially hazardous waste.
In addition, as noted previously, for
the purposes of this proposed provision,
the Agency is not interested in entities
that generate 100 kilograms or less of
non-acute hazardous waste or 1
kilogram or less of acute hazardous
waste in a calendar month (e.g.,
CESQGs). The Agency requests
comment on verifying the above sectors
and identifying other industrial or nonindustrial sectors where the probability
is high that generators either do not
generate solid wastes that would be
identified or characterized as hazardous
under RCRA, or if they do, they generate
small enough amounts to most likely
qualify as a CESQG.
The Agency does not believe the cost
of documenting a waste determination,
whether non-hazardous waste or
hazardous waste, will be substantial. As
previously discussed, generators may
use either the results of testing their
waste or process knowledge to make a
hazardous waste determination. If a
generator tests its waste or hires a third
party to do so, then the written results
of those tests will be the documentation.
Similarly, if generator knowledge is
used to make the waste determination,
then a statement describing what the
basis of that knowledge was (e.g.,
information about chemical feedstocks
and other inputs to the production
process and how those chemical
feedstocks may change when introduced
into the production process; knowledge
of products, by-products, and
intermediates produced by the
manufacturing process; chemical or
physical characterization of wastes;
information on the chemical and
physical properties of the chemicals
used or produced by the processor or
otherwise contained in the waste;
testing that illustrates the properties of
the waste; or other reliable and relevant
information about the properties of the
waste or its constituents) will most
likely be sufficient.
In estimating the impact of requiring
SQGs and LQGs to document their nonhazardous waste determinations, the
Agency examined the relationship of the
number of hazardous wastes generated
per facility to non-hazardous waste
generated per facility and established an
PO 00000
Frm 00028
Fmt 4701
Sfmt 4702
approximate relationship of 60% to
40%. As part of this analysis, the
Agency also found from examining the
biennial report data that 50 percent of
LQGs generate from one to five
hazardous waste streams annually and
that many of these generators continue
to generate the same waste streams from
year to year.69 Therefore, for most LQGs,
the incremental cost to document their
non-hazardous waste determinations
should be minimal. The Agency
believes that many SQGs also generate
the same waste streams from year to
year.
However, from examining biennial
report data, the Agency is also aware of
situations where a generator generates
many different hazardous waste streams
each year. Examples include academic
and industrial laboratories, chemical
manufacturers, and TSDFs. As an
example, an analysis of the 2011
Biennial Report identified 843 LQGs
reporting that they generated 41 or more
hazardous waste streams. This analysis
derived an average of 17 hazardous
waste streams being generated by LQGs.
EPA can infer that these entities also
generate numerous types of solid, but
not hazardous, waste streams.70
Although TSDFs and chemical
manufacturers may generate many
different types of hazardous waste,
many of them also have sophisticated
protocols and testing procedures in
place to make a hazardous waste
determination. These processes should
be sufficient to provide the proposed
documentation to verify that the solid
waste is or is not a hazardous waste.
Other organizations may not and the
Agency is interested in how best to
address this important subject.
The Agency believes that requiring
SQGs and LQGs to document their nonhazardous waste determinations is
important to the success of RCRA
hazardous waste program in protecting
human health and the environment.
Additionally, the Agency believes the
proposed change will encourage
generators to develop better internal
processes and improve overall
compliance with the RCRA hazardous
waste regulations. At issue is how best
to implement this provision in the most
cost-effective manner possible.
Therefore, the Agency seeks comment
69 Assessment of the Potential Costs, Benefits, and
Other Impacts of the Improvements to the
Hazardous Waste Generator Regulatory Program, As
Proposed, prepared for U.S. Environmental
Protection Agency by Industrial Economics,
Incorporated, May 2015, page 3–8.
70 A more detailed discussion of this analysis can
be found in the Regulatory Impact Analysis that
accompanies this preamble and that can be found
in the docket to this rulemaking.
E:\FR\FM\25SEP2.SGM
25SEP2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
on how to balance the burden of
recordkeeping with the benefits from
ensuring waste is properly identified
and managed.
The Agency seeks comment from
those generators that generate many new
wastes each year, on ways that could be
used to reduce burden while
maintaining sufficient protection. The
Agency also seeks comment on whether
there are particular industrial sectors
where many, if not most, solid wastes
generated could be clearly determined
not to be hazardous wastes and whether
there are families of solid wastes where
it is clear that they will not be
hazardous wastes and thus can be
eliminated from this provision.
Effect of the Proposed Reorganization:
This section is affected by the proposed
reorganization and is located at
§ 262.11(e) of the proposed regulation.
The proposed reorganization is
discussed in section XIII of this
preamble.
7. Specifically Stating That the
Hazardous Waste Determination Must
Be Accurate
Generators have an obligation to
apply due diligence in making an
accurate hazardous waste determination
by using either knowledge of their
processes and waste and/or testing of
their waste. As discussed above, RCRA
inspectors often cite generators for
‘‘failing to make a waste determination’’
at § 262.11. By that we mean the
generator failed to accurately identify a
material that could be a solid waste, or
failed to accurately make a hazardous
waste determination. In both cases, the
generator’s failure to make accurate
solid and hazardous waste
determinations may result in adverse
impacts to human health and the
environment.
As previously stated, at the core of the
RCRA hazardous waste program is the
need for generators to make an accurate
hazardous waste determination.
Therefore, to emphasize this point the
Agency is modifying the regulatory text
at 40 CFR 262.11 to emphasize and
make clear that a generator who
generates a solid waste, as defined in 40
CFR 261.2, must accurately determine if
that waste is a hazardous waste.
A 1993 FR notice states that in the
case where a generator sends waste off
site for treatment, storage, or disposal,
the TSDF may rely on process
knowledge supplied by the generator as
a basis for the TSDF’s waste
characterization (40 CFR 264.13). The
notice points out that while using
process knowledge is ‘‘seemingly
attractive because of the potential
savings associated with using existing
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
information (such as published data),
the facility must ensure that this
information accurately characterizes
applicable wastes’’ (58 FR 48111,
September 14, 1993).
Generators often rely on a third party,
such as a TSDF, to help them make a
hazardous waste determination.
Whether the generator uses a third party
or not, the generator is responsible for
that determination. As such, the
generator should still apply its due
diligence to ensure a solid waste is not
a hazardous waste, and if a hazardous
waste, that it is characterized accurately.
Also with respect to characterizing a
hazardous waste accurately, a generator
identifying all possible RCRA waste
numbers (or RCRA hazardous waste
codes) on its manifest or container
marking does not satisfy the
requirement to make an accurate waste
determination. First, the TSDF will not
be able to treat the waste effectively or
efficiently to comply with land disposal
restriction requirements because it will
not know precisely what waste it needs
to treat. Second, the generator clearly
did not apply its due diligence
seriously.
The Agency also realizes that
generators, whether inadvertently or
intentionally, often make a hazardous
waste determination when the material
is actually a non-hazardous solid waste.
The intent of this proposed change
would not impact such determinations.
The generator is always free to manage
its solid waste as a hazardous waste if
it so desires. However, the Agency is
concerned about other related
situations, such as when a generator
applied due diligence but still made an
incorrect hazardous waste
determination potentially posing a risk
to the environment, or where a
generator intentionally tried to
circumvent waste determination
requirements.
EPA specifically requests comment on
reasons why it may not be feasible to
require a generator’s solid and
hazardous waste determinations to be
accurate and how best the Agency can
make clear that generators are
responsible for making an accurate
hazardous waste determination. EPA
also requests comment regarding ways
the proposed regulatory text could be
improved to better assist generators in
making more effective hazardous waste
determinations.
Effect of the Proposed Reorganization:
This section is not affected by the
proposed reorganization.
PO 00000
Frm 00029
Fmt 4701
Sfmt 4702
57945
8. Taking Comment on Maintaining
Records Until the Generator Closes
EPA is also using this notice to take
comment on an additional revision to
the hazardous waste determination
regulations at § 262.11, but is not
proposing any regulatory text for this
change. The Agency requests comment
on requiring SQGs and LQGs to
maintain records of their waste
determinations until the generator
closes its site, rather than for at least
three years from the date that the waste
was last sent to on-site or off-site
treatment, storage and disposal. Because
an inspector may not be able to inspect
every SQG and LQG within three years
from when the solid or hazardous waste
was first generated, a generator may
discard its waste determination records
prematurely. For practical reasons, the
Agency believes a generator will want to
maintain records of its solid and
hazardous waste determinations to
support and respond to any questions
an inspector may have about a
particular waste determination—even if
it is more than three years from when
it was first generated. Similarly, the
Agency believes generators that generate
large numbers of solid and hazardous
waste streams annually will
computerize their records, making it
easy to store and retrieve them when
necessary. For these reasons, the Agency
does not believe requiring SQGs and
LQGs to maintain records of their active
solid and hazardous waste streams
should be overly burdensome.
Finally, while the Agency is not
proposing that CESQGs maintain
documentation of their non-hazardous
waste determinations, the Agency does
seek comment on the economic costs
and environmental benefits of
potentially requiring CESQGs to
maintain documentation of their
hazardous waste determinations,
including their non-hazardous waste
determinations. The Agency realizes
that the total number of CESQGs is very
large—ranging from an estimated
293,000 to 463,000; however, the
Agency believes that based on the
number of waste streams generated by
SQGs and LQGs that such generators
should only be generating a few solid
waste streams and in many cases using
their knowledge of the process and
process materials in making hazardous
waste determinations. In other words,
the burden of documenting their
hazardous waste determination should
not be that costly for each CESQG.
Conversely, the costs of not making an
accurate hazardous waste determination
could be significant environmentally
and financially to the CESQG. For
E:\FR\FM\25SEP2.SGM
25SEP2
57946
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
example, in the case that a CESQG fails
to make an accurate hazardous waste
determination, resulting in the CESQG
actually being either a SQG or LQG,
hazardous wastes will likely be illegally
managed. Hazardous wastes that should
have been sent to a RCRA-permitted
treatment, storage or disposal facility
would instead be sent to a municipal
solid waste landfill, potentially posing
future environmental problems for that
landfill and community. EPA requests
comment on the potential
environmental benefits that could be
achieved if the Agency were to require
that CESQGs document determinations
that their solid waste is or is not a
hazardous waste.
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
9. Hazardous Waste Determination
Electronic Decision Tool
Building upon the above discussion
and the importance of making accurate
hazardous waste determinations, the
Agency also seeks comment on the
feasibility of developing a user-friendly
electronic hazardous waste
determination decision tool that
generators could use to assist them in
making a hazardous waste
determination. This electronic tool
would guide generators through a series
of analytical decision-type (Yes or No)
questions to assist them in determining
whether the solid waste they have
generated is also a hazardous waste
subject to the applicable RCRA
hazardous waste regulations. As part of
this decision tool, generators would be
able to document reasons why the solid
waste is a hazardous waste, or
conversely, why the solid waste is not
a hazardous waste.
Given the large number and great
variety of hazardous waste streams, a
key challenge would be to determine
how best to design this decision tool if
the Agency went forward in developing
it. Potential approaches include
designing the tool conceptually around
the following: (1) Industrial sectors; (2)
families of industrial materials (i.e.,
solvents, acids, metals, etc.); (3) broad
type of hazardous secondary material
(i.e., spent material, by-product, sludge,
etc.); (4) listed hazardous waste
organized by specific industrial sector
or non-specific sectors (e.g., solvents,
electroplating wastes, and characteristic
hazardous waste), or (5) an eclectic
approach that combined different
aspects of the approaches in (1) through
(4).
This decision tool could assist
generators to make the following
determinations under § 262.11:
• Whether the waste is excluded from
regulation under § 261.4 [§ 262.11(a)]
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
• Whether the waste meets any of the
hazardous waste listing descriptions in
part 261 subpart D [§ 262.11(b)]
• Whether the waste exhibits one or
more hazardous characteristics of
hazardous waste, as identified in part
261 subpart C [§ 262.11(c)]
• What are all applicable EPA
hazardous waste codes for wastes
determined to be hazardous [§ 262.11(f)]
An electronic decision tool could also
possibly provide a way for SQGs and
LQGs to maintain records supporting
their waste determinations [§ 262.11(e)].
Developing this decision tool would
be a major investment on the part of the
Agency and could take several years to
fully develop, test, and make
operational, with different components
produced for use over time. However,
even when completed (assuming it was
a worthwhile Agency investment to
pursue), this decision tool would never
be able to account for all the industrial
sector/family of industrial materials/
type of hazardous secondary material
possibilities that exist in industry.
Therefore, scoping such a decision tool
to capture as much of the most likely
industrial sector/family of industrial
materials/type of hazardous secondary
material possibilities would be the
Agency’s goal.
Additionally, if such a decision tool
were to be developed, the generator
would still be ultimately responsible for
making the hazardous waste
determination, since no decision tool
could ever account for its site-specific
circumstances.
Hazardous waste determination
software or tools could be web-based,
off-the-shelf, or both. The software or
tools could be developed by EPA, by
authorized states and tribes, by private
parties, or by public and private sector
collaboration.
The Agency particularly requests
comment on the feasibility of the private
sector developing electronic application
software (apps). An initial search for
preexisting hazardous waste
determination software identified no
relevant, privately-developed, off-theshelf software products to assist
generators in making accurate waste
determinations. However, EPA did
identify a variety of state and academic
internet-based hazardous waste
determination tools and workbooks.71
At issue is whether there is a market for
such an app and what EPA could do to
facilitate software development. The
Agency estimates the universe of
hazardous waste generators to be
approximately 400,000 to 500,000, with
a large majority being conditionallyexempt small quantity generators that
generate up to 220 pounds in a calendar
month.
EPA is seeking comment on whether
development of an electronic hazardous
waste determination decision tool is
feasible and by whom. The Agency
requests comment on what
circumstances would encourage the
private sector to develop such a tool or
app and on what generators would like
to see in terms of components and
organization that would facilitate a
generator using it.
71 See, for example, the Washington Department
of Ecology created an Excel program titled
‘‘Designation Tool 2.0 for Excel 2007,’’ to help
business make accurate waste designations in the
state of Washington. https://www.ecy.wa.gov/
programs/hwtr/manage_waste/des_intro.html; the
Texas Commission on Environmental Quality
created an online hazardous waste determination
tool, the ‘‘Waste Designation Decision Matrix.’’
https://www.tceq.texas.gov/assistance/waste-matrix/
matrixenter.html, and The Connecticut Department
of Energy and Environmental Protection’s RCRA
Help page provides a guide designed to help
businesses and individuals figure out which
hazardous waste requirements apply and how to
comply with them. https://www.ct.gov/deep/cwp/
view.asp?a=2718&q=434308&deepNav_
GID=1967%20.
PO 00000
Frm 00030
Fmt 4701
Sfmt 4702
C. SQG and LQG Re-notification (40
CFR 262.12)
1. Background
Under existing 40 CFR 262.12, SQGs
and LQGs are required to notify EPA
using EPA form 8700–12 (Site ID form)
in order to obtain an EPA identification
number (EPA ID). Without such
identification, a generator cannot treat,
store, dispose of, or transport, its
hazardous waste. Once a generator
applies for and receives an EPA ID,
information provided by the generator
(e.g., name, address, contact, industrial
sector, EPA hazardous waste numbers)
is entered into the state system and/or
EPA’s national data system (RCRAInfo)
to support program management
activities.
Subsequent to obtaining an EPA ID,
there is no federal regulation requiring
LQGs or SQGs to re-notify EPA to
update their site information or confirm
the information remains accurate.
However, LQGs do update their site
information as part of the biennial
report.
EPA believes that about half the states
require annual reporting by LQGs and
some require periodic reporting by
SQGs in order to determine user fees
based on the amount of hazardous waste
they generate. However, the data from
these annual reports may not always be
submitted to EPA’s national RCRA
database. Additionally, although many
LQGs currently submit a Site ID form as
part of their biennial report, this
E:\FR\FM\25SEP2.SGM
25SEP2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
independent requirement does not
apply to SQGs or to entities that initially
notified as an LQG, but were an SQG
during the biennial reporting year and,
thus, were not required to submit a
biennial report.
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
2. Problems With Outdated Information
The lack of re-notification at the
federal level greatly impairs EPA’s and
the states’ ability to use the information
for compliance monitoring and
programmatic purposes. This is because
a one-time notification provides no
assurance that the information collected
in EPA’s and the states’ databases over
time will accurately reflect which
facilities are generating hazardous
waste. For example, a recent
examination of EPA’s data reveals that
there are thousands of SQGs who last
notified over 20 years ago.72 EPA is
concerned that the probability a
generator that last notified prior to 1990
is still active and still an SQG is quite
small. Because of the outdated
information, it is difficult for EPA to
ascertain even simple statistics, such as
the number of SQGs currently operating,
let alone information that can be
reliably used for programmatic and
compliance monitoring purposes.
Because of the lack of integrity in the
data, the Agency and states must spend
their limited resources to ‘clean up’ the
data every time regulatory authorities
try to use it, for example, to estimate
regulatory burden and benefits to the
regulated community, offer compliance
assistance, or produce public reports on
hazardous waste generation.
Furthermore, regulatory authorities may
waste time and resources monitoring
compliance at entities that no longer
generate hazardous waste. This
inefficient use of resources lowers the
effectiveness of regulators to monitor
compliance overall and could
potentially increase the risk of
environmental damage from
mismanagement of hazardous waste. In
summary, the Agency and many states
have, for the most part, an outdated,
incomplete, and inaccurate
understanding of the LQG and SQG
universe. Consequently, over time, this
undermines the ability of EPA or the
states to make effective programmatic
decisions.
3. Proposed Periodic Re-Notification
EPA is proposing to add an explicit
independent requirement to the
regulations that both LQGs and SQGs renotify EPA using the Site ID form (EPA
72 Count of SQGs by Year of Last Notification
Received, December 12, 2012. Developed from
RCRAInfo data system using Form 8700–12 Site
Identification Form information.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
form 8700–12). 73 The intent of this renotification provision is to provide basic
information to the regulatory agencies
about who is generating and managing
hazardous waste. The information
required in the Site ID form includes:
• Site name, address, contact
information, and EPA ID number
• NAICS (North American Industry
Classification System) code
• Information regarding the entity’s
legal owner and operator
• Type of regulated waste activity
(e.g., hazardous waste generator
category and whether the entity is a
transporter, treater, storer, disposer, or
recycler of hazardous waste)
• Universal waste activities
• Used oil activities
• Notification for opting into or
withdrawing from managing laboratory
hazardous waste under 40 CFR part 262
subpart K
• Description of hazardous waste,
including a list of applicable federal and
state hazardous waste numbers
• Notification of hazardous secondary
material activity managed under certain
definition of solid waste exclusions.
• Certification signed by the entity’s
legal owner, operator, or authorized
representative.
The specific information included in
the notification will enable regulatory
agencies to monitor compliance
adequately and to ensure hazardous
wastes are managed according to the
appropriate RCRA hazardous waste
regulations. The information can be
used to assist RCRA inspectors in
determining which facilities may
warrant greater oversight and provides a
basis for setting enforcement priorities.
Notification information is collected in
EPA’s RCRAInfo database, which is the
national repository of all RCRA Subtitle
C site identification information,
whether collected by a state authority or
EPA. EPA provides public access to this
information through EPA’s public Web
site at https://www.epa.gov/enviro/html/.
Once an initial notification (to obtain
an EPA ID number) is submitted, to renotify, a generator need only review the
previous notification and either make
changes if necessary or confirm that the
information remains accurate.
Furthermore, EPA has recently made
available an electronic system for the
regulated community to use to submit
Site ID forms electronically, which will
further reduce burden on generators.
Facilities should check with their states
73 To the extent that other parts of the RCRA
regulations require the submittal of EPA form 8700–
12, for example, used oil generators or handlers, the
proposed re-notification provision would not
impact them, unless they were also an LQG or SQG
of hazardous waste.
PO 00000
Frm 00031
Fmt 4701
Sfmt 4702
57947
regarding whether their state will use
EPA’s electronic submittal process.
The proposed rule would require
LQGs, having first obtained an EPA ID
number, to re-notify EPA using the Site
ID form prior to March 1 of each evennumbered year. This time frame is the
same as that for the biennial reports in
40 CFR 262.41. Adding this provision to
§ 262.12 in the existing regulations
(which is § 262.18 in the proposed
reorganization in this proposed rule)
reflects existing processes by which
LQGs already submit Site ID forms as
part of the biennial reporting process.
EPA also believes that the requirement
to re-notify is particularly important
considering generators may change
regulatory status from LQGs to SQGs
and vice versa.
EPA is also proposing that SQGs,
having first obtained an EPA ID number,
must re-notify EPA using the Site ID
form prior to February 1 of each evennumbered year. We propose the twoyear time frame to mimic the current
biennial reporting process for LQGs;
however, we propose to require that
SQG re-notifications (due by February 1
of each even-numbered year) to occur
one month prior to the due date for LQG
re-notifications (due by March 1 of each
even-numbered year) to help reduce the
burden on states that must process the
re-notifications. We are also taking
comment on whether re-notifying every
four years would be appropriate for
SQGs.
EPA also considered whether to
require SQGs to re-notify on alternate
years—that is, by March 1 of each oddnumbered year, from LQGs, in order to
further reduce the burden on states.
However, this may complicate the
regulations because a generator can
change its generator category year-toyear. For example, it is possible that a
generator who is an LQG during the
SQG-reporting year and an SQG during
the LQG-reporting year would not have
to submit any notification to EPA.
Furthermore, requiring SQG and LQG
re-notifications during the same year
enables EPA to include information
regarding SQGs in its National Biennial
RCRA Hazardous Waste Report.
EPA believes that requiring a set due
date (i.e., February 1) will ease
implementation and compliance with
the re-notification provision. However,
one alternative that the Agency seeks
comment on is to allow for ‘rolling’
notifications, in that generators could
re-notify at any time of the year as long
as they re-notified within two years of
the date of their last notification. EPA
understands that this alternative may
further reduce burden on the states that
would process the re-notifications, in
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
57948
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
that the state would receive the
notifications throughout the year rather
than all at once; however, it may also
complicate compliance by the regulated
community, as well as compliance
monitoring by the states and EPA, as
each LQG and SQG would have a
unique ‘due date’ that must be
individually tracked.
Another alternative to requiring
periodic notification (e.g., every two
years) that the Agency seeks comment
on would be for EPA to require an SQG
or LQG to re-notify only in the event of
a change to certain information, such as
(1) change in ownership and (2) change
in generator category.74 The Agency
believes that updating this specific
information is particularly important
because:
• Re-notifying when a generator has a
change of ownership is important so
that EPA and the states understand who
is legally responsible for managing the
generated hazardous waste.
• Re-notifying due to a change in
generator category provides EPA and the
state with information regarding what
regulations apply to the generator and
thus assist with compliance assistance
and monitoring activities.
EPA notes that, because an EPA ID
number is specific to a site location, a
change in site address for an entity
already requires the entity to apply for
a new EPA ID number using the Site ID
form.
In this case, EPA would require renotification within 30 days of when the
change occurred. Re-notification in the
event of change to these two items may
further reduce burden on LQGs and
SQGs, because EPA assumes that these
changes would happen fairly
infrequently. However, EPA also notes
that although LQGs and SQGs would
only have to re-notify in the event of a
change in its ownership or generator
category, re-notification would require a
complete submittal of all information
included in the Site ID form. EPA
understands that this alternative may
also increase the complexity of
implementing the regulation because it
would be difficult for regulatory
authorities to ensure that renotifications were received according to
the regulations. For example, if a facility
last notified ten years ago, it would be
difficult for EPA and the states to
ascertain whether the generator has
failed to re-notify in compliance with
the regulations or that the generator’s
74 EPA is also proposing a notification
requirement for (1) generators undergoing closure
(section VIII.G.); (2) LQGs that receive hazardous
waste from CESQGs (section VII.C) and (3) episodic
generators (section IX), which are discussed in
other parts of this preamble.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
information simply hasn’t changed
since its last notification. Additionally,
EPA notes that re-notification based on
a change does not result in data that is
as reliable as data provided in periodic
re-notifications because it provides no
information on generators that have
stopped operations.
4. Request for Comment
EPA requests comment on its
proposed change to require renotification for SQGs and LQGs,
including information regarding the
benefits and burden of such a provision.
EPA also requests comment on whether
such re-notification should be every two
years or one of the other alternatives
discussed above. Finally, EPA requests
comment on any other alternatives for
an independent re-notification
requirement, including suggestions that
would reduce the burden on states that
must process re-notifications.
Effect of the Proposed Reorganization:
This section is affected by the proposed
reorganization. EPA is proposing to
move § 262.12 (EPA identification
numbers) to § 262.18 and is proposing to
revise the title of the section to read
‘‘EPA identification numbers and renotification for large quantity generators
and small quantity generators.’’
D. Determining Generator Category
(Proposed New Section 262.13)
EPA is proposing a new section
§ 262.13, which would describe how a
generator determines which generator
category it would be subject to.
Proposed § 262.13 discusses the
framework for making a generator
determination in paragraph (a) and
stresses that the calculation is made
monthly and that the generator category
can change from month to month. The
proposed regulatory text would state
that a generator’s category is determined
each month by the amount of hazardous
waste it generates and may change from
month to month. The regulation sets
forth procedures to determine whether a
generator is a very small quantity
generator, a small quantity generator, or
a large quantity generator for a
particular month, as defined in § 260.10.
The discussion in § 262.13(a) is not a
new requirement for generators, but
these steps are not currently laid out in
the regulations in as succinct a manner.
EPA believes that the addition of the
definitions of generator categories to
§ 260.10 and this paragraph on how to
make a generator category determination
should provide specific instructions on
this matter for the regulated community
and thereby improve compliance with
the generator regulations.
PO 00000
Frm 00032
Fmt 4701
Sfmt 4702
Proposed paragraph (b) of § 262.13
would specifically address the situation
in which a generator generates any
combination of non-acute hazardous
waste, acute hazardous waste, and the
residues from the cleanup of a spill of
acute hazardous waste. This paragraph
presents a series of steps for a generator
to follow when determining its
generator category to ensure that it
selects the appropriate category for the
total amount and types of hazardous
waste generated.
Proposed §§ 262.13(c) and (d) are
existing provisions that we are
proposing to move from §§ 261.5(c) and
(d) of the existing regulations with a few
small wording changes to reinforce that
category determinations are made
monthly and do not otherwise represent
a change in the generator regulations.
EPA is requesting comment on the
proposal to add this description of how
a generator is to determine its generator
category to the regulations.
Effect of the Proposed Reorganization:
This section is partially affected by the
proposed reorganization. Some of the
language proposed for § 262.13 on what
materials to count when determining
generator category are moved from
existing § 261.5, but much of this
proposed regulation is new text.
E. Requiring Hazardous Waste Numbers
When Marking of Containers Prior to
Shipping Hazardous Waste Off Site to a
Designated RCRA Facility (40 CFR
262.32)
The Agency is proposing to modify 40
CFR 262.32 to require SQGs and LQGs
to mark their containers with the
applicable EPA hazardous waste
number (RCRA hazardous waste code)
prior to transporting their hazardous
waste off site to a designated RCRA
facility for subsequent management.
EPA is proposing this revision so that
TSDFs can readily identify the contents
of hazardous waste containers they are
receiving from generators and
effectively treat the wastes to meet land
disposal restriction requirements
(LDRs). As described elsewhere in this
proposal, the Agency is proposing
revisions to the marking and labeling of
containers and other waste
accumulation units in order for
employees, inspectors, emergency
responders, and waste handlers to better
understand the potential hazards
associated with the contents of
hazardous waste contained in a unit.
This proposed provision should not
increase burden on generators as it
reaffirms commonly used waste
management practices. Most generators,
or their designated waste handlers,
already mark their containers with the
E:\FR\FM\25SEP2.SGM
25SEP2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
applicable EPA hazardous waste
numbers prior to transporting their
hazardous waste off site. In fact,
requiring that applicable EPA hazardous
waste numbers be marked on containers
decreases overall burden because it
avoids the need for a TSDF to identify
the hazardous waste or send it back to
the generator for proper identification.
The Agency requests comment on this
proposed change.
Effect of the Proposed Reorganization:
This section is not affected by the
proposed reorganization.
F. Modifications to Management of
Containers, Tanks, Drip Pads, and
Containment Buildings (40 CFR
262.34(a)(2) and(3) and 40 CFR
262.34(a)(1))
The existing regulations for LQGs that
address the conditions for exemption
related to marking and labeling are at
§ 262.34(a)(2) and (3) for containers and
at § 262.34(a)(3) for tanks. The marking
and labeling condition for SQGs who
accumulate hazardous waste in both
tanks and containers are at
§ 262.34(d)(4), which references
§ 262.34 (a)(2) and (3). For practical
reasons, there are no requirements to
mark drip pads or containment
buildings that accumulate hazardous
waste other than requiring that
documentation must exist that describes
the procedures to ensure that each waste
volume remains in the unit for no more
than 90 days.
EPA is proposing to modify
§ 262.34(a)(2) to strengthen the marking
and labeling conditions for exemption
for containers and to modify
§ 262.34(a)(3) to strengthen and
consolidate the marking and labeling
conditions for exemption for hazardous
waste tanks, drip pads, and containment
buildings by LQGs. The Agency is also
proposing to modify § 262.34(d) to
strengthen the marking and labeling
conditions of containers, tanks, drip
pads, and containment buildings by
SQGs.
The proposed changes are consistent
with the applicable discussion of
marking and labeling of containers in
SAAs in section VIII.I. Where
differences may occur is when the
container may be shipped off-site as
opposed to when the contents of the
container are managed on-site, or
temporarily managed on-site (e.g., when
the container is moved from the SAA to
a central accumulation area and then
shipped off-site to a TSDF).
1. Container Marking and Labeling for
LQGs and SQGs (40 CFR 262.34(a)(3))
Currently, § 262.34(a)(3) requires each
container and tank to be labeled or
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
marked clearly with the words,
‘‘Hazardous Waste.’’ However, while the
words ‘‘Hazardous Waste’’ on containers
and tanks provide some measure of
information regarding the contents of
these units, this information fails to
describe the specific hazards of the
contents and what risk these wastes
could pose to human health and the
environment. EPA believes it is
important that employees, transporters,
downstream handlers, emergency
personnel, and EPA and state inspectors
know as much as possible about the
potential hazards of the contents in
containers being accumulated,
transported, and managed, whether onsite and/or off-site, so that the
hazardous wastes are managed in an
environmentally sound manner.
The Agency is proposing two
modifications that would strengthen the
labeling and marking conditions for
LQGs and SQGs accumulating
hazardous waste in containers. These
changes are similar to those proposed
for containers stored in satellite
accumulation areas (see section VIII.I.)
First, the Agency is proposing that SQGs
and LQGs accumulating hazardous
waste in containers mark their
containers with both the words
‘‘Hazardous Waste’’ and other words
that identify the contents of the
containers that a third party, such as an
emergency responder, co-worker
unfamiliar with the material, or even the
general public may recognize. Although
the words ‘‘Hazardous Waste’’ are
important to convey that the container
contains a waste, as opposed to a
product, and that a hazardous waste
determination has been made for the
contents, it does not convey more
practical information regarding the
contents of the container. Examples of
other words that identify the contents of
the container may include, but are not
limited to the name of the chemical(s),
such as ‘‘acetone’’ or ‘‘methylene
dichloride’’; or the type or class of
chemical, such as ‘‘organic solvents’’ or
‘‘halogenated organic solvents.’’
Another option for complying with this
provision is to use the proper shipping
name and technical name markings
used to comply with DOT requirements
at 49 CFR part 172 subpart D. The
Agency does not consider chemical
formulas, such as CH2Cl2 for methylene
dichloride, to be ‘‘words that identify
the contents of the container’’ since
chemical formulas may not be widely
known among emergency responders,
workers, and hazardous waste handlers
other than chemists.
If the hazardous waste will
subsequently be sent off-site for
treatment and disposal, an SQG or LQG
PO 00000
Frm 00033
Fmt 4701
Sfmt 4702
57949
may choose to use an appropriate DOT
proper shipping name found on the
hazardous materials table at 49 CFR
172.101 to identify the contents of the
container while it is accumulating onsite. That way, the generator will fulfill
EPA and DOT requirements
simultaneously; however, EPA is not
proposing to require the use of the DOT
shipping names while the hazardous
waste is accumulating on-site. We only
suggest that the DOT shipping name
may be one way that some generators
may choose to identify the contents of
the container.
EPA also believes use of the DOT
marking requirement should be
sufficient in many situations involving
DOT Class 9 hazardous materials that
are also hazardous waste, with the DOT
shipping name ending in N.O.S. (not
otherwise specified). As noted at 49 CFR
172.301 (b), generators using a DOT
shipping name ending in N.O.S. must
also provide the technical name of the
hazardous material in association with
the proper shipping name. However, the
Agency is requesting comment on
examples of when the DOT shipping
name would not meet EPA’s intent of
‘‘identifying the contents of the
container’’ and suggestions for
addressing this situation. EPA notes that
additional pre-transport requirements,
other than the DOT shipping name,
apply when shipping hazardous waste
off-site. We are not proposing to change
EPA’s existing requirements for pretransport requirements that are
currently found in §§ 262.30 through
262.33. Similarly, for packages subject
to 49 CFR, the generator or shipper/
carrier should be familiar with and
aware of the marking requirements at 49
CFR 172.304 and prohibited labeling
and label visibility requirements at 49
CFR 172.401 and 172.406, respectively.
The second modification we are
proposing for labeling containers in
central accumulation areas is to add a
provision that SQGs and LQGs mark
and label their containers with an
indication of the hazards of the contents
of the containers. SQGs and LQGs will
have flexibility in how to comply with
this new provision. That is, generators
can indicate the hazards of the contents
of the container using any of several
established methods, including, but not
limited to an EPA hazardous waste
characteristic(s) (ignitable, corrosive,
reactive or toxic); a hazard class label
consistent with the DOT requirements at
49 CFR part 172 subpart E (labeling); a
label consistent with the OSHA Hazard
Communication Standard at 29 CFR
1920.1200; a chemical hazard label
consistent with NFPA code 704; or a
hazard pictogram consistent with the
E:\FR\FM\25SEP2.SGM
25SEP2
57950
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
United Nations’ Global Harmonized
System (GHS). Generators also may use
any other marking or labeling
commonly used nationwide in
commerce that would alert workers and
emergency responders to the nature of
the hazards associated with the contents
of the containers.
EPA believes that placing both the
appropriate label and marking on
containers during hazardous waste
accumulation will enable persons who
may come in contact with it to be aware
of the hazardous contents of the
container with little or no additional
cost to generators. In many instances,
this proposed condition will already
have been satisfied if the generator
elects to move a container accumulating
hazardous waste in a satellite
accumulation area to a central
accumulation area.
In summary, EPA is proposing to
modify § 262.34(a)(3) and require LQGs
and SQGs to mark containers with the
following: (1) the words ‘‘Hazardous
Waste,’’ (2) other words that identify the
contents of the containers, and (3) an
indication of the hazards of the
container’s contents. We are not
proposing to change § 262.34(a)(2),
which requires LQGs and SQGs to mark
clearly and visibly the date
accumulation began on each container
and make that marking visible for
inspection.
The Agency requests comment on the
proposed changes for container marking
and labeling for LQGs and SQGs.
Effect of the Proposed Reorganization:
This section is affected by the proposed
reorganization in that the labeling and
marking regulations would be moved
from § 262.34 to § 262.16(b)(6) (for
SQGs) and to § 262.17(a)(5) (for LQGs).
The reorganization is discussed in
section XIII of this preamble.
2. Tank Marking and Labeling for LQGs
and SQGs (40 CFR 262.34(a)(3))
The Agency is proposing to modify
the regulations at § 262.34(a)(3) to
require LQGs and SQGs to use inventory
logs, monitoring equipment, or records
indicating the date the hazardous waste
first entered the tank in order to support
a generator’s determination that it has
not exceeded its 90 day accumulation
time limit, or in the case of an SQG, its
180-day time limitation. Exceeding the
90- or 180-day time limitation for LQGs
and SQGs, respectively, would be a
violation of a condition for an
exemption from permitting
requirements. Records from tank level
sensors also may be used which could
be either automatically logged from the
sensors to a computer record, or
recorded as part of a tank’s operational
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
daily inspection (see 40 CFR 265.195).
Generators may also use any other
methods that clearly demonstrate the
date hazardous waste first entered the
tank and show that the hazardous waste
was subsequently emptied within 90
days of the date it first entered that tank,
or 180 days in the case of an SQG
(unless the hazardous waste must travel
greater than 200 miles to a TSDF in
which case 270 days is allowed). The
generator must also use inventory logs
to identify the hazardous waste contents
and hazards of the tank.
With respect to the accumulation start
date, in the preamble to the
promulgation of the SQG regulations (51
FR 10160, March 24, 1986), EPA stated
that § 262.34 contains the conditions for
exemption for generators that
accumulate hazardous waste on site.
Under § 262.34(a), an LQG may
accumulate hazardous waste on site in
tanks or containers in any quantity for
up to 90 days (and up to 180 days for
a SQG unless the hazardous waste must
travel greater than 200 miles to a TSDF
in which case 270 days is allowed)
without the need to have interim status
or obtain a storage permit under RCRA,
provided the generator complies with
the conditions of § 262.34, which
include marking the date upon which
the period of accumulation begins.
While the preamble mentions marking
tanks and containers, the final
regulation at § 262.34(a)(2) requires
generators to mark the date upon which
each period of accumulation begins only
on containers.
As part of EPA’s Hazardous Waste
Technical Corrections and Clarifications
Direct Final Rule (75 FR 12989, March
18, 2010), the Agency sought to correct
this oversight by including what it
thought to be the appropriate clarifying
language. The proposed regulatory
language required generators to mark
the date upon which each period of
accumulation begins on each container
and tank, which would bring the
regulation in line with the preamble to
the 1986 rule. However, EPA received
numerous adverse comments regarding
this change and as a result withdrew
that proposed change. The comments
stated, among other things, that, unlike
containers, the Agency failed to realize
that generators do not actually mark
their tanks with the date upon which
each period of accumulation begins
because the tank is often a fixture that
is used and emptied repeatedly.
Commenters argued that marking tanks
would cause confusion since there
would be numerous markings all over
the tank making it difficult for the
generator and inspector to identify
when the last period of accumulation
PO 00000
Frm 00034
Fmt 4701
Sfmt 4702
began or could cause an extra effort of
removing the old marking before
applying a new one.
At least one commenter also cited an
EPA letter clarifying § 262.34(a)(l)(ii) in
connection with the turnover of
hazardous waste stored in generator
accumulation tanks.75 In that letter, EPA
stated that ‘‘LQGs utilizing a batch
process must meet the requirements of
§ 262.34(a)(l)(ii). For example, the use of
inventory records in conjunction with
tank markings may provide
confirmation that the tank has been
emptied within an appropriate time
period. Specifically, the inventory
records typically show the dates and
quantity of hazardous waste entering the
tank, as well as the dates the tank was
emptied. Shipping or hazardous waste
manifest records also may be used to
verify when the tank was emptied.
Likewise, tanks accumulating hazardous
wastes may have information indicating
the time and date hazardous waste first
entered the tank.’’ The Agency went on
to say that there may be other methods
to demonstrate that a tank has been
emptied, but any method used to
confirm compliance with
§ 262.34(a)(l)(ii) must be reasonable and
easily discernible to EPA or an
authorized state.
Later in this letter, EPA stated that
LQGs accumulating hazardous wastes
through a continuous flow process must
‘‘demonstrate that the hazardous waste
has not been stored for more than 90
days . . . For example, a generator
could confirm that the volume of a tank
has been emptied every 90 days by
recording the results of monitoring
equipment both entering and leaving a
tank. This recordkeeping, in
conjunction with the tank volume,
would enable inspectors, as well as
[site] personnel, to demonstrate
compliance with § 262.34(a)(l)(ii).
Likewise, in marking the tank, a
generator could mark both the tank
volume and estimated daily throughput
to allow inspectors to determine the
number of days that hazardous wastes
resides in a tank to determine
compliance with § 262.34(a)(l)(ii). As
noted above, there may be other
methods to demonstrate that the tank
has been emptied, but any method or
demonstration to confirm compliance
must be reasonable and easily
discernible to EPA or an authorized
state.’’
Subsequent to withdrawing the
provision at § 262.34(a)(2) as part of
75 Letter from Matt Hale, Director of EPA’s Office
of Solid Waste to John Hopewell, National Paint
and Coatings Association, February 16, 2007, RCRA
Online 14764.
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
EPA’s Hazardous Waste Technical
Corrections and Clarifications Direct
Final Rule due to adverse comment,
EPA also confirmed with state officials
that current operating practices do not
include generators physically marking
their tanks. Instead, generators are able
to use inventory logs, monitoring
equipment, or other methods to
demonstrate that a tank has been
emptied within 90 days of the date
hazardous waste first entered the tank.
Therefore, with respect to the
accumulation start date for tanks, EPA
is proposing that generators may use
inventory logs, monitoring equipment or
records indicating the date the
hazardous waste first entered the tank,
as long as this information is
immediately accessible for inspection.
Records from tank level sensors also
may be used that are either
automatically logged from the sensors to
a computer record or recorded as part of
a tank’s operational daily inspection
(required by 40 CFR 265.195).
Generators may also use any other
methods that clearly demonstrate the
date hazardous waste first entered the
tank and was subsequently emptied
within 90 days of the date hazardous
waste first entered that tank.
The same issue potentially applies to
a generator physically marking and
labeling the contents of the tank and its
associated hazards. If the contents and
associated hazards frequently change,
then physically marking the tank could
result in numerous markings and labels
on the tank, making it difficult for
employees and others to identify its
contents. Therefore, following the same
logic, the Agency is proposing that
generators use inventory logs or records
to identify the contents of the tank and
its associated hazards. The Agency is
also proposing that such tank logs be
immediately accessible by the generator
should the need arise.
The Agency requests comment on the
feasibility and effectiveness of using
inventory logs or records to identify the
contents and hazards of a hazardous
waste tank. The Agency also requests
comment on alternative methods of
identifying the contents and hazards of
a hazardous waste tank in a more costeffective manner.
Consistent with the existing
regulations for tanks at § 262.34(a)(3),
the Agency will continue to require that
hazardous waste tanks be labeled with
the words ‘‘Hazardous Waste.’’
Effect of the Proposed Reorganization:
This section is affected by the proposed
reorganization. The labeling and
marking regulations would be moved
from § 262.34 to § 262.16(b)(6) (for
SQGs) and to § 262.17(a)(5) (for LQGs).
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
The reorganization is discussed in
section XIII of this preamble.
3. Drip Pad and Containment Building
Marking and Labeling for LQGs and
SQGs (40 CFR 262.34(a)(3)) 76
The existing regulations for drip pads
at § 262.34(1)(iii)(A) and (B) require
generators to produce a description of
the procedures that will be followed to
ensure that all wastes are removed from
the drip pad and associated collection
system at least every 90 days, and to
produce documentation of each waste
removal, including the quantity of waste
removed from the drip pad and the
sump or collection system and the date
and time of removal. Likewise, the
existing regulations for containment
buildings at § 262.34(1)(iv)(A) and (B)
require the generator to produce a
written description of the procedures to
ensure that each waste volume remains
in the containment building for no more
than 90 days, a written description of
the waste generation and management
practices for the facility showing that
they are consistent with respect to the
90-day limit, and documentation that
the procedures are complied with.
However, in both instances, the existing
regulation explicitly fails to account for
when the hazardous waste is first placed
in or on the unit, which raises questions
as to how a generator documents that it
has met the 90-day limit.
Therefore, to address this
shortcoming, and because the risks for
accumulating hazardous wastes on drip
pads and containment buildings are
similar to those accumulating in tanks,
and for purposes of consistency and
uniformity with the marking and
labeling provisions for tanks, the
Agency is proposing the same marking
and labeling regulatory framework for
hazardous wastes accumulated on drip
pads and in containment buildings that
it is proposing for tanks.
Specifically, the Agency is proposing
that hazardous waste accumulated on
drip pads and in containment buildings
be labeled in a conspicuous place near
these units with the words ‘‘Hazardous
Waste.’’ The Agency is also proposing to
revise the existing marking regulations
and clarify that LQGs and SQGs
document the date that the hazardous
waste was first placed on the drip pad
and the sump or collection system in
order to verify that the removal or
turnover of the hazardous wastes on the
drip pad took place within 90 days or
less in order to support a generator’s
76 Note: Under a separate provision discussed in
section VIII.J, the Agency is proposing to allow
hazardous waste to be accumulated by SQGs in drip
pads and containment buildings.
PO 00000
Frm 00035
Fmt 4701
Sfmt 4702
57951
determination that it has not exceeded
its 90-day accumulation time limitation.
Exceeding the 90-day time limitation for
LQGs and SQGs, respectively would be
a violation of a condition for an
exemption from permitting
requirements. Note that this is also
important because, as described in
section VIII.J below, SQGs may move
their wastes from one type of unit to
another (e.g., drip pad to containers),
and without knowing the start and end
dates, the generator will not be able to
confirm that it met the appropriate
accumulation time limitations.
Consistent with current drip pad
regulations in 40 CFR
262.34(a)(1)(iii)(A) and (B), these
provisions will continue to include a
description of the procedures to be
followed by both SQGs and LQGs to
ensure that all wastes are removed from
the drip pad and associated collection
system at least once every 90 days as
well as documentation of each waste
removal.
Finally, the Agency is proposing that
generators use inventory logs or records
to identify the contents of the drip pad
and its associated hazards and that such
logs and records be immediately
accessible. The Agency believes that
these requirements are necessary to
ensure that workers and emergency
responders handling or coming in
contact with the waste understand the
hazards and dangers that they may be
exposed to.
In addition, as with the proposed
changes for hazardous wastes
accumulated in tanks and on drip pads,
the Agency is proposing to clarify that
LQGs and SQGs may use inventory logs,
monitoring equipment, or any other
effective means to document the date
the hazardous waste was first placed in
the containment building and the date
when the hazardous waste was removed
to verify that the waste was
accumulated no more than 90 days at
any one time.
Consistent with the existing
regulation at § 262.34(a)(1)(iv)(A) and
(B) for containment buildings, the
proposed regulation for both LQGs and
SQGs will state that the generator must
maintain the following records and that
they can do so by using inventory logs,
records from monitoring equipment, or
any other effective means:
(1) A professional engineer
certification that the building complies
with the design standards specified in
40 CFR 265.1101 in the facility’s
operating record prior to operation of
the unit; and
(2) A written description of
procedures to ensure that each waste
volume remains in the unit for no more
E:\FR\FM\25SEP2.SGM
25SEP2
57952
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
than 90 days by identifying the date
hazardous waste first started to be
accumulated, a written description of
the waste generation and management
practices for the site showing that they
are consistent with respecting the 90
day limit, and documentation that the
procedures are complied with; or
(3) Documentation that the unit is
emptied at least once every 90 days.
Finally, the Agency is proposing that
generators use inventory logs or records
to identify the contents of the
containment building and its associated
hazards and that such logs and records
be immediately accessible. As with the
proposed changes to the marking and
labeling of drip pads, the Agency
believes that these requirements are
necessary to ensure that workers and
emergency responders handling or
coming in contact with the waste
understand the hazards and dangers that
they may be exposed to.
As with the proposed changes to the
tank marking and labeling regulations at
§ 262.34(a)(3), the Agency requests
comment on the necessity and
effectiveness of explicitly requiring
generators to use inventory logs or
records to identify the contents and
hazards of hazardous waste
accumulated on a drip pad or in a
containment building. The Agency also
requests comment on alternative
methods of identifying the contents and
hazards of a hazardous waste on a drip
pad or in a containment building in a
more cost-effective manner. Lastly, the
Agency requests comment on how a
generator can more effectively mark or
label a drip pad or containment building
with the words ‘‘Hazardous Waste.’’
Effect of the Proposed Reorganization:
This section is affected by the proposed
reorganization. The labeling and
marking regulations would be moved
from § 262.34 to § 262.16(b)(6) (for
SQGs) and § 262.17(a)(5) (for LQGs).
The reorganization is discussed in
section XIII of this preamble.
4. Request for Comment on
Documentation of Waste Accumulation
Unit Inspections
a. Container inspections at §§ 262.34.
The Agency is requesting comment in
this proposal on requiring both LQGs
and SQGs, as a condition for exemption
to record the results of their required ‘‘at
least weekly’’ inspections to emphasize
the importance of these inspections in
preventing releases into the
environment and to provide a measure
of accountability that a generator
inspection of its containers actually took
place.
As part of the proposed reorganization
to make the generator regulations more
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
user-friendly, the Agency is proposing
to incorporate parts of the existing
regulatory text at § 265.174 (Container
Inspections) into § 262.34 (§ 262.16(b)(2)
for SQGs and § 262.17(a)(1) for LQGs
under the proposed reorganization) and
to revise these paragraphs to incorporate
the existing regulatory text at § 265.171
for remedial action that is required if
deterioration or leaks are detected.
The requirement for container
inspections at § 265.174 states that the
owner or operator must inspect areas
where containers are stored at least
weekly and that the owner or operator
must look for leaking containers and for
deterioration of containers caused by
corrosion or other factors.
Currently, neither SQGs nor LQGs are
required to record the results of their
weekly inspections. As a result, EPA
and some states have no reliable way to
verify that such inspections took place
unless, by the rare chance, an inspector
is inspecting a generator site at the same
time that the ‘‘at least weekly’’
inspection occurs or an inspector
notices a release from a container during
an inspection. This problem is
compounded by the fact that generators
accumulating hazardous wastes in
containers are not required to have any
type of secondary containment for their
containers. Therefore, should a release
occur, these problems could be
compounded if the ‘‘at least weekly’’
inspection fails to occur.
A review of state programs found that
many states already require generators
accumulating hazardous waste in
containers to maintain records of their
weekly inspections. Many of these states
provide templates for generators to use
to assist them in recording the results of
their inspections.77
EPA does not believe the burden
imposed upon generators to record the
results of its weekly inspections would
be significant, particularly if generators
use a template of some type to
document the results of inspections (see
examples of templates provided by
states to generators to assist them in
recording the results of inspections in
the docket to this proposal).
The Agency also believes that best
management practices for generators
would already include documenting the
results of their weekly inspections to
not only prevent any releases, but also
identify situations, such as a damaged
container, that could lead to a potential
release to the environment. That is, the
Agency believes that the incremental
cost of documenting the results of
77 See Sample of States With Container
Documentation Requirements in the docket for this
rulemaking.
PO 00000
Frm 00036
Fmt 4701
Sfmt 4702
weekly inspections would be less than
the costs of having to clean up after a
release.
The Agency is also seeking comment
on modifying the generator
accumulation conditions (the proposed
language at §§ 262.16(b)(2)(iv) and
262.17(a)(1)(v) under the reorganization)
to add a provision that generators
document their weekly inspections of
containers in central accumulation areas
and keep the log of the inspections at
the site for at least three years. The
record of each inspection would
document the following: the visual
inspection of containers to identify any
hazardous wastes accumulated in
rusting, bulging, or leaking containers; a
description of any discrepancies or
problem areas encountered in the
inspection and corrective actions taken;
and the signature or initials of the
inspector and the date of the inspection.
In requesting comment on
documenting the results of ‘‘at least
weekly’’ container inspections, the
Agency is interested in the
environmental and economic impacts of
requiring all generators accumulating
hazardous waste in containers to
document weekly container inspection,
as a condition for exemption.
Additionally, the Agency requests
comment on whether to require
documentation of such inspections if
the generator has a secondary
containment system to control leaks in
the event of a release of hazardous
wastes or other such incidents. The
Agency also requests comment on
whether this documentation
requirement should be limited to those
generators that accumulate a certain
amount of hazardous waste at any one
time or generators that accumulate more
than a certain number of containers in
a central accumulation area at any one
time. Lastly, the Agency also seeks
comment from generators in states who
already must maintain records of their
container inspections on their
experience with this provision and
whether there are effective alternative
options worth considering that achieve
the same goals.
b. Tank inspections for SQGs at
§ 262.34(d)(3) with cross-reference to
§§ 265.201(c) and (d). The Agency also
requests comment on requiring small
quantity generators accumulating
hazardous waste in tank systems to
document the results of their tank
inspections in order to emphasize the
importance of these inspections in
preventing releases into the
environment and to provide a measure
of accountability that a generator
inspection of its tanks actually took
place. Unlike LQGs accumulating
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
hazardous wastes in tanks, who must
document the results of their
inspections, SQGs have no such
provision in part 262. EPA proposes to
incorporate the regulatory text of
§ 265.201(c) and (d) into § 262.16.
The regulations at § 265.201(c)(1)
through (5) state that SQGs must inspect
discharge equipment, data from
monitoring equipment, and levels of
waste in a tank daily, unless the tanks
have secondary containment and leak
detection equipment or procedures, in
which case these can be inspected at
least weekly. In addition, SQGs must
inspect the construction of tanks and of
discharge confinement structures like
dikes and the areas immediately
surrounding them at least weekly.
Section 265.201(d) also requires that
SQGs with full tank secondary
containment to document in the
facility’s operating record when an
alternative inspection schedule is used.
However, neither § 265.201(c) nor (d)
contains a requirement to document the
results of any inspection findings.
Therefore, the Agency requests
comment on adding a paragraph to
§ 262.16 that would require that
generators record in a log the daily and
weekly results of inspecting their tanks
and maintain a record of those
inspections on site for at least three
years.
Similarly, the Agency requests
comment on adding a similar provision
to § 262.16 to address tanks with
secondary containment and leak
detection systems or practices to ensure
that leaks that are identified, that the
generator would be required to record in
a log the results of inspecting these
areas, including any leakage that may
occur and maintain a record of those
inspections on site for at least three
years.
In commenting on this matter, please
consider, in particular, whether it is
environmentally and economically
worthwhile to require SQGs
accumulating hazardous waste in tanks
to document the results of daily and
weekly tank inspections. The Agency
also requests comment on whether to
require the documentation of such
inspections if the SQG has a secondary
containment system to control leaks in
the event of the release of hazardous
wastes. Additionally, the Agency
requests comment on whether this
documentation requirement should be
limited to those generators that
accumulate a certain amount of
hazardous waste at any one time or
generators that accumulate hazardous
waste in more than a certain number of
tanks in a central accumulation area.
Lastly, the Agency also seeks comment
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
from SQGs in states who already must
maintain records of their tank
inspections on their experience with
this requirement and whether there are
effective alternative options worth
considering that achieve the same goal.
c. Drip pad inspections for both SQGs
and LQGs at § 262.34. The Agency also
requests comment on requiring both
LQGs and SQGs accumulating
hazardous waste on drip pads to
document the results of their drip pad
inspections. The current regulation in
§ 262.34(a)(1)(iii) references subpart W
of part 265. Section 265.444 in subpart
W currently requires that after
installation, liners and covers must be
inspected to ensure tight seams and
joints and the absence of tears,
punctures, or blisters and that while a
drip pad is in operation, it must be
inspected weekly and after storms to
detect evidence of various types of
damage to the drip pad or the systems
that prevent and detect run-off and
leakage.
As with hazardous waste accumulated
in containers by LQGs and SQGs and
hazardous waste accumulated in tank
systems by SQGs, there is no regulation
requiring them to document the results
of drip pad inspections. Therefore, the
Agency requests comment on modifying
the generator accumulation conditions
(§§ 262.16(b)(4) and 262.17(a)(3) in the
proposed reorganization) to add a
condition that the generator record in a
log the results of weekly inspections
and inspections after storms and that
the records address deterioration,
malfunctions or improper operation of
run-on and run-off control systems; the
presence of leakage in and proper
functioning of leakage detection
systems; and deterioration or cracking of
the drip pad surface. The generator
would be required to keep a record of
the inspections on site for at least three
years from the date of the last
inspection.
In commenting, please consider
whether it is environmentally and
economically worthwhile to require
SQGs accumulating hazardous waste on
drip pads to document the results of
weekly drip pad inspections.
Additionally, the Agency requests
comment on whether this
documentation requirement should be
limited to those generators that
accumulate a certain amount of
hazardous waste at any one time. The
Agency also seeks comment from SQGs
and LQGs in states who already must
maintain records of their drip pad
inspections on their experience with
this provision, including whether it
makes environmental and economic
sense to ensure releases do not occur
PO 00000
Frm 00037
Fmt 4701
Sfmt 4702
57953
and whether there are effective
alternative options that achieve the
same goals.
G. Generator Closure Regulations
EPA is proposing three changes to the
closure conditions for exemption from
permitting for LQGs in
§ 262.34(a)(1)(iv)(B). First, EPA is
proposing to consolidate the closure
regulations for LQGs accumulating
hazardous waste at § 262.17(a)(8). This
consolidation would include both the
general performance requirements
found at §§ 265.111 and 265.114 for
containers, tanks, drip pads, and
containment buildings, and the unit
specific requirements found at § 265.197
for tanks, § 265.445 for drip pads, and
§ 265.1102 for containment buildings.
Second, EPA is proposing to
strengthen the closure regulations for
LQGs accumulating hazardous waste in
containers in central accumulation areas
that plan to stop hazardous waste
accumulation in those containers by
requiring them to meet the same type of
closure regulations that apply for tanks,
drip pads and containment buildings,
including in those situations where a
generator is not able to demonstrate that
its contaminated soils can be practicably
removed or decontaminated.
Third, EPA is proposing to require an
LQG to notify EPA or the authorized
state using EPA form 8700–12 at least 30
days prior to closing the generator’s site
or when the generator closes a unit
accumulating hazardous waste.
Additionally, EPA is proposing that an
LQG notify EPA or their authorized state
within 90 days after closing the site or
the unit accumulating the hazardous
waste. This notification would state that
the LQG has clean closed or failed to
clean close and therefore must close as
a landfill.
1. Consolidation of Closure Regulations
for LQGs in Part 262
EPA is proposing to consolidate all of
the closure regulations for LQGs
accumulating hazardous waste in tanks,
drip pads, and containment buildings in
the generator accumulation conditions
(§ 262.17(a)(8) under the proposed
reorganization). EPA believes that the
current structure of these regulations
can be confusing and difficult to follow.
Currently, the closure regulations for
LQGs are found at § 262.34(a)(1). These
regulations refer to the general
performance requirements for closure at
§§ 265.111 and 265.114. Section 265.111
references the unit specific closure
regulations found at subpart J of part
265 (for tanks), subpart W of part 265
(for drip pads) and subpart DD of part
265 (for containment buildings). The
E:\FR\FM\25SEP2.SGM
25SEP2
57954
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
closure regulations for LQGs refer to the
TSDF regulations because the waste
accumulation units at LQGs (tanks, drip
pads, and containment buildings) are
similar to those at TSDFs and, thus,
present the same potential for adverse
impacts to human health and the
environment if closure is not conducted
properly.
However, while §§ 265.111 and
265.114 cite the specific closure
regulations for different types of units,
missing from § 265.111 is a reference to
drip pads and missing from § 265.114 is
a reference to both drip pads and
containment buildings. The Agency
believes these are inadvertent oversights
where EPA failed to make the
appropriate conforming changes when
the regulations for drip pads and
containment building were promulgated
in 1990 and 1992, respectively.78
Furthermore, as with other parts of
the hazardous waste generator
regulations, the accumulation
regulations at § 262.34 often reference
the detailed technical regulations of part
265 to reduce duplication. Part 265
describes the technical regulations for
interim status TSDFs. Usually, the
technical requirements in part 265 are
clear in distinguishing the generator
standards from standards for interim
status TSDFs (e.g., § 265.201 specifies
that the provisions of that paragraph are
only for SQGs); however, this is not the
case for the LQG closure regulations.
Finally, EPA believes the closure
regulations are unnecessarily confusing.
For example, the tank system
regulations for LQGs at § 262.34(a)(1)(ii)
make clear that the requirements of
§ 265.197(c) do not apply to LQGs. Yet,
LQGs must comply with § 265.111,
which in turn, at paragraph § 265.111(c)
requires LQGs to comply with
§ 265.197, which includes paragraph (c).
One commenter wrote about this
confusion when the Agency proposed to
clarify the closure regulations for LQGs
as part its March 18, 2010, Hazardous
Waste Technical Corrections and
Clarifications Direct Final Rule (75 FR
12989).79 The Agency has made clear in
guidance that generators are not subject
to § 265.111(c), except if the facility
cannot clean close its waste
accumulation unit(s), but we believe
that a regulatory change would make
this even more clear.80
Therefore, as a first step in improving
the usefulness of the closure regulations
for LQGs accumulating hazardous waste
in containers, tanks, drip pads, and
containment buildings, EPA is
proposing to consolidate and integrate
all relevant closure provisions for LQGs
accumulating hazardous waste in tanks,
drip pads, and containments buildings
at § 262.17(a)(8). The closure regulations
include the following: (1) the general
closure performance standards found at
§ 265.111(a) and (b); (2) a modified
version of the standards found at
§ 265.114 (Disposal or decontamination
of contaminated equipment, structures,
and soils) that incorporates regulatory
language applicable to containers, tanks,
drip pads, and containment buildings
undergoing closure; (3) the unit-specific
closure regulations relevant to tanks,
drip pads, and containment buildings
found at §§ 265.197(a) and (b),
265.445(a) and (b), and 265.1102(a) and
(b), respectively;81 (4) a provision
addressing the disposition of any
hazardous waste generated in the
process of closing either the generator’s
site or unit(s) accumulating hazardous
waste, and (5) a provision addressing
the situation when a waste
accumulation unit or site cannot clean
close and must close as a landfill. This
includes situations where an LQG
accumulating hazardous wastes in
containers cannot clean close. More
specifically, the proposed new closure
regulations in the generator
accumulation conditions at
§ 262.17(a)(8)(ii) would require LQGs at
closure to close the waste accumulation
unit or site in a manner that achieves all
of the following:
(1) Minimizes the need for further
maintenance by controlling,
minimizing, or eliminating, to the extent
necessary to protect human health and
the environment, the post-closure
78 Memo from Robert Springer, Director of EPA’s
Office of Solid Waste, to RCRA Directors,
September 24, 2003, RCRA Online 14681; Drip Pad
Closure Notification and Certification
Requirements, November 1, 1997, RCRA Online
14130; and RCRA/Superfund Hotline Monthly
Report, December 1998, RCRA Online 14321, that
states: ‘‘LQGs are subject to the most stringent
requirements, which include general closure
provisions and unit-specific ones. The general
closure requirements appear in Section 265.111 and
Section 265.114 (Section 262.34(a)(1)).’’
Additionally, the report states: ‘‘LQGs storing or
treating waste in tanks, on drip pads, or in
containment buildings are also subject to closure
requirements specific to these types of units.’’
79 Comments from the National Mining
Association, May 3. 2010. Docket ID No: ID EPA–
HQ–RCRA–2008–0678.
80 RCRA/Superfund Hotline Monthly Report,
December 1998, RCRA Online 14321.
81 Note: During the partial and final closure
periods, all contaminated equipment, structures
and soil must be properly disposed of, or
decontaminated unless specified otherwise in
§ 265.197, 265.228, 265.258, 265.280, or 265.310. By
removing all hazardous wastes or hazardous
constituents during partial and final closure, the
owner or operator may become a generator of
hazardous waste and must handle that hazardous
waste in accordance with all applicable
requirements of part 262.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
PO 00000
Frm 00038
Fmt 4701
Sfmt 4702
escape of hazardous waste, hazardous
constituents, leachate, contaminated
run-off, or hazardous waste
decomposition products to the ground
or surface waters or to the atmosphere;
(2) Properly disposes of or
decontaminates all contaminated
equipment, structures and soil and any
remaining hazardous waste residues
from waste accumulation units
including containment system
components (pads, liners, etc.),
contaminated soils and subsoils, bases,
and structures and equipment
contaminated with waste. Any
hazardous waste residues remaining in
the unit(s) being closed must be
removed from the unit(s). Any leakage
must also be decontaminated or
removed and managed as a hazardous
waste unless § 261.3(d) applies;
(3) Manages any hazardous waste
generated in the process of closing
either the generator’s site or unit(s)
accumulating hazardous waste in
accordance with all applicable
requirements of parts 260 through 270,
including removing any hazardous
waste contained in these units within 90
days of generating it and managing these
wastes in a RCRA Subtitle C hazardous
waste permitted or interim status
treatment, storage and disposal facility
or interim status facility; and
(4) Ensures that if the generator
demonstrates that all contaminated soils
cannot be practicably removed or
decontaminated as required in this
section, then the generator must close
the waste accumulation unit(s) and
perform post-closure care in accordance
with the closure and post-closure care
regulations that apply to landfills
(§ 265.310). In addition, for the purposes
of closure, post-closure, and financial
responsibility, such a waste
accumulation unit is then considered to
be a landfill, and the generator must
meet all of the standards for landfills
specified in subparts G and H of part
265.
2. Closure Regulations for LQGs
Accumulating Hazardous Waste in
Containers
As an additional condition to qualify
to accumulate hazardous waste without
a permit or interim status, EPA is
proposing to require LQGs accumulating
hazardous wastes in containers in
central accumulation areas that plan to
stop hazardous waste accumulation in
those containers to meet the same type
of closure regulations discussed above—
that is, the closure regulations for tanks,
drip pads, and containment buildings.
This includes situations where an LQG
accumulating hazardous wastes in
containers can demonstrate that any
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
contaminated soils cannot be
practicably removed or decontaminated
and as a result, the generator must close
the waste accumulation unit(s) and
perform post-closure care in accordance
with the closure and post-closure care
requirements that apply to landfills
(§ 265.310). In addition, for the purposes
of closure, post-closure, and financial
responsibility, such a waste
accumulation unit is then considered to
be a landfill, and the generator must
meet all of the requirements for landfills
specified in subparts G and H of part
265.
Supporting these proposed
regulations are damage cases by
generators who accumulated hazardous
wastes in containers. An examination of
Superfund removal actions shows LQGs
accumulating hazardous waste in
containers have sometimes closed their
doors or abandoned their sites, resulting
in environmental problems.82 Most
LQGs use containers to accumulate
hazardous wastes. Some LQGs may
generate relatively small quantities of
hazardous waste and therefore may not
need many containers to accumulate
their hazardous wastes, but other
generators generate a sufficient quantity
of hazardous waste to require the use of
a large number of containers each day.
Not ensuring that these sites are closed
properly increases the risk of more
damage cases.
For LQGs that accumulate hazardous
waste in containers or container units,
EPA is proposing closure regulations
that replicate the regulations in
paragraphs § 262.17(a)(8)(ii), mentioned
above. The Agency believes the closure
regulations are applicable to LQGs who
have accumulated hazardous waste in
containers as well as to LQGs who have
accumulated hazardous waste in tanks,
drip pads and containment buildings in
order to prevent adverse impacts to
human health and environment.
Therefore, as with LQGs that
accumulate hazardous wastes in tanks,
drip pads, and containment buildings,
should a generator decide to close a
container or stop accumulating
hazardous waste in containers at the site
altogether, it would be responsible for
complying with the regulations
proposed at § 262.17(a)(8)(ii) and
removing all relevant hazardous wastes
accumulated within 90 days of
generating it and any hazardous wastes
that also may have been accumulated in
SAAs. Otherwise, the generator would
fail to meet the conditions for the
exemption from permitting and would
be subject to the requirements of 40 CFR
82 See EPA’s On Scene Coordinator (OSC) Web
site: https://www.epaosc.org.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
parts 264, 265, 267 and the permit
requirements of part 270.
3. Notification by LQGs Upon Closure of
their Hazardous Waste Accumulation
Units
EPA is also proposing that an LQG
notify either EPA or its authorized state
at least 30 days prior to closure of a
hazardous waste accumulation unit,
such as a container, tank, drip pad, or
containment building, or closure of the
site altogether. EPA is also proposing
that such generators subsequently notify
EPA or its authorized state no later than
90 days after closure of the site or a
hazardous waste accumulation unit that
they have either clean closed (e.g.,
complied with the applicable generator
closure regulations) or, if they cannot
clean close, that they must close as a
landfill. If these changes are finalized,
EPA will amend EPA form 8700–12 to
incorporate collection of this
information.
The hazardous waste regulatory
program is a ‘‘cradle to grave’’ system in
which any hazardous waste generated
by an LQG (or SQG) must be
subsequently managed, either on site or
off site at an appropriate RCRA
destination facility. Missing from the
current regulatory framework is
knowledge by the regulatory authority
that the LQG, upon closing either a
waste accumulation unit or closing the
site altogether, properly closed the
accumulation unit in compliance with
the applicable closure regulations.
Without this knowledge, regulatory
authorities do not know whether
generators have abandoned the site,
leaving behind hazardous waste that
could subsequently result in a release to
the environment and adverse impacts to
human health and the environment.
Thus, these closure notifications are
important to ensure that LQGs close
their waste accumulation unit, or site, in
compliance with the applicable closure
regulations. Fail to properly close would
be a violation of the waste accumulation
exemption.
4. Request for Comment
EPA requests comment regarding its
proposal to consolidate the closure
regulations for hazardous waste
generated by LQGs in § 262.17(a)(8) and
whether this approach would improve
the readability/understandability of the
rules, and thus, improve compliance.
EPA also requests comment on whether
parts of the proposed closure
regulations at § 262.17(a)(8) should be
modified.
EPA also requests comment regarding
its proposal to strengthen the closure
PO 00000
Frm 00039
Fmt 4701
Sfmt 4702
57955
regulations for LQGs accumulating
hazardous waste in containers.
In addition, EPA requests comment
on whether it should require LQGs to
notify EPA regarding closure both prior
to closure (e.g., at least 30 days prior to
closure) and after closure (e.g., notify no
later than 90 days after the site has
closed one or all of its hazardous waste
accumulation units either by clean
closure or closed as a landfill) or
whether EPA should just require
notification only once—that is, after
closure (e.g., no later than 90 days after
closure). Requiring notification only
after closure of the hazardous waste
accumulation unit or site reduces the
generator’s paperwork burden in half
and allows EPA and the state to focus
on results. However, requiring
notification both before and after
closure creates greater visibility for this
important activity. The notification
creates an incentive for the generator to
take all appropriate actions once the
unit or site is closed and also provides
notice to EPA and the state to be aware
of this important activity and to plan for
a possible inspection to verify clean
closure has successfully occurred or
determine if additional closure efforts
are needed. EPA is currently of the
opinion that the additional
environmental benefits accrued from
requiring both notifications will exceed
the additional paperwork costs to the
generator. In conjunction with an LQG
notifying EPA no later than 90 days after
closure, EPA is also requesting comment
on whether, as part of the closure
notification requirements, LQGs should
be required to certify that they have
clean closed or failed to clean close all
applicable hazardous waste
accumulation units. This type of
notification would have the added
benefit of ensuring EPA knows that an
LQG performed their due diligence in
closing and can certify to either clean
closing or closing as a landfill.
Because there are no federal
regulations for closure of a waste
accumulation unit or site closure by
SQGs, SQGs are not required to comply
with the clean closure regulations, as
well as notify when they close any or all
waste accumulation units. Unlike LQGs,
which have no waste accumulation
limits as long as they remove any
hazardous waste within 90 days of
generating it, SQGs do have a waste
accumulation quantity limitation of
6,000 kilograms. Given this waste
accumulation quantity limitation, EPA
sees no reason at this time to propose
requiring SQGs to clean close or close
as a landfill if they cannot clean close.
However, EPA sees a potential benefit in
having SQGs notify EPA when SQGs
E:\FR\FM\25SEP2.SGM
25SEP2
57956
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
close to allow the regulatory authority to
follow-up and ensure that all hazardous
waste was removed and properly
managed. Therefore, EPA is requesting
comment regarding whether SQGs that
stop accumulating and close any or all
of their hazardous waste accumulation
units should notify EPA within 60 days
after closing.
Effect of the Proposed Reorganization:
This section is affected by the proposed
reorganization. The LQG closure
regulations would move to
§ 262.17(a)(8). The reorganization is
discussed in section XIII of this
preamble.
H. Changes to the Preparedness,
Prevention, and Emergency Procedures
Provisions (40 CFR 262.34(a)(4) and
262.34(d)(4) and (5))
EPA is proposing a number of
modifications to the conditions for
exemption for both SQGs and LQGs
regarding preparedness, prevention and
emergency procedures. The conditions
for SQGs are found at §§ 262.34(d)(4)
and (5) (which refer to the technical
standards at 40 CFR part 265 subpart C)
and the conditions for LQGs are found
at § 262.34(a)(4) (which refers to the
technical standards at part 265 subparts
C and D).
The proposed revisions are organized
in this section as follows: (1) Revising
the scope of the contingency planning
and emergency procedures regulations;
(2) revising § 265.37(a) to state that
when making arrangements with local
authorities regarding emergency
procedures, an SQG or LQG must first
attempt to make emergency
preparedness and procedures
agreements with its Local Emergency
Planning Committee (LEPC), and, if this
attempt is not successful (or there is no
LEPC in the area), the generator must
make an arrangement with its local fire
department and other emergency
responders; (3) modifying the
regulations for contingency plans for
LQGs in §§ 265.52 and 265.53 to add an
executive summary to the plan that a
new LQG would submit to the LEPC and
to adjust the content of an element of
the required contingency plan; (4)
making two revisions to the technical
standards regarding required equipment
that are part of the preparedness and
prevention regulations in part 265
subpart C that are applicable to both
SQGs and LQGs; (5) modifying the
preparedness and prevention provisions
for SQGs at § 262.34(d)(5) regarding
posted emergency coordinator
information and responsibility for
cleaning up a spill; (6) modifying the
personnel training provision for LQGs;
(7) taking comment on what personnel
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
should have mandated personnel
training, and (8) taking comment on
whether any of these proposed revisions
would be appropriate for TSDFs in
addition to generators.
Recent catastrophic chemical
accidents in the United States, such as
the 2013 West, Texas, fire and explosion
that killed 15 people, the 2010
explosion and fire at Tesoro Refinery in
Anacortes, Washington, that killed
seven employees, and the 2012 Chevron
Refinery hydrocarbon fire in Richmond,
California, that affected 15,000 people
in the surrounding area, highlight the
need for continued improvement in a
number of areas related to chemical
facility safety. To address these
concerns, the President issued
Executive Order 13650—Improving
Chemical Facility Safety and Security
(EO) on August 1, 2013.83 The EO
directed the Department of Homeland
Security, EPA, the Department of Labor,
the Department of Justice, the
Department of Agriculture, and the
Department of Transportation to
identify ways to improve operational
coordination with state, local, tribal,
and territorial partners; enhance federal
agency coordination and information
sharing; modernize policies, regulations,
and standards to enhance safety and
security in chemical facilities; and work
with stakeholders to identify best
practices to reduce safety and security
risks in the production and storage of
potentially harmful chemicals.
One of the key goals the EPA is
addressing through this effort is
enhancing and providing additional
support to State Emergency Response
Commissions (SERCs) and LEPCs to
assist them in collecting and analyzing
the chemical information they receive
from local facilities and developing
local emergency response plans to
mitigate or prevent a devastating
chemical disaster. Several of the
proposed requirements are aligned with
these EO efforts and will assist in
furthering this goal and with those of
the EO in general because they update
the regulations to make them
compatible with the current
infrastructure of emergency planning
and response by referencing LEPCs.
Additionally, these revisions would
provide a more usable contingency plan
to emergency responders en route to a
time-sensitive emergency at a generator
of hazardous waste. Before finalizing
these provisions, EPA will ensure that
they are aligned with the efforts to
83 https://www.whitehouse.gov/the-press-office/
2013/08/01/executive-order-improving-chemicalfacility-safety-and-security.
PO 00000
Frm 00040
Fmt 4701
Sfmt 4702
improve chemical plant safety and
security under the EO.
This preamble also discusses how
EPA might incorporate modern
technology into the emergency planning
and procedures regulations for
generators in order to provide
information more quickly to emergency
responders when faced with an event at
a generator.
In addition to the changes listed
above, as part of the reorganization of
the preamble discussed in section XIII,
EPA is proposing to copy the
preparedness and prevention
regulations for SQGs into § 262.16 and
to create a new subpart in part 262—
subpart M—that would contain the
more extensive preparedness,
prevention, and emergency procedures
regulations for LQGs. Copying a version
of these regulations into part 262 allows
most of the preparedness, prevention,
and emergency procedures regulations
for generators to be easily found without
accessing part 265 and with minimal
cross-referencing.84
As part of this reorganization, our
proposed regulation has replaced the
word ‘‘facility’’ in the regulations with
‘‘site’’ because ‘‘facility’’ is defined in
§ 260.10 as specific to TSDFs. Another
small revision that we propose because
of the reorganization of these
regulations is folding the ‘‘comment’’ in
§ 265.55 into the body of the
corresponding proposed regulation at
§ 262.264. We are proposing this
because Federal Register style no longer
permits this kind of comment in new
regulations.
1. Areas Subject to Preparedness,
Contingency Planning, and Emergency
Procedures Regulations
The current preparedness and
emergency procedures regulations do
not clearly state whether they are
applicable to the entire generator site or
only to areas where hazardous waste is
generated and accumulated on site (or
where allowable treatment may occur in
accumulation units) and when
transported off site for subsequent
treatment, storage, and disposal. EPA is
proposing that the regulations for
preparedness and prevention and for
contingency planning and emergency
procedures apply only to those areas of
a generator’s site where hazardous waste
84 Note that throughout this section, although we
are referring to the regulations by their current
citations, the fact that we are also proposing in most
cases to reorganize those requirements and copy
them into the generator requirements in part 262
means that the revisions discussed in this section
would not automatically apply to interim status
TSDFs, as the proposed revisions only apply to the
version of these regulations that is being proposed
to be in part 262.
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
is generated and accumulated and,
where applicable, to those areas where
allowable treatment may occur in
accumulation units.
The Agency is proposing to explicitly
state that the RCRA preparedness and
emergency procedures regulations are
limited strictly to areas where
hazardous waste is generated and
accumulated.
The Agency has previously signaled
that these requirements do not apply to
the entire generator site. In a November
7, 2006, letter, EPA stated that the 40
CFR part 265 regulations for LQGs set
forth in § 262.34(a)(4) apply to units
accumulating hazardous wastes. The
letter states that in order to comply with
the part 265 requirements referenced in
§ 262.34(a)(4), LQGs only need to
address those tanks, containers, drip
pads, and containment buildings that
accumulate hazardous wastes and are
subject to the 90-day generator
accumulation provision. As an example,
the letter states that when developing a
contingency plan, LQGs would only
need to include those 90-day
accumulation units involving the on-site
management of hazardous waste.85
It makes sense to limit the
applicability of these regulations only to
these areas because several other
statutes already address the
development and implementation of
contingency plans associated with other
areas of a generator site, such as the
storage of chemical materials other than
hazardous wastes. We also note that
considerable overlap exists in the
requirements in the various statutes
and, since 1997, the federal government
has encouraged facilities to develop
integrated contingency plans and has
provided guidance for doing so in the
Federal Register. The integrated
contingency plan is discussed further in
section VIII.H.3, below.
The language EPA is proposing to
change currently appears in §§ 265.30
and 265.50, though we are proposing to
move it to a new part 262 subpart M to
make it specific to generators. EPA
proposes that subpart M apply only to
those areas of a large quantity generator
where hazardous waste is generated and
accumulated on site in accordance with
the conditions in § 262.17. This
proposal includes a parallel change for
the emergency procedures regulations
for small quantity generators in
§ 262.16.
The Agency requests comment on
making it explicit in the regulations that
the preparedness, prevention, and
85 Memorandum from Matt Hale, Director of
EPA’s Office of Solid Waste, to RCRA Division
Directors, November 7, 2006, RCRA Online 14758.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
emergency procedures regulations apply
only to those areas of the generator’s site
where hazardous waste is generated and
accumulated, and where applicable,
those areas where allowable treatment
may occur in accumulation units.
Effect of Proposed Reorganization:
This section is affected by the proposed
reorganization. The proposed revisions
would appear at § 262.250 in a new
subpart M of part 262 and would not
appear in part 265. The reorganization
is discussed in section XIII of this
preamble.
2. Making Arrangements With the Local
Emergency Planning Committee
Sections 262.34(a)(4) and (d)(4) set
forth conditions for LQGs and SQGs that
accumulate without a permit. Both these
paragraphs include references to part
265 subpart C, which contains a
reference to § 265.37. Section 265.37(a)
states that ‘‘The owner or operator must
attempt to make the following
arrangements, as appropriate for the
type of waste handled at his facility and
the potential need for the services of
these organizations’’ and goes on to list
the types of local emergency officials
that should be informed about
hazardous waste at a facility, such as
fire departments and emergency
response teams, and the information the
generator should provide them.
The Agency is proposing to revise this
provision for generators to state that
SQGs and LQGs must first attempt to
enter into agreements with their LEPC,
but if there is no LEPC in the area or if
the LEPC does not respond or is
unwilling to enter an agreement, the
generator must enter into an
agreement(s) with the local fire
department and other emergency
responders. This proposed revision
would add to the regulations both a
reference to LEPCs and an explicit
statement that generators must enter
into an agreement with emergency
planning officials, rather than just
attempt to enter into an agreement.
a. Local emergency planning
committees. The Agency is proposing to
revise regulations that were finalized in
1980. The national and local
infrastructure for emergency planning
and response has changed significantly
since that time, but these regulations
have not been updated to reflect those
changes. The proposed revision to
specifically name LEPCs in this
regulation addresses that deficiency.
The Superfund Amendments and
Reauthorization Act (SARA) was
enacted in 1986. Title III of SARA is
also known as the Emergency Planning
and Community Right-To-Know Act
(EPCRA). EPCRA helps increase the
PO 00000
Frm 00041
Fmt 4701
Sfmt 4702
57957
public’s knowledge and access to
information regarding chemicals at
individual facilities, their uses, and
releases into the environment. States
and communities, working with
facilities, can use the information to
improve chemical safety and protect
public health and the environment.
EPCRA requires both small and large
entities to report chemical information
to the SERC, the LEPC, the local fire
department, and tribal nations.
EPCRA requires LEPCs to prepare a
comprehensive plan for local
communities designed to help them
prepare for and respond to emergencies
involving extremely hazardous
substances (EHS). Facilities covered by
EPCRA planning provisions are required
to cooperate in emergency plan
preparation and designate a facility
emergency coordinator to participate in
the planning process as well as notify
their SERC and LEPC within 60 days of
becoming subject to the emergency
planning requirements (when an EHS is
first present at the facility from a
shipment or production). Additionally,
as part of the community-right-to-know
provisions of EPCRA, facilities that have
hazardous chemicals for which they
must have or prepare an MSDS or SDS
and have at or above the threshold
amount of those chemicals must also
annually complete and submit an
Emergency and Hazardous Chemical
Inventory form (also known as a Tier II)
to the LEPC, to the SERC, and to the
local fire department by March 1. These
facilities must send copies of their
MSDS, SDS, or a list of hazardous
chemicals to the LEPC, to the SERC, and
to the fire department.86
In turn, LEPCs must develop an
emergency response plan, review it at
least annually, and provide information
about chemicals in the community to
citizens. These plans are developed by
LEPCs with stakeholder participation.
There are more than 3,000 designated
local emergency planning districts,
although not all of these districts have
functioning LEPCs. The LEPC
membership must include (at a
minimum) elected state and local
officials; police, fire, civil defense, and
public health professionals;
environment, transportation, and
hospital officials; facility
representatives; and representatives
from community groups and the media.
Although in many areas the LEPCs are
the main organizing entities for
emergency response, the RCRA
hazardous waste regulations do not
86 The regulations implementing the emergency
planning and notification requirements of EPCRA
can be found at 40 CFR part 355.
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
57958
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
mention them or their role in
contingency planning.
The proposed language directly
references LEPCs, stating that the
generator must make arrangements with
the Local Emergency Planning
Committee for the types and quantities
of hazardous waste handled at the site.87
This modification merely updates the
RCRA hazardous waste regulations to
match the current emergency planning
landscape.
Consistent with this proposed
modification at § 265.37, the Agency is
also proposing that when the language
in current § 265.52(c) is copied into part
262, it state that the plan must describe
arrangements agreed to with the Local
Emergency Planning Committee. Should
there be no Local Emergency Planning
Committee, should it not respond, or
should the Local Emergency Planning
Committee determine that it is not the
appropriate organization to make
arrangements with, then the large
quantity generator must make
arrangements with its local fire
department and other relevant
emergency responders (e.g., police and
hospitals) to coordinate emergency
services, pursuant to § 262.256.
The Agency requests comment on this
proposal to modify the language in
§§ 265.37(a) and 265.52(c) when they
are copied into part 262.
Effect of Proposed Reorganization:
These sections are affected by the
proposed reorganization. The proposed
regulation would appear in the SQG
standards at § 262.16(b)(8)(vi) and in the
new part 262 subpart M for LQGs at
§ 262.256 for arrangements and
§ 262.261(c) for the content of the
contingency plan. The reorganization is
discussed in section XIII of this
preamble.
b. Making required arrangements. The
other proposed modification to the
language currently in § 265.37(a) when
it is copied into part 262 addresses the
ambiguity of the current language,
which requires only that the owner or
operator ‘‘attempt to make’’
arrangements with local emergency
response authorities.
Section 265.37(a) states that the
owner or operator must attempt to make
arrangements with local fire and
emergency organizations, as appropriate
for the type of waste handled at the
facility and the potential need for the
services of these organizations.
87 Although much of the discussion of these
provisions for the purposes of this rule revolves
around hazardous waste generators, because the
provisions are located in part 265 for interim status
hazardous waste TSDFs, they will refer to the
persons regulated as ‘‘owner or operator’’ and the
entity being regulated as the ‘‘facility.’’
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
Paragraph (a)(1) makes clear that these
arrangements involve familiarizing
these organizations with the layout of
the facility, properties of the hazardous
waste handled at the facility and
associated hazards, places where facility
personnel would normally be working,
entrances to roads inside the facility,
and possible evacuation routes. Because
an SQG is not required to submit a
contingency plan, this language suggests
that SQGs need only invite local
officials to visit and familiarize
themselves with the site as compared to
LQGs, which are required to develop a
written contingency plan and provide it
to local officials.
Given the importance of emergency
preparedness and planning, EPA is
proposing to require that an SQG or an
LQG must make direct arrangements
with its LEPC as part of this condition.
The Agency believes the LEPCs, in turn,
will work with their local responders to
integrate the activities of SQGs and
LQGs into the overall emergency
response plan.
Many SQGs and LQGs may already
have arrangements with their LEPCs
because most SQGs and LQGs either
have EHSs that require reporting to the
LEPC, which triggers EPCRA emergency
planning requirements, or use chemicals
that require an SDS, triggering the
EPCRA community right-to-know
requirement to report to LEPCs.
However, in the case that a hazardous
waste generator does not have a
relationship with the LEPC, that LEPC
may view working with non-EPCRA
facilities as outside the scope of their
authority. Alternatively, there may be a
hazardous waste generator in a location
where there is no organized LEPC.
Therefore, as part of this regulation,
EPA proposes to require that an SQG or
LQG attempt to make formal
arrangements with its LEPC unless there
is no LEPC, the LEPC does not respond,
or the LEPC determines that it is not the
appropriate organization to make an
arrangement with. In this case, the SQG
or LQG would be required to make
arrangements with its local fire
department, as well as with other
relevant emergency responders, such as
the police department and local
hospitals.
The proposed regulatory text for this
condition would state that the generator
must make arrangements with the Local
Emergency Planning Committee for the
types and quantities of hazardous waste
handled at the site, as well as the
potential need for the services of the
local police department, other
emergency response teams, emergency
response contractors, equipment
PO 00000
Frm 00042
Fmt 4701
Sfmt 4702
suppliers, and local hospitals.88 Should
there be no Local Emergency Planning
Committee, should it not respond, or
should the Local Emergency Planning
Committee determine that it is not the
appropriate organization to make
arrangements with, then the generator
must make arrangements with the local
fire department and other relevant
emergency responders (e.g., police and
hospitals).
EPA is also proposing regulatory text
that describes procedures for how a
facility that is not able to make
arrangements with the LEPC would
make such arrangements with the fire
department and other local emergency
services. Much of this language
corresponds with the existing standards
for making arrangements with
emergency responders. These mandated
steps are not necessary in the case of
arrangements with the LEPC because
that group is likely to have standardized
procedures of its own to follow to make
these arrangements with facilities.
The Agency requests comment on its
proposal to require an SQG or an LQG
to enter into arrangements with its LEPC
unless there is no LEPC, the LEPC does
not respond, or the LEPC determines
that it is not the appropriate
organization to make arrangements
with, in which case the SQG or LQG
would enter into an arrangement with
its local emergency responders.
EPA is also proposing to add new
language to supplement this condition
because current § 265.37(a) does not
specify the frequency that hazardous
waste generators must make
arrangements with local authorities. For
example, should arrangements be
updated according to a set schedule or
only when modification is needed.
Considering that some SQGs and LQGs
may already coordinate with their
LEPCs annually as part of their EPCRA
requirements, the Agency is of the
opinion that it is not necessary to
include time frames for updating in this
rule. The Agency requests comments on
whether the regulations should mandate
how frequently a generator must
communicate with its LEPC or local fire
department if it has not otherwise
communicated with them.
Effect of Proposed Reorganization:
This section is affected by the proposed
reorganization. The proposed regulation
would appear in the SQG standards at
§ 262.16(b)(8)(vi) and in the new part
262 subpart M for LQGs at § 262.256.
The reorganization is discussed in
section XIII of this preamble.
88 This condition is being proposed at
§ 262.16(b)(8)(vi)(A) for SQGs and § 262.256 for
LQGs due to the proposed reorganization.
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
c. Documenting arrangements. As
noted above, the EPA thinks it is
important for both SQGs and LQGs to
make arrangements with their LEPCs. In
addition, EPA believes that
documentation of these arrangements
would be useful in ensuring that
generators have taken the necessary
steps to prepare for an emergency and
have a clearly defined plan with the
LEPC for emergency response.
Therefore, when EPA copies this
condition into part 262, EPA is
proposing to modify the language to
state that the generator shall maintain
records documenting the arrangements
with the Local Emergency Planning
Committee, or if appropriate, with the
local fire department as well as any
other organization necessary to respond
to an emergency. This documentation
may include a certified letter or any
other documentation that confirms such
arrangements actively exist.
One alternative suggested as part of
the 2004 Program Evaluation of the
hazardous waste generator regulatory
program would be to require hazardous
waste generators to list the emergency
response agencies that have agreed to
respond in the event of an emergency
with some documentation confirming
that the arrangements exist. In addition
to helping generators prepare for
emergencies, documentation of these
arrangements would provide the
necessary information for inspectors
when determining compliance. The
Agency believes this alternative may be
the most effective approach to
addressing the ambiguity that exists
with the existing regulations at
§ 265.37(b).
The Agency seeks comment on this
proposed change to documentation, in
particular whether local ordinances
already require generators to have
documentation of arrangements with
local emergency response organizations.
Effect of the Proposed Reorganization:
This section is affected by the proposed
reorganization. The proposed regulation
would appear in the SQG standards at
§ 262.16(b)(8)(vi) and in the new part
262 subpart M for LQGs at § 262.256(b).
The reorganization is discussed in
section XIII of this preamble.
d. Request for comment on emergency
procedures at large facilities with
internal emergency teams. Many large
organizations, particularly those that
operate 24 hours a day, such as airports
and military bases, have their own
emergency response capabilities. This
raises the question of whether and
under what circumstances arrangements
with local authorities would not be
needed to ensure effective emergency
response. The Agency seeks comment
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
on the feasibility of providing a waiver
from requiring either an SQG or LQG to
enter into arrangements with an LEPC
or, if appropriate, other local authorities
when they have 24-hour on-site
emergency response capabilities,
particularly under what circumstances a
waiver would be granted.
3. Changes to Contingency Plan
Regulations for LQGs
Under § 262.34(a)(4), LQGs are
required to comply with 40 CFR part
265 subpart D, §§ 265.50–265.56, which
describes the regulations on
contingency planning and emergency
procedures. These regulations address
the purpose of the contingency plan,
what it must contain, who receives
copies, how to amend the contingency
plan, and responsibilities of the
facility’s emergency coordinator and
emergency procedures. One important
thing to note is that the owner or
operator of the facility can develop one
contingency plan that meets all the
regulatory standards for the various
statutory and regulatory provisions for
contingency planning:
• EPA’s Oil Pollution Prevention
Regulation (SPCC and Facility Response
Plan Requirements) at 40 CFR 112.7(d),
112.20, and 112.21;
• EPA’s Risk Management Programs
Regulation at 40 CFR part 68;
• EPA’s Resource Conservation and
Recovery Act Contingency Planning
Requirements at 40 CFR part 264
subpart D, 40 CFR part 265 subpart D,
and 40 CFR 279.52;
• Department of Interior’s Bureau of
Safety and Environmental Enforcement
(BSEE) Facility Response Plan
Regulation at 30 CFR part 254;
• Pipeline and Hazardous Materials
Safety Administration (PHMSA)
Response Plans for Onshore Oil
Pipelines at 49 CFR part 194;
• U.S. Coast Guard’s (USCG) Facility
Response Plan Regulation at 33 CFR
part 154 subpart F;
• OSHA’s Emergency Action Plan
Regulation at 29 CFR 1910.38(a);
• OSHA’s Process Safety Standard at
29 CFR 1910.119; and
• OSHA’s HAZWOPER Regulation at
29 CFR 1910.120.
EPA recommends that generators base
their contingency plan on the National
Response Team’s Integrated
Contingency Plan Guidance (One Plan),
discussed in the Federal Register on
June 5, 1996, at 61 FR 28642.
In this action, EPA is proposing three
modifications to the contingency
planning regulations for generators: One
is meant to improve the ability of
emergency response teams to respond to
an emergency at an LQG and the other
PO 00000
Frm 00043
Fmt 4701
Sfmt 4702
57959
two are technical changes to the content
of the contingency plan.
a. Submitting a contingency plan
executive summary to emergency
management authorities. The Agency is
proposing to require that a new LQG, as
of the effective date of the rule, submit
an executive summary of its
contingency plan to the emergency
management authorities. As part of this
revision, EPA proposes to change the
language of the regulation to include
LEPCs, as discussed above in section
VIII.H.2.
The current regulations at § 265.53
state that a copy of the contingency plan
must be submitted to all local police
departments, fire departments,
hospitals, and state and local emergency
response teams that may be called upon
to provide emergency services.
In discussions with EPA, emergency
management professionals indicated
that the length of the facility
contingency plans prevents first
responders from being able to fully
review a facility’s contingency plan
when responding to an emergency.89
Instead, they need readily available
information that describes what they
must confront when they arrive at the
scene. Once the incident is under
control, the first responders can then
review the detailed contingency plan to
determine their next steps, if applicable.
Thus, the Agency believes that a shorter
document, such as an executive
summary of the contingency plan would
be more effective for an emergency
responder when responding to an
incident at a facility accumulating
hazardous waste. As currently happens
in practice, once the incident is under
control, then the emergency responders
can review the more detailed
contingency plan if necessary for longterm responses.
A review of the information required
as part of a RCRA contingency plan in
§ 265.52, as well as information required
by the local fire department, identified
certain components that would be
useful in an executive summary and
EPA used this information in
developing this proposed regulation.
Specifically, the Agency is proposing to
require that the following information
be included in an executive summary to
assist emergency responders in the
event of an incident: (1) The types/
names of hazardous wastes in layman’s
terms and the associated hazard
associated with each waste present at
any one time (e.g., toxic paint wastes,
89 Notes from discussion with Phil Oakes and Jim
Narva, International Association of Fire Marshalls,
concerning Contingency Planning and Emergency
Response Regulations, July 2012.
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
57960
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
spent ignitable solvent, corrosive acid);
(2) the estimated maximum amount of
each waste that may be present at any
one time; (3) the identification of any
hazardous wastes where exposure
would require a unique or special
treatment by medical or hospital staff;
(4) a map of the site showing where
hazardous wastes are generated and
accumulated and routes for accessing
these wastes; (5) a street map of the
facility in relation to surrounding
businesses, schools, and residential
areas to understand how best to get to
the facility and also evacuate citizens
and workers; (6) the locations of water
supply (e.g., fire hydrant and its flow
rate, drafting locations); (7) the
identification of on-site notification
systems (e.g., a fire alarm that rings offsite, smoke alarms); and (8) the name of
the emergency coordinator and 24/7
emergency telephone number.
EPA believes these are the appropriate
elements for the executive summary but
is taking comment on them. In addition,
for identification of the hazardous waste
under element (1), EPA is taking
comment on whether providing the
name of the waste in layman’s terms is
sufficient for ensuring that first
responders will be able to identify the
appropriate actions to take in response.
A reference to the material in the North
American Emergency Response Guide,
where appropriate, would likely reduce
the time it takes for first responders to
get the necessary information for
managing the situation. EPA is
interested in whether this type of
reference would be useful to first
responders and whether generators can
easily access this information to add to
their contingency plans.
EPA is also taking comment on
whether the executive summary should
add to element (3) a requirement that
the generator provide information on
the medical information for exposure to
those hazardous wastes that do require
special treatment. EPA is specifically
interested in whether this information is
readily available to the generator to be
included in the executive summary of
the contingency plan and whether first
responders would find this additional
information useful for responses.
Under the proposed condition for
contingency plans at LQGs, EPA is
proposing that an LQG that becomes
subject to this rule after the rule’s
effective date be required to develop
and submit an executive summary of its
contingency plan to the LEPC in
addition to the full contingency plan.
The Agency is not proposing to require
that an LQG that has already developed
and submitted a contingency plan to
local emergency responders develop an
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
executive summary because of the
additional burden that would be
imposed on existing LQGs to go back to
their contingency plans and develop
this summary. The Agency has
determined that developing the
executive summary during the initial
writing of the contingency plan would
not be a significant extra step. However,
we recommend that an LQG that is not
required to develop an executive
summary of its contingency plan may
want to do so and submit that executive
summary to the LEPC when doing a
periodic update on its contingency plan
to ensure that the emergency responders
have the appropriate information on
hand in the event of an emergency.
EPA, therefore, is proposing to modify
the condition regarding copies of the
contingency plan to require that a copy
of the contingency plan and all
revisions to the plan must be
maintained at the large quantity
generator’s site and the large quantity
generator must submit a copy of the
contingency plan to the Local
Emergency Planning Committee. If there
is no Local Emergency Planning
Committee, if it does not respond, or if
the Local Emergency Planning
Committee determines that it is not the
appropriate organization to make
arrangements with, the facility must
then submit the copy to the local
emergency responders.
We are proposing to list in the
regulations the eight elements described
above as the most valuable items for
emergency responders.
The Agency requests comment on this
proposed revision. In addition, EPA
requests comment on whether an
existing LQG that has already provided
its full contingency plan should also be
required to submit an executive
summary to the LEPC or, if appropriate,
the fire department or other emergency
responders.
The Agency also requests comment on
whether an SQG should be required to
develop an executive summary of a
contingency plan. The major differences
between the preparedness, prevention,
and emergency procedures regulations
applicable to SQGs and those applicable
to LQGs are the development and
implementation of a contingency plan
and more rigorous responsibilities for
the LQG emergency coordinator.
Realizing that many SQGs may already
have developed contingency plans to
comply with other statutory and
regulatory requirements, however, many
of the elements of an executive
summary may already be available and
that the only addition would be
summary information on the types and
quantities of hazardous waste on site,
PO 00000
Frm 00044
Fmt 4701
Sfmt 4702
their associated risks, and their location
within the facility. Therefore, requiring
SQGs to provide an executive summary
of a contingency plan to first responders
could provide information that is
critical during emergencies with little
extra effort by the SQGs.
Effect of Proposed Reorganization:
This section is affected by the proposed
reorganization. These proposed
regulations would appear in the new
part 262 subpart M for LQGs at
§§ 262.261 and 262.262. The
reorganization is discussed in section
XIII of this preamble.
b. Eliminating employee personal
information in LQG contingency plans.
As stated above, the condition for
exemption for LQGs at § 262.34(a)(4)
references part 265 subpart D, which
includes a list of what the contingency
plan must contain. The Agency is also
proposing to modify the language
currently at § 265.52(d) when it is
copied into part 262 to now allow an
LQG the flexibility to eliminate
unnecessary employee personal
information that is currently required in
the contingency plan. This would
protect those individuals’ privacy, but
still provide necessary information to
address emergencies. Section 265.52(d)
currently states that the plan must list
names, addresses, and phone numbers
(office and home) of all persons
qualified to act as emergency
coordinator (see § 265.55), and requires
that this list be kept up to date. It
specifies that where more than one
person is listed, one must be named as
primary emergency coordinator and
others must be listed in the order in
which they will assume responsibility
as alternates. The proposed revision
would remove the unnecessary
references to addresses in this language
and change the reference to home and
office telephone numbers to ‘‘emergency
telephone number.’’
Also as part of this revision, the
Agency is proposing revisions to
address situations where the facility has
an emergency coordinator on duty 24
hours every day of the week. In those
situations, the plan may list the staffed
position (e.g., operations manager, shift
coordinator, shift operations
supervisor), as well as an emergency
telephone number that can be
guaranteed to be answered 24 hours a
day, 7 days a week, 365 days a year. The
EPA proposes to add language stating
that in situations where the generator
site has an emergency coordinator
continuously on duty because it
operates 24 hours per day, every day of
the year, the plan may list the staffed
position (e.g., operations manager, shift
coordinator, shift operations supervisor,
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
or some other similar position) as well
as an emergency telephone number that
can be guaranteed to be answered at all
times.
The Agency requests comment on this
proposed modification.
Effect of Proposed Reorganization:
This section is affected by the proposed
reorganization. The proposed regulation
would appear in the new part 262
subpart M for LQGs at § 262.261(d). The
reorganization is discussed in section
XIII of this preamble.
c. Request for comment to include
alternative evacuation routes in
contingency plan (40 CFR 265.52(f)).
The Agency also requests comment on
modifying the condition on alternative
evacuation routes in a contingency plan,
currently found at § 265.52(f). This
paragraph currently states that the plan
must include an evacuation plan for
facility personnel where there is a
possibility that evacuation could be
necessary and that this plan must
describe signal(s) to be used to begin
evacuation, evacuation routes, and
alternate evacuation routes (in cases
where the primary routes could be
blocked by releases of hazardous waste
or fires).
At issue is whether a contingency
plan must contain information about
alternative evacuation routes or whether
a different approach for addressing
alternative evacuation routes would be
more effective. As part of the 2004
Program Evaluation of the hazardous
waste generator regulatory program, the
Agency received a comment stating that
it does not make sense to include in the
contingency plan the hundreds of
possible evacuation routes that may be
present at a facility depending on its
configuration. The commenter argued
that the regulation should be modified
to require that evacuation routes be
posted and drills be conducted but that
the regulations should not require the
routes to be in the contingency plan.90
The Agency does not believe the
current regulation requires all potential
evacuation routes be identified and
believes emergency responders may
need this type of information in order to
determine the most efficient and timely
approach to reach the facility, which
raises the question of whether the
regulation should be modified in this
way. However, the Agency seeks
comment on whether the commenter’s
proposal to require the posting of
evacuation routes and holding annual
evacuation training and drills would be
90 Summary of Hazardous Waste Generator
Regulatory Program Evaluation, November 2004.
See also public comments in Docket ID No. RCRA–
2003–0014.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
an effective substitute to maintaining
alternative evacuation routes in the
contingency plan. The Agency also
seeks comment on whether this
paragraph of the regulations should
discuss shelter-in-place as part of
contingency plans.
Effect of the Proposed Reorganization:
This section is affected by the proposed
reorganization. Under the
reorganization, the proposed regulation
would appear in the new part 262
subpart M for LQGs at § 262.261(f). The
reorganization is discussed in section
XIII of this preamble.
d. Request for comment on the
usefulness of a potential electronic
RCRA contingency planning
application.
The Agency requests comment on
whether contingency plans should be
submitted electronically to emergency
responders to enhance their ability to
respond safely and effectively to an
emergency at an LQG and what EPA’s
role should be in electronic submittals.
Currently EPA makes numerous
electronic databases and tools available
for helping first responders with
emergency management. These tools
include CAMEO (Computer-Aided
Management of Emergency Operations),
which assists with data management
requirements under EPCRA, such as the
required annual submittal of an
Emergency Hazardous Chemical
Inventory Form to the LEPC. EPA is
taking comment on whether an
additional tool to manage contingency
plans under RCRA would be a useful
addition to this software suite and
whether it would assist LEPCs by
integrating the contingency plan with
their existing data on facilities, making
the information available to the first
responders in the most usable way.
Specifically, we request comment on
the feasibility and effectiveness of
private sector parties or non-profit or
governmental entities developing
software that LQGs could use to provide
important information to emergency
responders in responding to an
emergency. Building on the concept of
a standard list of information to be
included in a contingency plan
executive summary that was discussed
above, private sector or non-profit
parties could design electronic software
to identify the appropriate information
emergency responders quickly need to
assess an emergency. In turn, LQGs
would then input that information into
the application and provide that
information to their local LEPC or
emergency response organization for use
should an emergency arise. The
objective would be to allow emergency
responders to more quickly and
PO 00000
Frm 00045
Fmt 4701
Sfmt 4702
57961
effectively analyze and respond to
emergencies rather than having to
review a lengthy document.
4. Technical Changes Applicable to
Both SQGs and LQGs
The Agency is proposing two
additional clarifications and
modifications to the existing
preparedness, prevention, and
emergency procedures regulations for
SQGs and LQGs and is taking comment
on one more.
The Agency is proposing revisions
based on 30 years of experience with
these rules, feedback from stakeholders
as part of the Agency’s 2004 Program
Evaluation of the hazardous waste
generator regulatory program and
discussions and communication with
stakeholders. EPA believes these
clarifications will foster improved
compliance without adversely affecting
the protection of human health and the
environment.
a. Proposed technical changes to
introductory paragraph on required
equipment. Sections 262.34(a)(4) and
(d)(4) include the condition that LQGs
and SQGs comply with part 265 subpart
C, which includes § 265.32. Section
265.32 requires that all facilities must be
equipped with certain types of
equipment unless none of the hazards
posed by waste handled at the facility
could require that particular kind of
equipment. The paragraph goes on to
list required equipment such as an
internal communications system, a
telephone or radio, fire extinguishers,
and access to adequate water. The
existing regulation is not clear as to
whether the required equipment must
be placed in those areas of operation
where hazardous waste is generated and
accumulated, (or treated, stored and
disposed in the case of an interim status
TSDF) or whether other parts of the
facility could store this equipment—that
is, where hazardous waste is not
generated or accumulated.
The Agency believes it may not
always be appropriate or safe to have
this equipment stored in the actual
waste generation or accumulation area
and instead, we are proposing that the
regulation state that the hazardous
waste generator should have this
equipment located where it can be
immediately accessed without
jeopardizing a timely and effective
response to any emergency. For
example, the waste generation area may
be in an enclosed room. Should a fire
occur in the enclosed room, it might be
more appropriate to exit the room and
call the fire department rather than stay
inside and be exposed to smoke
inhalation and other risks. EPA believes
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
57962
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
the existing regulatory text should be
revised to explain that while this
equipment applies to only those areas
applicable to the generation and
accumulation (and treatment, as
appropriate) of hazardous waste, the
generator has the flexibility to store this
equipment in other areas of the facility
to address those situations where it is
infeasible or inappropriate for safety
reasons to have the equipment
immediately next to hazardous waste
generation and accumulation areas.
Therefore, EPA is proposing to modify
the introductory paragraph to provide
generators subject to subpart C of part
265 the flexibility to determine the most
appropriate locations within the facility
to locate equipment necessary to
prepare for and respond to emergencies.
The proposed regulation would state
that all areas where hazardous waste is
either generated or accumulated must be
equipped with the listed types of
equipment (unless none of the hazards
posed by waste handled at the site could
require a particular kind of equipment
or the actual waste generation or
accumulation area does not lend itself
for safety reasons to have a particular
kind of equipment). It would also state
that a generator may determine the most
appropriate locations within its
generator site to locate equipment
necessary to prepare for and respond to
emergencies.
The Agency requests comment on its
proposal to modify § 265.32.
Effect of the Proposed Reorganization:
This section is affected by the proposed
reorganization. The proposed regulation
would appear in the SQG standards at
§ 262.16(b)(8)(ii) with some changes to
make it specific to SQGs and in the new
part 262 subpart M for LQGs at
§ 262.252. The reorganization is
discussed in section XIII of this
preamble.
b. The meaning of ‘‘immediate
access.’’ Sections 262.34(a)(4) and (d)(4)
include the condition that LQGs and
SQGs comply with part 265 subpart C,
which also includes § 265.34. Section
265.34(a) states that whenever
hazardous waste is being poured,
mixed, spread, or otherwise handled, all
personnel involved in the operation
must have immediate access to an
internal alarm or emergency
communication device, either directly
or through visual or voice contact with
another employee, unless such a device
is not required under § 265.32. At issue
is whether the phrase ‘‘immediate
access’’ is clearly understood or whether
additional clarity is necessary. As part
of the Agency’s 2004 Program
Evaluation of the hazardous waste
generator program, stakeholders raised a
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
concern about whether the regulated
community has a sufficient
understanding about what this phrase
means and we are proposing to address
that concern here.
In the interest of clarity, the Agency
is proposing to modify this language to
read, ‘‘immediate access (e.g., direct or
unimpeded access).’’ The Agency
believes that adding this parenthetical
example provides further guidance on
the meaning of ‘‘immediate access.’’
This phrase is used again in the next
paragraph in a similar context and EPA
is proposing to add the words ‘‘(direct
or unimpeded access)’’ in that case as
well.
The Agency requests comment on the
usefulness of modifying this language.
Effect of the Proposed Reorganization:
This section is affected by the proposed
reorganization. The proposed regulation
would appear in the SQG standards at
§ 262.16(b)(8)(iv) and in the new part
262 subpart M for LQGs at § 262.254.
The reorganization is discussed in
section XIII of this preamble.
5. Technical Changes Applicable to
SQGs
Current preparedness and prevention
standards for SQGs are found at
§ 262.34(d)(5). SQGs must comply with
the following:
• § 262.34(d)(5)(i)—have at least one
employee either on the premises or on
call with the responsibility for
coordinating all emergency response
measures (e.g., the emergency
coordinator);
• § 262.34(d)(5)(ii)—post specified
information next to the telephone,
including the name and telephone
number of the emergency coordinator;
the location of fire extinguishers and
spill control material, and, if present,
fire alarm; and the telephone number of
the fire department, unless the facility
has a direct alarm;
• § 262.34(d)(5)(iii)— ensure that all
employees are thoroughly familiar with
proper waste handling and emergency
procedures, relevant to their
responsibilities during normal facility
operations and emergencies; and
• § 262.34(d)(5)(iv)— have the
emergency coordinator or his designee
follow the specified procedures in the
event of a fire, spill, or explosion.
EPA is proposing changes to two of
these provisions.
a. Require certain information be
posted ‘‘next to the telephone’’ (40 CFR
262.34(d)(5)(ii)). The Agency is
proposing to revise § 262.34(d)(5)(ii) in
order to facilitate improved compliance
on the part of SQGs. This language
requires, among other items, that certain
information be posted ‘‘next to the
PO 00000
Frm 00046
Fmt 4701
Sfmt 4702
telephone,’’ such as the name and
telephone number of the emergency
coordinator and the location of fire
extinguishers and spill control material.
Based on experience and feedback
received from the regulatory
community, the Agency believes it is
unclear in this description where in the
facility this information should be
posted. A facility may have many
operations and components that have no
relationship with the generation and
accumulation of hazardous waste.
Stakeholders have recommended
deletion of § 262.34(d)(5)(ii) because, in
this age of near-universal 911
availability, they state it is simply not
important from a regulatory point of
view to have emergency telephone
numbers posted. They argue that
locations of fire extinguishers, spill
control material, fire alarms, etc., should
be conveyed to relevant employees and
displayed in a worker break area rather
than the facility office and that posting
the name and telephone number of the
emergency coordinator is also not
necessary. For the majority of the SQG
universe, the emergency coordinator is
the owner or shop supervisor.91
EPA disagrees with eliminating this
provision because we believe that
posting this information is important for
workers and others to have readily
available information so that they would
know what to do and where to go in the
case of an emergency. However, the
Agency believes that the regulation
should be modified to state clearly that
the pertinent information should be
posted where hazardous waste is
generated and accumulated, since
facility personnel can quickly seek
assistance from it there.
Also unstated is whether the
telephone number refers to the
emergency coordinator’s home phone or
business phone. Over the years the
Agency has received requests that we
modify this provision to ensure that
personal information not be used or
distributed, particularly to individuals
or organizations that could use such
information to cause harm to the
individual.92 With cell phones and
other means of instant communication
now prevalent, EPA is proposing to
clarify this provision to provide the
hazardous waste generator with the
necessary flexibility to allow its
emergency coordinator to perform
specified responsibilities effectively
91 Summary of Hazardous Waste Generator
Regulatory Program Evaluation, November 2004.
See also public comments in Docket ID No. RCRA–
2003–0014.
92 Letter to Jim O’Leary from Derek Swick,
American Petroleum Institute, September 28, 2011.
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
using the emergency telephone number
of the emergency coordinator.
Therefore, EPA is proposing that
§ 262.34(d)(5)(ii) be modified to state
that the small quantity generator must
post the name and emergency telephone
number of the emergency coordinator
next to telephones or in areas directly
involved in the generation and
accumulation of hazardous waste.
Section 262.34(d)(5)(ii)(B) and (C) are
unchanged.
EPA requests comment on this
proposed change.
Effect of the Reorganization: This
section is affected by the reorganization
and would move to § 262.16(b)(9)(ii)(A).
The reorganization is discussed in
section XIII of this preamble.
b. Allow containment and cleanup to
be conducted by a contractor (40 CFR
262.34(d)(5)(iv)(B)). Section
262.34(d)(5)(iv)(B) currently reads, ‘‘In
the event of a spill, contain the flow of
hazardous waste to the extent possible,
and as soon as is practicable, clean up
the hazardous waste and any
contaminated materials or soil.’’ If such
a spill were considered an emergency
under OSHA’s regulations in 29 CFR
1910.120, an SQG would be required to
take a minimum of eight hours of initial
training with an annual refresher, and in
certain circumstances additional hours
of training. Feedback from stakeholders
suggests that most SQGs would hire a
spill cleanup contractor to provide such
services, if needed, rather than train
employees to perform the response. We
would agree that allowing an SQG to
hire a contractor that is trained to
address hazardous waste spills would
certainly be appropriate. However, the
regulations in § 262.34(d)(5)(iv)(B)
arguably do not provide this
flexibility.93
Therefore, the Agency is proposing to
modify § 262.34(d)(5)(iv)(B) and place
the responsibility on the SQG to either
perform the necessary cleanup of
hazardous wastes or contract out the
cleanup. The proposed language would
state that in the event of a spill, the
small quantity generator is responsible
for containing the flow of hazardous
waste to the extent possible, and as soon
as is practicable, cleaning up the
hazardous waste and any contaminated
materials or soil. The proposal would
allow such containment and cleanup to
be conducted either by the small
quantity generator or by a contractor on
behalf of the small quantity generator.
The Agency requests comment on the
proposed revision to
93 Summary of Hazardous Waste Generator
Regulatory Program Evaluation, November 2004.
See also public comments in Docket ID No. RCRA–
2003–0014.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
§ 262.34(d)(5)(iv)(B) and whether any
unintended consequences arise from
providing SQGs with this flexibility.
Effect of the Proposed Reorganization:
This section is affected by the proposed
reorganization and would move to
§ 262.16(b)(9)(iv)(B). The reorganization
is discussed in section XIII of this
preamble.
6. Technical Changes on Personnel
Training Applicable to LQGs
The Agency is proposing to modify
the condition regarding personnel
training for LQGs, currently found at
§ 262.34(a)(4), which refers to § 265.16.
The proposed modification would allow
a generator to use online computer
training, in addition to classroom
instruction and on-the-job training, to
complete the personnel training
requirements. Since the personnel
training regulations were promulgated
in the 1980s, use of computerized
training has become a common practice
for generators to teach their workers
about the management of hazardous
waste. In fact, many generators already
use this method for training workers
and this modification would simply
bring the hazardous waste personnel
training regulations up to date with
existing industry practices.
The proposal would modify the first
sentence of this provision by adding the
words ‘‘online training’’ and would state
that site personnel must successfully
complete a program of classroom
instruction, online training, or on-thejob training that teaches them to
perform their duties in a way that
ensures compliance with this part.
The Agency requests comment on the
proposed modification.
Effect of the Proposed Reorganization:
This section would be affected by the
proposed reorganization. Under the
reorganization this provision would be
found at § 262.17(a)(7)(i)(A). The
proposed reorganization is discussed in
section XIII of this preamble.
7. Taking Comment on Applicability of
Personnel Training
The Agency seeks comment on
clarifying what positions within an LQG
must be responsible for receiving
training associated with the
management of hazardous waste, as well
as identifying those positions for which
a written job description is necessary.
Under the current regulations, LQGs are
responsible for complying with
§ 262.34(a)(4), which references, among
other technical requirements, the
personnel training provisions in
§ 265.16. Under the proposed
reorganization discussed in section XIII,
PO 00000
Frm 00047
Fmt 4701
Sfmt 4702
57963
this condition for LQGs would move
into 40 CFR 262.17.
The current regulations are not
specific about which personnel at an
LQG must complete the hazardous
waste training. Other than stating that
under § 265.16(a)(3) personnel must be
able to respond effectively to
emergencies by familiarizing them with
emergency procedures, emergency
equipment, and emergency systems, no
other areas of hazardous waste
management are cited.
At issue is the scope of these training
standards and the applicability of the
training provision to employees that are
not assigned to work in the 90-day
accumulation areas. The Agency is
considering whether to require training
and a written job description for specific
types of employees working in areas of
hazardous waste management related to
90-day accumulation areas. This
clarification would have the benefit of
assisting LQGs in determining more
readily the scope of their hazardous
waste training program.
The Agency, with the assistance of
staff from the states of Vermont,
Connecticut and New York,94 have
identified the following areas of
hazardous waste management for which
personnel training and a written job
description should be required: Anyone
who (1) completes and/or signs the
hazardous waste manifest, (2) manages
hazardous waste in areas where
hazardous wastes are accumulated, (3)
maintains hazardous waste inventory,
(4) conducts daily or weekly inspections
of areas where hazardous wastes are
accumulated, and (5) plans or responds
to emergencies that involve hazardous
wastes.
The Agency seeks comment on
whether the regulations should
specifically identify positions at LQGs
where hazardous waste training would
be required and for which a written job
description is necessary and what those
areas should be. In addition, the Agency
seeks comment on whether personnel
involved in handling or managing
hazardous wastes in SAAs should be
required to undergo hazardous waste
training. Current Agency guidance
excludes staff working in satellite
accumulation areas from the training
requirements.95 The Agency is of the
94 Correspondence between Steve Simoes, State of
Vermont, with Ross Bunnell and Bill Yeman, from
Connecticut and New York, respectively, a copy of
which is found in the docket to this proposal.
95 Memorandum from Robert Springer, Director of
the Office of Solid Waste to RCRA Directors, EPA
Regions 1–10, ‘‘Frequently Asked Questions about
Satellite Accumulation Areas,’’ March 17, 2004,
RCRA Online 14703 https://yosemite.epa.gov/osw/
E:\FR\FM\25SEP2.SGM
Continued
25SEP2
57964
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
opinion that such personnel have a
similar need to know the risks
associated with hazardous wastes as
personnel working in central
accumulation areas.
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
8. Taking Comment on Applying
Emergency Planning and Procedures
Revisions to Parts 264 and 265
The proposed revisions discussed
throughout this section of the preamble
on the emergency planning and
procedure regulations would only
pertain to generators, as the proposed
language would be found in the
expanded generator regulations in part
262. However because many of the
preparedness and emergency procedure
provisions discussed in this section are
taken from part 265 with only slight
revisions, we are taking comment on
whether these same proposed revisions
should also be made in the applicable
paragraphs of parts 264 and/or 265 as
well to ensure consistency between the
generator regulations and those for
permitted facilities or facilities
operating under interim status. The
Agency requests comment on whether
these revisions for consistency would be
helpful and appropriate for facilities
operating under part 264 or part 265 or
whether the regulations should remain
unchanged despite the result that
generators and TSDFs would be left
with some regulations that are very
similar but not exactly the same.
I. Revisions to Satellite Accumulation
Area Regulations for SQGs and LQGs
(40 CFR 262.34(c))
The Agency is proposing a number of
changes that would revise and
strengthen the conditions for exemption
for satellite accumulation areas (SAA) at
§ 262.34(c). These include (1) requiring
SQGs and LQGs accumulating
hazardous waste in SAAs to comply
with the special requirements for
incompatible wastes found at § 265.177;
(2) providing limited exceptions to the
regulation requiring generators to keep
containers closed at all times; (3)
strengthening the marking and labeling
standards for SAAs (note these marking
and labeling changes are the same as
those proposed for containers in central
accumulation areas); (4) confirming that
three days means three consecutive
calendar days, not business days; (5)
providing a maximum weight for the
accumulation of acute hazardous waste
in SAAs in addition to a volume; (6)
rewording the regulations for when the
maximum volume or weight is exceeded
rcra.nsf/0c994248c239947e85256d090071175f/
0ac9e15424b2897d8525770600609793!Open
Document.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
in an SAA; (7) rescinding a guidance
memo regarding the accumulation of
reactive (D003) hazardous waste away
from the point of generation; and (8)
providing examples in the preamble to
help generators better understand the
term ‘‘under the control of the
operator,’’ which is used in the SAA
regulations.
In addition to these proposed
changes, the SAA regulations would be
moved as part of the proposed
reorganization. These regulations would
all be found together in § 262.15. The
reorganization is discussed in section
XIII of this preamble.
Using an SAA is not required of
hazardous waste generators, but the
regulations allowing them and setting
the conditions for their use are designed
to assist generators who generate and
accumulate small amounts of hazardous
waste in different parts of their
facilities. SQGs and LQGs, however,
may choose to accumulate hazardous
waste only in central accumulation
areas (CAAs) rather than SAAs or they
may accumulate up to 55 gallons of nonacute hazardous waste and/or one quart
of acute hazardous waste within each
facility’s SAAs and once that threshold
has occurred, ship the hazardous waste
to a designated facility. A generator may
also accumulate hazardous waste within
an SAA(s) and never move the waste to
a CAA once the 55 gallons limit is
reached, but instead, ship the waste
directly to a RCRA designated facility.
1. Requiring SQGs and LQGs to Comply
with the Special Requirements for
Incompatible Wastes for Containers
Accumulating Hazardous Wastes in
SAAs
Under the current regulations in
§ 262.34(c)(1)(i), generators
accumulating hazardous waste in SAAs
must meet the conditions for exemption,
including complying with the container
requirements at §§ 265.171, 265.172,
and 265.173(a). These container
requirements include accumulating
hazardous waste in containers of good
condition, ensuring the waste is
compatible with, or will not react with,
the contents of the container, and
ensuring that the container
accumulating hazardous waste is closed,
except when it is necessary to add or
remove waste. We are proposing to
modify this part of the SAA container
management standards by requiring that
hazardous wastes not be mixed or be
placed in the same container with other
hazardous waste that are incompatible
and could potentially result in fires,
explosions, gaseous emissions, leaching,
PO 00000
Frm 00048
Fmt 4701
Sfmt 4702
or other discharge of hazardous waste or
hazardous waste constituents.96
The Agency believes that in
developing the regulations for SAAs, it
inadvertently failed to account for the
potential for accumulating incompatible
wastes, especially since the current
regulations already prohibit placing
hazardous waste in containers that it
may react with and that impair the
containers ability to contain the
hazardous waste. Therefore, the Agency
is proposing that SQGs and LQGs
accumulating hazardous waste in SAAs
also comply with the part 265 subpart
I container management standards for
incompatible hazardous wastes at
§ 265.177. The Agency believes most
generators already are aware of and
comply with this best management
practice at their SAAs since they must
comply with this regulation when they
move the SAA container(s) into a 90-day
or 180-day central accumulation area.
The Agency requests comment on this
proposed modification.
Effect of the Proposed Reorganization:
This section is affected by the proposed
reorganization. The SAA regulations are
currently at § 262.34(c). We are
proposing to move this provision to
§ 262.15(a)(1)(iii). The reorganization is
discussed in section XIII of this
preamble.
2. Limited Exceptions to Keeping
Containers Closed at all Times in SAAs
As noted in the previous section, the
current regulation in § 262.34(c)(1)(i) for
generators accumulating hazardous
waste in SAAs requires containers
accumulating hazardous waste to be
kept closed, except when it is necessary
to add or remove waste. The SAA
regulations reference the requirement in
§ 265.173(a) that containers be closed
while accumulating hazardous wastes at
interim status treatment, storage and
disposal facilities. We are proposing to
modify this provision from
§ 262.34(c)(1)(i) in the new section for
SAA conditions at § 262.15, but only as
it pertains to SAAs; it will not affect the
requirements for container management
at interim status treatment, storage and
disposal facilities. Because this
modification is only meant to apply to
containers accumulating hazardous
waste in SAAs, and not to containers
being stored at interim status treatment,
storage, or disposal facilities, we are
proposing to modify this requirement by
eliminating the reference in the SAA
regulations in part 262 to the container
management standards for interim
status treatment, storage or disposal
facilities at § 265.173(a) and
96 See
E:\FR\FM\25SEP2.SGM
Comment in § 265.177.
25SEP2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
incorporating the closed container
provision directly into the SAA
regulations in § 262.15, under the
proposed reorganization.
Specifically, we are proposing to
modify the standard in order to allow
containers of hazardous waste in SAAs
to remain open under limited
circumstances. Specifically, we are
proposing that containers of hazardous
waste in SAAs may be open when it is
necessary either for the operation of
equipment to which the SAA container
is attached or to prevent dangerous
situations, such as the build-up of
extreme pressure or heat because
closing a container can be more
dangerous than keeping it open
temporarily in those situations.
Stakeholders have identified situations
where keeping SAA containers closed
can interfere with the operation of
equipment when the container is
attached directly to the equipment via
piping or tubing. Stakeholders have also
identified situations in which closing a
container can be more dangerous than
keeping it open temporarily; for
example, when the hazardous waste is
very hot.
Therefore, EPA is proposing to modify
the regulations to allow containers to be
vented in such situations. However, we
are also proposing that when the danger
passes (e.g., the contents cool), then the
requirement to keep the container
closed applies and when the equipment
is not in operation, the requirement to
keep the container closed applies.
As noted above, the flexibility
proposed for containers to remain open
in specific situations applies only to
containers in SAAs since that is where
hazardous waste initially accumulates.
The Agency does not anticipate that it
is necessary to extend this flexibility to
containers of hazardous waste in central
accumulation areas.
The Agency requests comment on this
proposed modification.
Effect of the Proposed Reorganization:
This section is affected by the proposed
reorganization. The SAA regulations are
currently at § 262.34(c). We are
proposing to move this provision to
§ 262.15(a)(1)(iv). The reorganization is
discussed in section XIII of this
preamble.
3. Strengthening the Marking and
Labeling Provisions for Containers in
SAAs
Currently, the regulations for SAAs in
§ 262.34(c)(1)(ii) require a generator to
mark ‘‘his containers either with the
words ‘Hazardous Waste’ or with other
words that identify the contents of the
containers’’ [emphasis added]. The
Agency is proposing two modifications
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
that would strengthen the labeling and
marking regulations for containers
accumulating hazardous waste in SAAs.
First, EPA is proposing to change the
‘‘or’’ to an ‘‘and’’ and thus require that
generators mark containers in the SAA
with both the words ‘‘Hazardous Waste’’
and other words to identify the contents
of the container that are accumulated in
SAAs.
Second, EPA is proposing that
generators also indicate the hazards of
the contents of the containers. EPA
believes these proposed changes will
alert workers, emergency responders,
and others to the potential hazards
posed by its contents. Identifying the
hazard increases awareness to workers
and others who might come into contact
with the hazardous waste container and
reduces potential risks to human health
and the environment from container
mismanagement. As discussed
previously in section VIII.E, these
changes are similar to those proposed
for containers stored in central
accumulation areas.
Specifically, EPA is proposing to
modify the marking and labeling
regulations for SAAs to require LQGs
and SQGs to mark containers with the
following: (1) The words ‘‘Hazardous
Waste’’; (2) other words that identify the
contents of the containers. Examples
may include, but are not limited to the
name of the chemical(s), such as
‘‘acetone’’ or ‘‘methylene dichloride,’’ or
the type or class of chemical, such as
‘‘organic solvents’’ or ‘‘halogenated
organic solvents’’ or, as applicable, the
proper shipping name and technical
name markings used to comply with
DOT requirements at 49 CFR part 172
subpart D; and (3) an indication of the
hazards of the contents of the container.
Examples of hazards include, but are
not limited to, the applicable hazardous
waste characteristic(s) (i.e., ignitable,
corrosive, reactive, toxic); a hazard class
label consistent with the DOT
requirements at 49 CFR 172 part 172
subpart E (labeling); a label consistent
with the OSHA Hazard Communication
Standard at 29 CFR 1920.1200; a
chemical hazard label consistent with
the NFPA code 704; or a hazard
pictogram consistent with the United
Nations’ GHS. Generators also may use
any other marking and labeling
commonly used nationwide in
commerce that would alert workers and
emergency responders to the nature of
the hazards associated with the contents
of the containers.
The pre-transport requirements of part
262 subpart C already require hazardous
waste generators to comply with the
DOT labeling/marking requirements of
49 CFR part 172. By requiring generators
PO 00000
Frm 00049
Fmt 4701
Sfmt 4702
57965
to include other words that identify the
contents of the containers, the Agency is
proposing that generators perform a task
that is already required when preparing
the container prior to transporting the
hazardous waste off site for subsequent
waste management. In addition, the
Agency is proposing to modify the
marking and labeling of containers prior
to shipping the hazardous waste. We are
proposing that SQGs and LQGs can use
the DOT hazard class labels to comply
with the new labeling and marking
regulation for containers in SAA.
Alternatively, they may choose another
method to indicate the hazards of the
container that suits them better, as
noted above.
The Agency requests comment on
these proposed changes.
Effect of the Proposed Reorganization:
This section is affected by the proposed
reorganization. The SAA regulations are
currently at § 262.34(c). We are
proposing to move this provision to
§ 262.15(a)(1)(v). The reorganization is
discussed in section XIII of this
preamble.
4. Clarify What Is Meant by ‘‘Three
Days’’
The current regulations at
§ 262.34(c)(2) state that a generator who
accumulates either hazardous waste or
acutely hazardous waste must, with
respect to that amount of excess waste,
comply ‘‘within three days’’ with
paragraph (a) of that section or other
applicable provisions of the chapter.
The Agency is proposing to state in the
regulations that the term ‘‘three days’’
means three consecutive calendar days,
not three business days or three working
days. The Agency has already clarified
this term in a memo, which was based
on preamble discussions from the
proposed and final SAA regulations.97 98
As stated in the memo, ‘‘Originally, the
Agency had proposed to use 72 hours as
the time limit but realized that
determining when 72 hours had elapsed
would have required placing both the
date and time of day on containers. In
the final rule the Agency switched to
using three days so that generators only
need to date containers that hold the
excess of 55 gallons of non-acute
hazardous waste (or 1 quart of acute
hazardous waste).’’
The Agency requests comment on this
codification of an existing
interpretation.
97 Memorandum from Robert Springer, Director of
EPA’s Office of Solid Waste, to RCRA Regional
Directors, ‘‘Frequently Asked Questions About
Satellite Accumulation Areas,’’ March 17, 2004,
RCRA Online 14703.
98 Proposed rule: January 3, 1983 48 FR 118; Final
rule: December 20, 1984; 49 FR 49569.
E:\FR\FM\25SEP2.SGM
25SEP2
57966
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
Effect of the Proposed Reorganization:
This section is affected by the proposed
reorganization. The SAA regulations are
currently at § 262.34(c). We are
proposing to move this provision to
§ 262.15(a)(2)(i). The reorganization is
discussed in section XIII of this
preamble.
5. Providing a Maximum Weight for the
Accumulation of Acute Hazardous
Waste in Containers at SAAs
Currently, the regulations at
§ 262.34(c)(1) impose maximum
volumes of hazardous waste that may be
accumulated in an SAA without
requiring a permit, complying with
interim status standards, or complying
with the generator accumulation
standards. For non-acute hazardous
waste, the maximum volume is 55
gallons. For acute hazardous waste, the
maximum volume is 1 quart. When the
SAA regulations were finalized, EPA
explained that 55 gallons was selected
for non-acute hazardous waste in part
because it is the size of the most
commonly used accumulation
container.99 EPA also explained that 1
quart was chosen for acute hazardous
waste because it is the volumetric
equivalent to 1 kilogram of acute
hazardous waste used elsewhere in the
regulations and commenters expressed
opposition to using a weight measure.
Since then, however, stakeholders have
indicated that the 1-quart volume
maximum is not a practical way to
measure the accumulation of some
wastes, particularly non-liquid acute
hazardous wastes. Therefore, we are
proposing to add a weight measurement
to the SAA regulations for the maximum
accumulation of acute hazardous
wastes. Specifically, we are proposing
that 1 quart or 1 kilogram (2.2 pounds)
of acute hazardous waste may be
accumulated in an SAA. Generators that
accumulate acute hazardous waste in
SAAs will have the choice of whether
to use 1 quart or 1 kilogram, but they
will be required to identify which
metric they choose to use.
We are not proposing to add a similar
weight equivalent to the 55-gallon
threshold for non-acute hazardous waste
since stakeholders have not expressed a
similar need. However, we request
comment on whether it would be useful
to have a maximum weight for the
accumulation of non-acute hazardous
waste in SAAs.
Effect of the Proposed Reorganization:
This section is affected by the proposed
reorganization. The SAA regulations are
currently at § 262.34(c). We are
proposing to move this provision to
99 December
VerDate Sep<11>2014
20, 1984; 49 FR 49569–70.
00:08 Sep 25, 2015
Jkt 235001
§ 262.15(a)(1). The reorganization is
discussed in section XIII of this
preamble.
6. Modifying the Language for When the
Maximum Volume or Weight Is
Exceeded in an SAA
Currently, the regulation at
§ 262.34(c)(2) states that when the
maximum volumes are exceeded in an
SAA, a generator ‘‘must, with respect to
that amount of excess waste, comply
within three days with paragraph (a) of
this section or other applicable
provisions of this chapter.’’ The Agency
is rewording this regulation in order to
more clearly state the generator’s
options for managing the materials that
exceed the limit. The proposed
regulatory text states that a generator
who accumulates either non-acute
hazardous waste or acute hazardous
waste listed in § 261.31 or § 261.33(e) in
excess of the amounts listed in
paragraph (a)(1) of this section at or near
any point of generation must remove the
excess from the satellite accumulation
area within three calendar days either to
a central accumulation area, an on-site
interim status or permitted treatment,
storage, or disposal facility, or an off-site
designated facility. Similarly, during the
three-calendar-day period the generator
must continue to comply with
paragraphs (a)(1)(i) through (iv) of this
section and must mark the container(s)
holding the excess accumulation of
hazardous waste with the date the
excess amount began accumulating.
The Agency does not view this as a
substantive change to the SAA
regulations. Nevertheless, the Agency
solicits comments on this proposed
change.
Effect of the Proposed Reorganization:
This section is affected by the proposed
reorganization. The SAA regulations are
currently at § 262.34(c). We are
proposing to move this provision to
§ 262.15(a)(6). The reorganization is
discussed in section XIII of this
preamble.
7. Rescinding a Memo Regarding
Accumulating Reactive Hazardous
Waste Away From the Point of
Generation
In a memo dated January 13, 1988,
EPA wrote that a storage shed that is
outside of a building where a reactive
hazardous waste (D003) is initially
generated, could be considered an
SAA.100 EPA is proposing to revoke this
interpretation. EPA acknowledges that
in some instances it is safer to
100 Letter from Marcia E. Williams, Director of
EPA’s Office of Solid Waste, to Michael E. Young,
Atlantic Research Corporation, January 13, 1988,
RCRA Online 11317.
PO 00000
Frm 00050
Fmt 4701
Sfmt 4702
accumulate hazardous waste away from
the initial point of generation, such as
with hazardous wastes that are
explosive. However, because SAAs are
subject to less stringent conditions than
CAAs, EPA believes it is not appropriate
for such dangerous hazardous wastes to
be stored in SAAs. Rather, EPA believes
that if a generator accumulates
hazardous waste that is so dangerous it
needs to be accumulated away from the
point of generation, it should be
accumulated under the more rigorous
accumulation standards for central
accumulation areas.
The Agency requests comment on
proposing to revoke this interpretation
of the SAA regulations.
8. Examples of the Meaning of ‘‘Under
the Control of the Operator’’
The SAA regulation at § 262.34(c)(1)
uses the term ‘‘under the control of the
operator.’’ EPA has not defined this
term in the regulations, nor have we
discussed it in preamble or guidance
letters. However, over the years, the
Agency has received inquiries about
what constitutes ‘‘under the control of
the operator.’’ In an effort to assist
generators to better understand this term
and to foster improved compliance with
the SAA provisions, the Agency is
providing examples in this preamble of
what constitutes ‘‘under the control of
the operator.’’ For example, EPA would
consider waste to be ‘‘under the control
of the operator’’ if the operator
controlled access to an area, building, or
room that the SAA is in, such as with
entry by access card, key or lock box.
Another example would be if the
operator accumulates waste in a locked
cabinet and controlled access to the key,
even if the cabinet is stored inside a
room to which access is not controlled.
The Agency requests comment on
additional practices that would
constitute ‘‘under the control of the
operator.’’
J. SQGs Accumulating Hazardous Waste
on Drip Pads and in Containment
Buildings (40 CFR 262.34(d))
EPA is proposing to modify the
regulations at § 262.34(d) to require
SQGs that accumulate hazardous waste
for 90 days or less on drip pads without
a permit or interim status to comply
with the technical standards of 40 CFR
part 265 subpart W and with all other
conditions for an exemption associated
with the accumulation of hazardous
waste by an SQG.
Additionally, EPA is proposing to
modify the conditions for an exemption
currently at § 262.34(d) to require SQGs
that accumulate hazardous waste for 90
days or less in a containment building
E:\FR\FM\25SEP2.SGM
25SEP2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
without a permit or interim status to
comply with the technical standards of
40 CFR part 265 subpart DD and with
all other conditions for exemption
associated with the accumulation of
hazardous waste by an SQG.
1. Accumulation of Hazardous Waste on
Drip Pads
On December 30, 1988, EPA issued a
proposed rule listing three additional
hazardous wastes from wood preserving
operations that use chlorophenolic,
creosote, and/or inorganic (arsenic and
chromium) preservatives, and listing
one hazardous waste from surface
protection processes that use
chlorophenolics (53 FR 53282). As part
of this rule, the Agency proposed
additional standards ‘‘applicable to drip
pads in treated wood storage yards and
in kick back areas used in managing
hazardous wastes at wood preserving
and surface protection facilities. These
standards are intended to provide for
proper handling of treated wood
drippage’’ (53 FR 53308).
In terms of the types of RCRA
facilities this regulation would apply to,
the proposed rule identified and
discussed the regulatory requirements
for two groups: Hazardous waste TSDFs
subject to the part 264 permitting
standards and LQGs subject to the part
265 interim status drip pad standards.
More specifically, the preamble stated
that ‘‘in the event that drippage is
collected and is moved from the drip
pad within 90 days following
generation, generators may avail
themselves of the 90-day accumulation
standards of 40 CFR 262.34, and would
not need Part B permits for their drip
pads or tanks (consistent with
§ 264.1(g)(3), 265.1(c)(7), and
270.1(c)(2)(i)) provided that they
comply with the Part 265 standards, as
required by 40 CFR 262.34’’ (53 FR
53309).
When EPA promulgated the final rule
for these hazardous wastes (55 FR
50450, December 6, 1990), the
discussion addressed the same universe
of facilities (i.e., hazardous waste TSDFs
subject to the part 264 permitting
standards and LQGs subject to the part
265 interim status drip pad standards).
Pursuant to § 262.34(a), LQGs may
accumulate the hazardous waste they
generate without having to obtain a
RCRA permit provided they comply
with several specified conditions,
including the technical standards for
containers, tanks, drip pads, or
containment buildings found at part 265
subparts I, J, W, and DD, respectively.
Similarly, pursuant to § 262.34(d), SQGs
may accumulate the hazardous waste
they generate without having to obtain
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
57967
a permit, provided they comply with
several specified conditions, including
the technical standards for containers
and tanks found at part 265 subparts I
and J, respectively. Although there is no
explicit condition for SQGs
accumulating and managing their
hazardous waste on drip pads, EPA
intended SQGs accumulating hazardous
wastes on drip pads either to comply
with all of the conditions for exemption,
as well as any associated independent
requirements for LQGs at part 265
subpart W, or else obtain a Part B permit
for their drip pads (consistent with
§§ 264.1(g)(3), 265.1(c)(7), and
270.1(c)(2)(i)).
EPA has consistently interpreted this
regulatory requirement to apply to
SQGs. For example, as stated in the
wood preserving technical guidance
document issued by EPA in 1996, a
copy of which is found in the docket,
‘‘this 90-day limit applies to both large
quantity and small quantity generators.
While small quantity generators may
normally accumulate hazardous waste
in accumulation units for up to 180
days, this is not the case for small
quantity generators accumulating waste
on Subpart W drip pads. Owners/
operators of wood preserving facilities
who generate between 100–1,000
kilograms of hazardous waste per
calendar month and who accumulate
the waste on drip pads are not eligible
for the reduced standards normally
provided for small quantity generators.
Instead, these generators must comply
with all the management conditions for
large quantity generators accumulating
hazardous waste on drip pads.’’ 101
Similarly, the RCRA training module
for drip pads, a copy of which is found
in the docket to this proposal,
reinforced this principle by stating the
following: ‘‘Under § 262.34(d), small
quantity generators (SQGs) are subject to
a reduced set of requirements when
accumulating hazardous wastes in tanks
or containers meeting the interim status
unit standards. SQGs who accumulate
wood-preserving wastes on drip pads do
not qualify for this partial exemption.
Consequently, all generators of more
than 100 kilograms of waste per month
who manage wood-preserving wastes on
drip pads must comply with the
requirements applicable to LQGs in
§ 262.34(a). As a result, the maximum
generator accumulation time period on
drip pads is 90 days.’’ 102
At the end of the same paragraph, the
document states, ‘‘Generators using drip
pads must also comply with the
requirements that apply to large
quantity generators for personnel
training, development of a full
contingency plan, and biennial
reporting,’’ suggesting that SQGs
accumulating hazardous waste on drip
pads must comply with all of the
conditions and independent
requirements for LQGs, and not just the
accumulation time limits.
Because of this statement, the Agency
believes that confusion may potentially
exist about the applicability of the
regulations. As stated above, if an SQG
accumulates hazardous waste in
containers, it can comply with a
reduced set of regulations, including
accumulation of hazardous waste for up
to 180 days, whereas if the SQG
accumulates hazardous waste on drip
pads, it must comply with the
regulations for LQGs. The Agency
believes a more effective and efficient
approach is to require SQGs
accumulating hazardous waste on drip
pads to comply with the technical
standards of part 265 subpart W,
including compliance with the LQG 90day accumulation limit (as opposed to
the SQG 180-day accumulation limit),
but to otherwise comply with less
stringent conditions for SQGs found at
40 CFR 262.34(d). EPA notes that
hazardous waste that is generated
elsewhere at the wood preserving
facility and accumulated in tanks or
containers (i.e., not accumulated on drip
pads) will remain subject to the SQG
accumulation limits. Only waste that is
accumulated on drip pads must comply
with the LQG accumulation limits.103
Because both the monthly generation
quantities (e.g., greater than 100 kg and
less than 1,000 kg) and accumulation
total (e.g., not to exceed 6,000 kg at any
one time) for SQGs are significantly less
than the generation and accumulation
quantities for LQGs, the Agency believes
that SQGs complying with the less
stringent conditions at § 262.34(d) (e.g.,
personnel training, contingency plan)
will be protective of human health and
the environment. Other than complying
with the management standards at 40
CFR part 265 subpart W, the Agency
sees no difference in the risks associated
with hazardous wastes accumulated in
tanks or containers. Therefore, EPA is
proposing to modify the SQG
regulations to require SQGs who
101 ‘‘Wood Preserving Resource Conservation and
Recovery Act Compliance Guide—A Guide to
Federal Environmental Regulation,’’ U.S. EPA,
EPA–305–B–96–001, June 1996, Section 5–8.
102 ‘‘Introduction to Drip Pads (40 CFR parts 264
and 265, subpart W),’’ RCRA, Superfund & EPCRA
Call Center Training Module, U.S. EPA, EPA530–
K–02–008I, October 2001, page 7.
103 ‘‘Wood Preserving Resource Conservation and
Recovery Act Compliance Guide—A Guide to
Federal Environmental Regulation,’’ U.S. EPA,
EPA–305–B–96–001, June 1996, Section 5–8.
PO 00000
Frm 00051
Fmt 4701
Sfmt 4702
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
57968
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
accumulate hazardous waste on drip
pads to comply with the technical
standards of 40 CFR part 265 subpart W,
with the 90-day accumulation limit for
that hazardous waste, and with all of the
other hazardous waste accumulation
standards for an SQG currently found at
§ 262.34(d).
Situations may also occur where an
SQG initially accumulates hazardous
waste on a drip pad but subsequently
transfers this waste to a container or
tank for subsequent management.
Similarly, the opposite situation may
occur where hazardous wastes are
generated and first accumulated by an
SQG in a tank or in containers and then
transferred to a drip pad. The Agency is
proposing that the SQG have up to a
total of 180 days to accumulate the
hazardous wastes, which includes both
the time the waste is on a drip pad and
when it is in a tank or container, but
that the total amount of time to
accumulate the hazardous waste on the
drip pad must not exceed 90 days. For
example, if an SQG accumulates
hazardous wastes on a drip pad for 80
days prior to transferring its waste to a
tank, the SQG would be able to
accumulate waste up to 100 days in the
tank before it would be required to send
it off-site for subsequent waste
management, or conversely, treat and
dispose of the waste on-site in
compliance with all applicable RCRA
regulations under parts 262 through 268
and 270.
In the case of an SQG first
accumulating a hazardous waste in a
tank or container and then transferring
the waste to a drip pad, the generator
would still have up to a total of 180
days, depending on the circumstances,
to send the waste off-site for subsequent
waste management, or conversely, treat
and dispose of the waste on-site in
compliance with all applicable RCRA
regulations under parts 262 through 268
and 270. However, under the proposal,
the amount of time allowed for the SQG
to accumulate the hazardous waste on a
drip pad may not exceed 90 days. For
example, if an SQG first accumulated
hazardous wastes in a tank or container
for 100 days and then transferred the
waste to a drip pad, the SQG would be
able to accumulate up to 80 days more
(for a total of 180 days) to accumulate
the waste on the drip pad before the
generator would be required to send the
waste off-site for subsequent waste
management, or conversely, treat and
dispose of the waste on-site in
compliance with all applicable RCRA
regulations under parts 262 through 268
and 270.
However, if an SQG first accumulated
hazardous wastes in a tank or container
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
for 80 days and then transferred the
waste to a drip pad, the SQG would
only have 90 days more (or a total of 170
days) to accumulate the waste on the
drip pad before the generator sent the
waste off-site for subsequent waste
management, or conversely, treat and
dispose of the waste on-site in
compliance with all applicable RCRA
regulations under parts 262 through 268
and 270.
EPA solicits comments on these
proposed revisions. In particular, EPA
requests comment on whether SQGs
accumulating hazardous waste on drip
pads should be subject to the
accumulation time limit of 180 days,
similar to SQGs accumulating
hazardous wastes in containers and
tanks. Conversely, EPA is seeking
comment on whether SQGs
accumulating hazardous waste on drip
pads should be subject to all applicable
conditions and requirements for LQGs,
and not just the 90-day accumulation
time limit.
The Agency also requests comment on
the procedures for documenting and
ensuring hazardous wastes are removed
from the sump or collection system 90
days or less from being first placed on
the drip pad and also for situations
where hazardous waste accumulation
involves both drip pads and containers
or tanks.
Effect of the Proposed Reorganization:
This section is affected by the proposed
reorganization. As part of the
reorganization in this action, EPA is
proposing to move the conditions for
exemption for SQGs accumulating
hazardous waste from § 262.34 to
§ 262.16. The proposed drip pad
conditions for SQGs can be found at
§ 262.16(b)(4). The reorganization is
discussed in section XIII of this
preamble.
2. Accumulation of Hazardous Waste in
Containment Buildings
Consistent with the changes proposed
for hazardous wastes accumulated on
drip pads by SQGs, the Agency is also
proposing that SQGs that accumulate
hazardous waste in containment
buildings for 90 days or less without a
permit or interim status must comply
with the technical standards of part 265
subpart DD and with all other
conditions associated with the
accumulation of hazardous waste by
SQGs currently found at § 262.34(d).
Similar to the drip pad regulations,
the containment building regulations
promulgated in 1992 (August 18, 1992,
57 FR 37194) did not discuss the
possibility of an SQG accumulating
hazardous wastes in a containment
building, but instead only discussed
PO 00000
Frm 00052
Fmt 4701
Sfmt 4702
TSDFs and LQGs accumulating
hazardous waste in containment
buildings (57 FR 37212). Thus, under
the current regulations, SQGs that
choose to manage hazardous wastes in
containment buildings can only do so if
they comply with the LQG requirements
or obtain a Part B permit for their
containment building.
EPA is proposing to modify the
regulations to allow SQGs to accumulate
hazardous wastes in containment
buildings for 90 days or less without a
permit or without having interim status
provided they comply with the
technical standards of part 265 subpart
DD and comply with all other
conditions associated with the
accumulation of hazardous waste by an
SQG found at § 262.34(d). As with
wastes accumulated by SQGs on drip
pads, the Agency believes that SQGs
complying with the less stringent
conditions at § 262.34(d) (e.g., personnel
training, contingency plan) will be
protective of human health and the
environment and other than complying
with the management standards at 40
CFR part 265 subpart DD, the Agency
sees no difference in the risks associated
with hazardous wastes accumulated in
tanks or containers.
As with drip pads, situations may
potentially arise where hazardous
wastes are first accumulated in a
containment building and then
transferred to containers for subsequent
accumulation, or vice-versa. The
Agency is proposing the same
framework as described in the
discussion on drip pads above for how
long SQGs may accumulate hazardous
wastes in a containment building to
maintain their hazardous waste
accumulation exemption.
EPA solicits comments on this
proposed revision. In particular, EPA
requests comment regarding whether
SQGs accumulating hazardous waste in
containment buildings should be subject
to the accumulation time limit of 180
days, similar to SQGs accumulating
hazardous wastes in containers and
tanks or, conversely, whether SQGs
accumulating hazardous waste in
containment buildings should be subject
to all applicable conditions for an
exemption and independent
requirements for LQGs, and not just the
90-day accumulation time limit. EPA
also seeks comment on situations where
hazardous waste accumulation involves
both containment buildings and
containers or tanks.
Effect of the Proposed Reorganization:
This section is affected by the proposed
reorganization. As part of the
reorganization in this action, EPA is
proposing to move the conditions for
E:\FR\FM\25SEP2.SGM
25SEP2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
exemption for SQGs accumulating
hazardous waste from § 262.34 to
§ 262.16. The proposed containment
building regulations for SQGs can be
found at § 262.16(b)(5). The proposed
containment building regulations for
LQGs can be found at § 262.17(a)(4). The
reorganization is discussed in section
XIII of this preamble.
K. Deletion of Performance Track
Regulations
EPA launched The National
Environmental Performance Track in
2000 to provide regulatory and
administrative benefits to Performance
Track members. Performance Track was
a public-private partnership that
encouraged continuous environmental
improvement through use of
environmental management systems,
community outreach, and measurable
results. In order to provide regulatory
benefits to members, EPA made changes
to the RCRA hazardous waste
regulations, among others, that
specifically referenced members of
Performance Track.
EPA terminated the Performance
Track program in 2009. Therefore, EPA
is proposing to remove obsolete
references to Performance Track in the
RCRA hazardous waste regulations as a
part of this rulemaking. In some cases,
a whole paragraph of regulation will be
removed and in other instances we will
remove just the part of the paragraph
that references Performance Track. The
deleted paragraphs would then be
reserved to reduce the possibility of
confusion by replacing them with other
regulations. The references that would
be removed would be the following:
• § 260.10: Definition of Performance
Track member facility;
• § 262.34(j), (k), and (l): Regulations
for accumulation of hazardous waste by
LQGs in Performance Track;
• § 262.211(c): Two parenthetical
references to § 262.34 (j) and (k) in the
regulations for academic labs in subpart
K of part 262;
• §§ 264.15(b)(4) and 265.15(b)(4):
References to the requirements for
inspection of areas of the facility subject
to spills in §§ 264.15(b)(5) and
265.15(b)(5), respectively;
• §§ 264.15(b)(5) and 265.15(b)(5):
Requirements for Performance Track
member facilities that reduce inspection
frequency for areas subject to spills;
• §§ 264.174 and 265.174: References
to Performance Track requirements for
inspections of areas where containers
are stored;
• §§ 264.195(e), 265.195(d), and
265.201(e): Requirements for
Performance Track member facilities for
inspections of tank systems;
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
• §§ 264.1101(c)(4) and
265.1101(c)(4): Requirements for
Performance Track member facilities for
reduced inspections of containment
buildings;
• § 270.42(l): Procedures for permit
modifications for Performance Track
member facilities; and
• Appendix 1 to § 270.42—
Classification of Permit Modification,
Section O.1: Indication that a permit
modification for reduced inspections for
a Performance Track member facility is
a Class 1 permit modification.
The provisions that EPA is proposing
to remove were added to the regulations
in the National Environmental
Performance Track Program final rule,
dated April 22, 2004 (69 FR 21737), the
Resource Conservation and Recovery
Act Burden Reduction Initiative final
rule, dated April 4, 2006 (71 FR 16862),
and the Academic Laboratories final
rule, dated December 1, 2008 (73 FR
72912). The Agency is requesting
comment on whether there are
additional references to the Performance
Track program in the RCRA hazardous
waste regulations that should be
removed as a part of this rulemaking.
Effect of the Proposed Reorganization:
This section is not affected by the
proposed reorganization.
L. Clarification of Biennial Reporting
Requirements (40 CFR 262.41)
EPA is proposing to modify the
biennial reporting regulations for
generators found at 40 CFR 262.41 in
order to make the regulations consistent
with Agency guidance, including its
biennial report instructions and forms.
More specifically, the Agency is
proposing the following revisions: (1)
Only LQGs need to submit biennial
reports; (2) LQGs must report all of the
hazardous waste they generate for the
entire reporting year, not just the
month(s) the generator was an LQG; (3)
LQGs completing a biennial report must
report all hazardous wastes they
generated in the reporting year,
regardless of whether they transferred
the waste off site during the reporting
year; and (4) a reference to the biennial
report form (EPA form 8700–13) at
§ 262.41 rather than the list of specific
data elements in currently at that
citation.
Additionally, EPA is proposing to
modify the title of subpart D from
‘‘Recordkeeping and Reporting’’ to
‘‘Recordkeeping and Reporting
Applicable to Small and Large Quantity
Generators’’ in order to highlight which
entities need to comply with this
subpart.
PO 00000
Frm 00053
Fmt 4701
Sfmt 4702
57969
1. Biennial Report Requirements Are
Only Applicable to LQGs
The first proposed change is to
modify the biennial reporting
regulations in § 262.41 to make these
only applicable to LQGs (and thus not
applicable to SQGs and CESQGs).
Currently, the biennial report
regulations at § 262.41(a) and (b) refer to
‘‘a generator’’ and ‘‘any generator,’’ but
do not further specify which categories
of generators must complete and submit
a biennial report. However, current EPA
guidance, as well as a 1986 FR notice,
states that only LQGs must complete
and submit a biennial report to
EPA.104 105 To reduce confusion between
the regulations and EPA’s current
guidance regarding the applicability of
biennial reporting requirements, EPA is
proposing to modify § 262.41 to state
that only LQGs are required to complete
and submit a biennial report. This
proposed change would not result in a
substantive change to the existing
regulations, but would make clear who
is required to submit the biennial report.
Additionally, EPA is proposing to
modify the phrase ‘‘prepare and submit’’
which is the existing language in
§ 262.41, to ‘‘complete and submit’’
because the Agency believes that
‘‘complete and submit’’ more accurately
reflects that LQGs must complete all
applicable elements of the biennial
report forms.
Effect of the Proposed Reorganization:
This section is not affected by the
proposed reorganization.
2. LQGs Must Report All Hazardous
Waste Generated During the Reporting
Year, Not Just for the Month(s) the
Generator Was an LQG
The second proposed change is to
modify the biennial reporting
regulations to require LQGs to report all
of the hazardous waste they generate for
the entire reporting year, not just the
month(s) the generator was actually an
LQG. (Additionally, if EPA were to
make final the proposed provision
allowing an LQG to receive hazardous
waste from a CESQG under control of
104 The Federal Register notice states, ‘‘the
Agency is today finalizing the proposed exemption
from the biennial report requirements of § 262.41
for generators of 100–1000 kg/mo, including an
exemption from the provisions of this section
requiring a description of efforts taken during the
reporting year to minimize waste generation.’’ (51
FR 10160, March 24, 1986). Additionally, EPA’s
Hazardous Waste Report Instructions and Forms
specify that only LQGs (as well as facilities that
treat, store, or dispose of RCRA hazardous waste onsite) must complete and file the biennial report
(https://www.epa.gov/osw/inforesources/data/
biennialreport/index.htm).
105 Both EPA and the states have received
questions from generators regarding whether they
must submit a biennial report.
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
57970
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
the same person, an LQG would also
have to report the waste it received
during the reporting year. See section
VII.C of the preamble for discussion of
this provision.) The Agency is
proposing this change since there have
been different positions provided by
EPA regarding whether LQGs must
report on the amount of hazardous
waste generated and managed for the
entire reporting year or only for those
months they were an LQG, and, thus,
were subject to the LQG standards,
including biennial reporting. In
addition, although the vast majority of
states require LQGs to report the total
amount of hazardous waste they
generate for the entire reporting year,
even if they were an LQG for only one
calendar month, there are at least two
states that only require LQGs to report
the amount of hazardous waste
generated and managed for those
months they were an LQG.106
Specifically, in a 1980 Federal
Register notice, the Agency stated, ‘‘The
recordkeeping and reporting
requirements of part 262 apply,
however, only to those periods in which
the generator’s hazardous waste is
subject to full regulation under part 262.
Thus, for example, the annual report of
a generator whose waste is subject to
full regulation under part 262 for three
months in a year would cover the
generator’s activity only for those three
months’’ (45 FR 76621, November 19,
1980). However, current EPA guidance
in the Hazardous Waste Report
Instructions and Forms instructs
generators to report the total quantity of
hazardous waste generated during the
reporting year. The regulations in
§ 262.41 are silent on this issue.
In the interest of national consistency,
EPA proposes to modify the regulations
at § 262.41 to require LQGs to report the
total amount of hazardous waste
generated during the entire reporting
year. EPA believes that this change will
ensure a more complete and reliable
estimate on the total amount of
hazardous waste generated in order to
support various RCRA program
development and implementation
efforts by EPA and the states.
The Agency does not anticipate
significant added burden from this
provision. First, EPA knows of only two
states (Idaho and Kentucky) that
currently require generators to report
only those hazardous wastes generated
106 Relatedly, EPA is also proposing to allow
CESQGs and SQGs that generate additional
amounts of hazardous waste in response to an
episodic event that would have required a bump up
in generator category to maintain their generator
category provided certain conditions are met. See
section IX of this preamble for more information.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
during the months the generator was an
LQG. Thus, this modification will only
affect a small percentage of the LQG
universe that in certain months are not
LQGs. Second, these LQGs are already
completing a biennial report, so the
change in burden will be in reporting
the additional amounts of hazardous
waste they generate for the remaining
months of the reporting year that they
were not an LQG. Third, generators are
already required under § 261.5(c) and
(d) to count the amount of hazardous
waste they generate monthly to
determine their regulatory status and
thus would be counting hazardous
waste during months they are not LQGs.
Fourth, most generators transfer the
hazardous waste they generate off site
and, thus, should be able to use their
hazardous wastes manifests to calculate
the total amount of hazardous wastes
they generate annually.
Effect of the Proposed Reorganization:
This section is not affected by the
proposed reorganization.
3. LQGs Must Report All Hazardous
Waste Generated During the Reporting
Year, Regardless of When the Waste
Was Transferred Off Site
The third proposed change requires
LQGs completing a biennial report to
report all hazardous wastes they
generated during the reporting year,
regardless of when the hazardous waste
was transported off site. Although the
current biennial report instructions
clearly state that LQGs should report the
total quantity of hazardous waste that
was generated during the reporting year,
the regulations do not address cases in
which the generator generates
hazardous waste during the reporting
year, but ships the waste off site during
the next calendar year.
For purposes of completeness and to
be consistent and avoid confusion with
the current biennial report and its
instructions, the Agency is proposing to
state in § 262.41 that LQGs must report
all hazardous wastes they generate in
the reporting year, regardless of when
the generated hazardous waste was
transferred off site. The Agency believes
that this change will not pose a
significant burden since the information
is already available; it is simply stating
clearly in which year the data is
reported.
Effect of the Proposed Reorganization:
This section is not affected by the
proposed reorganization.
PO 00000
Frm 00054
Fmt 4701
Sfmt 4702
4. Replace the List of Specific Data
Elements With an Independent
Requirement To Complete and Submit
All Data Elements Required in the
Biennial Report Form (EPA Form 8700–
13)
EPA is proposing to modify the
regulations at 40 CFR 262.41 to
eliminate the specific list of data
elements and to require the completion
and submission of all data elements
contained in the biennial report form
(EPA form 8700–13).
Section 262.41(a) currently requires
that the biennial report include a
specific list of data elements, including
the name, address, and EPA ID number
of the generator and each transporter
and TSDF, the EPA hazardous waste
number for each hazardous waste
shipped off site, and a signed
certification, among other things.
In the nearly three decades since the
biennial report regulations were first
promulgated, EPA’s biennial report form
and instructions have evolved to enable
better data analysis and to reduce
burden, where possible. Thus, the
regulations at § 262.41 no longer
accurately reflect the data elements
currently listed in EPA’s biennial report
instructions and forms. For example,
current EPA guidance for biennial
reporting requires generators to identify
their hazardous wastes using not only
the EPA hazardous waste number, but
also using source, form, and
management method codes.
Additionally, EPA no longer requires
the collection of the name and EPA
identification number of each
transporter in the biennial report. In
order to maintain consistency between
the regulations at § 262.41 and the EPA
biennial report instructions and forms,
EPA is proposing to remove the list of
specific data elements currently in the
regulations and to simply require
completion and submission of all the
data elements required in EPA form
8700–13. This change eliminates the
need to update the list of data elements
in the regulations, which would require
periodic rulemakings, every time that
changes were made to the information
to be provided.
At least every three years, EPA’s
biennial report instructions and forms
are reviewed and approved through the
information collection request (ICR)
process under the Paperwork Reduction
Act (PRA). The PRA requires EPA to
issue proposed and final notices in the
Federal Register and to provide
opportunity for public comment, thus
ensuring that the regulated community
is informed and has the opportunity to
comment on the report instructions and
E:\FR\FM\25SEP2.SGM
25SEP2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
form. The PRA also requires approval by
the Office of Management and Budget.
Eliminating the list of specific data
elements currently in the regulations
therefore does not eliminate public
input and avoids duplication with the
review and approval processes
established under the PRA.
EPA does not believe this change in
any way affects the enforceability of the
biennial reporting regulations.
Generators must complete and submit
all information required by EPA form
8700–13. EPA also notes that this
approach is similar to the current
regulations at § 262.12, which require
generators to obtain an EPA
identification number using EPA form
8700–12 (Site ID form). Section 262.12
does not contain an itemized list of
specific data elements contained in EPA
form 8700–12. Instead, it requires the
completion and submission of the
specified form.
EPA also notes that some states
develop their own biennial report forms,
based on the federal forms. EPA does
not believe this proposed change would
impact the biennial reporting processes
in these states. Authorized states that
use a different form for collecting
biennial report information would
simply refer to their authorized state
form in their state regulations.
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
5. Request for Comment
The Agency requests comment on the
proposed changes to § 262.41. EPA also
specifically requests whether
commenters believe the proposed
change to eliminate the specific data
elements in § 262.41 will ease
compliance and understanding of the
current biennial reporting procedures.
M. Provision Prohibiting Generators
from Disposing of Liquids in Municipal
Solid Waste Landfills (Proposed
§ 262.14 and § 262.35)
EPA is proposing to add a paragraph
at § 262.14 (for CESQGs) and § 262.35
(for SQGs and LQGs) that hazardous
waste generators are prohibited from
disposing of liquid hazardous wastes in
landfills. This is not a new requirement;
it is a reflection of existing regulations
found at § 258.28 for municipal solid
waste landfills (MSWLFs), and
§§ 264.314 and 265.314 for permitted
and interim status hazardous waste
landfills. The Agency believes it is
important to emphasize that the
responsibility for complying with this
provision not only resides with
municipal and hazardous waste haulers
and landfill operators, but also with
hazardous waste generators.
The restriction for disposal of liquid
hazardous waste in MSWLFs has been
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
in place since 1991 at § 258.28 and
specifically restricts ‘‘bulk or
noncontainerized liquid wastes, except
(1) household wastes (other than septic
wastes), and (2) leachate and gas
condensate that is derived from the
MSWLF unit where the unit is equipped
with a composite liner and a leachate
collection system. . . designed and
constructed to maintain less than 30
centimeters of leachate over the liner’’
(56 FR 51055, October 9, 1991).107
In the same preamble, EPA went on
to state that liquids restrictions are
necessary because the disposal of
liquids into landfills can be a significant
source of leachate generation and that
restricting the introduction of liquids
into landfills would minimize the
leachate generation potential of landfills
and reduce the risk of liner failure and
subsequent contamination of the ground
water.108 The special requirements for
bulk and containerized liquids in part
264 address similar concerns about the
management of liquids in landfills.109
Under current practices and
operations, the primary onus for seeing
that hazardous waste liquids are
restricted from landfills generally
resides with the hauler. Should a
random inspection at a landfill of the
hauler’s waste find liquid hazardous
waste, the landfill operator cannot
accept the hauler’s waste without
violating its landfill permit. As a result,
the hauler would be required to
transport its waste back to the generator
or to a RCRA-permitted treatment
facility and pay the significantly higher
tipping fees for any required treatment
prior to disposal. While the waste
management hauler or transporter can
provide a measure of oversight,
ultimately the hauler must rely on the
due diligence and waste management
practices of the hazardous waste
generator to avoid such an outcome. In
other words, the hazardous waste
generator is responsible for ensuring
that hazardous waste liquids are not
disposed of in landfills.
Considering the importance of
restricting liquid hazardous wastes in
landfills, the Agency believes including
a mirror provision in the 40 CFR part
262 hazardous waste generator
regulations would increase awareness,
and thus compliance, by generators with
the liquids restriction that currently
exists in §§ 258.28, 264.314(a) and
265.314(a) Therefore, the Agency is
proposing to incorporate this provision
107 The prohibition on liquid wastes in MSWLFs
applies to all liquid wastes and not just liquid
hazardous wastes.
108 56 FR 51055, October 9, 1991.
109 40 CFR 264.314(a) and 265.314(a).
PO 00000
Frm 00055
Fmt 4701
Sfmt 4702
57971
into the generator regulations at part
262.
Effect of the Proposed Reorganization:
This section is affected by the proposed
reorganization in that we are proposing
to include the provision as a condition
in § 262.14 for CESQGs, as well as in
§ 262.35 for SQGs and LQGs.
N. Extending Time Limit for
Accumulation Under Alternative
Requirements for Laboratories Owned
by Eligible Academic Facilities (40 CFR
Part 262 Subpart K)
The Agency is proposing to extend
the accumulation time for unwanted
material by eligible academic entities
with laboratories operating under 40
CFR part 262 subpart K from six months
to one year.
Under 40 CFR part 262 subpart K
eligible academic entities have the
choice of operating their laboratories
under the alternative subpart K
standards instead of the satellite
accumulation area regulations at 40 CFR
262.34(c). Currently, if the eligible
academic entity chooses to operate its
laboratories under subpart K, the entity
must remove the unwanted material
from each laboratory under the
following two circumstances: (1) Every
6 months; or (2) within 10 days, if the
laboratory accumulates more than 55
gallons of unwanted material or 1 quart
of reactive acutely hazardous unwanted
material.
Operating under the SAA regulations,
an eligible academic entity has no time
limit for accumulation. Therefore, for
smaller eligible academic entities that
do not accumulate 55 gallons in a
laboratory, subpart K’s six month
accumulation time limit can mean a
shorter, more stringent, accumulation
time than they have under the satellite
accumulation area regulations. Eligible
academic entities have cited this shorter
accumulation time as a disincentive for
opting into the alternative standards in
subpart K. The Agency therefore
requests comment regarding its proposal
to increase the accumulation time limit
in an eligible academic entity’s
laboratory to 12 months.
Lengthening the time would yield a
cost savings for those operating under
subpart K compared to the costs they
have now. The longer accumulation
time would come with no increased risk
because the volume limits—which are
the same as the SAA volume limits—
would continue to be in place for the
rare cases where labs do accumulate 55
gallons of unwanted material or 1 quart
of reactive acutely hazardous unwanted
material.
The Agency requests comment on
extending the accumulation time for
E:\FR\FM\25SEP2.SGM
25SEP2
57972
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
unwanted material by eligible academic
entities with laboratories operating
under 40 CFR part 262 subpart K, from
six months to one year.
Effect of the Proposed Reorganization:
This section is not affected by the
proposed reorganization.
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
IX. Proposed Addition to 40 CFR Part
262 for Generators that Temporarily
Change Generator Category as a Result
of an Episodic Event
EPA is proposing to allow a CESQG
or an SQG to maintain its existing
generator category if, as a result of a
planned or unplanned episodic event,
the generator would generate a quantity
of hazardous waste in a calendar month
sufficient to bump the facility into a
more stringent generator category (i.e.,
CESQG to either an SQG or an LQG; or
an SQG to an LQG). This proposed
change would allow a CESQG or SQG to
generate additional quantities of
hazardous waste—exceeding its normal
generator category limits temporarily—
and still maintain its existing regulatory
category provided it complies with
specified conditions discussed below.
Because these events are considered to
be temporary and episodic in nature, the
hazardous waste generator would only
be allowed to take advantage of this
provision once every calendar year.
Also as explained below, a CESQG or
SQG could petition EPA to manage one
additional episodic event per calendar
year.
A. Background
Under the current RCRA regulatory
framework for hazardous waste
generators, a generator’s category is
determined by the quantity of hazardous
waste it generates in a calendar month.
For example, if a generator generates
less than or equal to 100 kilograms of
non-acute hazardous waste and 1
kilogram of acute hazardous waste in a
calendar month, then it can comply
with the regulations applicable to a
CESQG.110 However, if that same
generator generates more than 100
kilograms but less than 1,000 kilograms
of non-acute hazardous waste and less
than or equal to 1 kilogram of acute
hazardous waste in the following
calendar month, then it must comply
with all applicable regulations
associated with an SQG.
At issue is when the generator
generates an additional quantity of
hazardous waste in a calendar month as
a result of an episodic event—(planned
or unplanned)—only to revert back to its
110 Note: Besides the generation of non-acute
hazardous waste, a generator’s category is also
determined by the quantities of acute hazardous
waste it generates in a calendar month.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
normal waste generation quantities in
the following month. For example, a
CESQG plans a short-term demolition
project that generates an additional 500
kilograms of hazardous waste in the
calendar month, resulting in the CESQG
becoming an SQG for that calendar
month. However, once the demolition
project has been completed, the
generator’s waste generation drops such
that it again qualifies as a CESQG. Other
examples of planned episodic events
include tank cleanouts, short-term
construction projects, site remediation,
equipment maintenance during plant
shut downs, and removal of excess
chemical inventories.
Unplanned episodic events, which
may be less frequent, include
production process upsets, product
recalls, excess inventory, accidental
spills, or ‘‘acts of nature,’’ such as a
tornado, hurricane, or flood. For
example, an SQG suffers an unplanned
disruption in production that results in
the generation of 3,000 kilograms of an
off-specification product that cannot be
sold and must be discarded, therefore
bumping the generator from an SQG to
an LQG for that calendar month.
Currently, for the one month the
hazardous waste generator was subject
to more stringent regulations, the
generator has two options: (1)
Temporarily change its waste
management practices to comply with
those of the more stringent generator
category for the duration of the event or
(2) permanently adjust and manage all
subsequent quantities it generates in the
more stringent generator category (even
though it is in a less stringent generator
category in subsequent months).
Generators that do not comply will be
out of compliance with the applicable
regulations.
Under the current regulatory
framework, a CESQG must comply with
minimal conditions for an exemption.
For non-acute hazardous waste, these
include the following: making a
hazardous waste determination;
counting the amount of hazardous waste
it generates to ensure it is a CESQG (e.g.,
generates less than or equal to 100
kilograms of non-acute hazardous waste
and 1 kilogram of acute hazardous waste
in a calendar month); accumulating no
more than 1,000 kilograms on site at any
one time; and sending its hazardous
waste for subsequent off-site waste
management to one of several specified
designation facilities.111 However, if an
111 A CESQG may send its hazardous waste to (1)
a hazardous waste facility permitted by EPA; (2) an
interim status hazardous waste facility; (3) a
hazardous waste facility permitted by an authorized
state; (4) a facility permitted, licensed or registered
by a state to manage municipal solid waste; (5) a
PO 00000
Frm 00056
Fmt 4701
Sfmt 4702
episodic event were to occur, such as
the generation of an additional 500
kilograms of non-acute hazardous waste
resulting from a disruption in
production process, the generator would
need to comply with the SQG
regulations that include both
independent requirements and
conditions for exemption. Having to
obtain a RCRA identification number
would be an example of an independent
requirement, whereas managing its
hazardous wastes in containers or tanks
subject to the applicable 40 CFR part
265 subparts I and J regulations, and
marking and labeling the containers
would be examples of conditions for
exemption. EPA believes requiring a
CESQG to comply with the additional
SQG or LQG regulations or an SQG to
comply with the LQG regulations for the
month its hazardous waste exceeded the
quantity limits based on an episodic
event (planned or unplanned) may be
unnecessary to protect human health
and the environment. Instead, the
Agency is proposing a more practical
approach to ease compliance for
episodic generators and still protect
human health and the environment. By
complying with the specified
conditions, the generator would be able
to maintain its current generator
category and would not be required to
comply with the more stringent sitewide regulations applicable to the
higher generator category.
Although EPA does not have specific
information regarding the number of
generators that may take advantage of its
proposed alternative episodic standards,
we can make certain estimates using
data collected through the biennial
report. EPA currently estimates that
1,270–2,550 generators could
potentially take advantage of this
provision if it is finalized.112 However,
EPA believes that the potential universe
of generators that may want to take
advantage of the episodic event
standards may be significantly higher
and is seeking comment on what a more
reliable estimate might be. For example,
there may be certain industrial sectors
in which generators have a higher
probability of being episodic generators
facility permitted, licensed or registered by a state
to manage non-municipal non-hazardous solid
waste; (6) a facility which beneficially uses or
reuses or legitimacy recycles or reclaims its wastes
or treats its waste prior to beneficial use or reuse
or legitimacy recycling or reclamation; or (7)
universal waste handler or destination facility
subject to the requirements in 40 CFR part 273.
112 Assessment of the Potential Costs, Benefits,
and Other Impacts of the Improvements to the
Hazardous Waste Generator Regulatory Program, As
Proposed, prepared for U.S. Environmental
Protection Agency by Industrial Economics,
Incorporated, May 2015.
E:\FR\FM\25SEP2.SGM
25SEP2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
than in others (e.g., retail, oil and gas
exploration, utilities, and military
bases).
On February 14, 2014, EPA published
a Notice of Data Availability for the
Retail Sector in which the Agency
requested, among other topics,
comments from retailers on issues they
face in complying with the RCRA
regulations. Some commenters
mentioned the challenge posed by
complying with the hazardous waste
regulations when an irregular event
causes them to exceed the threshold of
their normal generator category for a
single month. This provision would
provide a way for retailers and others to
manage that challenge.
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
B. Proposed Conditions for Episodic
Generators
Under the proposed framework, a
CESQG or an SQG generating an
increased quantity of hazardous waste
because of an episodic event that
resulted in a temporary change in a
generator’s category would be able to
maintain its existing generator category
provided specified conditions are met as
the waste is accumulated. We believe
these conditions will be sufficient to
ensure these additional hazardous
wastes are managed in an
environmentally sound manner. Similar
to the existing hazardous waste
regulatory framework, should a CESQG
fail to meet the specified conditions, it
would immediately lose the CESQG
accumulation exemption and be the
operator of a non-exempt storage facility
unless it also immediately complied
with all of the conditions for exemption
for an SQG or LQG. If an SQG failed to
meet any specified condition for
exemption, it would immediately lose
its exemption and be the operator of a
non-exempt storage facility unless it had
immediately complied with all of the
conditions for an exemption for an LQG.
For both CESQGs and SQGs taking
advantage of this provision, the
following conditions must be met:
(1) Episodic events are limited to one
per calendar year;
(2) The generator must notify EPA at
least 30 calendar days prior to initiating
a planned episodic event or within 24
hours after an unplanned episodic event
or as soon as possible; identify the start
and end dates, which may be no more
than 45 days apart, as well as other
information about the event; and
identify a facility contact and/or
emergency coordinator with 24-hour
telephone access to discuss notification
submittal or respond to emergency;
(3) The generator must obtain an EPA
ID number (CESQGs);
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
(4) The generator must comply with
specified hazardous waste management
conditions as the waste is accumulated
on-site;
(5) The generator must use a
hazardous waste manifest and
hazardous waste transporter to ship the
waste generated by the episodic event to
a RCRA-designated facility within 45
calendar days from the start of the
episodic event;
(6) The generator must complete and
maintain specified records.
EPA is also proposing a petition
process to allow hazardous waste
generators to request from EPA one
additional episodic event within the
same calendar year and/or an extension
of up to 30 calendar days to complete
an episodic event and still be eligible to
maintain its generator category. An
example of how the implementation of
these provisions would work in
practice, particularly the start and end
dates in conjunction with normal waste
generation and accumulation
operations, follows a discussion of these
requirements.
The proposed regulations for episodic
generators are located at a new part 262
subpart L, §§ 262.230–232.
1. Number of Episodic Events per
Calendar Year
The Agency is proposing that a
CESQG or a SQG be allowed to exceed
its generator category limits only once
per calendar year without affecting its
generator category.113 114 EPA has
several reasons for this restriction. First,
if a CESQG or SQG exceeds its generator
category limits more frequently than
once per calendar year, EPA is
concerned that these generators are
more likely to be routinely generating
greater amounts of hazardous waste and
thus it may be more appropriate for the
generator to comply with the regulations
applicable to the higher generator
category, at least for the months they
exceed the quantity limits for their
generator category. Second, EPA
believes most hazardous waste
generators experience an episodic event
infrequently, such as once every few
years, and these events are typically
planned maintenance projects. Third,
the Agency does not consider an
episodic event to be limited to one
project within the generator’s site. In
fact, a generator could start and
113 As discussed later, the length of a generator’s
episodic event may overlap two calendar years in
which case discretion would be provided to EPA or
the authorized state as to how it would address a
request for another episodic event in the second
year by a generator.
114 EPA is proposing a process to petition the
Agency for an additional event, if warranted.
PO 00000
Frm 00057
Fmt 4701
Sfmt 4702
57973
complete multiple projects (e.g., a small
demolition project, a tank cleanout, and
removal of excess chemicals) at different
dates within the 45 day time limit so
long as it stayed within the 45 day start
and end dates identified on the
notification form with all hazardous
waste generated considered part of the
same episodic event.
2. Notification
A SQG or CESQG would have to
notify EPA no later than 30 days prior
to initiating a planned episodic event
using EPA form 8700–12 (Site ID form).
Should EPA finalize this provision, EPA
will provide instructions in the Site ID
form on how to report an episodic event
(for example, using the notes section of
the form). The hazardous waste
generator would be required to identify
the dates the episodic event will begin
and end—a time frame not to exceed 45
calendar days—as well as describe the
reason for the event and the types and
estimated quantities of hazardous
wastes that would be generated during
the event. Should an unplanned event
occur, the generator would be required
to notify EPA as soon as possible via
phone or email, but must submit EPA
form 8700–12 (Site ID form) within 24
hours of the unplanned event, or as
soon as possible depending upon the
circumstances. Unless notified by EPA
or an authorized state, a CESQG or SQG
would be allowed to begin its episodic
event on the date identified on its form
8700–12.
The date identified on the notification
form as the start date for the episodic
event is assumed to be the date the
generator initiates physical action in
generating and accumulating the
hazardous waste. Whether such action
actually occurs on that date or after by
the generator will have no impact in
changing the end date of the episodic
event identified on the notification
form.
No matter what, the end date must be
no later than 45 calendar days from the
date identified on the notification form
as the start date of the episodic event.
The end date will be the date on which
all hazardous waste generated from the
episodic event, and possibly other
hazardous waste also generated during
that time period as part of normal
operations, will have had to be removed
and sent to a RCRA designation facility
as verified by the hazardous waste
manifest. The Agency does not see any
reason to preclude a generator taking
advantage of this provision to also
dispose of other hazardous wastes
generated during the time of the
episodic event.
E:\FR\FM\25SEP2.SGM
25SEP2
57974
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
As part of the notification form, a
CESQG would have to notify its local
fire department that it was taking
advantage of an episodic event. The
notice would need to include the start
and end dates and identify the types
and quantities of hazardous wastes that
would be generated.
EPA believes notification is essential
to inform regulatory authorities of the
facility’s activities in order to enable
adequate compliance monitoring of the
facility with the conditions of the
alternative standards.
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
3. EPA ID Number
A CESQG generating and
accumulating quantities of hazardous
waste that would otherwise result in a
higher generator category because of an
episodic event (whether planned or
unplanned) would be required, under
the proposed regulations, to obtain an
EPA ID number using EPA form 8700–
12 if one had not previously been
assigned. A generator cannot initiate a
hazardous waste shipment to a RCRAdesignated facility without an EPA ID
number. (SQGs are already required to
obtain an EPA ID number.)
4. Waste Management Standards
a. Accumulation standards for
CESQGs. Under the current regulations,
a CESQG must not accumulate more
than 1,000 kilograms of non-acute
hazardous waste at any one time, but
otherwise does not have any on-site
waste management standards when
accumulating hazardous waste,
primarily because the quantities
generated every month are so small.
EPA is proposing to require a CESQG
that generates episodic hazardous waste
that would cause the CESQG to exceed
its generator category limit for the
calendar month to comply with the
following accumulation standards for
containers and tanks that manage the
episodic wastes if it wants to take
advantage of the episodic generator
provision (CESQGs are prohibited from
using a drip pad or a containment
building). EPA believes that these
standards are necessary because the
quantity of hazardous waste that is
accumulated during this episodic period
requires standards for safe management
in order to adequately protect human
health and the environment.
When accumulating hazardous waste
in containers, the CESQG would be
required to mark its containers with the
following: (1) The words ‘‘Episodic
Hazardous Waste’’; (2) other words that
identify the contents of the containers—
examples may include, but are not
limited to the name of the chemical(s),
such as ‘‘acetone’’ or ‘‘methylene
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
dichloride,’’ or the type or class of
chemical, such as ‘‘organic solvents’’ or
‘‘halogenated organic solvents’’ or, as
applicable, the proper shipping name
and technical name markings used to
comply with DOT requirements at 49
CFR part 172 subpart D; and (3) an
indication of the hazards of the contents
of the container—examples of hazards
include, but are not limited to, the
applicable hazardous waste
characteristic(s) (i.e., ignitable,
corrosive, reactive, toxic). In the case of
hazardous wastes ultimately treated and
disposed of off-site, the generator could
use a hazard class label consistent with
the DOT requirements at 49 CFR part
172 subpart E (labeling), use a label
consistent with the OSHA Hazard
Communication Standard at 29 CFR
1920.1200, or use a chemical hazard
label consistent with the NFPA code
704; or a hazard pictogram consistent
with the United Nations’ GHS.
Generators also may use any other
marking or labeling commonly used
nationwide in commerce that would
alert workers and emergency responders
to the nature of the hazards associated
with the contents of the containers.
These marking standards are the same
as those for LQGs and SQGs
accumulating hazardous wastes in
containers in the course of normal
business operations and are necessary to
protect human health and the
environment. In addition to these, the
CESQG would be required to mark the
date that the episodic event began
clearly on each container.
For tanks, the CESQG would have to
mark or label the tank containing
hazardous waste accumulated during
the event with the words ‘‘Episodic
Hazardous Waste’’ and would be
required to use inventory logs,
monitoring equipment, or other records
to identify the contents of the tank, the
quantity accumulated as a result of the
episodic event, and the associated
hazards and to identify the date that the
episodic event began. The records
containing this information would have
to be immediately accessible by the
generator.
In addition, the generator would be
required to manage the hazardous waste
in a manner that minimizes the
possibility of an accident or release.
Management standards are critical to
ensure the hazardous waste does not
pose a risk to human health and the
environment. A CESQG may use best
management practices to comply with
this condition. In practice, this includes
managing the hazardous waste in
containers that are in good condition
and chemically compatible with any
hazardous waste accumulated therein
PO 00000
Frm 00058
Fmt 4701
Sfmt 4702
and keeping the containers closed
except to add or remove waste.
Complying with the standards in part
265 subpart I would satisfy this
condition.
With respect to tanks, the following
standards are proposed: (1) Having
procedures in place to prevent overflow
(e.g., the tank is equipped with a means
to stop inflow with systems such as a
waste feed cutoff system or bypass
system to a standby tank when
hazardous waste is continuously fed
into the tank); (2) inspecting the tank(s)
at least once each operating day during
the episodic event to ensure all
applicable discharge control equipment,
such as waste feed cutoff systems,
bypass systems, and drainage systems,
are in good working order and (3) using
appropriate controls and practices to
prevent spills and overflows from tank
or secondary containment systems
including at a minimum spill
prevention controls (e.g., check valves,
dry disconnect couplings), overfill
prevention controls (e.g., level sensing
devices, high level alarms, automatic
feed cutoff, or bypass to a standby tank),
maintenance of sufficient freeboard in
uncovered tanks to prevent overtopping
by wave or wind action or by
precipitation. Such practices are
necessary to prevent the release of the
hazardous waste or hazardous
constituents to air, soil, or water, which
could threaten human health and the
environment.
As mentioned above, an emergency
coordinator (in compliance with
proposed § 262.16(b)(9)(i)) must be
identified for the duration of the
episodic event on the notification form.
A CESQG taking advantage of this
provision would also need to notify the
local fire department of who their
emergency coordinator was if they had
not done so already for other emergency
preparedness and planning reasons. An
emergency coordinator is needed
because the CESQG will be generating
greater amounts of hazardous waste
than normal and, should an accident
occur, the emergency coordinator would
need to be prepared to handle the
situation.
EPA believes these management
standards are necessary to adequately
protect human health and the
environment because of the additional
quantities of hazardous waste generated
and accumulated as a result of an
episodic event. The Agency, however,
seeks comment on these proposed
management standards. In particular,
the Agency is aware of concerns
expressed by generators in the past that
the marking and labeling of tanks with
the date the generator first began
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
accumulating hazardous waste could
prove problematic since the tank could
have numerous markings on it. (See
comments found in RCRA Docket EPA–
HQ–RCRA–2008–0678 in response to
EPA’s Technical Corrections Direct
Final rule, 75 FR 12989.) The Agency
has responded to this concern by
allowing generators to use log books and
other means to identify the hazardous
waste accumulation start date. However,
the Agency is proposing that CESQGs
(and SQGs) label their tanks with the
words ‘‘Episodic Hazardous Waste’’ so
that emergency responders and others
are readily aware of the tank’s contents
and situation. The Agency requests
comment on whether this requirement
could also prove problematic, and if so,
why, and what cost-effective
alternatives exist to address those
concerns and still allow emergency
responders, inspectors, workers, etc. to
be readily aware of the tank’s hazardous
waste contents.
Under the existing regulations,
CESQGs may not treat hazardous waste
generated on site in a manner equivalent
to SQGs and LQGs under § 262.34,
except in an on-site elementary
neutralization unit. Elementary
neutralization units, as defined in
§ 260.10, are exempt from RCRA
treatment, storage, and disposal
standards and permitting requirements.
The elementary neutralization unit
exclusion does not preclude a CESQG
from treating waste in the exempt unit
as long as the generator meets the
criteria outlined in §§ 264.1(g)(6),
265.1(c)(10), and 270.1(c)(2)(v).
Specifically, the elementary
neutralization unit must meet the
definition of a container, tank, tank
system, transport vehicle, or vessel, and
must be used for neutralizing wastes
that are hazardous only because of the
corrosivity characteristic.115
Considering that CESQGs will be
required to meet additional waste
management requirements under this
proposed rule for episodic generation,
the Agency seeks comment on whether
CESQGs taking advantage of this
provision should be allowed to treat
their episodic hazardous waste on site
in a manner equivalent to SQGs and
LQGs at § 262.34. In particular, the
Agency seeks comment on whether the
volume of hazardous waste generated
from an episodic event exceeds the
capacity and expertise of CESQGs,
which are accustomed to managing
smaller quantities of hazardous waste,
and whether the Agency should identify
a select list of allowable types of
115 RCRA Hotline Q & A, February 1996, RCRA
Online 13778.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
treatment that would not pose a risk to
human health and the environment.
b. Manifest use by CESQGs and
management at a RCRA-designated
facility. EPA is proposing to require
CESQGs to manifest the hazardous
waste generated from an episodic event
and send it to a RCRA-designated
facility. Under current regulations,
CESQGs are not required to manifest
their hazardous waste to a RCRAdesignated facility, but can ship them
without a manifest and to one of seven
types of facilities listed in § 261.5(f)(3).
Because the CESQG will be generating
quantities of hazardous waste that
exceed its normal generator category
thresholds, the Agency believes the use
of a hazardous waste manifest and the
shipment of the hazardous waste to a
RCRA-designated facility is necessary to
protect human health and the
environment. However, the condition to
manifest the hazardous waste and send
it off site to a RCRA-designated facility
would only apply to the hazardous
waste generated as a result of the
episodic event. The condition would
not apply, unless if for economic or
logistical reasons, the CESQG desired to
ship off site to a RCRA-designated
facility all hazardous waste generated
and accumulated either as a result of the
episodic event, independent of the
episodic event, or prior to the event.
c. Accumulation standards for SQGs.
Under the current regulations, SQGs
must comply with the waste
accumulation, waste management,
employee training, and emergency
preparedness and prevention conditions
at 40 CFR 262.34 (d)–(f) with references
to 40 CFR 265 subparts C, I, and J in
order to accumulate hazardous waste
without a RCRA storage permit or
compliance with interim status
standards. SQGs may not take advantage
of this proposed episodic generation
provision for wastes accumulated on
drip pads or in containment buildings
although EPA does seek comment on
allowing episodic event wastes to be
accumulated in these units prior to
sending the hazardous waste off-site for
treatment and disposal to a RCRA
designated facility. Under this proposed
rule, EPA is proposing to require an
SQG that generates episodic hazardous
waste that would cause the SQG to
exceed their generator category limits
for the calendar month to comply with
certain standards for containers and
tanks if it desires to take advantage of
the episodic generator provision.
When accumulating hazardous waste
generated as a result of an episodic
event in containers, the SQG would be
required to mark its containers with the
following: (1) The words ‘‘Episodic
PO 00000
Frm 00059
Fmt 4701
Sfmt 4702
57975
Hazardous Waste’’; (2) other words that
identify the contents of the containers—
examples may include, but are not
limited to the name of the chemical(s),
such as ‘‘acetone’’ or ‘‘methylene
dichloride,’’ or the type or class of
chemical, such as ‘‘organic solvents’’ or
‘‘halogenated organic solvents’’ or, as
applicable, the proper shipping name
and technical name markings used to
comply with DOT requirements at 49
CFR part 172 subpart D; and (3) an
indication of the hazards of the contents
of the container—examples of hazards
include, but are not limited to, the
applicable hazardous waste
characteristic(s) (i.e., ignitable,
corrosive, reactive, toxic). In the case of
hazardous wastes ultimately treated and
disposed of off-site, the generator could
use a hazard class label consistent with
the DOT requirements at 49 CFR part
172 subpart E (labeling), a label
consistent with the OSHA Hazard
Communication Standard at 29 CFR
1920.1200, a chemical hazard label
consistent with the NFPA code 704, or
a hazard pictogram consistent with the
United Nations’ GHS. Generators also
may use any other marking or labeling
commonly used nationwide in
commerce that would alert workers and
emergency responders to the nature of
the hazards associated with the contents
of the containers.
These standards are the same as those
for SQGs accumulating hazardous
wastes in containers in the course of
normal business operations and are
necessary to protect human health and
the environment. In addition to these,
the SQG would be required to mark the
date that the episodic event began
clearly on each container.
For tanks, the SQG would be required
to mark or label the tank containing
hazardous waste accumulated during
the event with the words ‘‘Episodic
Hazardous Waste’’ and would be
required to use inventory logs,
monitoring equipment, or other records
to identify the contents of the tank and
the associated hazards and to identify
the date that the episodic event began
and ended. The generator would need to
have records containing this
information immediately accessible.
In addition, the SQG would need to
comply with all the conditions of the
exemption in § 262.34 (d) through (f)
with references to 40 CFR 265 subparts
C, I, and J, part 268 land disposal
restrictions (§ 262.16 under the
proposed reorganization)—that is, the
waste accumulation, waste
management, employee training, and
emergency preparedness and prevention
conditions.
E:\FR\FM\25SEP2.SGM
25SEP2
57976
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
d. Manifest use by SQGs. As under the
current regulations, EPA is proposing
that SQGs manifest the hazardous waste
generated from an episodic event and
send it to a RCRA-designated facility,
unless the waste is managed on site. The
Agency believes the use of a hazardous
waste manifest and shipment of the
hazardous waste to a RCRA-designated
facility is necessary to protect human
health and the environment. However,
unlike CESQGs, the use of the
hazardous waste manifest would apply
not only to the wastes generated from
the episodic event, but all other
hazardous wastes the SQG generates
within its generator category.
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
5. Forty-five (45) Days or Less Would be
Allowed to Treat and Dispose of
Hazardous Wastes On Site (SQGs) or
Manifested and Shipped Off Site
(CESQGs or SQGs) to a RCRADesignated Facility
The Agency is proposing to allow
SQGs and CESQGs 45 calendar days to
initiate and complete an episodic event,
which includes generation,
accumulation and management (e.g.,
recycling, treatment and disposal—
either on site, such as waste
neutralization in a container, or off site
at a RCRA-designated facility) of all
hazardous waste resulting from the
episodic event. The Agency believes 45
days is sufficient time for a generator to
complete management of the hazardous
waste from the time that the generator
begins generating and accumulating the
hazardous waste. However, as discussed
below, a CESQG or SQG can petition the
Agency for additional time to complete
the generation and removal of the
hazardous waste during the episodic
event, if necessary.
6. Recordkeeping
Finally, generators would need to
keep the following information in their
records: (1) Beginning and end dates of
the episodic event; (2) a description of
the episodic event; (3) a description of
the types and quantities of hazardous
wastes generated during the episodic
event; (4) a description of how the
hazardous waste was managed as well
as the name of the RCRA designated
facility that received the hazardous
waste; (5) name(s) of hazardous waste
transporters, as appropriate; (6) an
approval letter from EPA, if the
generator successfully petitioned to
conduct an additional episodic event
during the calendar year; and (7) an
approval letter from EPA, if the
generator successfully petitioned for an
additional 30 calendar day extension.
These records would need to be
maintained on site by the generator for
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
three years from the completion date of
each episodic event.
EPA believes the recordkeeping
condition is critical to enable effective
and credible oversight. We also believe
that the information to be maintained is
the minimum information necessary to
determine that any hazardous waste
generated during the episodic event is
managed properly.
7. Petitions
a. Petition To Request one Additional
Episodic Event
While the Agency believes that most
generators will experience an episodic
event infrequently, we also recognize
that there may be situations, often
unexpected, where a hazardous waste
generator may have more than one
episodic event within a calendar year,
such as an unexpected product recall, a
major spill, or an act of nature.
Therefore, the Agency is proposing to
allow CESQGs and SQGs to petition
EPA (at least 30 days before initiating a
planned episodic event and within 24
hours after an unplanned event) for
permission to manage one additional
episodic event without impacting the
hazardous waste generator category. The
petition must include (1) the reason
why an additional episodic event is
needed and the nature of the episodic
event; (2) the estimated amount of
hazardous waste to be managed from the
event; (3) how the hazardous waste is to
be managed; (4) the estimated length of
time needed to complete management of
the hazardous waste generated from the
episodic event—not to exceed 45 days;
and (5) information regarding previous
episodic event(s) managed by the
generator and whether it complied with
the proposed conditions. EPA will then
evaluate this and other site-specific
information to determine whether a
generator should be allowed to initiate
a second episodic event under the
proposed alternative standards. The
petition by the generator may be made
via fax, email, or letter. The generator
may not manage hazardous waste for an
additional episodic event until written
approval by EPA (or the authorized
state) has been received. The generator
must retain written approval in its
records for three years from the date the
episodic event ended.
b. Petition To Request Additional Time
To Complete an Episodic Event
Events may arise, particularly
unplanned events, such as an ‘‘act of
nature,’’ where 45 days is insufficient to
complete the event. The Agency is
proposing to allow generators to petition
EPA for an additional 30 days to
PO 00000
Frm 00060
Fmt 4701
Sfmt 4702
complete the generation and removal of
hazardous waste, if needed. The petition
must include (1) the nature of the
episodic event; (2) the estimated amount
of hazardous waste to be managed from
the event; and (3) and the generator’s
rationale for needing an extension for an
additional 30 days beyond the 45-day
limit to complete the episodic event.
EPA will then evaluate the generator’s
request to determine whether it should
be allowed up to an additional 30 days
to complete the episodic event. For
example, a situation may exist where a
hazardous waste transporter cannot
arrive and remove hazardous waste
generated until the 46th day because of
unforeseen problems with its truck or
the generator did not foresee problems
with completing a tank cleanout
because cleanout equipment failed to
operate. These are all site-specific
situations that EPA or authorized state
would evaluate when making its
decision. The generator cannot go
beyond the 45-day limit unless written
approval by EPA has been received.
The generator would need to petition
EPA for approval at least 15 days before
the original end date of the episodic
event. The petition by the generator may
be made via fax, email, or letter. The
generator must retain written approval
in its records for three years from the
date the episodic event ended.
Should the generator request an
extension from the Agency or
authorized state with less than 15 days
remaining and be denied the extension,
then the generator would have to
remove all hazardous wastes generated
as a result of the episodic event as of the
specified end date in its notification or
be in violation of its exemption.
Unlike rulemaking petitions in part
260 subpart C of the hazardous waste
regulations, the Agency is not proposing
to have a notice and comment period for
granting an episodic event or an
extension. The Agency believes a
generator’s actions and performance
will dictate approval or disapproval of
a generator’s request. In addition, in
some cases a timely response to these
requests is critical, especially with
requests for extension. Taking notice
and comment would delay that
response.
8. Tracking and Accounting for
Hazardous Waste Generation and
Accumulation as a Result of an Episodic
Event Along With Normal Production
Operations
In practice, a generator taking
advantage of this rule, in particular a
CESQG or SQG, must track and monitor
the start and end dates of the episodic
event in conjunction with the date the
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
calendar month ends to ensure
compliance with all RCRA regulatory
provisions associated with waste
generation and management. An
example may be the best way of
explaining how this rule would work.
A CESQG could have a number of
facility operations (e.g., tank cleanouts,
disposal of off-spec products it cannot
sell or reclaim, repair work involving
the removal of lead paint chips) that
will often result in a temporary change
in its regulatory category. The CESQG
decides to notify its authorized state two
months prior (as well as identifying a
point of contact and emergency
coordinator) that it will initiate the
planned episodic event on July 20 and
take advantage of the full 45 days
allowed to conduct the event and end
on September 2. Beginning on July 20,
the generator must comply with all of
the regulatory standards of subpart L
discussed above to maintain its
exemption as a CESQG. Under this
example, if the generator complies with
subpart L, it need not be concerned
about the total amount of hazardous
waste it will generate in the calendar
months of July and August (e.g. 100 kg
or less) or whether it will exceed the
hazardous waste accumulation total of
less than 1,000 kilograms associated
with a CESQG.
However, on or before September 2,
the generator must remove and dispose
of all the hazardous wastes it generated
over the course of the last 45 days that
represented the episodic event.
Provided the generator meets that
deadline, that waste would not count
when determining the generator’s status.
In this example, the generator chooses
to also dispose of waste generated from
its normal operations by September 2. In
this case, it would then not count that
waste in determining its generator status
for July, August, and September. The
CESQG would then estimate the
quantity of hazardous waste it generates
and accumulates for the remainder of
September (starting on September 3
until the end of the month) to determine
its regulatory category.
If the generator decides to separate
out normal production operations from
episodic event operations, then the
waste from normal operations is
counted each month to determine the
generator’s status. For example, assume
the generator at the beginning of the
episodic event had accumulated 950 kg
of hazardous waste and proceeds to
accumulate another 75 kg over the
course of the 45-day episodic event that
is associated with normal operations.116
116 Note that it would not matter how much the
CESQG had generated during a calendar month in
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
On September 3, if the generator had not
disposed of that 1,025 kg of hazardous
waste along with all of the episodic
event hazardous wastes it generated and
accumulated, then it would have
violated the accumulation provision of
a CESQG at 40 CFR 261.5(g)(2) (e.g., less
than 1,000 kg) and would be in violation
of the conditions of the CESQG
exemption. A similar concern might
occur if the generator generated 101 kg
of hazardous wastes on September 1 and
2 from normal operations and did not
dispose of it by September 2 with the
waste from the episodic event. The
generator would not be in compliance
with the CESQG threshold for the
calendar month and would be required
to comply with the SQG conditions for
exemption or be in violation of the
exemption.
There are numerous variations on the
above example (e.g., request to extend
the length of time for the episodic event,
etc.) that a generator would have to be
aware of when it ended its episodic
event to avoid exceeding waste
generation totals for the calendar month
or waste accumulation limitation totals.
9. An Episodic Event Involving Two
Calendar Years
An episodic event may also involve
overlapping two calendar years. The
Agency is proposing that the generator
count all the waste from the episodic
event in the year with the most days
involved in the episodic event. In other
words, if the episodic event begins on
December 16 of year 1 and ends on
January 30 of year 2, the waste would
count in year 2.
C. Request for Comment
The Agency requests comment on its
proposed approach for addressing
hazardous waste generated during an
episodic event. Specifically, the Agency
requests comment on whether the
overall approach proposed would assist
generators and allow a CESQG or SQG
to maintain its generator category and
not be bumped up into a more stringent
generator category temporarily.
EPA also requests comment on the
number of episodic events that would
be allowed under these proposed
alternative regulations. As stated above,
we are proposing to allow CESQGs and
SQGs to take advantage of this
alternative regulatory framework for one
episodic event per calendar year, with
the ability to petition EPA for one
additional event per calendar year. EPA
which the episodic event begins because all of that
hazardous waste is now folded into the hazardous
waste generated as a result of the episodic event.
Otherwise, the rule would not work from a practical
viewpoint.
PO 00000
Frm 00061
Fmt 4701
Sfmt 4702
57977
is interested in ideas on how best to
structure this alternative framework in
terms of identifying a reasonable
number of episodic events allowed per
year and identifying an appropriate time
period allowed to conduct and manage
the hazardous waste from an episodic
event in a way that would be effective
while still ensuring protection of human
health and the environment.
Additionally, the Agency requests
comment regarding its proposed
conditions for CESQGs and SQGs
managing hazardous waste generated
from the episodic event, such as the
proposed 45-day limit to generate and
manage the waste and the ability for
CESQGs and SQGs to petition the
Agency for one additional episodic
event per calendar year or an additional
30 days to complete an episodic event.
The Agency also requests comment on
whether the proposed conditions for
CESQGs and SQGs are reasonable and
sufficient to protect human health and
the environment.
Finally, the Agency requests comment
on whether to allow a CESQG or SQG
to accumulate hazardous waste either
on a drip pad or in a containment
building in compliance with 40 CFR
part 265 subparts W and DD,
respectively, as a result of an episodic
event. As proposed, the Agency has
focused on hazardous wastes
accumulated in containers or tanks as a
result of an episodic event since almost
all CESQGs and SQGs accumulate waste
in containers with a small percentage
accumulated in tanks. However, there
may be circumstances that lend
themselves to a CESQG or SQG
accumulating hazardous wastes on a
drip pad or in a containment building.
Effect of the Proposed Reorganization:
This section is not affected by the
proposed reorganization.
X. Proposed Revisions to 40 CFR Part
263—Standards Applicable to
Transporters of Hazardous Waste
The current regulations at § 263.12 for
transporters handling hazardous waste
at a transfer facility for ten days or less
state that the transporter is not subject
to the storage regulations in 40 CFR
parts 264, 265, 267, 268 and 270. In
addition, the regulation stipulates that
containers that hold hazardous waste
must meet the provisions in § 262.30
that reference DOT’s packaging
regulations at 49 CFR parts 173, 178,
and 179.
The Agency is proposing to change
the marking and labeling requirements
for transporters handling hazardous
waste at transfer facilities, found at
§ 263.12, to be consistent with the
proposed changes for marking and
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
57978
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
labeling conditions for containers for
SQGs, for LQGs, and in SAAs.117 In
addition to these proposed changes,
EPA is also proposing to require that
containers of hazardous waste at
transfer facilities be labeled prior to
being transported off site to a RCRAdesignated facility with the applicable
EPA hazardous waste number(s) (EPA
hazardous waste codes), which will
help the TSDF receiving the hazardous
waste comply with the LDR regulations
in 40 CFR part 268. The Agency is
proposing these modifications to ensure
that hazardous wastes are appropriately
labeled and marked throughout
transportation to a RCRA-permitted or
interim status TSDF or to another
transfer facility.
Specifically, EPA is proposing that
transporters storing hazardous wastes in
containers at transfer facilities mark the
containers with the following: (1) The
words ‘‘Hazardous Waste’’; (2) the
applicable EPA hazardous waste
number(s) (EPA hazardous waste codes)
in subparts C and D of part 261; (3)
other words that identify the contents of
the containers—examples may include,
but are not limited to the name of the
chemical(s), such as ‘‘acetone’’ or
‘‘methylene dichloride’’; or the type or
class of chemical, such as ‘‘organic
solvents’’ or ‘‘halogenated organic
solvents’’ or, as applicable, the proper
shipping name and technical name
markings used to comply with DOT
requirements at 49 CFR part 172 subpart
D; and (4) an indication of the hazards
of the contents of the container—
examples of which include, but are not
limited to, the applicable hazardous
waste characteristic(s) (i.e., ignitable,
corrosive, reactive, toxic); a hazard class
label consistent with the DOT
requirements at 49 CFR part 172 subpart
E (labeling); a label consistent with the
OSHA Hazard Communication Standard
at 29 CFR 1920.1200; a chemical hazard
label consistent with the NFPA code
704; or a hazard pictogram consistent
with the United Nations’ GHS. Transfer
facilities also may use any other
marking and labeling commonly used
nationwide in commerce that would
alert workers and emergency responders
to the nature of the hazards associated
with the contents of the containers.
A transfer facility may choose to use
an appropriate DOT proper shipping
name found in the 49 CFR 172.101
hazardous materials table to identify the
contents of the container. That way, the
117 EPA is proposing to move these provisions as
a part of the reorganization of the generator
regulations. They can be found in the proposed
regulatory text at the following citations: SAAs—
§ 262.15(a)(1)(iv); SQGs—§ 262.16(b)(6)(i); and
LQGs—§ 262.17(a)(5).
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
transfer facility will fulfill EPA and
DOT requirements simultaneously;
however, EPA is not proposing to
require the use of the DOT shipping
names while the hazardous waste is
accumulating on-site. We only suggest
that the DOT shipping name may be one
way that some generators may choose to
identify the contents of the container.
As previously discussed, the Agency
believes providing this information on
the container will alert workers and
other handlers to the contents of the
container and the potential hazards of
the materials therein. This information
increases the awareness of workers and
others who might come into contact
with the hazardous waste in the
containers and reduces potential
adverse impacts from container
mismanagement. The Agency does not
believe this proposed change will
adversely impact transfer facility
operations since similar marking and
labeling standards are proposed for
hazardous waste generators. One
difference, however, is the inclusion of
the EPA hazardous waste number in the
list of labeling requirements. Although
generators are not required to have the
EPA hazardous waste number on the
hazardous waste while accumulating it,
we are proposing in this rulemaking that
generators must include the EPA
hazardous waste number on the label
before transporting the hazardous waste
off site, so when a container arrives at
the transfer facility it should already
have the EPA hazardous waste number
on its label.
Given that containers received by the
transfer facility will already be marked
and labeled by the generator, the
Agency believes the additional burden
on the transfer facility will be minimal.
However, there may be situations where
the transporter would be required to
mark and label a container. One
example of when a transfer facility
would be required to mark and label its
containers would be when it
consolidates two containers with the
same hazardous waste into a new
container or when it is able to combine
and consolidate two different hazardous
wastes that are compatible with each
other and are able to be subsequently
managed consistently in compliance
with the applicable regulations in parts
264, 265, 267, 268 and 270 of this
chapter.
The Agency requests comment on this
proposed change, particularly the
identification of any unintended
problems from this requirement.
Effect of the Proposed Reorganization:
This section is not affected by the
proposed reorganization.
PO 00000
Frm 00062
Fmt 4701
Sfmt 4702
XI. Proposed Revisions to 40 CFR Parts
264 and 265—Standards for Owners
and Operators of Hazardous Waste
Treatment, Storage, and Disposal
Facilities and Interim Status Standards
for Owners and Operators of
Hazardous Waste Treatment, Storage,
and Disposal Facilities
The Agency is proposing to modify
the biennial report requirements for
facilities subject to 40 CFR 264.75 and
40 CFR 265.75 and the special
requirements for ignitable and reactive
wastes at 40 CFR 265.176.
A. Proposed Changes to Biennial
Reporting Requirements (40 CFR 264.75
and 40 CFR 265.75)
EPA is proposing to modify the
regulations at §§ 264.75 and 265.75 to
eliminate the list of specific data
elements and to require the completion
and submission of all data elements in
the biennial report form (EPA form
8700–13).
Section 264.75 currently requires that
the biennial report include a specific list
of data elements, including the name,
address, and EPA ID number of the
generator and each transporter and
TSDF, the EPA hazardous waste number
for each hazardous waste shipped off
site, and a signed certification, among
other things.
Section 265.75 includes the above
data elements as well as requiring
monitoring data under § 265.94(a)(2)(ii)
and (iii), and (b)(2), where required.
Similar to the approach EPA is
proposing for the biennial reporting
requirements for LQGs in § 262.41, EPA
believes removing the specific data
elements in the regulations and
replacing it with a requirement to
complete and submit all the data
elements required in the biennial report
form will ensure that the regulations
and forms remain consistent. For
example, the existing regulations
require closure cost information and, at
§ 265.75(f), groundwater monitoring
data under § 265.94(a)(2)(ii) and (iii),
and (b)(2) to be submitted as part of the
biennial report; however, these data
elements are not collected on EPA’s
current biennial reporting form 8700–
13.118 Thus, EPA believes removing this
118 Closure cost estimates must be submitted in
accordance with § 264.142 or 265.142 which
requires owners or operators using the financial test
or corporate guarantee to update closure costs for
inflation within 30 days after the close of the firm’s
fiscal year and before submission of updated
information to the Regional Administrator under
§ 264.143(f)(3) or 265.143(e)(3), respectively.
Additionally, disposal facilities must submit the
most recent post-closure cost estimate under
§ 264.144 or 265.144, which requires owners or
operators using the financial test or corporate
guarantee to update for inflation within 30 days
E:\FR\FM\25SEP2.SGM
25SEP2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
list from the regulations will help
TSDFs understand what EPA currently
requires to be submitted as part of the
biennial report. This approach
eliminates the need to update the list of
specific required data elements through
rulemaking and reduces duplication
with review and approval processes
established under the PRA.
EPA does not believe this change in
any way affects the enforceability of the
biennial report regulations. Owners and
operators must complete and submit
EPA form 8700–13.
EPA also notes that some states
develop their own state biennial report
forms. EPA does not believe this
proposed change would impact a state’s
ability to use their own biennial report
forms or to collect more information
than is required by the federal forms.
Authorized states that use a different
form for collecting biennial report
information would simply refer to their
authorized state form in their state
regulations. Additionally, EPA is aware
that some states use their state biennial
report form as a vehicle for collecting
closure cost data, required to be
submitted under § 264.142, and
groundwater monitoring data, required
to be submitted under § 264.97(j).
Because the existing federal regulations
already specify collection of this
information, EPA would not consider
states that continue collecting this data
using their state authorized biennial
report form to be more stringent than
the federal program.
Additionally, as discussed in section
VIII.L of this preamble, EPA is
proposing to modify the phrase
‘‘prepare and submit,’’ which is the
existing language in §§ 264.75 and
265.75, to ‘‘complete and submit’’
because the Agency believes that
‘‘complete and submit’’ more accurately
reflects that facilities must complete all
applicable elements of the biennial
report forms.
The Agency requests comment on
these proposed changes to §§ 264.75 and
265.75. EPA also specifically requests
whether commenters believe the
proposed change to eliminate the
specific data elements in these
regulations will ease compliance and
understanding of the current biennial
reporting procedures.
after the close of the firm’s fiscal year and before
the submission of updated information to the
Regional Administrator. Groundwater monitoring
data must be submitted in accordance with
§ 265.94(b)(2), which requires the owner or operator
to submit annually, until final closure of the
facility, to the Regional Administrator a report
containing the results of the groundwater quality
assessment program no later than March 1
following each calendar year.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
Effect of the Proposed Reorganization:
This section is not affected by the
proposed reorganization.
B. Special Requirements for Ignitable
and Reactive Wastes
Sections 262.34(a)(1)(i) and
262.34(d)(2) contain conditions for
exemptions for LQGs and SQGs that
accumulate hazardous waste on site for
up to 90 or 180 days without a permit.
These regulations both reference part
265 subpart I, which contains
regulations for owners and operators of
interim status hazardous waste facilities
that store hazardous waste in
containers.
The LQG conditions in
§ 262.34(a)(1)(i) reference § 265.176.
Section 265.176 states that containers
holding ignitable or reactive waste must
be located at least 15 meters (50 feet)
from the facility’s property line. SQGs
are not required to comply with this
provision.
In some cases, to comply with this
standard for ignitable and reactive
wastes, LQGs may modify their
production feedstocks or production
processes to generate a waste that is not
an ignitable or reactive hazardous waste
or reexamine the site’s layout to identify
alternative accumulation areas.
However, there are some cases where it
may not be physically possible to meet
this standard, particularly if the width
of the site is 100 feet or less or when the
generator’s operations have expanded
such that it no longer has the ability to
accumulate ignitable or reactive waste at
least 15 meters (50 feet) from the site’s
property line. Insurance companies and
local fire departments often assist
hazardous waste generators in
minimizing their environmental hazards
and liabilities, but site dimensions may
sometimes physically prevent a facility
from complying with this condition.
Therefore, the Agency is proposing to
modify the regulatory text for generators
to allow LQGs to apply for a sitespecific waiver from their local fire
department if they are unable to meet
the hazardous waste accumulation
property line condition.119 The
proposed change would require LQGs to
obtain a waiver from this provision, in
writing, from local fire departments.
LQGs would then be required to keep
the written waiver in their records. In
addition, as part of the reorganization of
the generator regulations, discussed in
section XIII of the preamble, we are also
119 The Agency is not proposing to modify
§ 265.176 to allow interim status facilities to apply
for a site-specific waiver from their local fire
department if they are unable to meet the hazardous
waste accumulation property line condition.
PO 00000
Frm 00063
Fmt 4701
Sfmt 4702
57979
including this provision directly in the
LQG accumulation regulations.
Because it is the local fire department
that has the expertise to address this
problem when it arises, EPA is relying
on those local fire departments to work
with the generators on any waivers that
may be requested and on finding the
most appropriate place on site to
accumulate this hazardous waste.
Section 265.176 contains a comment
that references § 265.17(a) and states
that there are additional requirements in
that section, which also contains
provisions for ignitable, reactive, and
incompatible wastes. The Agency is also
proposing to incorporate the language
from existing § 265.17(a) into
§ 262.17(a)(1)(vi)(B) of the generator
regulations. EPA is proposing to replace
the words ‘‘owner and operator’’ with
‘‘large quantity generator’’ as part of this
revision. By eliminating the crossreferences, generators should be able to
more easily discern what provisions are
applicable and therefore should be
better able to properly manage any
ignitable or reactive hazardous waste.
The Agency seeks comment on the
proposed addition of this language to
the generator conditions for exemption,
as well as the change to allow LQGs to
seek a waiver from the provision that
containers holding hazardous waste
must be located at least 15 meters (50
feet) from the property line.
Specifically, EPA requests comment on
whether this waiver option provides a
sufficient level of protection for the
facility and the surrounding community
and whether generators would benefit
from the increased flexibility.
Additionally, EPA requests comment on
whether it is appropriate to delegate the
responsibility for issuing waivers in this
case to the fire department and whether
EPA should promulgate criteria that
must be met as a condition of the waiver
as part of this provision. For example,
conditions may include a limit on the
amount of ignitable or reactive
hazardous waste that could be
accumulated at any time or a
requirement that the facility have
certain technical controls, such as fire
suppression devices or walls that meet
a certain fire-resistance rating.
Furthermore, EPA requests comment on
whether the insertion of the language
from § 265.17(a) in this section is
helpful.
Finally, EPA requests comment on
whether including a waiver to the
provision for ignitable and reactive
wastes would also be appropriate for
interim status facilities or for permitted
facilities in §§ 264.176 and 265.176.
Effect of the Proposed Reorganization:
This section is affected by the proposed
E:\FR\FM\25SEP2.SGM
25SEP2
57980
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
reorganization. The revised language
would appear directly in
§ 262.17(a)(1)(vi) as a condition for
exemption for LQGs, rather than being
located in 40 CFR part 265 subpart I and
referenced from the generator
regulations. The reorganization is
discussed in section XIII of this
preamble.
XII. Proposed Revisions to 40 CFR Part
268—Land Disposal Restrictions
The Agency is proposing to change
the regulations on marking and labeling
of containers by the owner/operator of
a hazardous waste TSDF in § 268.50 to
be consistent with the proposed
marking and labeling changes for LQGs,
for SQGs, for SAAs, and for transfer
facilities.120 EPA is also proposing to
require that containers be labeled with
the applicable EPA hazardous waste
number(s) (EPA hazardous waste codes),
which help the TSDF comply with the
LDR regulations. More specifically, the
Agency is proposing to modify
§ 268.50(a)(2)(i), which states that one of
the requirements for storing hazardous
wastes restricted from land disposal is
that each container is clearly marked to
identify its contents and the date each
period of accumulation begins.
Consistent with the other proposed
changes that clarify the contents and
hazards posed by the contents of
hazardous waste in containers, the
Agency is proposing to modify this
language to state that each container
must be clearly marked with (1) the
words ‘‘Hazardous Waste’’; (2) the
applicable EPA hazardous waste
number(s) (EPA hazardous waste codes)
in subparts C and D of part 261; (3)
other words that identify the contents of
the containers—examples may include,
but are not limited to the name of the
chemical(s), such as, ‘‘acetone’’ or
‘‘methylene dichloride’’; or the type or
class of chemical, such as ‘‘organic
solvents’’ or ‘‘halogenated organic
solvents’’ or, as applicable, the proper
shipping name and technical name
markings used to comply with DOT
requirements at 49 CFR part 172 subpart
D; (4) an indication of the hazards of the
contents of the container (examples
include, but are not limited to, the
applicable hazardous waste
characteristic(s) (i.e., ignitable,
corrosive, reactive, toxic); a hazard class
label consistent with the Department of
Transportation requirements at 49 CFR
part 172 subpart E (labeling); a label
120 EPA is proposing to move some of these
provisions as a part of the reorganization of the
generator regulations. They can be found in the
proposed regulatory text at the following citations:
SAAs—§ 262.15(a)(1)(iv); SQGs—§ 262.16(b)(6)(i);
and LQGs—§ 262.17(a)(5)(i).
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
consistent with the Occupational Safety
and Health Administration Hazard
Communication Standard at 29 CFR
1920.1200; a chemical hazard label
consistent with the National Fire
Protection Association code 704; or a
hazard pictogram consistent with the
United Nations’ Globally Harmonized
System); or any other marking or
labeling commonly used nationwide in
commerce that would alert workers and
emergency responders to the nature of
the hazards associated with the contents
of the containers. The Agency will
continue to require each container to be
clearly marked with the date each
period of accumulation begins.
The Agency believes this proposed
change will not adversely impact
facility operations. In fact, because these
are consistent with the requirements for
marking and labeling that are proposed
elsewhere in the regulations, we believe
it will be easier for all those who
manage the hazardous waste to know
and comply with the consistent system
of marking and labeling. In addition, a
clear description of what material is in
each container makes the facility safer
for employees, first responders, and the
public. The Agency requests comment
on this proposed change.
Effect of the Proposed Reorganization:
This section is not affected by the
proposed reorganization.
XIII. Proposed Reorganization of
Hazardous Waste Generator
Regulations
EPA is proposing to reorganize the
hazardous waste generator regulations
to make them more user-friendly, which
should facilitate better generator
compliance. As part of the Agency’s
2004 Program Evaluation of the
hazardous waste generator program, the
most frequent comment by stakeholders
was to improve the user-friendliness of
the regulations.
Although many existing generators
are familiar with the current regulations,
every year many generators either enter
the hazardous waste generator program
or switch their generator category and
therefore need to become familiar with
their obligations. Similarly, an existing
generator may need to examine a
particular regulatory citation to ensure it
is complying with the regulations
correctly. The Agency believes that
providing these generators with a userfriendly regulatory framework is an
effective way to make the regulations
easier to understand for those who need
to comply with them.
Therefore, in response to these
concerns, EPA is proposing the
following organizational changes:
PO 00000
Frm 00064
Fmt 4701
Sfmt 4702
(1) Integrate the generator regulations
in § 261.5 into the generator regulations
at part 262 by moving § 261.5 (which
contains the regulations applicable to
CESQGs, counting of hazardous waste,
and mixing of hazardous wastes with
non-hazardous wastes);
(2) Move the existing regulations at
§ 262.34 for SQGs and LQGs into three
new sections:
(a) Satellite accumulation areas
regulations for small and large quantity
generators,
(b) Conditions for exemption for an
SQG that accumulates hazardous waste;
and
(c) Conditions for exemption for an
LQG that accumulates hazardous waste;
(3) Use subtitles in these new
sections; and
(4) Where reasonable, incorporate
regulations that currently cross
reference part 265 into these new
sections.
A. Moving and Integrating Regulations
from 40 CFR 261.5 into 40 CFR Part 262
Currently, certain hazardous waste
generator regulations are located in a
different part of the regulations (40 CFR
261.5) from the rest of the generator
regulations (40 CFR part 262).
Stakeholders have stated that this
current organization is confusing and
not user friendly and have asked EPA to
move the CESQG regulations in § 261.5
into part 262 so that all the generator
regulations are in the same place. The
Agency believes this reorganization
would alleviate much confusion in the
regulated community and, in the
process, would foster greater
compliance with the regulations.
Specifically, EPA is proposing to
move the definition of a CESQG that
generates non-acute hazardous waste at
§ 261.5(a) into the CESQG definition at
§ 260.10, move § 261.5(c) through (e) to
a new section at § 262.13 titled
‘‘Generator category determination’’ and
move § 261.5(b) and (f) through (j) to a
new section at § 262.14 titled
‘‘Conditions for exemption for a very
small quantity generator.’’ 121
1. Hazardous Waste Generation
Quantity Limits for CESQGs (40 CFR
261.5(a) and (e))
Currently § 261.5(a) sets forth the nonacute hazardous waste quantity limits
for a CESQG and § 261.5(e) provides
quantity limits for generating acute
hazardous waste and any residue or
contaminated soil, waste, or other debris
resulting from the cleanup of a spill of
121 EPA is proposing to rename CESQGs to
VSQGs (very small quantity generators). For a
detailed discussion on this proposed change see
section VI.B of this preamble.
E:\FR\FM\25SEP2.SGM
25SEP2
57981
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
acute hazardous waste. As mentioned
previously, EPA is now proposing to
define each category of generator at
§ 260.10, and, thus, under the
reorganization, § 261.5(a) and (e) will be
incorporated into those definitions.
2. Determining Generator Category (40
CFR 261.5(c) and (d))
Section 261.5(c) and (d) set forth the
provisions for a hazardous waste
generator to use in making its generator
category determination. Every
hazardous waste generator must
determine its generator category so it
knows what regulations are applicable
to it. Since these regulations are
applicable to all hazardous waste
generators, it makes sense to move them
into 40 CFR part 262 along with the
other hazardous waste generator
regulations. To further aid in making the
regulations more user friendly, the
Agency is proposing to make a new
section for generator category
determination at § 262.13, titled
‘‘Generator category determination.’’
This new section is appropriate because,
after a generator of a solid waste
determines it has generated a hazardous
waste (§ 262.11), the generator must
then determine its hazardous waste
generator category for the calendar
month. Table 3—Crosswalk of Existing
Citations to Proposed Citations for
Determining Generator Category
provides a summary of the crosswalk
between the existing and proposed
regulatory citations for determining a
generator’s category.
TABLE 3—CROSSWALK OF EXISTING CITATIONS TO PROPOSED CITATIONS FOR DETERMINING GENERATOR CATEGORY
Regulation
Existing citation
Proposed citation
Comment
Current definition of SQG
in § 260.10 is outdated.
Current usage of generator categories is based
on §§ 261.5 and 262.34.
Definitions of Generator Categories ................................
§§ 260.10, 261.5 and
262.34.
§ 260.10 .............................
Hazardous Waste Limits for CESQGs ............................
Purpose, Scope, and Applicability ...................................
§ 261.5(a) and (e) ..............
§ 262.10 .............................
§ 260.10 .............................
§ 262.10 .............................
Hazardous Waste Determination and Recordkeeping ....
§§ 262.11 and 262.40(c) ...
§ 262.11 .............................
Generator Category Determination .................................
§ 261.5(c)–(e) ....................
§ 262.13 .............................
3. CESQG Conditions for Exemption (40
CFR 261.5(b) and (f) through (j))
Sections 261.5(b) and (f) through (j)
establish a CESQG’s conditions for
exemption from regulation as an SQG or
LQG. More specifically, these
conditions for exemption establish the
regulations for accumulating acute and
non-acute hazardous waste, where the
acute and non-acute hazardous waste
may be managed off-site, and what the
implications are when hazardous waste
is mixed with solid waste or used oil.
Since these regulations set forth
conditions for exemption for CESQGs,
just as the regulations found in existing
§ 262.34 set forth conditions for
exemption for SQGs and LQGs, EPA is
proposing to move § 261.5(b) and (f)
through (j) to the newly created § 262.14
titled, ‘‘Conditions for exemption for a
very small quantity generator.’’ All these
regulations would then be located
parallel to one another in part 262.
Section 262.14 would also include the
Not moved, but expanded
significantly.
Content in § 262.11 is expanded and § 262.40(c)
is incorporated.
CESQG landfill ban for liquids. In
addition, CESQGs who episodically
generate higher amounts of hazardous
waste could follow the newly proposed
standards for episodic generation in part
262 subpart L in order to maintain their
CESQG status while managing these
higher amounts of hazardous waste.
Table 4—Crosswalk of Existing Citations
to Proposed Citations for CESQGs
provides a crosswalk between the
existing and proposed CESQG
conditions for exemption.
TABLE 4—CROSSWALK OF EXISTING CITATIONS TO PROPOSED CITATIONS FOR CESQGS
Existing citation
Proposed citation
CESQG Definition ............................................................
Conditions for Exemption for a Very Small Quantity
Generator.
CESQG Consolidation by LQGs Within the Same Company.
Landfill Ban for Liquids ....................................................
Episodic Generation ........................................................
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
Regulation
§ 261.5(a) ...........................
§ 261.5(b) and (f) through
(j).
N/A .....................................
§ 260.10 .............................
§ 262.14 .............................
§ 262.14(a)(3)(viii) ..............
Proposed new provision.
§ 258.28 .............................
N/A .....................................
§ 262.14(d) .........................
Part 262 subpart L ............
Proposed new provision.
B. SQG and LQG Conditions for
Exemption (40 CFR 262.34)
SQGs and LQGs may accumulate their
hazardous waste on site without a
permit or without having interim status
provided they follow all of the
conditions for exemption established in
§ 262.34. Section 262.34 can be difficult
to navigate because the SQG and LQG
conditions for exemption are
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
intertwined and there are many
references to sections in 40 CFR part
265. Therefore the Agency is proposing
to break § 262.34 into three new sections
at §§ 262.15, 262.16 and 262.17. Section
262.15 would establish the conditions
for exemption for SQGs and LQGs who
wish to operate an SAA, § 262.16 would
establish conditions for exemption for
PO 00000
Frm 00065
Fmt 4701
Sfmt 4702
Comment
SQGs, and § 262.17 would establish the
conditions for exemption for LQGs.
1. Satellite Accumulation Area
Conditions for Exemption for SQGs and
LQGs (40 CFR 262.15)
Many generators use an SAA at their
sites. These areas allow generators to
accumulate hazardous waste near the
point of generation, which provides for
E:\FR\FM\25SEP2.SGM
25SEP2
57982
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
efficiencies and greater safety in the
handling of hazardous waste. When the
generator has accumulated 55 gallons of
hazardous waste (or one quart of acutely
hazardous waste) in the SAA, the
generator must then move the hazardous
waste to the 90- or 180-day central
accumulation area within three days.
Currently the conditions for exemption
for operating an SAA are located at
§ 262.34(c). The location of this
provision in the regulations creates
confusion as to whether it applies to
LQGs only or both SQGs and LQGs
because it is located between the
hazardous waste accumulation
conditions for LQGs and those for SQGs.
Therefore, the Agency is proposing to
move 40 CFR 262.34(c) into its own
section at § 262.15 titled, ‘‘Satellite
accumulation area regulations for small
and large quantity generators.’’
Additionally, the Agency is proposing
to duplicate §§ 265.171, 265.172 and
265.173(a) (which are currently
referenced from § 262.34(c)(1)(i)) into
§ 262.15 in order to eliminate crossreferencing and improve the user
friendliness of the regulations. Table 5—
Crosswalk of Existing Citations to
Proposed Citations for SAAs provides a
summary of the crosswalk between
existing and proposed regulations for
SAAs.
TABLE 5—CROSSWALK OF EXISTING CITATIONS TO PROPOSED CITATIONS FOR SAAS
Regulation
Satellite Accumulation Area Provisions
Selected Part 265 Subpart I Provisions
Selected Part 265 Subpart I Provisions
Selected Part 265 Subpart I Provisions
Existing citation
..................................................
..................................................
..................................................
..................................................
2. Conditions for Exemption for an SQG
Accumulating Hazardous Waste
(§ 262.16)
As previously mentioned, the Agency
is proposing to create 40 CFR 262.16
titled, ‘‘Conditions for exemption for a
small quantity generator that
accumulates hazardous waste.’’ This
reorganization would move § 262.34(d)
through (f) and (m) into § 262.16.
Specifically, the Agency proposes to
move the bulk of § 262.34(d) to
§ 262.16(b),122 move § 262.34(e) to
§ 262.16(d), move § 262.34(f) to
§ 262.16(e) and move § 262.34(m) to
§ 262.16(f). Paragraph (c) of § 262.16,
which covers the mixing of hazardous
waste, is a new paragraph that EPA is
proposing to add in this rulemaking.123
EPA is also proposing to add subtitles
and eliminate several cross-references to
40 CFR part 265 in order to make the
regulations easier to navigate.
a. Addition of subtitles. EPA is
proposing to add subtitles to § 262.16 to
Proposed citation
§ 262.34(c) .....................................
§ 265.171 .......................................
§ 265.172 .......................................
§ 265.173(a) ...................................
highlight to the reader the topic of each
section or paragraph. Every subtitle is
italicized after the regulatory citation.
For example § 262.16(b)(2) addresses
‘‘Accumulation in Containers.’’
b. Incorporating 40 CFR part 265
subpart I, § 265.201, and part 265
subpart C into 40 CFR 262.16. EPA is
proposing to integrate three sections of
40 CFR part 265—subpart I, § 265.201
and subpart C—into § 262.16. First, at
§ 262.34(d)(2), the regulations state an
SQG must comply with subpart I of part
265 except for §§ 265.176 and 265.178.
Therefore, EPA is proposing to
incorporate the text of the appropriate
subpart I regulations at § 262.16(b)(2).
Second, at § 262.34(d)(3) the regulation
states that an SQG must comply with
§ 265.201 in subpart J when using a
tank. Thus, EPA is proposing to
incorporate the text of all of § 265.201
except for paragraph (a) at
§ 262.16(b)(3). Paragraph (a) of § 265.201
is not necessary because it describes
what is already stated in § 262.16—the
§ 262.15.
§ 262.15(a)(1)(i).
§ 262.15(a)(1)(ii).
§ 262.15(a)(1)(iii).
requirements for an SQG accumulating
hazardous waste in a tank for less than
180 days and accumulating no more
than 6,000 kg on site at any time. Third
§ 262.34(d)(4) states an SQG must
comply with subpart C of part 265.
Therefore, EPA is proposing to
incorporate the text of subpart C—
Preparedness and Prevention—at
§ 262.16(b)(8).
c. Other part 262 provisions for SQGs.
In addition, part 262 subpart L would
contain the newly proposed standards
for SQGs who episodically generate
higher amounts of hazardous waste to
maintain their designation as SQGs
during these episodic events. Also,
§ 262.35 would include the landfill ban
for liquids that applies to SQGs and
LQGs.
Table 6—Crosswalk of Existing
Citations to Proposed Citations for SQGs
provides a summary of changes between
the existing and proposed citations for
SQGs.
TABLE 6—CROSSWALK OF EXISTING CITATIONS TO PROPOSED CITATIONS FOR SQGS
Regulation
Existing citation
Proposed citation
Definition of Small Quantity Generator ...........................
Accumulation Time Limit .................................................
Accumulation Limit ..........................................................
Accumulation in Containers .............................................
§ 262.34(d) .........................
§ 262.34(d) .........................
§ 262.34(d)(1) and (f) ........
§ 262.34(d)(2) references
part 265 subpart I.
§ 262.34(d)(3) references
part 265 subpart J.
§ 262.34(d)(4) references
§ 262.34(a)(2) and (3).
§ 262.34(d)(4) references
part 265 subpart C and
§ 262.34(d)(5).
§ 262.34(d)(4) references
part 268.
§ 260.10 .............................
§ 262.16(b) .........................
§ 262.16(a) and (e) ............
§ 262.16(b)(2) ....................
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
Accumulation in Tanks ....................................................
Marking of Tanks and Containers ...................................
Preparedness and Prevention .........................................
Land Disposal Restrictions ..............................................
122 The portions of § 262.34(d) that state what the
generation limits are for this category of generator
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
§ 262.16(b)(3) ....................
§ 262.16(b)(6) ....................
§ 262.16(b)(8) and (9) .......
§ 262.16(b)(7) ....................
would be moved to the definition of ‘‘small quantity
generator’’ in § 262.10.
PO 00000
Frm 00066
Fmt 4701
Sfmt 4702
Comment
123 For a detailed discussion of this proposed
addition please see section VII.B of this preamble.
E:\FR\FM\25SEP2.SGM
25SEP2
57983
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
TABLE 6—CROSSWALK OF EXISTING CITATIONS TO PROPOSED CITATIONS FOR SQGS—Continued
Regulation
Existing citation
Proposed citation
Transporting Over 200 Miles ...........................................
Accumulation Time Limit Extension ................................
Episodic Generation ........................................................
Landfill Ban for Liquids ....................................................
§ 262.34(e) .........................
§ 262.34(f) ..........................
N/A .....................................
§ 258.28 .............................
§ 262.16(d) .........................
§ 262.16(e) .........................
Part 262 subpart L ............
§ 262.35 .............................
3. Conditions for Exemption for an LQG
Accumulating Hazardous Waste (40 CFR
262.17)
As previously mentioned the Agency
is proposing to create 40 CFR 262.17
titled, ‘‘Conditions for exemption for a
large quantity generator that
accumulates hazardous waste.’’ The
Agency is proposing to move
§ 262.34(a), (b), (g) through (i) and (m)
into § 262.17. Specifically, the Agency is
proposing to move § 262.34(a) to
§ 262.17(a), move § 262.34(b) to
§ 262.17(b), move § 262.34(g) to
§ 262.17(c), move § 262.34(h) to
§ 262.17(d), move § 262.34(i) to
§ 262.17(e), and move § 262.34(m) to
§ 262.16(g). EPA is additionally
proposing to delete paragraphs (j)
through (l), which deal with
Performance Track, since the program is
no longer in operation.124 Paragraph (f)
of § 262.17, which deals with the mixing
of hazardous waste, is a new paragraph
being proposed in this rulemaking.125
EPA is also proposing to add subtitles
and eliminate some cross-references to
part 265 in order to make the
regulations easier to navigate.
a. Addition of subtitles. EPA is
proposing to add subtitles to § 262.17 to
highlight to the reader the central
concept addressed by each section or
paragraph. Every subtitle is italicized
after the regulatory citation. For
example § 262.17(a)(1) addresses
‘‘accumulation in containers.’’
b. Incorporating 40 CFR part 265
subpart I into 40 CFR 262.17. EPA is
proposing to incorporate the 40 CFR
part 265 subpart I regulations, which are
currently referenced at § 262.34(a)(1)(i),
into the proposed § 262.17(a)(1). EPA
also considered incorporating the text of
other subparts of part 265 that contain
technical standards for LQGs and that
are currently referenced in § 262.34 into
the new section § 262.17 (i.e., part 265
subparts J, W, AA, BB, and CC), but
ultimately decided not to incorporate
these due to the length of these
subparts.
Section 262.35 would also include the
landfill ban for liquids that applies to
SQGs and LQGs. EPA requests comment
on the proposed changes.
c. Emergency planning and
procedures regulations for LQGs in part
Comment
Proposed new provision.
265 subpart M. EPA is proposing to
remove the reference to part 265
subparts C and D for the preparedness,
prevention, and emergency procedure
regulations for LQGs and instead
incorporate those regulations in part 262
with the other generator regulations.
However, due to the length of these
subparts, rather than copying the text of
these subparts to § 262.17, EPA is
proposing to copy these into a new
subpart M in part 262. EPA believes that
including these provisions in part 262,
along with the rest of the generator
regulations, will make the regulations
easier to navigate. EPA requests
comment on this proposed change.
d. Other part 262 provisions for LQGs.
In addition, § 262.17(g) would contain
the newly proposed standards for LQGs
who accept and consolidate hazardous
waste from CESQGs. Also, § 262.35
would include the landfill ban for
liquids that applies to SQGs and LQGs.
Table 7—Crosswalk of Existing
Citations to Proposed Citations for LQGs
provides a summary of changes between
the existing and proposed citations for
LQGs.
TABLE 7—CROSSWALK OF EXISTING CITATIONS TO PROPOSED CITATIONS FOR LQGS
Existing citation
Proposed citation
Definition of Large Quantity Generator ...........................
Accumulation Time Limit .................................................
Accumulation in Containers .............................................
N/A .....................................
§ 262.34(a) .........................
§ 262.34(a)(1)(i) references
part 265 subparts I, AA,
BB, and CC.
§ 260.10 .............................
§ 262.17(a) .........................
§ 262.17(a)(1) ....................
(§ 262.17(a)(1) also references part 265 subparts AA, BB, CC).
Accumulation in Tanks ....................................................
§ 262.34(a)(1)(ii) references part 265 subparts J, AA, BB, and CC.
§ 262.17(a)(2) references
part 265 subparts J, AA,
BB, CC.
Accumulation on Drip Pads .............................................
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
Regulation
§ 262.34(a)(1)(iii) ...............
(§ 262.34(a)(1)(iii) also references part 265 subpart
W).
§ 262.17(a)(3) ....................
(§ 262.17(a)(3) also references part 265 subpart
W).
Accumulation in Containment Buildings ..........................
§ 262.34(a)(1)(iv) ...............
(§ 262.34(a)(1)(iv) also references part 265 subpart
DD).
§ 262.17(a)(4) ....................
(§ 262.17(a)(4) also references part 265 subpart
DD).
Marking and Labeling ......................................................
§ 262.34(a)(2) and (3) .......
§ 262.17(a)(5) ....................
124 For a detailed discussion of this proposed
deletion please see section VIII.K of this preamble.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
125 For a detailed discussion of this proposed
addition please see section VII.A.2 of this preamble.
PO 00000
Frm 00067
Fmt 4701
Sfmt 4702
E:\FR\FM\25SEP2.SGM
25SEP2
Comment
There is still a cross-reference to part 265 subparts AA, BB, and CC
because of the length of
these regulations.
There is still a reference to
part 265 because of the
length of these regulations.
Recordkeeping provisions
move to part 262.17 and
the extensive technical
standards remain in part
265.
Recordkeeping provisions
move to part 262.17 and
the extensive technical
standards remain in part
265.
57984
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
TABLE 7—CROSSWALK OF EXISTING CITATIONS TO PROPOSED CITATIONS FOR LQGS—Continued
Regulation
Existing citation
Preparedness, Prevention, and Emergency Procedures
§ 262.34(a)(4) references
part 265 subparts C and
D.
§ 262.34(a)(4) ....................
§ 262.34(a)(4) references
applicable parts of part
268.
§ 262.34(b) .........................
§ 262.34(g) through (i) .......
N/A .....................................
§ 262.17(b) .........................
§ 262.17(c) through (e) ......
§ 262.17(g) .........................
§ 262.34(m) ........................
§ 258.28 .............................
§ 262.17(h) .........................
§ 262.35 .............................
Personnel Training ..........................................................
Land Disposal Restrictions ..............................................
Extension of Accumulation Times ...................................
Accumulation of F006 ......................................................
Accepting waste from CESQGs to consolidate before
sending to TSDF.
Rejected Loads ................................................................
Landfill Ban for Liquids ....................................................
EPA requests comment on the
proposed reorganization to the
hazardous waste generator regulations
and, in particular, on whether the
proposed changes would improve the
user friendliness and utility of the
regulations.
C. EPA Identification Number (40 CFR
262.12)
In the interest in keeping the
generator regulations in a logical order,
EPA is proposing to move existing
§ 262.12—EPA identification number—
to § 262.18. Section 262.12 would then
be reserved. EPA believes this will
improve the flow of the hazardous waste
generator regulations as it places the
section addressing EPA identification
number after § 262.13, which addresses
how a generator determines its generator
category. This proposed sequence is
appropriate because a hazardous waste
generator must first determine what
generator category it belongs to in order
to determine which regulations—
including the requirement to obtain an
EPA ID number—it must comply with.
(For example, SQGs and LQGs must
obtain an EPA identification number,
but a CESQG does not).
EPA is requesting comment on these
proposed changes.
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
XIV. Technical Corrections and
Conforming Changes to 40 CFR Parts
260 through 265, 270, 273, and 279
The Agency is also proposing a
number of technical corrections and
conforming changes to the hazardous
waste generator regulations. This
proposed rule eliminates the regulatory
text for discontinued programs,
identifies areas where conforming
changes are necessary, updates existing
regulatory text to account for new
programs, improves the readability of
certain paragraphs, and corrects
typographical errors. Specifically, the
Agency is proposing the following
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
Proposed citation
§ 262.17(a)(6) references
part 262 subpart M.
Frm 00068
Fmt 4701
Sfmt 4702
Cross-references remain
but to a subpart of the
generator regulations.
§ 262.17(a)(7) ....................
§ 262.17(a)(6)(ii) ................
changes, in order of the existing
regulations:
(1) Revise § 260.3, which currently
reads, ‘‘As used in parts 260 through
265 and 268 of this chapter.’’ This text
fails to account for additional parts of
the regulations that were promulgated
after 1986, such as parts 266, 267, and
270 through 273. The Agency is
proposing to revise this to read, ‘‘As
used in parts 260 through 273 of this
chapter.’’
(2) Modify the definitions of
‘‘Treatability Study,’’ ‘‘Universal Waste
Handler,’’ ‘‘Universal Waste
Transporter’’ in § 260.10 to only
capitalize the first word (e.g.,
‘‘Universal’’) in order to match the
formatting in the rest of this section.
(3) Remove the closed parenthesis
after ‘‘(e.g.,)’’ from § 261.1(c)(6).
(4) Improve the readability of
§ 261.4(a)(7), which currently reads,
‘‘Spent sulfuric acid used to produce
virgin sulfuric acid, unless it is
accumulated speculatively as defined in
§ 261.1(c) of this chapter.’’ The Agency
is proposing to revise the language to
read ‘‘Spent sulfuric acid used to
produce virgin sulfuric acid provided it
is not accumulated speculatively as
defined in § 261.1(c) of this chapter.’’
(5) Make conforming changes to
citations that reference § 261.5 to reflect
EPA’s proposal to move these
regulations. The citations where
references to § 261.5 are to be revised
include all the following: §§ 262.10(b),
262.10(l)(2), 262.201(b), 262.204(a),
262.210(b)(3), 262.210(d)(2),
262.211(e)(3), 262.213(a)(2),
262.213(a)(3), 262.213(b)(2), 262.216(b),
264.1(g)(1), 268.1(e)(1), 270.1(c)(2)(iii),
and 279.10(b)(3). In § 261.33(e) and (f),
EPA is proposing to altogether remove
the references to §§ 261.5(e) and
261.5(a) and (g), respectively, because
the quantity limits for hazardous wastes
are contained in EPA’s proposed
definitions for very small quantity
PO 00000
Comment
Proposed new provision.
generator, small quantity generator, and
large quantity generator.
(6) Replace the word ‘‘waste’’ with
‘‘water’’ in § 261.5(e)(2), which reads,
‘‘A total of 100 kg of any residue or
contaminated soil, waste, or other debris
resulting from the clean-up of a spill,
into or on any land or water. . . .’’
Prior to 1985, the word ‘‘waste’’ was
‘‘water’’ and the Agency is unable to
determine why this change occurred. (In
the proposed reorganization, this
language is moved to § 260.10 and is
contained in the definitions of large
quantity generator, small quantity
generator and very small quantity
generator.)
(7) Revise § 261.420 to clarify that the
requirement in § 261.411(c) that all
employees be familiar with proper
waste handling and emergency
procedures relevant to their
responsibilities applies to facilities that
generate or accumulate more than 6,000
kg of hazardous materials as well as to
facilities that generate or accumulate
less than that amount.
(8) Remove Notes 1 and 2 from
§ 262.10. Note 1 states that the
provisions of § 262.34 are applicable to
the on-site accumulation of hazardous
waste by generators. Therefore, the
provisions of § 262.34 only apply to
owners or operators who are shipping
hazardous waste which they generated
at that facility. Note 2 states that a
generator who treats, stores, or disposes
of hazardous waste on site must comply
with the applicable standards and
permit requirements set forth in 40 CFR
parts 264, 265, 266, 268, and 270. These
notes are no longer necessary should
EPA finalize the changes in this
proposed rule, which include replacing
§ 262.34 with a new reorganization of
the regulations that address Note 1and
proposing regulations in § 262.10 that
address Note 2.
(9) Remove the extra period in the last
line of the paragraph at § 262.10(l).
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
(10) Make conforming changes to
sections that reference § 262.34 to reflect
EPA’s proposal to move these
regulations. The citations where
references to § 262.34 are to be revised
include the following: §§ 262.10(l)(1),
262.201(a), 262.201(a), 262.216(a),
264.1(g)(3), 264.71(c), 264.1030(b)(2),
264.1050(b)(2), 265.1(c)(7), 265.71(c),
265.1030(b)(2) and (b)(3), 268.7(a)(5)
and 270.1(c)(2)(i).
(11) Make conforming change to
remove and reserve § 262.40(c) because
this section (regarding records for waste
determinations) is proposed to move to
§ 262.11.
(12) Correct the statutory citation at
§ 262.43 that currently refers to sections
2002(a) and 3002(6) of the Act. The
reference to 3002(6) should be to
3002(a)(6). Additionally, the word ‘‘he’’
is removed in order to be gender
neutral.
(13) Remove references to Project XL
programs that have been discontinued.
These include the New York State
Public Utilities Project XL program at
subpart I of 40 CFR part 262 and the
University Laboratories Project XL
program at subpart J of 40 CFR part 262.
We have also removed and reserved the
reference at § 262.10(j) to the University
Laboratories Project XL.
(14) Make two conforming changes to
the definition of ‘‘central accumulation
area’’ in § 262.200 in subpart K. We are
proposing to move this definition from
this location to § 260.10 with the
following revisions. First, because of the
reorganization of the regulations in 40
CFR part 262, we are proposing to
change the references to the applicable
regulations for the central accumulation
areas that are used in the definition of
central accumulation area in § 262.200.
For LQGs, we are proposing that the
reference to § 262.34(a) be changed to
§ 262.17 and for SQGs, we are proposing
that the reference to § 262.34(d) through
(f) be changed to § 262.16. Second, we
are proposing to remove the reference to
Performance Track in the definition of
‘‘central accumulation area’’ in
§ 262.200 of subpart K because the
Performance Track program has been
terminated (74 FR 22741; May 14, 2009).
Both of these conforming changes are
reflected in the proposed definition of
‘‘central accumulation area’’ being
added in § 260.10.
(15) Make conforming changes to
citations that use the term
‘‘conditionally exempt small quantity
generator’’ to reflect EPA’s proposed
change to the term ‘‘very small quantity
generator.’’ The citations where
‘‘conditionally exempt small quantity
generator’’ is to be replaced with ‘‘very
small quantity generator’’ include:
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
§§ 262.200, 262.201(b), 262.202(b),
262.203(a), 262.203(b)(2), 262.204(a),
262.209(b), 262.210(d)(2), 262.213(a)(3),
268.1(e)(1), 270.1(c)(2)(iii), 273.8,
273.8(a)(2), 273.81(b), 279.10(b)(3).
(16) Improve the readability of
§ 264.170, which currently reads, ‘‘The
regulations in this subpart apply to
owners and operators of all hazardous
waste facilities that store containers of
hazardous waste. . . .’’ The Agency is
proposing to revise this language to
read, ‘‘The regulations in this subpart
apply to owners and operators of all
hazardous waste facilities that store
hazardous waste in containers. . . .’’
(17) Improve the readability of the
first sentence in § 264.191(a), which
currently reads, ‘‘For each existing tank
system. . . . the owner or operator must
determine that the tank system is not
leaking or is unfit for use.’’ The Agency
is proposing to revise this language to
read, ‘‘For each existing tank system
. . . the owner or operator must
determine that the tank system is not
leaking or is fit for use.’’
(18) Improve the readability of
§ 265.1(c)(7), which currently reads, ‘‘A
generator accumulating waste on-site in
compliance with § 262.34 of this
chapter, except to the extent the
requirements are included in § 262.34 of
this chapter.’’ The Agency is proposing
to revise the sentence to read, ‘‘A
generator accumulating waste on site
except to the extent the requirements
are included in §§ 262.16, and 262.17 of
this chapter.’’
(19) Correct the list of Federal
Register notices in § 265.54 to be
consistent with the list of references in
§ 264.54. The reference to 53 FR 37935,
September 28, 1988, is missing from
§ 265.54.
(20) Add to § 265.111(c) a missing
regulatory citation to § 265.445
applicable to drip pads. Section
265.111(c) would then read, ‘‘Complies
with the closure requirements of this
subpart, including, but not limited to,
the requirements of §§ 265.197, 265.228,
265.258, 265.280, 265.310, 265.351,
265.381, 265.404, 265.445, and
265.1102.’’
(21) Add to § 265.114 a missing
regulatory citation to § 265.445
applicable to drip pads and § 265.1102
applicable to containment buildings.
Section 265.114 would then read,
‘‘During the partial and final closure
periods, all contaminated equipment,
structures and soil must be properly
disposed of, or decontaminated unless
specified otherwise in §§ 265.197,
265.228, 265.445, 265.258, 265.280,
265.310 or 265.1102. . . .’’
(22) Make a conforming change to
remove and reserve § 265.201 (Special
PO 00000
Frm 00069
Fmt 4701
Sfmt 4702
57985
requirements for generators of between
100 and 1,000 kg/mo that accumulate
hazardous waste in tanks). EPA is
proposing to move this section into
proposed § 262.16.
(23) Add a missing reference to 40
CFR part 268 in § 270.1(a)(3), which
currently reads, ‘‘The RCRA permit
program. . . . in 40 CFR parts 264, 266,
and 267.’’ Therefore, the Agency is
revising this to read, ‘‘The RCRA permit
program . . . in 40 CFR parts 264, 266,
267, and 268.’’
XV. Request for Comment on Use of
Electronic Tools to Streamline
Hazardous Waste Reporting and
Recordkeeping Requirements
As part of this proposed rule, the
Agency is also exploring the feasibility
of using electronic tools to streamline
hazardous waste reporting and
recordkeeping requirements. Two
examples previously discussed include
requesting comment on an electronic
hazardous waste determination decision
tool and development of an electronic
application containing information from
the executive summaries of contingency
plans that emergency responders can
use in responding to an emergency.
Information technology can be an
important step toward improving RCRA
implementation. Many aspects of our
lives can currently be managed
electronically. We bank from home,
send pictures from phones, and track
packages across the country from our
desks. Yet, much of the information
reported to EPA and states by generators
is still submitted on paper, which
requires government staff or contractors
to manually enter the data into federal
and state data systems. Delays in data
processing can cause important
information to go unnoticed. In
addition, errors introduced through
manual data entry can require
aggravating and time-consuming
correction processes by both regulated
entities and the government.
Use of electronic tools can provide the
regulated community, regulators, and
the public with more accurate,
complete, and timely information on
regulated activities, pollution, and
compliance. Software that allows for
self-correction by flagging potential
errors, as is done by EPA’s Toxics
Release Inventory—Made Easy web tool
or the Greenhouse Gas Reporting
system, can even help prevent mistakes
before they happen, saving both
regulated entities and regulators time
and money. Electronic reporting also
creates greater transparency as greater
information accessibility can inspire
better compliance by facilities.
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
57986
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
Electronic reporting, in this context, is
not simply emailing files to the
government. Rather, it would be a
system that begins with an electronic
‘‘smart’’ form or web tool to guide the
regulated entity thru recordkeeping and
reporting processes, such as waste
determinations. The system would also
include data standards, identity
proofing, and a government database to
receive data. Error prevention and
compliance assistance could be
integrated into the reporting tool. For
example, forms can be configured to
self-populate with data from prior forms
(e.g., names and addresses), to question
entries that appear erroneous (e.g.,
entries an order of magnitude or more
above or below data from prior years or
above or below reasonable levels) and to
prevent submission before required data
fields are completed.
The Agency believes electronic tools
have the potential to greatly assist
generators in complying with the
existing and proposed hazardous waste
regulations. For example, EPA believes
that electronic tools could help
generators make more accurate
hazardous waste determinations. As
previously discussed, an app could be
used as a decision support tool to help
guide generators through the hazardous
waste determination process for each
waste stream they generate. This tool
could walk generators through a series
of question and answer steps, identify
relevant sources in making the
determination, electronically generate
and store all of the associated data and
records that generators may be required
to maintain, and provide assistance on
proper management of the identified
wastes.
Other examples include using
electronic tools to file notifications
required under the rule, such as
notifications for episodic generators, for
LQGs that desire to take advantage of
consolidating waste from CESQGs that
are within the same company, and for
generators that close a unit that
accumulated hazardous waste. In this
case, the electronic tools could be useful
in submitting required reports, and in
electronically generating, storing, and
filing all reports.
Other areas of the RCRA regulations
where electronic tools may assist with
compliance include the following:
• Determining monthly generator
category;
• Maintaining records of shipments;
• Maintaining contingency planning
and emergency procedures
recordkeeping and reporting
requirements;
• Maintaining inventory logs for
documenting accumulation time in
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
tanks, drip pads, and containment
buildings; and
• Maintaining personnel training
documents and records.
EPA believes the use of electronic
tools would help hazardous waste
generators improve and maintain
compliance with the RCRA regulations,
thereby reducing violations and
increasing environmental benefits. EPA
also believes the costs of receiving and
evaluating reports from generators could
be greatly reduced for EPA and state/
tribal agencies. For example, when the
Toxics Release inventory switched from
paper reporting to e-reporting, costs of
managing the data went down by 99%
and accuracy was increased.
EPA is not aware of any existing
electronic tools that would specifically
assist generators with meeting the RCRA
regulatory requirements. However, EPA
did identify a variety of state and
academic internet-based hazardous
waste determination tools and
workbooks (as discussed in section
VIII.B.8.).
EPA is considering a range of
electronic reporting options. The
Agency may explore developing certain
tools for use by the regulated
community or may invite third-party
vendors to provide such tools. The latter
option could be similar to the Internal
Revenue Service (IRS) model for
electronic tax preparation. The IRS
model uses third-party software
providers for tax data collection and
transmission (e.g., TurboTax, TaxACT,
or others) from private citizens and
businesses. Under this option, the
Agency would not purchase services
from any provider. All financial
transactions would be between the
providers and members of the regulated
community. EPA would specify the
required data for collection and the
requirements necessary for exchanging
data (e.g., data delivery protocols,
standards, guidelines, and procedures
compliant with EPA’s Cross-Media
Electronic Reporting Regulation
(CROMERR) (see 40 CFR part 3)).
EPA welcomes public comment on
specific reports and data types that
could be reported electronically if the
Agency were to move forward with
exploring electronic reporting,
including what the quality assurance
and quality control procedures should
be with respect to data timeliness,
accuracy, completeness, and
consistency. EPA also asks for comment
on which reports commenters think
should be highest priority for electronic
reporting. EPA solicits comment on the
option of allowing software vendors to
offer their clients federal electronic
PO 00000
Frm 00070
Fmt 4701
Sfmt 4702
reporting services compliant with the
final rule and on potential methods for
determining whether third-party
software vendors meet the minimum
federal electronic data requirements.
EPA would need to certify or approve
the methods used by the software to
authenticate, encrypt, and possibly send
compliance monitoring and other data.
EPA would also like to hear from
authorized RCRA programs that have
experience in implementing electronic
reporting, especially their experience
with phasing in implementation. EPA
also requests comment on whether
electronic tools should be provided by
EPA and/or states and tribes.
XVI. Enforceability
Persons that generate hazardous waste
must comply with all the applicable
independent requirements of the RCRA
hazardous waste regulations, unless
they obtain a conditional exemption
from those requirements, provided by
§ 262.14 (formerly § 261.5), or by
§ 262.15, 262.16, or 262.17 (formerly all
contained in § 262.34), or by § 262.70. If
a person violates independent
requirements or fails conditions for
exemption, EPA may bring an
enforcement action under section 3008
of RCRA for violations of the
independent requirements. Where a
generator does not comply with
conditions for an exemption and is
therefore no longer exempt, the
enforcement action will allege
violations of those independent
requirements from which the generator
was attempting to remain exempt. States
may choose to enforce against violations
of state hazardous waste requirements
under state authorities.
As with any violation, EPA and
authorized states have enforcement
mechanisms available that range in
severity. In addition, EPA and
authorized states have flexibility in
applying these mechanisms to the
various responsible parties as
appropriate to the specific
circumstances. Some of the enforcement
mechanisms include sending a notice of
violation, ordering compliance, ordering
that the operations cease, or assessing
penalties as appropriate. Nothing in this
proposal affects any of these
enforcement mechanisms EPA or the
states may utilize nor the manner in
which enforcement cases will be
initiated or pursued.
XVII. State Authorization
A. Applicability of Rules in Authorized
States
Under section 3006 of RCRA, EPA
may authorize states to administer the
E:\FR\FM\25SEP2.SGM
25SEP2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
RCRA Subtitle C hazardous waste
program. Following authorization, the
authorized state program operates in
lieu of the federal regulations. EPA
retains enforcement authority to enforce
the authorized state Subtitle C program,
although authorized states have primary
enforcement authority. EPA also retains
its authority under RCRA sections 3007,
3008, 3013, and 7003. The standards
and requirements for state
authorizations are found at 40 CFR part
271.
Prior to enactment of the Hazardous
and Solid Waste Amendments of 1984
(HSWA), a state with final RCRA
authorization administered its
hazardous waste program entirely in
lieu of EPA administering the federal
program in that state. EPA did not issue
permits for any facilities in that state,
since the state was now authorized to
issue RCRA permits. When new, more
stringent federal requirements were
promulgated, the state was obligated to
enact equivalent authorities within
specified time frames. However, the
new requirements did not take effect in
an authorized state until the state
adopted the equivalent state
requirements.
In contrast, under RCRA section
3006(g) (42 U.S.C. 6926(g)), which was
added by HSWA, new requirements and
prohibitions imposed under HSWA
authority take effect in authorized states
at the same time that they take effect in
unauthorized states. While states must
still adopt HSWA related provisions as
state law to retain authorization, EPA
implements the HSWA provisions in
authorized states, including the
issuance of any permits pertaining to
HSWA requirements, until the state is
granted authorization to do so.
Authorized states are required to
modify their programs only when EPA
promulgates federal requirements that
are more stringent or broader in scope
than existing federal requirements.126
RCRA section 3009 allows the states to
impose standards more stringent than
those in the federal program (see 40 CFR
271.1). Therefore, authorized states may,
but are not required to, adopt federal
regulations, both HSWA and nonHSWA, that are considered less
stringent than previous federal
regulations.
B. Effect on State Authorization of
Proposed Rule
This notice proposes regulations that
amend certain sections of the hazardous
126 EPA notes that decisions regarding whether a
state rule is more stringent or broader in scope than
the federal program are made when the Agency
authorizes state programs.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
waste generator regulations in 40 CFR
parts 260 through 265, 268, 270, 273,
and 279. These regulations were
promulgated under the authority of
sections 2002, 3001, 3002, 3003, 3004,
3007, and 3010 of RCRA). This notice
proposes changes to the RCRA Subtitle
C program under non-HSWA authority.
Thus, the standards, if finalized,
would be applicable on the effective
date only in those states that do not
have final authorization of their base
RCRA programs. Moreover, authorized
states are required to modify their
programs only when EPA promulgates
federal regulations that are more
stringent or broader in scope than the
authorized state regulations. For those
changes that are less stringent, states are
not required to modify their programs.
This is a result of section 3009 of RCRA,
which allows states to impose more
stringent regulations than the federal
program.
Several of the revisions to the
proposed hazardous waste generator
regulations are more stringent than
those promulgated in various rules that
went into effect when the RCRA
hazardous waste Regulations were first
initiated (e.g., 1980–1986). These
include the following: (1) requiring both
SQGs and LQGs to document their nonhazardous waste determinations when
they have generated a solid waste
(section VIII.B of this preamble); (2)
requiring SQGs to re-notify every two
years if they have not done so otherwise
through an alternative process (section
VIII.C of this preamble); (3) requiring
SQGs and LQGs to better define the
contents and associated risks of
hazardous wastes accumulated in tanks,
containers, drip pads, and containment
buildings, as well as when hazardous
waste is accumulated in satellite
accumulation areas (sections VII.E.,
VIII.F and VIII.I of this preamble); (4)
requiring LQGs to notify EPA or their
authorized state when they plan to close
either a hazardous waste accumulation
unit or their generator site (section
VIII.G of this preamble); (5) requiring
new LQGs to prepare an executive
summary of their contingency plans to
assist responders in an emergency
(section VIII.H of this preamble); (6)
requiring LQGs to submit a biennial
report that identifies all of the
hazardous wastes generated in the
calendar year, not just for the months
the facility was an LQG (sections VIII.L
of this preamble); (7) requiring transfer
facilities to identify the contents and
associated risks of containers that have
been consolidated with other hazardous
wastes (section X of this preamble); and
(8) promulgating prohibitions on storage
of restricted wastes (section XII of this
PO 00000
Frm 00071
Fmt 4701
Sfmt 4702
57987
preamble). Therefore, states that have
adopted the base RCRA program would
be required to modify their hazardous
waste programs to incorporate
equivalent provisions if these standards
are finalized.
On the other hand, three of the
proposed revisions would be considered
less stringent than the current
hazardous waste regulations. These
revisions include the following: (1)
Allowing CESQGs to voluntarily send
hazardous waste to LQGs under the
control of the same person to facilitate
the cost-effective management of
hazardous wastes within the same
company (section VII.C of this
preamble); (2) allowing CESQGs and
SQGs to voluntarily maintain their
existing regulatory status if they have an
episodic event that generates additional
amounts of hazardous waste which
would have resulted in them moving
into a higher generator category for a
short period of time, so long as they
comply with specified conditions
(section IX of this preamble); and (3)
allowing LQGs to voluntarily apply for
a waiver from their local fire department
to accumulate ignitable and reactive
wastes within the 50 foot facility
boundary provision (section XI.B of this
preamble). Thus, authorized states may,
but would not be required to, adopt
these changes.
This proposed rule also includes
several revisions that are neither more
nor less stringent, such as (1) mixing a
non-hazardous waste with a hazardous
waste (section VII.B of this preamble);
(2) defining central accumulation area
(section VI.C of this preamble); (3)
prohibiting generators from sending
hazardous liquids to landfills (section
VIII.M of this preamble); (4)
reorganizing the hazardous waste
generator regulations to make them
more user-friendly (section XIII of this
preamble); (5) deleting the performance
track regulations (section VIII.K of this
preamble); (6) replacing the list of
specific data elements with a
requirement to complete and submit all
data elements required in the biennial
report form (section VIII.L of this
preamble); and (7) technical corrections
and conforming changes to various parts
of the RCRA regulations (section XIV of
this preamble). Thus, authorized states
may, but would not be required to,
adopt these changes.
E:\FR\FM\25SEP2.SGM
25SEP2
57988
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
XVIII. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is a
‘‘significant regulatory action’’ in that it
may raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive Order.
Accordingly, EPA submitted this action
to the Office of Management and Budget
(OMB) for review under Executive
Orders 12866 and 13563 (76 FR 3821,
January 21, 2011) and any changes made
in response to OMB recommendations
have been documented in the docket for
this action.
In addition, EPA prepared an analysis
of the potential costs and benefits
associated with this action. This
analysis is contained in EPA’s
Regulatory Impact Analysis (RIA)
document titled ‘‘Assessment of the
Potential Costs, Benefits, and other
Impacts of the Improvements to the
Hazardous Waste Generator Regulatory
Program, As Proposed.’’ A copy of the
analysis is available in the docket for
this action and the analysis is briefly
summarized here.
Based on the impact estimates
presented in the RIA, EPA does not
expect that this action will be
‘‘economically significant’’ because the
estimated annualized cost for
compliance with the proposed changes
to the hazardous waste generator
regulatory program is significantly less
than the $100 million annual effect
threshold of Section 3(f)(1) of Executive
Order 12866. The RIA estimates the
affected universe is between 353,000
and 543,000 entities. Of this universe,
between 293,000 and 469,000 CESQGs
will only be affected if they choose to
take advantage of two voluntary
programs being proposed.
EPA estimates the future annualized
cost to industry to comply with the
requirements of this proposed action at
between $6.2 and $17.4 million (at 7%
discount rate). Similarly, the annualized
net cost savings or benefits for facilities
opting to take advantage of two
voluntary programs in the rule (e.g.,
consolidation of CESQG waste by large
quantity generators under the same
ownership, and generators who would
not be required to change generator
status as a result of an episodic event)
is between $6.2 and $12.2 million (at
7% discount rate) resulting in a net
annualized cost of between $0.1 million
and $5.2 million.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
In addition to estimating the cost for
this proposed rule, the RIA also
provides both quantitative and
qualitative (i.e., non-monetized)
descriptions of future expected benefits
for this action primarily consisting of
improved industry environmental
compliance.
B. Paperwork Reduction Act (PRA)
The information collection activities
in this proposed rule have been
submitted for approval to the Office of
Management and Budget (OMB) under
the PRA. The Information Collection
Request (ICR) document that the EPA
prepared has been assigned EPA ICR
number 2513.01. You can find a copy of
the ICR in the docket for this rule, and
it is briefly summarized here.
This proposed rule is necessary for
EPA and authorized states to oversee the
generation and management of
hazardous waste. EPA is proposing the
establishment of these information
collection requirements under the
authority of RCRA Subtitle C. There are
several provisions to this rule that will
require respondents to either submit
information to EPA or authorized state,
or maintain records at their facility. For
example, generators will have to notify
EPA or their authorized state they plan
to take advantage of two voluntary
provisions that will provide greater
flexibility in how they manage
hazardous waste (i.e., CESQG
consolidation of their hazardous waste
by a LQG under the same person or
company; and episodic generation of
hazardous waste resulting in a
temporary change in regulatory status).
Similarly, SQGs will have to re-notify
EPA or their authorized state every
other year that they have not changed
their regulatory category to support
effective inspections and program
management activities. In an effort to
improve program compliance, both
SQGs and LQGs will be required to
maintain records supporting the basis
for their non-hazardous waste
determinations (i.e., a generator
generated a solid waste but not a
hazardous waste). Similarly, new LQGs
will be required to develop and submit
an executive summary of their
emergency response plan to their Local
Emergency Planning Committee to
effectively assist emergency responders
responding to an emergency.
EPA and state agencies will use the
collected information to ensure that
hazardous wastes are managed in a costeffective manner that minimizes risks to
human health and the environment.
Local emergency response organizations
will also use the collected information
to prepare contingency plans to reduce
PO 00000
Frm 00072
Fmt 4701
Sfmt 4702
risks to emergency responders and
bystanders. EPA does not expect
confidentiality to be an issue in
generators either providing information
to EPA or an authorized state or in
maintaining the necessary records
supporting a non-hazardous waste
determination. The statutory authority
to collect the proposed information is
found at RCRA 3002 (42 U.S.C. 6922)
and RCRA 3003 (42 U.S.C. 6923).
Respondents/Affected Entities: Private
sector.
Respondent’s Obligation to Respond:
Mandatory per RCRA 3002 (42 U.S.C.
6922) and RCRA 3003 (42 U.S.C. 6923).
Estimated Number of Respondents:
96,375
Frequency of Response: On occasion.
Total Estimated Burden: 304,318
hours (per year). Burden is defined at 5
CFR 1320.3(b).
Total Estimated Cost: $16.8 million
(per year), includes $3.9 million
annualized capital or operation &
maintenance costs.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations in 40
CFR are listed in 40 CFR part 9.
Submit your comments on the
Agency’s need for this information, the
accuracy of the provided burden
estimates and any suggested methods
for minimizing respondent burden to
the EPA using the docket identified at
the beginning of this rule. You may also
send your ICR-related comments to
OMB’s Office of Information and
Regulatory Affairs via email to
oria_submissions@omb.eop.gov,
Attention: Desk Officer for the EPA.
Since OMB is required to make a
decision concerning the ICR between 30
and 60 days after receipt, OMB must
receive comments no later than October
26, 2015. The EPA will respond to any
ICR-related comments in the final rule.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. The small entities
directly regulated by this proposed rule
include entities that generate hazardous
waste across various industries,
including, but not limited to, printing,
petroleum refining, chemical
manufacturing, plastics and resin
manufacturing, pharmaceutical
manufacturing, paint and coating, iron
and steel mills, metal and metal product
manufacturing, electroplating, printed
circuit board manufacturing,
semiconductor manufacturing, motor
E:\FR\FM\25SEP2.SGM
25SEP2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
vehicle parts manufacturing, research
and development, hazardous waste
treatment and disposal, academic
institutions, and hospitals. We have
determined that between 25,550 and
33,800 small entities impacted will
experience an impact of less than 1% of
annual sales for all affected small
entities.
Although this proposed rule will not
have a significant economic impact on
a substantial number of small entities,
EPA nonetheless has tried to reduce the
impact of this rule on small entities.
Many of the changes in this proposed
rulemaking come from outreach efforts
to generators of hazardous waste,
including small entities, and are
designed to make the generator
regulations more accessible and user
friendly. As part of the proposal, EPA is
including several provisions that would
provide increased flexibility for small
entities in managing hazardous waste,
such as the ability for hazardous waste
generators to use the episodic generator
provisions if they have a distinct event
that would otherwise cause them to
have to bump up to a higher generator
category. We continue to be interested
in the potential impacts of the proposed
rule on small entities and welcome
comments on issues related to such
impacts.
D. Unfunded Mandates Reform Act
This proposed rule does not contain
an unfunded mandate of $100 million as
described in UMRA, 2 U.S.C. 1531–
1538, and does not significantly or
uniquely affect small governments. The
RIA estimates that the state government
share of future average annualized
direct costs for the proposed rule
requirements to range between $1.2
million and $2.3 million per year. Thus,
this proposed rule is not subject to the
requirements of sections 202 or 205 of
UMRA.
This proposed rule is also not subject
to the requirements of section 203 of
UMRA because it contains no regulatory
requirements that might significantly or
uniquely affect small governments. The
rulemaking proposes clarifications and
modifications to the hazardous waste
generator regulations, which impacts
only those entities that generate
hazardous waste. Small governments
would only be subject to the changes in
the proposed rule if they generated
hazardous waste subject to the RCRA
hazardous waste requirements.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. The proposed
rule simply proposes clarifications and
modifications to the existing hazardous
waste generator regulations. Thus,
Executive Order 13132 does not apply
to this action. Although section 6 of
Executive Order 13132 does not apply
to this action, EPA did consult with
state officials in developing this action.
F. Executive Order 13175: Consultation
and Coordination with Indian Tribal
Governments
This action may have tribal
implications. However, it will neither
impose substantial direct compliance
costs on tribal governments, nor
preempt tribal law. Under the RCRA
statute, the federal government
implements hazardous waste
regulations directly in Indian Country.
Thus, the proposed changes to the
hazardous waste regulations would not
impose any direct costs on tribal
governments.
The EPA consulted with tribal
officials under the EPA Policy on
Consultation and Coordination with
Indian Tribes early in the process of
developing this regulation to permit
them to have meaningful and timely
input into its development. A summary
of that consultation is provided in the
docket for this action.
As required by section 7(a), the EPA’s
Tribal Consultation Official has certified
that the requirements of the executive
order have been met in a meaningful
and timely manner. A copy of the
certification is included in the docket
for this action.
G. Executive Order 13045: Protection of
Children from Environmental Health
Risks and Safety Risks
This action is not subject to Executive
Order 13045 because it is not
economically significant as defined in
Executive Order 12866, and because the
Agency does not believe the
environmental health or safety risks
addressed by this action present a
disproportionate risk to children. The
Agency does not believe that this action
presents risks to the public. In fact,
there are several components to this
proposed rule that modify the existing
hazardous waste generator regulations
to enhance environmental protection in
the local community. Examples include
(1) requiring LQGs and SQGs to
document and maintain records of their
waste determinations, including
determinations that a solid waste is a
non-hazardous waste; (2) requiring
PO 00000
Frm 00073
Fmt 4701
Sfmt 4702
57989
LQGs and SQGs to provide more
detailed marking and labeling
information for containers, tanks, drip
pads, and containment buildings
accumulating hazardous wastes; (3)
requiring LQGs to notify EPA or an
authorized state when they plan to close
either a hazardous waste accumulation
unit or their site; (4) requiring LQGs and
SQGs to re-notify EPA or the authorized
state on a periodic basis of their
hazardous waste generator activities;
and (5) improving emergency
preparedness and response regulations
on the part of SQGs and LQGs.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution or Use
This action is not a ‘‘significant
energy action’’ as defined in Executive
Order 13211 (66 FR 28355 (May 22,
2001)), because it is not likely to have
a significant adverse effect on the
supply, distribution, or use of energy.
This proposed rule does not involve the
supply, distribution, or use of energy.
I. National Technology Transfer and
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards.
J. Executive Order 12898: Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629
(February 16, 1994)) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this
proposed rule increases the level of
environmental protection for all affected
populations and thus will not have
disproportionately high and adverse
human health or environmental effects
on minority, low-income or indigenous
populations. Specifically, there are
several components to this proposed
rule that modify the existing hazardous
waste generator regulations to assist
generators in understanding and
facilitating improved compliance with
the hazardous waste regulations.
Examples include modifying regulations
regarding mixing of non-hazardous
waste with a hazardous waste by a
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
57990
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
generator, or when a hazardous waste
generator generates both acute and nonacute hazardous waste in the same
calendar month. Additionally, EPA is
proposing to reorganize the hazardous
waste generator rules to make them
more user-friendly and therefore assist
generators in understanding their
responsibilities in managing the
hazardous waste they generate safely,
which support better environmental
protection.
Still other components of this
proposed rule enhance environmental
protection in the local community, and
therefore foster improved environmental
protection, including for minority
populations and low-income
populations. They include, for example,
(1) requiring LQGs and SQGs to
document and maintain records of their
waste determinations, including
determinations that a solid waste is a
non-hazardous waste; (2) requiring
LQGs and SQGs to provide more
detailed marking and labeling
information for containers, tanks, drip
pads, and containment buildings
accumulating hazardous wastes; (3)
requiring LQGs to notify EPA or an
authorized state when they plan to close
either a hazardous waste unit or their
site; (4) requiring LQGs and SQGs to renotify EPA or the authorized state on a
periodic basis of their hazardous waste
generator activities; and (5) improving
emergency preparedness and response
regulations on the part of SQGs and
LQGs.
Furthermore, EPA is also proposing to
allow CESQGs to ship their hazardous
waste to an LQG under the control of
the same person. As described in
section VII.C of the preamble, this may
increase environmental protection in
the local community because hazardous
waste generated by CESQGs would be
subject to more stringent requirements
upon receipt by the LQG, including
ultimate management by a RCRA
permitted TSDF (as opposed to being
managed possibly in a municipal solid
waste landfill). Although this proposed
change could result in an increase in
traffic for certain communities, EPA
believes the increase would not be
significant given that CESQGs currently
may send their hazardous waste to a
number of destinations, including
municipal and non-municipal solid
waste management facilities.
Lastly, EPA is proposing alternative
standards for CESQGs and SQGs that
would allow these entities to maintain
their generator category if generating
hazardous waste from an episodic event.
Although these generators would be
allowed to temporarily manage a greater
amount of hazardous waste than their
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
normal generator category allows, EPA
is proposing conditions under which
the hazardous waste generated from an
episodic event must be managed in
order to maintain protection of human
health and the environment. Therefore,
EPA does not anticipate
disproportionately high and adverse
human health or environmental effects
on minority, low-income or indigenous
populations from these proposed
alternative standards.
recordkeeping requirements, Water
pollution control, Water supply.
List of Subjects
Dated: August 31, 2015.
Gina McCarthy,
Administrator.
40 CFR Part 260
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Incorporation by reference, Hazardous
waste, Reporting and recordkeeping
requirements.
40 CFR Part 261
Environmental protection, Hazardous
waste, Recycling, Reporting and
recordkeeping requirements.
40 CFR Part 262
Environmental protection, Exports,
Hazardous materials transportation,
Hazardous waste, Imports,
Incorporation by reference, Labeling,
Packaging and containers, Reporting
and recordkeeping requirements.
40 CFR Part 263
Environmental protection, Hazardous
materials transportation, Hazardous
waste, Reporting and recordkeeping
requirements.
40 CFR Part 264
Environmental protection, Air
pollution control, Hazardous waste,
Insurance, Packaging and containers,
Reporting and recordkeeping
requirements, Security measures, Surety
bonds.
40 CFR Part 265
Environmental protection, Air
pollution control, Hazardous waste,
Insurance, Packaging and containers,
Reporting and recordkeeping
requirements, Security measures, Surety
bonds, Water supply.
40 CFR Part 268
Environmental protection, Hazardous
waste, Reporting and recordkeeping
requirements.
40 CFR Part 270
Frm 00074
Fmt 4701
40 CFR Part 279
Environmental protection, Petroleum,
Recycling, Reporting and recordkeeping
requirements.
For the reasons set out in the
preamble, title 40, chapter I of the Code
of Federal Regulations is proposed to be
amended as follows:
PART 260— HAZARDOUS WASTE
MANAGEMENT SYSTEM: GENERAL
1. The authority citation for part 260
continues to read as follows:
■
Authority: 42 U.S.C. 6905, 6912(a), 6921–
6927, 6930, 6934, 6935, 6937, 6938, 6939,
and 6974.
2. Section 260.3 is amended by
revising the introductory paragraph to
read as follows:
■
§ 260.3
Use of number and gender.
As used in parts 260 through 273 of
this chapter:
*
*
*
*
*
■ 3. Amend § 260.10 by:
■ a. Adding in alphabetical order the
definitions of ‘‘Acute hazardous waste’’,
‘‘Central accumulation area’’, ‘‘Large
quantity generator’’, ‘‘Non-acute
hazardous waste’’;
■ b. Removing the definition for
‘‘Performance Track member facility’’;
■ c. Revising the definition of ‘‘Small
quantity generator’’;
■ d. Revising the heading of the
definition ‘‘Treatability Study’’ to read
‘‘Treatability study’’;
■ e. Revising the heading of the
definition ‘‘Universal Waste Handler’’ to
read ‘‘Universal waste handler’’; and
■ f. Revising the heading of the
definition ‘‘Universal Waste
Transporter’’ to read ‘‘Universal waste
transporter’’; and
■ g. Adding in alphabetical order the
definition of ‘‘Very small quantity
generator’’.
The revisions and additions read as
follows:
§ 260.10
Definitions.
*
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous materials transportation,
Hazardous waste, Reporting and
PO 00000
40 CFR Part 273
Environmental protection, Hazardous
materials transportation, Hazardous
waste.
Sfmt 4702
*
*
*
*
Acute hazardous waste means
hazardous wastes that meet the listing
criteria in § 261.11(a)(2) and therefore
are either listed in § 261.31 of this
chapter with the assigned hazard code
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
of (H) or are listed in § 261.33(e) of this
chapter.
*
*
*
*
*
Central accumulation area means any
on-site hazardous waste accumulation
area with hazardous waste accumulating
in units subject to either § 262.16 (for
small quantity generators) or § 262.17
(for large quantity generators). A central
accumulation area at an eligible
academic entity that chooses to be
subject to part 262 subpart K must also
comply with § 262.211 when
accumulating unwanted material and/or
hazardous waste.
*
*
*
*
*
Large quantity generator is a generator
who generates any of the following
amounts in a calendar month:
(1) Greater than or equal to 1000
kilograms (2200 lbs) of non-acute
hazardous waste;
(2) Greater than 1 kilogram (2.2 lbs) of
acute hazardous waste listed in § 261.31
or § 261.33(e) of this chapter; or
(3) Greater than 100 kilograms (220
lbs) of any residue or contaminated soil,
water, or other debris resulting from the
cleanup of a spill, into or on any land
or water, of any acute hazardous waste
listed in § 261.31 or § 261.33(e) of this
chapter.
*
*
*
*
*
Non-acute hazardous waste means all
hazardous wastes that are not acute
hazardous waste, as defined in this
section.
*
*
*
*
*
Small quantity generator is a
generator who generates the following
amounts in a calendar month:
(1) Greater than 100 kilograms (220
lbs) but less than 1000 kilograms (2200
lbs) of non-acute hazardous waste;
(2) Less than or equal to 1 kilogram
(2.2 lbs) of acute hazardous waste listed
in §§ 261.31 or § 261.33(e) of this
chapter; and
(3) Less than or equal to 100
kilograms (220 lbs) of any residue or
contaminated soil, water, or other debris
resulting from the cleanup of a spill,
into or on any land or water, of any
acute hazardous waste listed in § 261.31
or § 261.33(e) of this chapter.
*
*
*
*
*
Very small quantity generator is a
generator who generates less than or
equal to the following amounts in a
calendar month:
(1) 100 kilograms (220 lbs) of nonacute hazardous waste; and
(2) 1 kilogram (2.2 lbs) of acute
hazardous waste listed in § 261.31 or
§ 261.33(e) of this chapter; and
(3) 100 kilograms (220 lbs) of any
residue or contaminated soil, water, or
other debris resulting from the cleanup
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
of a spill, into or on any land or water,
of any acute hazardous waste listed in
§ 261.31 or § 261.33(e) of this chapter.
*
*
*
*
*
■ 4. Section 260.11 is amended by
revising the section heading and
paragraph (d)(1) to read as follows:
§ 260.11
Incorporation by reference.
*
*
*
*
*
(d) * * *
(1) ‘‘Flammable and Combustible
Liquids Code’’ (1977 or 1981), IBR
approved for §§ 262.16, 264.198,
265.198, 267.202(b).
*
*
*
*
*
PART 261— IDENTIFICATION AND
LISTING OF HAZARDOUS WASTE
5. The authority citation for part 261
continues to read as follows:
■
Authority: 42 U.S.C. 6905, 6912(a), 6921,
6922, 6924(y), and 6938.
§ 261.1
[Amended]
6. Section 261.1, paragraph (c)(6) is
amended by removing ‘‘(e.g.,)’’ and
inserting ‘‘(e.g.,’’ in its place.
■ 7. Section 261.4 is amended by
revising paragraph (a)(7) to read as
follows:
■
§ 261.4
Exclusions.
(a) * * *
(7) Spent sulfuric acid used to
produce virgin sulfuric acid provided it
is not accumulated speculatively as
defined in § 261.1(c) of this chapter.
*
*
*
*
*
§ 261.5
[Removed and reserved]
8. Remove and reserve § 261.5.
9. Section 261.6 is amended by adding
paragraph (c)(2)(iv) to read as follows:
■
■
§ 261.6 Requirements for recyclable
materials.
*
*
*
*
*
(c) * * *
(2) * * *
(iv) Section 265.75 of this chapter
(biennial reporting requirements).
*
*
*
*
*
■ 10. Section 261.33 is amended by
revising paragraphs (e) introductory text
and (f) introductory text to read as
follows:
§ 261.33 Discarded commercial chemical
products, off-specification species,
container residues, and spill residues
thereof.
*
*
*
*
*
(e) The commercial chemical
products, manufacturing chemical
intermediates or off-specification
commercial chemical products or
manufacturing chemical intermediates
referred to in paragraphs (a) through (d)
PO 00000
Frm 00075
Fmt 4701
Sfmt 4702
57991
of this section, are identified as acute
hazardous wastes (H).
*
*
*
*
*
(f) The commercial chemical
products, manufacturing chemical
intermediates, or off-specification
commercial chemical products referred
to in paragraphs (a) through (d) of this
section, are identified as toxic wastes
(T).
*
*
*
*
*
■ 11. Section 261.420 is amended by
adding paragraph (g) to read as follows:
§ 261.420 Contingency planning and
emergency procedures for facilities
generating or accumulating more than 6000
kg of hazardous secondary material.
*
*
*
*
*
(g) Personnel training. All employees
must be thoroughly familiar with proper
waste handling and emergency
procedures relevant to their
responsibilities during normal facility
operations and emergencies.
PART 262—STANDARDS APPLICABLE
TO GENERATORS OF HAZARDOUS
WASTE
12. The authority citation for part 262
continues to read as follows:
■
Authority: 42 U.S.C. 6906, 6912, 6922–
6925, 6937, and 6938.
Subpart A—General
13. Section 262.1 is added to read as
follows:
■
§ 262.1
Terms used in this part.
As used in this part:
Independent requirement means a
requirement of part 262 that states an
event, action, or standard that must
occur or be met; and that applies
without relation to, or irrespective of,
the purpose of obtaining a conditional
exemption from a permit or having
interim status under §§ 262.14, 262.15,
262.16, or 262.17.
Condition for exemption means any
requirement in §§ 262.14, 262.15,
262.16, or 262.17, that states an event,
action, or standard that must occur or be
met in order to obtain a conditional
exemption from any requirement in
parts 124, 262 through 268, or 270, or
from any requirement for notification
under section 3010 of RCRA.
■ 14. Section 262.10 is amended by:
■ a. Revising paragraphs (a) and (b);
■ b. Removing and reserving paragraph
(c);
■ c. Revising paragraph (g);
■ d. Removing and reserving paragraphs
(j);
■ e. Revising paragraph (l); and
■ f. Removing Notes 1 and 2.
The revisions and additions read as
follows:
E:\FR\FM\25SEP2.SGM
25SEP2
57992
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
§ 262.10
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
Purpose, scope, and applicability.
(a) The regulations in this part
establish standards for generators of
hazardous waste as defined by 40 CFR
260.10.
(1) A person who generates a
hazardous waste as defined by 40 CFR
part 261 is subject to all the applicable
independent requirements in the
subparts and sections listed below,
unless the person is a very small
quantity generator that meets the
conditions for exemption in § 262.14.
(i) Independent requirements of a
small quantity generator. (A) Section
262.11 Hazardous waste determination
and recordkeeping;
(B) Section 262.13 Generator category
determination;
(C) Section 262.18 EPA identification
numbers and re-notification for large
quantity generators and small quantity
generators;
(D) Part 262 subpart B—The manifest;
(E) Part 262 subpart C—Pre-transport
requirements;
(F) Section 262.40 Recordkeeping;
(G) Section 262.44 Special
independent requirements for small
quantity generators;
(H) Part 262 subpart E–subpart F—
Imports and exports of hazardous waste;
(I) Part 262 subpart G—Farmers; and
(J) Part 262 subpart H—Transfrontier
shipments of hazardous waste for
recovery within the OECD.
(ii) Independent requirements of a
large quantity generator. (A) Section
262.11 Hazardous waste determination
and recordkeeping;
(B) Section 262.13 Generator category
determination;
(C) Section 262.18 EPA identification
numbers and re-notification for large
quantity generators and small quantity
generators;
(D) Part 262 subpart B—The manifest;
(E) Part 262 subpart C—Pre-transport
requirements;
(F) Part 262 subpart D—
Recordkeeping and reporting, except
§ 262.44;
(G) Part 262 subpart E-subpart F—
Imports and exports of hazardous waste;
(H) Part 262 subpart G—Farmers; and
(I) Part 262 subpart H—Transfrontier
shipments of hazardous waste for
recovery within the OECD.
(2) A generator that accumulates
hazardous waste on site is a facility that
stores hazardous waste and is subject to
the applicable requirements of parts
124, 263 through 270, and section 3010
of RCRA, unless it is one of the
following:
(i) A very small quantity generator
that meets the conditions for exemption
in § 262.14;
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
(ii) A small quantity generator that
meets the conditions for exemption in
§§ 262.15 and 262.16; or
(iii) A large quantity generator that
meets the conditions for exemption in
§§ 262.15 and 262.17.
(3) A generator shall not transport,
offer its waste for transport, or otherwise
cause its waste to be sent to a facility
that is not a designated facility, as
defined in § 260.10, or not otherwise
authorized to receive the generator’s
waste.
(b) Determining generator category. A
generator must use 40 CFR 262.13 to
determine which provisions of this part
are applicable to the generator based on
the quantity of hazardous waste
generated per calendar month.
*
*
*
*
*
(g)(1) A generator’s violation of an
applicable requirement in 40 CFR part
124, 262 through 268, or 270, or of
applicable notification requirements of
section 3010 of RCRA, is subject to
penalty and injunctive relief under
section 3008 of RCRA.
(2) A generator’s noncompliance with
a condition for exemption in this part is
not subject to penalty or injunctive
relief under section 3008 of RCRA as a
violation of a 40 CFR part 262 condition
for exemption. Noncompliance with a
condition for exemption in this part
results in failure to obtain, or to
maintain, such exemption. Failure to
obtain or maintain the exemption
results in a violation of one or more
applicable independent requirements in
40 CFR part 124, 262 through 268, or
270, or of the notification requirements
of section 3010 of RCRA. A generator’s
violation of an independent requirement
is subject to penalty and injunctive
relief under section 3008 of RCRA.
*
*
*
*
*
(l) The laboratories owned by an
eligible academic entity that chooses to
be subject to the requirements of subpart
K of this part are not subject to (for
purposes of this paragraph, the terms
‘‘laboratory’’ and ‘‘eligible academic
entity’’ shall have the meaning as
defined in § 262.200 of subpart K of this
part):
(1) The independent requirements of
§ 262.11 or the regulations in § 262.15
for large quantity generators and small
quantity generators, except as provided
in subpart K, and
(2) The conditions of § 262.14, for
very small quantity generators, except as
provided in subpart K.
■ 15. Revise § 262.11 and its section
heading to read as follows:
PO 00000
Frm 00076
Fmt 4701
Sfmt 4702
§ 262.11 Hazardous waste determination
and recordkeeping.
A person who generates a solid waste,
as defined in 40 CFR 261.2, must make
an accurate determination of whether
that waste is a hazardous waste using
the following steps:
(a) A hazardous waste determination
for each solid waste must be made at the
point of waste generation, before any
dilution, mixing, or other alteration of
the waste occurs, and at any time in the
course of its management that it has, or
may have, changed its properties as a
result of exposure to the environment or
other factors that may change the
properties of the waste.
(b) A person must determine if the
solid waste is excluded from regulation
under 40 CFR 261.4.
(c) If the waste is not excluded under
40 CFR 261.4, the person must then use
knowledge of the waste to determine if
the waste meets any of the listing
descriptions under subpart D of 40 CFR
part 261. Acceptable knowledge that
may be used in making an accurate
determination as to whether the waste is
listed includes, but is not limited to,
waste origin, composition, the process
producing the waste, feedstock, and
other relevant information. If the waste
is listed, the person may file a delisting
petition under 40 CFR 260.20 and
260.22 to demonstrate to the
Administrator that the waste from this
particular site or operation is not a
hazardous waste.
(d) If the waste is not listed in subpart
D of 40 CFR part 261 or if it is a listed
waste, which must meet the land
disposal restrictions under 40 CFR part
268, the person then must also
determine whether the waste exhibits
one or more hazardous characteristics as
identified in subpart C of 40 CFR part
261 by following the procedures in
either paragraph (d)(1) or (2) of this
section.
(1) The person must test the waste
according to the methods set forth in
subpart C of 40 CFR part 261 or
according to an equivalent method
approved by the Administrator under 40
CFR 260.21 and in accordance with the
following:
(i) Persons testing their waste must
obtain a representative sample of the
waste for the testing, as defined at 40
CFR 260.10.
(ii) Where a test method is specified
in the regulation, the results of the
regulatory test, when properly
performed, are definitive for
determining the regulatory status of the
waste.
(2) The person must apply knowledge
of the hazard characteristic of the waste
in light of the materials or the processes
E:\FR\FM\25SEP2.SGM
25SEP2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
used. Acceptable knowledge may
include process knowledge (e.g.,
information about chemical feedstocks
and other inputs to the production
process); knowledge of products, byproducts, and intermediates produced
by the manufacturing process; chemical
or physical characterization of wastes;
information on the chemical and
physical properties of the chemicals
used or produced by the processor or
otherwise contained in the waste;
testing that illustrates the properties of
the waste; or other reliable and relevant
information about the properties of the
waste or its constituents. A test other
than a test method set forth in subpart
C of 40 CFR part 261, or according to
an equivalent method approved by the
Administrator under 40 CFR 260.21,
may be used as part of a person’s
knowledge to determine whether a solid
waste exhibits a characteristic of
hazardous waste. However, such tests
do not, by themselves, provide
definitive results.
(e) Recordkeeping for small and large
quantity generators. A small or large
quantity generator must maintain
records supporting its solid and
hazardous waste determinations,
including records that identify a
material as a solid waste, as defined by
40 CFR 261.2, and records identifying
whether that solid waste is or is not also
a hazardous waste, as defined by 40 CFR
261.3. Generators may wish to segregate
any of their municipal solid waste from
other solid and hazardous wastes to
avoid potential co-mingling. Records
must be maintained for at least three
years from the date that the waste was
last generated. These records must
comprise the generator’s knowledge of
the waste and support the generator’s
determination, as described at 40 CFR
262.11(c) and (d). The records must
include, but are not be limited to, the
following types of information: The
results of any tests, sampling, or waste
analyses; records documenting the tests,
sampling, and analytical methods used
and demonstrating the validity and
relevance of such tests; records
consulted in order to determine the
process by which the waste was
generated, the composition of the waste,
and the properties of the waste; and
records which explain the knowledge
basis for the generator’s determination,
as described at 40 CFR 262.11(d)(2). The
periods of record retention referred to in
this section are extended automatically
during the course of any unresolved
enforcement action regarding the
regulated activity or as requested by the
Administrator.
(f) If the waste is determined to be
hazardous, all applicable EPA
hazardous waste numbers (EPA
hazardous waste codes) in subparts C
and D of part 261 must be identified.
(g) If the waste is determined to be
hazardous, the generator must refer to
parts 261, 264, 265, 266, 267, 268, and
273 of this chapter for other possible
exclusions or restrictions pertaining to
management of the specific waste.
§
262.12 [Removed and reserved]
16. Remove and reserve § 262.12.
17. Add §§ 262.13 through 262.18 to
subpart A to read as follows:
*
*
*
*
*
■
■
Sec.
262.13 Generator category determination.
262.14 Conditions for exemption for a very
small quantity generator.
262.15 Satellite accumulation area
regulations for small and large quantity
generators.
262.16 Conditions for exemption for a small
quantity generator that accumulates
hazardous waste.
57993
262.17 Conditions for exemption for a large
quantity generator that accumulates
hazardous waste.
262.18 EPA identification numbers and renotification for small quantity generators
and large quantity generators.
§ 262.13 Generator category
determination.
(a) Monthly determination. A
generator’s category is determined each
month by the amount of hazardous
waste it generates and may change from
month to month. This section sets forth
procedures to determine whether a
generator is a very small quantity
generator, a small quantity generator, or
a large quantity generator for a
particular month, as defined in § 260.10
of this chapter.
(b) Generators of both acute and nonacute hazardous wastes. A generator
who generates both acute hazardous
waste and non-acute hazardous waste in
the same calendar month shall
determine its generator category for that
month by doing the following:
(1) Counting separately the total
amount of acute hazardous waste and
the total amount of non-acute hazardous
waste generated in the calendar month;
(2) Subtracting from each total any
amounts of waste exempt from counting
as described in paragraphs (c) and (d) of
this section;
(3) Determining separately the
resulting generator categories for the
quantities of acute and non-acute
hazardous waste generated; and
(4) Comparing the resulting generator
categories from paragraph (b)(3) of this
section and applying the more stringent
generator category to the accumulation
and management of both non-acute
hazardous waste and acute hazardous
waste generated for that month.
TABLE 1 TO § 262.13—GENERATOR CATEGORIES BASED ON QUANTITY OF WASTE GENERATED IN A CALENDAR MONTH
#
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
1
2
3
4
5
.....................
.....................
.....................
.....................
.....................
Quantity of acute hazardous
waste generated in a
calendar month
Quantity of non-acute
hazardous waste generated in
a calendar month
Quantity of residues from a
cleanup of acute hazardous
waste generated in a
calendar month
Generator category
> 1 kg .....................................
Any amount ............................
Any amount ............................
≤ 1 kg .....................................
≤ 1 kg .....................................
Any amount ............................
≥ 1,000 kg ..............................
Any amount ............................
> 100 kg and < 1,000 kg .......
≤ 100 kg .................................
Any amount ............................
Any amount ............................
> 100 kg .................................
≤ 100 kg .................................
≤ 100 kg .................................
Large quantity generator.
Large quantity generator.
Large quantity generator.
Small quantity generator.
Very small quantity generator.
(c) When making the monthly
quantity-based determinations required
by this part, the generator must include
all hazardous waste that it generates,
except hazardous waste that:
(1) Is exempt from regulation under
40 CFR 261.4(c) through (f), 261.6(a)(3),
261.7(a)(1), or 261.8;
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
(2) Is managed immediately upon
generation only in on-site elementary
neutralization units, wastewater
treatment units, or totally enclosed
treatment facilities as defined in 40 CFR
260.10;
(3) Is recycled, without prior storage
or accumulation, only in an on-site
PO 00000
Frm 00077
Fmt 4701
Sfmt 4702
process subject to regulation under 40
CFR 261.6(c)(2);
(4) Is used oil managed under the
requirements of 40 CFR 261.6(a)(4) and
40 CFR part 279;
(5) Is spent lead-acid batteries
managed under the requirements of 40
CFR part 266 subpart G;
E:\FR\FM\25SEP2.SGM
25SEP2
57994
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
(6) Is universal waste managed under
40 CFR 261.9 and 40 CFR part 273;
(7) Is a hazardous waste that is an
unused commercial chemical product
(listed in 40 CFR part 261 subpart D or
exhibiting one or more characteristics in
40 CFR part 261 subpart C) that is
generated solely as a result of a
laboratory clean-out conducted at an
eligible academic entity pursuant to
§ 262.213. For purposes of this
provision, the term eligible academic
entity shall have the meaning as defined
in § 262.200; or
(8) Is managed under an episodic
event in compliance with the conditions
of subpart L of this part.
(d) In determining the quantity of
hazardous waste generated in a calendar
month, a generator need not include:
(1) Hazardous waste when it is
removed from on-site accumulation; or
(2) Hazardous waste generated by onsite treatment (including reclamation) of
the generator’s hazardous waste, so long
as the hazardous waste that is treated
was previously counted once; or
(3) Spent materials that are generated,
reclaimed, and subsequently reused on
site, so long as such spent materials
have been previously counted once.
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
§ 262.14 Conditions for exemption for a
very small quantity generator.
(a) Hazardous waste generated by a
very small quantity generator is not
subject to the independent requirements
of this part, except the paragraphs of
§ 262.11 specified below or the
requirements of parts 124, 264 through
268, and 270 of this chapter, and the
notification requirements of section
3010 of RCRA. A very small quantity
generator may accumulate hazardous
waste on site without a permit or
interim status, and without complying
with all the independent requirements
of the above-mentioned parts and the
notification requirements of section
3010, provided that it meets all the
conditions for exemption listed in this
section:
(1) In a calendar month the very small
quantity generator generates less than or
equal to the amounts specified in the
definition of ‘‘very small quantity
generator’’ in § 260.10 of this chapter;
(2) The very small quantity generator
complies with § 262.11(a) through (d) of
this chapter;
(3) Accumulation conditions for
exemption—(i) Acute hazardous waste.
If the very small quantity generator
accumulates at any time greater than 1
kilogram (2.2 lbs) of acute hazardous
waste or 100 kilograms (220 lbs) of any
residue or contaminated soil, water, or
other debris resulting from the cleanup
of a spill, into or on any land or water,
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
of any acute hazardous waste listed in
§§ 261.31 or 261.33(e) of this chapter, all
quantities of that acute hazardous waste
are subject to full hazardous waste
regulation under parts 124, 262 through
268, and 270 of this chapter, and the
notification requirements of section
3010 of RCRA. The 90-day
accumulation time limit of § 262.17
begins on the date when the
accumulated wastes exceed the above
waste quantity limits;
(ii) Non-acute hazardous waste. If the
very small quantity generator
accumulates at any time 1,000 kilograms
(2,200 lbs) or greater of non-acute
hazardous waste, all quantities of that
hazardous waste are subject to full
hazardous waste regulation under parts
124, 262 through 268, and 270 of this
chapter, and the notification
requirements of section 3010 of RCRA.
The 180-day and 270-day accumulation
time limits of § 262.16 begin on the date
when the accumulated wastes equal or
exceed 1000 kilograms (2,200 lbs).
(4) A very small quantity generator
that accumulates hazardous waste
within the limits in paragraphs (a)(3)(i)
and (ii) of this section must either treat
or dispose of its hazardous waste in an
on-site facility or ensure delivery to an
off-site treatment, storage, or disposal
facility, either of which, if located in the
U.S., is:
(i) Permitted under part 270 of this
chapter;
(ii) In interim status under parts 270
and 265 of this chapter;
(iii) Authorized to manage hazardous
waste by a State with a hazardous waste
management program approved under
part 271 of this chapter;
(iv) Permitted, licensed, or registered
by a state to manage municipal solid
waste and, if managed in a municipal
solid waste landfill is subject to part 258
of this chapter;
(v) Permitted, licensed, or registered
by a state to manage non-municipal
non-hazardous waste and, if managed in
a non-municipal non-hazardous waste
disposal unit, is subject to the
requirements in §§ 257.5 through 257.30
of this chapter;
(vi) A facility which:
(A) Beneficially uses or reuses, or
legitimately recycles or reclaims its
waste; or
(B) Treats its waste prior to beneficial
use or reuse, or legitimate recycling or
reclamation;
(vii) For universal waste managed
under part 273 of this chapter, a
universal waste handler or destination
facility subject to the requirements of
part 273 of this chapter;
(viii) A large quantity generator under
the control of the same person as the
PO 00000
Frm 00078
Fmt 4701
Sfmt 4702
very small quantity generator, provided
the following conditions are met:
(A) The very small quantity generator
and the large quantity generator are
under the control of the same person as
defined in § 260.10 of this chapter.
‘‘Control,’’ for the purposes of this
section, means the power to direct the
policies of the generator site, whether by
the ownership of stock, voting rights, or
otherwise, except that contractors who
operate generator sites on behalf of a
different person as defined in § 260.10
of this chapter shall not be deemed to
‘‘control’’ such generator sites.
(B) The very small quantity generator
marks its container(s) of hazardous
waste with:
(1) The words ‘‘Very Small Quantity
Generator Hazardous Waste’’;
(2) Other words that identify the
contents of the containers (examples
may include, but are not limited to, the
name of the chemical(s), such as
‘‘acetone’’ or ‘‘methylene dichloride’’ or
the type or class of chemical, such as
‘‘organic solvents’’ or ‘‘halogenated
organic solvents’’ or, as applicable, the
proper shipping name and technical
name markings used to comply with
Department of Transportation
requirements at 49 CFR part 172 subpart
D);
(3) An indication of the hazards of the
contents (examples include, but are not
limited to, the applicable hazardous
waste characteristic(s) (i.e., ignitable,
corrosive, reactive, toxic); a hazard class
label consistent with the Department of
Transportation requirements at 49 CFR
part 172 subpart E (labeling); a label
consistent with the Occupational Safety
and Health Administration Hazard
Communication Standard at 29 CFR
1920.1200; a chemical hazard label
consistent with the National Fire
Protection Association code 704; a
hazard pictogram consistent with the
United Nations’ Globally Harmonized
System; or any other marking or labeling
commonly used nationwide in
commerce that identifies the nature of
the hazards associated with the contents
of the waste accumulation unit); and
(4) The applicable EPA hazardous
waste number(s) (hazardous waste
codes) in part 261 subparts C and D.
(b) Mixing hazardous waste with nonhazardous waste. A very small quantity
generator may mix listed or
characteristic hazardous waste with
non-hazardous waste and remain
eligible for the conditional exemption
applicable to a very small quantity
generator provided that either paragraph
(b)(1) or (2) of this section is met:
(1) The mixture does not exhibit any
of the characteristics of hazardous waste
E:\FR\FM\25SEP2.SGM
25SEP2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
identified in subpart C of part 261 of
this chapter; or
(2) If the mixture does exhibit one or
more characteristics of a hazardous
waste identified in subpart C of part 261
of this chapter, the mixture does not
cause the generator to exceed the very
small quantity generator calendar month
quantity limits identified in the
definition of very small quantity
generator at § 260.10 of this chapter. If
the mixture does exceed the quantity
limit for a very small quantity generator,
the very small quantity generator, to
remain exempt from the permitting and
interim status standards, must meet the
conditions for exemption applicable to
either a small quantity generator or large
quantity generator according to the
quantity of the hazardous waste it
generated in a calendar month,
including the resultant mixture and the
total quantity the very small quantity
generator accumulated on site.
(c) If a very small quantity generator’s
wastes are mixed with used oil, the
mixture is subject to 40 CFR part 279.
Any material produced from such a
mixture by processing, blending, or
other treatment is also regulated under
40 CFR part 279.
(d) The placement of bulk or noncontainerized liquid hazardous waste or
hazardous waste containing free liquids
(whether or not sorbents have been
added) in any landfill is prohibited.
(e) A very small quantity generator
experiencing an episodic event may
accumulate hazardous waste in
accordance with subpart L of this part
in lieu of §§ 262.15, 262.16, and 262.17.
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
§ 262.15 Satellite accumulation area
regulations for small and large quantity
generators.
(a) A generator may accumulate as
much as 55 gallons of non-acute
hazardous waste and/or one quart or 1
kg (2.2 lbs) of acute hazardous waste
listed in § 261.31 or § 261.33(e) of this
chapter in containers at or near any
point of generation where wastes
initially accumulate which is under the
control of the operator of the process
generating the waste, without a permit
or interim status and without complying
with § 262.16(b) or § 262.17(a) provided
the generator complies with the
following conditions for exemption:
(1) If a container holding hazardous
waste is not in good condition, or if it
begins to leak, the generator must
transfer the hazardous waste from this
container to a container that is in good
condition and does not leak, or transfer
and manage the waste in a central
accumulation area.
(2) The generator must use a container
made of or lined with materials that will
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
not react with, and are otherwise
compatible with, the hazardous waste to
be accumulated, so that the ability of the
container to contain the waste is not
impaired.
(3) Special standards for incompatible
wastes.
(i) Incompatible wastes, or
incompatible wastes and materials, (see
appendix V of part 265 for examples)
must not be placed in the same
container, unless § 265.17(b) of this
chapter is complied with.
(ii) Hazardous waste must not be
placed in an unwashed container that
previously held an incompatible waste
or material (see appendix V of part 265
for examples), unless § 265.17(b) of this
chapter is complied with.
(iii) A container holding a hazardous
waste that is incompatible with any
waste or other materials accumulated
nearby in other containers, piles, open
tanks, or surface impoundments must be
separated from the other materials or
protected from them by means of a dike,
berm, wall, or other device.
(4) A container holding hazardous
waste must be closed at all times during
accumulation, except:
(i) When adding, removing, or
consolidating waste, or
(ii) When venting of a container is
necessary
(A) For the proper operation of
equipment, or
(B) To prevent dangerous situations,
such as build-up of extreme pressure.
(5) A generator must mark its
container with the following:
(i) The words ‘‘Hazardous Waste,’’
and
(ii) Other words that identify the
contents of the containers (examples
may include, but are not limited to the
name of the chemical(s), such as
‘‘acetone’’ or ‘‘methylene dichloride’’; or
the type or class of chemical, such as
‘‘organic solvents’’ or ‘‘halogenated
organic solvents’’ or, as applicable, the
proper shipping name and technical
name markings used to comply with
Department of Transportation
requirements at 49 CFR part 172 subpart
D); and
(iii) An indication of the hazards of
the contents. (examples include, but are
not limited to, the applicable hazardous
waste characteristic(s) (i.e., ignitable,
corrosive, reactive, toxic); a hazard class
label consistent with the Department of
Transportation requirements at 49 CFR
part 172 subpart E (labeling); a label
consistent with the Occupational Safety
and Health Administration Hazard
Communication Standard at 29 CFR
1920.1200; a chemical hazard label
consistent with the National Fire
Protection Association code 704; or a
PO 00000
Frm 00079
Fmt 4701
Sfmt 4702
57995
hazard pictogram consistent with the
United Nations’ Globally Harmonized
System; or any other marking or labeling
commonly used nationwide in
commerce that identifies the nature of
the hazards associated with the contents
of the waste accumulation unit).
(6) A generator who accumulates
either non-acute hazardous waste or
acute hazardous waste listed in § 261.31
or § 261.33(e) of this chapter in excess
of the amounts listed in paragraph (a) of
this section at or near any point of
generation must do the following:
(i) Remove the excess from the
satellite accumulation area within three
calendar days to either
(A) A central accumulation area;
(B) An on-site interim status or
permitted treatment, storage, or disposal
facility, or
(C) An off-site designated facility.
(ii) During the three-calendar-day
period the generator must continue to
comply with paragraphs (a)(1) through
(5) of this section. The generator must
mark the container(s) holding the excess
accumulation of hazardous waste with
the date the excess amount began
accumulating.
§ 262.16 Conditions for exemption for a
small quantity generator that accumulates
hazardous waste.
A small quantity generator may
accumulate hazardous waste on-site
without a permit or interim status, and
without complying with the
independent requirements of parts 124,
264 through 268, and 270 of this
chapter, provided that all the conditions
for exemption listed in this section are
met:
(a) Generation. The generator
generates in a calendar month no more
than the amounts specified in the
definition of ‘‘small quantity generator’’
in § 260.10 of this chapter.
(b) Accumulation. The generator
accumulates hazardous waste on site for
no more than 180 days, unless in
compliance with the conditions for
exemption for longer accumulation in
paragraphs (c) and (d) of this section.
The following accumulation conditions
also apply:
(1) Accumulation limit. The quantity
of hazardous waste accumulated on site
never exceeds 6,000 kilograms (13,200
pounds);
(2) Accumulation in containers—(i)
Condition of containers. If a container
holding hazardous waste is not in good
condition, or if it begins to leak, the
small quantity generator must transfer
the hazardous waste from this container
to a container that is in good condition,
or manage the waste in some other way
that complies with the conditions for
exemption of this section.
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
57996
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
(ii) Compatibility of waste with
container. The small quantity generator
must use a container made of or lined
with materials that will not react with,
and are otherwise compatible with, the
hazardous waste to be accumulated, so
that the ability of the container to
contain the waste is not impaired.
(iii) Management of containers. (A) A
container holding hazardous waste must
always be closed during accumulation,
except when it is necessary to add or
remove waste.
(B) A container holding hazardous
waste must not be opened, handled, or
accumulated in a manner that may
rupture the container or cause it to leak.
(iv) Inspections. At least weekly, the
small quantity generator must inspect
central accumulation areas. The small
quantity generator must look for leaking
containers and for deterioration of
containers caused by corrosion or other
factors. See paragraph (a)(2)(i) of this
section for remedial action required if
deterioration or leaks are detected.
(v) Special conditions for
accumulation of incompatible wastes.
(A) Incompatible wastes, or
incompatible wastes and materials, (see
appendix V of part 265 for examples)
must not be placed in the same
container, unless § 265.17(b) of this
chapter is complied with.
(B) Hazardous waste must not be
placed in an unwashed container that
previously held an incompatible waste
or material (see appendix V of part 265
for examples), unless § 265.17(b) of this
chapter is complied with.
(C) A container accumulating
hazardous waste that is incompatible
with any waste or other materials
accumulated or stored nearby in other
containers, piles, open tanks, or surface
impoundments must be separated from
the other materials or protected from
them by means of a dike, berm, wall, or
other device.
(3) Accumulation in tanks.
(i) [Reserved]
(ii) A small quantity generator of
hazardous waste must comply with the
following general operating conditions:
(A) Treatment or accumulation of
hazardous waste in tanks must comply
with § 265.17(b) of this chapter.
(B) Hazardous wastes or treatment
reagents must not be placed in a tank if
they could cause the tank or its inner
liner to rupture, leak, corrode, or
otherwise fail before the end of its
intended life.
(C) Uncovered tanks must be operated
to ensure at least 60 centimeters (2 feet)
of freeboard, unless the tank is equipped
with a containment structure (e.g., dike
or trench), a drainage control system, or
a diversion structure (e.g., standby tank)
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
with a capacity that equals or exceeds
the volume of the top 60 centimeters (2
feet) of the tank.
(D) Where hazardous waste is
continuously fed into a tank, the tank
must be equipped with a means to stop
this inflow (e.g., waste feed cutoff
system or by-pass system to a stand-by
tank).
(iii) Except as noted in paragraph
(a)(3)(iv) of this section, a small quantity
generator that accumulates hazardous
waste in tanks must inspect, where
present:
(A) Discharge control equipment (e.g.,
waste feed cutoff systems, by-pass
systems, and drainage systems) at least
once each operating day, to ensure that
it is in good working order;
(B) Data gathered from monitoring
equipment (e.g., pressure and
temperature gauges) at least once each
operating day to ensure that the tank is
being operated according to its design;
(C) The level of waste in the tank at
least once each operating day to ensure
compliance with paragraph (a)(3)(ii)(C)
of this section;
(D) The construction materials of the
tank at least weekly to detect corrosion
or leaking of fixtures or seams; and
(E) The construction materials of, and
the area immediately surrounding,
discharge confinement structures (e.g.,
dikes) at least weekly to detect erosion
or obvious signs of leakage (e.g., wet
spots or dead vegetation). As required
by § 265.15(c) of this chapter, the small
quantity generator must remedy any
deterioration or malfunction it finds.
(iv) A small quantity generator
accumulating hazardous waste in tanks
or tank systems that have full secondary
containment and that either use leak
detection equipment to alert personnel
to leaks, or implement established
workplace practices to ensure leaks are
promptly identified, must inspect at
least weekly, where applicable, the
areas identified in paragraphs
(a)(3)(iii)(A) through (E) of this section.
Use of the alternate inspection schedule
must be documented in the site’s
operating record. This documentation
must include a description of the
established workplace practices at the
site.
(v) [Reserved.]
(vi) A small quantity generator
accumulating hazardous waste in tanks
must, upon closure of the site, remove
all hazardous waste from tanks,
discharge control equipment, and
discharge confinement structures. At
closure, as throughout the operating
period, unless the small quantity
generator can demonstrate, in
accordance with § 261.3(c) or (d) of this
chapter, that any solid waste removed
PO 00000
Frm 00080
Fmt 4701
Sfmt 4702
from its tank is not a hazardous waste,
then it must manage such waste in
accordance with all applicable
provisions of parts 262, 263, and 265 of
this chapter.
(vii) A small quantity generator must
comply with the following special
conditions for accumulation of ignitable
or reactive waste:
(A) Ignitable or reactive waste must
not be placed in a tank, unless:
(1) The waste is treated, rendered, or
mixed before or immediately after
placement in a tank so that the resulting
waste, mixture, or dissolution of
material no longer meets the definition
of ignitable or reactive waste under
§ 261.21 or 261.23 of this chapter and
§ 265.17(b) of this chapter is complied
with; or
(2) The waste is accumulated or
treated in such a way that it is protected
from any material or conditions that
may cause the waste to ignite or react;
or
(3) The tank is used solely for
emergencies.
(B) A small quantity generator which
treats or accumulates ignitable or
reactive waste in covered tanks must
comply with the buffer zone
requirements for tanks contained in
Tables 2–1 through 2–6 of the National
Fire Protection Association’s
‘‘Flammable and Combustible Liquids
Code,’’ (1977 or 1981) (incorporated by
reference, see § 260.11).
(C) A small quantity generator must
comply with the following special
conditions for incompatible wastes:
(1) Incompatible wastes, or
incompatible wastes and materials, (see
part 265 appendix V for examples) must
not be placed in the same tank, unless
§ 265.17(b) of this chapter is complied
with.
(2) Hazardous waste must not be
placed in an unwashed tank that
previously held an incompatible waste
or material, unless § 265.17(b) of this
chapter is complied with.
(4) Accumulation of hazardous waste
on drip pads. A small quantity generator
may accumulate hazardous waste on
drip pads for 90 days or less without a
permit or without having interim status
provided that it complies with 40 CFR
part 265 subpart W. The generator must
maintain at the facility the following
records by use of inventory logs,
monitoring equipment, or any other
effective means:
(i) A written description of
procedures that will identify the date
hazardous waste first entered the drip
pad and ensure that all wastes are
removed from the drip pad and
associated collection system at least
once every 90 days; and
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
(ii) Documentation of each waste
removal, including the quantity of waste
removed from the drip pad and the
sump or collection system and the date
and time of removal.
(5) Accumulation of hazardous waste
in containment buildings. A small
quantity generator may accumulate
hazardous waste in containment
buildings for 90 days or less without a
permit or without having interim status
provided that it complies with 40 CFR
part 265 subpart DD. The generator must
also maintain the following records by
use of inventory logs, monitoring
equipment records, or any other
effective means:
(i) The professional engineer
certification that the building complies
with the design standards specified in
40 CFR 265.1101. This certification
must be in the facility’s operating record
prior to operation of the unit; and
(ii) A written description of
procedures to ensure that each waste
volume remains in the unit for no more
than 90 days, a written description of
the waste generation and management
practices for the site showing that they
are consistent with maintaining the 90
day limit, and documentation that the
procedures are complied with; or
(iii) Documentation that the unit is
emptied at least once every 90 days.
(6) Labeling and marking of
containers, tanks, drip pads, and
containment buildings. (i) A small
quantity generator must mark its
containers with the following:
(A) The words ‘‘Hazardous Waste’’;
(B) Other words that identify the
contents of the containers (examples
may include, but are not limited to, the
name of the chemical(s), such as
‘‘acetone’’ or ‘‘methylene dichloride’’; or
the type or class of chemical, such as
‘‘organic solvents’’ or ‘‘halogenated
organic solvents or, as applicable, the
proper shipping name and technical
name markings used to comply with
Department of Transportation
requirements at 49 CFR part 172 subpart
D);’’
(C) An indication of the hazards of the
contents (examples include, but are not
limited to, the applicable hazardous
waste characteristic(s) (i.e., ignitable,
corrosive, reactive, toxic); a hazard class
label consistent with the Department of
Transportation requirements at 49 CFR
part 172 subpart E (labeling); a label
consistent with the Occupational Safety
and Health Administration Hazard
Communication Standard at 29 CFR
1920.1200; a chemical hazard label
consistent with the National Fire
Protection Association code 704; a
hazard pictogram consistent with the
United Nations’ Globally Harmonized
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
System; or any other marking or labeling
commonly used nationwide in
commerce that identifies the nature of
the hazards associated with the contents
of the waste accumulation unit); and
(D) The date upon which each period
of accumulation begins clearly visible
for inspection on each container.
(ii) A small quantity generator
accumulating hazardous waste in tanks,
drip pads and containment buildings
must do the following:
(A) Mark or label its waste
accumulation units with the words
‘‘Hazardous Wastes.’’ In the case of
hazardous wastes accumulated in drip
pads and containment buildings,
generators must label their drip pads
and containment buildings with the
words ‘‘Hazardous Wastes’’ in a
conspicuous place easily visible to
employees, visitors, emergency
responders, waste handlers, or other
persons on site;
(B) Use inventory logs, monitoring
equipment, or records to identify the
contents of the tank, drip pad or
containment building and its associated
hazards;
(C) Use inventory logs, monitoring
equipment or records to identify the
date upon which each period of
accumulation begins; and
(D) Keep inventory logs or records
with the above information in close
proximity to the tank, drip pad, or
containment building.
(7) Land disposal restrictions. The
generator complies with all the
applicable requirements under 40 CFR
part 268.
(8) Preparedness and prevention—(i)
Maintenance and operation of site. A
small quantity generator must maintain
and operate its site to minimize the
possibility of a fire, explosion, or any
unplanned sudden or non-sudden
release of hazardous waste or hazardous
waste constituents to air, soil, or surface
water which could threaten human
health or the environment.
(ii) Required equipment. All areas
where hazardous waste is either
generated or accumulated must be
equipped with the items in paragraphs
(b)(8)(ii)(A) through (D) of this section
(unless none of the hazards posed by
waste handled at the site could require
a particular kind of equipment specified
below or the actual waste generation or
accumulation area does not lend itself
for safety reasons to have a particular
kind of equipment specified below). A
small quantity generator may determine
the most appropriate locations within
its generator site to locate equipment
necessary to prepare for and respond to
emergencies.
PO 00000
Frm 00081
Fmt 4701
Sfmt 4702
57997
(A) An internal communications or
alarm system capable of providing
immediate emergency instruction (voice
or signal) to site personnel;
(B) A device, such as a telephone
(immediately available at the scene of
operations) or a hand-held two-way
radio, capable of summoning emergency
assistance from local police
departments, fire departments, or State
or local emergency response teams;
(C) Portable fire extinguishers, fire
control equipment (including special
extinguishing equipment, such as that
using foam, inert gas, or dry chemicals),
spill control equipment, and
decontamination equipment; and
(D) Water at adequate volume and
pressure to supply water hose streams,
or foam producing equipment, or
automatic sprinklers, or water spray
systems.
(iii) Testing and maintenance of
equipment. All communications or
alarm systems, fire protection
equipment, spill control equipment, and
decontamination equipment, where
required, must be tested and maintained
as necessary to assure its proper
operation in time of emergency.
(iv) Access to communications or
alarm system. (A) Whenever hazardous
waste is being poured, mixed, spread, or
otherwise handled, all personnel
involved in the operation must have
immediate access (e.g., direct or
unimpeded access) to an internal alarm
or emergency communication device,
either directly or through visual or voice
contact with another employee, unless
such a device is not required under
paragraph (a)(8)(ii) of this section.
(B) In the event there is just one
employee on the premises while the site
is operating, the employee must have
immediate access (e.g., direct or
unimpeded access) to a device, such as
a telephone (immediately available at
the scene of operation) or a hand-held
two-way radio, capable of summoning
external emergency assistance, unless
such a device is not required under
paragraph (a)(8)(ii) of this section.
(v) Required aisle space. The small
quantity generator must maintain aisle
space to allow the unobstructed
movement of personnel, fire protection
equipment, spill control equipment, and
decontamination equipment to any area
of site operation in an emergency,
unless aisle space is not needed for any
of these purposes.
(vi) Arrangements with local
authorities. (A) The small quantity
generator must make arrangements with
the Local Emergency Planning
Committee for the types and quantities
of hazardous waste handled at the site,
as well as the potential need for the
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
57998
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
services of the local police department,
other emergency response teams,
emergency response contractors,
equipment suppliers and local
hospitals. Should there be no Local
Emergency Planning Committee, should
it not respond, or should the Local
Emergency Planning Committee
determine that it is not the appropriate
organization to make arrangements
with, then the small quantity generator
must make arrangements with the local
fire department and other relevant
emergency responders, (e.g., police and
hospitals).
(1) A small quantity generator that
must make arrangements with its local
fire department must determine the
potential need for the services of the
local police department, other
emergency response teams, emergency
response contractors, equipment
suppliers and local hospitals.
(2) As part of this coordination, the
small quantity generator shall make
arrangements, as necessary, to
familiarize the above organizations with
the layout of the site, the properties of
hazardous waste handled at the site and
associated hazards, places where site
personnel would normally be working,
entrances to roads inside the site, and
possible evacuation routes as well as the
types of injuries or illnesses that could
result from fires, explosions, or releases
at the site.
(3) Where more than one police or fire
department might respond to an
emergency, the small quantity generator
shall enter into agreements designating
primary emergency authority to a
specific fire or police department, and
agreements with any others to provide
support to the primary emergency
authority.
(B) A small quantity generator shall
maintain records documenting the
arrangements with the Local Emergency
Planning Committee, or if appropriate,
with the local fire department as well as
any other organization necessary to
respond to an emergency. This
documentation must include a certified
letter or any other documentation that
confirms such arrangements actively
exist.
(9) Emergency procedures. The small
quantity generator complies with the
following conditions for those areas of
the generator site where hazardous
waste is generated and accumulated:
(i) At all times there must be at least
one employee either on the premises or
on call (i.e., available to respond to an
emergency by reaching the site within a
short period of time) with the
responsibility for coordinating all
emergency response measures specified
in paragraph (b)(9)(iv) of this section.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
This employee is the emergency
coordinator.
(ii) The small quantity generator must
post the following information next to
telephones or in areas directly involved
in the generation and accumulation of
hazardous waste:
(A) The name and emergency
telephone number of the emergency
coordinator;
(B) Location of fire extinguishers and
spill control material, and, if present,
fire alarm; and
(C) The telephone number of the fire
department, unless the site has a direct
alarm.
(iii) The small quantity generator
must ensure that all employees are
thoroughly familiar with proper waste
handling and emergency procedures,
relevant to their responsibilities during
normal site operations and emergencies;
(iv) The emergency coordinator or his
designee must respond to any
emergencies that arise. The applicable
responses are as follows:
(A) In the event of a fire, call the fire
department or attempt to extinguish it
using a fire extinguisher;
(B) In the event of a spill, the small
quantity generator is responsible for
containing the flow of hazardous waste
to the extent possible, and as soon as is
practicable, cleaning up the hazardous
waste and any contaminated materials
or soil. Such containment and cleanup
can be conducted either by the small
quantity generator or by a contractor on
behalf of the small quantity generator;
(C) In the event of a fire, explosion,
or other release that could threaten
human health outside the site or when
the small quantity generator has
knowledge that a spill has reached
surface water, the small quantity
generator must immediately notify the
National Response Center (using their
24-hour toll free number 800/424–8802).
The report must include the following
information:
(1) The name, address, and U.S. EPA
Identification Number of the small
quantity generator;
(2) Date, time, and type of incident
(e.g., spill or fire);
(3) Quantity and type of hazardous
waste involved in the incident;
(4) Extent of injuries, if any; and
(5) Estimated quantity and disposition
of recovered materials, if any.
(c) Mixing hazardous waste with nonhazardous waste. A small quantity
generator may mix its hazardous waste
with non-hazardous waste and remain
eligible for the conditional exemption
applicable to a small quantity generator
provided that either paragraph (c)(1) or
(2) of this section is met.
(1) The mixture is not a hazardous
waste according to the mixture rules in
PO 00000
Frm 00082
Fmt 4701
Sfmt 4702
§§ 261.3(a)(2)(iv), (b)(2) and (3), and
(g)(2)(i); or
(2) If the mixture is a hazardous
waste, the mixture does not cause the
generator to exceed the small quantity
generator quantity limits for a calendar
month, as identified in the definition of
small quantity generator at § 260.10 of
this chapter. If the mixture does exceed
the small quantity generator quantity
limits, a small quantity generator, to
remain exempt from the permitting and
interim status standards, must meet the
conditions for exemption applicable to
a large quantity generator.
(d) Transporting over 200 miles. A
small quantity generator who must
transport its waste, or offer its waste for
transportation, over a distance of 200
miles or more for off-site treatment,
storage or disposal may accumulate
hazardous waste on site for 270 days or
less without a permit or without having
interim status provided that the
generator complies with the conditions
of paragraph (a) of this section.
(e) Accumulation time limit
extension. A small quantity generator
who accumulates hazardous waste for
more than 180 days (or for more than
270 days if it must transport its waste,
or offer its waste for transportation, over
a distance of 200 miles or more) is an
operator of a storage facility and is
subject to the requirements of 40 CFR
parts 264, 265, 267, 268, and 270 and
the permit requirements of 40 CFR part
270 unless it has been granted an
extension to the 180-day (or 270-day if
applicable) period. Such extension may
be granted by EPA if hazardous wastes
must remain on site for longer than 180
days (or 270 days if applicable) due to
unforeseen, temporary, and
uncontrollable circumstances. An
extension of up to 30 days may be
granted at the discretion of the Regional
Administrator on a case-by-case basis.
(f) Rejected load. A small quantity
generator who sends a shipment of
hazardous waste to a designated facility
with the understanding that the
designated facility can accept and
manage the waste and later receives that
shipment back as a rejected load or
residue in accordance with the manifest
discrepancy provisions of § 264.72 or
265.72 of this chapter may accumulate
the returned waste on site in accordance
with paragraphs (a), (c), and (d) of this
section. Upon receipt of the returned
shipment, the generator must:
(i) Sign Item 18c of the manifest, if the
transporter returned the shipment using
the original manifest; or
(ii) Sign Item 20 of the manifest, if the
transporter returned the shipment using
a new manifest.
E:\FR\FM\25SEP2.SGM
25SEP2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
(g) A small quantity generator
experiencing an episodic event may
accumulate hazardous waste in
accordance with subpart L of this part
in lieu of § 262.17.
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
§ 262.17 Conditions for exemption for a
large quantity generator that accumulates
hazardous waste.
A large quantity generator may
accumulate hazardous waste on-site
without a permit or interim status, and
without complying with the
independent requirements of parts 124,
264 through 268, and 270 of this
chapter, provided that all of the
conditions for exemption listed in this
section are met:
(a) Accumulation. A large quantity
generator accumulates hazardous waste
on site for no more than 90 days, unless
in compliance with the accumulation
time limit extension or F006
accumulation conditions for exemption
in § 262.17(b) through (e). The following
accumulation conditions also apply:
(1) Accumulation in containers. If the
hazardous waste is placed in containers,
the large quantity generator must
comply with the following:
(i) Air emission standards. The
applicable requirements of subparts AA,
BB, and CC of 40 CFR part 265;
(ii) Condition of containers. If a
container holding hazardous waste is
not in good condition, or if it begins to
leak, the large quantity generator must
transfer the hazardous waste from this
container to a container that is in good
condition, or manage the waste in some
other way that complies with the
conditions for exemption of this section;
(iii) Compatibility of waste with
container. The large quantity generator
must use a container made of or lined
with materials that will not react with,
and are otherwise compatible with, the
hazardous waste to be stored, so that the
ability of the container to contain the
waste is not impaired;
(iv) Management of containers. (A) A
container holding hazardous waste must
always be closed during accumulation,
except when it is necessary to add or
remove waste.
(B) A container holding hazardous
waste must not be opened, handled, or
stored in a manner that may rupture the
container or cause it to leak.
(v) Inspections. At least weekly, the
large quantity generator must inspect
central accumulation areas. The large
quantity generator must look for leaking
containers and for deterioration of
containers caused by corrosion or other
factors. See paragraph (a)(1)(ii) of this
section for remedial action required if
deterioration or leaks are detected.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
(vi) Special conditions for
accumulation of ignitable and reactive
wastes. (A) Containers holding ignitable
or reactive waste must be located at
least 15 meters (50 feet) from the site’s
property line unless a written waiver is
obtained from the local fire department
allowing hazardous waste accumulation
to occur within this restricted area.
Record of this approval must be
maintained as long as ignitable or
reactive hazardous waste is
accumulated in this area.
(B) The large quantity generator must
take precautions to prevent accidental
ignition or reaction of ignitable or
reactive waste. This waste must be
separated and protected from sources of
ignition or reaction including but not
limited to the following: open flames,
smoking, cutting and welding, hot
surfaces, frictional heat, sparks (static,
electrical, or mechanical), spontaneous
ignition (e.g., from heat-producing
chemical reactions), and radiant heat.
While ignitable or reactive waste is
being handled, the large quantity
generator must confine smoking and
open flame to specially designated
locations. ‘‘No Smoking’’ signs must be
conspicuously placed wherever there is
a hazard from ignitable or reactive
waste.
(vii) Special conditions for
accumulation of incompatible wastes.
(A) Incompatible wastes, or
incompatible wastes and materials, (see
appendix V of part 265 for examples)
must not be placed in the same
container, unless § 265.17(b) of this
chapter is complied with.
(B) Hazardous waste must not be
placed in an unwashed container that
previously held an incompatible waste
or material (see appendix V of part 265
for examples), unless § 265.17(b) of this
chapter is complied with.
(C) A container holding a hazardous
waste that is incompatible with any
waste or other materials accumulated or
stored nearby in other containers, piles,
open tanks, or surface impoundments
must be separated from the other
materials or protected from them by
means of a dike, berm, wall, or other
device.
(2) Accumulation in tanks. If the
waste is placed in tanks, the large
quantity generator must comply with
the applicable requirements of subparts
J, AA, BB, and CC of 40 CFR part 265
except § 265.197(c) of Closure and postclosure care and § 265.200—Waste
analysis and trial tests.
(3) Accumulation on drip pads. If the
waste is placed on drip pads, the large
quantity generator must comply with
subpart W of 40 CFR part 265 and
maintain at the facility the following
PO 00000
Frm 00083
Fmt 4701
Sfmt 4702
57999
records by use of inventory logs,
monitoring equipment records, or any
other effective means:
(i) A written description of
procedures that will identify the date
hazardous waste first entered the drip
pad and ensure that all wastes are
removed from the drip pad and
associated collection system at least
once every 90 days; and
(ii) Documentation of each waste
removal, including the quantity of waste
removed from the drip pad and the
sump or collection system and the date
and time of removal.
(4) Accumulation in Containment
Buildings. (i) If the waste is placed in
containment buildings, the large
quantity generator must comply with
subpart DD of 40 CFR part 265 and must
place its professional engineer
certification that the building complies
with the design standards specified in
40 CFR 265.1101 in the generator’s files
prior to operation of the unit.
(ii) The large quantity generator shall
maintain the following records by use of
inventory logs, monitoring equipment
records, or any other effective means:
(A) A written description of
procedures to ensure that each waste
volume remains in the unit for no more
than 90 days, a written description of
the waste generation and management
practices for the site showing that they
are consistent with respecting the 90
day limit, and documentation that the
procedures are complied with; or
(B) Documentation that the unit is
emptied at least once every 90 days.
(5) Labeling and marking of
containers, tanks, drip pads, and
containment buildings—(i) Containers.
A large quantity generator must mark its
containers with the following:
(A) The words ‘‘Hazardous Waste’’;
(B) Other words that identify the
contents of the containers (examples
may include, but are not limited to the
name of the chemical(s), such as
‘‘acetone’’ or ‘‘methylene dichloride’’; or
the type or class of chemical, such as
‘‘organic solvents’’ or ‘‘halogenated
organic solvents or, as applicable, the
proper shipping name and technical
name markings used to comply with
Department of Transportation
requirements at 49 CFR part 172 subpart
D)’’;
(C) An indication of the hazards of the
contents (examples include, but are not
limited to, the applicable hazardous
waste characteristic(s) (i.e., ignitable,
corrosive, reactive, toxic); a hazard class
label consistent with the Department of
Transportation requirements at 49 CFR
part 172 subpart E (labeling); a label
consistent with the Occupational Safety
and Health Administration Hazard
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
58000
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
Communication Standard at 29 CFR
1920.1200; a chemical hazard label
consistent with the National Fire
Protection Association code 704; a
hazard pictogram consistent with the
United Nations’ Globally Harmonized
System; or any other marking or labeling
commonly used nationwide in
commerce that identifies the nature of
the hazards associated with the contents
of the waste accumulation unit); and
(D) The date upon which each period
of accumulation begins clearly visible
for inspection on each container.
(ii) Tanks, drip pads, and
containment buildings. A large quantity
generator accumulating hazardous waste
in tanks, drip pads, and containment
buildings must do the following:
(A) Mark or label its waste
accumulation units with the words
‘‘Hazardous Waste.’’ In the case of
hazardous wastes accumulated in drip
pads and containment buildings,
generators must label their drip pads
and containment buildings with the
words ‘‘Hazardous Waste’’ in a
conspicuous place easily visible to
employees, visitors, emergency
responders, waste handlers, etc.
(B) Use inventory logs, monitoring
equipment, or records to identify the
contents of the tank, drip pad or
containment building and its associated
hazards.
(C) Use inventory logs, monitoring
equipment or records to identify the
date upon which each period of
accumulation begins; and
(D) Keep inventory logs or records
with the above information in close
proximity to the tank, drip pad, or
containment building.
(6) Emergency procedures. The large
quantity generator complies with the
standards in subpart M of this part,
Preparedness, Prevention and
Emergency Procedures for Large
Quantity Generators.
(7) Personnel training. (i)(A) Site
personnel must successfully complete a
program of classroom instruction,
online training, or on-the-job training
that teaches them to perform their
duties in a way that ensures compliance
with this part. The large quantity
generator must ensure that this program
includes all the elements described in
the document required under paragraph
(a)(7)(iv) of this section.
(B) This program must be directed by
a person trained in hazardous waste
management procedures, and must
include instruction which teaches site
personnel hazardous waste management
procedures (including contingency plan
implementation) relevant to the
positions in which they are employed.
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
(C) At a minimum, the training
program must be designed to ensure that
site personnel are able to respond
effectively to emergencies by
familiarizing them with emergency
procedures, emergency equipment, and
emergency systems, including where
applicable:
(1) Procedures for using, inspecting,
repairing, and replacing site emergency
and monitoring equipment;
(2) Key parameters for automatic
waste feed cut-off systems;
(3) Communications or alarm systems;
(4) Response to fires or explosions;
(5) Response to ground-water
contamination incidents; and
(6) Shutdown of operations.
(D) For site employees that receive
emergency response training pursuant
to Occupational Safety and Health
Administration regulations 29 CFR
1910.120(p)(8) and 1910.120(q), the
large quantity generator is not required
to provide separate emergency response
training pursuant to this section,
provided that the overall site training
meets all the conditions of exemption in
this section.
(ii) Site personnel must successfully
complete the program required in
paragraph (a)(7)(i) of this section within
six months after the effective date of
these regulations or six months after the
date of their employment or assignment
to the site, or to a new position at the
site, whichever is later. Employees hired
after the effective date of these
regulations must not work in
unsupervised positions until they have
completed the training standards of
paragraph (a)(7)(i) of this section.
(iii) Site personnel must take part in
an annual review of the initial training
required in paragraph (a)(7)(i) of this
section.
(iv) The large quantity generator must
maintain the following documents and
records at the site:
(A) The job title for each position at
the site related to hazardous waste
management, and the name of the
employee filling each job;
(B) A written job description for each
position listed under paragraph
(a)(7)(iv)(A) of this section. This
description may be consistent in its
degree of specificity with descriptions
for other similar positions in the same
company location or bargaining unit,
but must include the requisite skill,
education, or other qualifications, and
duties of site personnel assigned to each
position;
(C) A written description of the type
and amount of both introductory and
continuing training that will be given to
each person filling a position listed
PO 00000
Frm 00084
Fmt 4701
Sfmt 4702
under paragraph (a)(7)(iv)(A) of this
section;
(D) Records that document that the
training or job experience, required
under paragraphs (a)(7)(i), (ii), and (iii)
of this section, has been given to, and
completed by, site personnel.
(v) Training records on current
personnel must be kept until closure of
the site. Training records on former
employees must be kept for at least
three years from the date the employee
last worked at the site. Personnel
training records may accompany
personnel transferred within the same
company.
(8) Closure. A large quantity generator
accumulating hazardous wastes in
containers, tanks, drip pads, and
containment buildings, prior to closing
a unit that accumulates hazardous waste
at the site or prior to closing the site
must meet the following conditions:
(i) Notification. (A) Notify EPA no
later than 30 days prior to closing a unit
that accumulates hazardous waste at the
site or prior to closing the site.
(B) Notify EPA within 90 days after
closure of a unit that accumulates
hazardous waste at the site or prior to
closing the site that it has either clean
closed (e.g., complied with the
applicable closure performance
standards of § 262.17(a)(8)(ii)) or, if it
cannot clean close, notify as a landfill
under § 265.310 of this chapter.
(ii) Closure performance standards.
(A) At closure, the generator must close
the waste accumulation unit or site in
a manner that:
(1) Minimizes the need for further
maintenance by controlling,
minimizing, or eliminating, to the extent
necessary to protect human health and
the environment, the post-closure
escape of hazardous waste, hazardous
constituents, leachate, contaminated
run-off, or hazardous waste
decomposition products to the ground
or surface waters or to the atmosphere,
(2) Properly disposes of or
decontaminates all contaminated
equipment, structures and soil and any
remaining hazardous waste residues
from waste accumulation units
including containment system
components (pads, liners, etc.),
contaminated soils and subsoils, bases,
and structures and equipment
contaminated with waste. Any
hazardous waste residues remaining in
the unit(s) being closed must be
removed from the unit(s). Any leakage
must also be decontaminated or
removed and managed as a hazardous
waste unless § 261.3(d) of this chapter
applies.
(3) Any hazardous waste generated in
the process of closing either the
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
generator’s site or unit(s) accumulating
hazardous waste must be managed in
accordance with all applicable
standards of parts 260 through 270 of
this chapter, including removing any
hazardous waste contained in these
units within 90 days of generating it and
managing these wastes in a RCRA
Subtitle C hazardous waste permitted
treatment, storage and disposal facility
or interim status facility.
(4) If the generator demonstrates that
any contaminated soils and wastes
cannot be practicably removed or
decontaminated as required in
paragraph (a)(8)(ii)(A)(2) of this section,
then the waste accumulation unit is
considered to be a landfill and the
generator must close the waste
accumulation unit and perform postclosure care in accordance with the
closure and post-closure care
requirements that apply to landfills
(§ 265.310 of this chapter). In addition,
for the purposes of closure, post-closure,
and financial responsibility, such a
waste accumulation unit is then
considered to be a landfill, and the
generator must meet all of the
requirements for landfills specified in
subparts G and H of part 265 of this
chapter.
(9) Land disposal restrictions. The
large quantity generator complies with
all applicable requirements under 40
CFR part 268.
(b) Accumulation time limit
extension. A large quantity generator
who accumulates hazardous waste for
more than 90 days is an operator of a
storage facility and is subject to the
requirements of 40 CFR parts 264, 265,
267, and 268, and the permit
requirements of 40 CFR part 270 unless
it has been granted an extension to the
90-day period. Such extension may be
granted by EPA if hazardous wastes
must remain on site for longer than 90
days due to unforeseen, temporary, and
uncontrollable circumstances. An
extension of up to 30 days may be
granted at the discretion of the Regional
Administrator on a case-by-case basis.
(c) Accumulation of F006. A large
quantity generator who also generates
wastewater treatment sludges from
electroplating operations that meet the
listing description for the EPA
hazardous waste number F006, may
accumulate F006 waste on site for more
than 90 days, but not more than 180
days without a permit or without having
interim status provided that it complies
with all of the following conditions:
(1) The large quantity generator has
implemented pollution prevention
practices that reduce the amount of any
hazardous substances, pollutants, or
contaminants entering F006 or
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
otherwise released to the environment
prior to its recycling;
(2) The F006 waste is legitimately
recycled through metals recovery;
(3) No more than 20,000 kilograms of
F006 waste is accumulated on site at
any one time; and
(4) The F006 waste is managed in
accordance with the following:
(i)(A) If the F006 waste is placed in
containers, the large quantity generator
must comply with the applicable
conditions for exemption in
§ 262.17(a)(1); and/or
(B) If the F006 is placed in tanks, the
large quantity generator must comply
with the applicable conditions for
exemption of § 262.17(a)(2); and/or
(C) If the F006 is placed in
containment buildings, the large
quantity generator must comply with
subpart DD of 40 CFR part 265, and has
placed its professional engineer
certification that the building complies
with the design standards specified in
40 CFR 265.1101 in the site’s files prior
to operation of the unit. The large
quantity generator must maintain the
following records:
(1) A written description of
procedures to ensure that the F006
waste remains in the unit for no more
than 180 days, a written description of
the waste generation and management
practices for the site showing that they
are consistent with the 180-day limit,
and documentation that the large
quantity generator is complying with
the procedures; or
(2) Documentation that the unit is
emptied at least once every 180 days.
(ii) The large quantity generator is
exempt from all the requirements in
subparts G and H of 40 CFR part 265,
except for those referenced in
§ 262.17(a)(8).
(iii) The date upon which each period
of accumulation begins is clearly
marked and must be clearly visible for
inspection on each container;
(iv) While being accumulated on site,
each container and tank is labeled or
marked clearly with:
(A) The words ‘‘Hazardous Waste’’;
(B) Other words that identify the
contents of the container or tank; and
(C) An indication of the hazards of the
contents (examples include, but are not
limited to, the applicable hazardous
waste characteristic(s) (i.e., ignitable,
corrosive, reactive, toxic); a hazard class
label consistent with the Department of
Transportation requirements at 49 CFR
part 172 subpart E (labeling); a label
consistent with the Occupational Safety
and Health Administration Hazard
Communication Standard at 29 CFR
1920.1200; a chemical hazard label
consistent with the National Fire
PO 00000
Frm 00085
Fmt 4701
Sfmt 4702
58001
Protection Association code 704; a
hazard pictogram consistent with the
United Nations’ Globally Harmonized
System; or any other marking or labeling
commonly used nationwide in
commerce that identifies the nature of
the hazards associated with the contents
of the waste accumulation unit); and
(v) The large quantity generator
complies with the requirements in
§§ 262.17(a)(6) and (7).
(d) F006 transported over 200 miles.
A large quantity generator who also
generates wastewater treatment sludges
from electroplating operations that meet
the listing description for the EPA
hazardous waste number F006, and who
must transport this waste, or offer this
waste for transportation, over a distance
of 200 miles or more for off-site metals
recovery, may accumulate F006 waste
on site for more than 90 days, but not
more than 270 days without a permit or
without having interim status if the
large quantity generator complies with
all of the conditions for exemption of
paragraphs (c)(1) through (4) of this
section.
(e) F006 accumulation time extension.
A large quantity generator accumulating
F006 in accordance with paragraphs (c)
and (d) of this section who accumulates
F006 waste on site for more than 180
days (or for more than 270 days if the
generator must transport this waste, or
offer this waste for transportation, over
a distance of 200 miles or more), or who
accumulates more than 20,000
kilograms of F006 waste on site is an
operator of a storage facility and is
subject to the requirements of 40 CFR
parts 264, 265, and 267, and the permit
requirements of 40 CFR part 270 unless
the generator has been granted an
extension to the 180-day (or 270-day if
applicable) period or an exception to the
20,000 kilogram accumulation limit.
Such extensions and exceptions may be
granted by EPA if F006 waste must
remain on site for longer than 180 days
(or 270 days if applicable) or if more
than 20,000 kilograms of F006 waste
must remain on site due to unforeseen,
temporary, and uncontrollable
circumstances. An extension of up to 30
days or an exception to the
accumulation limit may be granted at
the discretion of the Regional
Administrator on a case-by-case basis.
(f) Mixing hazardous waste with nonhazardous waste. Mixtures of hazardous
waste with non-hazardous waste are
subject to the mixture rule in
§§ 261.3(a)(2)(iv), (b)(2) and (3), and
(g)(2)(i).
(g) Consolidation of hazardous waste
received from very small quantity
generators. Large quantity generators
may receive hazardous waste from very
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
58002
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
small quantity generators under control
of the same person (as defined in
§ 260.10), provided that they comply
with the following conditions.
‘‘Control,’’ for the purposes of this
section, means the power to direct the
policies of the generator site, whether by
the ownership of stock, voting rights, or
otherwise, except that contractors who
operate generator sites on behalf of a
different person shall not be deemed to
‘‘control’’ such generator sites.
(1) The large quantity generator
notifies EPA thirty (30) days prior to
receiving the first shipment from a very
small quantity generator(s) using EPA
form 8700–12; and
(i) Identifies on the form the name(s)
and site address(es) for the very small
quantity generator(s) as well as the
name and business telephone number
for a contact person for the very small
quantity generator(s); and
(ii) Submits an updated Site ID form
(EPA form 8700–12) within 30 days
after a change in the name, site address,
or contact information for the very small
quantity generator.
(2) The large quantity generator
maintains records of shipments for three
years from the date the hazardous waste
was received from the very small
quantity generator. These records must
identify the name, site address, and
contact information for the very small
quantity generator and include a
description of the hazardous waste
received, including the quantity, all
applicable EPA hazardous waste
number(s) (EPA hazardous waste codes)
in subparts C and D of part 261 for the
hazardous waste, and the date the waste
was received.
(3) The large quantity generator
manages all hazardous waste received
from a very small quantity generator in
compliance with the independent
requirements in § 262.10(a)(1)(ii) and
conditions for exemption in § 262.17
applicable to a large quantity generator.
For purposes of the labeling and
marking regulations in § 262.17(a)(5),
the large quantity generator must label
the container or unit with the date
accumulation started (i.e., the date the
hazardous waste was received from the
very small quantity generator). If the
large quantity generator is consolidating
incoming hazardous waste from a very
small quantity generator with either its
own hazardous waste or with hazardous
waste from other very small quantity
generators, the large quantity generator
must label each container or unit with
the earliest date any hazardous waste in
the container was accumulated on site.
(h) Rejected load. A large quantity
generator who sends a shipment of
hazardous waste to a designated facility
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
with the understanding that the
designated facility can accept and
manage the waste and later receives that
shipment back as a rejected load or
residue in accordance with the manifest
discrepancy provisions of § 264.72 or
265.72 of this chapter may accumulate
the returned waste on site in accordance
with paragraphs (a) and (b) of this
section. Upon receipt of the returned
shipment, the generator must:
(1) Sign Item 18c of the manifest, if
the transporter returned the shipment
using the original manifest; or
(2) Sign Item 20 of the manifest, if the
transporter returned the shipment using
a new manifest.
§ 262.18 EPA identification numbers and
re-notification for small quantity generators
and large quantity generators.
(a) A generator must not treat, store,
dispose of, transport, or offer for
transportation, hazardous waste without
having received an EPA identification
number from the Administrator.
(b) A generator who has not received
an EPA identification number may
obtain one by applying to the
Administrator using EPA form 8700–12.
Upon receiving the request the
Administrator will assign an EPA
identification number to the generator.
(c) A generator must not offer its
hazardous waste to transporters or to
treatment, storage, or disposal facilities
that have not received an EPA
identification number.
(d) Re-notification. (i) A small
quantity generator must notify EPA by
February 1 of each even-numbered year
thereafter using EPA Form 8700–12.
(ii) A large quantity generator must
notify EPA by March 1 of each evennumbered year thereafter using EPA
Form 8700–12. A large quantity
generator may submit this renotification as part of its biennial report
required under § 262.41.
■ 18. Revise the heading for subpart B
to read as follows:
Subpart B—Manifest Requirements
Applicable to Small and Large Quantity
Generators
19. Revise the heading for subpart C
to read as follows:
■
Subpart C—Pre-Transport
Requirements Applicable to Small and
Large Quantity Generators
20. Amend § 262.32 by adding
paragraph (c) to read as follows:
■
§ 262.32
Marking.
*
*
*
*
*
(c) Before transporting or offering
hazardous waste for transportation off
PO 00000
Frm 00086
Fmt 4701
Sfmt 4702
site, a generator must mark each
container with the applicable EPA
hazardous waste numbers (EPA
hazardous waste codes) in subparts C
and D of part 261 of this chapter.
§ 262.34
[Removed and reserved]
21. Remove and reserve § 262.34.
22. Add § 262.35 to subpart C read as
follows:
■
■
§ 262.35
Liquids in landfills prohibition.
The placement of bulk or noncontainerized liquid hazardous waste or
hazardous waste containing free liquids
(whether or not sorbents have been
added) in any landfill is prohibited.
■ 23. Revise the heading for subpart D
to read as follows:
Subpart D—Recordkeeping and
Reporting Applicable to Small and
Large Quantity Generators
§ 262.40
[Amended]
24. Amend § 262.40 by removing and
reserving paragraph (c).
■ 25. Section 262.41 and its section
heading are revised to read as follows:
■
§ 262.41 Biennial report for large quantity
generators.
(a) A generator who is a large quantity
generator for at least one month of the
reporting year must complete and
submit EPA form 8700–13 to the
Regional Administrator by March 1 of
each even numbered year for all
hazardous wastes generated during the
previous calendar year. This
requirement also applies to generators
who treat, store, or dispose of hazardous
waste on site in accordance with the
provisions of 40 CFR parts 264, 265,
266, 267, and 270 and to large quantity
generators that receive hazardous waste
from very small quantity generators
pursuant to § 262.17(g).
(b) Exports of hazardous waste to
foreign countries are not required to be
reported on the Biennial Report form. A
separate annual report requirement is
set forth at 40 CFR 262.56 for hazardous
waste exporters.
■ 26. Section 262.43 is revised to read
as follows:
§ 262.43
Additional reporting.
The Administrator, as deemed
necessary under sections 2002(a) and
3002(a)(6) of the Act, may require
generators to furnish additional reports
concerning the quantities and
disposition of wastes identified or listed
in 40 CFR part 261.
■ 27. Section 262.44 is amended by
revising the introductory paragraph and
section heading to read as follows:
E:\FR\FM\25SEP2.SGM
25SEP2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
§ 262.44 Recordkeeping for small quantity
generators.
A small quantity generator is subject
only to the following independent
requirements in this subpart:
*
*
*
*
*
Subparts I and J [Removed and
Reserved]
■
28. Remove and reserve subparts I and
J.
Subpart K—Alternative Requirements
for Hazardous Waste Determination
and Accumulation of Unwanted
Material for Laboratories Owned by
Eligible Academic Entities
29. Section 262.200 is amended by
removing the definition of ‘‘Central
accumulation area’’ and revising the
definition of ‘‘Trained professional’’ to
read as follows:
■
§ 262.200
Definitions for this subpart.
*
*
*
*
*
Trained professional means a person
who has completed the applicable
RCRA training requirements of § 262.17
for large quantity generators, or is
knowledgeable about normal operations
and emergencies in accordance with
§ 262.16 for small quantity generators
and very small quantity generators. A
trained professional may be an
employee of the eligible academic entity
or may be a contractor or vendor who
meets the requisite training
requirements.
*
*
*
*
*
■ 30. Section 262.201 is revised to read
as follows:
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
§ 262.201
Applicability of this subpart.
(a) Large quantity generators and
small quantity generators. This subpart
provides alternative requirements to the
requirements in §§ 262.11 and 262.15
for the hazardous waste determination
and accumulation of hazardous waste in
laboratories owned by eligible academic
entities that choose to be subject to this
subpart, provided that they complete
the notification requirements of
§ 262.203.
(b) Very small quantity generators.
This subpart provides alternative
requirements to the conditional
exemption in § 262.14 for the
accumulation of hazardous waste in
laboratories owned by eligible academic
entities that choose to be subject to this
subpart, provided that they complete
the notification requirements of
§ 262.203.
■ 31. Section 262.202 is revised to read
as follows:
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
§ 262.202
This subpart is optional.
(a) Large quantity generators and
small quantity generators. Eligible
academic entities have the option of
complying with this subpart with
respect to its laboratories, as an
alternative to complying with the
requirements of §§ 262.11 and 262.15.
(b) Very small quantity generators.
Eligible academic entities have the
option of complying with this subpart
with respect to laboratories, as an
alternative to complying with the
conditional exemption of § 262.14.
■ 32. Section 262.203 is amended by
revising paragraphs (a) and (b)(2) to read
as follows:
§ 262.203 How an eligible academic entity
indicates it will be subject to the
requirements of this subpart.
(a) An eligible academic entity must
notify the appropriate EPA Regional
Administrator in writing, using the
RCRA Subtitle C Site Identification
Form (EPA Form 8700–12), that it is
electing to be subject to the
requirements of this subpart for all the
laboratories owned by the eligible
academic entity under the same EPA
Identification Number. An eligible
academic entity that is a very small
quantity generator and does not have an
EPA Identification Number must notify
that it is electing to be subject to the
requirements of this subpart for all the
laboratories owned by the eligible
academic entity that are on site, as
defined by § 260.10. An eligible
academic entity must submit a separate
notification (Site Identification Form)
for each EPA Identification Number (or
site, for very small quantity generators)
that is electing to be subject to the
requirements of this subpart, and must
submit the Site Identification Form
before it begins operating under this
subpart.
(b) * * *
(2) Site EPA Identification Number
(except for very small quantity
generators).
*
*
*
*
*
■ 33. Section 262.204 is amended by
revising paragraph (a) to read as follows:
§ 262.204 How an eligible academic entity
indicates it will withdraw from the
requirements of this subpart.
(a) An eligible academic entity must
notify the appropriate EPA Regional
Administrator in writing, using the
RCRA Subtitle C Site Identification
Form (EPA Form 8700–12), that it is
electing to no longer be subject to the
requirements of this subpart for all the
laboratories owned by the eligible
academic entity under the same EPA
Identification Number and that it will
PO 00000
Frm 00087
Fmt 4701
Sfmt 4702
58003
comply with the requirements of
§§ 262.11 and 262.15 for small quantity
generators and large quantity generators.
An eligible academic entity that is a
very small quantity generator and does
not have an EPA Identification Number
must notify that it is withdrawing from
the requirements of this subpart for all
the laboratories owned by the eligible
academic entity that are on site and that
it will comply with the conditional
exemption in § 262.14. An eligible
academic entity must submit a separate
notification (Site Identification Form)
for each EPA Identification Number (or
site, for very small quantity generators)
that is withdrawing from the
requirements of this subpart and must
submit the Site Identification Form
before it begins operating under the
standards in §§ 262.11 and 262.15 for
small quantity generators and large
quantity generators or § 262.14 for very
small quantity generators.
*
*
*
*
*
§ 262.206
[Amended]
34. Amend § 262.206 in paragraph
(b)(3)(iii) by removing the period at the
end of the sentence and inserting ‘‘:’’ in
its place.
■ 35. Section 262.207 is amended by
revising paragraph (d)(2) to read as
follows:
■
§ 262.207
Training.
*
*
*
*
*
(d) * * *
(2) Make the hazardous waste
determination, pursuant to § 262.11(a)
through (d), for unwanted material.
■ 36. Section 262.208 is amended by
revising paragraphs (a)(1) and (2) to read
as follows:
§ 262.208 Removing containers of
unwanted material from the laboratory.
(a) * * *
(1) Remove all containers of
unwanted material from each laboratory
on a regular interval, not to exceed 12
months; or
(2) Remove containers of unwanted
material from each laboratory within 12
months of each container’s
accumulation start date.
*
*
*
*
*
■ 37. Section 262.209 is amended by
revising paragraph (b) to read as follows:
§ 262.209 Where and when to make the
hazardous waste determination and where
to send containers of unwanted material
upon removal from the laboratory.
*
*
*
*
*
(b) Very small quantity generators. An
eligible academic entity must ensure
that a trained professional makes a
hazardous waste determination,
E:\FR\FM\25SEP2.SGM
25SEP2
58004
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
pursuant to § 262.11(a) through (d), for
unwanted material in the laboratory
before the unwanted material is
removed from the laboratory, in
accordance with § 262.210.
■ 38. Section 262.210 is amended by
revising paragraphs (a), (b)(3), and (d)(2)
to read as follows:
§ 262.210 Making the hazardous waste
determination in the laboratory before the
unwanted material is removed from the
laboratory.
*
*
*
*
*
(a) A trained professional must make
the hazardous waste determination,
pursuant to § 262.11(a) through (d),
before the unwanted material is
removed from the laboratory.
(b) * * *
(3) Count the hazardous waste toward
the eligible academic entity’s generator
category, pursuant to § 262.13, in the
calendar month that the hazardous
waste determination was made.
*
*
*
*
*
(d) * * *
(2) Very small quantity generators
must ensure it is taken directly from the
laboratory(ies) to any of the types of
facilities listed in § 262.14.
*
*
*
*
*
■ 39. Section 262.211 is amended by
revising paragraphs (c), (d), and (e)(3) to
read as follows:
§ 262.211 Making the hazardous waste
determination at an on-site central
accumulation area.
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
*
*
*
*
*
(c) The unwanted material becomes
subject to the generator accumulation
regulations of § 262.16 for small
quantity generators or § 262.17 for large
quantity generators as soon as it arrives
in the central accumulation area, except
for the ‘‘hazardous waste’’ labeling
conditions of § 262.16(b)(6) and
§ 262.17(a)(5).
(d) A trained professional must
determine, pursuant to § 262.11(a)
through (d), if the unwanted material is
a hazardous waste within 4 calendar
days of the unwanted materials’ arrival
at the on-site central accumulation area.
(e) * * *
(3) Count the hazardous waste toward
the eligible academic entity’s generator
category, pursuant to § 262.13 in the
calendar month that the hazardous
waste determination was made, and
*
*
*
*
*
■ 40. Section 262.212 is amended by
revising paragraph (d) to read as
follows:
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
§ 262.212 Making the hazardous waste
determination at an on-site interim status or
permitted treatment, storage, or disposal
facility.
*
*
*
*
*
(d) A trained professional must
determine, pursuant to § 262.11(a)
through (d), if the unwanted material is
a hazardous waste within 4 calendar
days of the unwanted materials’ arrival
at an on-site interim status or permitted
treatment, storage, or disposal facility.
*
*
*
*
*
■ 41. Section 262.213 is amended by
revising paragraphs (a)(2) and (3) and
(b)(2) to read as follows:
§ 262.213
Laboratory clean-outs.
(a) * * *
(2) For the purposes of on-site
accumulation, an eligible academic
entity is not required to count a
hazardous waste that is an unused
commercial chemical product (listed in
40 CFR part 261, subpart D or exhibiting
one or more characteristics in 40 CFR
part 261, subpart C) generated solely
during the laboratory clean-out toward
its hazardous waste generator category,
pursuant to § 262.13. An unwanted
material that is generated prior to the
beginning of the laboratory clean-out
and is still in the laboratory at the time
the laboratory clean-out commences
must be counted toward hazardous
waste generator category, pursuant to
§ 262.13, if it is determined to be
hazardous waste; and
(3) For the purposes of off-site
management, an eligible academic
entity must count all its hazardous
waste, regardless of whether the
hazardous waste was counted toward
generator category under paragraph
(a)(2) of this section, and if it generates
more than 1 kg/month of acute
hazardous waste or more than 100 kg/
month of non-acute hazardous waste
(i.e., the very small quantity generator
limits as defined in § 260.10), the
hazardous waste is subject to all
applicable hazardous waste regulations
when it is transported off site; and
*
*
*
*
*
(b) * * *
(2) The requirement to count all
hazardous waste, including unused
hazardous waste, generated during the
laboratory clean-out toward its
hazardous waste generator category,
pursuant to § 262.13.
■ 42. Section 262.214 is amended by
revising paragraph (b)(5) to read as
follows:
§ 262.214
*
Laboratory management plan.
*
*
(b) * * *
PO 00000
Frm 00088
*
Fmt 4701
*
Sfmt 4702
(5) Describe its intended best
practices for making hazardous waste
determinations, including specifying the
duties of the individuals involved in the
process (see the required standards at
§ 262.11(a) through (d) and §§ 262.209
through 262.212).
*
*
*
*
*
■ 43. Section 262.216 is amended by
revising paragraphs (a) and (b) to read
as follows:
§ 262.216 Non-laboratory hazardous waste
generated at an eligible academic entity.
*
*
*
*
*
(a) Remains subject to the generator
requirements of §§ 262.11 and 262.15
for large quantity generators and small
quantity generators (if the hazardous
waste is managed in a satellite
accumulation area), and all other
applicable generator requirements of 40
CFR part 262, with respect to that
hazardous waste; or
(b) Remains subject to the conditional
exemption of § 262.14 for very small
quantity generators, with respect to that
hazardous waste.
■ 44. Subpart L is added to read as
follows:
Subpart L—Alternative Standards for
Episodic Generation
Sec.
262.230 Applicability.
262.231 Definition of an episodic event.
262.232 Conditions for a generator
managing hazardous waste from an
episodic event.
262.233 Petition to manage one additional
episodic event per calendar year.
262.234 Petition for a 30-day extension to
an episodic event.
Subpart L—Alternative Standards for
Episodic Generation
§ 262.230
Applicability.
This subpart is applicable to very
small quantity generators and small
quantity generators as defined in
§ 260.10.
§ 262.231
Definition of an episodic event.
An episodic event is an activity or
activities, either planned or unplanned,
that does not normally occur during
generator operations, resulting in an
increase in the generation of hazardous
wastes that exceeds the calendar month
quantity limits for the generator’s usual
category.
§ 262.232 Conditions for a generator
managing hazardous waste from an
episodic event.
(a) Very small quantity generator. A
very small quantity generator may
maintain its existing generator category
during an episodic event provided that
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
the generator complies with the
following conditions:
(1) The very small quantity generator
is limited to one episodic event per
calendar year unless a petition is
granted under § 262.233;
(2) The very small quantity generator
must notify EPA no later than thirty (30)
calendar days prior to initiating a
planned episodic event using EPA form
8700–12. In the event of an unplanned
episodic event, the generator must
notify EPA within 24 hours of the
unplanned event or as soon as possible
via phone or email and subsequently
submit EPA form 8700–12. The
generator shall include the start date of
the episodic event, the reason(s) for the
event, types and estimated quantities of
hazardous waste expected to be
generated as a result of the episodic
event, and shall identify a facility
contact and emergency coordinator with
24-hour telephone access to discuss the
notification submittal or respond to an
emergency;
(3) The very small quantity generator
must have an EPA identification
number or obtain an EPA identification
number using EPA form 8700–12;
(4) Accumulation. A very small
quantity generator is prohibited from
accumulating hazardous waste
generated from an episodic event on
drip pads and in containment buildings.
When accumulating hazardous waste in
containers and tanks the following
conditions apply:
(i) Containers. A very small quantity
generator accumulating in containers
must mark its containers with the
following:
(A) The words ‘‘Episodic Hazardous
Waste;’’
(B) Other words that identify the
contents of the containers (examples
may include, but are not limited to the
name of the chemical(s), such as
‘‘acetone’’ or ‘‘methylene dichloride’’; or
the type or class of chemical, such as
‘‘organic solvents’’ or ‘‘halogenated
organic solvents’’ or, as applicable, the
proper shipping name and technical
name markings used to comply with
Department of Transportation
requirements at 49 CFR part 172 subpart
D);
(C) An indication of the hazards of the
contents (examples include, but are not
limited to, the applicable hazardous
waste characteristic(s) (i.e., ignitable,
corrosive, reactive, toxic); a hazard class
label consistent with the Department of
Transportation requirements at 49 CFR
part 172 subpart E (labeling); a label
consistent with the Occupational Safety
and Health Administration Hazard
Communication Standard at 29 CFR
1920.1200; a chemical hazard label
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
consistent with the National Fire
Protection Association code 704; or a
hazard pictogram consistent with the
United Nations’ Globally Harmonized
System; or any other marking or labeling
commonly used nationwide in
commerce that identifies the nature of
the hazards associated with the contents
of the waste accumulation unit); and
(D) The date upon which the episodic
event began, clearly visible for
inspection on each container.
(ii) Tanks. A very small quantity
generator accumulating episodic
hazardous waste in tanks must do the
following:
(A) Mark or label the tank with the
words ‘‘Episodic Hazardous Waste;’’
(B) Use inventory logs, monitoring
equipment, or records to identify the
contents of the tank and its associated
hazards;
(C) Use inventory logs, monitoring
equipment or records to identify the
date upon which each episodic event
begins; and
(D) Keep inventory logs or records
with the above information in close
proximity to the tank.
(iii) Hazardous waste must be
managed in a manner that minimizes
the possibility of a fire, explosion, or
release of hazardous waste or hazardous
waste constituents to the air, soil, or
water;
(A) Containers must be in good
condition and compatible with the
hazardous waste being accumulated
therein. Containers must be kept closed
except to add or remove waste.
(B) Tanks must be in good condition
and compatible with the hazardous
waste accumulated therein. Tanks must
have procedures in place to prevent the
overflow (e.g., be equipped with a
means to stop inflow with systems such
as a waste feed cutoff system or bypass
system to a standby tank when
hazardous waste is continuously fed
into the tank). Tanks must be inspected
at least once each operating day to
ensure all applicable discharge control
equipment, such as waste feed cutoff
systems, bypass systems, and drainage
systems are in good working order and
to ensure the tank is operated according
to its design by reviewing the data
gathered from monitoring equipment
such as pressure and temperature
gauges from the inspection.
(5) The very small quantity generator
must comply with the hazardous waste
manifest provisions of 40 CFR part 262
subpart B when it sends its episodic
event hazardous waste off site to a
RCRA-designated facility.
(6) The very small quantity generator
has up to forty-five (45) calendar days
from the start of the episodic event to
PO 00000
Frm 00089
Fmt 4701
Sfmt 4702
58005
manifest and send its hazardous waste
generated from the episodic event to a
RCRA-designated facility unless an
extension is granted pursuant to
§ 262.233.
(7) Very small quantity generators
must maintain the following records for
three (3) years from the end date of the
episodic event:
(i) Beginning and end dates of the
episodic event;
(ii) A description of the episodic
event;
(iii) A description of the types and
quantities of hazardous wastes
generated during the event;
(iv) A description of how the
hazardous waste was managed as well
as the name of the RCRA designated
facility that received the hazardous
waste;
(v) Name(s) of hazardous waste
transporters;
(vi) An approval letter from EPA if the
generator petitioned to conduct one
additional episodic event per calendar
year; and
(vii) An approval letter from EPA if
the generator petitioned for an
additional thirty (30) calendar day
extension.
(b) Small quantity generators. A small
quantity generator may maintain its
existing generator category during an
episodic event provided that the
generator complies with the following
conditions:
(1) The small generator is limited to
one episodic event per calendar year
unless a petition is granted under
§ 262.233;
(2) The small quantity generator must
notify EPA no later than thirty (30)
calendar days prior to initiating a
planned episodic event using EPA form
8700–12. In the event of an unplanned
episodic event, the small quantity
generator must notify EPA within 24
hours of the unplanned event or as soon
as possible via phone or email and
subsequently submit EPA form 8700–12.
The small quantity generator shall
include the start date of the episodic
event and the reason(s) for the event,
types and estimated quantities of
hazardous wastes expected to be
generated as a result of the episodic
event, and identify a facility contact and
emergency coordinator with 24-hour
telephone access to discuss the
notification submittal or respond to
emergency;.
(3) The small quantity generator must
have an EPA identification number or
obtain an EPA identification number
using EPA form 8700–12.
(4) Accumulation by small quantity
generators. A small quantity generator is
prohibited from accumulating
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
58006
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
hazardous wastes generated from an
episodic event waste on drip pads and
in containment buildings. When
accumulating hazardous waste
generated from an episodic event in
containers and tanks, the following
conditions apply:
(i) Containers. A small quantity
generator accumulating episodic
hazardous waste in containers that meet
the standards at part 265 subpart I of
this chapter, except §§ 265.176 and
265.178 of this chapter, must mark its
containers with the following:
(A) The words ‘‘Episodic Hazardous
Waste’’;
(B) Other words that identify the
contents of the containers (examples
may include, but are not limited to the
name of the chemical(s), such as
‘‘acetone’’ or ‘‘methylene dichloride’’; or
the type or class of chemical, such as
‘‘organic solvents’’ or halogenated
organic solvents’’ or, as applicable, the
proper shipping name and technical
name markings used to comply with
Department of Transportation
requirements at 49 CFR part 172 subpart
D);
(C) An indication of the hazards of the
contents (examples include, but are not
limited to, the applicable hazardous
waste characteristic(s) (i.e., ignitable,
corrosive, reactive, toxic); a hazard class
label consistent with the Department of
Transportation requirements at 49 CFR
part 172 subpart E (labeling); a label
consistent with the Occupational Safety
and Health Administration Hazard
Communication Standard at 29 CFR
1920.1200; a chemical hazard label
consistent with the National Fire
Protection Association code 704; or a
hazard pictogram consistent with the
United Nations’ Globally Harmonized
System; or any other marking or labeling
commonly used nationwide in
commerce that identifies the nature of
the hazards associated with the contents
of the waste accumulation unit); and
(D) The date upon which the episodic
event began, clearly visible for
inspection on each container.
(ii) Tanks. A small quantity generator
accumulating episodic hazardous waste
in tanks that meet the standards at
§ 265.201 in subpart J must do the
following:
(A) Mark or label its tank with the
words ‘‘Episodic Hazardous Waste;’’
(B) Use inventory logs, monitoring
equipment, or records to identify the
contents of the tank and its associated
hazards;
(C) Use inventory logs, monitoring
equipment or records to identify the
date upon which each period of
accumulation begins and ends; and
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
(D) Keep inventory logs or records
with the above information immediately
accessible.
(iii) Comply with the applicable
conditions listed in § 262.16.
(5) The small quantity generator must
treat hazardous waste generated from an
episodic event on site or manifest and
ship such hazardous waste off site to a
RCRA-designated facility within fortyfive (45) calendar days from the start of
the episodic event, unless an extension
is granted pursuant to § 262.233.
(6) The small quantity generator must
maintain the following records for three
(3) years from the end date of the
episodic event:
(i) Beginning and end dates of the
episodic event;
(ii) A description of the episodic
event;
(iii) A description of the types and
quantities of hazardous wastes
generated during the event;
(iv) A description of how the
hazardous waste was managed as well
as the name of the RCRA designated
facility that received the hazardous
waste;
(v) Name(s) of hazardous waste
transporters;
(vi) An approval letter from EPA if the
generator petitioned to conduct one
additional episodic event per calendar
year; and
(vii) An approval letter from EPA if
the generator petitioned for an
additional thirty (30) calendar day
extension.
§ 262.233 Petition to manage one
additional episodic event per calendar year.
(a) A very small quantity generator or
a small quantity generator may petition
EPA for one additional episodic event
per calendar year without it impacting
its generator category. The petition must
include the following:
(1) The reason(s) why an additional
episodic event is needed and the nature
of the episodic event;
(2) The estimated amount of
hazardous waste to be managed from the
event;
(3) How the hazardous waste is to be
managed;
(4) The estimated length of time
needed to complete management of the
hazardous waste generated from the
episodic event—not to exceed 45 days;
and
(5) Information regarding the previous
episodic event managed by the
generator, including the nature of the
event and whether it was a planned or
unplanned event.
(b) The petition must be made via fax,
email, or letter.
(c) The generator cannot manage the
hazardous waste generated from an
PO 00000
Frm 00090
Fmt 4701
Sfmt 4702
additional episodic event under subpart
L until written approval by EPA,
including email, has been received.
(d) The generator must retain written
approval in its records for three years
from the date the episodic event ended.
§ 262.234 Petition for a 30-day extension
to an episodic event.
(a) The very small quantity generator
or a small quantity generator may
petition EPA for a thirty (30) calendar
day extension to complete the
management of hazardous waste
generated by an episodic event. The
petition must include the following:
(1) The nature of the episodic event;
(2) The estimated amount of
additional hazardous waste to be
managed from the episodic event if the
extension is granted; and
(3) The generator’s rationale for
needing an extension of an additional
30 days beyond the 45-day limit to
complete management of the hazardous
waste generated from the episodic
event.
(b) The generator must petition EPA
via fax, email, or letter within fifteen
(15) calendar days of the event ending.
(c) The generator cannot go beyond
the 45-day limit unless written approval
from EPA has been received.
(d) The generator must retain written
approval in its records for three years
from the date the episodic event ended.
■ 45. Subpart M is added to read as
follows:
Subpart M—Preparedness, Prevention, and
Emergency Procedures for Large Quantity
Generators
Sec.
262.250 Applicability.
262.251 Maintenance and operation of
facility.
262.252 Required equipment.
262.253 Testing and maintenance of
equipment.
262.254 Access to communications or alarm
system.
262.255 Required aisle space.
262.256 Arrangements with local
authorities.
262.260 Purpose and implementation of
contingency plan.
262.261 Content of contingency plan.
262.262 Copies of contingency plan.
262.263 Amendment of contingency plan.
262.264 Emergency coordinator.
262.265 Emergency procedures.
Subpart M—Preparedness, Prevention,
and Emergency Procedures for Large
Quantity Generators
§ 262.250
Applicability.
The regulations of this subpart apply
to those areas of a large quantity
generator where hazardous waste is
generated or accumulated on site in
E:\FR\FM\25SEP2.SGM
25SEP2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
accordance with the conditions in
§ 262.17.
§ 262.251
facility.
Maintenance and operation of
A large quantity generator must
maintain and operate its site to
minimize the possibility of a fire,
explosion, or any unplanned sudden or
non-sudden release of hazardous waste
or hazardous waste constituents to air,
soil, or surface water which could
threaten human health or the
environment.
§ 262.252
Required equipment.
All areas where hazardous waste is
being either generated or accumulated
must be equipped with the items in
paragraphs (a) through (d) of this section
(unless none of the hazards posed by
waste handled at the site could require
a particular kind of equipment specified
below or the actual waste generation or
accumulation area does not lend itself
for safety reasons to have a particular
kind of equipment specified below). A
large quantity generator may determine
the most appropriate locations within
its generator site to locate equipment
necessary to prepare for and respond to
emergencies:
(a) An internal communications or
alarm system capable of providing
immediate emergency instruction (voice
or signal) to site personnel;
(b) A device, such as a telephone
(immediately available at the scene of
operations) or a hand-held two-way
radio, capable of summoning emergency
assistance from local police
departments, fire departments, or state
or local emergency response teams;
(c) Portable fire extinguishers, fire
control equipment (including special
extinguishing equipment, such as that
using foam, inert gas, or dry chemicals),
spill control equipment, and
decontamination equipment; and
(d) Water at adequate volume and
pressure to supply water hose streams,
or foam producing equipment, or
automatic sprinklers, or water spray
systems.
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
§ 262.253 Testing and maintenance of
equipment.
All communications or alarm systems,
fire protection equipment, spill control
equipment, and decontamination
equipment, where required, must be
tested and maintained as necessary to
assure its proper operation in time of
emergency.
§ 262.254 Access to communications or
alarm system.
(a) Whenever hazardous waste is
being poured, mixed, spread, or
otherwise handled, all personnel
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
involved in the operation must have
immediate access (e.g., direct or
unimpeded access) to an internal alarm
or emergency communication device,
either directly or through visual or voice
contact with another employee, unless
such a device is not required under
§ 265.252 of this chapter.
(b) In the event there is just one
employee on the premises while the site
is operating, the employee must have
immediate access (e.g., direct or
unimpeded access) to a device, such as
a telephone (immediately available at
the scene of operation) or a hand-held
two-way radio, capable of summoning
external emergency assistance, unless
such a device is not required under
§ 265.252 of this chapter.
§ 262.255
Required aisle space.
The large quantity generator must
maintain aisle space to allow the
unobstructed movement of personnel,
fire protection equipment, spill control
equipment, and decontamination
equipment to any area of site operation
in an emergency, unless aisle space is
not needed for any of these purposes.
§ 262.256 Arrangements with local
authorities.
(a) The large quantity generator must
make arrangements with the Local
Emergency Planning Committee for the
types and quantities of hazardous waste
handled at the site, as well as the
potential need for the services of the
local police department, other
emergency response teams, emergency
response contractors, equipment
suppliers, and local hospitals. Should
there be no Local Emergency Planning
Committee, should it not respond, or
should the Local Emergency Planning
Committee determine that it is not the
appropriate organization to make
arrangements with, then the large
quantity generator must make
arrangements with the local fire
department and other relevant
emergency responders (e.g., police and
hospitals).
(1) A large quantity generator that
must make arrangements with its local
fire department must determine the
potential need for the services of the
local police department, other
emergency response teams, emergency
response contractors, equipment
suppliers and local hospitals.
(2) As part of this coordination, the
large quantity generator shall make
arrangements, as necessary, to
familiarize the above organizations with
the layout of the site, the properties of
the hazardous waste handled at the site
and associated hazards, places where
personnel would normally be working,
PO 00000
Frm 00091
Fmt 4701
Sfmt 4702
58007
entrances to roads inside the site, and
possible evacuation routes as well as the
types of injuries or illnesses which
could result from fires, explosions, or
releases at the site.
(3) Where more than one police or fire
department might respond to an
emergency, the large quantity generator
shall enter into agreements designating
primary emergency authority to a
specific fire or police department, and
agreements with any others to provide
support to the primary emergency
authority.
(b) The large quantity generator shall
maintain records documenting the
arrangements with the Local Emergency
Planning Committee, or if appropriate,
with the local fire department as well as
any other organization necessary to
respond to an emergency. This
documentation must include a certified
letter or any other documentation that
confirms such arrangements actively
exist.
§ 262.260 Purpose and implementation of
contingency plan.
(a) A large quantity generator must
have a contingency plan for the site. The
contingency plan must be designed to
minimize hazards to human health or
the environment from fires, explosions,
or any unplanned sudden or nonsudden release of hazardous waste or
hazardous waste constituents to air, soil,
or surface water.
(b) The provisions of the plan must be
carried out immediately whenever there
is a fire, explosion, or release of
hazardous waste or hazardous waste
constituents which could threaten
human health or the environment.
§ 262.261
Content of contingency plan.
(a) The contingency plan must
describe the actions site personnel must
take to comply with §§ 262.260 and
262.265 in response to fires, explosions,
or any unplanned sudden or nonsudden release of hazardous waste or
hazardous waste constituents to air, soil,
or surface water at the site.
(b) If the generator has already
prepared a Spill Prevention, Control,
and Countermeasures (SPCC) Plan in
accordance with part 112 of this
chapter, or some other emergency or
contingency plan, it need only amend
that plan to incorporate hazardous
waste management provisions that are
sufficient to comply with the standards
of this part. The generator may develop
one contingency plan that meets all
regulatory standards. EPA recommends
that the plan be based on the National
Response Team’s Integrated
Contingency Plan Guidance (‘‘One
Plan’’).
E:\FR\FM\25SEP2.SGM
25SEP2
58008
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
(c) The plan must describe
arrangements agreed to with the Local
Emergency Planning Committee. Should
there be no Local Emergency Planning
Committee, should it not respond, or
should the Local Emergency Planning
Committee determine that it is not the
appropriate organization to make
arrangements with, then the plan must
describe arrangements agreed to by local
fire departments and other relevant
emergency responders (e.g., police and
hospitals) to coordinate emergency
services, pursuant to § 262.256.
(d) The plan must list names and
emergency telephone numbers of all
persons qualified to act as emergency
coordinator (see § 262.264), and this list
must be kept up to date. Where more
than one person is listed, one must be
named as primary emergency
coordinator and others must be listed in
the order in which they will assume
responsibility as alternates. In situations
where the generator site has an
emergency coordinator continuously on
duty because it operates 24 hours per
day, every day of the year, the plan may
list the staffed position (e.g., operations
manager, shift coordinator, shift
operations supervisor) as well as an
emergency telephone number that can
be guaranteed to be answered at all
times.
(e) The plan must include a list of all
emergency equipment at the site (such
as fire extinguishing systems, spill
control equipment, communications
and alarm systems (internal and
external), and decontamination
equipment), where this equipment is
required. This list must be kept up to
date. In addition, the plan must include
the location and a physical description
of each item on the list, and a brief
outline of its capabilities.
(f) The plan must include an
evacuation plan for generator personnel
where there is a possibility that
evacuation could be necessary. This
plan must describe signal(s) to be used
to begin evacuation, evacuation routes,
and alternate evacuation routes (in cases
where the primary routes could be
blocked by releases of hazardous waste
or fires).
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
§ 262.262
Copies of contingency plan.
A copy of the contingency plan and
all revisions to the plan must be
maintained at the large quantity
generator’s site and—
(a) The large quantity generator must
submit a copy of the contingency plan
to the Local Emergency Planning
Committee. Should there be no Local
Emergency Planning Committee, should
it not respond, or should the Local
Emergency Planning Committee
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
determine that it is not the appropriate
organization to make arrangements
with, the large quantity generator must
submit the copy to the local emergency
responders.
(b) A generator that first becomes
subject to these provisions after [date 6
months after the date of publication of
the final rule in the Federal Register]
must submit an executive summary of
the contingency plan to the Local
Emergency Planning Committee. Should
there be no Local Emergency Planning
Committee, should it not respond, or
should the Local Emergency Planning
Committee determine that it is not the
appropriate organization to make
arrangements with, the generator must
submit the copy to the local emergency
responders. The executive summary
must include the following elements:
(1) The types/names of hazardous
wastes in layman’s terms and the
associated hazard associated with each
waste present at any one time (e.g., toxic
paint wastes, spent ignitable solvent,
corrosive acid);
(2) The estimated maximum amount
of each hazardous waste that may be
present at any one time;
(3) The identification of any
hazardous wastes where exposure
would require unique or special
treatment by medical or hospital staff;
(4) A map of the site showing where
hazardous wastes are generated and
accumulated and routes for accessing
these wastes;
(5) A street map of the site in relation
to surrounding businesses, schools and
residential areas to understand how best
to get to the facility and also evacuate
citizens and workers;
(6) The locations of water supply (e.g.,
fire hydrant and its flow rate);
(7) The identification of on-site
notification systems (e.g., a fire alarm
that rings off site, smoke alarms); and
(8) The name of the emergency
coordinator and 7/24-hour emergency
telephone number.
§ 262.263
plan.
Amendment of contingency
The contingency plan must be
reviewed, and immediately amended, if
necessary, whenever:
(a) Applicable regulations are revised;
(b) The plan fails in an emergency;
(c) The generator site changes—in its
design, construction, operation,
maintenance, or other circumstances—
in a way that materially increases the
potential for fires, explosions, or
releases of hazardous waste or
hazardous waste constituents, or
changes the response necessary in an
emergency;
(d) The list of emergency coordinators
changes; or
PO 00000
Frm 00092
Fmt 4701
Sfmt 4702
(e) The list of emergency equipment
changes.
§ 262.264
Emergency coordinator.
At all times, there must be at least one
employee either on the generator’s
premises or on call (i.e., available to
respond to an emergency by reaching
the site within a short period of time)
with the responsibility for coordinating
all emergency response measures and
implementing the necessary emergency
procedures outlined in § 262.265. This
emergency coordinator must be
thoroughly familiar with all aspects of
the generator’s contingency plan, all
operations and activities at the site, the
location and characteristics of waste
handled, the location of all records
within the site, and the site’s layout. In
addition, this person must have the
authority to commit the resources
needed to carry out the contingency
plan.
§ 262.265
Emergency procedures.
(a) Whenever there is an imminent or
actual emergency situation, the
emergency coordinator (or his designee
when the emergency coordinator is on
call) must immediately:
(1) Activate internal site alarms or
communication systems, where
applicable, to notify all site personnel;
and
(2) Notify appropriate state or local
agencies with designated response roles
if their help is needed.
(b) Whenever there is a release, fire,
or explosion, the emergency coordinator
must immediately identify the
character, exact source, amount, and
areal extent of any released materials.
The emergency coordinator may do this
by observation or review of the site
records or manifests and, if necessary,
by chemical analysis.
(c) Concurrently, the emergency
coordinator must assess possible
hazards to human health or the
environment that may result from the
release, fire, or explosion. This
assessment must consider both direct
and indirect effects of the release, fire,
or explosion (e.g., the effects of any
toxic, irritating, or asphyxiating gases
that are generated, or the effects of any
hazardous surface water run-offs from
water or chemical agents used to control
fire and heat-induced explosions).
(d) If the emergency coordinator
determines that the site has had a
release, fire, or explosion which could
threaten human health, or the
environment, outside the facility, the
emergency coordinator must report the
findings as follows:
(1) If the assessment indicates that
evacuation of local areas may be
E:\FR\FM\25SEP2.SGM
25SEP2
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
advisable, the emergency coordinator
must immediately notify appropriate
local authorities. The emergency
coordinator must be available to help
appropriate officials decide whether
local areas should be evacuated; and
(2) The emergency coordinator must
immediately notify either the
government official designated as the
on-scene coordinator for that
geographical area, or the National
Response Center (using their 24-hour
toll free number 800/424–8802). The
report must include:
(i) Name and telephone number of
reporter;
(ii) Name and address of the
generator;
(iii) Time and type of incident (e.g.,
release, fire);
(iv) Name and quantity of material(s)
involved, to the extent known;
(v) The extent of injuries, if any; and
(vi) The possible hazards to human
health, or the environment, outside the
site.
(e) During an emergency, the
emergency coordinator must take all
reasonable measures necessary to ensure
that fires, explosions, and releases do
not occur, recur, or spread to other
hazardous waste at the generator’s site.
These measures must include, where
applicable, stopping processes and
operations, collecting and containing
released waste, and removing or
isolating containers.
(f) If the generator’s site stops
operations in response to a fire,
explosion or release, the emergency
coordinator must monitor for leaks,
pressure buildup, gas generation, or
ruptures in valves, pipes, or other
equipment, wherever this is
appropriate.
(g) Immediately after an emergency,
the emergency coordinator must provide
for treating, storing, or disposing of
recovered waste, contaminated soil or
surface water, or any other material that
results from a release, fire, or explosion
at the facility. Unless the generator can
demonstrate, in accordance with
§ 261.3(c) or (d) of this chapter, that the
recovered material is not a hazardous
waste, then it is a newly generated
hazardous waste that must be managed
in accordance with all the applicable
independent requirements and
conditions for exemption in parts 262,
263, and 265 of this chapter.
(h) The emergency coordinator must
ensure that, in the affected area(s) of the
site:
(1) No waste that may be incompatible
with the released material is treated,
stored, or disposed of until cleanup
procedures are completed; and
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
(2) All emergency equipment listed in
the contingency plan is cleaned and fit
for its intended use before operations
are resumed.
(i) The generator must note in the
operating record the time, date, and
details of any incident that requires
implementing the contingency plan.
Within 15 days after the incident, the
generator must submit a written report
on the incident to the Regional
Administrator. The report must include:
(1) Name, address, and telephone
number of the generator;
(2) Date, time, and type of incident
(e.g., fire, explosion);
(3) Name and quantity of material(s)
involved;
(4) The extent of injuries, if any;
(5) An assessment of actual or
potential hazards to human health or
the environment, where this is
applicable; and
(6) Estimated quantity and disposition
of recovered material that resulted from
the incident.
58009
(4) An indication of the hazards of the
contents (examples include, but are not
limited to, the applicable hazardous
waste characteristic(s) (i.e., ignitable,
corrosive, reactive, toxic); a hazard class
label consistent with the Department of
Transportation requirements at 49 CFR
part 172 subpart E (labeling); a label
consistent with the Occupational Safety
and Health Administration Hazard
Communication Standard at 29 CFR
1920.1200; a chemical hazard label
consistent with the National Fire
Protection Association code 704; a
hazard pictogram consistent with the
United Nations’ Globally Harmonized
System; or any other marking and
labeling commonly used nationwide in
commerce that identifies the nature of
the hazards associated with the contents
of the waste accumulation unit).
PART 264—STANDARDS FOR
OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT,
STORAGE, AND DISPOSAL
FACILITIES
PART 263—STANDARDS APPLICABLE
TO TRANSPORTERS OF HAZARDOUS
WASTE
■
■
46. The authority citation for part 263
continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6924,
and 6925.
Authority: 42 U.S.C. 6906, 6912, 6922–
6925, 6937, and 6938.
■
48. The authority citation for part 264
continues to read as follows:
49. Section 264.1 is amended by
revising paragraphs (g)(1) and (3) to read
as follows:
47. Section 263.12 is revised to read
as follows:
§ 264.1
§ 263.12
*
■
Transfer facility requirements.
(a) A transporter who stores
manifested shipments of hazardous
waste in containers meeting the
independent requirements of § 262.30 of
this chapter at a transfer facility for a
period of ten days or less is not subject
to regulation under parts 264, 265, 267,
268, and 270 of this chapter with
respect to the storage of those wastes.
(b) The transporter must hold
hazardous wastes that are stored at
transfer facilities in containers marked
with the following information:
(1) The words ‘‘Hazardous Waste;’’
(2) The applicable EPA hazardous
waste number(s) (EPA hazardous waste
codes) in subparts C and D of part 261
of this chapter;
(3) Other words that identify the
contents of the containers (examples
may include, but are not limited to the
name of the chemical(s), such as
‘‘acetone’’ or ‘‘methylene dichloride’’; or
the type or class of chemical, such as
‘‘organic solvents’’ or ‘‘halogenated
organic solvents’’ or, as applicable, the
proper shipping name and technical
name markings used to comply with
Department of Transportation
requirements at 49 CFR part 172 subpart
D); and
PO 00000
Frm 00093
Fmt 4701
Sfmt 4702
Purpose, scope and applicability.
*
*
*
*
(g) * * *
(1) The owner or operator of a facility
permitted, licensed, or registered by a
state to manage municipal or industrial
solid waste, if the only hazardous waste
the facility treats, stores, or disposes of
is excluded from regulation under this
part by § 262.14 of this chapter;
*
*
*
*
*
(3) A generator accumulating waste on
site in compliance with § 262.14,
262.15, 262.16, or 262.17 of this chapter.
*
*
*
*
*
■ 50. Section 264.15 is amended by
revising paragraph (b)(4) and removing
the comment to paragraph (b)(4) and
paragraph (b)(5).
The revision reads as follows:
§ 264.15
General inspection requirements.
*
*
*
*
*
(b) * * *
(4) The frequency of inspection may
vary for the items on the schedule.
However, the frequency should be based
on the rate of deterioration of the
equipment and the probability of an
environmental or human health
incident if the deterioration,
malfunction, or operator error goes
undetected between inspections. Areas
E:\FR\FM\25SEP2.SGM
25SEP2
58010
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
subject to spills, such as loading and
unloading areas, must be inspected
daily when in use. At a minimum, the
inspection schedule must include the
items and frequencies called for in
§§ 264.174, 264.193, 264.195, 264.226,
264.254, 264.278, 264.303, 264.347,
264.602, 264.1033, 264.1052, 264.1053,
264.1058, and 264.1083 through
264.1089, where applicable. Part 270 of
this chapter requires the inspection
schedule to be submitted with part B of
the permit application. EPA will
evaluate the schedule along with the
rest of the application to ensure that it
adequately protects human health and
the environment. As part of this review,
EPA may modify or amend the schedule
as may be necessary.
*
*
*
*
*
■ 51. Section 264.71 is amended by
revising paragraph (c) and removing the
comment following paragraph (c).
The revision reads as follows:
§ 264.71
*
*
*
*
(c) Whenever a shipment of hazardous
waste is initiated from a facility, the
owner or operator of that facility must
comply with the requirements of part
262 of this chapter. The provisions of
§§ 262.15, 262.16, and 262.17 of this
chapter are applicable to the on-site
accumulation of hazardous wastes by
generators. Therefore, the provisions of
§§ 262.15, 262.16, and 262.17 of this
chapter only apply to owners or
operators who are shipping hazardous
waste which they generated at that
facility.
*
*
*
*
*
■ 52. Section 264.75 is revised to read
as follows:
Biennial report.
The owner or operator must complete
and submit EPA form 8700–13 to the
Regional Administrator by March 1 of
each even numbered year for facility
activities during the previous calendar
year.
■ 53. Section 264.170 is revised to read
as follows:
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
§ 264.170
Applicability.
The regulations in this subpart apply
to owners and operators of all hazardous
waste facilities that store hazardous
waste in containers, except as § 264.1
provides otherwise.
■ 54. Section 264.174 is revised to read
as follows:
§ 264.174
§ 264.191 Assessment of existing tank
system’s integrity.
(a) For each existing tank system that
does not have secondary containment
meeting the requirements of § 264.193,
the owner or operator must determine
that the tank system is not leaking or is
fit for use. Except as provided in
paragraph (c) of this section, the owner
or operator must obtain and keep on file
at the facility a written assessment
reviewed and certified by a qualified
Professional Engineer, in accordance
with § 270.11(d) of this chapter, that
attests to the tank system’s integrity by
January 12, 1988.
*
*
*
*
*
Use of manifest system.
*
§ 264.75
deterioration of containers and the
containment system cause by corrosion
or other factors. See §§ 264.15(c) and
264.171 for remedial action required if
deterioration or leaks are detected.
■ 55. Section 264.191 is amended by
revising paragraph (a) to read as follows:
Inspections.
At least weekly, the owner or operator
must inspect areas where containers are
stored. The owner or operator must look
for leaking containers and for
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
§ 264.195
[Amended]
56. Section 264.195 is amended by
removing and reserving paragraph (e).
■ 57. Section 264.1030 is amended by
revising paragraph (b)(2) to read as
follows:
Applicability.
*
*
*
*
*
(b) * * *
(2) A unit (including a hazardous
waste recycling unit) that is not exempt
from permitting under the provisions of
40 CFR 262.17 (i.e., a hazardous waste
recycling unit that is not a 90-day tank
or container) and that is located at a
hazardous waste management facility
otherwise subject to the permitting
requirements of 40 CFR part 270; or
*
*
*
*
*
■ 58. Section 264.1050 is amended by
revising paragraph (b)(3) to read as
follows:
§ 264.1050
*
*
*
*
(b) * * *
(3) A unit that is exempt from
permitting under the provisions of 40
CFR 262.17 (i.e., a ‘‘90-day’’ tank or
container) and is not a recycling unit
under the provisions of 40 CFR 261.6.
*
*
*
*
*
■ 59. Section 264.1101 is amended by
revising paragraph (c)(4) to read as
follows:
§ 264.1101 Design and operating
standards.
*
*
*
*
*
(c) * * *
(4) Inspect and record in the facility
operating record, at least once every
Frm 00094
Fmt 4701
60. The authority citation for part 265
continues to read as follows:
■
Authority: 42 U.S.C. 6905, 6906, 6912,
6922, 6923, 6924, 6925, 6935, 6936, and
6937.
61. Section 265.1 is amended by
revising paragraphs (c)(5) and (7) to read
as follows:
■
§ 265.1
Purpose, scope, and applicability.
Sfmt 4702
*
*
*
*
(c) * * *
(5) The owner or operator of a facility
permitted, licensed, or registered by a
State to manage municipal or industrial
solid waste, if the only hazardous waste
the facility treats, stores, or disposes of
is excluded from regulation under this
part by § 262.14 of this chapter;
*
*
*
*
*
(7) A generator accumulating waste on
site in compliance with §§ 262.15,
262.16, and 262.17 of this chapter,
except to the extent the provisions are
included in § 262.15, 262.16, or 262.17
of this chapter;
*
*
*
*
*
■ 62. Section 265.15 is amended by
revising paragraph (b)(4) and removing
paragraph (b)(5).
The revision reads as follows:
§ 265.15
General inspection requirements.
*
Applicability.
*
PO 00000
PART 265—INTERIM STATUS
STANDARDS FOR OWNERS AND
OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND
DISPOSAL FACILITIES
*
■
§ 264.1030
seven days, data gathered from
monitoring and leak detection
equipment as well as the containment
building and the area immediately
surrounding the containment building
to detect signs of releases of hazardous
waste.
*
*
*
*
*
*
*
*
*
(b) * * *
(4) The frequency of inspection may
vary for the items on the schedule.
However, the frequency should be based
on the rate of deterioration of the
equipment and the probability of an
environmental or human health
incident if the deterioration,
malfunction, or operator error goes
undetected between inspections. Areas
subject to spills, such as loading and
unloading areas, must be inspected
daily when in use. At a minimum, the
inspection schedule must include the
items and frequencies called for in
§§ 265.174, 265.193, 265.195, 265.226,
265.260, 265.278, 265.304, 265.347,
265.377, 265.403, 265.1033, 265.1052,
E:\FR\FM\25SEP2.SGM
25SEP2
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
265.1053, 265.1058, and 265.1084
through 265.1090, where applicable.
*
*
*
*
*
■ 63. Section 265.71 is amended by
revising paragraph (c) to read as follows:
for leaking containers and for
deterioration of containers caused by
corrosion or other factors. See § 265.171
for remedial action required if
deterioration or leaks are detected.
§ 265.71
§ 265.195
Use of manifest system.
*
*
*
*
*
(c) Whenever a shipment of hazardous
waste is initiated from a facility, the
owner or operator of that facility must
comply with the requirements of part
262 of this chapter. The provisions of
§§ 262.15, 262.16, and 262.17 of this
chapter are applicable to the on-site
accumulation of hazardous wastes by
generators. Therefore, the provisions of
§§ 262.15, 262.16, and 262.17 only
apply to owners or operators who are
shipping hazardous waste which they
generated at that facility.
*
*
*
*
*
■ 64. Section 265.75 is revised to read
as follows:
§ 265.75
Biennial report.
The owner or operator must complete
and submit EPA form 8700–13 to the
Regional Administrator by March 1 of
each even numbered year for facility
activities during the previous calendar
year.
■ 65. Section 265.111 is amended by
revising paragraph (c) to read as follows:
§ 265.111
Closure performance standard.
*
*
*
*
*
(c) Complies with the closure
requirements of this subpart, including,
but not limited to, the requirements of
§§ 265.197, 265.228, 265.258, 265.280,
265.310, 265.351, 265.381, 265.404,
265.445, and 265.1102.
■ 66. Section 265.114 is revised to read
as follows:
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
§ 265.114 Disposal or decontamination of
equipment, structures and soils.
During the partial and final closure
periods, all contaminated equipment,
structures and soil must be properly
disposed of, or decontaminated unless
specified otherwise in § 265.197,
265.228, 265.445, 265.258, 265.280,
265.310, or 265.1102. By removing all
hazardous wastes or hazardous
constituents during partial and final
closure, the owner or operator may
become a generator of hazardous waste
and must handle that hazardous waste
in accordance with all applicable
requirements of part 262 of this chapter.
■ 67. Section 265.174 is revised to read
as follows:
§ 265.174
Inspections.
At least weekly, the owner or operator
must inspect areas where containers are
stored. The owner or operator must look
VerDate Sep<11>2014
00:08 Sep 25, 2015
Jkt 235001
[Amended]
68. Section 265.195 is amended by
removing and reserving paragraph (d).
■
§ 265.201
[Removed and reserved]
69. Remove and reserve § 265.201.
■ 70. Section 265.1030 is amended by
revising paragraphs (b)(2) and (3) and
removing the Note to (b)(3).
The revisions read as follows:
■
§ 265.1030
Applicability.
*
*
*
*
*
(b) * * *
(2) A unit (including a hazardous
waste recycling unit) that is not exempt
from permitting under the provisions of
40 CFR 262.17 (i.e., a hazardous waste
recycling unit that is not a 90-day tank
or container) and that is located at a
hazardous waste management facility
otherwise subject to the permitting
requirements of 40 CFR part 270, or
(3) A unit that is exempt from
permitting under the provisions of 40
CFR 262.17 (i.e., a ‘‘90-day’’ tank or
container) and is not a recycling unit
under the requirements of 40 CFR 261.6.
*
*
*
*
*
■ 71. Section 265.1101 is amended by
revising paragraph (c)(4) to read as
follows:
§ 265.1101 Design and operating
standards.
*
*
*
*
*
(c) * * *
(4) Inspect and record in the facility’s
operating record at least once every
seven days data gathered from
monitoring and leak detection
equipment as well as the containment
building and the area immediately
surrounding the containment building
to detect signs of releases of hazardous
waste.
*
*
*
*
*
PART 268—LAND DISPOSAL
RESTRICTIONS
72. The authority citation for part 268
continues to read as follows:
■
Authority: 42 U.S.C. 6905, 6912(a), 6921,
and 6924.
73. Section 268.1 is amended by
revising paragraph (e)(1) to read as
follows:
■
§ 268.1
*
Purpose, scope, and applicability.
*
*
(e) * * *
PO 00000
Frm 00095
*
Fmt 4701
*
Sfmt 4702
58011
(1) Waste generated by very small
quantity generators, as defined in
§ 260.10 of this chapter;
*
*
*
*
*
■ 74. Section 268.7 is amended by
revising paragraph (a)(5) introductory
paragraph to read as follows:
§ 268.7 Testing, tracking, and
recordkeeping requirements for generators,
treaters, and disposal facilities.
(a) * * *
(5) If a generator is managing and
treating prohibited waste or
contaminated soil in tanks, containers,
or containment buildings regulated
under 40 CFR 262.15, 262.16, and
262.17 to meet applicable LDR
treatment standards found at § 268.40,
the generator must develop and follow
a written waste analysis plan which
describes the procedures they will carry
out to comply with the treatment
standards. (Generators treating
hazardous debris under the alternative
treatment standards of Table 1 to
§ 268.45, however, are not subject to
these waste analysis requirements.) The
plan must be kept on site in the
generator’s records, and the following
requirements must be met:
*
*
*
*
*
■ 75. Section 268.50 is amended by
revising paragraph (a)(2)(i) to read as
follows:
§ 268.50 Prohibitions on storage of
restricted waste.
(a) * * *
(2) * * *
(i) Each container is clearly marked
with:
(A) The words ‘‘Hazardous Waste;’’
(B) The applicable EPA hazardous
waste number(s) (EPA hazardous waste
codes) in subparts C and D of part 261
of this chapter;
(C) Other words that identify the
contents of the containers (examples
may include, but are not limited to the
name of the chemical(s), such as
‘‘acetone’’ or ‘‘methylene dichloride’’; or
the type or class of chemical, such as
‘‘organic solvents’’ or ‘‘halogenated
organic solvents’’ or, as applicable, the
proper shipping name and technical
name markings used to comply with
Department of Transportation
requirements at 49 CFR part 172 subpart
D); and
(D) An indication of the hazards of the
contents (examples include, but are not
limited to, the applicable hazardous
waste characteristic(s) (i.e., ignitable,
corrosive, reactive, toxic); a hazard class
label consistent with the Department of
Transportation requirements at 49 CFR
part 172 subpart E (labeling); a label
consistent with the Occupational Safety
E:\FR\FM\25SEP2.SGM
25SEP2
58012
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules
and Health Administration Hazard
Communication Standard at 29 CFR
1920.1200; a chemical hazard label
consistent with the National Fire
Protection Association code 704; a
hazard pictogram consistent with the
United Nations’ Globally Harmonized
System; or any other marking and
labeling commonly used nationwide in
commerce that identifies the nature of
the hazards associated with the contents
of the waste accumulation unit); and
(E) The date each period of
accumulation begins.
*
*
*
*
*
PART 270—EPA ADMINISTERED
PERMIT PROGRAMS: THE
HAZARDOUS WASTE PERMIT
PROGRAM
(2) Specific exclusions and
exemptions. The following persons are
among those who are not required to
obtain a RCRA permit:
(i) Generators who accumulate
hazardous waste on site in compliance
with all of the conditions for exemption
provided in 40 CFR 262.14, 262.15,
262.16, and 262.17.
*
*
*
*
*
(iii) Persons who own or operate
facilities solely for the treatment,
storage, or disposal of hazardous waste
excluded from regulations under this
part by 40 CFR 261.4.
*
*
*
*
*
§ 270.42
[Amended]
§ 273.81 Factors for petitions to include
other wastes under 40 CFR part 273.
*
*
*
*
*
(b) The waste or category of waste is
not exclusive to a specific industry or
group of industries, is commonly
generated by a wide variety of types of
establishments (including, for example,
households, retail and commercial
businesses, office complexes, very small
quantity generators, small businesses,
government organizations, as well as
large industrial facilities);
*
*
*
*
*
PART 279—STANDARDS FOR
MANAGEMENT OF USED OIL
■
■
76. The authority citation for part 270
continues to read as follows:
78. Section 270.42 is amended by
removing and reserving paragraph (l)
and the entries under O.1. in the table
of appendix I to § 270.42.
Authority: 42 U.S.C. 6905, 6912, 6924,
6925, 6927, 6939, and 6974.
PART 273—STANDARDS FOR
UNIVERSAL WASTE MANAGEMENT
Authority: Sections 1006, 2002(a), 3001
through 3007, 3010, 3014, and 7004 of the
Solid Waste Disposal Act, as amended (42
U.S.C. 6905, 6912(a), 6921 through 6927,
6930, 6934, and 6974) ; and sections 101(37)
and 144(c) of CERCLA (42 U.S.C. 9601(37)
and 9614(c)).
■
77. Section 270.1 is amended by
revising paragraphs (a)(3), (c)(2)
introductory text, (c)(2)(i), and (c)(2)(iii)
to read as follows:
■
§ 270.1 Purpose and scope of these
regulations.
mstockstill on DSK4VPTVN1PROD with PROPOSALS2
00:08 Sep 25, 2015
Jkt 235001
Authority: 42 U.S.C. 6922, 6923, 6924,
6925, 6930, and 6937.
80. Section 273.8 is amended by
revising the section heading and
paragraph (a)(2) to read as follows:
■
(a) * * *
(3) Technical regulations. The RCRA
permit program has separate additional
regulations that contain technical
requirements. These separate
regulations are used by permit issuing
authorities to determine what
requirements must be placed in permits
if they are issued. These separate
regulations are located in 40 CFR parts
264, 266, 267, and 268.
*
*
*
*
*
(c) * * *
VerDate Sep<11>2014
79. The authority citation for part 273
continues to read as follows:
■
§ 273.8 Applicability—household and very
small quantity generator waste.
(a) * * *
(2) Very small quantity generator
wastes that are exempt under § 262.14 of
this chapter and are also of the same
type as the universal wastes defined at
§ 273.9.
*
*
*
*
*
■ 81. Section 273.81 is amended by
revising paragraph (b) to read as follows:
PO 00000
Frm 00096
Fmt 4701
Sfmt 9990
82. The authority citation for part 279
continues to read as follows:
83. Section 279.10 is amended by
revising paragraph (b)(3) to read as
follows:
■
§ 279.10
Applicability.
*
*
*
*
*
(b) * * *
(3) Very small quantity generator
hazardous waste. Mixtures of used oil
and very small quantity generator
hazardous waste regulated under
§ 262.14 of this chapter are subject to
regulation as used oil under this part.
*
*
*
*
*
[FR Doc. 2015–23166 Filed 9–24–15; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\25SEP2.SGM
25SEP2
]]>Agencies
[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Proposed Rules]
[Pages 57917-58012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23166]
[[Page 57917]]
Vol. 80
Friday,
No. 186
September 25, 2015
Part II
Environmental Protection Agency
-----------------------------------------------------------------------
40 CFR Parts 260, 261, 262, et al.
Hazardous Waste Generator Improve; Proposed Rule
Federal Register / Vol. 80 , No. 186 / Friday, September 25, 2015 /
Proposed Rules
[[Page 57918]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 260, 261, 262, 263, 264, 265, 268, 270, 273, and 279
[EPA-HQ-RCRA-2012-0121; FRL 9924-07-OSWER]
RIN 2050-AG70
Hazardous Waste Generator Improvements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
proposing to revise the hazardous waste generator regulations under the
Resource Conservation and Recovery Act (RCRA) to improve compliance and
thereby enhance protection of human health and the environment.
Specifically, EPA proposes to revise certain components of the
hazardous waste generator regulatory program; address gaps in the
regulations; provide greater flexibility for hazardous waste generators
to manage their hazardous waste in a cost-effective and protective
manner; reorganize the hazardous waste generator regulations to make
them more user-friendly and thus improve their usability by the
regulated community; and make technical corrections and conforming
changes to address inadvertent errors, remove obsolete references to
programs that no longer exist, and improve the readability of the
regulations.
These proposed changes are both a result of EPA's experience in
implementing and evaluating the hazardous waste generator program over
the last 30 years, as well as a response to concerns and issues
identified by the states and regulated community.
DATES: Comments must be received on or before November 24, 2015.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2012-0121, to the Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or withdrawn. The
EPA may publish any comment received to its public docket. Do not
submit electronically any information you consider to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e. on the web,
cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jim O'Leary, U.S. Environmental
Protection Agency, Office of Resource Conservation and Recovery, (MC:
5304P), 1200 Pennsylvania Ave. NW., Washington, DC 20460, (703) 308-
8827, (oleary.jim@epa.gov) or Kathy Lett, U.S. Environmental Protection
Agency, Office of Resource Conservation and Recovery, (MC: 5304P), 1200
Pennsylvania Ave. NW., Washington, DC 20460, (703) 605-0761,
(lett.kathy@epa.gov).
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
Entities potentially affected by this action include between
353,000 and 543,000 industrial entities that generate hazardous waste
regulated under the RCRA Subtitle C regulations. Of this universe,
between 293,000 and 470,000 are conditionally exempt small quantity
generators (CESQGs) that will only be affected if they choose to take
advantage of two voluntary programs being proposed. Entities
potentially affected by this proposed rule include practically every
industrial sector, including printing, petroleum refining, chemical
manufacturing, plastics and resin manufacturing, pharmaceutical
manufacturing, paint and coatings, iron and steelmaking, secondary
smelting and refining, metal manufacturing, electroplating, circuit
board manufacturing, and automobile manufacturing, among other
industries.
As discussed in section XVIII, the Regulatory Impact Analysis (RIA)
for this action, available in the docket for this action, estimates the
future annualized cost to industry to comply with the proposed
requirements is between $6.2 and $17.4 million (at a 7% discount rate).
The annualized benefits for entities opting to take advantage of two
voluntary programs in the proposed rule (e.g., consolidation of CESQG
waste by large quantity generators (LQGs) under the same ownership, and
generators who change regulatory status episodically) is between $6.2
and $12.2 million (at a 7% discount rate) resulting in a net annualized
cost of between $0.1 million and $5.2 million.
The proposed Hazardous Waste Generator Improvements Rule is
expected to yield a variety of benefits as generators change several of
their waste management practices to comply with the proposed
regulations. These benefits reflect the rule's focus on enhancing
protection of human health and the environment while improving the
efficiency of the RCRA hazardous waste generator standards. Ideally,
the Agency would prefer to quantify and monetize the rule's total
benefits. However, only some categories of benefits are quantifiable.
For the majority of benefits, sufficient data are not available to
support a detailed quantitative analysis. For example, the added
flexibility from allowing a large quantity generator accumulating
ignitable or reactive hazardous waste to obtain a waiver from the local
fire department for 50-foot property line requirement at 40 CFR 265.176
(provided other safety requirements are met) is difficult to quantify.
In addition, quantifying the benefits associated with emergency
response due to changes in container labeling would require data on the
annual number of emergencies at generator sites, the current risks
associated with these incidents, the extent to which more detailed
labeling would affect the procedures of emergency responders, and the
reduction in risk associated with these changes. Detailed data on these
items are not readily available. In this and in similar cases, the
benefits are described qualitatively.
B. Incorporation by Reference (IBR)
This action is not proposing to add any new IBR material, however,
we are proposing to reorganize one of the existing requirements
containing IBR material to make the regulation easier for the reader to
follow. We are proposing to copy Sec. 265.201(g)(2) to Sec.
262.16(b)(3)(vii)(B). To accommodate this change, we are proposing to
update Sec. 260.11(d)(1), which is the IBR reference section for these
regulations, by adding a reference to Sec. 262.16. The materials for
which we are seeking incorporation by reference are for the NFPA 30
standard, Flammable and Combustible Liquids Code, and are available for
inspection at the ANSI Incorporation by Reference (IBR) Portal, https://ibr.ansi.org. Copies may be obtained from the National Fire Protection
Association, 1 Batterymarch Park, Quincy, MA 02269. (For ordering
information, call toll-free 1-800-344-3555.)
[[Page 57919]]
II. Statutory Authority
These regulations are proposed under the authority of sections
2002, 3001, 3002, 3003, 3004, 3007, and 3010 of the Solid Waste
Disposal Act of 1965, as amended by the Resource Conservation and
Recovery Act of 1976 (RCRA), as amended by the Hazardous and Solid
Waste Amendments of 1984 (HSWA), 42 U.S.C. 6921, 6922, 6923, and 6924.
This statute is commonly referred to as ``RCRA.''
III. What is the intent of this proposal?
EPA is proposing to revise the hazardous waste generator
regulations under RCRA to improve compliance by the regulated community
and support the efficient implementation of the hazardous waste
generator regulations by EPA and the states and, thereby enhance
protection of human health and the environment. Specifically, EPA
proposes to (1) revise certain components of the hazardous waste
generator regulatory program, primarily at 40 CFR 261.5 and 40 CFR part
262; (2) address identified gaps in the regulations; (3) provide
greater flexibility for hazardous waste generators to manage their
hazardous waste in a cost-effective and protective manner; (4)
reorganize the hazardous waste generator regulations to make them more
user-friendly and thus improve their usability by the regulated
community; and (5) make technical corrections and conforming changes to
address inadvertent errors, remove obsolete programs, and improve the
readability of the regulations.
These proposed changes are a result of EPA's experience in
implementing and evaluating the hazardous waste generator program over
the last 30 years, as well as a response to concerns and issues
identified by the states and regulated community.
The hazardous waste generator regulatory program was originally
promulgated in 1980. Over the course of the last 30 plus years, the
Agency, through experience with implementing the program, and in
various meetings, correspondence, and discussions with the states and
the regulated community, has become aware of ambiguities,
inconsistencies, gaps, and a lack of flexibility in the regulations,
which, if revised, could result in a program that is more effective in
protecting human health and the environment. Many of these problems
were identified in a 2004 program evaluation of the hazardous waste
generator program conducted by EPA.\1\ In 2013, a separate EPA program
evaluation addressing hazardous waste determinations also identified a
number of problems related to generators being able to make a proper
hazardous waste determination.\2\ Several of the proposed provisions
are also responsive to the 2014 Notice of Data Availability that EPA
issued on the retail sector asking for comment on hazardous waste
management practices in that sector and on challenges they face in
complying with RCRA (79 FR 8926, February 14, 2014).
---------------------------------------------------------------------------
\1\ Summary of Hazardous Waste Generator Regulatory Program
Evaluation, November 2004. See also public comments in Docket ID No.
EPA-HQ-RCRA-2003-0014.
\2\ Hazardous Waste Determination Program Evaluation, IEc, April
2013. https://www.epa.gov/evaluate/pdf/waste/haz-waste-determination.pdf.
---------------------------------------------------------------------------
Many of the changes in this proposal are revisions to existing
rules designed to improve generator compliance without any increase in
burden. For example, the Agency has inconsistently addressed the
situation where a generator generates both acute and non-acute
hazardous waste in a calendar month. This inconsistency has resulted in
uncertainty for the generator regarding what generator category, and
thus which regulatory provisions, would apply during that calendar
month. This proposal addresses the problem. The Agency is also
proposing to replace the phrase ``conditionally exempt small quantity
generator'' (CESQG) with the phrase ``very small quantity generator''
(VSQG) so as to be consistent with the other two generator categories--
large quantity generators (LQGs) and small quantity generators (SQGs).
Another area of the program that needs revision is the closure
regulations for hazardous waste generators under Sec. 262.34(a)(1).
The regulations do not expressly specify whether closure provisions
apply to generators accumulating hazardous waste in containment
buildings only or also to hazardous waste accumulated in containers,
tanks and on drip pads. This notice proposes to revise the closure
provisions to address these and other concerns.
The Agency is also proposing changes to improve flexibility for
generators of hazardous wastes. One example is the proposal to enhance
flexibility by allowing conditionally exempt small quantity generators
(CESQGs) to send hazardous waste to an LQG that is under the control of
the same person, provided certain conditions are met. Numerous
situations exist in industry, government, and academia where an
organization with satellite locations that qualify as CESQGs could take
advantage of this provision in order to consolidate and manage the
hazardous waste in an environmentally sound manner. In addition, this
proposal addresses the concern that some generators, such as generators
located in urban environments, may find it difficult to meet the
independent requirement that containers holding ignitable or reactive
waste must be placed 15 meters (50 feet) from the site's property line.
To build in flexibility, while maintaining protection of human health
and the environment, we are proposing to allow generators to apply for
a waiver from this requirement from their local fire department or
emergency response organization, and if approved, maintain
documentation of that agreement.
The Agency is also proposing to reorganize the hazardous waste
generator regulations to make them more user-friendly for various
stakeholders. For example, the current CESQG regulations are found at
Sec. 261.5, while the regulations for SQGs and LQGs are found in 40
CFR part 262. For convenience and ease of use, the Agency is proposing
to move all the generator regulations into 40 CFR part 262. As a result
of this reorganization, EPA is proposing to make a number of conforming
changes to other parts of the regulations that cite particular sections
of the part 262 regulations.
Lastly, the Agency is proposing to make several technical
corrections that address inadvertent errors in the regulations,
obsolete programs, and outdated citations.
IV. What is the scope of this proposal?
EPA is proposing to revise the hazardous waste generator
regulations, primarily at 40 CFR 261.5 and throughout 40 CFR part 262.
The Agency is also proposing some changes to parts 260, 263, 264, 265,
268, 270, 273, and 279 mostly for the purposes of maintaining
consistency with the proposed changes in part 262.
The preamble discussion of these proposed changes is organized by
where the existing regulations currently appear in the Code of Federal
Regulations (CFR). The preamble to this proposed rule first addresses
changes to the substance of the existing generator provisions, as well
as a number of related changes (sections VI through XII). These
proposed revisions are discussed using existing regulatory citations to
make the discussion easier to understand by those already familiar with
the hazardous waste generator regulations. In the cases where the
Agency is proposing to revise a regulation and is also proposing to
move it as part of the reorganization, the new citation for the
provision in the
[[Page 57920]]
proposed regulatory text is provided at the end of that section of
preamble discussion.
Following those sections, a discussion of the proposed
reorganization of the hazardous waste generator regulations is
presented (section XIII), including where the existing regulatory
sections would be located in the proposed reorganization. As part of
this discussion, we have provided a crosswalk table that compares where
a particular regulatory section is currently in the regulations and
where it would appear under the proposed reorganization.
Finally, a number of technical corrections are discussed (section
XIV).
A. Proposed Revisions to 40 CFR Part 260--Hazardous Waste Management
System: General
EPA is proposing to revise the definition of ``small quantity
generator'' and add definitions for the other two generator categories
as well as a definition for ``central accumulation area'' in Sec.
260.10. In addition, we propose to change the name of the
``conditionally exempt small quantity generator'' category to ``very
small quantity generator'' or VSQG.\3\ These proposed changes are
discussed in section VI of this preamble.
---------------------------------------------------------------------------
\3\ Despite this proposed change, in the preamble, EPA will
continue refer to this category as CESQGs to make it easier to
follow the other changes to the generator being proposed. We will
use the term ``VSQG'' when directly quoting proposed regulatory
text. This change is discussed fully in section VI of this preamble.
---------------------------------------------------------------------------
B. Proposed Revisions to 40 CFR Part 261--Identification and Listing of
Hazardous Waste
EPA is proposing four changes to the regulations currently in 40
CFR part 261. First, EPA is proposing to add a new provision that would
explain what generator category would apply to a generator that
generates both acute and non-acute hazardous waste in the same calendar
month. Second, the Agency is proposing to revise the regulations at
Sec. Sec. 261.5(h) and (i) and 261.3 that address the mixing of a non-
hazardous waste with a hazardous waste. Third, to make waste management
more efficient in some cases and improve environmental protection, the
Agency is proposing to amend Sec. 261.5(f)(3) and (g)(3) to allow
CESQGs to send their hazardous waste to LQGs that are operated under
control of the same person. Under this proposal, a CESQG that wants to
take advantage of this provision would need to comply with the proposed
requirements. Finally, the Agency is proposing to amend Sec. 261.6(c)
to require biennial reporting for owners or operators of facilities
that recycle but do not store hazardous waste before the recycling.
These proposed changes are discussed in section VII of this
preamble.
C. Proposed Revisions to 40 CFR Part 262--Standards Applicable to
Generators of Hazardous Waste
EPA is proposing a number of changes to the regulations for
generators of hazardous waste at 40 CFR part 262 to improve the
understanding of the RCRA generator regulations in order to encourage
increased compliance by the regulated community. These proposed changes
include the following:
Revising the scope and applicability section to
distinguish between independent requirements and conditions for
exemption for generators of hazardous waste.
Revising the regulations for making hazardous waste
determinations;
Requiring re-notification by SQGs and LQGs;
Revising the regulations for labeling and marking of
containers, tanks, drip pads, and containment buildings when
accumulating hazardous wastes;
Revising the closure provisions for LQGs;
Updating the preparedness, prevention, planning and
emergency procedures provisions for SQGs and LQGs;
Revising the provisions for satellite accumulation areas
(SAA) for SQGs and LQGs;
Revising the SQG regulations for accumulating hazardous
waste on drip pads;
Deleting obsolete regulations that refer to the
Performance Track program;
Revising the biennial reporting provisions for LQGs;
Adding a provision that hazardous waste generators are
prohibited from disposing liquid hazardous waste in landfills.
These proposed changes to the generator regulations in part 262 are
discussed in section VIII of this preamble.
D. Proposed Addition to 40 CFR Part 262 for Generators That Temporarily
Change Generator Category as a Result of an Episodic Event
To provide greater program flexibility, EPA is proposing to allow a
CESQG or an SQG to maintain its existing generator category in the
event of either a planned or unplanned episodic event in which the
CESQG or SQG generates a quantity of hazardous waste in a calendar
month that would otherwise bump the CESQG or SQG into a more stringent
generator regulatory category (e.g., CESQG to either an SQG or an LQG,
or alternatively an SQG to an LQG), provided certain conditions are
met. Because these events would be temporary and episodic in nature,
the generator would only be allowed to take advantage of this provision
once every calendar year. Generators may also petition EPA or the
authorized state to request permission to initiate a second episodic
event during a calendar year.
This proposed addition to the regulations is discussed in section
IX of this preamble.
E. Proposed Revisions to 40 CFR Part 263--Standards Applicable to
Transporters of Hazardous Waste
To improve environmental protection, EPA is proposing to revise the
marking and labeling standards for transporters to be consistent with
the proposed marking and labeling standards for containers for SQGs,
LQGs, and satellite accumulation areas elsewhere in this proposal.
These proposed changes are discussed in section X of this preamble.
F. Proposed Revisions to 40 CFR Parts 264 and 265--Standards for Owners
and Operators of Hazardous Waste TSDFs and Interim Status Standards for
Owners and Operators of Hazardous Waste TSDFs
The Agency is proposing modifications to the biennial reporting
provisions in 40 CFR parts 264 and 265 to specifically include
facilities receiving hazardous wastes without a permit, such as
reclaimers that do not store incoming materials and reclaimers
operating under a variance. EPA is also proposing to modify the special
conditions for ignitable and reactive wastes at Sec. 265.176 to allow
LQGs to apply for a waiver from their local fire departments if they
are unable to meet the condition that hazardous waste be stored at
least 15 meters (50 feet) from the site's boundary.
These proposed changes are discussed in section XI of this
preamble.
G. Proposed Revisions to 40 CFR Part 268--Land Disposal Restrictions
EPA is proposing to revise the marking and labeling requirements at
Sec. 268.50 to be consistent with the proposed marking and labeling
standards for containers at SQGs, LQGs, and satellite accumulation
areas elsewhere in this proposal. These proposed changes are discussed
in section XII of this preamble.
[[Page 57921]]
H. Proposed Reorganization of Hazardous Waste Generator Regulations
In addition to the proposed program changes outlined in this
notice, EPA is proposing to reorganize the regulations for hazardous
waste generators to consolidate most of the generator regulations into
40 CFR part 262 and reduce cross-referencing where possible. EPA
believes this reorganization will assist CESQGs, SQGs, and LQGs in
understanding their regulatory responsibilities.
The reorganization is discussed after completion of the other
proposed changes in this proposal so that readers can more easily
compare the existing regulatory framework with this proposal.
The reorganization is discussed in section XIII of this preamble.
I. Technical Corrections and Conforming Changes to 40 CFR Parts 260
Through 265, 270, 273, and 279
The Agency is proposing a number of technical corrections and
conforming changes to correct existing errors in the hazardous waste
generator regulations, as well as in other areas of the hazardous waste
regulations, such as typographical mistakes, incorrect or outdated
citations, and omissions of text. In addition, EPA is proposing
technical changes to address the impacts of reorganizing the hazardous
waste regulations.
These changes are discussed in section XIV of this preamble.
J. Request for Comment on Use of Electronic Tools To Streamline
Hazardous Waste Reporting and Recordkeeping Requirements
As part of this proposed rule, the Agency is also exploring the
feasibility of using electronic tools to streamline the hazardous waste
recordkeeping and reporting requirements. EPA requests comment on the
usefulness of such tools to help the regulated community comply with
the recordkeeping and reporting requirements in the RCRA hazardous
waste regulations.
This request for comment is discussed in section XV of this
preamble.
V. Background
A. History of the Hazardous Waste Generator Program
As originally promulgated in 1980, the basic regulatory framework
for hazardous waste generators consisted of two categories: Small
quantity generators (SQGs) and large quantity generators (LQGs). Since
then, there have been three major changes. First, as a result of the
Hazardous and Solid Waste Amendments (HSWA) of 1984, a rule was
promulgated that created a third generator category by splitting the
SQG category in two and creating conditionally exempt small quantity
generators (CESQGs). (51 FR 10146, March 24, 1986).\4\
---------------------------------------------------------------------------
\4\ Known as the Small Quantity Generator rule.
---------------------------------------------------------------------------
Second, also as a result of HSWA, the Land Disposal Restriction
(LDRs) regulations required hazardous waste generators to ensure that
their hazardous waste either met a specified treatment standard or
performance standard, or, if not, was treated to specified
concentrations or performance standards prior to land disposal.\5\
---------------------------------------------------------------------------
\5\ Land Disposal Restrictions, https://www.epa.gov/osw/hazard/tsd/ldr/index.htm.
---------------------------------------------------------------------------
Third, the Agency modified the Uniform Hazardous Waste Manifest
regulations and associated manifest document used to track hazardous
waste from a generator's site to its ultimate disposition (70 FR 10776,
March 4, 2005; 70 FR 35034, June 16, 2005). The revisions to the
Uniform Hazardous Waste Manifest standardized the content and
appearance of the manifest form, made the forms available from a
greater number of sources, and adopted new procedures for tracking
certain types of hazardous waste shipments with the manifest.
Otherwise, the changes that have occurred to the hazardous waste
generator regulatory program have been, for the most part, relatively
minor.
B. The Current Hazardous Waste Generator Regulations
1. Determining Generator Category
The hazardous waste generator regulatory program is structured
around the quantity of hazardous waste a person (or generator)
generates in a calendar month (by site). The quantity of hazardous
waste generated determines a generator's category for the month, which
in turn determines what requirements are applicable to the generator
(including determining how the generator can qualify for an exemption
from other regulations, such as having to get a storage permit).
The three generator categories--LQG, SQG, and CESQG--are based on
the quantities of acute and non-acute hazardous waste generated by the
generator.
For non-acute hazardous waste, the thresholds are as follows:
--LQGs generate 1,000 kilograms or greater of hazardous waste in a
calendar month.
--SQGs generate greater than 100 kilograms but less than 1,000
kilograms of hazardous waste in a calendar month; and
--CESQGs generate no more than 100 kilograms of hazardous wastes in
a calendar month.
For acute hazardous waste, the regulations at 40 CFR 261.5(e) state
that if a generator generates acute hazardous waste in a calendar month
in quantities greater than a total of one kilogram of acute hazardous
waste listed in Sec. 261.31 or 261.33(e) or a total of 100 kilograms
of any residue or contaminated soil, waste, or other debris resulting
from the cleanup of a spill of any acute hazardous waste listed in
Sec. 261.31 or 261.33(e), then all quantities of that acute hazardous
waste are subject to the full set of LQG requirements.\6\
---------------------------------------------------------------------------
\6\ One of the technical corrections EPA is proposing with this
rulemaking is to replace the word ``waste'' in this definition with
the word ``water.'' This would return the definition to what it read
before it was changed, we believe accidentally, in 1985. See section
XIV of this preamble for a discussion of the proposed technical
corrections.
---------------------------------------------------------------------------
In order to determine what requirements are applicable, a generator
must first identify all the hazardous waste it generates subject to
regulation using the four-step process below:
1. Determine whether the material is a solid waste subject to RCRA
regulations at Sec. 261.2;
2. If the material is a solid waste, then determine whether the
solid waste is specifically excluded from regulation by examining the
exclusions at Sec. 261.4(a) and (b);
3. If not excluded, then determine whether the solid waste is a
hazardous waste at Sec. 262.11; and
4. If the material is a hazardous waste, then determine whether it
is exempt from being counted towards its generator category by
reviewing the exemptions at Sec. 261.5(c) and (d).
Once that is completed, the generator must count the amount of
regulated hazardous waste generated during the calendar month to
determine its generator category.
Once a generator determines its generator category for the month,
it then must manage the hazardous waste it generates and accumulates in
a manner that complies with specified requirements, including
requirements that qualify the generator for an exemption from having to
obtain a permit.\7\ Therefore, determining a generator's category is
essential to
[[Page 57922]]
determining the part 262 requirements a generator must comply with.
---------------------------------------------------------------------------
\7\ Note that the exemptions provided by the regulations are not
just for a permit exemption. The exemption is also from RCRA section
3004(a)(1)-(6) regulations; i.e., the regulations in 262 and 264,
267, etc.
---------------------------------------------------------------------------
2. Types of Generator Standards: Requirements and Conditions
When RCRA was enacted in 1976, the law did not explicitly address
whether a permit would be required for generators accumulating
hazardous wastes. However, it was clear in the legislative history of
RCRA that Congress did not want to interfere with commerce and impose
permitting requirements on every generator who accumulated hazardous
wastes. Therefore, Congress deferred to EPA in how it would reconcile
this issue. When EPA developed the regulations applicable to
generators, it established two types of requirements for them: (1)
Independent requirements that would apply to generators regardless of
whether or not they choose to obtain an exemption from the permit
requirement and from other applicable requirements (``independent
requirements''); and (2) requirements to meet in order to achieve the
specific purpose of obtaining such an exemption from permitting and
from other applicable requirements (``conditions for exemption'').
An ``independent requirement'' in the context of the RCRA hazardous
waste generator regulations is an unqualified standard. For example,
the requirements of 40 CFR part 262 subpart D (Recordkeeping and
Reporting), and the requirements in Sec. Sec. 262.30 through 262.33,
are among the independent requirements applicable to generators. If a
generator violates an independent requirement, it may be subject to an
enforcement action under section 3008 of RCRA. Unlike conditions for an
exemption, independent requirements have no direct relationship to the
option of obtaining or maintaining an exemption from certain RCRA
regulations.\8\
---------------------------------------------------------------------------
\8\ EPA is proposing to make the distinction between
``independent requirement'' and ``condition for exemption'' more
clear by placing definitions of these terms in the regulations at
Sec. 262.1. See section VIII.A.1 for additional discussion.
---------------------------------------------------------------------------
A ``condition for exemption,'' on the other hand, is a prerequisite
that is necessary to occur or be met in order for something else to
take legal effect. Thus, in the context of the RCRA hazardous waste
generator regulations, a RCRA ``condition for exemption'' is a
requirement that a generator must comply with in order to obtain or
maintain an exemption from RCRA permitting requirements in part 270 and
the requirements in part 264 or part 265. For example, a conditionally
exempt small quantity generators (CESQGs) must meet a condition for
exemption in order for its hazardous waste to be exempt from the
requirements in parts 124, 262 through 266, 268, or 270, or from any
requirement for notification under section 3010 of RCRA for its
hazardous waste. A CESQG that fails to meet all of the conditions for
an exemption for CESQGs in Sec. 261.5 would now be subject to all
these requirements.
The conditions for exemption available to large and small quantity
generators are found in the current regulations at Sec. 262.34.\9\
Should a small quantity generator or large quantity generator fail to
meet all the conditions for an exemption, it would not only be subject
to having to obtain a permit under part 270 but also to the
requirements in part 264 or part 265.
---------------------------------------------------------------------------
\9\ Under this proposed rule these conditions for exemption
would be moved to proposed sections Sec. Sec. 262.14 through
262.17.
---------------------------------------------------------------------------
As stated above, complying with the conditions for exemption is not
required because it is not mandatory for a generator to obtain and
maintain an exemption from RCRA permitting requirements. Instead, when
a generator does not comply with a certain condition or conditions for
exemption, the consequence is that the generator either fails to
obtain--or loses--the exemption from the RCRA permitting requirements
(unless it has complied with all of the conditions for a different
applicable exemption from those requirements). This means that, because
there is no exemption, permitting requirements become applicable to the
generator for the same time period that the generator is out of
compliance with the conditions for exemption.
3. Types of Conditional Exemptions
The current RCRA regulations afford generators two types of
conditional exemptions: (1) An exemption from most of the 40 CFR part
262 requirements, available to farmers and to CESQGs, and (2) an
exemption from 40 CFR parts 124, 264 through 268, 270, and 279
requirements, and from the notification requirements of section 3010 of
RCRA, available to SQGs and LQGs that accumulate hazardous waste.
The first conditional exemption is available only to farmers and
CESQGs. With respect to farmers, this conditional exemption is found in
part 262 subpart G and is limited to waste pesticides that are RCRA
hazardous wastes that the farmer generates, provided the farmer triple
rinses each emptied pesticide container in accordance with Sec.
261.7(b)(3) and disposes of the pesticide residues on his own farm in a
manner consistent with the disposal instructions on the pesticide
label. This exemption from part 262 relieves farmers and CESQGs from
the requirements related specifically to the generation, management,
and transportation of hazardous wastes provided such waste meets
certain conditions, including that the waste is treated or disposed of
on site or is delivered to an off-site treatment, storage, or disposal
facility which is located in the United States and is one of seven
specified types of facilities. Provided the farmer and/or CESQG meets
these conditions, they are not subject to the 40 CFR part 262, as well
as other hazardous waste management requirements.
The second type of conditional exemption relieves generators that
accumulate hazardous waste from the permitting and other requirements
applicable to treatment, storage, and disposal facilities and makes
temporary accumulation of hazardous waste possible for generators and
is found in Sec. 262.34. In EPA's experience, virtually every
generator accumulates or stores its hazardous waste on site for some
period before sending it to either an on-site or off-site permitted or
interim status treatment storage or disposal facility (TSDF) or other
RCRA-authorized disposal site. However, provided the generator meets
the conditions in this exemption, they would not be subject to the
permitting requirements and operations requirements applicable to a
hazardous waste management facility for storage, or a ``storage
facility.'' \10\
---------------------------------------------------------------------------
\10\ See 40 CFR 270.2 (``hazardous waste management facility'').
---------------------------------------------------------------------------
The generator regulations in part 262, therefore, are made up of
both independent requirements and conditions for exemptions. All
generators are subject to at least one requirement in part 262 (i.e.,
making a hazardous waste determination); however, the total number of
part 262 requirements applicable to a generator depends on the total
quantity of hazardous waste it generates each calendar month and
therefore what generator category it is for that month. All generators
can choose the extent of their regulation under RCRA by either meeting,
or failing to meet, all of the conditions for an exemption from
regulation as a storage facility.
Of all the generators, LGQs are subject to the most independent
requirements. The current regulations at Sec. 262.34(a) are quite
clear for LQGs where they state that a generator may accumulate
hazardous waste on-site for 90 days or less without a permit or without
having
[[Page 57923]]
interim status, provided that it meets the listed conditions for the
exemption. These conditions relate to the technical requirements for
containers, tanks, drip pads, and containment buildings, in addition to
marking and labeling of containers, closure, personnel training,
emergency response procedures, and contingency planning. In effect,
should an LQG not meet any one of these conditions, it would be
operating illegally without a permit. The same regulatory framework
applies to CESQGs and SQGs, but with different conditions.
SQGs have fewer independent requirements and conditions for
exemption than LQGs. In particular, SQGs have longer accumulation time
limits than LQGs (up to 180 days, or 270 days, if the hazardous waste
is shipped greater than 200 miles) and have fewer regulations related
to personnel training, contingency planning, and emergency response
procedures. SQGs also do not have to submit biennial reports. However,
like LQGs, SQGs must obtain an EPA ID number, meet the technical
standards for containers and tanks, comply with manifesting
regulations, and send their hazardous waste to a RCRA permitted
hazardous waste TSDF. In addition, SQGs may not accumulate more than
6,000 kilograms of hazardous waste at any one time.
CESQGs have very few conditions. Specifically, in order for CESQGs
to be excluded from 40 CFR parts 124, 262 through 266, 268, and 270 and
the notification requirements of section 3010 of RCRA, they must (1)
make correct hazardous waste determinations; \11\ (2) accumulate no
more than 1,000 kilograms of hazardous waste at any one time or
accumulate no more than the quantities of acute hazardous wastes set
forth in Sec. 261.5(e)(1) or (2) at any one time; and (3) send
hazardous waste to one of seven specified types of facilities described
in Sec. Sec. 261.5(e)(3) and 261.5(g)(3).\12\ All other regulations
applicable to LQGs and SQGs are not applicable to CESQGs that comply
with these conditions.
---------------------------------------------------------------------------
\11\ Making a correct hazardous waste determination is a
condition for the exemption for CESQGs but an independent
requirement for SQGs and LQGs.
\12\ A CESQG may send hazardous waste to the following types of
facilities: (1) A hazardous waste facility permitted by EPA; (2) an
interim status hazardous waste facility; (3) a hazardous waste
facility permitted by an authorized state; (4) a facility permitted,
licensed or registered by a state to manage municipal solid waste;
(5) a facility permitted, licensed or registered by a state to
manage non-municipal non-hazardous solid waste; (6) a facility which
beneficially uses or reuses or legitimacy recycles or reclaims its
wastes or treats its waste prior to beneficial use or reuse or
legitimacy recycling or reclamation; or (7) universal waste handler
or destination facility subject to the requirements in 40 CFR part
273. The Agency is proposing an eighth location where CESQGs would
be allowed to send their hazardous wastes (e.g., an LQG within the
same company provided specified conditions are met).
---------------------------------------------------------------------------
Table 1--Summary of Generator Regulations provides a summary of
requirements that represent conditions for an exemption for CESQGs,
SQGs and LQGs. As noted in the table, the category ``Conditions for
Exemption'' applies to such requirements as the quantity generated and
accumulated, accumulation time, the technical standards for containers,
tanks, drip pads and containment buildings, marking and labeling,
personnel training, contingency planning and emergency procedures. It
is important to note that a waste determination is an independent
requirement for SQGs and LQGs, whereas it is a condition for exemption
for CESQGs as defined at Sec. 261.5(f)(1) and (g)(1).\13\
---------------------------------------------------------------------------
\13\ Note that state hazardous waste programs may be more
stringent than the federal program and also broader in scope.
Table 1--Summary of Generator Regulations
----------------------------------------------------------------------------------------------------------------
CESQGs SQGs LQGs
----------------------------------------------------------------------------------------------------------------
Generator Category............... <=100 kg/month........... >100 and <1,000 kg/month >=1,000 kg/month
<=1 kg/month of acute <=1 kg/month of acute >1 kg/month of acute
hazardous waste. hazardous waste. hazardous waste
<=100 kg/month of acute <=100 kg/month of acute >100 kg/month of acute
spill residue or soil. spill residue or soil. spill residue or soil
Sec. Sec. 261.5(a) and Sec. Sec. 262.34(d) Sec. Sec. 262.34(a)
(e). and 261.5(e). and 261.5(e).
----------------------------------------------------------------------------------------------------------------
Conditions for Exemption
----------------------------------------------------------------------------------------------------------------
Hazardous Waste Determination.... Sec. 262.11............ N/A..................... N/A.
On-Site Accumulation Quantity.... <=1,000 kg............... <=6,000 kg.............. No limit.
<=1 kg acute............. Sec. 262.34(d)(1).....
<=100 kg of acute spill
residue or soil.
Sec. 261.5(f)(2) and
(g)(2).
Satellite accumulation........... Not applicable........... Sec. 262.34 (c)(1) and Sec. 262.34 (c)(1) and
(2). (2).
Accumulation Time Limits......... None..................... <=180 days or <=270 days <=90 days.
(if greater than 200 Sec. 262.34(a).
miles).
Sec. 262.34(d)(2) and
(3).
Accumulation Conditions.......... Sec. 261.5 (f)(1) and Reduced standards for Full compliance for
(2); Sec. 261.5 (g)(1) the management of management of hazardous
and (2). hazardous waste in waste in containers,
containers and tanks. tanks, drip pads, or
Sec. 262.34(d)(2) and containment buildings.
(3). Sec. 262.34(a).
Sent To:......................... One of seven state RCRA permitted/interim RCRA permitted/interim
approved or RCRA status facility. status facility.
permitted/interim status
facilities.
Sec. 261.5(f)(3) and
(g)(3).
Personnel Training............... Not required............. Reduced training Full compliance with
standards. Sec. Sec. 265.16 and
Sec. 262.34(d)(5)(iii) 262.34(a)(4).
Marking and labeling............. Not required............. Sec. 262.34 (a)(2) and Sec. 262.34 (a)(2) and
(3). (3).
Contingency Plan................. Not required............. Reduced standards....... Full compliance with
Sec. 262.34(d)(5)(i).. part 265 subparts C and
D.
Sec. 262.34(a)(4).
[[Page 57924]]
Emergency Procedures............. Not required............. Part 265 subpart C...... Full compliance with
Sec. 262.34(d)(5)(iv). part 265 subparts C and
D.
Sec. 262.34(a)(4).
Closure.......................... Not required............. Not required............ Sec. 262.34(a)(1)(iv)/
Sec. Sec. 265.111
and 265.114.
Land Disposal Restrictions....... Not required............. 40 CFR 262.34(a)(4)/40 40 CFR 262.34(a)(4)/40
CFR part 268. CFR part 268.
----------------------------------------------------------------------------------------------------------------
C. Hazardous Waste Generator Demographics
In 2011, 16,447 generators reported generating approximately 34.4
million tons of hazardous waste.\14\ Of the 16,447 generators, 14,262
were LQGs and 2,185 were non-LQGs, meaning these entities submitted a
biennial report but did not report generating sufficient amounts of
hazardous waste to be categorized as an LQG.
---------------------------------------------------------------------------
\14\ EPA's National Biennial RCRA Hazardous Waste Report (Based
on 2011 Data) https://www.epa.gov/osw/inforesources/data/br11/index.htm.
---------------------------------------------------------------------------
The fifty largest hazardous waste generators reported generating
28.7 million tons, or 83 percent of the total. Additionally, 3,148
generators, or approximately 19 percent of the total reporting
universe, reported generating only one hazardous waste stream, while
8,435 generators, or 51 percent of the total reporting universe,
reported generating between one and five hazardous waste streams.\15\
At the other extreme were 843 generators, or 5 percent of the total
reporting universe, that reported generating 41 or more hazardous waste
streams. These generators included sites from the waste treatment
industry as well as academic and industrial laboratories.
---------------------------------------------------------------------------
\15\ Summary of the number of GM forms submitted by LQGs in 2011
Biennial Report.
---------------------------------------------------------------------------
Of the 34.4 million tons of hazardous waste generated in 2011, 30.5
million tons, or 89 percent, were generated in just five industrial
sectors: Basic Chemical Manufacturing (which alone accounted for 55
percent of the hazardous waste generated); Petroleum and Coal Products
Manufacturing, Waste Treatment and Disposal; Pesticide, Fertilizer, and
Other Chemical Manufacturing; and Iron and Steel Mills and Ferroalloy
Manufacturing.
Unlike LQGs, who must submit a biennial report every two years
describing the types and quantities of hazardous waste generated and
its subsequent disposition, SQGs are not required to provide such
information to the Agency. Consequently, the Agency lacks the level of
detail for SQGs that is available for LQGs. However, based on a review
of biennial report data provided by treatment, storage, and disposal
facilities (which must report waste received from all hazardous waste
generators) and site identification data (from SQGs obtaining an EPA ID
number), EPA estimates the number of SQGs to range from 45,762 to
59,702.\16\
---------------------------------------------------------------------------
\16\ Estimate of Total Number of SQGs and CESQGs, July 2013. We
estimated this range by doing the following: (1) Identifying
hazardous waste generators who shipped hazardous waste off site in
2007, 2009, and 2011 using the Biennial Report's WR form and (2)
cross walking that universe with data received from Site ID forms to
identify the ``active'' SQG universe. The high-end estimate
represents SQGs who shipped hazardous waste off site in any one of
the three Biennial Report cycles, since many hazardous waste
generators fluctuate in the regulatory status from year to year. The
estimate also includes new SQGs who notified after the 2011 biennial
report. The low-end represents SQGs who shipped hazardous waste off
site in 2011 only as well as new SQG notifiers. A copy of the
results can be found in the docket to this proposal.
---------------------------------------------------------------------------
Because CESQGs are not required to obtain a RCRA ID, the
information available to the Agency is limited to those states that
require their CESQGs to obtain a RCRA ID. Therefore, in estimating the
size of the CESQG universe, the Agency developed a methodology that
extrapolated the size of the CESQG universes based on the data
available in those states that require CESQGs to obtain a RCRA ID. We
first established a ratio of SQGs to CESQGs in those states where
information was available on the CESQG universe and then used that
ratio to estimate the size of a state's CESQG universe where CESQG
information was unavailable. Using this methodology, EPA currently
estimates the size of the CESQG universe to range from 302,807 to
425,752.\17\ However, we believe this range most likely underestimates
the true number of CESQGs because we believe there are many more
facilities unaware of their obligations under the RCRA hazardous waste
regulations and the need to conduct correct hazardous waste
determinations.
---------------------------------------------------------------------------
\17\ Methodology to Estimate the National Number of CESQGs, July
2013.
---------------------------------------------------------------------------
D. 2004 Hazardous Waste Generator Program Evaluation
On April 22, 2004, EPA published the ``Hazardous Waste Generator
Program Evaluation'' Advanced Notice of Proposed Rulemaking (69 FR
21800). The purpose of the April 2004 notice was to seek information
from stakeholders in order to evaluate the effectiveness of the RCRA
hazardous waste generator program, as well as to identify areas for
potential improvement.
Specifically, the April 2004 notice requested that stakeholders
answer a series of questions in a number of areas of the hazardous
waste generator regulatory program, including program effectiveness,
improvements, redundancy, innovation, performance, burden reduction,
pollution prevention and recycling, and priorities. Questions included
whether the existing RCRA hazardous waste generator regulatory program
is meeting its goal of protecting human health and the environment and
whether the regulations are easy to understand, including questions
asking which specific regulations are unclear or have been interpreted
inconsistently.
EPA also included in the April 2004 notice a list of program areas
that had previously been identified by stakeholders as needing
improvement. These program areas included waste accumulation times,
waste generation quantity thresholds and counting rules for LQGs, SQGs,
and CESQGs, episodic generator provisions, waste sampling and testing,
waste management standards, satellite accumulation, generator
accumulation and treatment in containers or tanks, closure standards
for generators, co-generator standards, RCRA identification numbers,
waste minimization, and land disposal restriction requirements
applicable to generators. During the comment period, EPA also held four
public meetings in May 2004 in Boston, MA, Chicago, IL, Washington, DC,
and Seattle, WA.
In response to the April 2004 notice and the May 2004 public
meetings, EPA received over 500 comments from 55 organizations and
individuals, including 9 states, 5 federal agencies, 2
[[Page 57925]]
universities, 12 trade associations, and 22 companies.\18\ Overall,
EPA's effort to seek information regarding the effectiveness of the
hazardous waste generator regulatory program received a favorable
response.
---------------------------------------------------------------------------
\18\ Public comments can be found in Docket ID No. RCRA-2003-
0014.
---------------------------------------------------------------------------
Many commenters agreed that implementation of the generator
regulations has made significant improvements in managing hazardous
waste and has resulted in fewer releases of hazardous waste to the
environment. However, many commenters identified several improvements
they believed needed to be made to regulations. Specifically, they
suggested the following:
Simplify the regulations to make them more user-friendly
and easy to understand, such as eliminating cross-referencing and
codifying guidance into regulations, where applicable.
Improve the efficiency of the program by clearing up
ambiguities and removing potential redundancies, such as defining what
constitutes a closed container and clarifying parts of the satellite
accumulation regulations.
Provide greater flexibility in the regulations, such as
regulations that allow for episodic generation and that allow wastes to
be shipped from remote locations to a centralized location to enable
better waste management.
Require re-notification to ensure better data quality to
support compliance monitoring of SQG facilities (state commenters).
Improve regulations on hazardous waste determinations,
including when it is appropriate to use generator knowledge instead of
analytical testing (Industry commenters).
In response to the comments on the April 2004 notice, EPA took
several actions to help improve the hazardous waste generator program
in order to foster better compliance. Actions included (1) improving
EPA's Web site for the hazardous waste generator regulatory
program,\19\ (2) developing an online guide to the hazardous waste
generator regulations,\20\ (3) releasing guidance for management of
hazardous waste in closed containers,\21\ (4) issuing a technical
corrections direct final rule,\22\ and (5) conducting an evaluation of
the hazardous waste determination program.\23\ While these actions have
helped to improve the hazardous waste generator program, the Agency
recognizes that many of the changes identified by commenters can only
be made through rulemaking. Thus, this proposed rule requests comment
on a number of changes to the hazardous waste generator regulations.
---------------------------------------------------------------------------
\19\ https://www.epa.gov/osw/hazard/generation/index.htm.
\20\ ``Hazardous Waste Generator Regulations: A User-Friendly
Reference Document'' (https://www.epa.gov/osw/hazard/downloads/tool2012.pdf).
\21\ Memorandum from Betsy Devlin, Acting Director of EPA's
Waste Recovery and Waste Management Division, to RCRA Division
Directors, ``Closed Container Guidance: Questions and Answers (Qs &
As), November 3, 2011, incorporating Memorandum from Robert
Dellinger, Director of EPA's Materials Recovery and Waste
Management. Division, to RCRA Division Directors, ``Guidance on 40
CFR 264.173(a) and 265.173(a): Closed Containers,'' December 3,
2009, RCRA Online 14826.
\22\ 75 FR 12989, March 18, 2010.
\23\ Hazardous Waste Determination Program Evaluation, April
2013 (https://www.epa.gov/evaluate/pdf/waste/haz-waste-determination.pdf).
---------------------------------------------------------------------------
VI. Proposed Revisions to 40 CFR Part 260--Hazardous Waste Management
System: General
A. Generator Category Definitions (40 CFR 260.10)
EPA is proposing to codify definitions for the three categories of
hazardous waste generators (CESQG, SQG and LQG). The term ``small
quantity generator'' is codified in the regulations, but is outdated,
whereas ``conditionally exempt small quantity generator'' and ``large
quantity generator'' have been used within the RCRA hazardous waste
community for several decades, but their exact definitions have not
been codified. The regulations differentiate between the categories by
stating the quantity of hazardous waste generated in a calendar month
in each instance.
As the terms are most commonly used, CESQGs are generators that
generate 100 kilograms or less of non-acute hazardous waste and 1
kilogram or less of acute hazardous waste in a calendar month; SQGs are
generators that generate greater than 100 kilograms of non-acute
hazardous waste but less than 1,000 kilograms of non-acute hazardous
waste and 1 kilogram or less of acute hazardous waste in a calendar
month; and LQGs are generators that generate 1,000 kilograms or greater
of non-acute hazardous waste and/or greater than 1 kilogram of acute
hazardous waste in a calendar month. However, generators often fail to
consider residues from the cleanup of a spill of acute hazardous waste
or do not count both the non-acute and acute hazardous waste they
generate in a calendar month. The proposed definitions have been
drafted to incorporate all the various categories of hazardous wastes--
that is, acute hazardous waste, non-acute hazardous waste, and residues
for the cleanup of a spill of acute hazardous wastes.
Considering the significance a generator's category has in
determining the appropriate set of regulations that the generator must
comply with, the Agency believes it is necessary to define the specific
hazardous waste generator categories in the regulations.
The proposed generator category definitions are based solely on the
amount of hazardous waste generated. While EPA acknowledges that
accumulation limits may trigger different generator regulations, those
accumulation limits do not affect a generator's generation category,
which is based on how much hazardous waste is generated in a calendar
month.
Therefore, EPA is proposing to add the following definitions to
Sec. 260.10:
Very small quantity generator is a generator who generates less
than or equal to the following amounts in a calendar month: (1) 100
kilograms (220 lbs) of non- acute hazardous waste; and (2) 1 kilogram
(2.2 lbs) of acute hazardous waste listed in Sec. 261.31 or Sec.
261.33(e); and (3) 100 kilograms (220 lbs) of any residue or
contaminated soil, water, or other debris resulting from the cleanup of
a spill, into or on any land or water, of any acute hazardous waste
listed in sections Sec. 261.31 or Sec. 261.33(e);\24\
---------------------------------------------------------------------------
\24\ As part of this rulemaking, EPA is proposing to change the
name of ``conditionally exempt small quantity generator (CESQG)'' to
``very small quantity generator (VSQG).'' This change is discussed
in section VI.B. For the sake of a consistent discussion, however,
EPA is using the term CESQG throughout the preamble unless directly
stating the content of the proposed regulatory text.
---------------------------------------------------------------------------
Small quantity generator is a generator who generates the following
amounts in a calendar month: (1) Greater than 100 kilograms (220 lbs)
but less than 1000 kilograms (2200 pounds) of non-acute hazardous
waste; and (2) less than or equal to 1 kilogram (2.2 lbs) of acute
hazardous wastes listed in Sec. 261.31 or Sec. 261.33(e); and (3)
less than or equal to 100 kilograms (220 lbs) of any residue or
contaminated soil, water, or other debris resulting from the cleanup of
a spill, into or on any land or water, of any acute hazardous waste
listed in Sec. 261.31 or Sec. 261.33(e);
Large quantity generator is a generator who generates any of the
following amounts in a calendar month: (1) Greater than or equal to
1000 kilograms (2200 lbs) of non-acute hazardous waste; or (2) greater
than 1 kilogram (2.2 lbs) of acute hazardous waste listed in Sec.
261.31 or Sec. 261.33(e); or (3) greater than 100 kilograms (220 lbs)
of any residue or contaminated soil, water, or other debris resulting
from the cleanup of a spill, into or on any land or water,
[[Page 57926]]
of any acute hazardous waste listed in Sec. 261.31 or Sec. 261.33(e).
EPA is also proposing to add definitions to Sec. 260.10 for the
terms ``acute hazardous waste'' and ``non-acute hazardous waste,''
which are both used in the above definitions for generator categories.
The term acute hazardous waste is used for hazardous wastes that are
particularly dangerous to human health and is defined as those
hazardous wastes that meet the listing criteria in Sec. 261.11(a)(2)
and are therefore listed in Sec. 261.31 and assigned the hazard code
of (H) or are listed in Sec. 261.33(e), also known as the RCRA P-list.
In this proposal, any distinctions between acute and non-acute
hazardous wastes are only being made in the context of determining
generator category. Generally the term ``hazardous waste'' refers to
both acute and non-acute hazardous waste.
As previously stated, the definitions of generator categories are
based solely on the amount of hazardous waste generated in a calendar
month and are generally consistent with how the regulated community
understands the various categories based on EPA's references in
existing publications to how much hazardous waste is generated in a
calendar month. Additionally, these definitions reflect that a
generator may only have one generator category in a calendar month even
if the generator generates both acute hazardous waste and non-acute
hazardous waste in the same calendar month, a topic discussed further
in section VII.A.
In practice, five waste generation scenarios exist with different
combinations of acute hazardous waste, non-acute hazardous waste, and
residues from the cleanup of spills of acute hazardous waste generated
in a calendar month. These scenarios are summarized in Table 2--
Generator Categories Based on Quantity of Waste Generated.\25\
---------------------------------------------------------------------------
\25\ EPA is proposing to include this table in the regulations
as Table 1 in Sec. 262.13.
Table 2--Generator Categories Based on Quantity of Waste Generated
----------------------------------------------------------------------------------------------------------------
Quantity of
Quantity of acute Quantity of non- residues from the
hazardous waste acute hazardous cleanup of acute
# generated in a waste generated in hazardous waste Generator category
calendar month a calendar month generated in a
calendar month
----------------------------------------------------------------------------------------------------------------
1............................... > 1 kg............ Any amount........ Any amount........ LQG.
2............................... Any amount........ >= 1,000 kg....... Any amount........ LQG.
3............................... Any amount........ Any amount........ > 100 kg.......... LQG.
4............................... <= 1 kg........... > 100 kg and < <= 100 kg......... SQG.
1,000 kg.
5............................... <= 1 kg........... <= 100 kg......... <= 100 kg......... VSQG/(CESQG).
----------------------------------------------------------------------------------------------------------------
Note: When calculating generator categories, the quantities of
acute hazardous waste and non-acute hazardous waste are considered
separately.
In three of the scenarios in Table 2--Generator Categories Based on
Quantity of Waste Generated, the generator would be an LQG, in one
scenario the generator would be an SQG, and in one scenario the
generator would be a CESQG. In the first three scenarios, the generator
is an LQG if it generates any of the following in a calendar month,
regardless of the amounts of hazardous waste generated in the other
categories: more than 1 kilogram of acute hazardous waste, 1,000
kilograms or more of non-acute hazardous waste, or more than 100
kilograms of residues from the cleanup of a spill of acute hazardous
waste. This is made clear in the proposed regulatory definition of
``LQG'' by use of the word ``any'' and by the use of the word ``or''
between (1), (2), and (3). In these scenarios, the generator would need
to comply with the independent requirements and conditions for the
exemption for LQGs (specified in proposed Sec. 262.17), as well as any
applicable regulations for SAAs at Sec. 262.15.
In the fourth scenario, the generator would be an SQG if, in a
calendar month, it generates greater than 100 kilograms and less than
1,000 kilograms of non-acute hazardous waste and also 1 kilogram or
less of acute hazardous waste and 100 kilograms or less of residues
from the cleanup of a spill of acute hazardous waste.\26\ The proposed
regulatory text expresses this scenario by using the word ``and''
between (1), (2), and (3) in the definition of SQG. As a result, the
generator would need to comply with the independent requirements and
conditions for the exemption for SQGs (specified in proposed Sec.
262.16), as well as any applicable regulations for SAAs at Sec.
262.15.
---------------------------------------------------------------------------
\26\ Amount of hazardous waste accumulated on site at any given
time can also impact what regulations the SQG must comply with.
---------------------------------------------------------------------------
Finally, in the fifth scenario, if a generator generates 1 kilogram
or less of acute hazardous waste and 100 kilograms or less of non-acute
hazardous waste and 100 kilograms or less of residue from the cleanup
of a spill of acute hazardous waste, then the generator is a CESQG for
that calendar month. The proposed regulatory text expresses this
scenario by using the word ``and'' between (1), (2), and (3) in the
definition. As a result, the generator would need to comply with the
conditions for the exemption for CESQGs (specified in proposed Sec.
262.14).\27\
---------------------------------------------------------------------------
\27\ EPA is proposing to move the CESQG regulations from
Sec. Sec. 261.5 to 262.14. See section XIII of this preamble for
more information.
---------------------------------------------------------------------------
EPA requests comment on these proposed changes.
Effect of the Proposed Reorganization: This section is not affected
by the proposed reorganization.
B. Renaming CESQG to VSQG (40 CFR 260.10)
Currently only one of the three generator categories--CESQG--uses
the words ``conditionally exempt'' in its title; however both SQGs and
LQGs, which typically accumulate hazardous waste on site, are also
conditionally exempt from obtaining a RCRA permit or complying with the
interim status standards in 40 CFR parts 264 and 265, respectively,
provided they meet certain conditions. In addition, while CESQGs are
subject to few conditions for exemption, they are still considered
hazardous waste generators, and must comply with the relevant
regulations. If a CESQG does not comply, it would be out of compliance
with the hazardous waste regulations and potentially subject to
enforcement action. This inconsistency in terminology has caused some
confusion throughout the regulated community. Therefore, EPA is
proposing to change the name of the category from ``conditionally
exempt small quantity generator (CESQG)'' to ``very small quantity
generator (VSQG).''
[[Page 57927]]
EPA notes that this change is consistent with some states, such as
Minnesota, which are already using the VSQG term. All regulations
applicable to a CESQG would apply to a VSQG.
EPA requests comment on this proposed change.
Effect of the Proposed Reorganization: This section is not affected
by the proposed reorganization.
C. Definition of Central Accumulation Area (40 CFR 260.10)
The Agency is also proposing to define the term ``central
accumulation area'' in Sec. 260.10 to mean any on-site hazardous waste
accumulation area with hazardous waste accumulating in units subject to
either Sec. 262.16 (for small quantity generators) or Sec. 262.17
(for large quantity generators).\28\ The definition also states that a
central accumulation area at an eligible academic entity that chooses
to be subject to part 262 subpart K must also comply with Sec. 262.211
when accumulating unwanted material and/or hazardous waste.
---------------------------------------------------------------------------
\28\ This proposed definition includes citations to new sections
of part 262 that we are proposing to include as part of the
reorganization of the generator regulations. The existing small
quantity generator regulations are at Sec. Sec. 262.34(d) through
(f) and the existing large quantity generator regulations are at
Sec. 262.34(a). For a full discussion of the proposed
reorganization, see section XIII of the preamble.
---------------------------------------------------------------------------
LQGs may accumulate hazardous waste on site without a permit or
complying with the interim status standards for up to 90 days provided
they comply with Sec. 262.34(a) and SQGs may do the same for up to 180
days, provided they comply with Sec. 262.34(d) though (f).\29\ Over
the years, stakeholders have used different terms to refer to these on-
site generator accumulation areas, including ``generator accumulation
areas,'' ``less-than-90-day areas,'' and ``less-than-180-day areas.''
In December 2008, EPA promulgated a definition of ``central
accumulation area'' in subpart K of part 262 to refer to these types of
areas (``Academic Labs Rule''; 73 FR 72912, December 1, 2008). As
explained in the preamble to the proposed Academic Labs Rule, EPA
codified the term ``central accumulation area'' for the sake of
convenience to distinguish these types of accumulation areas from
satellite accumulation areas and laboratories, which are both subject
to different regulations than central accumulation areas are. At the
time, EPA promulgated the term in Sec. 262.200 and indicated that the
definition only applied to part 262 subpart K. Since then, the term has
become more widely used and EPA is now proposing to define the term
``central accumulation area'' in Sec. 260.10 to allow its use when
referring to generator accumulation areas that are not operating under
part 262 subpart K.
---------------------------------------------------------------------------
\29\ As noted previously, SQGs can accumulate hazardous waste
for up to 270 days if they ship the hazardous waste greater than 200
miles.
---------------------------------------------------------------------------
EPA emphasizes that we are proposing to define the term ``central
accumulation area'' only as a matter of convenience. It is helpful for
both the regulated community and the implementers to have a common term
to use when referring to locations where generators accumulate
hazardous waste other than satellite accumulation areas. Furthermore,
the term is helpful for EPA to use when writing regulations, preamble,
and guidance. The addition of the term does not establish any new
regulatory standards or burden on generators. Generators may continue
to have more than one central accumulation area on site; the use of the
word ``central'' does not limit a generator to one area.
We have rephrased the proposed definition from how it currently
appears in part 262 subpart K to make this clearer. The definition, as
it appears in part 262 subpart K, currently states that a central
accumulation area means an on-site hazardous waste accumulation area.
We are proposing to revise the definition to say that a central
accumulation area means any on-site hazardous waste accumulation area.
Further, the use of the word ``central'' does not indicate that the
generator must establish the central accumulation area in a location
that is centrally located within the site. The use of the word
``central'' is used because many generators use a central accumulation
area to consolidate or centralize their hazardous waste from multiple
satellite accumulation areas prior to shipment off-site.
Because the proposed definition to be added to Sec. 260.10 will
now reference part 262 subpart K (the definition states that a central
accumulation area at an eligible academic entity that chooses to be
subject to part 262 subpart K must also comply with Sec. 262.211 when
accumulating unwanted material and/or hazardous waste), we are
proposing to remove the definition of central accumulation area from
part 262 subpart K.
Effect of the Proposed Reorganization: This section is affected by
the proposed reorganization. The definition of ``central accumulation
area'' references other regulatory citations that are part of the
proposed reorganization. The reorganization is discussed in section
XIII of this preamble.
VII. Proposed Revisions to 40 CFR Part 261--Identification and Listing
of Hazardous Wastes
EPA is proposing four changes to the regulations currently in 40
CFR part 261. First, the Agency is proposing to add a new provision
that would explain what generator category would apply to a hazardous
waste generator that generates both acute and non-acute hazardous waste
in the same calendar month. Second, EPA is proposing to modify the
regulations at Sec. Sec. 261.5(h) and (i) and 261.3 that address the
mixing of a non-hazardous waste with a hazardous waste. Third, the
Agency is proposing to amend Sec. 261.5(f)(3) and (g)(3) to allow a
CESQG to send its hazardous waste to an LQG under control of the same
person. Finally, the Agency is proposing to amend Sec. 261.6(c) to
require biennial reporting for owners or operators of facilities that
recycle hazardous waste without storing them before they are recycled.
A. Generators That Generate Both Acute and Non-Acute Hazardous Waste in
the Same Calendar Month (40 CFR 261.5)
When a generator is determining what category it belongs in, it
must consider three relevant categories of hazardous waste: hazardous
waste (or non-acute hazardous waste, for purposes of this discussion),
acute hazardous waste, and residues from the cleanup of a spill of
acute hazardous waste. EPA is proposing regulations that make clear
what a generator's category is for a calendar month when it generates
any combination of non-acute hazardous waste, acute hazardous waste,
and residues from the cleanup of a spill of acute hazardous waste in
the same calendar month and which set of regulations apply. Currently,
the RCRA hazardous waste regulations do not address situations
involving combinations of wastes and Agency statements about this issue
have been inconsistent.
According to the November 19,1980, FR notice discussing changes to
Sec. 261.5, ``the regulation is revised to clarify that the lower
exclusion levels for acutely hazardous waste apply only to generators
who otherwise are deemed small quantity generators.\30\ The Agency
believes that a generator who produces more than 1,000 kilograms of
hazardous waste a month and is therefore subject to full regulation
should handle his
[[Page 57928]]
acutely hazardous wastes in the same manner as his other wastes'' (45
FR 76622).
---------------------------------------------------------------------------
\30\ Note: Prior to 1986, there were only two categories of
generators: large quantity generators and small quantity generators.
When the small quantity generator regulations were promulgated in
1986, a third category of generators, conditionally exempt small
quantity generators, was established.
---------------------------------------------------------------------------
In other words, if a generator generates 1,000 kilograms or more of
non-acute hazardous waste in a calendar month, it would be considered
an LQG for that month and therefore should, for both practical and
environmental reasons, manage the acute hazardous wastes under the same
regulations as an LQG (even if the amount of acute hazardous waste
generated in a calendar month is less than 1 kilogram). However, a
provision regarding how to determine one's generator category when
generating a combination of non-acute hazardous waste, acute hazardous
waste, and residues from the cleanup of a spill of acute hazardous
waste was not included in the regulatory language.
Conversely, in a September 2, 1987, letter concerning the
accumulation time for acute hazardous waste and non-acute hazardous
waste in the same month, the Agency stated, ``Acute hazardous wastes
are counted and managed separately from hazardous wastes (Sec.
261.5(e)). In the example given, the generator would have 90 days to
send the acute hazardous waste off site, but would have 180 days for
the non-acute hazardous waste.'' \31\ These different Agency
interpretations have ultimately led to confusion regarding which
regulations apply to hazardous waste generators that generate different
categories of hazardous waste in the same calendar month.
---------------------------------------------------------------------------
\31\ Letter from Marcia E. Williams, Director of EPA's Office of
Solid Waste, to Fred Hutchison, University of Idaho, September 2,
1987, RCRA Online 11288.
---------------------------------------------------------------------------
The Agency believes the more practical approach is for a generator
to be in only one generator category in a calendar month, the approach
outlined in the 1980 Federal Register discussion. When a generator
generating only non-acute hazardous wastes counts its waste, it must
consider the total amount of all its different kinds of non-acute
hazardous waste, not the amount of each type of hazardous waste (such
as, type of waste identified by individual EPA hazardous waste number)
separately. Considering the combination of acute hazardous wastes, non-
acute hazardous wastes, and residues from the cleanup of a spill of
acute hazardous waste generated in a calendar month when determining
what category a generator belongs to follows the same logic. In
addition, many of the regulations for LQGs are site-wide, such as
submitting the biennial report, developing a contingency plan, and
conducting training, and therefore a generator would still have to
comply with these conditions and would not gain a significant economic
advantage by having more than one generator category. We note that many
EPA Regions and states have taken this same approach in implementing
the RCRA hazardous waste program.
This is why EPA is proposing to expressly state in the definitions
which generator category would apply to hazardous waste generators that
generate a combination of non-acute hazardous waste, acute hazardous
waste, and/or residues from the cleanup of spills of acute hazardous
waste in a calendar month as discussed in section VI of this preamble.
In conjunction with these changes, EPA is proposing a new section Sec.
262.13 explaining how a generator determines which generator category
applies to it. This topic is fully discussed in section VIII of this
preamble. The Agency is soliciting comment on the proposal to revise
the existing regulations to indicate that a generator can only have one
generator category in a calendar month, according to the quantity of
acute and non-acute hazardous waste it generates.
Effect of the Proposed Reorganization: This section is affected by
the proposed reorganization. All the proposed definitions of generator
categories would be found in Sec. 260.10. The reorganization is
discussed in section XIII of this preamble.
B. Generators That Mix a Non-Hazardous Waste With a Hazardous Waste
EPA is proposing to modify how mixtures of non-hazardous waste and
hazardous waste would affect the generator categories of CESQGs and
SQGs. Additionally, EPA is proposing to add a reference in 40 CFR part
262 that assists LQGs with finding the regulations applicable to mixing
hazardous waste with non-hazardous waste.
1. CESQGs That Mix a Non-Hazardous Waste With a Hazardous Waste (40 CFR
261.5(h) and (i))
With the partitioning of the original 1980 SQG regulations into two
sets of regulations for CESQGs and SQGs in 1986, potential confusion
surrounds the current reading and implementation of Sec. 261.5(h) and
(i). When the regulations at Sec. 261.5(h) and (i) were promulgated on
November 19, 1980 (45 FR 76623), the title of Sec. 261.5 was ``Special
requirements for hazardous waste generated by small quantity
generators.'' At that time, there were only two hazardous waste
generator categories: LQGs and SQGs. Prior to the promulgation of the
new SQG regulations on March 24, 1986 (52 FR 10146), an SQG was a
generator who generates less than 1,000 kilograms of hazardous waste in
a calendar month; the regulations did not make a distinction between
SQGs and CESQGs at that time. Prior to 1986, paragraphs (h) and (i) of
section 261.5 read as follows:
``(h) Hazardous waste subject to the reduced requirements of
this section may be mixed with non-hazardous waste and remain
subject to these reduced requirements even though the resultant
mixture exceeds the quantity limitations identified in this section,
unless the mixture meets any of the characteristics of hazardous
waste identified in subpart C.
(i) If a small quantity generator mixes a solid waste with a
hazardous waste that exceeds a quantity exclusion level of this
section, the mixture is subject to full regulation.''
With the promulgation of the SQG regulations in 1986, SQGs were
broken into two classes of generators: (1) CESQGs (generators who
generate up to 100 kilograms of hazardous waste in a calendar month)
and (2) SQGs (generators who generate greater than 100 kilograms and
less than 1,000 kilograms of hazardous waste in a calendar month). The
regulations for CESQGs were established at Sec. 261.5, while those for
SQGs were moved to Sec. 262.34 (d)-(f). Similarly the title of Sec.
261.5 was changed to read, ``Special requirements for hazardous waste
generated by conditionally exempt small quantity generators'' [emphasis
added]. The language of Sec. 261.5(h) did not change when the SQG
regulations were promulgated, while paragraph (i) was modified slightly
to read: ``If any person mixes a solid waste with a hazardous waste
that exceeds a quantity exclusion level of this section, the mixture is
subject to full regulation.'' The phrase ``any person'' was substituted
for the phrase ``small quantity generator.''
EPA believes that the readability of these regulations could be
improved, particularly for paragraph (i), to expressly state whether
the regulation applies to situations where the hazardous waste being
mixed exceeds the CESQG quantity exclusion level or to situations where
the mixture exceeds the CESQG quantity exclusion level. Additionally,
``full regulation,'' could be interpreted as regulation commensurate
with an LQG, even if the resultant mixture exceeds CESQG quantity
levels, but not SQG quantity levels.
For these reasons, EPA is proposing to modify the language
regarding mixing of non-hazardous waste with hazardous waste by CESQGs
(which is currently
[[Page 57929]]
located at Sec. 261.5(h) and (i)) to make these points clear.
Specifically, it states that a CESQG may mix listed or characteristic
hazardous waste with non-hazardous waste and remain eligible for the
conditional exemption provided that either of the following is true:
\32\ (1) The mixture does not exhibit any of the characteristics of
hazardous waste identified in subpart C of part 261 of this chapter; or
(2) the mixture does not cause the generator to exceed the very small
quantity generator calendar month quantity limits identified in the
definition of very small quantity generator at Sec. 260.10.\33\
---------------------------------------------------------------------------
\32\ EPA is proposing to use the term ``very small quantity
generator (VSQG)'' in place of ``conditionally exempt small quantity
generator.'' See section VI.B of this preamble for more information.
\33\ This regulatory citation is the proposed new location for
the definition of a VSQG. See section VI.B of this preamble for more
information.
---------------------------------------------------------------------------
For example, if a CESQG mixed 50 kilograms of characteristic
hazardous waste with 100 kilograms of non-hazardous waste and the
resultant 150 kilograms mixture did not retain the characteristics of
hazardous waste, then the generator could still comply with the CESQG
conditions. However, if a CESQG mixed 50 kilograms of characteristic
hazardous waste with 100 kilograms of non-hazardous waste and the
resultant 150 kilograms mixture did retain the characteristics of
hazardous waste, then the generator would no longer be a CESQG, but an
SQG, and the generator would need to comply with all applicable
regulations for an SQG for that calendar month. Similarly, if a CESQG
mixed 50 kilograms of characteristic hazardous waste with 1,000
kilograms of non-hazardous waste and the resultant 1,050 kilograms
mixture retained the characteristics of hazardous waste, then the
generator would no longer be a CESQG, but an LQG, and the generator
would need to comply with all applicable regulations for an LQG for
that calendar month.\34\
---------------------------------------------------------------------------
\34\ Additionally, the generator would have to comply with the
SQG or LQG regulations for as long as its total quantity of
hazardous waste accumulated on-site was greater than or equal to the
CESQG accumulation limit of 1000 kg.
---------------------------------------------------------------------------
EPA notes that the regulations covering mixing of hazardous and
non-hazardous waste would apply regardless of when the initial wastes
are generated. In other words, when a generator mixes a hazardous waste
with a non-hazardous waste, the generator may have changed the
properties of the hazardous waste and thus must make a hazardous waste
determination on the resultant mixture. For example, if a CESQG mixed
50 kilograms of characteristic hazardous waste that it generated at
different points over the last three months with 100 kilograms of non-
hazardous waste and the resultant mixture did retain the
characteristics of hazardous waste, then the generator would no longer
be a CESQG at the point that the mixture was generated, but an SQG, and
the generator would need to comply with all applicable regulations for
an SQG for that calendar month during which the mixing occurred. The
time period for the accumulation of wastes begins at the point the
mixture is generated and the generator becomes a SQG.
In modifying the language, the Agency is not changing the intent of
the existing hazardous waste regulations, but is improving the
readability of the regulatory text. Thus, this change in language does
not impose any additional burden on CESQGs.
Effect of the Proposed Reorganization: This section is affected by
the proposed reorganization. The reorganization of the generator
regulations would move these provisions to 262.14(b). The
reorganization is discussed in section XIII of this preamble.
2. LQGs and SQGs That Mix a Non-Hazardous Waste With a Hazardous Waste
(40 CFR 261.3)
LQGs and SQGs are subject to the mixture rule in Sec. 261.3. In
short, the mixture rule has three parts: (1) If non-hazardous waste is
mixed with listed hazardous waste, then the mixture is considered the
listed hazardous waste (Sec. Sec. 261.3(a)(2)(iv) and 261.3(b)(2));
(2) if non-hazardous waste is mixed with listed hazardous waste that is
listed solely for exhibiting an ignitability, corrosivity, or
reactivity characteristic in part 261 subpart C (such as F003 hazardous
waste), then the mixture is considered hazardous waste only if it
exhibits a characteristic (Sec. 261.3(g)(2)(i)); and (3) if non-
hazardous waste is mixed with characteristic hazardous waste, then the
mixture is considered hazardous waste only if the mixture exhibits a
characteristic of hazardous waste (Sec. 261.3(b)(3)) (45 FR 33066, May
19, 1980; 66 FR 27266, May 16, 2001).
However, because the mixture rule appears in Sec. 261.3 and the
SQG and LQG regulations appear in 40 CFR part 262, the regulated
community may not totally appreciate how the mixture rules apply to
SQGs and LQGs. Therefore, EPA is proposing to include references in
Sec. Sec. 262.16(c) and 262.17(f) that assist SQGs and LQGs with
finding the regulations applicable to the mixing of hazardous waste
with non-hazardous waste. Additionally, EPA wants to modify the
regulations to improve understanding of what circumstances an SQG may
mix hazardous waste with non-hazardous waste and still remain subject
to the SQG requirements.
Specifically, EPA is proposing to add a provision for SQGs that
states that a small quantity generator may mix its hazardous waste with
non-hazardous waste and remain eligible for the conditional exemption
applicable to a small quantity generator under two circumstances: (1)
The mixture is not a hazardous waste according to the mixture rules in
Sec. Sec. 261.3(a)(2)(iv), 261.3(b)(2), 261.3(b)(3), and
261.3(g)(2)(i); or (2) if the mixture is a hazardous waste, the mixture
does not cause the generator to exceed the small quantity generator
quantity limits for a calendar month, as identified in the definition
of small quantity generator at Sec. 260.10.\35\
---------------------------------------------------------------------------
\35\ This regulatory citation is the proposed new location for
the definition of SQG. See section VIII of this preamble for more
information.
---------------------------------------------------------------------------
For example, if an SQG mixed 100 kilograms of listed hazardous
waste (that was not listed solely for the ignitability, corrosivity
and/or reactivity characteristic) with 1,000 kilograms of non-hazardous
waste, then the resultant 1,100 kilogram mixture would be considered a
listed hazardous waste and the generator would no longer be an SQG, but
rather an LQG. The generator would then need to comply with all
applicable regulations for an LQG for that month during which the SQG
mixed the waste.\36\
---------------------------------------------------------------------------
\36\ Additionally, a generator would have to comply with the LQG
regulations for as long as its total quantity of hazardous waste
accumulated on-site was greater than or equal to the SQG
accumulation limit of 6000 kg.
---------------------------------------------------------------------------
However, if an SQG mixed 100 kilograms of either characteristic
hazardous waste or listed hazardous waste (that was listed solely for
the ignitability, corrosivity and/or reactivity characteristic) with
1,000 kilograms of non-hazardous waste and the resultant 1,100
kilograms mixture did not retain the characteristics of hazardous
waste, then the generator could still comply with the SQG regulations
because the resulting mixture would no longer be considered a hazardous
waste (although it would still be subject to applicable land disposal
restriction requirements in 40 CFR part 268).
EPA is also proposing to add a provision for LQGs that states that
mixtures of hazardous waste with non-hazardous waste are subject to the
mixture rule in Sec. 261.3(a)(2)(iv), (b)(2) and (3), and (g)(2)(i).
In modifying the language, the Agency is not changing the existing
hazardous waste regulations, but is improving the readability of the
[[Page 57930]]
regulatory text. Thus, this change does not impose any additional
burden on SQGs and LQGs.
Effect of the Proposed Reorganization: This section is affected by
the proposed reorganization. EPA is proposing to address the mixing
regulations for SQGs at Sec. 262.16(c) and the mixing regulations for
LQGs at Sec. 262.17(f). The reorganization is discussed in section
XIII of this preamble.
3. Request for Comment
The Agency requests comment on whether the proposed language for
CESQGs and SQGs improves the understanding of the regulations regarding
how mixtures of non-hazardous waste and hazardous waste would affect
the generator category for CESQGs and SQGs. Additionally, EPA requests
comment on whether the proposed language for LQGs assists LQGs in more
easily finding the applicable mixture regulations.
C. Allowing CESQGs To Send Hazardous Waste to LQGs Under the Control of
the Same Person
EPA is proposing to allow CESQGs to send their hazardous waste to
an LQG that is under the control of the same person, as defined at
Sec. 260.10, provided both the CESQG and LQG comply with specified
conditions.\37\
---------------------------------------------------------------------------
\37\ EPA is also proposing to rename ``CESQG'' to ``VSQG'' (very
small quantity generator) (see section VIII.A.1 of the preamble for
more information). However, for this discussion, we continue to use
CESQG as this term is most familiar to the regulated community.
---------------------------------------------------------------------------
1. Purpose
Under the existing regulations at Sec. 261.5(f)(3) for acute
hazardous waste, and Sec. 261.5(g)(3) for non-acute hazardous waste, a
CESQG may either treat or dispose of its hazardous waste on site or
ensure delivery to an off-site treatment, storage, or disposal
facility, which can include RCRA-permitted hazardous waste facilities,
interim status hazardous waste facilities, municipal solid waste
facilities, non-municipal non-hazardous waste facilities, recycling
facilities, and universal waste handlers. The existing CESQG
regulations do not allow a generator to send its hazardous waste off
site to another generator, unless the receiving generator has a storage
permit or is otherwise one of the types of facilities cited above.
Thus, persons looking to reduce their overall environmental liability
across multiple sites are prohibited from managing their CESQG
hazardous waste at one or more of their LQG sites without first
obtaining a permit or complying with the interim status standards, both
of which would increase regulatory burden and costs.
EPA believes that allowing CESQGs to send their hazardous waste to
an LQG that is under the control of the same person would provide an
additional option for CESQGs to manage their hazardous waste. It may
also improve the management of that hazardous waste for four main
reasons.
First, LQGs are subject to more stringent management conditions,
such as accumulation time, labeling, training, emergency planning, and
containment standards, as compared to CESQGs. In addition, LQGs may
only transport hazardous waste to a RCRA-permitted or interim status
hazardous waste TSDF, which in turn, is subject to more stringent
management standards than the municipal or non-municipal solid waste
facilities that CESQGs are allowed to use. Therefore, allowing
hazardous waste generated by a CESQG to be sent to an LQG under the
control of the same person could improve overall oversight and
management of the hazardous waste and enable more effective
environmental protection. Furthermore, a company, because of economies
of scale, may reduce its overall waste management costs, as well as its
potential financial liabilities for hazardous waste it generates at
CESQG facilities, as it would be handled under the more comprehensive
LQG and TSDF regulatory programs.
Second, whereas LQGs have up to 90 days to accumulate hazardous
waste in compliance with all the LQG conditions for exemption without
having to obtain a RCRA storage permit or comply with all the other
standards otherwise applicable, CESQGs may accumulate up to 1,000
kilograms of non-acute hazardous waste or up to 1 kilogram of acute
hazardous waste or up to 100 kilograms of residues from the cleanup of
a spill of acute hazardous waste without any time constraint. Even
though the amount of hazardous waste allowed on site by CESQGs at any
one time is limited, the longer that hazardous waste is accumulated on
site the greater the risk of adverse impacts to human health and the
environment. Allowing CESQGs to send their hazardous waste to an LQG
under the control of the same person may reduce the overall time that
the CESQG accumulates hazardous waste on site, which would further
reduce the potential risk to human health and the environment.
Third, this proposed change would allow consolidation by an LQG of
hazardous waste generated by several CESQGs under its control, which
increases the potential opportunities for hazardous waste recycling by
the LQG.
Fourth, this proposed change would give companies flexibility in
allocating labor and resources required to manage the company's total
quantity of hazardous waste generated, as the company would be allowed
to consolidate its hazardous waste from CESQG facilities at its LQG
sites.
EPA has received requests over the years from industry for the
regulations to allow CESQGs to send their hazardous waste to LQGs for
consolidation. EPA believes that such a change in the regulations would
enable generators to employ greater control over the management of
their hazardous waste, thereby resulting in improved efficiency and
reduced liability for the generator. EPA believes numerous situations
exist where CESQGs and LQGs under the same ownership could take
advantage of this proposed change. For example, Army National Guard and
Reserve units that may be CESQGs would have the opportunity to send
their hazardous waste to an active Army base that is an LQG. The same
situation applies to Air Force, Navy, and Marine Corps reserve units as
well. Additionally, many universities have engineering, medical, and
science laboratories located on campus, with each laboratory building
possibly qualifying as a CESQG. Allowing different laboratory buildings
within a university or industrial environment that are CESQGs to send
their hazardous waste to another university or industrial entity that
is an LQG would provide both economic and environmental benefits.
Furthermore, utilities, retailers, and remote oil and gas production
facilities also represent examples of industrial sectors that may
realize benefits from the intra-company transfer of hazardous waste
from CESQGs to LQGs.
2. Scope
As discussed above, EPA is proposing to amend the regulations under
the existing regulatory framework at Sec. 261.5(f)(3) and (g)(3) to
allow CESQGs to send hazardous waste to an LQG under the control of the
same person.\38\ ``Person'' is defined in Sec. 260.10 to mean an
individual, trust, firm, joint stock company, federal agency,
corporation (including a government corporation), partnership,
association, state, municipality, commission, political subdivision of
a state or any interstate
[[Page 57931]]
body. For the purposes of this section, ``control'' would mean the
power to direct the policies of the facility, whether by the ownership
of stock, voting rights, or otherwise, except that contractors who
operate facilities on behalf of a different person shall not be deemed
to ``control'' such facilities.
---------------------------------------------------------------------------
\38\ EPA is proposing to reorganize the regulations for CESQGs
by moving provisions from Sec. 261.5 to Sec. 262.14. The proposed
revision to allow CESQGs to send hazardous waste to LQGs under
control of the same person can be found at Sec. 262.14(b)(3)(viii).
---------------------------------------------------------------------------
The Agency believes limiting transfers to facilities under control
of the same person is appropriate because it ensures common control is
maintained over both facilities and takes advantage of strong
incentives to ensure the hazardous waste is safely managed.
Additionally, if a CESQG sends hazardous waste to an LQG under the
control of the same person, the LQG is likely to be familiar with the
type of hazardous waste generated by the CESQG. Furthermore, questions
regarding liability and responsibility for such hazardous waste are
likely to be clearer than is the case with facilities from unrelated
companies.
EPA is also proposing some labeling and marking standards for CESQG
waste being transferred to LQGs under the control of the same person
under this provision. Note that aside from these two conditions, the
same standards for management of CESQG waste apply to materials going
to an LQG under this provision as to other CESQG waste, including the
exemption from the requirement to ship using a hazardous waste
manifest. DOT shipping requirements do still apply.
3. Conditions for Exemption
Condition for Exemption for CESQGs
As part of this provision, CESQGs would be required to meet the
following conditions for exemption, proposed at Sec. 262.14(a)(viii).
Under control of the same person. As described above, the CESQG and
the LQG would have to be under control of the same person, according to
the existing definitions in Sec. 260.10.
Labeling and marking of containers. The Agency is proposing that a
CESQG transferring waste to an LQG under the control of the same person
label its containers with (1) the words ``Very small quantity generator
hazardous waste''; (2) other words that identify the contents of the
containers (e.g., the name of the chemical(s), such as ``acetone'' or
``methylene dichloride'' or the type or class of chemical, such as
``organic solvents'' or ``halogenated organic solvents'' or, as
applicable, the proper shipping name and technical name markings used
to comply with Department of Transportation (DOT) requirements at 49
CFR part 172 subpart D); (3) an indication of the hazards of the
contents of the container, such as the applicable hazardous waste
characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); a
hazard class label consistent with the DOT requirements at 49 CFR part
172 subpart E (labeling); a label consistent with the Occupational
Safety and Health Administration (OSHA) Hazard Communication Standard
at 29 CFR 1920.1200; a chemical hazard label consistent with the
National Fire Protection Association (NFPA) code 704; a hazard
pictogram consistent with the United Nations' Globally Harmonized
System (GHS); or any other marking and labeling commonly used
nationwide in commerce that would alert workers and emergency
responders to the nature of the hazards associated with the contents of
the containers; and (4) the applicable EPA hazardous waste number(s)
(EPA hazardous waste code) in subparts C and D of part 261 to assist
the receiving LQG in managing the hazardous waste received. This
condition is also consistent with the changes proposed for labeling and
marking of containers in the revisions to 40 CFR parts 262, 263, and
268 discussed in various sections elsewhere in this preamble. A
generator subject to DOT shipper/carrier packaging requirements should
be familiar with and aware of the marking requirements at 49 CFR
172.301 and 49 CFR 172.304, as well as prohibited labeling and label
visibility requirements at 49 CFR 172.401 and 172.406, respectively.
Because the hazardous waste generated and accumulated by a CESQG
will be subsequently sent off site to an LQG under the same company in
compliance with DOT hazardous material regulations, the CESQG may
choose to use an appropriate DOT proper shipping name found in the 49
CFR 172.101 hazardous materials table to identify the contents of the
container while hazardous waste is accumulating on site. That way, the
generator will fulfill EPA and DOT requirements simultaneously;
however, EPA is not proposing to require the use of the DOT shipping
names while the hazardous waste is accumulating on site. We only
suggest that the DOT shipping name may be one way that some generators
may choose to identify the contents of the container.
EPA believes use of the DOT marking requirement should be
sufficient in many situations involving DOT Class 9 hazardous materials
that are also hazardous waste, with the DOT shipping name ending in
N.O.S. (not otherwise specified). As noted at 49 CFR 172.301(b),
generators using a DOT shipping name ending in N.O.S. must also provide
the technical name of the hazardous material in association with the
proper shipping name. However, the Agency is requesting comment on
examples of when the DOT shipping name would not meet EPA's intent of
``identifying the contents of the container'' and suggestions for
addressing this situation.
EPA believes that CESQGs should label and mark containers of
hazardous waste sent to LQGs in order to communicate the contents of
the containers to facility personnel that can then safely manage the
hazardous waste in compliance with the LQG regulations. Since CESQGs
already must make a hazardous waste determination to determine if and
what types of hazardous waste they generate, the Agency does not
believe this condition will pose an undue burden. In fact, if the CESQG
was not required to provide this information, the burden to the LQG
receiving the hazardous waste may increase because the LQG would then
have to do so.
Conditions for Exemption for LQGs
EPA is proposing that LQGs receiving hazardous waste from CESQGs
under the control of the same person comply with the following
conditions for exemption, all proposed at Sec. 262.17(g).
a. Notification. EPA is proposing that LQGs receiving hazardous
waste from CESQGs under the control of the same person submit a
notification to EPA or their authorized state using EPA form 8700-12
(i.e., the Site Identification (Site ID) form) 30 days prior to
receiving the first shipment of hazardous waste from the CESQG. LQGs
would be required to identify in the Comments section of the Site ID
form the name(s), site address(es), and contact information for the
CESQG(s) that will be transferring hazardous waste to the LQG. LQGs
would also be required to submit an updated Site ID form within 30 days
should the name, site address, or contact information for the CESQG
change.
Notification in this instance serves to inform the regulatory
authorities of which LQGs are receiving hazardous waste from which
CESQGs under control of the same person. The Agency believes
notification is necessary in order to communicate to inspectors the
origin of the hazardous waste received by the LQG and to ensure that
the received shipment is managed in compliance with the conditions of
the provision. EPA also believes that notification by the LQG, rather
than notification by the CESQG, is more efficient and less burdensome,
because LQGs are already required to submit
[[Page 57932]]
Site ID forms as part of obtaining a RCRA Identification Number and as
part of the biennial reporting process. Additionally, it is more
efficient for one LQG to notify on behalf of many CESQGs.
EPA has recently made available an electronic interface for states
and the regulated community to use to submit Site ID forms
electronically, which will further reduce burden on LQGs. Facilities
should check with their states regarding whether their state will use
EPA's electronic submittal process.
b. Recordkeeping. LQGs would be required to maintain records for
three years from the date the hazardous waste was received from the
CESQG with the following information:
The name, site address, and contact information for each
CESQG; and
A description of each waste shipment received from the
CESQG, including the quantity, EPA hazardous waste number(s) of each
waste received, and the date the hazardous waste was received.
EPA believes recordkeeping is necessary to ensure the requirement
that the CESQG and LQG are under control of the same person is met, as
well as to ensure that the hazardous waste from the CESQG is managed
according to the other conditions for exemption of this provision, such
as that LQGs are receiving shipments of hazardous waste from CESQGs in
quantities commensurate with the CESQG's generator category. EPA
believes this recordkeeping condition could be fulfilled through
routine business records, such as a bill of lading, and would not
present undue burden to the LQG. Additionally, the LQG could use this
information in order to report the hazardous waste from the CESQG on
its biennial report forms.
c. Labeling and marking of containers. The Agency is proposing that
LQGs comply with the labeling and marking conditions for exemption
under proposed Sec. 262.17(a)(5), including the date accumulation
started (i.e., the date the hazardous waste was received from the
CESQG). (Note: These are the same proposed standards that CESQGs must
comply with in labeling and marking containers that they send to LQGs,
as discussed above.) If the LQG is consolidating incoming hazardous
waste from a CESQG with either its own hazardous waste or with
hazardous waste from another CESQG, the LQG would be required to mark
each container with the earliest date any hazardous waste in the
container was accumulated on site.
Because the LQG must manage the hazardous waste it receives from
CESQGs according to the LQG regulations, EPA believes that the same
labeling and marking regulations should apply to hazardous waste from a
CESQG that is accumulated and managed by an LQG. EPA believes that it
is important that employees, transporters, downstream handlers,
emergency personnel, EPA, and the states know as much as possible about
the potential hazards of the contents in containers that LQGs
accumulate, transport, and manage.
d. Waste management. Under this proposal, an LQG would be required
to manage all incoming hazardous waste from a CESQG in compliance with
the regulations applicable to its LQG generator category. In other
words, there would be no difference in how the hazardous waste from a
CESQG was managed relative to the management of the LQG's own hazardous
waste, although hazardous waste from a CESQG would not be eligible for
management under the satellite accumulation regulations (proposed Sec.
262.15).
4. Biennial Reporting
An LQG would also be required to report the hazardous waste it
receives from CESQGs on its biennial report, as required under Sec.
262.41. EPA plans to include a new source code in the biennial report
instructions (if this provision is made final) that LQGs would use to
identify the hazardous waste as being received from a CESQG (to
differentiate from hazardous waste the LQG generates on site).
Generators would be required to report hazardous waste they receive
from CESQGs by type of hazardous waste. In other words, if an LQG
receives the same type of hazardous waste from multiple CESQGs, it
would only need to report the total quantity of that hazardous waste
received from all CESQGs. This provision is consistent with the
existing provision that LQGs must report information on the quantities
and types of hazardous waste they generate as part of the biennial
reporting process. It will also enable states and EPA to better
understand the additional volumes and types of hazardous wastes managed
at an LQG, which will assist in prioritizing compliance assistance.
5. No Maximum Limit of Hazardous Waste LQGs Receive From CESQGs
Because LQGs currently have no maximum limit on the amount of
hazardous waste they can accumulate, and because the regulations that
are applicable to LQGs are protective, the Agency believes there is no
need to establish a maximum limit on the amount or types of hazardous
waste that an LQG could receive from CESQGs. In fact, we believe the
more hazardous waste that is shipped to LQGs, the greater potential for
reduced risk, since these hazardous wastes would be managed under the
more comprehensive hazardous waste regulations, as opposed to
potentially being sent to non-hazardous waste disposal facilities.
6. Enforcement
EPA believes the proposed conditions to allow CESQGs to send their
hazardous waste to an LQG under the control of the same person are
necessary to ensure protection of human health and the environment.
Failure to meet one or more of the conditions could lead to potential
mismanagement of the hazardous waste, potentially resulting in a
release of hazardous waste or hazardous waste constituents to the
environment. Persons taking advantage of the proposed provision that
fail to meet one or more of the conditions for exemption would be
subject to an enforcement action under RCRA section 3008 for violations
of applicable independent requirements in part 264, 265, 267, 268, and
270. EPA and authorized states would also have the authority to cease
certain transfers of hazardous waste from CESQGs to an LQG in the
context of an enforcement action. EPA also notes that failure on the
part of the LQG to meet one of the conditions for exemption would not
mean that the CESQG is subject to permitting or other standards in 264,
265, and 270, provided that the CESQG met its conditions for exemption
and vice versa.
7. Interstate Shipments
Under RCRA, authorized state programs may be more stringent than
the federal program and thus states may choose not to adopt the
proposed provision allowing CESQGs to send their hazardous waste to an
LQG under the control of the same person. In the case of interstate
shipments where a CESQG wants to transfer its waste to an LQG located
in a different state than the CESQG, the CESQG must ensure that both
states have adopted the provision in order to ship the hazardous waste
to an LQG. Additionally, if a CESQG wants to transfer its waste through
states that have not adopted the proposed provision, these transit
states may also impose state requirements on the shipment while it is
being transported through the state. Therefore, EPA recommends that
generators contact any states through which the hazardous
[[Page 57933]]
waste will be shipped to ascertain their policy about such shipments.
8. Request for Comment
EPA requests comment regarding its proposal to allow CESQGs to ship
their hazardous waste to an LQG under the control of the same person.
EPA is also requesting comment on whether to establish a process
that would allow an entity (whether CESQG or LQG) to request approval
from its EPA Regional Administrator or the authorized state to transfer
hazardous waste from CESQGs to LQGs that are not under the control of
the same person. For example, such inter-company transfers could occur
between high school laboratories and university laboratories or other
waste management companies, such as those assisting with school
chemical clean-outs. While the Agency believes that this should not be
allowed as a general matter, we also recognize that there may be
instances where such an arrangement may be appropriate, and thus, are
taking comment on allowing such arrangements on a case-by-case basis.
EPA is interested in whether such inter-company transfers would produce
the same benefits as for intra-company transfers in enabling greater
control over the management of CESQG hazardous waste, thereby resulting
in improved efficiency and reduced liability for the generator.
The request for approval submitted to the state or Regional office
would have to include the name, address, and contact information for
each entity involved in the arrangement, how the entities will assign
responsibility for the safe management of the hazardous waste during
transport to and accumulation by the LQG, as well as a description of
the actual practices that will be followed by the CESQG and LQG to
ensure the safe management of the hazardous waste. EPA does not believe
that these requests for approval would need publication in the Federal
Register and, instead, would either be approved or denied by the EPA
Regional Administrator or the authorized state. If a request is granted
by the EPA Regional Administrator or the authorized state, the CESQG(s)
and LQG would need to comply with the conditions discussed above for
those CESQGs and LQGs that are ``under control'' of the same person. In
addition, the LQG would need to keep a copy of the request for
approval, as well as EPA's or the state's approval for as long as the
CESQG sends their hazardous waste to the LQG.
EPA is requesting comment on an additional variation for allowing
LQGs to consolidate CESQG hazardous waste when the generators are not
under the control of the same person with a self-implementing request
for approval. Under this variation, the implementing agency would have
sixty days from the date the request was sent to approve or deny it.
After sixty days, the generator may start consolidating regardless of
whether it has heard back from the implementing agency. This option
provides the state or Regional office the ability to deny requests that
pose a risk to human health or the environment or that come from
entities that have a history of not managing waste responsibly, but
puts a limit on how long a generator must wait for a response to its
request for approval.
Effect of the Proposed Reorganization: This section is affected by
the proposed reorganization. The reorganization of the generator
regulations would move the conditions for CESQGs from Sec. 261.5 to
Sec. 262.14 and the conditions for LQGs from Sec. 262.34 to Sec.
262.17. The reorganization is discussed in section XIII of this
preamble.
D. Requiring Biennial Reporting for Owners or Operators of Facilities
That Recycle Hazardous Waste Without Storing It (40 CFR 261.6(c)(2))
EPA is proposing to modify 40 CFR 261.6(c)(2) to require owners or
operators of facilities that recycle hazardous waste without storing it
prior to recycling to comply with the biennial reporting requirements
at 40 CFR 265.75. Because these entities receive hazardous waste using
a hazardous waste transporter and hazardous waste manifest, similar to
a permitted TSDF or a facility with interim status, the Agency is
proposing to amend its regulations and instructions to specify that
such facilities must complete and submit a biennial report to EPA.
Without this information, the Agency and states may have an incomplete
picture of which facilities recycle hazardous waste and the quantities
of regulated hazardous wastes that are recycled, impeding their ability
to provide adequate oversight for those facilities.
The Agency believes that only a few recycling facilities will be
affected by this change. Additionally, considering that most facilities
already have sophisticated information systems to manage and track
incoming shipments of hazardous waste, we believe the burden imposed on
such facilities should be minimal.
The Agency requests comment on this proposed change. Additionally,
the EPA is interested in information regarding whether these facilities
already routinely submit biennial reports or are required by the states
to submit biennial reports.
Effect of the Proposed Reorganization: This section is not affected
by the proposed reorganization.
VIII. Proposed Revisions to 40 CFR Part 262--Standards Applicable to
Generators of Hazardous Waste
A. Proposed Addition of Terms Used in This Part and Changes to Purpose,
Scope, and Applicability (40 CFR 262.1 and 262.10)
As previously discussed, one of the objectives of this proposal is
to revise the hazardous waste generator regulations to make them more
user-friendly and easily understood by both the regulated community and
federal and state regulators. Currently, the hazardous waste generator
regulations are located primarily in three different parts of the CFR
(40 CFR parts 261, 262, and 265). In some cases, it is difficult to
determine what components of the regulations apply to different
categories of hazardous waste generators.
The proposed reorganization will address many of these problems by
moving the regulations at Sec. 261.5 and some of the technical
standards of part 265 into part 262 and by organizing the regulations
based on a generator's category so generators can more easily determine
which regulations they are subject to. That is, EPA is proposing that
Sec. 262.14 contain conditions for exemption for conditionally exempt
small quantity generators, that Sec. 262.15 contain conditions for
exemption for satellite accumulation areas, that Sec. 262.16 contain
conditions for exemption for small quantity generators, and that Sec.
262.17 containing conditions for exemption for large quantity
generators.
In concert with the reorganization of the generator conditions for
exemption, EPA is proposing to add some regulatory language to more
clearly explain how the regulations work for generators and to lay out
which provisions the various categories of generators are responsible
for complying with. The proposed addition of Sec. 262.1 and the
proposed revisions to Sec. 262.10 are meant to achieve these goals.
1. Proposed Addition of 40 CFR 262.1
One concern regarding the current generator regulations is that
they are not sufficiently clear about the distinction between the two
types of generator requirements: Those that a generator must meet
because it is an entity that generates hazardous waste--independent
requirements--and those that a generator must meet only if it
[[Page 57934]]
wants the benefits of an exemption from RCRA permitting--conditions for
exemption. In order to make the regulations clearer regarding this
distinction, EPA is proposing to include definitions for these terms in
a new section of the regulations at Sec. 262.1.
The difference between independent requirements and conditions for
exemption, as discussed previously in this preamble, lies in the nature
of each, and in the consequences that result when each is not met. An
independent requirement is an unqualified or unconditional requirement
imposed without reference or regard to obtaining an optional exemption
from regulation. That is, independent requirements must be met whether
or not the generator accumulates hazardous waste. An independent
requirement is applicable and enforceable, independent of whether the
generator is attempting to obtain an exemption.
A condition for exemption, on the other hand, is a requirement that
is contingent in nature, in that it is only necessary to meet in order
to obtain an optional exemption from other requirements. As an example,
the regulations in Sec. 262.34(a) introduce the conditions of the LQG
exemption by stating that the LQG may accumulate hazardous waste on
site for 90 days or less without a permit or without having interim
status, provided that it meets the conditions listed in that paragraph.
This distinction is relevant because while an entity can
``violate'' and be penalized for violating an independent requirement,
an entity cannot be penalized for not complying with a condition for an
optional exemption. Instead, if the entity does not comply with the
conditions of the exemption, that exemption no longer applies and the
entity becomes subject to full regulation. Violation of an independent
requirement, such as an SQG failing to obtain an EPA identification
number, can result in a notice of violation and enforcement action for
that particular provision. Noncompliance with a condition for
exemption, such as an LQG accumulating hazardous waste for more than 90
days, however, can result in an entity losing its conditional status
and becoming the operator of a non-exempt storage facility subject to
the applicable requirements for storage facilities in parts 124, 264,
265, 267, 268 and 270, and for generators in part 262.
EPA is proposing to define an ``independent requirement'' as a
requirement of any of part 262 that states an event, action, or
standard that must occur or be met and that applies without relation
to, or irrespective of, the purpose of obtaining a conditional
exemption from a permit or having interim status under Sec. 262.14,
262.15, 262.16, or 262.17.
EPA is proposing to define a ``condition for exemption'' as any
requirement in Sec. 262.14, 262.15, 262.16, or 262.17, that states an
event, action, or standard that must occur or be met in order to obtain
a conditional exemption from any requirement in parts 124, 262 through
268, or 270, or from any requirement for notification under section
3010 of RCRA.
We will be using these terms throughout this preamble to
distinguish between these two types of provisions for generators.
EPA is requesting comment on this proposed change to the
regulations, particularly whether it clarifies implementation of the
generator regulations by industry and the regulating entities.
Effect of the Proposed Reorganization: This section is not affected
by the proposed reorganization.
2. Proposed Changes to 40 CFR 262.10(a)
As part of the reorganization of the generator regulations, Sec.
262.10(a), which addresses the purpose, scope, and applicability of the
hazardous waste generator regulations, will list which generator
provisions are independent requirements and which are conditions for a
generator exemption from part 124, from the applicable standards of
parts 264 through 268, from the permitting requirements of part 270,
and from section 3010 of RCRA.
Specifically, EPA is proposing two changes to Sec. 262.10(a): (1)
Stating that a hazardous waste generator is subject to all the
applicable independent requirements of part 262 and listing those
independent requirements and (2) stating that a generator that
accumulates hazardous waste on site is also considered to be a facility
storing hazardous waste unless it meets the conditions for one of the
generator exemptions in Sec. 262.14, 262.15, 262.16, or 262.17.
a. Independent requirements. As stated above, under the RCRA
hazardous waste program, certain regulations are independent
requirements and certain regulations are conditions for exemption from
RCRA permitting and the interim status standards.
To be clear about the distinctions between these types of
standards, EPA is proposing to state at Sec. 262.10(a)(1) that a
person who generates a hazardous waste as defined by 40 CFR part 261 is
subject to all the applicable independent requirements in the subparts
and sections listed, unless the person is a conditionally exempt small
quantity generator (or ``very small quantity generator,'' in the
terminology of the proposed rule) that meets the conditions for
exemption in Sec. 262.14. This new addition will reinforce to
generators that they must meet these independent requirements whether
or not they accumulate hazardous waste on site.
b. Conditional exemption for CESQG, SQG, and LQG. The RCRA
hazardous waste generator regulations provide generators that
accumulate hazardous waste on site with exemptions from the hazardous
waste permitting standards and compliance with interim status standards
in 40 CFR parts 264 and 265, provided certain conditions are met.
Therefore, EPA is proposing to state at Sec. 262.10(a)(2) that a
generator that accumulates hazardous waste on site is also considered a
facility that stores hazardous waste, unless it is excluded because it
meets the conditions of being a generator. The paragraph then lists the
generator categories and where to find the relevant conditions for
each, in Sec. 262.14, 262.16, or 262.17.
These proposed changes to Sec. 262.10 do not constitute
substantive changes to the hazardous waste generator regulations.
Rather, these changes simply reorganize the independent requirements
and conditions for exemption applicable to all hazardous waste
generators based on their generator category into one section of the
regulations. EPA also believes these changes will reduce confusion for
the regulated community in the context of enforcement actions. It has
been the Agency's longstanding position that generators that do not
comply with a condition of a generator exemption fail to qualify for
the exemption and, if they have not qualified for any other exemption,
they would be considered an operating TSDF without a permit and/or in
violation of the storage facility operating standards in parts 264 or
265. The Agency believes this proposed reorganization will improve the
use of and compliance with the regulations.
EPA is requesting comment on these proposed changes.
Effect of the Proposed Reorganization: This section is affected by
the proposed reorganization. The reorganization is discussed in section
XIII of this preamble.
3. Proposed Deletion of Sec. 262.10(c)
Section 262.10(c) of the hazardous waste regulations is a provision
that describes the requirements for a generator who treats, stores, or
disposes of hazardous waste on-site and includes
[[Page 57935]]
a list of provisions these generators must comply with. EPA believes
that this provision in the regulation is outdated and confusing and can
be removed. EPA is proposing to delete and reserve this paragraph.
When Sec. 262.10(c) was initially promulgated on February 26,
1980, the hazardous waste generator regulations distinguished between
the generators that sent hazardous waste to be managed off site and
those that managed their hazardous waste on site. Generators that sent
hazardous waste off site could manage it for 90 days in an accumulation
area, but generators that managed hazardous waste on site were expected
to manage it under their permits or under interim status regulations.
The purpose of Sec. 262.10(c) was to provide the list of requirements
that generators managing hazardous waste were required to follow in
addition to those permits or interim status requirements.
This distinction meant that the two types of generators had very
different standards for the areas where newly generated hazardous waste
was managed. Significantly, generators sending hazardous waste off site
could easily make physical changes to their accumulation areas, whereas
a similar generator managing hazardous waste on site under a permit had
to go through the permit modification process to make the same kind of
changes. EPA effectively eliminated the distinctions by revising these
regulations (45 FR 76624, November 19, 1980 and 47 FR 1248, January 11,
1982). The final rule promulgated in January 11, 1982, made a change to
Sec. 262.10(c) that added the generator accumulation provisions at
Sec. 262.34 to the list of things a generator who treats, stores, or
disposes of hazardous waste on site must comply with. Currently, the
Agency does not make this distinction between generators that send
waste for treatment off site and those that manage waste on site. This
revision is therefore outdated and not well understood and can be
deleted and reserved without disruption to the generator hazardous
waste regulations.
EPA seeks comment on whether anyone is using this provision or has
objection to its removal and what the reasoning for that objection is.
Effect of the Proposed Reorganization: This proposed deletion is
not affected by the proposed reorganization.
4. Generators Are Subject To Enforcement of Applicable Requirements and
Penalties Under Section 3008 of RCRA if They Fail To Meet the
Independent Requirements Made Applicable by the Failure To Obtain a
Conditional Exemption (40 CFR 262.10(g))
The existing regulation at Sec. 262.10(g) states that a generator
is subject to the compliance requirements and penalties prescribed in
section 3008 of [RCRA] if it does not comply with the requirements of
that part. However, this paragraph does not expressly state that a
generator that is not meeting the conditions of its exemption--and is,
therefore, an illegal TSDF--is liable under section 3008 of RCRA for
failing to meet the requirements for TSDFs in parts 124, 264 through
268, and 270.
Therefore, EPA is proposing to revise Sec. 262.10(g) to state that
a generator is subject to enforcement of the applicable requirements
and penalties under section 3008 of RCRA if it fails to meet its
applicable independent requirements under part 262: Sec. 262.11
(Hazardous waste determinations and recordkeeping), Sec. 262.12
(Obtaining an EPA identification number), part 262 subpart B
(Manifest), Sec. Sec. 262.30 through 260.33 (Pre-transport) and part
262 subpart D (Recordkeeping and reporting). The new language would
further explain that a generator is subject to enforcement of the
applicable requirements and penalties under section 3008 of RCRA if it
fails to meet the applicable requirements of parts 124, 263 through
268, and 270, including such requirements made applicable when such
person is not meeting the conditions of the generator exemption.
EPA is requesting comment on these proposed changes.
Effect of the Proposed Reorganization: This section is not affected
by the proposed reorganization.
5. Proposed Deletion of Laboratory XL Project Regulations (40 CFR
262.10(j) and Part 262 Subpart J)
The Laboratory XL Project was created for Boston College, the
University of Massachusetts, and the University of Vermont, and was
finalized in the Federal Register on September 28, 1999 (64 FR 53292).
Originally, the program was to expire on September 30, 2003. But on
June 21, 2006, EPA extended the program and the new expiration date was
changed to April 15, 2009 (71 FR 35550). Since the program has now
expired, EPA is proposing to remove paragraph (j) from Sec. 262.10, as
well as part 262 subpart J.
EPA is requesting comment on this proposed change.
Effect of the Proposed Reorganization: This section is not affected
by the proposed reorganization.
6. Generators Shall Not Transport to a Non-Designated Facility
The Agency is proposing to add a new provision at Sec.
262.10(a)(3) that would clearly and succinctly state that a generator
cannot offer or otherwise cause its waste to be sent to a facility that
is not authorized to accept it.
As the Agency has stated numerous times in the development and
implementation of the RCRA hazardous waste program, a fundamental
aspect of the program is the responsibility placed on the generator of
hazardous waste to ensure its hazardous waste is properly managed from
cradle to grave. Numerous existing regulatory provisions are designed
to ensure that generators send their hazardous waste only to authorized
TSDFs or other authorized facilities. See for example, Sec. Sec.
262.12(c), 262.20(b), 262.40(a). However, from experience with the
program, the Agency has found situations where a generator failed to
send its hazardous waste to a facility authorized to receive that
waste, thus creating both regulatory and potential hazardous waste
mismanagement problems. The Agency believes this provision is necessary
to ensure generators understand they have this obligation and, for that
reason, is placing it in the initial provisions of the generator
regulations.
This provision is being added to the regulatory framework and not
replacing Sec. Sec. 262.12(c), 262.20(b), 262.40(a), as those
provisions are aimed at other aspects of the generator program (for
example, ensuring manifests are properly completed).
The Agency requests comment on adding this new provision.
B. Waste Determinations (40 CFR 262.11)
EPA is proposing to revise the hazardous waste determination
regulations at Sec. 262.11 in order to provide a more complete
explanation of the regulation and improve compliance by hazardous waste
generators. The proposed changes are intended to provide more
information about when a waste determination must be made, as well as
to better explain the methods and procedures for generators to
determine whether they have a listed hazardous waste or a
characteristic waste. The proposed changes also address some
deficiencies in the current recordkeeping regulations.
[[Page 57936]]
Specifically, the proposed changes discussed in this section are
the following: (1) Confirming that a generator's waste must be
classified at its point of generation and, for wastes potentially
exhibiting a hazardous characteristic, at any time during the course of
its management when the properties of the wastes may change; (2)
revising the language on making a determination for a listed hazardous
waste in Sec. 262.11 to explain more fully how generators can make
this kind of determination, including use of acceptable kinds of
generator knowledge; (3) explaining more completely in the regulations
in Sec. 262.11 how a generator should evaluate its waste for hazardous
characteristics; (4) moving the independent recordkeeping and retention
requirements for hazardous waste determinations currently found at
Sec. 262.40(c) into Sec. 262.11 to integrate this provision more
directly into the hazardous waste determination regulations; (5)
revising the hazardous waste determination recordkeeping regulations to
require that SQGs and LQGs maintain records of any test results, waste
analyses, or other determinations made in accordance with Sec. 262.11
for at least three years, including waste determinations where a solid
waste (as defined in Sec. 261.2) is found not to be a RCRA hazardous
waste (as defined in Sec. 261.3); (6) revising the hazardous waste
determination regulations by copying Sec. 262.40(d) into Sec. 262.11
to address situations where an enforcement action has been initiated
and the period of record retention (e.g., three years from when the
record was generated) must be extended automatically during the course
of any unresolved enforcement action regarding the regulated activity
or as requested by the Administrator; and (7) making clear at the very
beginning of Sec. 262.11 that the hazardous waste determination must
be accurate.
In addition, EPA is asking for comment in this section on two
additional potential changes regarding the accuracy of hazardous waste
determinations and the length of time records must be maintained.
Finally, EPA discusses the potential development of an electronic
decision making tool for hazardous waste determinations and takes
comment on whether that would be a helpful tool to generators.
The revisions proposed at Sec. 262.11 are designed to improve
compliance by generators in making a hazardous waste determination for
their solid wastes. To a great extent, the success of the RCRA
hazardous waste regulatory program begins with and relies on generators
making this determination. Failure to make an accurate hazardous waste
determination may lead to mismanagement of the waste, with potential
adverse consequences to human health and the environment. As described
below, generators may have a difficult time making an accurate
hazardous waste determination for a variety of reasons.
Many of the proposed changes at Sec. 262.11 derive from policy
statements and clarifications the Agency has made through the years in
FR notices, guidance documents, and policy letters to help explain how
hazardous waste determinations should be made. The proposed changes
also derive from issues identified in EPA's 30 years of experience
implementing the RCRA hazardous waste program.
1. Background
The regulations at Sec. 262.11 require generators of solid waste
(as defined at Sec. 261.2) to determine whether their waste is also a
hazardous waste. Under RCRA, a solid waste may be hazardous if it is
either listed as hazardous or exhibits a hazardous waste
characteristic. Listed hazardous wastes are wastes that the Agency has
specifically evaluated and determined may present a risk to human
health and the environment, if improperly managed. Such wastes can be
generated by specific processes of particular industries or by many
different types of industry (e.g., spent degreasing solvents) or
hazardous commercial chemical products being discarded as surplus, off
specification, or for another reason. Wastes that exhibit any of the
four hazardous characteristics (ignitability, corrosivity, reactivity,
toxicity) are also classified as hazardous. Hazardous wastes are
subject to a number of handling and disposal requirements intended to
prevent them from damaging human health or the environment.
Once a generator has determined from Sec. 261.2 that it has
generated a solid waste, the regulations at Sec. 262.11 currently
provide the following method for a generator to determine if a waste is
a hazardous waste:
(1) It should first determine if the waste is excluded from
regulation under the exclusions found in 40 CFR 261.4.
(2) It must then determine if the waste is listed as a hazardous
waste in subpart D of 40 CFR part 261. Note that even if the waste is
listed, the generator still has an opportunity under 40 CFR 260.22 to
demonstrate to the Administrator that the waste from his particular
facility or operation is not a hazardous waste.
(3) For purposes of compliance with the land disposal restrictions
in 40 CFR part 268, or if the waste is not listed in subpart D of 40
CFR part 261, the generator must then determine whether the waste is
identified in subpart C of 40 CFR part 261 by either:
(A) Testing the waste according to the methods set forth in subpart
C of 40 CFR part 261, or according to an equivalent method approved by
the Administrator under 40 CFR 260.21; or
(B) Applying knowledge of the hazard characteristic of the waste in
light of the materials or the processes used.
(4) Finally, if the waste is determined to be hazardous, the
regulations state that the generator must refer to parts 261, 264, 265,
266, 267, 268, and 273 of this chapter for possible exclusions or
restrictions pertaining to management of the specific waste.
A generator's responsibility begins with applying due diligence
through knowledge of its processes, feedstocks, and wastes generated,
and/or testing to make an accurate hazardous waste determination for
the solid waste it has generated (see Sec. 261.2). The Agency
considers the application of the above information (e.g., knowledge of
the production processes, feedstocks, and wastes generated and/or
information from testing) to be acceptable types of generator
knowledge. Failure to consider any relevant types of knowledge could be
viewed critically if a situation arose in which a particular
generator's waste determination came under scrutiny. Once a
determination has been made that a generator's solid waste is a
hazardous waste, then the generator can initiate the process of
quantifying the total amount of hazardous waste generated in a calendar
month to determine its generator category, and from that, determine the
regulations with which it must comply. If an incorrect hazardous waste
determination is made (i.e., a hazardous waste is identified as non-
hazardous), there is a strong possibility that the waste will not be
managed appropriately, potentially leading to environmental releases
and damage.
From experience with the waste determination program, the Agency
has found that there are a number of situations in which generators may
misclassify their wastes. In some cases, generators overlook certain
wastes that are unrelated to their production processes, discarding
them in the trash without realizing that they have discarded a
hazardous waste. In other cases, generators may not understand how the
hazardous waste characteristics or listings regulations may apply to
the waste. There are also instances in which
[[Page 57937]]
generators have not even known that RCRA and its regulations apply to
their wastes.
States have also identified difficulties generators have in making
hazardous waste determinations as a concern. A study conducted by the
State of New Hampshire found that generators often overlooked hazardous
wastes they had generated apart from their main production operations,
for example, solvent-contaminated wipes and aerosol
cans.39 40
---------------------------------------------------------------------------
\39\ A final rule for solvent-contaminated wipes was published
in the Federal Register on July 31, 2013. This rule provides an
exclusion from the definition of solid waste for solvent-
contaminated wipes that are recycled and an exemption from the
definition of hazardous waste for discarded wipes provided specific
conditions are met (78 FR 46447).
\40\ Summary of Waste Determination Meetings with VT and NH
State Officials on September 27-28, 2010.
---------------------------------------------------------------------------
The Georgia Department of Natural Resources (GADNR) has also
highlighted this problem in one of its publications, stating ``Many
solid waste streams at facilities tend to be overlooked as hazardous
wastes because the solid waste usually does not resemble what one would
think a hazardous waste looks like [i.e., wastes that are not a liquid
chemical waste (rags, absorbents, or filters); or wastes that are not
directly generated in manufacturing process (universal wastes,
computers, electronics, or sludge in drains or sumps); wastes that are
newly regulated (electronics); or wastes that are similar to household
hazardous wastes (mercury thermometers, aerosol cans, batteries, and
lamps), which are excluded as hazardous waste in accordance with Sec.
261.4(b)(1).].'' \41\
---------------------------------------------------------------------------
\41\ ``10 Most Common Hazardous Waste (RCRA) Violations in
Georgia: 40 CFR 262.11 ``Hazardous Waste Determination,'' Georgia
Department of Natural Resources https://epd.georgia.gov/sites/epd.georgia.gov/files/related_files/site_page/guidehwdet.pdf.
---------------------------------------------------------------------------
The importance of generators making an accurate hazardous waste
determination cannot be over-emphasized. In 2013, a contractor for EPA
completed a third-party program evaluation of the hazardous waste
determination regulations to better understand the reasons generators
may have difficulty making reliable hazardous waste determinations.\42\
This study involved examining national compliance statistics associated
with hazardous waste determinations and meeting with representatives of
three state programs--Texas, Minnesota, and Colorado--and the regulated
community in those states. Questions focused on rates of non-compliance
with the hazardous waste determination regulations, obstacles to
generator compliance, the role of state waste management programs and
the role of third parties, such as environmental services companies or
industry trade organizations. The interviewers also solicited
stakeholder recommendations for improvement of the waste determination
regulations.
---------------------------------------------------------------------------
\42\ Hazardous Waste Determination Program Evaluation, IEc,
April 2013. https://www.epa.gov/evaluate/pdf/waste/haz-waste-determination.pdf.
---------------------------------------------------------------------------
The evaluation reported the following findings. First, the average
non-compliance rate with the RCRA hazardous waste determination
regulations across the United States is approximately 34 percent. This
figure is based on an analysis of hazardous waste determination
violations during EPA compliance inspections recorded in EPA's RCRAInfo
data system from 2001 to 2011.\43\ These results are supported by the
results of other EPA analyses. For example, in a review of inspection
reports of the foundry sector by EPA's Office of Compliance, EPA found
26 of 69 facilities, or 38 percent, with hazardous waste determination
violations.\44\ Additionally, an EPA analysis of inspections at CESQG
facilities conducted by the State of Kansas inspectors for the 2009-
2012 time period found a waste determination non-compliance rate of 21
percent, and an EPA analysis of inspections of Iowa CESQG facilities
conducted by EPA Region 7 inspectors for the same time period found a
waste determination violation rate of 36 percent.45 46
---------------------------------------------------------------------------
\43\ RCRAInfo is EPA's national repository for hazardous waste
generation and management data.
\44\ ``Review of RCRA Inspection Report Practices,'' May 2007.
\45\ EPA administers Iowa's hazardous waste program.
\46\ Iowa CESQG Inspections 2009-2012, October 2012; Kansas
CESQG Inspections 2009-2012, December 2012.
---------------------------------------------------------------------------
Probably the most comprehensive analysis involved examining all
compliance evaluation inspections of LQGs, SQGs, and CESQGs conducted
by both the EPA Regions and the states for fiscal years 2008-2012.\47\
Of the 62,003 compliance evaluation inspections conducted during that
time period, EPA and the states found 8,148 waste determination
violations, resulting in a non-compliance rate of 13.1 percent. While
the estimates of waste determination violation rates vary somewhat
across the studies examining them, all of them identify violation rates
that are significant.
---------------------------------------------------------------------------
\47\ State Compliance Evaluation Inspections (CEI) for FY 2008-
2012.
---------------------------------------------------------------------------
The evaluation also discussed a number of implementation challenges
that lead to non-compliance with the hazardous waste determination
regulations. The evaluation identified 30 recurring themes that
describe various obstacles, challenges, and factors that influence
hazardous waste generators' compliance with the hazardous waste
determination regulations. These 30 themes fall into three overarching
categories: (1) Challenges related to the regulations; (2) challenges
related to generators; and (3) challenges related to regulatory
agencies.\48\
---------------------------------------------------------------------------
\48\ Hazardous Waste Determination Program Evaluation, IEc,
April 2013. https://www.epa.gov/evaluate/pdf/waste/haz-waste-determination.pdf.
---------------------------------------------------------------------------
The Agency is proposing changes intended to address the two
challenges identified that are related to the regulations. These are
(1) difficulty understanding the regulations as written and (2)
difficulty interpreting and applying the regulations to specific
circumstances. The proposed changes to Sec. 262.11 are intended to
elaborate on the meaning and intent of these regulations to make them
easier for generators to understand. We believe the better
understanding resulting from these changes will also make it easier to
appropriately apply the requirements to a broader range of specific
circumstances.
2. Improvements to the Existing Hazardous Waste Determination
Regulations
EPA's evaluation of the waste determination regulatory program
noted that improving compliance in making accurate waste determinations
is a multi-faceted problem. The Agency believes improving the clarity
of the regulatory text is an important step because it represents the
foundation from which all subsequent EPA and state outreach, technical
assistance and enforcement efforts begin. In this regard, EPA
identified several particular areas for possible improvements to the
current regulations:
--Confusion about where and when to make a hazardous waste
determination, particularly when further management of that material
may result in a change in the hazardous waste determination.
--Sec. 262.11(b), which relates to whether or not a solid waste is
a listed hazardous waste, does not describe how a generator should
determine if the material in question is a listed hazardous waste.
--Sec. 262.11(c) states that a generator can either test its waste
or use process knowledge or knowledge about its waste to determine
whether a solid waste is a characteristic hazardous waste.
[[Page 57938]]
However, there is little guidance in the regulation on using knowledge
to classify waste.
--The existing regulatory text notes that test methods are included
in the hazardous characteristic definitions in subpart C of part
261,but does not note that tests are not provided for all aspects of
the hazardous characteristics identified there.
The Agency has provided guidance on these issues over the past 30
years and through these proposed regulatory revisions intends to
incorporate key aspects of that guidance into the regulatory language.
Finally, EPA is proposing to address deficiencies in the
recordkeeping for hazardous waste determinations. These deficiencies
include both a lack of specificity regarding what materials used in a
hazardous waste determination must be maintained and lack of a specific
statement that the independent requirement to maintain records is
extended when there is an unresolved enforcement action. In addition,
there are large number of hazardous waste determinations for which
records are not being kept because the generator determines that the
material in question is not a hazardous waste. Failure to maintain
records in these cases makes it difficult for regulatory agencies to
determine how a generator made the determination and to quickly assess
whether the determination is accurate.
3. When and Where To Make a Hazardous Waste Determination
To respond to generator concerns about identifying the most
appropriate point at which to make a hazardous waste determination, EPA
is proposing to revise Sec. 262.11 to add a paragraph (a), which would
state that a hazardous waste determination must be made at the point of
waste generation (i.e., when the material becomes a solid waste).\49\
The RCRA statute makes clear that the term ``hazardous waste
generation'' means the act or process of producing hazardous waste.\50\
By requiring that the initial hazardous waste determination be made at
the point of generation, the regulation clarifies that the
determination cannot be made downstream in the process where other
materials could be mixed with the waste or where the waste changed its
physical characteristics simply as a result of time elapsing affecting
the hazardous waste determination. This standard must be met even in
instances in which another entity, such as a waste management facility,
makes the waste determination on behalf of the generator.
---------------------------------------------------------------------------
\49\ A material must be a solid waste before it can be a
hazardous waste under RCRA.
\50\ See Solid Waste Disposal Act, Sec. 1004, page 9.
---------------------------------------------------------------------------
The 1980 preamble to the original hazardous waste regulations
explicitly discussed this scenario, stating that a solid waste which is
a hazardous waste because it is listed in part 261 subpart D must begin
to be managed as a hazardous waste when it first meets the subpart D
listing description. The preamble explains that most of the hazardous
wastes listed in Sec. Sec. 261.31 and 261.32 of subpart D (the F-list
and the K-list) are process residues, emission control dusts, or
wastewater treatment sludges and the point in time when they are
created is generally well defined. For other hazardous wastes, such as
spent solvents or those hazardous wastes listed in Sec. 261.33, the
point at which they meet the listing description is somewhat less well
defined, but generally occurs when their intended use has ceased and
they begin to be accumulated or stored for disposal, re-use, or
reclamation. The preamble then goes on to provide several examples
illustrating how this provision would operate in practice (45 FR 33095-
96, May 19, 1980).
The 1980 regulatory preamble also addressed this issue for
characteristic hazardous waste. In defining what waste is considered
hazardous, Sec. 261.3(b)(3) states that ``a solid waste becomes a
hazardous waste . . . when the waste exhibits any of the
characteristics.'' EPA elaborated on this regulatory definition in 1980
by noting that ``paragraph (b) provides that a solid waste is a
hazardous waste whenever it exhibits one or more of the
characteristics. As a practical matter, this means that persons
handling solid waste must determine whether they meet the
characteristics whenever the management of the waste would be subject
to EPA's part 262-265 regulations'' (45 FR 33095, May 19, 1980).
This implies that a generator's waste characterization obligations
may continue beyond the determination made at the initial point of
generation. In the case of a non-hazardous waste that may, at some
point in the course of its management, exhibit a hazardous waste
characteristic, there is an ongoing responsibility to monitor and
reassess its regulatory status if changes occur that may cause the
waste to become hazardous. Thus, the generator must monitor the waste
for potential changes if there is reason to believe that the waste may
physically or chemically change during management in a way that might
cause the waste, or a portion of the waste, to become hazardous.
The preamble to the final rule for the toxicity characteristic
reiterated that the current rules require that the determination of
whether a waste is hazardous is to be made at the point of its
generation (i.e., when the material becomes a solid waste).\51\ In the
preamble to that rule, EPA stated that it believes that the
determination of the regulatory status of a waste at the point of
generation continues to be appropriate and that EPA was retaining the
existing approach of requiring that a determination be made at the
point of generation (55 FR 11830, March 29, 1990).
---------------------------------------------------------------------------
\51\ A material must be a solid waste before it can be a
hazardous waste under RCRA.
---------------------------------------------------------------------------
Thus, for determining whether a waste exhibits a hazardous
characteristic, generators of solid waste are required to make a
hazardous waste determination at the initial point of generation, in
the form the waste is generated in (i.e., ``as is''), following the
procedure described in Sec. 262.11, which allows use of generator
knowledge and/or testing, as appropriate. A generator's hazardous waste
determination at the initial point of generation is critical to ensure
proper management of the waste not only by the generator, but also by
transporters and TSDFs who rely upon the generator's determination to
allow them to safely manage the waste and provide appropriate
treatment.\52\
---------------------------------------------------------------------------
\52\ Note that making a solid and hazardous waste determination
is also applicable for the exemptions identified at Sec. Sec. 261.2
and 261.4 since such exemptions negate the determination.
---------------------------------------------------------------------------
As an example, in a letter regarding a waste consisting of solvents
mixed with water that separates and becomes biphasic over time, the
Agency stated that in this situation, the generator must make the
hazardous waste determination not only at the initial point of
generation, but also after the waste separates into phases. This letter
went on to say that a generator's responsibility to make a hazardous
waste determination may continue beyond the determination made at the
initial point of generation. In the case of a nonhazardous waste that
may, at some point in the future, exhibit a hazardous waste
characteristic, there is an ongoing responsibility to monitor and
reassess if changes occur that may cause the waste to become hazardous.
Again, if there is reason to believe that the waste may physically
or chemically change during management in a way that might cause the
waste, or portion of the waste, to become hazardous, the generator must
monitor the waste for these changes. The generator should also notify
any subsequent handlers of the waste so they are aware that they
[[Page 57939]]
should also monitor the waste for changes. This is analogous to and
consistent with situations the Agency has discussed in the past such as
when, over time, sludges that exhibit the characteristic of toxicity
settle out of nonhazardous wastewaters managed in surface
impoundments.\53\
---------------------------------------------------------------------------
\53\ Letter from Betsy Devlin, Director of EPA's Materials
Recovery and Waste Management Division, to Gary Jones, Printing
Industries of America, November 20, 2012, RCRA Online 14834.
---------------------------------------------------------------------------
Therefore, to clarify that hazardous waste determination must be
made at the point of generation, the Agency is proposing to revise the
regulations at 40 CFR 262.11 by adding a new paragraph (a) that would
state that a hazardous waste determination for each solid waste must be
made at the point of waste generation, before any dilution, mixing, or
other alteration of the waste occurs, and at any time in the course of
its management that it has, or may have, changed its properties as a
result of exposure to the environment or other factors that may change
the properties of the waste.
This addition of paragraph (a) would change current Sec. 262.11(a)
into Sec. 262.11(b) and bump all subsequent paragraphs in that
section.
EPA requests comments on the proposed changes to Sec. 262.11 and
in particular is soliciting comment on whether the proposed new
language is sufficient to improve the existing regulatory text and
better assist generators in making effective hazardous waste
determinations. Additionally, EPA is interested in comments regarding
improvements the Agency could make to the proposed regulatory text.
Effect of the Proposed Reorganization: This section is not affected
by the proposed reorganization.
4. Determining Whether a Waste Is a Listed Hazardous Waste
a. Identifying listed hazardous wastes. As a general matter,
determining whether a waste is a listed hazardous waste consists of
comparing the waste that the generator generates to the hazardous waste
listing descriptions in Sec. Sec. 261.31 through 261.33. For many
wastes, identifying the origin of the waste is sufficient to determine
whether it is a listed waste and this determination is rather
straightforward. However, this is not always the case. Sometimes
additional information about the waste, the process that generated it
(including production feedstocks), and the listing regulations is
needed to make a reliable determination, including the following: (1)
The regulatory language of the hazardous waste listing; (2) the
regulatory intent of the original hazardous waste listing (as evidenced
by FR notices and technical support documents and interpretative
letters from the original listings); and (3) facts specific to the
waste stream at issue.\54\
---------------------------------------------------------------------------
\54\ Note that once listed at Sec. Sec. 261.31-33 wastes remain
listed as hazardous wastes unless and until they are delisted in
accordance with Sec. Sec. 260.20 and 260.22 or unless they are
specifically excluded from Sec. 261.3, regardless of their actual
composition and constituent concentrations even if the manufacturing
and/or treatment processes do not use any of the constituents for
which the wastes were listed.
---------------------------------------------------------------------------
These three types of information can be considered as acceptable
types of generator knowledge about a waste stream for making a
hazardous waste determination. A November 20, 1997, Federal Register
notice elaborates on the use of knowledge to make a listing
determination--that is, determining whether a waste is a listed
hazardous waste can be accomplished by comparing information on the
waste stream origin with the RCRA listings set forth in 40 CFR part 261
subpart D. These listings are separated into four major categories or
lists and are identified by EPA hazardous waste numbers starting with
the letters K, F, P, or U, depending on the category of the waste. The
hazardous waste numbers are associated with a specific waste
description, specific processes that generate the wastes, or certain
chemical compounds. For example, EPA hazardous waste number K103 is
defined as ``Process residues from aniline extraction from the
production of aniline.'' A generator that produces such residues should
know, without any sampling or analysis, that these wastes are
``listed'' RCRA hazardous wastes by examining the K103 hazardous waste
description in the hazardous waste lists and comparing this with the
production process that generated the waste.
Other hazardous waste listings describe wastes generated from
generic processes that are common to various industries and activities.
They include, for example, waste solvents (e.g., EPA hazardous waste
numbers F001-F005), which are often used in the degreasing or cleaning
processes of manufacturing operations, and thus are widely generated.
EPA hazardous waste number F001 is a listed waste from a non-specific
source that is defined by providing a list of spent halogenated
solvents at a particular concentration before use and stating that they
are F001 when used in degreasing. Because this listed waste is from a
non-specific source, the generator would compare this listing
description to any industry operation where solvent degreasing is
conducted to determine whether this waste meets the specific listing
description.
Note that these spent solvents are regulated as hazardous under
RCRA, but only if the total of all the solvent constituents before use
is greater than or equal to ten percent of the material's volume. This
adds a layer of complexity to the hazardous waste determination and
requires that the generator have knowledge of the composition of the
unused solvent before the waste is generated.
Finally, the hazardous waste regulations include the ``derived
from'' and ``mixture'' rules, which state that any solid waste derived
from the treatment, storage, or disposal of a listed RCRA hazardous
waste, or any solid waste mixed with a listed RCRA hazardous waste,
respectively, is itself a listed RCRA hazardous waste until delisted
(see Sec. 261.3(a)(2)(iv) and Sec. 261.3(c)(2)(i), respectively) (62
FR 62082, November 20, 1997). The exception to these rules is when the
waste is listed solely because it exhibits a hazardous waste
characteristic, but the particular waste in question no longer exhibits
any hazardous characteristic (Sec. 261.3(g)).
b. Proposal to provide further explanation in regulatory text about
listed waste determinations. The current regulation at Sec. 262.11(b)
provides minimal information to generators for determining whether
their waste is a listed hazardous waste. EPA is proposing that this
paragraph be expanded and that it be redesignated as Sec. 262.11(c) to
make room for existing paragraph (a) of Sec. 262.11, which would be
redesignated as paragraph (b) under the proposed new regulatory
framework at Sec. 262.11 and which addresses the generator
determination of whether the solid waste it has generated is excluded
from regulation under 40 CFR 261.4.
The new Sec. 262.11(c) would identify the types of acceptable
information that the generator could consider in evaluating its waste
against the hazardous waste listing descriptions and would assist them
in determining if they have generated a listed hazardous waste. This
proposed paragraph would state that if the waste is not excluded under
40 CFR 261.4, the person must then use knowledge of the waste to
determine if the waste meets any of the listing descriptions under
subpart D of 40 CFR part 261. Acceptable knowledge that may be used in
making an accurate determination as to whether the waste is listed
includes, but is not limited to, waste origin, composition, the process
producing the waste, feedstock, and
[[Page 57940]]
other relevant information. If the waste is listed, the person may file
a delisting petition under 40 CFR 260.20 and 260.22 to demonstrate to
the Administrator that the waste from this particular site or operation
is not a hazardous waste.
EPA requests comments on these proposed modifications to Sec.
262.11(c).
Effect of the Proposed Reorganization: This section is not affected
by the proposed reorganization, but the contents of the current Sec.
262.11(b) are proposed to be revised and moved to Sec. 262.11(c) to
account for the proposed inclusion of a new Sec. 262.11(a).
5. Determining Whether a Waste Is a Characteristic Hazardous Waste
The RCRA hazardous waste regulations identify four characteristics
that can result in a hazardous waste classification: ignitability,
corrosivity, reactivity, and toxicity. Wastes exhibiting any of these
characteristics have EPA hazardous waste numbers starting with the
letter ``D'' and the regulations defining these characteristics are at
Sec. Sec. 261.20 through 261.24. The current Sec. 262.11 regulations
identify two methods for determining whether a solid waste is hazardous
because it exhibits a hazardous characteristic: (1) Testing of the
waste or (2) using knowledge of the hazard characteristic and the
materials and processes used in generating the waste. Further, even if
a waste is a listed hazardous waste, the regulations require the
generator to determine whether it also exhibits a hazardous
characteristic to ensure that all waste treatment obligations under
part 268 are met. This ensures that the waste can be treated to
mitigate hazards posed by chemicals or properties for which it was
listed, and also any characteristic hazards, which may be different
from hazards that are the basis for listing.
a. Use of testing to identify waste exhibiting a hazardous
characteristic. The current regulations at Sec. Sec. 261.20 through
261.24 describe two different ways to determine whether a solid waste
is a hazardous waste because it exhibits certain characteristics. In
some cases, the regulations identify specific test methods, the results
of which can be used directly to determine whether the waste exhibits
that characteristic (although testing is not required, and knowledge
may be used). These include for example, the pH test for the
corrosivity characteristic, the flashpoint test for liquids for the
ignitability characteristic, and the toxicity characteristic leaching
procedure (TCLP) for the toxicity characteristic. Other hazardous
characteristics are defined narratively, such as the definitions for
ignitable solids or oxidizers in the ignitability characteristic, and
the reactivity characteristic. When there is no regulatory test, then
knowledge of the waste's origin, production processes, feedstocks,
chemical composition, and other relevant information is acceptable and
necessary for determining whether wastes exhibit one of these
characteristics. Testing that may illustrate and support identification
of the properties of the waste (even though it is not part of the
regulation) can be part of the generators' knowledge of the waste.
The proposed language associated with testing at Sec. 262.11(d)(1)
specifies that generators testing their waste must obtain a
representative sample for testing, as defined at Sec. 260.10 and as
required by all of the hazardous characteristic regulations. For those
characteristics that include a specific test as part of the regulation,
the results of that test, when properly performed and compared with
regulatory thresholds, are definitive for determining whether the waste
is hazardous. The tests specified by the regulations are available in
EPA's ``Test Methods for Evaluation Solid Waste, Physical/Chemical
Methods,'' EPA Publication SW-846. This document which contains all of
OSWER's analytical methods, is available on EPA's Web site at: https://www.epa.gov/epawaste/hazard/testmethods/index.htm.
When evaluating a waste for one of the hazardous characteristics
for which there is a regulatory test, generators are not required to
use the test provided the generators' knowledge about the waste is
adequate to make a reliable determination about the RCRA status of the
waste, as discussed in the next section. However, if a disagreement
arises between a generator and an inspector about whether a particular
waste is hazardous, we would recommend that the generator use the
regulatory test, since the results of the test, when properly
performed, should resolve such a disagreement.
For those characteristics that do not include a specific test, but
provide a narrative definition, the generator can use appropriate
tests, such as those identified in SW-846 that identify hazardous
properties as part of their knowledge about the waste to help determine
whether the waste exhibits the hazardous waste characteristic. In
addition, test methods used by DOT, the National Fire Protection
Association, or other third-party testing organizations may be useful
or relevant for evaluating a particular waste. However, the generator
would need to show the relevance of the test to the waste evaluation.
The Agency has discussed the use or requirement of testing in
various Federal Register notices, guidance documents, and letters. In
promulgating the toxicity characteristic regulations in 1990, EPA
considered whether to require TCLP testing. However, the Agency
determined that the flexibility of the current approach resulted in a
more effective and practical program overall and that liability for
incorrect determinations would provide a strong incentive for
generators to not misclassify their wastes as non-hazardous (55 FR
11829-30, March 29, 1990). In a 1992 letter, the Agency re-emphasized
that generators are not required to test their waste to determine
whether it is hazardous. As part of that letter, the Agency made clear
that to ensure proper handling and treatment, the generator must
identify all the hazardous characteristics a waste may exhibit as
identified in part 261 subpart C.\55\ In another letter, the Agency
discussed the importance of testing a representative sample of the
waste, as required by the hazardous characteristics regulations.\56\
The introductory chapters (1-13) of SW-846 provide guidance on a number
of important analytical issues, including development of sampling plans
and sampling methods, as well as quality control and an overview of the
different types of methods in the guidance.
---------------------------------------------------------------------------
\55\ Letter from Sylvia Lowrance, Director of EPA's Office of
Solid Waste to Basil Constantelos, Safety-Kleen, October 28, 1992,
RCRA Online 13570.
\56\ Letter from Sylvia Lowrance, Director of EPA's Office of
Solid Waste to James Maes, Blue Beacon International, Inc., May 1,
1991, RCRA Online 11603.
---------------------------------------------------------------------------
b. Use of knowledge to identify waste exhibiting a hazardous
characteristic. As we discussed previously with respect to the
identification of listed hazardous wastes, EPA is also proposing to
modify Sec. 262.11 to include the acceptable types of information that
a generator can consider when applying generator knowledge for making
hazardous waste determinations for potentially characteristic hazardous
waste. Much of this information has been discussed in Federal Register
notices and other guidance documents over the past 30 years.
Specifically, several FR notices discuss what constitutes ``process
knowledge'' for making a hazardous waste determination and include the
following potential sources: (1) Waste analysis data or studies on
wastes generated from processes similar to that
[[Page 57941]]
which generated the original waste; \57\ (2) waste analysis data
obtained by TSDFs from the specific generators that generated the waste
and sent it off site, and (3) waste analysis data obtained by
generators or TSDFs from other generators, TSDFs, or areas within a
facility that test chemically identical wastes.\58\ In addition,
information about chemical and physical properties of manufacturing
feedstocks or product contained in Material Safety Data Sheets (MSDS),
or Safety Data Sheets (SDS) under OSHA's regulations implementing the
UN Global Harmonized System of Classification and Labelling of
Chemicals (GHS), or other reliable data sources may be used to assist
the generator in determining whether any of the product's constituents
or properties would make it a characteristic waste, when discarded.\59\
Also, an FR notice from 2003 identifies still other information that
the Agency has considered appropriate and useful in using knowledge to
classify waste, including special handling of waste by the generator to
temporarily prevent it from exhibiting a hazardous characteristic
(e.g., keeping it either wet or dry to prevent reaction to air or
water, respectively); testing using non-regulatory tests that may
illustrate some of the waste's properties; classification under certain
Department of Transportation hazardous material designations that may
be similar to or overlap with RCRA hazardous characteristics, as well
as identification of environmental damage attributable to mismanagement
or disposal of the waste.60 61 All of the above examples are
considered as acceptable types of knowledge that can be used by a
generator.
---------------------------------------------------------------------------
\57\ 62 FR 62081-2, November 20, 1997; 58 FR 48111-12, September
14, 1993.
\58\ 62 FR 62081-2, November 20, 1997.
\59\ Letter from Matt Hale, Director of EPA's Office of Solid
Waste, to Michael Beckel, 3E Company, June 6, 2008, RCRA Online
14790, and 68 FR 59940, October 20, 2003.
\60\ 68 FR 59939-40, October 20, 2003.
\61\ Test methods developed by the UN Committee on Transport of
Dangerous Goods, the National Fire Protection Association, or others
may be useful and relevant for evaluating a particular waste.
However, the generator must show the relevance of the test to waste
evaluation.
---------------------------------------------------------------------------
Some states have also provided guidance to their generators on some
of the challenges of only using process knowledge. For example, the
Connecticut Department of Energy and Environmental Protection notes
that although knowledge of process information can be very useful
(especially in identifying hazardous constituents that are known to be
present), it may not always be adequate to fully and properly
characterize a waste. In particular, knowledge of the process may not
account for factors such as trace contaminants that may not be listed
on an MSDS (only chemicals present at concentrations greater than 1%
are typically identified), contaminants introduced during use, and
cross-contamination from other wastes. As a result, some sampling may
be required by the state to properly characterize a waste.\62\
---------------------------------------------------------------------------
\62\ See Connecticut Department of Environmental Protection Web
site, Hazardous Waste Determinations/Knowledge of Process at https://www.ct.gov/deep/cwp/view.asp?a=2718&q=325422&deepNav_GID=1967.
---------------------------------------------------------------------------
Similarly, the Georgia DNR has highlighted some of the challenges
of only using process knowledge. In particular, a GADNR publication
states, ``Using [process] knowledge alone to make a hazardous waste
determination may not always be adequate due to the variability of the
waste, or the lack of knowledge of chemical processes in generating the
waste. In those cases where the waste generated is variable, generators
may choose to make a determination that the waste is hazardous waste
rather than testing the waste each time it is generated. In addition,
in the case of a hazardous waste that is always hazardous, but is
characteristic for certain constituents at times, but not at others,
the generator may choose to be inclusive of all potential waste codes,
rather than test the waste each time it is generated. If the generator
with a variable waste chooses not to treat the waste as described above
in this paragraph, the waste must be tested as generated.'' \63\
---------------------------------------------------------------------------
\63\ ``10 Most Common Hazardous Waste (RCRA) Violations in
Georgia: 40 CFR 262.11 ``Hazardous Waste Determination,'' Georgia
Department of Natural Resources https://epd.georgia.gov/sites/epd.georgia.gov/files/related_files/site_page/guidehwdet.pdf.
---------------------------------------------------------------------------
The Georgia DNR has also issued useful guidance for its generators
regarding the testing and recordkeeping for waste, stating that, ``If
test methods are used to determine if the waste exhibits a
characteristic, a description of how the waste was sampled to obtain a
representative sample and copies of the analytical results for that
sample should be included as documentation of the hazardous waste
determination. The generator may apply knowledge of the waste and the
generation process to determine which constituents/parameters to
include in analyses, as well as where and when sampling is most
appropriate. However, if the full suite of analyses is not applied, the
generator must have sufficient documentation to demonstrate why only
certain analyses were applied, and not all. Adequate documentation
includes a list of constituents/chemicals that make up the waste, their
physical and chemical properties, the effects of the process on the
product/materials in the waste, and whether the product/material picks
up additional hazardous constituents (contaminants) in the process; all
of which provide knowledge as to what constituents should be included
in the analyses.'' \64\ Other states have also issued guidance
illustrating the need for generators to understand the wastes they
generate and to consider all factors affecting waste composition and
properties in making hazardous waste determinations.
---------------------------------------------------------------------------
\64\ ``10 Most Common Hazardous Waste (RCRA) Violations in
Georgia: 40 CFR 262.11 ``Hazardous Waste Determination,'' Georgia
Department of Natural Resources https://epd.georgia.gov/sites/epd.georgia.gov/files/related_files/site_page/guidehwdet.pdf.
---------------------------------------------------------------------------
c. Proposal on using process knowledge. In consideration of the
above discussion and to better assist generators in making hazardous
waste determinations, EPA is proposing to revise the regulations
associated with using knowledge to identify waste exhibiting a
hazardous characteristic currently found at Sec. 262.11(c)(2). Under
this proposed rule, Sec. 262.11(c)(2) would move to Sec. 262.11(d)(2)
and would identify various types of information that EPA has identified
in the past as potentially relevant and acceptable for making a RCRA
waste determination, including information about chemical feedstocks
and other inputs to the production process; knowledge of products, by-
products, and intermediates produced by the manufacturing process;
chemical or physical characterization of wastes; information on the
chemical and physical properties of the chemicals used or produced by
the processor or otherwise contained in the waste; testing that
illustrates the properties of the waste; or other reliable and relevant
information about the properties of the waste or its constituents.
A test other than a test method set forth in subpart C of 40 CFR
part 261, or an equivalent method approved by the Administrator under
40 CFR 260.21, is also acceptable and may be used as part of a person's
knowledge to determine whether a solid waste exhibits a characteristic
of hazardous waste. However, such tests do not, by themselves, provide
definitive results and the generator may need to identify why the test
is relevant.
The Agency requests comments on the proposed changes associated
with revising Sec. 262.11(c) and moving it to
[[Page 57942]]
Sec. 262.11(d). In particular, EPA requests comment on whether the
proposed language is sufficient to improve the existing regulatory text
and better assist generators in making more effective hazardous waste
determinations or whether other improvements should be made to the
proposed regulatory text.
Effect of the Proposed Reorganization: This section is not affected
by the proposed reorganization, but the contents of current Sec.
262.11(c) are being revised and bumped to Sec. 262.11(d) to account
for the new Sec. 262.11(a).
6. Documenting and Maintaining Records for Hazardous Waste
Determinations
The Agency is proposing to make one organizational change and
several revisions to the recordkeeping provisions associated with
making a hazardous waste determination, a provision found currently at
Sec. 262.40(c). Section 262.40(c) currently states that a generator
must keep records of any test results, waste analyses, or other
determinations made in accordance with Sec. 262.11 for at least three
years from the date that the waste was last sent to on-site or off-site
treatment, storage, or disposal. This independent recordkeeping
requirement is applicable to SQGs and LQGs only. CESQGs are not
affected by this section.
First, the Agency is proposing that this paragraph be moved to
Sec. 262.11(e) to integrate this provision with the hazardous waste
determination regulations in that section. Additionally, EPA is
proposing to revise the wording to better articulate the types of
information acceptable to making an accurate hazardous waste
determination that must be maintained and to emphasize the importance
of this section.
These records must include, but are not limited to, the following
types of information that have been used by the generator in making the
waste determination: The results of any tests, sampling, or waste
analyses; records documenting the tests, sampling, and analytical
methods used and demonstrating the validity (or quality assurance/
quality control) and relevance of such tests; records consulted in
order to determine the process by which the waste was generated,
information on the composition of the waste and the properties of the
waste; and records which explain the basis for the generator's
determination as described at Sec. 262.11(d)(2).
Second, the Agency is also restating that these records must be
maintained for at least three years from the date that the waste was
last generated by the facility and also stating that should the
generator be involved in any unresolved enforcement action regarding a
waste determination, then the periods of record retention are extended
automatically or if requested by the Administrator. An ``unresolved
enforcement action'' means any formal administrative, civil or criminal
enforcement action which has been filed or issued against a generator
by EPA or authorized state pursuant to RCRA subchapter III or VII and
for which all rights of appeal have not been exhausted.
Additionally, EPA is proposing to revise the wording of the section
to better articulate the types of waste determination information that
must be maintained and to emphasize the importance of this section. In
an effort to improve compliance with the hazardous waste determination
regulations, and therefore improve environmental protection, EPA is
proposing to revise the recordkeeping regulations to require small and
large quantity generators making a waste determination to document and
maintain records of all their hazardous waste determinations, including
determinations where a solid waste is found not to be a hazardous
waste.\65\ In many respects, this proposed change also relates to the
above proposed change in the regulations to clarify that generators
must use due diligence in making a hazardous waste determination by
applying process knowledge and/or testing results to the solid waste
they generated. The Agency believes it is very important that
generators make accurate hazardous waste determinations to avoid
potential adverse impacts to human health and the environment from the
possible mismanagement of hazardous waste. Therefore, we believe the
benefits to human health and the environment far outweigh the minimal
costs of requiring SQGs and LQGs to document hazardous waste
determinations, including determinations where the solid waste was
found not to be a hazardous waste.
---------------------------------------------------------------------------
\65\ As will be discussed later in this section, the Agency does
not intend for this provision to apply to those generators that
generate a solid waste that clearly has no potential to be a
hazardous waste.
---------------------------------------------------------------------------
CESQGs would not be affected by this change. However, maintaining a
copy of their hazardous waste determinations may be beneficial to a
CESQG to support any questions posed during an inspection by EPA or
state inspector, as well as to support their waste generator category.
In analyzing Kansas and Iowa inspection data of CESQG facilities,
instances were found where the generator failed to make an accurate
hazardous waste determination resulting in the generator moving into a
higher generator category and becoming subject to the regulations of
either an SQG or LQG.
The hazardous waste determination process is the gateway to the
hazardous waste generator regulatory program and, to a great extent,
its ultimate success. If a generator can accurately identify the types
of hazardous wastes it generates, it can then identify the applicable
regulations it must comply with to ensure safe management of that
waste. Conversely, if a generator fails to make an accurate hazardous
waste determination, that failure can potentially lead to the
mismanagement of hazardous waste and environmental damages. In
addition, the generator could then be cited in an enforcement action
not only for that violation, but also for failing to comply with other
generator regulations, including operating without a RCRA permit (see
Sec. 262.34(a) and (d)).
The Agency made this point clear when it initially promulgated the
hazardous waste generator rules in February 1980, where it stated,
``The determination is the crucial, first step in the regulatory
system, and the generator must undertake this responsibility
seriously'' (45 FR 12727, February 26, 1980). Unfortunately, as
previously discussed, there is a high rate of noncompliance with the
hazardous waste determination regulations.
Under the current regulations at Sec. 262.40(c), a generator is
required to document and maintain records of any test results, waste
analyses, or other determinations made in accordance with Sec. 262.11
for at least three years from the date that the waste was last sent to
on-site or off-site treatment, storage, or disposal. When an inspector
sees a container or other waste management unit, that inspector has the
authority to ask the generator how it determined the regulatory status
of the waste, and the generator should be able to articulate how that
determination was made. In many instances, the inspector will also ask
to see any documentation supporting a questionable determination that a
material is not a hazardous waste in order to understand how the
generator applied process knowledge or the results of testing the waste
to support its non-hazardous waste determination.
The Agency strongly believes that documentation must be maintained
for waste determinations, not only when a solid waste is a hazardous
waste but also when a solid waste is determined by the generator to not
be a hazardous
[[Page 57943]]
waste. The primary obligation for generators is to accurately determine
whether or not a solid waste is a hazardous waste. Requiring
documentation of this determination, regardless of the outcome, is
critical in ensuring compliance with the current hazardous waste
determination regulations.
The requirement that a generator maintain records of determinations
that a solid waste is not a hazardous waste was originally discussed in
the preamble to the 1978 proposed rule for the hazardous waste
regulatory program. In fact, the Agency proposed the following at 40
CFR 250.10(d)(1)(iii): ``Generators who determine that their waste is
not hazardous shall retain copies of the evaluation performed and shall
repeat the necessary evaluation or testing when there is a significant
change in their feed material or operations which may alter the test
results.'' (43 FR 58955, December 18, 1978). In the February 26, 1980,
final rule for hazardous waste generators, however, the Agency did not
make this requirement final. Rather, the Agency simply promulgated the
provision stating that a generator must keep records of any test
results, waste analyses, or other determinations made in accordance
with Sec. 262.11 for at least three years from the date the waste was
last sent to on-site or off-site treatment, storage or disposal (45 FR
12734), which could be interpreted to mean either that a generator was
required to keep records or that a generator was not required to keep
records of solid wastes that were not hazardous wastes. (This provision
is currently located at Sec. 262.40.)
The Agency next discussed this issue in a March 29, 1990, Federal
Register notice which clarified the rules by stating that recordkeeping
for determinations that a solid waste was not a hazardous waste was not
necessary. Specifically, the preamble to this final rule stated, ``If a
waste is determined to be hazardous, the generator must keep records
establishing the basis for that determination (40 CFR 262.40(c)). These
records must be maintained for at least 3 years after the generator no
longer handles the waste in question. Neither of these recordkeeping
requirements, however, applies to solid waste generators who do not
generate hazardous wastes'' (55 FR 11829, March 29, 1990).
At the time the 1980 rules were finalized, the Agency had no
experience with their implementation and whether documentation
associated with determinations that a waste was not a hazardous waste
was necessary. The Agency now believes that the original approach was
insufficient. We now have 30 years of experience and compliance data to
support an independent requirement that, as part of their obligation to
determine whether a waste is hazardous under Sec. 262.11, generators
need to keep records and documentation of their waste determinations,
including determinations that a solid waste is not a hazardous waste.
As an example, Georgia DNR requires that, in using generator
knowledge, the determination must be valid, correct, and supported by
documentation, especially when that determination is that the waste is
not a hazardous waste or does not carry certain waste codes (contain
certain contaminants).\66\ Even in cases where state regulations do not
explicitly require documentation supporting a determination that a
solid waste is not a hazardous waste, they will seek documentation
supporting that determination when evidence suggests the material is a
hazardous waste. Should documentation not be presented, EPA and the
states will often take a sample to answer their own questions about
waste status.
---------------------------------------------------------------------------
\66\ ``10 Most Common Hazardous Waste (RCRA) Violations in
Georgia: 40 CFR 262.11 ``Hazardous Waste Determination,'' Georgia
Department of Natural Resources https://epd.georgia.gov/sites/epd.georgia.gov/files/related_files/site_page/guidehwdet.pdf.
---------------------------------------------------------------------------
The Agency does not believe requiring generators to retain
documents used to make their non-hazardous waste determinations will
pose an undue burden. In a review of 26 state waste determination
regulations as well as discussions with several state agencies, the
Agency found that 17 states already require documentation and
recordkeeping of a solid waste that is not a hazardous waste.\67\ In
EPA's discussions with states, several states mentioned that they
interpret the term ``other determinations'' at Sec. 262.40(c) to mean
determinations that a solid waste is not a hazardous waste. Further,
generators should already have this information collected as part of
their compliance with other parts of Sec. 262.11.
---------------------------------------------------------------------------
\67\ As an example, some states interpret the term ``other
determinations'' at 40 CFR 262.40(c) to mean determinations that a
solid waste is not a hazardous waste.
---------------------------------------------------------------------------
An examination of biennial report data for a small sample of LQGs
for both 2009 and 2011 reporting cycles demonstrated that the majority
of generators generate the same hazardous waste streams from year to
year. In other words, the Agency believes that, for the most part, SQGs
and LQGs will make a hazardous waste determination once and will not
need to make a new solid waste determination unless something changes
in their process, thereby reducing the need to document waste
determinations. This suggests that the burden of documenting a non-
hazardous waste determination should be relatively minimal.\68\
---------------------------------------------------------------------------
\68\ Assessment of the Potential Costs, Benefits, and Other
Impacts of the Improvements to the Hazardous Waste Generator
Regulatory Program, As Proposed, prepared for U.S. Environmental
Protection Agency by Industrial Economics, Incorporated, May 2015,
page 3-8.
---------------------------------------------------------------------------
In light of the importance of making accurate hazardous waste
determinations, and because of the high rates of non-compliance with
Sec. 262.11 among generators, the Agency is proposing to modify Sec.
262.11 to specifically require that SQGs and LQGs document and maintain
records of all determinations, including determinations that their
solid waste is not a hazardous waste. Again, the Agency is not
proposing to apply this independent requirement to CESQGs.
A key issue with this provision will be defining the scope of
applicable entities for this requirement. First, documentation will not
be required for entities that do not generate a solid waste, as defined
by Sec. 261.2, or that generate a solid waste that has been excluded
or exempted from RCRA Subtitle C controls. However, all potential
entities, with the exception of households, must determine whether they
generate a solid waste as defined by Sec. 261.2 for purposes of the
existing RCRA hazardous waste regulations. Solid wastes under Sec.
261.2 include spent materials, sludges, by-products, scrap metal, and
commercial chemical products (CCPs) that are discarded. Specifically:
Spent materials as defined in Sec. 261.1(c)(1), include
any material that has been used and as a result of contamination can no
longer serve the purpose for which it was produced without processing.
Sludge, as defined in Sec. 260.10, means any solid, semi-
solid, or liquid waste generated from a municipal, commercial, or
industrial wastewater treatment plant, water supply treatment plant, or
air pollution control facility.
A by-product, as defined in Sec. 261.1(c)(3), is a
material that is not one of the primary products of a production
process and is not solely or separately produced by the production
process. Examples are process residues such as slags or distillation
column bottoms. The term does not include a co-product that is produced
for the general public's use and is ordinarily used in the form it is
produced by the process.
[[Page 57944]]
Scrap metal, as defined in Sec. 261.1(c)(6), is bits and
pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or
metal pieces that may be combined together with bolts or soldering,
which when worn or superfluous can be recycled.
CCPs are those materials listed in Sec. 261.33 or those
CCPs which exhibit one or more of the hazardous waste characteristics.
The tern CCP includes those chemical substances which are manufactured
or formulated for commercial or manufacturing use and consist of
commercially pure grades of the chemical substance, any technical
grades of the chemical substance that are produced or marketed, and all
formulations in which the chemical substance is the sole active
ingredient. CCPs do not include or refer to wastes, such as a
manufacturing process residue, that contain any of the chemical
substances.
Where there is a potential for a discarded material to be a
hazardous waste listed under part 261 subpart D or when the material
may contain hazardous constituents that would exhibit a characteristic
of hazardous waste (i.e., ignitability, reactivity, corrosivity or
toxicity) under part 261 subpart C, these entities must make a
hazardous waste determination and document that determination,
including for those solid wastes that are not hazardous wastes.
If an entity is generating a hazardous waste (and is, therefore, a
hazardous waste generator) and if it is generating sufficient amounts
of hazardous waste in a calendar month to be considered an SQG or an
LQG, then these generators would be responsible for documenting
determinations under this proposed revision.
We would note that the existing hazardous waste regulations already
require every generator to make a waste determination and that the only
additional provision that this proposal is addressing is that they
document that waste determination, including for those wastes that are
not hazardous waste. The focus of this provision is on solid wastes
that have the potential to be hazardous wastes. Thus, for the purposes
of this proposed provision, the Agency is not interested in entities
that generate solid wastes that clearly have no potential to be
hazardous, such as food waste, restroom waste, or paper products. There
are literally hundreds of thousands of entities who generate such
wastes. In addition, lawyers and accountants, business offices,
religious organizations, governmental organizations, engineering and
architectural firms, among other sectors, are not meant to be impacted
by this provision for everyday municipal waste that does not have the
potential to be hazardous. Most elementary schools also should not be
affected by this provision unless they have laboratories that use large
amounts of hazardous chemicals where greater than 100 kilograms of non-
acute hazardous waste (or 1 kilogram of acute hazardous waste) is
discarded monthly or another source of potentially hazardous waste.
In addition, as noted previously, for the purposes of this proposed
provision, the Agency is not interested in entities that generate 100
kilograms or less of non-acute hazardous waste or 1 kilogram or less of
acute hazardous waste in a calendar month (e.g., CESQGs). The Agency
requests comment on verifying the above sectors and identifying other
industrial or non-industrial sectors where the probability is high that
generators either do not generate solid wastes that would be identified
or characterized as hazardous under RCRA, or if they do, they generate
small enough amounts to most likely qualify as a CESQG.
The Agency does not believe the cost of documenting a waste
determination, whether non-hazardous waste or hazardous waste, will be
substantial. As previously discussed, generators may use either the
results of testing their waste or process knowledge to make a hazardous
waste determination. If a generator tests its waste or hires a third
party to do so, then the written results of those tests will be the
documentation. Similarly, if generator knowledge is used to make the
waste determination, then a statement describing what the basis of that
knowledge was (e.g., information about chemical feedstocks and other
inputs to the production process and how those chemical feedstocks may
change when introduced into the production process; knowledge of
products, by-products, and intermediates produced by the manufacturing
process; chemical or physical characterization of wastes; information
on the chemical and physical properties of the chemicals used or
produced by the processor or otherwise contained in the waste; testing
that illustrates the properties of the waste; or other reliable and
relevant information about the properties of the waste or its
constituents) will most likely be sufficient.
In estimating the impact of requiring SQGs and LQGs to document
their non-hazardous waste determinations, the Agency examined the
relationship of the number of hazardous wastes generated per facility
to non-hazardous waste generated per facility and established an
approximate relationship of 60% to 40%. As part of this analysis, the
Agency also found from examining the biennial report data that 50
percent of LQGs generate from one to five hazardous waste streams
annually and that many of these generators continue to generate the
same waste streams from year to year.\69\ Therefore, for most LQGs, the
incremental cost to document their non-hazardous waste determinations
should be minimal. The Agency believes that many SQGs also generate the
same waste streams from year to year.
---------------------------------------------------------------------------
\69\ Assessment of the Potential Costs, Benefits, and Other
Impacts of the Improvements to the Hazardous Waste Generator
Regulatory Program, As Proposed, prepared for U.S. Environmental
Protection Agency by Industrial Economics, Incorporated, May 2015,
page 3-8.
---------------------------------------------------------------------------
However, from examining biennial report data, the Agency is also
aware of situations where a generator generates many different
hazardous waste streams each year. Examples include academic and
industrial laboratories, chemical manufacturers, and TSDFs. As an
example, an analysis of the 2011 Biennial Report identified 843 LQGs
reporting that they generated 41 or more hazardous waste streams. This
analysis derived an average of 17 hazardous waste streams being
generated by LQGs. EPA can infer that these entities also generate
numerous types of solid, but not hazardous, waste streams.\70\
---------------------------------------------------------------------------
\70\ A more detailed discussion of this analysis can be found in
the Regulatory Impact Analysis that accompanies this preamble and
that can be found in the docket to this rulemaking.
---------------------------------------------------------------------------
Although TSDFs and chemical manufacturers may generate many
different types of hazardous waste, many of them also have
sophisticated protocols and testing procedures in place to make a
hazardous waste determination. These processes should be sufficient to
provide the proposed documentation to verify that the solid waste is or
is not a hazardous waste. Other organizations may not and the Agency is
interested in how best to address this important subject.
The Agency believes that requiring SQGs and LQGs to document their
non-hazardous waste determinations is important to the success of RCRA
hazardous waste program in protecting human health and the environment.
Additionally, the Agency believes the proposed change will encourage
generators to develop better internal processes and improve overall
compliance with the RCRA hazardous waste regulations. At issue is how
best to implement this provision in the most cost-effective manner
possible. Therefore, the Agency seeks comment
[[Page 57945]]
on how to balance the burden of recordkeeping with the benefits from
ensuring waste is properly identified and managed.
The Agency seeks comment from those generators that generate many
new wastes each year, on ways that could be used to reduce burden while
maintaining sufficient protection. The Agency also seeks comment on
whether there are particular industrial sectors where many, if not
most, solid wastes generated could be clearly determined not to be
hazardous wastes and whether there are families of solid wastes where
it is clear that they will not be hazardous wastes and thus can be
eliminated from this provision.
Effect of the Proposed Reorganization: This section is affected by
the proposed reorganization and is located at Sec. 262.11(e) of the
proposed regulation. The proposed reorganization is discussed in
section XIII of this preamble.
7. Specifically Stating That the Hazardous Waste Determination Must Be
Accurate
Generators have an obligation to apply due diligence in making an
accurate hazardous waste determination by using either knowledge of
their processes and waste and/or testing of their waste. As discussed
above, RCRA inspectors often cite generators for ``failing to make a
waste determination'' at Sec. 262.11. By that we mean the generator
failed to accurately identify a material that could be a solid waste,
or failed to accurately make a hazardous waste determination. In both
cases, the generator's failure to make accurate solid and hazardous
waste determinations may result in adverse impacts to human health and
the environment.
As previously stated, at the core of the RCRA hazardous waste
program is the need for generators to make an accurate hazardous waste
determination. Therefore, to emphasize this point the Agency is
modifying the regulatory text at 40 CFR 262.11 to emphasize and make
clear that a generator who generates a solid waste, as defined in 40
CFR 261.2, must accurately determine if that waste is a hazardous
waste.
A 1993 FR notice states that in the case where a generator sends
waste off site for treatment, storage, or disposal, the TSDF may rely
on process knowledge supplied by the generator as a basis for the
TSDF's waste characterization (40 CFR 264.13). The notice points out
that while using process knowledge is ``seemingly attractive because of
the potential savings associated with using existing information (such
as published data), the facility must ensure that this information
accurately characterizes applicable wastes'' (58 FR 48111, September
14, 1993).
Generators often rely on a third party, such as a TSDF, to help
them make a hazardous waste determination. Whether the generator uses a
third party or not, the generator is responsible for that
determination. As such, the generator should still apply its due
diligence to ensure a solid waste is not a hazardous waste, and if a
hazardous waste, that it is characterized accurately.
Also with respect to characterizing a hazardous waste accurately, a
generator identifying all possible RCRA waste numbers (or RCRA
hazardous waste codes) on its manifest or container marking does not
satisfy the requirement to make an accurate waste determination. First,
the TSDF will not be able to treat the waste effectively or efficiently
to comply with land disposal restriction requirements because it will
not know precisely what waste it needs to treat. Second, the generator
clearly did not apply its due diligence seriously.
The Agency also realizes that generators, whether inadvertently or
intentionally, often make a hazardous waste determination when the
material is actually a non-hazardous solid waste. The intent of this
proposed change would not impact such determinations. The generator is
always free to manage its solid waste as a hazardous waste if it so
desires. However, the Agency is concerned about other related
situations, such as when a generator applied due diligence but still
made an incorrect hazardous waste determination potentially posing a
risk to the environment, or where a generator intentionally tried to
circumvent waste determination requirements.
EPA specifically requests comment on reasons why it may not be
feasible to require a generator's solid and hazardous waste
determinations to be accurate and how best the Agency can make clear
that generators are responsible for making an accurate hazardous waste
determination. EPA also requests comment regarding ways the proposed
regulatory text could be improved to better assist generators in making
more effective hazardous waste determinations.
Effect of the Proposed Reorganization: This section is not affected
by the proposed reorganization.
8. Taking Comment on Maintaining Records Until the Generator Closes
EPA is also using this notice to take comment on an additional
revision to the hazardous waste determination regulations at Sec.
262.11, but is not proposing any regulatory text for this change. The
Agency requests comment on requiring SQGs and LQGs to maintain records
of their waste determinations until the generator closes its site,
rather than for at least three years from the date that the waste was
last sent to on-site or off-site treatment, storage and disposal.
Because an inspector may not be able to inspect every SQG and LQG
within three years from when the solid or hazardous waste was first
generated, a generator may discard its waste determination records
prematurely. For practical reasons, the Agency believes a generator
will want to maintain records of its solid and hazardous waste
determinations to support and respond to any questions an inspector may
have about a particular waste determination--even if it is more than
three years from when it was first generated. Similarly, the Agency
believes generators that generate large numbers of solid and hazardous
waste streams annually will computerize their records, making it easy
to store and retrieve them when necessary. For these reasons, the
Agency does not believe requiring SQGs and LQGs to maintain records of
their active solid and hazardous waste streams should be overly
burdensome.
Finally, while the Agency is not proposing that CESQGs maintain
documentation of their non-hazardous waste determinations, the Agency
does seek comment on the economic costs and environmental benefits of
potentially requiring CESQGs to maintain documentation of their
hazardous waste determinations, including their non-hazardous waste
determinations. The Agency realizes that the total number of CESQGs is
very large--ranging from an estimated 293,000 to 463,000; however, the
Agency believes that based on the number of waste streams generated by
SQGs and LQGs that such generators should only be generating a few
solid waste streams and in many cases using their knowledge of the
process and process materials in making hazardous waste determinations.
In other words, the burden of documenting their hazardous waste
determination should not be that costly for each CESQG.
Conversely, the costs of not making an accurate hazardous waste
determination could be significant environmentally and financially to
the CESQG. For
[[Page 57946]]
example, in the case that a CESQG fails to make an accurate hazardous
waste determination, resulting in the CESQG actually being either a SQG
or LQG, hazardous wastes will likely be illegally managed. Hazardous
wastes that should have been sent to a RCRA-permitted treatment,
storage or disposal facility would instead be sent to a municipal solid
waste landfill, potentially posing future environmental problems for
that landfill and community. EPA requests comment on the potential
environmental benefits that could be achieved if the Agency were to
require that CESQGs document determinations that their solid waste is
or is not a hazardous waste.
9. Hazardous Waste Determination Electronic Decision Tool
Building upon the above discussion and the importance of making
accurate hazardous waste determinations, the Agency also seeks comment
on the feasibility of developing a user-friendly electronic hazardous
waste determination decision tool that generators could use to assist
them in making a hazardous waste determination. This electronic tool
would guide generators through a series of analytical decision-type
(Yes or No) questions to assist them in determining whether the solid
waste they have generated is also a hazardous waste subject to the
applicable RCRA hazardous waste regulations. As part of this decision
tool, generators would be able to document reasons why the solid waste
is a hazardous waste, or conversely, why the solid waste is not a
hazardous waste.
Given the large number and great variety of hazardous waste
streams, a key challenge would be to determine how best to design this
decision tool if the Agency went forward in developing it. Potential
approaches include designing the tool conceptually around the
following: (1) Industrial sectors; (2) families of industrial materials
(i.e., solvents, acids, metals, etc.); (3) broad type of hazardous
secondary material (i.e., spent material, by-product, sludge, etc.);
(4) listed hazardous waste organized by specific industrial sector or
non-specific sectors (e.g., solvents, electroplating wastes, and
characteristic hazardous waste), or (5) an eclectic approach that
combined different aspects of the approaches in (1) through (4).
This decision tool could assist generators to make the following
determinations under Sec. 262.11:
Whether the waste is excluded from regulation under Sec.
261.4 [Sec. 262.11(a)]
Whether the waste meets any of the hazardous waste listing
descriptions in part 261 subpart D [Sec. 262.11(b)]
Whether the waste exhibits one or more hazardous
characteristics of hazardous waste, as identified in part 261 subpart C
[Sec. 262.11(c)]
What are all applicable EPA hazardous waste codes for
wastes determined to be hazardous [Sec. 262.11(f)]
An electronic decision tool could also possibly provide a way for
SQGs and LQGs to maintain records supporting their waste determinations
[Sec. 262.11(e)].
Developing this decision tool would be a major investment on the
part of the Agency and could take several years to fully develop, test,
and make operational, with different components produced for use over
time. However, even when completed (assuming it was a worthwhile Agency
investment to pursue), this decision tool would never be able to
account for all the industrial sector/family of industrial materials/
type of hazardous secondary material possibilities that exist in
industry. Therefore, scoping such a decision tool to capture as much of
the most likely industrial sector/family of industrial materials/type
of hazardous secondary material possibilities would be the Agency's
goal.
Additionally, if such a decision tool were to be developed, the
generator would still be ultimately responsible for making the
hazardous waste determination, since no decision tool could ever
account for its site-specific circumstances.
Hazardous waste determination software or tools could be web-based,
off-the-shelf, or both. The software or tools could be developed by
EPA, by authorized states and tribes, by private parties, or by public
and private sector collaboration.
The Agency particularly requests comment on the feasibility of the
private sector developing electronic application software (apps). An
initial search for preexisting hazardous waste determination software
identified no relevant, privately-developed, off-the-shelf software
products to assist generators in making accurate waste determinations.
However, EPA did identify a variety of state and academic internet-
based hazardous waste determination tools and workbooks.\71\ At issue
is whether there is a market for such an app and what EPA could do to
facilitate software development. The Agency estimates the universe of
hazardous waste generators to be approximately 400,000 to 500,000, with
a large majority being conditionally-exempt small quantity generators
that generate up to 220 pounds in a calendar month.
---------------------------------------------------------------------------
\71\ See, for example, the Washington Department of Ecology
created an Excel program titled ``Designation Tool 2.0 for Excel
2007,'' to help business make accurate waste designations in the
state of Washington. https://www.ecy.wa.gov/programs/hwtr/manage_waste/des_intro.html; the Texas Commission on Environmental
Quality created an online hazardous waste determination tool, the
``Waste Designation Decision Matrix.'' https://www.tceq.texas.gov/assistance/waste-matrix/matrixenter.html, and The Connecticut
Department of Energy and Environmental Protection's RCRA Help page
provides a guide designed to help businesses and individuals figure
out which hazardous waste requirements apply and how to comply with
them. https://www.ct.gov/deep/cwp/view.asp?a=2718&q=434308&deepNav_GID=1967%20.
---------------------------------------------------------------------------
EPA is seeking comment on whether development of an electronic
hazardous waste determination decision tool is feasible and by whom.
The Agency requests comment on what circumstances would encourage the
private sector to develop such a tool or app and on what generators
would like to see in terms of components and organization that would
facilitate a generator using it.
C. SQG and LQG Re-notification (40 CFR 262.12)
1. Background
Under existing 40 CFR 262.12, SQGs and LQGs are required to notify
EPA using EPA form 8700-12 (Site ID form) in order to obtain an EPA
identification number (EPA ID). Without such identification, a
generator cannot treat, store, dispose of, or transport, its hazardous
waste. Once a generator applies for and receives an EPA ID, information
provided by the generator (e.g., name, address, contact, industrial
sector, EPA hazardous waste numbers) is entered into the state system
and/or EPA's national data system (RCRAInfo) to support program
management activities.
Subsequent to obtaining an EPA ID, there is no federal regulation
requiring LQGs or SQGs to re-notify EPA to update their site
information or confirm the information remains accurate. However, LQGs
do update their site information as part of the biennial report.
EPA believes that about half the states require annual reporting by
LQGs and some require periodic reporting by SQGs in order to determine
user fees based on the amount of hazardous waste they generate.
However, the data from these annual reports may not always be submitted
to EPA's national RCRA database. Additionally, although many LQGs
currently submit a Site ID form as part of their biennial report, this
[[Page 57947]]
independent requirement does not apply to SQGs or to entities that
initially notified as an LQG, but were an SQG during the biennial
reporting year and, thus, were not required to submit a biennial
report.
2. Problems With Outdated Information
The lack of re-notification at the federal level greatly impairs
EPA's and the states' ability to use the information for compliance
monitoring and programmatic purposes. This is because a one-time
notification provides no assurance that the information collected in
EPA's and the states' databases over time will accurately reflect which
facilities are generating hazardous waste. For example, a recent
examination of EPA's data reveals that there are thousands of SQGs who
last notified over 20 years ago.\72\ EPA is concerned that the
probability a generator that last notified prior to 1990 is still
active and still an SQG is quite small. Because of the outdated
information, it is difficult for EPA to ascertain even simple
statistics, such as the number of SQGs currently operating, let alone
information that can be reliably used for programmatic and compliance
monitoring purposes.
---------------------------------------------------------------------------
\72\ Count of SQGs by Year of Last Notification Received,
December 12, 2012. Developed from RCRAInfo data system using Form
8700-12 Site Identification Form information.
---------------------------------------------------------------------------
Because of the lack of integrity in the data, the Agency and states
must spend their limited resources to `clean up' the data every time
regulatory authorities try to use it, for example, to estimate
regulatory burden and benefits to the regulated community, offer
compliance assistance, or produce public reports on hazardous waste
generation. Furthermore, regulatory authorities may waste time and
resources monitoring compliance at entities that no longer generate
hazardous waste. This inefficient use of resources lowers the
effectiveness of regulators to monitor compliance overall and could
potentially increase the risk of environmental damage from
mismanagement of hazardous waste. In summary, the Agency and many
states have, for the most part, an outdated, incomplete, and inaccurate
understanding of the LQG and SQG universe. Consequently, over time,
this undermines the ability of EPA or the states to make effective
programmatic decisions.
3. Proposed Periodic Re-Notification
EPA is proposing to add an explicit independent requirement to the
regulations that both LQGs and SQGs re-notify EPA using the Site ID
form (EPA form 8700-12). \73\ The intent of this re-notification
provision is to provide basic information to the regulatory agencies
about who is generating and managing hazardous waste. The information
required in the Site ID form includes:
---------------------------------------------------------------------------
\73\ To the extent that other parts of the RCRA regulations
require the submittal of EPA form 8700-12, for example, used oil
generators or handlers, the proposed re-notification provision would
not impact them, unless they were also an LQG or SQG of hazardous
waste.
---------------------------------------------------------------------------
Site name, address, contact information, and EPA ID number
NAICS (North American Industry Classification System) code
Information regarding the entity's legal owner and
operator
Type of regulated waste activity (e.g., hazardous waste
generator category and whether the entity is a transporter, treater,
storer, disposer, or recycler of hazardous waste)
Universal waste activities
Used oil activities
Notification for opting into or withdrawing from managing
laboratory hazardous waste under 40 CFR part 262 subpart K
Description of hazardous waste, including a list of
applicable federal and state hazardous waste numbers
Notification of hazardous secondary material activity
managed under certain definition of solid waste exclusions.
Certification signed by the entity's legal owner,
operator, or authorized representative.
The specific information included in the notification will enable
regulatory agencies to monitor compliance adequately and to ensure
hazardous wastes are managed according to the appropriate RCRA
hazardous waste regulations. The information can be used to assist RCRA
inspectors in determining which facilities may warrant greater
oversight and provides a basis for setting enforcement priorities.
Notification information is collected in EPA's RCRAInfo database, which
is the national repository of all RCRA Subtitle C site identification
information, whether collected by a state authority or EPA. EPA
provides public access to this information through EPA's public Web
site at https://www.epa.gov/enviro/html/.
Once an initial notification (to obtain an EPA ID number) is
submitted, to re-notify, a generator need only review the previous
notification and either make changes if necessary or confirm that the
information remains accurate. Furthermore, EPA has recently made
available an electronic system for the regulated community to use to
submit Site ID forms electronically, which will further reduce burden
on generators. Facilities should check with their states regarding
whether their state will use EPA's electronic submittal process.
The proposed rule would require LQGs, having first obtained an EPA
ID number, to re-notify EPA using the Site ID form prior to March 1 of
each even-numbered year. This time frame is the same as that for the
biennial reports in 40 CFR 262.41. Adding this provision to Sec.
262.12 in the existing regulations (which is Sec. 262.18 in the
proposed reorganization in this proposed rule) reflects existing
processes by which LQGs already submit Site ID forms as part of the
biennial reporting process. EPA also believes that the requirement to
re-notify is particularly important considering generators may change
regulatory status from LQGs to SQGs and vice versa.
EPA is also proposing that SQGs, having first obtained an EPA ID
number, must re-notify EPA using the Site ID form prior to February 1
of each even-numbered year. We propose the two-year time frame to mimic
the current biennial reporting process for LQGs; however, we propose to
require that SQG re-notifications (due by February 1 of each even-
numbered year) to occur one month prior to the due date for LQG re-
notifications (due by March 1 of each even-numbered year) to help
reduce the burden on states that must process the re-notifications. We
are also taking comment on whether re-notifying every four years would
be appropriate for SQGs.
EPA also considered whether to require SQGs to re-notify on
alternate years--that is, by March 1 of each odd-numbered year, from
LQGs, in order to further reduce the burden on states. However, this
may complicate the regulations because a generator can change its
generator category year-to-year. For example, it is possible that a
generator who is an LQG during the SQG-reporting year and an SQG during
the LQG-reporting year would not have to submit any notification to
EPA. Furthermore, requiring SQG and LQG re-notifications during the
same year enables EPA to include information regarding SQGs in its
National Biennial RCRA Hazardous Waste Report.
EPA believes that requiring a set due date (i.e., February 1) will
ease implementation and compliance with the re-notification provision.
However, one alternative that the Agency seeks comment on is to allow
for `rolling' notifications, in that generators could re-notify at any
time of the year as long as they re-notified within two years of the
date of their last notification. EPA understands that this alternative
may further reduce burden on the states that would process the re-
notifications, in
[[Page 57948]]
that the state would receive the notifications throughout the year
rather than all at once; however, it may also complicate compliance by
the regulated community, as well as compliance monitoring by the states
and EPA, as each LQG and SQG would have a unique `due date' that must
be individually tracked.
Another alternative to requiring periodic notification (e.g., every
two years) that the Agency seeks comment on would be for EPA to require
an SQG or LQG to re-notify only in the event of a change to certain
information, such as (1) change in ownership and (2) change in
generator category.\74\ The Agency believes that updating this specific
information is particularly important because:
---------------------------------------------------------------------------
\74\ EPA is also proposing a notification requirement for (1)
generators undergoing closure (section VIII.G.); (2) LQGs that
receive hazardous waste from CESQGs (section VII.C) and (3) episodic
generators (section IX), which are discussed in other parts of this
preamble.
---------------------------------------------------------------------------
Re-notifying when a generator has a change of ownership is
important so that EPA and the states understand who is legally
responsible for managing the generated hazardous waste.
Re-notifying due to a change in generator category
provides EPA and the state with information regarding what regulations
apply to the generator and thus assist with compliance assistance and
monitoring activities.
EPA notes that, because an EPA ID number is specific to a site
location, a change in site address for an entity already requires the
entity to apply for a new EPA ID number using the Site ID form.
In this case, EPA would require re-notification within 30 days of
when the change occurred. Re-notification in the event of change to
these two items may further reduce burden on LQGs and SQGs, because EPA
assumes that these changes would happen fairly infrequently. However,
EPA also notes that although LQGs and SQGs would only have to re-notify
in the event of a change in its ownership or generator category, re-
notification would require a complete submittal of all information
included in the Site ID form. EPA understands that this alternative may
also increase the complexity of implementing the regulation because it
would be difficult for regulatory authorities to ensure that re-
notifications were received according to the regulations. For example,
if a facility last notified ten years ago, it would be difficult for
EPA and the states to ascertain whether the generator has failed to re-
notify in compliance with the regulations or that the generator's
information simply hasn't changed since its last notification.
Additionally, EPA notes that re-notification based on a change does not
result in data that is as reliable as data provided in periodic re-
notifications because it provides no information on generators that
have stopped operations.
4. Request for Comment
EPA requests comment on its proposed change to require re-
notification for SQGs and LQGs, including information regarding the
benefits and burden of such a provision. EPA also requests comment on
whether such re-notification should be every two years or one of the
other alternatives discussed above. Finally, EPA requests comment on
any other alternatives for an independent re-notification requirement,
including suggestions that would reduce the burden on states that must
process re-notifications.
Effect of the Proposed Reorganization: This section is affected by
the proposed reorganization. EPA is proposing to move Sec. 262.12 (EPA
identification numbers) to Sec. 262.18 and is proposing to revise the
title of the section to read ``EPA identification numbers and re-
notification for large quantity generators and small quantity
generators.''
D. Determining Generator Category (Proposed New Section 262.13)
EPA is proposing a new section Sec. 262.13, which would describe
how a generator determines which generator category it would be subject
to. Proposed Sec. 262.13 discusses the framework for making a
generator determination in paragraph (a) and stresses that the
calculation is made monthly and that the generator category can change
from month to month. The proposed regulatory text would state that a
generator's category is determined each month by the amount of
hazardous waste it generates and may change from month to month. The
regulation sets forth procedures to determine whether a generator is a
very small quantity generator, a small quantity generator, or a large
quantity generator for a particular month, as defined in Sec. 260.10.
The discussion in Sec. 262.13(a) is not a new requirement for
generators, but these steps are not currently laid out in the
regulations in as succinct a manner. EPA believes that the addition of
the definitions of generator categories to Sec. 260.10 and this
paragraph on how to make a generator category determination should
provide specific instructions on this matter for the regulated
community and thereby improve compliance with the generator
regulations.
Proposed paragraph (b) of Sec. 262.13 would specifically address
the situation in which a generator generates any combination of non-
acute hazardous waste, acute hazardous waste, and the residues from the
cleanup of a spill of acute hazardous waste. This paragraph presents a
series of steps for a generator to follow when determining its
generator category to ensure that it selects the appropriate category
for the total amount and types of hazardous waste generated.
Proposed Sec. Sec. 262.13(c) and (d) are existing provisions that
we are proposing to move from Sec. Sec. 261.5(c) and (d) of the
existing regulations with a few small wording changes to reinforce that
category determinations are made monthly and do not otherwise represent
a change in the generator regulations.
EPA is requesting comment on the proposal to add this description
of how a generator is to determine its generator category to the
regulations.
Effect of the Proposed Reorganization: This section is partially
affected by the proposed reorganization. Some of the language proposed
for Sec. 262.13 on what materials to count when determining generator
category are moved from existing Sec. 261.5, but much of this proposed
regulation is new text.
E. Requiring Hazardous Waste Numbers When Marking of Containers Prior
to Shipping Hazardous Waste Off Site to a Designated RCRA Facility (40
CFR 262.32)
The Agency is proposing to modify 40 CFR 262.32 to require SQGs and
LQGs to mark their containers with the applicable EPA hazardous waste
number (RCRA hazardous waste code) prior to transporting their
hazardous waste off site to a designated RCRA facility for subsequent
management. EPA is proposing this revision so that TSDFs can readily
identify the contents of hazardous waste containers they are receiving
from generators and effectively treat the wastes to meet land disposal
restriction requirements (LDRs). As described elsewhere in this
proposal, the Agency is proposing revisions to the marking and labeling
of containers and other waste accumulation units in order for
employees, inspectors, emergency responders, and waste handlers to
better understand the potential hazards associated with the contents of
hazardous waste contained in a unit.
This proposed provision should not increase burden on generators as
it reaffirms commonly used waste management practices. Most generators,
or their designated waste handlers, already mark their containers with
the
[[Page 57949]]
applicable EPA hazardous waste numbers prior to transporting their
hazardous waste off site. In fact, requiring that applicable EPA
hazardous waste numbers be marked on containers decreases overall
burden because it avoids the need for a TSDF to identify the hazardous
waste or send it back to the generator for proper identification.
The Agency requests comment on this proposed change.
Effect of the Proposed Reorganization: This section is not affected
by the proposed reorganization.
F. Modifications to Management of Containers, Tanks, Drip Pads, and
Containment Buildings (40 CFR 262.34(a)(2) and(3) and 40 CFR
262.34(a)(1))
The existing regulations for LQGs that address the conditions for
exemption related to marking and labeling are at Sec. 262.34(a)(2) and
(3) for containers and at Sec. 262.34(a)(3) for tanks. The marking and
labeling condition for SQGs who accumulate hazardous waste in both
tanks and containers are at Sec. 262.34(d)(4), which references Sec.
262.34 (a)(2) and (3). For practical reasons, there are no requirements
to mark drip pads or containment buildings that accumulate hazardous
waste other than requiring that documentation must exist that describes
the procedures to ensure that each waste volume remains in the unit for
no more than 90 days.
EPA is proposing to modify Sec. 262.34(a)(2) to strengthen the
marking and labeling conditions for exemption for containers and to
modify Sec. 262.34(a)(3) to strengthen and consolidate the marking and
labeling conditions for exemption for hazardous waste tanks, drip pads,
and containment buildings by LQGs. The Agency is also proposing to
modify Sec. 262.34(d) to strengthen the marking and labeling
conditions of containers, tanks, drip pads, and containment buildings
by SQGs.
The proposed changes are consistent with the applicable discussion
of marking and labeling of containers in SAAs in section VIII.I. Where
differences may occur is when the container may be shipped off-site as
opposed to when the contents of the container are managed on-site, or
temporarily managed on-site (e.g., when the container is moved from the
SAA to a central accumulation area and then shipped off-site to a
TSDF).
1. Container Marking and Labeling for LQGs and SQGs (40 CFR
262.34(a)(3))
Currently, Sec. 262.34(a)(3) requires each container and tank to
be labeled or marked clearly with the words, ``Hazardous Waste.''
However, while the words ``Hazardous Waste'' on containers and tanks
provide some measure of information regarding the contents of these
units, this information fails to describe the specific hazards of the
contents and what risk these wastes could pose to human health and the
environment. EPA believes it is important that employees, transporters,
downstream handlers, emergency personnel, and EPA and state inspectors
know as much as possible about the potential hazards of the contents in
containers being accumulated, transported, and managed, whether on-site
and/or off-site, so that the hazardous wastes are managed in an
environmentally sound manner.
The Agency is proposing two modifications that would strengthen the
labeling and marking conditions for LQGs and SQGs accumulating
hazardous waste in containers. These changes are similar to those
proposed for containers stored in satellite accumulation areas (see
section VIII.I.) First, the Agency is proposing that SQGs and LQGs
accumulating hazardous waste in containers mark their containers with
both the words ``Hazardous Waste'' and other words that identify the
contents of the containers that a third party, such as an emergency
responder, co-worker unfamiliar with the material, or even the general
public may recognize. Although the words ``Hazardous Waste'' are
important to convey that the container contains a waste, as opposed to
a product, and that a hazardous waste determination has been made for
the contents, it does not convey more practical information regarding
the contents of the container. Examples of other words that identify
the contents of the container may include, but are not limited to the
name of the chemical(s), such as ``acetone'' or ``methylene
dichloride''; or the type or class of chemical, such as ``organic
solvents'' or ``halogenated organic solvents.'' Another option for
complying with this provision is to use the proper shipping name and
technical name markings used to comply with DOT requirements at 49 CFR
part 172 subpart D. The Agency does not consider chemical formulas,
such as CH2Cl2 for methylene dichloride, to be
``words that identify the contents of the container'' since chemical
formulas may not be widely known among emergency responders, workers,
and hazardous waste handlers other than chemists.
If the hazardous waste will subsequently be sent off-site for
treatment and disposal, an SQG or LQG may choose to use an appropriate
DOT proper shipping name found on the hazardous materials table at 49
CFR 172.101 to identify the contents of the container while it is
accumulating on-site. That way, the generator will fulfill EPA and DOT
requirements simultaneously; however, EPA is not proposing to require
the use of the DOT shipping names while the hazardous waste is
accumulating on-site. We only suggest that the DOT shipping name may be
one way that some generators may choose to identify the contents of the
container.
EPA also believes use of the DOT marking requirement should be
sufficient in many situations involving DOT Class 9 hazardous materials
that are also hazardous waste, with the DOT shipping name ending in
N.O.S. (not otherwise specified). As noted at 49 CFR 172.301 (b),
generators using a DOT shipping name ending in N.O.S. must also provide
the technical name of the hazardous material in association with the
proper shipping name. However, the Agency is requesting comment on
examples of when the DOT shipping name would not meet EPA's intent of
``identifying the contents of the container'' and suggestions for
addressing this situation. EPA notes that additional pre-transport
requirements, other than the DOT shipping name, apply when shipping
hazardous waste off-site. We are not proposing to change EPA's existing
requirements for pre-transport requirements that are currently found in
Sec. Sec. 262.30 through 262.33. Similarly, for packages subject to 49
CFR, the generator or shipper/carrier should be familiar with and aware
of the marking requirements at 49 CFR 172.304 and prohibited labeling
and label visibility requirements at 49 CFR 172.401 and 172.406,
respectively.
The second modification we are proposing for labeling containers in
central accumulation areas is to add a provision that SQGs and LQGs
mark and label their containers with an indication of the hazards of
the contents of the containers. SQGs and LQGs will have flexibility in
how to comply with this new provision. That is, generators can indicate
the hazards of the contents of the container using any of several
established methods, including, but not limited to an EPA hazardous
waste characteristic(s) (ignitable, corrosive, reactive or toxic); a
hazard class label consistent with the DOT requirements at 49 CFR part
172 subpart E (labeling); a label consistent with the OSHA Hazard
Communication Standard at 29 CFR 1920.1200; a chemical hazard label
consistent with NFPA code 704; or a hazard pictogram consistent with
the
[[Page 57950]]
United Nations' Global Harmonized System (GHS). Generators also may use
any other marking or labeling commonly used nationwide in commerce that
would alert workers and emergency responders to the nature of the
hazards associated with the contents of the containers.
EPA believes that placing both the appropriate label and marking on
containers during hazardous waste accumulation will enable persons who
may come in contact with it to be aware of the hazardous contents of
the container with little or no additional cost to generators. In many
instances, this proposed condition will already have been satisfied if
the generator elects to move a container accumulating hazardous waste
in a satellite accumulation area to a central accumulation area.
In summary, EPA is proposing to modify Sec. 262.34(a)(3) and
require LQGs and SQGs to mark containers with the following: (1) the
words ``Hazardous Waste,'' (2) other words that identify the contents
of the containers, and (3) an indication of the hazards of the
container's contents. We are not proposing to change Sec.
262.34(a)(2), which requires LQGs and SQGs to mark clearly and visibly
the date accumulation began on each container and make that marking
visible for inspection.
The Agency requests comment on the proposed changes for container
marking and labeling for LQGs and SQGs.
Effect of the Proposed Reorganization: This section is affected by
the proposed reorganization in that the labeling and marking
regulations would be moved from Sec. 262.34 to Sec. 262.16(b)(6) (for
SQGs) and to Sec. 262.17(a)(5) (for LQGs). The reorganization is
discussed in section XIII of this preamble.
2. Tank Marking and Labeling for LQGs and SQGs (40 CFR 262.34(a)(3))
The Agency is proposing to modify the regulations at Sec.
262.34(a)(3) to require LQGs and SQGs to use inventory logs, monitoring
equipment, or records indicating the date the hazardous waste first
entered the tank in order to support a generator's determination that
it has not exceeded its 90 day accumulation time limit, or in the case
of an SQG, its 180-day time limitation. Exceeding the 90- or 180-day
time limitation for LQGs and SQGs, respectively, would be a violation
of a condition for an exemption from permitting requirements. Records
from tank level sensors also may be used which could be either
automatically logged from the sensors to a computer record, or recorded
as part of a tank's operational daily inspection (see 40 CFR 265.195).
Generators may also use any other methods that clearly demonstrate the
date hazardous waste first entered the tank and show that the hazardous
waste was subsequently emptied within 90 days of the date it first
entered that tank, or 180 days in the case of an SQG (unless the
hazardous waste must travel greater than 200 miles to a TSDF in which
case 270 days is allowed). The generator must also use inventory logs
to identify the hazardous waste contents and hazards of the tank.
With respect to the accumulation start date, in the preamble to the
promulgation of the SQG regulations (51 FR 10160, March 24, 1986), EPA
stated that Sec. 262.34 contains the conditions for exemption for
generators that accumulate hazardous waste on site. Under Sec.
262.34(a), an LQG may accumulate hazardous waste on site in tanks or
containers in any quantity for up to 90 days (and up to 180 days for a
SQG unless the hazardous waste must travel greater than 200 miles to a
TSDF in which case 270 days is allowed) without the need to have
interim status or obtain a storage permit under RCRA, provided the
generator complies with the conditions of Sec. 262.34, which include
marking the date upon which the period of accumulation begins. While
the preamble mentions marking tanks and containers, the final
regulation at Sec. 262.34(a)(2) requires generators to mark the date
upon which each period of accumulation begins only on containers.
As part of EPA's Hazardous Waste Technical Corrections and
Clarifications Direct Final Rule (75 FR 12989, March 18, 2010), the
Agency sought to correct this oversight by including what it thought to
be the appropriate clarifying language. The proposed regulatory
language required generators to mark the date upon which each period of
accumulation begins on each container and tank, which would bring the
regulation in line with the preamble to the 1986 rule. However, EPA
received numerous adverse comments regarding this change and as a
result withdrew that proposed change. The comments stated, among other
things, that, unlike containers, the Agency failed to realize that
generators do not actually mark their tanks with the date upon which
each period of accumulation begins because the tank is often a fixture
that is used and emptied repeatedly. Commenters argued that marking
tanks would cause confusion since there would be numerous markings all
over the tank making it difficult for the generator and inspector to
identify when the last period of accumulation began or could cause an
extra effort of removing the old marking before applying a new one.
At least one commenter also cited an EPA letter clarifying Sec.
262.34(a)(l)(ii) in connection with the turnover of hazardous waste
stored in generator accumulation tanks.\75\ In that letter, EPA stated
that ``LQGs utilizing a batch process must meet the requirements of
Sec. 262.34(a)(l)(ii). For example, the use of inventory records in
conjunction with tank markings may provide confirmation that the tank
has been emptied within an appropriate time period. Specifically, the
inventory records typically show the dates and quantity of hazardous
waste entering the tank, as well as the dates the tank was emptied.
Shipping or hazardous waste manifest records also may be used to verify
when the tank was emptied. Likewise, tanks accumulating hazardous
wastes may have information indicating the time and date hazardous
waste first entered the tank.'' The Agency went on to say that there
may be other methods to demonstrate that a tank has been emptied, but
any method used to confirm compliance with Sec. 262.34(a)(l)(ii) must
be reasonable and easily discernible to EPA or an authorized state.
---------------------------------------------------------------------------
\75\ Letter from Matt Hale, Director of EPA's Office of Solid
Waste to John Hopewell, National Paint and Coatings Association,
February 16, 2007, RCRA Online 14764.
---------------------------------------------------------------------------
Later in this letter, EPA stated that LQGs accumulating hazardous
wastes through a continuous flow process must ``demonstrate that the
hazardous waste has not been stored for more than 90 days . . . For
example, a generator could confirm that the volume of a tank has been
emptied every 90 days by recording the results of monitoring equipment
both entering and leaving a tank. This recordkeeping, in conjunction
with the tank volume, would enable inspectors, as well as [site]
personnel, to demonstrate compliance with Sec. 262.34(a)(l)(ii).
Likewise, in marking the tank, a generator could mark both the tank
volume and estimated daily throughput to allow inspectors to determine
the number of days that hazardous wastes resides in a tank to determine
compliance with Sec. 262.34(a)(l)(ii). As noted above, there may be
other methods to demonstrate that the tank has been emptied, but any
method or demonstration to confirm compliance must be reasonable and
easily discernible to EPA or an authorized state.''
Subsequent to withdrawing the provision at Sec. 262.34(a)(2) as
part of
[[Page 57951]]
EPA's Hazardous Waste Technical Corrections and Clarifications Direct
Final Rule due to adverse comment, EPA also confirmed with state
officials that current operating practices do not include generators
physically marking their tanks. Instead, generators are able to use
inventory logs, monitoring equipment, or other methods to demonstrate
that a tank has been emptied within 90 days of the date hazardous waste
first entered the tank.
Therefore, with respect to the accumulation start date for tanks,
EPA is proposing that generators may use inventory logs, monitoring
equipment or records indicating the date the hazardous waste first
entered the tank, as long as this information is immediately accessible
for inspection. Records from tank level sensors also may be used that
are either automatically logged from the sensors to a computer record
or recorded as part of a tank's operational daily inspection (required
by 40 CFR 265.195). Generators may also use any other methods that
clearly demonstrate the date hazardous waste first entered the tank and
was subsequently emptied within 90 days of the date hazardous waste
first entered that tank.
The same issue potentially applies to a generator physically
marking and labeling the contents of the tank and its associated
hazards. If the contents and associated hazards frequently change, then
physically marking the tank could result in numerous markings and
labels on the tank, making it difficult for employees and others to
identify its contents. Therefore, following the same logic, the Agency
is proposing that generators use inventory logs or records to identify
the contents of the tank and its associated hazards. The Agency is also
proposing that such tank logs be immediately accessible by the
generator should the need arise.
The Agency requests comment on the feasibility and effectiveness of
using inventory logs or records to identify the contents and hazards of
a hazardous waste tank. The Agency also requests comment on alternative
methods of identifying the contents and hazards of a hazardous waste
tank in a more cost-effective manner.
Consistent with the existing regulations for tanks at Sec.
262.34(a)(3), the Agency will continue to require that hazardous waste
tanks be labeled with the words ``Hazardous Waste.''
Effect of the Proposed Reorganization: This section is affected by
the proposed reorganization. The labeling and marking regulations would
be moved from Sec. 262.34 to Sec. 262.16(b)(6) (for SQGs) and to
Sec. 262.17(a)(5) (for LQGs). The reorganization is discussed in
section XIII of this preamble.
3. Drip Pad and Containment Building Marking and Labeling for LQGs and
SQGs (40 CFR 262.34(a)(3)) \76\
---------------------------------------------------------------------------
\76\ Note: Under a separate provision discussed in section
VIII.J, the Agency is proposing to allow hazardous waste to be
accumulated by SQGs in drip pads and containment buildings.
---------------------------------------------------------------------------
The existing regulations for drip pads at Sec. 262.34(1)(iii)(A)
and (B) require generators to produce a description of the procedures
that will be followed to ensure that all wastes are removed from the
drip pad and associated collection system at least every 90 days, and
to produce documentation of each waste removal, including the quantity
of waste removed from the drip pad and the sump or collection system
and the date and time of removal. Likewise, the existing regulations
for containment buildings at Sec. 262.34(1)(iv)(A) and (B) require the
generator to produce a written description of the procedures to ensure
that each waste volume remains in the containment building for no more
than 90 days, a written description of the waste generation and
management practices for the facility showing that they are consistent
with respect to the 90-day limit, and documentation that the procedures
are complied with. However, in both instances, the existing regulation
explicitly fails to account for when the hazardous waste is first
placed in or on the unit, which raises questions as to how a generator
documents that it has met the 90-day limit.
Therefore, to address this shortcoming, and because the risks for
accumulating hazardous wastes on drip pads and containment buildings
are similar to those accumulating in tanks, and for purposes of
consistency and uniformity with the marking and labeling provisions for
tanks, the Agency is proposing the same marking and labeling regulatory
framework for hazardous wastes accumulated on drip pads and in
containment buildings that it is proposing for tanks.
Specifically, the Agency is proposing that hazardous waste
accumulated on drip pads and in containment buildings be labeled in a
conspicuous place near these units with the words ``Hazardous Waste.''
The Agency is also proposing to revise the existing marking regulations
and clarify that LQGs and SQGs document the date that the hazardous
waste was first placed on the drip pad and the sump or collection
system in order to verify that the removal or turnover of the hazardous
wastes on the drip pad took place within 90 days or less in order to
support a generator's determination that it has not exceeded its 90-day
accumulation time limitation. Exceeding the 90-day time limitation for
LQGs and SQGs, respectively would be a violation of a condition for an
exemption from permitting requirements. Note that this is also
important because, as described in section VIII.J below, SQGs may move
their wastes from one type of unit to another (e.g., drip pad to
containers), and without knowing the start and end dates, the generator
will not be able to confirm that it met the appropriate accumulation
time limitations.
Consistent with current drip pad regulations in 40 CFR
262.34(a)(1)(iii)(A) and (B), these provisions will continue to include
a description of the procedures to be followed by both SQGs and LQGs to
ensure that all wastes are removed from the drip pad and associated
collection system at least once every 90 days as well as documentation
of each waste removal.
Finally, the Agency is proposing that generators use inventory logs
or records to identify the contents of the drip pad and its associated
hazards and that such logs and records be immediately accessible. The
Agency believes that these requirements are necessary to ensure that
workers and emergency responders handling or coming in contact with the
waste understand the hazards and dangers that they may be exposed to.
In addition, as with the proposed changes for hazardous wastes
accumulated in tanks and on drip pads, the Agency is proposing to
clarify that LQGs and SQGs may use inventory logs, monitoring
equipment, or any other effective means to document the date the
hazardous waste was first placed in the containment building and the
date when the hazardous waste was removed to verify that the waste was
accumulated no more than 90 days at any one time.
Consistent with the existing regulation at Sec.
262.34(a)(1)(iv)(A) and (B) for containment buildings, the proposed
regulation for both LQGs and SQGs will state that the generator must
maintain the following records and that they can do so by using
inventory logs, records from monitoring equipment, or any other
effective means:
(1) A professional engineer certification that the building
complies with the design standards specified in 40 CFR 265.1101 in the
facility's operating record prior to operation of the unit; and
(2) A written description of procedures to ensure that each waste
volume remains in the unit for no more
[[Page 57952]]
than 90 days by identifying the date hazardous waste first started to
be accumulated, a written description of the waste generation and
management practices for the site showing that they are consistent with
respecting the 90 day limit, and documentation that the procedures are
complied with; or
(3) Documentation that the unit is emptied at least once every 90
days.
Finally, the Agency is proposing that generators use inventory logs
or records to identify the contents of the containment building and its
associated hazards and that such logs and records be immediately
accessible. As with the proposed changes to the marking and labeling of
drip pads, the Agency believes that these requirements are necessary to
ensure that workers and emergency responders handling or coming in
contact with the waste understand the hazards and dangers that they may
be exposed to.
As with the proposed changes to the tank marking and labeling
regulations at Sec. 262.34(a)(3), the Agency requests comment on the
necessity and effectiveness of explicitly requiring generators to use
inventory logs or records to identify the contents and hazards of
hazardous waste accumulated on a drip pad or in a containment building.
The Agency also requests comment on alternative methods of identifying
the contents and hazards of a hazardous waste on a drip pad or in a
containment building in a more cost-effective manner. Lastly, the
Agency requests comment on how a generator can more effectively mark or
label a drip pad or containment building with the words ``Hazardous
Waste.''
Effect of the Proposed Reorganization: This section is affected by
the proposed reorganization. The labeling and marking regulations would
be moved from Sec. 262.34 to Sec. 262.16(b)(6) (for SQGs) and Sec.
262.17(a)(5) (for LQGs). The reorganization is discussed in section
XIII of this preamble.
4. Request for Comment on Documentation of Waste Accumulation Unit
Inspections
a. Container inspections at Sec. Sec. 262.34. The Agency is
requesting comment in this proposal on requiring both LQGs and SQGs, as
a condition for exemption to record the results of their required ``at
least weekly'' inspections to emphasize the importance of these
inspections in preventing releases into the environment and to provide
a measure of accountability that a generator inspection of its
containers actually took place.
As part of the proposed reorganization to make the generator
regulations more user-friendly, the Agency is proposing to incorporate
parts of the existing regulatory text at Sec. 265.174 (Container
Inspections) into Sec. 262.34 (Sec. 262.16(b)(2) for SQGs and Sec.
262.17(a)(1) for LQGs under the proposed reorganization) and to revise
these paragraphs to incorporate the existing regulatory text at Sec.
265.171 for remedial action that is required if deterioration or leaks
are detected.
The requirement for container inspections at Sec. 265.174 states
that the owner or operator must inspect areas where containers are
stored at least weekly and that the owner or operator must look for
leaking containers and for deterioration of containers caused by
corrosion or other factors.
Currently, neither SQGs nor LQGs are required to record the results
of their weekly inspections. As a result, EPA and some states have no
reliable way to verify that such inspections took place unless, by the
rare chance, an inspector is inspecting a generator site at the same
time that the ``at least weekly'' inspection occurs or an inspector
notices a release from a container during an inspection. This problem
is compounded by the fact that generators accumulating hazardous wastes
in containers are not required to have any type of secondary
containment for their containers. Therefore, should a release occur,
these problems could be compounded if the ``at least weekly''
inspection fails to occur.
A review of state programs found that many states already require
generators accumulating hazardous waste in containers to maintain
records of their weekly inspections. Many of these states provide
templates for generators to use to assist them in recording the results
of their inspections.\77\
---------------------------------------------------------------------------
\77\ See Sample of States With Container Documentation
Requirements in the docket for this rulemaking.
---------------------------------------------------------------------------
EPA does not believe the burden imposed upon generators to record
the results of its weekly inspections would be significant,
particularly if generators use a template of some type to document the
results of inspections (see examples of templates provided by states to
generators to assist them in recording the results of inspections in
the docket to this proposal).
The Agency also believes that best management practices for
generators would already include documenting the results of their
weekly inspections to not only prevent any releases, but also identify
situations, such as a damaged container, that could lead to a potential
release to the environment. That is, the Agency believes that the
incremental cost of documenting the results of weekly inspections would
be less than the costs of having to clean up after a release.
The Agency is also seeking comment on modifying the generator
accumulation conditions (the proposed language at Sec. Sec.
262.16(b)(2)(iv) and 262.17(a)(1)(v) under the reorganization) to add a
provision that generators document their weekly inspections of
containers in central accumulation areas and keep the log of the
inspections at the site for at least three years. The record of each
inspection would document the following: the visual inspection of
containers to identify any hazardous wastes accumulated in rusting,
bulging, or leaking containers; a description of any discrepancies or
problem areas encountered in the inspection and corrective actions
taken; and the signature or initials of the inspector and the date of
the inspection.
In requesting comment on documenting the results of ``at least
weekly'' container inspections, the Agency is interested in the
environmental and economic impacts of requiring all generators
accumulating hazardous waste in containers to document weekly container
inspection, as a condition for exemption. Additionally, the Agency
requests comment on whether to require documentation of such
inspections if the generator has a secondary containment system to
control leaks in the event of a release of hazardous wastes or other
such incidents. The Agency also requests comment on whether this
documentation requirement should be limited to those generators that
accumulate a certain amount of hazardous waste at any one time or
generators that accumulate more than a certain number of containers in
a central accumulation area at any one time. Lastly, the Agency also
seeks comment from generators in states who already must maintain
records of their container inspections on their experience with this
provision and whether there are effective alternative options worth
considering that achieve the same goals.
b. Tank inspections for SQGs at Sec. 262.34(d)(3) with cross-
reference to Sec. Sec. 265.201(c) and (d). The Agency also requests
comment on requiring small quantity generators accumulating hazardous
waste in tank systems to document the results of their tank inspections
in order to emphasize the importance of these inspections in preventing
releases into the environment and to provide a measure of
accountability that a generator inspection of its tanks actually took
place. Unlike LQGs accumulating
[[Page 57953]]
hazardous wastes in tanks, who must document the results of their
inspections, SQGs have no such provision in part 262. EPA proposes to
incorporate the regulatory text of Sec. 265.201(c) and (d) into Sec.
262.16.
The regulations at Sec. 265.201(c)(1) through (5) state that SQGs
must inspect discharge equipment, data from monitoring equipment, and
levels of waste in a tank daily, unless the tanks have secondary
containment and leak detection equipment or procedures, in which case
these can be inspected at least weekly. In addition, SQGs must inspect
the construction of tanks and of discharge confinement structures like
dikes and the areas immediately surrounding them at least weekly.
Section 265.201(d) also requires that SQGs with full tank secondary
containment to document in the facility's operating record when an
alternative inspection schedule is used. However, neither Sec.
265.201(c) nor (d) contains a requirement to document the results of
any inspection findings. Therefore, the Agency requests comment on
adding a paragraph to Sec. 262.16 that would require that generators
record in a log the daily and weekly results of inspecting their tanks
and maintain a record of those inspections on site for at least three
years.
Similarly, the Agency requests comment on adding a similar
provision to Sec. 262.16 to address tanks with secondary containment
and leak detection systems or practices to ensure that leaks that are
identified, that the generator would be required to record in a log the
results of inspecting these areas, including any leakage that may occur
and maintain a record of those inspections on site for at least three
years.
In commenting on this matter, please consider, in particular,
whether it is environmentally and economically worthwhile to require
SQGs accumulating hazardous waste in tanks to document the results of
daily and weekly tank inspections. The Agency also requests comment on
whether to require the documentation of such inspections if the SQG has
a secondary containment system to control leaks in the event of the
release of hazardous wastes. Additionally, the Agency requests comment
on whether this documentation requirement should be limited to those
generators that accumulate a certain amount of hazardous waste at any
one time or generators that accumulate hazardous waste in more than a
certain number of tanks in a central accumulation area. Lastly, the
Agency also seeks comment from SQGs in states who already must maintain
records of their tank inspections on their experience with this
requirement and whether there are effective alternative options worth
considering that achieve the same goal.
c. Drip pad inspections for both SQGs and LQGs at Sec. 262.34. The
Agency also requests comment on requiring both LQGs and SQGs
accumulating hazardous waste on drip pads to document the results of
their drip pad inspections. The current regulation in Sec.
262.34(a)(1)(iii) references subpart W of part 265. Section 265.444 in
subpart W currently requires that after installation, liners and covers
must be inspected to ensure tight seams and joints and the absence of
tears, punctures, or blisters and that while a drip pad is in
operation, it must be inspected weekly and after storms to detect
evidence of various types of damage to the drip pad or the systems that
prevent and detect run-off and leakage.
As with hazardous waste accumulated in containers by LQGs and SQGs
and hazardous waste accumulated in tank systems by SQGs, there is no
regulation requiring them to document the results of drip pad
inspections. Therefore, the Agency requests comment on modifying the
generator accumulation conditions (Sec. Sec. 262.16(b)(4) and
262.17(a)(3) in the proposed reorganization) to add a condition that
the generator record in a log the results of weekly inspections and
inspections after storms and that the records address deterioration,
malfunctions or improper operation of run-on and run-off control
systems; the presence of leakage in and proper functioning of leakage
detection systems; and deterioration or cracking of the drip pad
surface. The generator would be required to keep a record of the
inspections on site for at least three years from the date of the last
inspection.
In commenting, please consider whether it is environmentally and
economically worthwhile to require SQGs accumulating hazardous waste on
drip pads to document the results of weekly drip pad inspections.
Additionally, the Agency requests comment on whether this documentation
requirement should be limited to those generators that accumulate a
certain amount of hazardous waste at any one time. The Agency also
seeks comment from SQGs and LQGs in states who already must maintain
records of their drip pad inspections on their experience with this
provision, including whether it makes environmental and economic sense
to ensure releases do not occur and whether there are effective
alternative options that achieve the same goals.
G. Generator Closure Regulations
EPA is proposing three changes to the closure conditions for
exemption from permitting for LQGs in Sec. 262.34(a)(1)(iv)(B). First,
EPA is proposing to consolidate the closure regulations for LQGs
accumulating hazardous waste at Sec. 262.17(a)(8). This consolidation
would include both the general performance requirements found at
Sec. Sec. 265.111 and 265.114 for containers, tanks, drip pads, and
containment buildings, and the unit specific requirements found at
Sec. 265.197 for tanks, Sec. 265.445 for drip pads, and Sec.
265.1102 for containment buildings.
Second, EPA is proposing to strengthen the closure regulations for
LQGs accumulating hazardous waste in containers in central accumulation
areas that plan to stop hazardous waste accumulation in those
containers by requiring them to meet the same type of closure
regulations that apply for tanks, drip pads and containment buildings,
including in those situations where a generator is not able to
demonstrate that its contaminated soils can be practicably removed or
decontaminated.
Third, EPA is proposing to require an LQG to notify EPA or the
authorized state using EPA form 8700-12 at least 30 days prior to
closing the generator's site or when the generator closes a unit
accumulating hazardous waste. Additionally, EPA is proposing that an
LQG notify EPA or their authorized state within 90 days after closing
the site or the unit accumulating the hazardous waste. This
notification would state that the LQG has clean closed or failed to
clean close and therefore must close as a landfill.
1. Consolidation of Closure Regulations for LQGs in Part 262
EPA is proposing to consolidate all of the closure regulations for
LQGs accumulating hazardous waste in tanks, drip pads, and containment
buildings in the generator accumulation conditions (Sec. 262.17(a)(8)
under the proposed reorganization). EPA believes that the current
structure of these regulations can be confusing and difficult to
follow.
Currently, the closure regulations for LQGs are found at Sec.
262.34(a)(1). These regulations refer to the general performance
requirements for closure at Sec. Sec. 265.111 and 265.114. Section
265.111 references the unit specific closure regulations found at
subpart J of part 265 (for tanks), subpart W of part 265 (for drip
pads) and subpart DD of part 265 (for containment buildings). The
[[Page 57954]]
closure regulations for LQGs refer to the TSDF regulations because the
waste accumulation units at LQGs (tanks, drip pads, and containment
buildings) are similar to those at TSDFs and, thus, present the same
potential for adverse impacts to human health and the environment if
closure is not conducted properly.
However, while Sec. Sec. 265.111 and 265.114 cite the specific
closure regulations for different types of units, missing from Sec.
265.111 is a reference to drip pads and missing from Sec. 265.114 is a
reference to both drip pads and containment buildings. The Agency
believes these are inadvertent oversights where EPA failed to make the
appropriate conforming changes when the regulations for drip pads and
containment building were promulgated in 1990 and 1992,
respectively.\78\
---------------------------------------------------------------------------
\78\ Memo from Robert Springer, Director of EPA's Office of
Solid Waste, to RCRA Directors, September 24, 2003, RCRA Online
14681; Drip Pad Closure Notification and Certification Requirements,
November 1, 1997, RCRA Online 14130; and RCRA/Superfund Hotline
Monthly Report, December 1998, RCRA Online 14321, that states:
``LQGs are subject to the most stringent requirements, which include
general closure provisions and unit-specific ones. The general
closure requirements appear in Section 265.111 and Section 265.114
(Section 262.34(a)(1)).'' Additionally, the report states: ``LQGs
storing or treating waste in tanks, on drip pads, or in containment
buildings are also subject to closure requirements specific to these
types of units.''
---------------------------------------------------------------------------
Furthermore, as with other parts of the hazardous waste generator
regulations, the accumulation regulations at Sec. 262.34 often
reference the detailed technical regulations of part 265 to reduce
duplication. Part 265 describes the technical regulations for interim
status TSDFs. Usually, the technical requirements in part 265 are clear
in distinguishing the generator standards from standards for interim
status TSDFs (e.g., Sec. 265.201 specifies that the provisions of that
paragraph are only for SQGs); however, this is not the case for the LQG
closure regulations.
Finally, EPA believes the closure regulations are unnecessarily
confusing. For example, the tank system regulations for LQGs at Sec.
262.34(a)(1)(ii) make clear that the requirements of Sec. 265.197(c)
do not apply to LQGs. Yet, LQGs must comply with Sec. 265.111, which
in turn, at paragraph Sec. 265.111(c) requires LQGs to comply with
Sec. 265.197, which includes paragraph (c). One commenter wrote about
this confusion when the Agency proposed to clarify the closure
regulations for LQGs as part its March 18, 2010, Hazardous Waste
Technical Corrections and Clarifications Direct Final Rule (75 FR
12989).\79\ The Agency has made clear in guidance that generators are
not subject to Sec. 265.111(c), except if the facility cannot clean
close its waste accumulation unit(s), but we believe that a regulatory
change would make this even more clear.\80\
---------------------------------------------------------------------------
\79\ Comments from the National Mining Association, May 3. 2010.
Docket ID No: ID EPA-HQ-RCRA-2008-0678.
\80\ RCRA/Superfund Hotline Monthly Report, December 1998, RCRA
Online 14321.
---------------------------------------------------------------------------
Therefore, as a first step in improving the usefulness of the
closure regulations for LQGs accumulating hazardous waste in
containers, tanks, drip pads, and containment buildings, EPA is
proposing to consolidate and integrate all relevant closure provisions
for LQGs accumulating hazardous waste in tanks, drip pads, and
containments buildings at Sec. 262.17(a)(8). The closure regulations
include the following: (1) the general closure performance standards
found at Sec. 265.111(a) and (b); (2) a modified version of the
standards found at Sec. 265.114 (Disposal or decontamination of
contaminated equipment, structures, and soils) that incorporates
regulatory language applicable to containers, tanks, drip pads, and
containment buildings undergoing closure; (3) the unit-specific closure
regulations relevant to tanks, drip pads, and containment buildings
found at Sec. Sec. 265.197(a) and (b), 265.445(a) and (b), and
265.1102(a) and (b), respectively;\81\ (4) a provision addressing the
disposition of any hazardous waste generated in the process of closing
either the generator's site or unit(s) accumulating hazardous waste,
and (5) a provision addressing the situation when a waste accumulation
unit or site cannot clean close and must close as a landfill. This
includes situations where an LQG accumulating hazardous wastes in
containers cannot clean close. More specifically, the proposed new
closure regulations in the generator accumulation conditions at Sec.
262.17(a)(8)(ii) would require LQGs at closure to close the waste
accumulation unit or site in a manner that achieves all of the
following:
---------------------------------------------------------------------------
\81\ Note: During the partial and final closure periods, all
contaminated equipment, structures and soil must be properly
disposed of, or decontaminated unless specified otherwise in Sec.
265.197, 265.228, 265.258, 265.280, or 265.310. By removing all
hazardous wastes or hazardous constituents during partial and final
closure, the owner or operator may become a generator of hazardous
waste and must handle that hazardous waste in accordance with all
applicable requirements of part 262.
---------------------------------------------------------------------------
(1) Minimizes the need for further maintenance by controlling,
minimizing, or eliminating, to the extent necessary to protect human
health and the environment, the post-closure escape of hazardous waste,
hazardous constituents, leachate, contaminated run-off, or hazardous
waste decomposition products to the ground or surface waters or to the
atmosphere;
(2) Properly disposes of or decontaminates all contaminated
equipment, structures and soil and any remaining hazardous waste
residues from waste accumulation units including containment system
components (pads, liners, etc.), contaminated soils and subsoils,
bases, and structures and equipment contaminated with waste. Any
hazardous waste residues remaining in the unit(s) being closed must be
removed from the unit(s). Any leakage must also be decontaminated or
removed and managed as a hazardous waste unless Sec. 261.3(d) applies;
(3) Manages any hazardous waste generated in the process of closing
either the generator's site or unit(s) accumulating hazardous waste in
accordance with all applicable requirements of parts 260 through 270,
including removing any hazardous waste contained in these units within
90 days of generating it and managing these wastes in a RCRA Subtitle C
hazardous waste permitted or interim status treatment, storage and
disposal facility or interim status facility; and
(4) Ensures that if the generator demonstrates that all
contaminated soils cannot be practicably removed or decontaminated as
required in this section, then the generator must close the waste
accumulation unit(s) and perform post-closure care in accordance with
the closure and post-closure care regulations that apply to landfills
(Sec. 265.310). In addition, for the purposes of closure, post-
closure, and financial responsibility, such a waste accumulation unit
is then considered to be a landfill, and the generator must meet all of
the standards for landfills specified in subparts G and H of part 265.
2. Closure Regulations for LQGs Accumulating Hazardous Waste in
Containers
As an additional condition to qualify to accumulate hazardous waste
without a permit or interim status, EPA is proposing to require LQGs
accumulating hazardous wastes in containers in central accumulation
areas that plan to stop hazardous waste accumulation in those
containers to meet the same type of closure regulations discussed
above--that is, the closure regulations for tanks, drip pads, and
containment buildings. This includes situations where an LQG
accumulating hazardous wastes in containers can demonstrate that any
[[Page 57955]]
contaminated soils cannot be practicably removed or decontaminated and
as a result, the generator must close the waste accumulation unit(s)
and perform post-closure care in accordance with the closure and post-
closure care requirements that apply to landfills (Sec. 265.310). In
addition, for the purposes of closure, post-closure, and financial
responsibility, such a waste accumulation unit is then considered to be
a landfill, and the generator must meet all of the requirements for
landfills specified in subparts G and H of part 265.
Supporting these proposed regulations are damage cases by
generators who accumulated hazardous wastes in containers. An
examination of Superfund removal actions shows LQGs accumulating
hazardous waste in containers have sometimes closed their doors or
abandoned their sites, resulting in environmental problems.\82\ Most
LQGs use containers to accumulate hazardous wastes. Some LQGs may
generate relatively small quantities of hazardous waste and therefore
may not need many containers to accumulate their hazardous wastes, but
other generators generate a sufficient quantity of hazardous waste to
require the use of a large number of containers each day. Not ensuring
that these sites are closed properly increases the risk of more damage
cases.
---------------------------------------------------------------------------
\82\ See EPA's On Scene Coordinator (OSC) Web site: https://www.epaosc.org.
---------------------------------------------------------------------------
For LQGs that accumulate hazardous waste in containers or container
units, EPA is proposing closure regulations that replicate the
regulations in paragraphs Sec. 262.17(a)(8)(ii), mentioned above. The
Agency believes the closure regulations are applicable to LQGs who have
accumulated hazardous waste in containers as well as to LQGs who have
accumulated hazardous waste in tanks, drip pads and containment
buildings in order to prevent adverse impacts to human health and
environment. Therefore, as with LQGs that accumulate hazardous wastes
in tanks, drip pads, and containment buildings, should a generator
decide to close a container or stop accumulating hazardous waste in
containers at the site altogether, it would be responsible for
complying with the regulations proposed at Sec. 262.17(a)(8)(ii) and
removing all relevant hazardous wastes accumulated within 90 days of
generating it and any hazardous wastes that also may have been
accumulated in SAAs. Otherwise, the generator would fail to meet the
conditions for the exemption from permitting and would be subject to
the requirements of 40 CFR parts 264, 265, 267 and the permit
requirements of part 270.
3. Notification by LQGs Upon Closure of their Hazardous Waste
Accumulation Units
EPA is also proposing that an LQG notify either EPA or its
authorized state at least 30 days prior to closure of a hazardous waste
accumulation unit, such as a container, tank, drip pad, or containment
building, or closure of the site altogether. EPA is also proposing that
such generators subsequently notify EPA or its authorized state no
later than 90 days after closure of the site or a hazardous waste
accumulation unit that they have either clean closed (e.g., complied
with the applicable generator closure regulations) or, if they cannot
clean close, that they must close as a landfill. If these changes are
finalized, EPA will amend EPA form 8700-12 to incorporate collection of
this information.
The hazardous waste regulatory program is a ``cradle to grave''
system in which any hazardous waste generated by an LQG (or SQG) must
be subsequently managed, either on site or off site at an appropriate
RCRA destination facility. Missing from the current regulatory
framework is knowledge by the regulatory authority that the LQG, upon
closing either a waste accumulation unit or closing the site
altogether, properly closed the accumulation unit in compliance with
the applicable closure regulations. Without this knowledge, regulatory
authorities do not know whether generators have abandoned the site,
leaving behind hazardous waste that could subsequently result in a
release to the environment and adverse impacts to human health and the
environment. Thus, these closure notifications are important to ensure
that LQGs close their waste accumulation unit, or site, in compliance
with the applicable closure regulations. Fail to properly close would
be a violation of the waste accumulation exemption.
4. Request for Comment
EPA requests comment regarding its proposal to consolidate the
closure regulations for hazardous waste generated by LQGs in Sec.
262.17(a)(8) and whether this approach would improve the readability/
understandability of the rules, and thus, improve compliance. EPA also
requests comment on whether parts of the proposed closure regulations
at Sec. 262.17(a)(8) should be modified.
EPA also requests comment regarding its proposal to strengthen the
closure regulations for LQGs accumulating hazardous waste in
containers.
In addition, EPA requests comment on whether it should require LQGs
to notify EPA regarding closure both prior to closure (e.g., at least
30 days prior to closure) and after closure (e.g., notify no later than
90 days after the site has closed one or all of its hazardous waste
accumulation units either by clean closure or closed as a landfill) or
whether EPA should just require notification only once--that is, after
closure (e.g., no later than 90 days after closure). Requiring
notification only after closure of the hazardous waste accumulation
unit or site reduces the generator's paperwork burden in half and
allows EPA and the state to focus on results. However, requiring
notification both before and after closure creates greater visibility
for this important activity. The notification creates an incentive for
the generator to take all appropriate actions once the unit or site is
closed and also provides notice to EPA and the state to be aware of
this important activity and to plan for a possible inspection to verify
clean closure has successfully occurred or determine if additional
closure efforts are needed. EPA is currently of the opinion that the
additional environmental benefits accrued from requiring both
notifications will exceed the additional paperwork costs to the
generator. In conjunction with an LQG notifying EPA no later than 90
days after closure, EPA is also requesting comment on whether, as part
of the closure notification requirements, LQGs should be required to
certify that they have clean closed or failed to clean close all
applicable hazardous waste accumulation units. This type of
notification would have the added benefit of ensuring EPA knows that an
LQG performed their due diligence in closing and can certify to either
clean closing or closing as a landfill.
Because there are no federal regulations for closure of a waste
accumulation unit or site closure by SQGs, SQGs are not required to
comply with the clean closure regulations, as well as notify when they
close any or all waste accumulation units. Unlike LQGs, which have no
waste accumulation limits as long as they remove any hazardous waste
within 90 days of generating it, SQGs do have a waste accumulation
quantity limitation of 6,000 kilograms. Given this waste accumulation
quantity limitation, EPA sees no reason at this time to propose
requiring SQGs to clean close or close as a landfill if they cannot
clean close. However, EPA sees a potential benefit in having SQGs
notify EPA when SQGs
[[Page 57956]]
close to allow the regulatory authority to follow-up and ensure that
all hazardous waste was removed and properly managed. Therefore, EPA is
requesting comment regarding whether SQGs that stop accumulating and
close any or all of their hazardous waste accumulation units should
notify EPA within 60 days after closing.
Effect of the Proposed Reorganization: This section is affected by
the proposed reorganization. The LQG closure regulations would move to
Sec. 262.17(a)(8). The reorganization is discussed in section XIII of
this preamble.
H. Changes to the Preparedness, Prevention, and Emergency Procedures
Provisions (40 CFR 262.34(a)(4) and 262.34(d)(4) and (5))
EPA is proposing a number of modifications to the conditions for
exemption for both SQGs and LQGs regarding preparedness, prevention and
emergency procedures. The conditions for SQGs are found at Sec. Sec.
262.34(d)(4) and (5) (which refer to the technical standards at 40 CFR
part 265 subpart C) and the conditions for LQGs are found at Sec.
262.34(a)(4) (which refers to the technical standards at part 265
subparts C and D).
The proposed revisions are organized in this section as follows:
(1) Revising the scope of the contingency planning and emergency
procedures regulations; (2) revising Sec. 265.37(a) to state that when
making arrangements with local authorities regarding emergency
procedures, an SQG or LQG must first attempt to make emergency
preparedness and procedures agreements with its Local Emergency
Planning Committee (LEPC), and, if this attempt is not successful (or
there is no LEPC in the area), the generator must make an arrangement
with its local fire department and other emergency responders; (3)
modifying the regulations for contingency plans for LQGs in Sec. Sec.
265.52 and 265.53 to add an executive summary to the plan that a new
LQG would submit to the LEPC and to adjust the content of an element of
the required contingency plan; (4) making two revisions to the
technical standards regarding required equipment that are part of the
preparedness and prevention regulations in part 265 subpart C that are
applicable to both SQGs and LQGs; (5) modifying the preparedness and
prevention provisions for SQGs at Sec. 262.34(d)(5) regarding posted
emergency coordinator information and responsibility for cleaning up a
spill; (6) modifying the personnel training provision for LQGs; (7)
taking comment on what personnel should have mandated personnel
training, and (8) taking comment on whether any of these proposed
revisions would be appropriate for TSDFs in addition to generators.
Recent catastrophic chemical accidents in the United States, such
as the 2013 West, Texas, fire and explosion that killed 15 people, the
2010 explosion and fire at Tesoro Refinery in Anacortes, Washington,
that killed seven employees, and the 2012 Chevron Refinery hydrocarbon
fire in Richmond, California, that affected 15,000 people in the
surrounding area, highlight the need for continued improvement in a
number of areas related to chemical facility safety. To address these
concerns, the President issued Executive Order 13650--Improving
Chemical Facility Safety and Security (EO) on August 1, 2013.\83\ The
EO directed the Department of Homeland Security, EPA, the Department of
Labor, the Department of Justice, the Department of Agriculture, and
the Department of Transportation to identify ways to improve
operational coordination with state, local, tribal, and territorial
partners; enhance federal agency coordination and information sharing;
modernize policies, regulations, and standards to enhance safety and
security in chemical facilities; and work with stakeholders to identify
best practices to reduce safety and security risks in the production
and storage of potentially harmful chemicals.
---------------------------------------------------------------------------
\83\ https://www.whitehouse.gov/the-press-office/2013/08/01/executive-order-improving-chemical-facility-safety-and-security.
---------------------------------------------------------------------------
One of the key goals the EPA is addressing through this effort is
enhancing and providing additional support to State Emergency Response
Commissions (SERCs) and LEPCs to assist them in collecting and
analyzing the chemical information they receive from local facilities
and developing local emergency response plans to mitigate or prevent a
devastating chemical disaster. Several of the proposed requirements are
aligned with these EO efforts and will assist in furthering this goal
and with those of the EO in general because they update the regulations
to make them compatible with the current infrastructure of emergency
planning and response by referencing LEPCs. Additionally, these
revisions would provide a more usable contingency plan to emergency
responders en route to a time-sensitive emergency at a generator of
hazardous waste. Before finalizing these provisions, EPA will ensure
that they are aligned with the efforts to improve chemical plant safety
and security under the EO.
This preamble also discusses how EPA might incorporate modern
technology into the emergency planning and procedures regulations for
generators in order to provide information more quickly to emergency
responders when faced with an event at a generator.
In addition to the changes listed above, as part of the
reorganization of the preamble discussed in section XIII, EPA is
proposing to copy the preparedness and prevention regulations for SQGs
into Sec. 262.16 and to create a new subpart in part 262--subpart M--
that would contain the more extensive preparedness, prevention, and
emergency procedures regulations for LQGs. Copying a version of these
regulations into part 262 allows most of the preparedness, prevention,
and emergency procedures regulations for generators to be easily found
without accessing part 265 and with minimal cross-referencing.\84\
---------------------------------------------------------------------------
\84\ Note that throughout this section, although we are
referring to the regulations by their current citations, the fact
that we are also proposing in most cases to reorganize those
requirements and copy them into the generator requirements in part
262 means that the revisions discussed in this section would not
automatically apply to interim status TSDFs, as the proposed
revisions only apply to the version of these regulations that is
being proposed to be in part 262.
---------------------------------------------------------------------------
As part of this reorganization, our proposed regulation has
replaced the word ``facility'' in the regulations with ``site'' because
``facility'' is defined in Sec. 260.10 as specific to TSDFs. Another
small revision that we propose because of the reorganization of these
regulations is folding the ``comment'' in Sec. 265.55 into the body of
the corresponding proposed regulation at Sec. 262.264. We are
proposing this because Federal Register style no longer permits this
kind of comment in new regulations.
1. Areas Subject to Preparedness, Contingency Planning, and Emergency
Procedures Regulations
The current preparedness and emergency procedures regulations do
not clearly state whether they are applicable to the entire generator
site or only to areas where hazardous waste is generated and
accumulated on site (or where allowable treatment may occur in
accumulation units) and when transported off site for subsequent
treatment, storage, and disposal. EPA is proposing that the regulations
for preparedness and prevention and for contingency planning and
emergency procedures apply only to those areas of a generator's site
where hazardous waste
[[Page 57957]]
is generated and accumulated and, where applicable, to those areas
where allowable treatment may occur in accumulation units.
The Agency is proposing to explicitly state that the RCRA
preparedness and emergency procedures regulations are limited strictly
to areas where hazardous waste is generated and accumulated.
The Agency has previously signaled that these requirements do not
apply to the entire generator site. In a November 7, 2006, letter, EPA
stated that the 40 CFR part 265 regulations for LQGs set forth in Sec.
262.34(a)(4) apply to units accumulating hazardous wastes. The letter
states that in order to comply with the part 265 requirements
referenced in Sec. 262.34(a)(4), LQGs only need to address those
tanks, containers, drip pads, and containment buildings that accumulate
hazardous wastes and are subject to the 90-day generator accumulation
provision. As an example, the letter states that when developing a
contingency plan, LQGs would only need to include those 90-day
accumulation units involving the on-site management of hazardous
waste.\85\
---------------------------------------------------------------------------
\85\ Memorandum from Matt Hale, Director of EPA's Office of
Solid Waste, to RCRA Division Directors, November 7, 2006, RCRA
Online 14758.
---------------------------------------------------------------------------
It makes sense to limit the applicability of these regulations only
to these areas because several other statutes already address the
development and implementation of contingency plans associated with
other areas of a generator site, such as the storage of chemical
materials other than hazardous wastes. We also note that considerable
overlap exists in the requirements in the various statutes and, since
1997, the federal government has encouraged facilities to develop
integrated contingency plans and has provided guidance for doing so in
the Federal Register. The integrated contingency plan is discussed
further in section VIII.H.3, below.
The language EPA is proposing to change currently appears in
Sec. Sec. 265.30 and 265.50, though we are proposing to move it to a
new part 262 subpart M to make it specific to generators. EPA proposes
that subpart M apply only to those areas of a large quantity generator
where hazardous waste is generated and accumulated on site in
accordance with the conditions in Sec. 262.17. This proposal includes
a parallel change for the emergency procedures regulations for small
quantity generators in Sec. 262.16.
The Agency requests comment on making it explicit in the
regulations that the preparedness, prevention, and emergency procedures
regulations apply only to those areas of the generator's site where
hazardous waste is generated and accumulated, and where applicable,
those areas where allowable treatment may occur in accumulation units.
Effect of Proposed Reorganization: This section is affected by the
proposed reorganization. The proposed revisions would appear at Sec.
262.250 in a new subpart M of part 262 and would not appear in part
265. The reorganization is discussed in section XIII of this preamble.
2. Making Arrangements With the Local Emergency Planning Committee
Sections 262.34(a)(4) and (d)(4) set forth conditions for LQGs and
SQGs that accumulate without a permit. Both these paragraphs include
references to part 265 subpart C, which contains a reference to Sec.
265.37. Section 265.37(a) states that ``The owner or operator must
attempt to make the following arrangements, as appropriate for the type
of waste handled at his facility and the potential need for the
services of these organizations'' and goes on to list the types of
local emergency officials that should be informed about hazardous waste
at a facility, such as fire departments and emergency response teams,
and the information the generator should provide them.
The Agency is proposing to revise this provision for generators to
state that SQGs and LQGs must first attempt to enter into agreements
with their LEPC, but if there is no LEPC in the area or if the LEPC
does not respond or is unwilling to enter an agreement, the generator
must enter into an agreement(s) with the local fire department and
other emergency responders. This proposed revision would add to the
regulations both a reference to LEPCs and an explicit statement that
generators must enter into an agreement with emergency planning
officials, rather than just attempt to enter into an agreement.
a. Local emergency planning committees. The Agency is proposing to
revise regulations that were finalized in 1980. The national and local
infrastructure for emergency planning and response has changed
significantly since that time, but these regulations have not been
updated to reflect those changes. The proposed revision to specifically
name LEPCs in this regulation addresses that deficiency.
The Superfund Amendments and Reauthorization Act (SARA) was enacted
in 1986. Title III of SARA is also known as the Emergency Planning and
Community Right-To-Know Act (EPCRA). EPCRA helps increase the public's
knowledge and access to information regarding chemicals at individual
facilities, their uses, and releases into the environment. States and
communities, working with facilities, can use the information to
improve chemical safety and protect public health and the environment.
EPCRA requires both small and large entities to report chemical
information to the SERC, the LEPC, the local fire department, and
tribal nations.
EPCRA requires LEPCs to prepare a comprehensive plan for local
communities designed to help them prepare for and respond to
emergencies involving extremely hazardous substances (EHS). Facilities
covered by EPCRA planning provisions are required to cooperate in
emergency plan preparation and designate a facility emergency
coordinator to participate in the planning process as well as notify
their SERC and LEPC within 60 days of becoming subject to the emergency
planning requirements (when an EHS is first present at the facility
from a shipment or production). Additionally, as part of the community-
right-to-know provisions of EPCRA, facilities that have hazardous
chemicals for which they must have or prepare an MSDS or SDS and have
at or above the threshold amount of those chemicals must also annually
complete and submit an Emergency and Hazardous Chemical Inventory form
(also known as a Tier II) to the LEPC, to the SERC, and to the local
fire department by March 1. These facilities must send copies of their
MSDS, SDS, or a list of hazardous chemicals to the LEPC, to the SERC,
and to the fire department.\86\
---------------------------------------------------------------------------
\86\ The regulations implementing the emergency planning and
notification requirements of EPCRA can be found at 40 CFR part 355.
---------------------------------------------------------------------------
In turn, LEPCs must develop an emergency response plan, review it
at least annually, and provide information about chemicals in the
community to citizens. These plans are developed by LEPCs with
stakeholder participation. There are more than 3,000 designated local
emergency planning districts, although not all of these districts have
functioning LEPCs. The LEPC membership must include (at a minimum)
elected state and local officials; police, fire, civil defense, and
public health professionals; environment, transportation, and hospital
officials; facility representatives; and representatives from community
groups and the media. Although in many areas the LEPCs are the main
organizing entities for emergency response, the RCRA hazardous waste
regulations do not
[[Page 57958]]
mention them or their role in contingency planning.
The proposed language directly references LEPCs, stating that the
generator must make arrangements with the Local Emergency Planning
Committee for the types and quantities of hazardous waste handled at
the site.\87\ This modification merely updates the RCRA hazardous waste
regulations to match the current emergency planning landscape.
---------------------------------------------------------------------------
\87\ Although much of the discussion of these provisions for the
purposes of this rule revolves around hazardous waste generators,
because the provisions are located in part 265 for interim status
hazardous waste TSDFs, they will refer to the persons regulated as
``owner or operator'' and the entity being regulated as the
``facility.''
---------------------------------------------------------------------------
Consistent with this proposed modification at Sec. 265.37, the
Agency is also proposing that when the language in current Sec.
265.52(c) is copied into part 262, it state that the plan must describe
arrangements agreed to with the Local Emergency Planning Committee.
Should there be no Local Emergency Planning Committee, should it not
respond, or should the Local Emergency Planning Committee determine
that it is not the appropriate organization to make arrangements with,
then the large quantity generator must make arrangements with its local
fire department and other relevant emergency responders (e.g., police
and hospitals) to coordinate emergency services, pursuant to Sec.
262.256.
The Agency requests comment on this proposal to modify the language
in Sec. Sec. 265.37(a) and 265.52(c) when they are copied into part
262.
Effect of Proposed Reorganization: These sections are affected by
the proposed reorganization. The proposed regulation would appear in
the SQG standards at Sec. 262.16(b)(8)(vi) and in the new part 262
subpart M for LQGs at Sec. 262.256 for arrangements and Sec.
262.261(c) for the content of the contingency plan. The reorganization
is discussed in section XIII of this preamble.
b. Making required arrangements. The other proposed modification to
the language currently in Sec. 265.37(a) when it is copied into part
262 addresses the ambiguity of the current language, which requires
only that the owner or operator ``attempt to make'' arrangements with
local emergency response authorities.
Section 265.37(a) states that the owner or operator must attempt to
make arrangements with local fire and emergency organizations, as
appropriate for the type of waste handled at the facility and the
potential need for the services of these organizations. Paragraph
(a)(1) makes clear that these arrangements involve familiarizing these
organizations with the layout of the facility, properties of the
hazardous waste handled at the facility and associated hazards, places
where facility personnel would normally be working, entrances to roads
inside the facility, and possible evacuation routes. Because an SQG is
not required to submit a contingency plan, this language suggests that
SQGs need only invite local officials to visit and familiarize
themselves with the site as compared to LQGs, which are required to
develop a written contingency plan and provide it to local officials.
Given the importance of emergency preparedness and planning, EPA is
proposing to require that an SQG or an LQG must make direct
arrangements with its LEPC as part of this condition. The Agency
believes the LEPCs, in turn, will work with their local responders to
integrate the activities of SQGs and LQGs into the overall emergency
response plan.
Many SQGs and LQGs may already have arrangements with their LEPCs
because most SQGs and LQGs either have EHSs that require reporting to
the LEPC, which triggers EPCRA emergency planning requirements, or use
chemicals that require an SDS, triggering the EPCRA community right-to-
know requirement to report to LEPCs. However, in the case that a
hazardous waste generator does not have a relationship with the LEPC,
that LEPC may view working with non-EPCRA facilities as outside the
scope of their authority. Alternatively, there may be a hazardous waste
generator in a location where there is no organized LEPC. Therefore, as
part of this regulation, EPA proposes to require that an SQG or LQG
attempt to make formal arrangements with its LEPC unless there is no
LEPC, the LEPC does not respond, or the LEPC determines that it is not
the appropriate organization to make an arrangement with. In this case,
the SQG or LQG would be required to make arrangements with its local
fire department, as well as with other relevant emergency responders,
such as the police department and local hospitals.
The proposed regulatory text for this condition would state that
the generator must make arrangements with the Local Emergency Planning
Committee for the types and quantities of hazardous waste handled at
the site, as well as the potential need for the services of the local
police department, other emergency response teams, emergency response
contractors, equipment suppliers, and local hospitals.\88\ Should there
be no Local Emergency Planning Committee, should it not respond, or
should the Local Emergency Planning Committee determine that it is not
the appropriate organization to make arrangements with, then the
generator must make arrangements with the local fire department and
other relevant emergency responders (e.g., police and hospitals).
---------------------------------------------------------------------------
\88\ This condition is being proposed at Sec.
262.16(b)(8)(vi)(A) for SQGs and Sec. 262.256 for LQGs due to the
proposed reorganization.
---------------------------------------------------------------------------
EPA is also proposing regulatory text that describes procedures for
how a facility that is not able to make arrangements with the LEPC
would make such arrangements with the fire department and other local
emergency services. Much of this language corresponds with the existing
standards for making arrangements with emergency responders. These
mandated steps are not necessary in the case of arrangements with the
LEPC because that group is likely to have standardized procedures of
its own to follow to make these arrangements with facilities.
The Agency requests comment on its proposal to require an SQG or an
LQG to enter into arrangements with its LEPC unless there is no LEPC,
the LEPC does not respond, or the LEPC determines that it is not the
appropriate organization to make arrangements with, in which case the
SQG or LQG would enter into an arrangement with its local emergency
responders.
EPA is also proposing to add new language to supplement this
condition because current Sec. 265.37(a) does not specify the
frequency that hazardous waste generators must make arrangements with
local authorities. For example, should arrangements be updated
according to a set schedule or only when modification is needed.
Considering that some SQGs and LQGs may already coordinate with their
LEPCs annually as part of their EPCRA requirements, the Agency is of
the opinion that it is not necessary to include time frames for
updating in this rule. The Agency requests comments on whether the
regulations should mandate how frequently a generator must communicate
with its LEPC or local fire department if it has not otherwise
communicated with them.
Effect of Proposed Reorganization: This section is affected by the
proposed reorganization. The proposed regulation would appear in the
SQG standards at Sec. 262.16(b)(8)(vi) and in the new part 262 subpart
M for LQGs at Sec. 262.256. The reorganization is discussed in section
XIII of this preamble.
[[Page 57959]]
c. Documenting arrangements. As noted above, the EPA thinks it is
important for both SQGs and LQGs to make arrangements with their LEPCs.
In addition, EPA believes that documentation of these arrangements
would be useful in ensuring that generators have taken the necessary
steps to prepare for an emergency and have a clearly defined plan with
the LEPC for emergency response. Therefore, when EPA copies this
condition into part 262, EPA is proposing to modify the language to
state that the generator shall maintain records documenting the
arrangements with the Local Emergency Planning Committee, or if
appropriate, with the local fire department as well as any other
organization necessary to respond to an emergency. This documentation
may include a certified letter or any other documentation that confirms
such arrangements actively exist.
One alternative suggested as part of the 2004 Program Evaluation of
the hazardous waste generator regulatory program would be to require
hazardous waste generators to list the emergency response agencies that
have agreed to respond in the event of an emergency with some
documentation confirming that the arrangements exist. In addition to
helping generators prepare for emergencies, documentation of these
arrangements would provide the necessary information for inspectors
when determining compliance. The Agency believes this alternative may
be the most effective approach to addressing the ambiguity that exists
with the existing regulations at Sec. 265.37(b).
The Agency seeks comment on this proposed change to documentation,
in particular whether local ordinances already require generators to
have documentation of arrangements with local emergency response
organizations.
Effect of the Proposed Reorganization: This section is affected by
the proposed reorganization. The proposed regulation would appear in
the SQG standards at Sec. 262.16(b)(8)(vi) and in the new part 262
subpart M for LQGs at Sec. 262.256(b). The reorganization is discussed
in section XIII of this preamble.
d. Request for comment on emergency procedures at large facilities
with internal emergency teams. Many large organizations, particularly
those that operate 24 hours a day, such as airports and military bases,
have their own emergency response capabilities. This raises the
question of whether and under what circumstances arrangements with
local authorities would not be needed to ensure effective emergency
response. The Agency seeks comment on the feasibility of providing a
waiver from requiring either an SQG or LQG to enter into arrangements
with an LEPC or, if appropriate, other local authorities when they have
24-hour on-site emergency response capabilities, particularly under
what circumstances a waiver would be granted.
3. Changes to Contingency Plan Regulations for LQGs
Under Sec. 262.34(a)(4), LQGs are required to comply with 40 CFR
part 265 subpart D, Sec. Sec. 265.50-265.56, which describes the
regulations on contingency planning and emergency procedures. These
regulations address the purpose of the contingency plan, what it must
contain, who receives copies, how to amend the contingency plan, and
responsibilities of the facility's emergency coordinator and emergency
procedures. One important thing to note is that the owner or operator
of the facility can develop one contingency plan that meets all the
regulatory standards for the various statutory and regulatory
provisions for contingency planning:
EPA's Oil Pollution Prevention Regulation (SPCC and
Facility Response Plan Requirements) at 40 CFR 112.7(d), 112.20, and
112.21;
EPA's Risk Management Programs Regulation at 40 CFR part
68;
EPA's Resource Conservation and Recovery Act Contingency
Planning Requirements at 40 CFR part 264 subpart D, 40 CFR part 265
subpart D, and 40 CFR 279.52;
Department of Interior's Bureau of Safety and
Environmental Enforcement (BSEE) Facility Response Plan Regulation at
30 CFR part 254;
Pipeline and Hazardous Materials Safety Administration
(PHMSA) Response Plans for Onshore Oil Pipelines at 49 CFR part 194;
U.S. Coast Guard's (USCG) Facility Response Plan
Regulation at 33 CFR part 154 subpart F;
OSHA's Emergency Action Plan Regulation at 29 CFR
1910.38(a);
OSHA's Process Safety Standard at 29 CFR 1910.119; and
OSHA's HAZWOPER Regulation at 29 CFR 1910.120.
EPA recommends that generators base their contingency plan on the
National Response Team's Integrated Contingency Plan Guidance (One
Plan), discussed in the Federal Register on June 5, 1996, at 61 FR
28642.
In this action, EPA is proposing three modifications to the
contingency planning regulations for generators: One is meant to
improve the ability of emergency response teams to respond to an
emergency at an LQG and the other two are technical changes to the
content of the contingency plan.
a. Submitting a contingency plan executive summary to emergency
management authorities. The Agency is proposing to require that a new
LQG, as of the effective date of the rule, submit an executive summary
of its contingency plan to the emergency management authorities. As
part of this revision, EPA proposes to change the language of the
regulation to include LEPCs, as discussed above in section VIII.H.2.
The current regulations at Sec. 265.53 state that a copy of the
contingency plan must be submitted to all local police departments,
fire departments, hospitals, and state and local emergency response
teams that may be called upon to provide emergency services.
In discussions with EPA, emergency management professionals
indicated that the length of the facility contingency plans prevents
first responders from being able to fully review a facility's
contingency plan when responding to an emergency.\89\ Instead, they
need readily available information that describes what they must
confront when they arrive at the scene. Once the incident is under
control, the first responders can then review the detailed contingency
plan to determine their next steps, if applicable. Thus, the Agency
believes that a shorter document, such as an executive summary of the
contingency plan would be more effective for an emergency responder
when responding to an incident at a facility accumulating hazardous
waste. As currently happens in practice, once the incident is under
control, then the emergency responders can review the more detailed
contingency plan if necessary for long-term responses.
---------------------------------------------------------------------------
\89\ Notes from discussion with Phil Oakes and Jim Narva,
International Association of Fire Marshalls, concerning Contingency
Planning and Emergency Response Regulations, July 2012.
---------------------------------------------------------------------------
A review of the information required as part of a RCRA contingency
plan in Sec. 265.52, as well as information required by the local fire
department, identified certain components that would be useful in an
executive summary and EPA used this information in developing this
proposed regulation. Specifically, the Agency is proposing to require
that the following information be included in an executive summary to
assist emergency responders in the event of an incident: (1) The types/
names of hazardous wastes in layman's terms and the associated hazard
associated with each waste present at any one time (e.g., toxic paint
wastes,
[[Page 57960]]
spent ignitable solvent, corrosive acid); (2) the estimated maximum
amount of each waste that may be present at any one time; (3) the
identification of any hazardous wastes where exposure would require a
unique or special treatment by medical or hospital staff; (4) a map of
the site showing where hazardous wastes are generated and accumulated
and routes for accessing these wastes; (5) a street map of the facility
in relation to surrounding businesses, schools, and residential areas
to understand how best to get to the facility and also evacuate
citizens and workers; (6) the locations of water supply (e.g., fire
hydrant and its flow rate, drafting locations); (7) the identification
of on-site notification systems (e.g., a fire alarm that rings off-
site, smoke alarms); and (8) the name of the emergency coordinator and
24/7 emergency telephone number.
EPA believes these are the appropriate elements for the executive
summary but is taking comment on them. In addition, for identification
of the hazardous waste under element (1), EPA is taking comment on
whether providing the name of the waste in layman's terms is sufficient
for ensuring that first responders will be able to identify the
appropriate actions to take in response. A reference to the material in
the North American Emergency Response Guide, where appropriate, would
likely reduce the time it takes for first responders to get the
necessary information for managing the situation. EPA is interested in
whether this type of reference would be useful to first responders and
whether generators can easily access this information to add to their
contingency plans.
EPA is also taking comment on whether the executive summary should
add to element (3) a requirement that the generator provide information
on the medical information for exposure to those hazardous wastes that
do require special treatment. EPA is specifically interested in whether
this information is readily available to the generator to be included
in the executive summary of the contingency plan and whether first
responders would find this additional information useful for responses.
Under the proposed condition for contingency plans at LQGs, EPA is
proposing that an LQG that becomes subject to this rule after the
rule's effective date be required to develop and submit an executive
summary of its contingency plan to the LEPC in addition to the full
contingency plan. The Agency is not proposing to require that an LQG
that has already developed and submitted a contingency plan to local
emergency responders develop an executive summary because of the
additional burden that would be imposed on existing LQGs to go back to
their contingency plans and develop this summary. The Agency has
determined that developing the executive summary during the initial
writing of the contingency plan would not be a significant extra step.
However, we recommend that an LQG that is not required to develop an
executive summary of its contingency plan may want to do so and submit
that executive summary to the LEPC when doing a periodic update on its
contingency plan to ensure that the emergency responders have the
appropriate information on hand in the event of an emergency.
EPA, therefore, is proposing to modify the condition regarding
copies of the contingency plan to require that a copy of the
contingency plan and all revisions to the plan must be maintained at
the large quantity generator's site and the large quantity generator
must submit a copy of the contingency plan to the Local Emergency
Planning Committee. If there is no Local Emergency Planning Committee,
if it does not respond, or if the Local Emergency Planning Committee
determines that it is not the appropriate organization to make
arrangements with, the facility must then submit the copy to the local
emergency responders.
We are proposing to list in the regulations the eight elements
described above as the most valuable items for emergency responders.
The Agency requests comment on this proposed revision. In addition,
EPA requests comment on whether an existing LQG that has already
provided its full contingency plan should also be required to submit an
executive summary to the LEPC or, if appropriate, the fire department
or other emergency responders.
The Agency also requests comment on whether an SQG should be
required to develop an executive summary of a contingency plan. The
major differences between the preparedness, prevention, and emergency
procedures regulations applicable to SQGs and those applicable to LQGs
are the development and implementation of a contingency plan and more
rigorous responsibilities for the LQG emergency coordinator. Realizing
that many SQGs may already have developed contingency plans to comply
with other statutory and regulatory requirements, however, many of the
elements of an executive summary may already be available and that the
only addition would be summary information on the types and quantities
of hazardous waste on site, their associated risks, and their location
within the facility. Therefore, requiring SQGs to provide an executive
summary of a contingency plan to first responders could provide
information that is critical during emergencies with little extra
effort by the SQGs.
Effect of Proposed Reorganization: This section is affected by the
proposed reorganization. These proposed regulations would appear in the
new part 262 subpart M for LQGs at Sec. Sec. 262.261 and 262.262. The
reorganization is discussed in section XIII of this preamble.
b. Eliminating employee personal information in LQG contingency
plans. As stated above, the condition for exemption for LQGs at Sec.
262.34(a)(4) references part 265 subpart D, which includes a list of
what the contingency plan must contain. The Agency is also proposing to
modify the language currently at Sec. 265.52(d) when it is copied into
part 262 to now allow an LQG the flexibility to eliminate unnecessary
employee personal information that is currently required in the
contingency plan. This would protect those individuals' privacy, but
still provide necessary information to address emergencies. Section
265.52(d) currently states that the plan must list names, addresses,
and phone numbers (office and home) of all persons qualified to act as
emergency coordinator (see Sec. 265.55), and requires that this list
be kept up to date. It specifies that where more than one person is
listed, one must be named as primary emergency coordinator and others
must be listed in the order in which they will assume responsibility as
alternates. The proposed revision would remove the unnecessary
references to addresses in this language and change the reference to
home and office telephone numbers to ``emergency telephone number.''
Also as part of this revision, the Agency is proposing revisions to
address situations where the facility has an emergency coordinator on
duty 24 hours every day of the week. In those situations, the plan may
list the staffed position (e.g., operations manager, shift coordinator,
shift operations supervisor), as well as an emergency telephone number
that can be guaranteed to be answered 24 hours a day, 7 days a week,
365 days a year. The EPA proposes to add language stating that in
situations where the generator site has an emergency coordinator
continuously on duty because it operates 24 hours per day, every day of
the year, the plan may list the staffed position (e.g., operations
manager, shift coordinator, shift operations supervisor,
[[Page 57961]]
or some other similar position) as well as an emergency telephone
number that can be guaranteed to be answered at all times.
The Agency requests comment on this proposed modification.
Effect of Proposed Reorganization: This section is affected by the
proposed reorganization. The proposed regulation would appear in the
new part 262 subpart M for LQGs at Sec. 262.261(d). The reorganization
is discussed in section XIII of this preamble.
c. Request for comment to include alternative evacuation routes in
contingency plan (40 CFR 265.52(f)). The Agency also requests comment
on modifying the condition on alternative evacuation routes in a
contingency plan, currently found at Sec. 265.52(f). This paragraph
currently states that the plan must include an evacuation plan for
facility personnel where there is a possibility that evacuation could
be necessary and that this plan must describe signal(s) to be used to
begin evacuation, evacuation routes, and alternate evacuation routes
(in cases where the primary routes could be blocked by releases of
hazardous waste or fires).
At issue is whether a contingency plan must contain information
about alternative evacuation routes or whether a different approach for
addressing alternative evacuation routes would be more effective. As
part of the 2004 Program Evaluation of the hazardous waste generator
regulatory program, the Agency received a comment stating that it does
not make sense to include in the contingency plan the hundreds of
possible evacuation routes that may be present at a facility depending
on its configuration. The commenter argued that the regulation should
be modified to require that evacuation routes be posted and drills be
conducted but that the regulations should not require the routes to be
in the contingency plan.\90\
---------------------------------------------------------------------------
\90\ Summary of Hazardous Waste Generator Regulatory Program
Evaluation, November 2004. See also public comments in Docket ID No.
RCRA-2003-0014.
---------------------------------------------------------------------------
The Agency does not believe the current regulation requires all
potential evacuation routes be identified and believes emergency
responders may need this type of information in order to determine the
most efficient and timely approach to reach the facility, which raises
the question of whether the regulation should be modified in this way.
However, the Agency seeks comment on whether the commenter's proposal
to require the posting of evacuation routes and holding annual
evacuation training and drills would be an effective substitute to
maintaining alternative evacuation routes in the contingency plan. The
Agency also seeks comment on whether this paragraph of the regulations
should discuss shelter-in-place as part of contingency plans.
Effect of the Proposed Reorganization: This section is affected by
the proposed reorganization. Under the reorganization, the proposed
regulation would appear in the new part 262 subpart M for LQGs at Sec.
262.261(f). The reorganization is discussed in section XIII of this
preamble.
d. Request for comment on the usefulness of a potential electronic
RCRA contingency planning application.
The Agency requests comment on whether contingency plans should be
submitted electronically to emergency responders to enhance their
ability to respond safely and effectively to an emergency at an LQG and
what EPA's role should be in electronic submittals. Currently EPA makes
numerous electronic databases and tools available for helping first
responders with emergency management. These tools include CAMEO
(Computer-Aided Management of Emergency Operations), which assists with
data management requirements under EPCRA, such as the required annual
submittal of an Emergency Hazardous Chemical Inventory Form to the
LEPC. EPA is taking comment on whether an additional tool to manage
contingency plans under RCRA would be a useful addition to this
software suite and whether it would assist LEPCs by integrating the
contingency plan with their existing data on facilities, making the
information available to the first responders in the most usable way.
Specifically, we request comment on the feasibility and
effectiveness of private sector parties or non-profit or governmental
entities developing software that LQGs could use to provide important
information to emergency responders in responding to an emergency.
Building on the concept of a standard list of information to be
included in a contingency plan executive summary that was discussed
above, private sector or non-profit parties could design electronic
software to identify the appropriate information emergency responders
quickly need to assess an emergency. In turn, LQGs would then input
that information into the application and provide that information to
their local LEPC or emergency response organization for use should an
emergency arise. The objective would be to allow emergency responders
to more quickly and effectively analyze and respond to emergencies
rather than having to review a lengthy document.
4. Technical Changes Applicable to Both SQGs and LQGs
The Agency is proposing two additional clarifications and
modifications to the existing preparedness, prevention, and emergency
procedures regulations for SQGs and LQGs and is taking comment on one
more.
The Agency is proposing revisions based on 30 years of experience
with these rules, feedback from stakeholders as part of the Agency's
2004 Program Evaluation of the hazardous waste generator regulatory
program and discussions and communication with stakeholders. EPA
believes these clarifications will foster improved compliance without
adversely affecting the protection of human health and the environment.
a. Proposed technical changes to introductory paragraph on required
equipment. Sections 262.34(a)(4) and (d)(4) include the condition that
LQGs and SQGs comply with part 265 subpart C, which includes Sec.
265.32. Section 265.32 requires that all facilities must be equipped
with certain types of equipment unless none of the hazards posed by
waste handled at the facility could require that particular kind of
equipment. The paragraph goes on to list required equipment such as an
internal communications system, a telephone or radio, fire
extinguishers, and access to adequate water. The existing regulation is
not clear as to whether the required equipment must be placed in those
areas of operation where hazardous waste is generated and accumulated,
(or treated, stored and disposed in the case of an interim status TSDF)
or whether other parts of the facility could store this equipment--that
is, where hazardous waste is not generated or accumulated.
The Agency believes it may not always be appropriate or safe to
have this equipment stored in the actual waste generation or
accumulation area and instead, we are proposing that the regulation
state that the hazardous waste generator should have this equipment
located where it can be immediately accessed without jeopardizing a
timely and effective response to any emergency. For example, the waste
generation area may be in an enclosed room. Should a fire occur in the
enclosed room, it might be more appropriate to exit the room and call
the fire department rather than stay inside and be exposed to smoke
inhalation and other risks. EPA believes
[[Page 57962]]
the existing regulatory text should be revised to explain that while
this equipment applies to only those areas applicable to the generation
and accumulation (and treatment, as appropriate) of hazardous waste,
the generator has the flexibility to store this equipment in other
areas of the facility to address those situations where it is
infeasible or inappropriate for safety reasons to have the equipment
immediately next to hazardous waste generation and accumulation areas.
Therefore, EPA is proposing to modify the introductory paragraph to
provide generators subject to subpart C of part 265 the flexibility to
determine the most appropriate locations within the facility to locate
equipment necessary to prepare for and respond to emergencies.
The proposed regulation would state that all areas where hazardous
waste is either generated or accumulated must be equipped with the
listed types of equipment (unless none of the hazards posed by waste
handled at the site could require a particular kind of equipment or the
actual waste generation or accumulation area does not lend itself for
safety reasons to have a particular kind of equipment). It would also
state that a generator may determine the most appropriate locations
within its generator site to locate equipment necessary to prepare for
and respond to emergencies.
The Agency requests comment on its proposal to modify Sec. 265.32.
Effect of the Proposed Reorganization: This section is affected by
the proposed reorganization. The proposed regulation would appear in
the SQG standards at Sec. 262.16(b)(8)(ii) with some changes to make
it specific to SQGs and in the new part 262 subpart M for LQGs at Sec.
262.252. The reorganization is discussed in section XIII of this
preamble.
b. The meaning of ``immediate access.'' Sections 262.34(a)(4) and
(d)(4) include the condition that LQGs and SQGs comply with part 265
subpart C, which also includes Sec. 265.34. Section 265.34(a) states
that whenever hazardous waste is being poured, mixed, spread, or
otherwise handled, all personnel involved in the operation must have
immediate access to an internal alarm or emergency communication
device, either directly or through visual or voice contact with another
employee, unless such a device is not required under Sec. 265.32. At
issue is whether the phrase ``immediate access'' is clearly understood
or whether additional clarity is necessary. As part of the Agency's
2004 Program Evaluation of the hazardous waste generator program,
stakeholders raised a concern about whether the regulated community has
a sufficient understanding about what this phrase means and we are
proposing to address that concern here.
In the interest of clarity, the Agency is proposing to modify this
language to read, ``immediate access (e.g., direct or unimpeded
access).'' The Agency believes that adding this parenthetical example
provides further guidance on the meaning of ``immediate access.'' This
phrase is used again in the next paragraph in a similar context and EPA
is proposing to add the words ``(direct or unimpeded access)'' in that
case as well.
The Agency requests comment on the usefulness of modifying this
language.
Effect of the Proposed Reorganization: This section is affected by
the proposed reorganization. The proposed regulation would appear in
the SQG standards at Sec. 262.16(b)(8)(iv) and in the new part 262
subpart M for LQGs at Sec. 262.254. The reorganization is discussed in
section XIII of this preamble.
5. Technical Changes Applicable to SQGs
Current preparedness and prevention standards for SQGs are found at
Sec. 262.34(d)(5). SQGs must comply with the following:
Sec. 262.34(d)(5)(i)--have at least one employee either
on the premises or on call with the responsibility for coordinating all
emergency response measures (e.g., the emergency coordinator);
Sec. 262.34(d)(5)(ii)--post specified information next to
the telephone, including the name and telephone number of the emergency
coordinator; the location of fire extinguishers and spill control
material, and, if present, fire alarm; and the telephone number of the
fire department, unless the facility has a direct alarm;
Sec. 262.34(d)(5)(iii)-- ensure that all employees are
thoroughly familiar with proper waste handling and emergency
procedures, relevant to their responsibilities during normal facility
operations and emergencies; and
Sec. 262.34(d)(5)(iv)-- have the emergency coordinator or
his designee follow the specified procedures in the event of a fire,
spill, or explosion.
EPA is proposing changes to two of these provisions.
a. Require certain information be posted ``next to the telephone''
(40 CFR 262.34(d)(5)(ii)). The Agency is proposing to revise Sec.
262.34(d)(5)(ii) in order to facilitate improved compliance on the part
of SQGs. This language requires, among other items, that certain
information be posted ``next to the telephone,'' such as the name and
telephone number of the emergency coordinator and the location of fire
extinguishers and spill control material. Based on experience and
feedback received from the regulatory community, the Agency believes it
is unclear in this description where in the facility this information
should be posted. A facility may have many operations and components
that have no relationship with the generation and accumulation of
hazardous waste.
Stakeholders have recommended deletion of Sec. 262.34(d)(5)(ii)
because, in this age of near-universal 911 availability, they state it
is simply not important from a regulatory point of view to have
emergency telephone numbers posted. They argue that locations of fire
extinguishers, spill control material, fire alarms, etc., should be
conveyed to relevant employees and displayed in a worker break area
rather than the facility office and that posting the name and telephone
number of the emergency coordinator is also not necessary. For the
majority of the SQG universe, the emergency coordinator is the owner or
shop supervisor.\91\
---------------------------------------------------------------------------
\91\ Summary of Hazardous Waste Generator Regulatory Program
Evaluation, November 2004. See also public comments in Docket ID No.
RCRA-2003-0014.
---------------------------------------------------------------------------
EPA disagrees with eliminating this provision because we believe
that posting this information is important for workers and others to
have readily available information so that they would know what to do
and where to go in the case of an emergency. However, the Agency
believes that the regulation should be modified to state clearly that
the pertinent information should be posted where hazardous waste is
generated and accumulated, since facility personnel can quickly seek
assistance from it there.
Also unstated is whether the telephone number refers to the
emergency coordinator's home phone or business phone. Over the years
the Agency has received requests that we modify this provision to
ensure that personal information not be used or distributed,
particularly to individuals or organizations that could use such
information to cause harm to the individual.\92\ With cell phones and
other means of instant communication now prevalent, EPA is proposing to
clarify this provision to provide the hazardous waste generator with
the necessary flexibility to allow its emergency coordinator to perform
specified responsibilities effectively
[[Page 57963]]
using the emergency telephone number of the emergency coordinator.
---------------------------------------------------------------------------
\92\ Letter to Jim O'Leary from Derek Swick, American Petroleum
Institute, September 28, 2011.
---------------------------------------------------------------------------
Therefore, EPA is proposing that Sec. 262.34(d)(5)(ii) be modified
to state that the small quantity generator must post the name and
emergency telephone number of the emergency coordinator next to
telephones or in areas directly involved in the generation and
accumulation of hazardous waste. Section 262.34(d)(5)(ii)(B) and (C)
are unchanged.
EPA requests comment on this proposed change.
Effect of the Reorganization: This section is affected by the
reorganization and would move to Sec. 262.16(b)(9)(ii)(A). The
reorganization is discussed in section XIII of this preamble.
b. Allow containment and cleanup to be conducted by a contractor
(40 CFR 262.34(d)(5)(iv)(B)). Section 262.34(d)(5)(iv)(B) currently
reads, ``In the event of a spill, contain the flow of hazardous waste
to the extent possible, and as soon as is practicable, clean up the
hazardous waste and any contaminated materials or soil.'' If such a
spill were considered an emergency under OSHA's regulations in 29 CFR
1910.120, an SQG would be required to take a minimum of eight hours of
initial training with an annual refresher, and in certain circumstances
additional hours of training. Feedback from stakeholders suggests that
most SQGs would hire a spill cleanup contractor to provide such
services, if needed, rather than train employees to perform the
response. We would agree that allowing an SQG to hire a contractor that
is trained to address hazardous waste spills would certainly be
appropriate. However, the regulations in Sec. 262.34(d)(5)(iv)(B)
arguably do not provide this flexibility.\93\
---------------------------------------------------------------------------
\93\ Summary of Hazardous Waste Generator Regulatory Program
Evaluation, November 2004. See also public comments in Docket ID No.
RCRA-2003-0014.
---------------------------------------------------------------------------
Therefore, the Agency is proposing to modify Sec.
262.34(d)(5)(iv)(B) and place the responsibility on the SQG to either
perform the necessary cleanup of hazardous wastes or contract out the
cleanup. The proposed language would state that in the event of a
spill, the small quantity generator is responsible for containing the
flow of hazardous waste to the extent possible, and as soon as is
practicable, cleaning up the hazardous waste and any contaminated
materials or soil. The proposal would allow such containment and
cleanup to be conducted either by the small quantity generator or by a
contractor on behalf of the small quantity generator.
The Agency requests comment on the proposed revision to Sec.
262.34(d)(5)(iv)(B) and whether any unintended consequences arise from
providing SQGs with this flexibility.
Effect of the Proposed Reorganization: This section is affected by
the proposed reorganization and would move to Sec.
262.16(b)(9)(iv)(B). The reorganization is discussed in section XIII of
this preamble.
6. Technical Changes on Personnel Training Applicable to LQGs
The Agency is proposing to modify the condition regarding personnel
training for LQGs, currently found at Sec. 262.34(a)(4), which refers
to Sec. 265.16. The proposed modification would allow a generator to
use online computer training, in addition to classroom instruction and
on-the-job training, to complete the personnel training requirements.
Since the personnel training regulations were promulgated in the 1980s,
use of computerized training has become a common practice for
generators to teach their workers about the management of hazardous
waste. In fact, many generators already use this method for training
workers and this modification would simply bring the hazardous waste
personnel training regulations up to date with existing industry
practices.
The proposal would modify the first sentence of this provision by
adding the words ``online training'' and would state that site
personnel must successfully complete a program of classroom
instruction, online training, or on-the-job training that teaches them
to perform their duties in a way that ensures compliance with this
part.
The Agency requests comment on the proposed modification.
Effect of the Proposed Reorganization: This section would be
affected by the proposed reorganization. Under the reorganization this
provision would be found at Sec. 262.17(a)(7)(i)(A). The proposed
reorganization is discussed in section XIII of this preamble.
7. Taking Comment on Applicability of Personnel Training
The Agency seeks comment on clarifying what positions within an LQG
must be responsible for receiving training associated with the
management of hazardous waste, as well as identifying those positions
for which a written job description is necessary. Under the current
regulations, LQGs are responsible for complying with Sec.
262.34(a)(4), which references, among other technical requirements, the
personnel training provisions in Sec. 265.16. Under the proposed
reorganization discussed in section XIII, this condition for LQGs would
move into 40 CFR 262.17.
The current regulations are not specific about which personnel at
an LQG must complete the hazardous waste training. Other than stating
that under Sec. 265.16(a)(3) personnel must be able to respond
effectively to emergencies by familiarizing them with emergency
procedures, emergency equipment, and emergency systems, no other areas
of hazardous waste management are cited.
At issue is the scope of these training standards and the
applicability of the training provision to employees that are not
assigned to work in the 90-day accumulation areas. The Agency is
considering whether to require training and a written job description
for specific types of employees working in areas of hazardous waste
management related to 90-day accumulation areas. This clarification
would have the benefit of assisting LQGs in determining more readily
the scope of their hazardous waste training program.
The Agency, with the assistance of staff from the states of
Vermont, Connecticut and New York,\94\ have identified the following
areas of hazardous waste management for which personnel training and a
written job description should be required: Anyone who (1) completes
and/or signs the hazardous waste manifest, (2) manages hazardous waste
in areas where hazardous wastes are accumulated, (3) maintains
hazardous waste inventory, (4) conducts daily or weekly inspections of
areas where hazardous wastes are accumulated, and (5) plans or responds
to emergencies that involve hazardous wastes.
---------------------------------------------------------------------------
\94\ Correspondence between Steve Simoes, State of Vermont, with
Ross Bunnell and Bill Yeman, from Connecticut and New York,
respectively, a copy of which is found in the docket to this
proposal.
---------------------------------------------------------------------------
The Agency seeks comment on whether the regulations should
specifically identify positions at LQGs where hazardous waste training
would be required and for which a written job description is necessary
and what those areas should be. In addition, the Agency seeks comment
on whether personnel involved in handling or managing hazardous wastes
in SAAs should be required to undergo hazardous waste training. Current
Agency guidance excludes staff working in satellite accumulation areas
from the training requirements.\95\ The Agency is of the
[[Page 57964]]
opinion that such personnel have a similar need to know the risks
associated with hazardous wastes as personnel working in central
accumulation areas.
---------------------------------------------------------------------------
\95\ Memorandum from Robert Springer, Director of the Office of
Solid Waste to RCRA Directors, EPA Regions 1-10, ``Frequently Asked
Questions about Satellite Accumulation Areas,'' March 17, 2004, RCRA
Online 14703 https://yosemite.epa.gov/osw/rcra.nsf/0c994248c239947e85256d090071175f/0ac9e15424b2897d8525770600609793!OpenDocument.
---------------------------------------------------------------------------
8. Taking Comment on Applying Emergency Planning and Procedures
Revisions to Parts 264 and 265
The proposed revisions discussed throughout this section of the
preamble on the emergency planning and procedure regulations would only
pertain to generators, as the proposed language would be found in the
expanded generator regulations in part 262. However because many of the
preparedness and emergency procedure provisions discussed in this
section are taken from part 265 with only slight revisions, we are
taking comment on whether these same proposed revisions should also be
made in the applicable paragraphs of parts 264 and/or 265 as well to
ensure consistency between the generator regulations and those for
permitted facilities or facilities operating under interim status. The
Agency requests comment on whether these revisions for consistency
would be helpful and appropriate for facilities operating under part
264 or part 265 or whether the regulations should remain unchanged
despite the result that generators and TSDFs would be left with some
regulations that are very similar but not exactly the same.
I. Revisions to Satellite Accumulation Area Regulations for SQGs and
LQGs (40 CFR 262.34(c))
The Agency is proposing a number of changes that would revise and
strengthen the conditions for exemption for satellite accumulation
areas (SAA) at Sec. 262.34(c). These include (1) requiring SQGs and
LQGs accumulating hazardous waste in SAAs to comply with the special
requirements for incompatible wastes found at Sec. 265.177; (2)
providing limited exceptions to the regulation requiring generators to
keep containers closed at all times; (3) strengthening the marking and
labeling standards for SAAs (note these marking and labeling changes
are the same as those proposed for containers in central accumulation
areas); (4) confirming that three days means three consecutive calendar
days, not business days; (5) providing a maximum weight for the
accumulation of acute hazardous waste in SAAs in addition to a volume;
(6) rewording the regulations for when the maximum volume or weight is
exceeded in an SAA; (7) rescinding a guidance memo regarding the
accumulation of reactive (D003) hazardous waste away from the point of
generation; and (8) providing examples in the preamble to help
generators better understand the term ``under the control of the
operator,'' which is used in the SAA regulations.
In addition to these proposed changes, the SAA regulations would be
moved as part of the proposed reorganization. These regulations would
all be found together in Sec. 262.15. The reorganization is discussed
in section XIII of this preamble.
Using an SAA is not required of hazardous waste generators, but the
regulations allowing them and setting the conditions for their use are
designed to assist generators who generate and accumulate small amounts
of hazardous waste in different parts of their facilities. SQGs and
LQGs, however, may choose to accumulate hazardous waste only in central
accumulation areas (CAAs) rather than SAAs or they may accumulate up to
55 gallons of non-acute hazardous waste and/or one quart of acute
hazardous waste within each facility's SAAs and once that threshold has
occurred, ship the hazardous waste to a designated facility. A
generator may also accumulate hazardous waste within an SAA(s) and
never move the waste to a CAA once the 55 gallons limit is reached, but
instead, ship the waste directly to a RCRA designated facility.
1. Requiring SQGs and LQGs to Comply with the Special Requirements for
Incompatible Wastes for Containers Accumulating Hazardous Wastes in
SAAs
Under the current regulations in Sec. 262.34(c)(1)(i), generators
accumulating hazardous waste in SAAs must meet the conditions for
exemption, including complying with the container requirements at
Sec. Sec. 265.171, 265.172, and 265.173(a). These container
requirements include accumulating hazardous waste in containers of good
condition, ensuring the waste is compatible with, or will not react
with, the contents of the container, and ensuring that the container
accumulating hazardous waste is closed, except when it is necessary to
add or remove waste. We are proposing to modify this part of the SAA
container management standards by requiring that hazardous wastes not
be mixed or be placed in the same container with other hazardous waste
that are incompatible and could potentially result in fires,
explosions, gaseous emissions, leaching, or other discharge of
hazardous waste or hazardous waste constituents.\96\
---------------------------------------------------------------------------
\96\ See Comment in Sec. 265.177.
---------------------------------------------------------------------------
The Agency believes that in developing the regulations for SAAs, it
inadvertently failed to account for the potential for accumulating
incompatible wastes, especially since the current regulations already
prohibit placing hazardous waste in containers that it may react with
and that impair the containers ability to contain the hazardous waste.
Therefore, the Agency is proposing that SQGs and LQGs accumulating
hazardous waste in SAAs also comply with the part 265 subpart I
container management standards for incompatible hazardous wastes at
Sec. 265.177. The Agency believes most generators already are aware of
and comply with this best management practice at their SAAs since they
must comply with this regulation when they move the SAA container(s)
into a 90-day or 180-day central accumulation area.
The Agency requests comment on this proposed modification.
Effect of the Proposed Reorganization: This section is affected by
the proposed reorganization. The SAA regulations are currently at Sec.
262.34(c). We are proposing to move this provision to Sec.
262.15(a)(1)(iii). The reorganization is discussed in section XIII of
this preamble.
2. Limited Exceptions to Keeping Containers Closed at all Times in SAAs
As noted in the previous section, the current regulation in Sec.
262.34(c)(1)(i) for generators accumulating hazardous waste in SAAs
requires containers accumulating hazardous waste to be kept closed,
except when it is necessary to add or remove waste. The SAA regulations
reference the requirement in Sec. 265.173(a) that containers be closed
while accumulating hazardous wastes at interim status treatment,
storage and disposal facilities. We are proposing to modify this
provision from Sec. 262.34(c)(1)(i) in the new section for SAA
conditions at Sec. 262.15, but only as it pertains to SAAs; it will
not affect the requirements for container management at interim status
treatment, storage and disposal facilities. Because this modification
is only meant to apply to containers accumulating hazardous waste in
SAAs, and not to containers being stored at interim status treatment,
storage, or disposal facilities, we are proposing to modify this
requirement by eliminating the reference in the SAA regulations in part
262 to the container management standards for interim status treatment,
storage or disposal facilities at Sec. 265.173(a) and
[[Page 57965]]
incorporating the closed container provision directly into the SAA
regulations in Sec. 262.15, under the proposed reorganization.
Specifically, we are proposing to modify the standard in order to
allow containers of hazardous waste in SAAs to remain open under
limited circumstances. Specifically, we are proposing that containers
of hazardous waste in SAAs may be open when it is necessary either for
the operation of equipment to which the SAA container is attached or to
prevent dangerous situations, such as the build-up of extreme pressure
or heat because closing a container can be more dangerous than keeping
it open temporarily in those situations. Stakeholders have identified
situations where keeping SAA containers closed can interfere with the
operation of equipment when the container is attached directly to the
equipment via piping or tubing. Stakeholders have also identified
situations in which closing a container can be more dangerous than
keeping it open temporarily; for example, when the hazardous waste is
very hot.
Therefore, EPA is proposing to modify the regulations to allow
containers to be vented in such situations. However, we are also
proposing that when the danger passes (e.g., the contents cool), then
the requirement to keep the container closed applies and when the
equipment is not in operation, the requirement to keep the container
closed applies.
As noted above, the flexibility proposed for containers to remain
open in specific situations applies only to containers in SAAs since
that is where hazardous waste initially accumulates. The Agency does
not anticipate that it is necessary to extend this flexibility to
containers of hazardous waste in central accumulation areas.
The Agency requests comment on this proposed modification.
Effect of the Proposed Reorganization: This section is affected by
the proposed reorganization. The SAA regulations are currently at Sec.
262.34(c). We are proposing to move this provision to Sec.
262.15(a)(1)(iv). The reorganization is discussed in section XIII of
this preamble.
3. Strengthening the Marking and Labeling Provisions for Containers in
SAAs
Currently, the regulations for SAAs in Sec. 262.34(c)(1)(ii)
require a generator to mark ``his containers either with the words
`Hazardous Waste' or with other words that identify the contents of the
containers'' [emphasis added]. The Agency is proposing two
modifications that would strengthen the labeling and marking
regulations for containers accumulating hazardous waste in SAAs. First,
EPA is proposing to change the ``or'' to an ``and'' and thus require
that generators mark containers in the SAA with both the words
``Hazardous Waste'' and other words to identify the contents of the
container that are accumulated in SAAs.
Second, EPA is proposing that generators also indicate the hazards
of the contents of the containers. EPA believes these proposed changes
will alert workers, emergency responders, and others to the potential
hazards posed by its contents. Identifying the hazard increases
awareness to workers and others who might come into contact with the
hazardous waste container and reduces potential risks to human health
and the environment from container mismanagement. As discussed
previously in section VIII.E, these changes are similar to those
proposed for containers stored in central accumulation areas.
Specifically, EPA is proposing to modify the marking and labeling
regulations for SAAs to require LQGs and SQGs to mark containers with
the following: (1) The words ``Hazardous Waste''; (2) other words that
identify the contents of the containers. Examples may include, but are
not limited to the name of the chemical(s), such as ``acetone'' or
``methylene dichloride,'' or the type or class of chemical, such as
``organic solvents'' or ``halogenated organic solvents'' or, as
applicable, the proper shipping name and technical name markings used
to comply with DOT requirements at 49 CFR part 172 subpart D; and (3)
an indication of the hazards of the contents of the container. Examples
of hazards include, but are not limited to, the applicable hazardous
waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic);
a hazard class label consistent with the DOT requirements at 49 CFR 172
part 172 subpart E (labeling); a label consistent with the OSHA Hazard
Communication Standard at 29 CFR 1920.1200; a chemical hazard label
consistent with the NFPA code 704; or a hazard pictogram consistent
with the United Nations' GHS. Generators also may use any other marking
and labeling commonly used nationwide in commerce that would alert
workers and emergency responders to the nature of the hazards
associated with the contents of the containers.
The pre-transport requirements of part 262 subpart C already
require hazardous waste generators to comply with the DOT labeling/
marking requirements of 49 CFR part 172. By requiring generators to
include other words that identify the contents of the containers, the
Agency is proposing that generators perform a task that is already
required when preparing the container prior to transporting the
hazardous waste off site for subsequent waste management. In addition,
the Agency is proposing to modify the marking and labeling of
containers prior to shipping the hazardous waste. We are proposing that
SQGs and LQGs can use the DOT hazard class labels to comply with the
new labeling and marking regulation for containers in SAA.
Alternatively, they may choose another method to indicate the hazards
of the container that suits them better, as noted above.
The Agency requests comment on these proposed changes.
Effect of the Proposed Reorganization: This section is affected by
the proposed reorganization. The SAA regulations are currently at Sec.
262.34(c). We are proposing to move this provision to Sec.
262.15(a)(1)(v). The reorganization is discussed in section XIII of
this preamble.
4. Clarify What Is Meant by ``Three Days''
The current regulations at Sec. 262.34(c)(2) state that a
generator who accumulates either hazardous waste or acutely hazardous
waste must, with respect to that amount of excess waste, comply
``within three days'' with paragraph (a) of that section or other
applicable provisions of the chapter. The Agency is proposing to state
in the regulations that the term ``three days'' means three consecutive
calendar days, not three business days or three working days. The
Agency has already clarified this term in a memo, which was based on
preamble discussions from the proposed and final SAA
regulations.97 98 As stated in the memo, ``Originally, the
Agency had proposed to use 72 hours as the time limit but realized that
determining when 72 hours had elapsed would have required placing both
the date and time of day on containers. In the final rule the Agency
switched to using three days so that generators only need to date
containers that hold the excess of 55 gallons of non-acute hazardous
waste (or 1 quart of acute hazardous waste).''
---------------------------------------------------------------------------
\97\ Memorandum from Robert Springer, Director of EPA's Office
of Solid Waste, to RCRA Regional Directors, ``Frequently Asked
Questions About Satellite Accumulation Areas,'' March 17, 2004, RCRA
Online 14703.
\98\ Proposed rule: January 3, 1983 48 FR 118; Final rule:
December 20, 1984; 49 FR 49569.
---------------------------------------------------------------------------
The Agency requests comment on this codification of an existing
interpretation.
[[Page 57966]]
Effect of the Proposed Reorganization: This section is affected by
the proposed reorganization. The SAA regulations are currently at Sec.
262.34(c). We are proposing to move this provision to Sec.
262.15(a)(2)(i). The reorganization is discussed in section XIII of
this preamble.
5. Providing a Maximum Weight for the Accumulation of Acute Hazardous
Waste in Containers at SAAs
Currently, the regulations at Sec. 262.34(c)(1) impose maximum
volumes of hazardous waste that may be accumulated in an SAA without
requiring a permit, complying with interim status standards, or
complying with the generator accumulation standards. For non-acute
hazardous waste, the maximum volume is 55 gallons. For acute hazardous
waste, the maximum volume is 1 quart. When the SAA regulations were
finalized, EPA explained that 55 gallons was selected for non-acute
hazardous waste in part because it is the size of the most commonly
used accumulation container.\99\ EPA also explained that 1 quart was
chosen for acute hazardous waste because it is the volumetric
equivalent to 1 kilogram of acute hazardous waste used elsewhere in the
regulations and commenters expressed opposition to using a weight
measure. Since then, however, stakeholders have indicated that the 1-
quart volume maximum is not a practical way to measure the accumulation
of some wastes, particularly non-liquid acute hazardous wastes.
Therefore, we are proposing to add a weight measurement to the SAA
regulations for the maximum accumulation of acute hazardous wastes.
Specifically, we are proposing that 1 quart or 1 kilogram (2.2 pounds)
of acute hazardous waste may be accumulated in an SAA. Generators that
accumulate acute hazardous waste in SAAs will have the choice of
whether to use 1 quart or 1 kilogram, but they will be required to
identify which metric they choose to use.
---------------------------------------------------------------------------
\99\ December 20, 1984; 49 FR 49569-70.
---------------------------------------------------------------------------
We are not proposing to add a similar weight equivalent to the 55-
gallon threshold for non-acute hazardous waste since stakeholders have
not expressed a similar need. However, we request comment on whether it
would be useful to have a maximum weight for the accumulation of non-
acute hazardous waste in SAAs.
Effect of the Proposed Reorganization: This section is affected by
the proposed reorganization. The SAA regulations are currently at Sec.
262.34(c). We are proposing to move this provision to Sec.
262.15(a)(1). The reorganization is discussed in section XIII of this
preamble.
6. Modifying the Language for When the Maximum Volume or Weight Is
Exceeded in an SAA
Currently, the regulation at Sec. 262.34(c)(2) states that when
the maximum volumes are exceeded in an SAA, a generator ``must, with
respect to that amount of excess waste, comply within three days with
paragraph (a) of this section or other applicable provisions of this
chapter.'' The Agency is rewording this regulation in order to more
clearly state the generator's options for managing the materials that
exceed the limit. The proposed regulatory text states that a generator
who accumulates either non-acute hazardous waste or acute hazardous
waste listed in Sec. 261.31 or Sec. 261.33(e) in excess of the
amounts listed in paragraph (a)(1) of this section at or near any point
of generation must remove the excess from the satellite accumulation
area within three calendar days either to a central accumulation area,
an on-site interim status or permitted treatment, storage, or disposal
facility, or an off-site designated facility. Similarly, during the
three-calendar-day period the generator must continue to comply with
paragraphs (a)(1)(i) through (iv) of this section and must mark the
container(s) holding the excess accumulation of hazardous waste with
the date the excess amount began accumulating.
The Agency does not view this as a substantive change to the SAA
regulations. Nevertheless, the Agency solicits comments on this
proposed change.
Effect of the Proposed Reorganization: This section is affected by
the proposed reorganization. The SAA regulations are currently at Sec.
262.34(c). We are proposing to move this provision to Sec.
262.15(a)(6). The reorganization is discussed in section XIII of this
preamble.
7. Rescinding a Memo Regarding Accumulating Reactive Hazardous Waste
Away From the Point of Generation
In a memo dated January 13, 1988, EPA wrote that a storage shed
that is outside of a building where a reactive hazardous waste (D003)
is initially generated, could be considered an SAA.\100\ EPA is
proposing to revoke this interpretation. EPA acknowledges that in some
instances it is safer to accumulate hazardous waste away from the
initial point of generation, such as with hazardous wastes that are
explosive. However, because SAAs are subject to less stringent
conditions than CAAs, EPA believes it is not appropriate for such
dangerous hazardous wastes to be stored in SAAs. Rather, EPA believes
that if a generator accumulates hazardous waste that is so dangerous it
needs to be accumulated away from the point of generation, it should be
accumulated under the more rigorous accumulation standards for central
accumulation areas.
---------------------------------------------------------------------------
\100\ Letter from Marcia E. Williams, Director of EPA's Office
of Solid Waste, to Michael E. Young, Atlantic Research Corporation,
January 13, 1988, RCRA Online 11317.
---------------------------------------------------------------------------
The Agency requests comment on proposing to revoke this
interpretation of the SAA regulations.
8. Examples of the Meaning of ``Under the Control of the Operator''
The SAA regulation at Sec. 262.34(c)(1) uses the term ``under the
control of the operator.'' EPA has not defined this term in the
regulations, nor have we discussed it in preamble or guidance letters.
However, over the years, the Agency has received inquiries about what
constitutes ``under the control of the operator.'' In an effort to
assist generators to better understand this term and to foster improved
compliance with the SAA provisions, the Agency is providing examples in
this preamble of what constitutes ``under the control of the
operator.'' For example, EPA would consider waste to be ``under the
control of the operator'' if the operator controlled access to an area,
building, or room that the SAA is in, such as with entry by access
card, key or lock box. Another example would be if the operator
accumulates waste in a locked cabinet and controlled access to the key,
even if the cabinet is stored inside a room to which access is not
controlled.
The Agency requests comment on additional practices that would
constitute ``under the control of the operator.''
J. SQGs Accumulating Hazardous Waste on Drip Pads and in Containment
Buildings (40 CFR 262.34(d))
EPA is proposing to modify the regulations at Sec. 262.34(d) to
require SQGs that accumulate hazardous waste for 90 days or less on
drip pads without a permit or interim status to comply with the
technical standards of 40 CFR part 265 subpart W and with all other
conditions for an exemption associated with the accumulation of
hazardous waste by an SQG.
Additionally, EPA is proposing to modify the conditions for an
exemption currently at Sec. 262.34(d) to require SQGs that accumulate
hazardous waste for 90 days or less in a containment building
[[Page 57967]]
without a permit or interim status to comply with the technical
standards of 40 CFR part 265 subpart DD and with all other conditions
for exemption associated with the accumulation of hazardous waste by an
SQG.
1. Accumulation of Hazardous Waste on Drip Pads
On December 30, 1988, EPA issued a proposed rule listing three
additional hazardous wastes from wood preserving operations that use
chlorophenolic, creosote, and/or inorganic (arsenic and chromium)
preservatives, and listing one hazardous waste from surface protection
processes that use chlorophenolics (53 FR 53282). As part of this rule,
the Agency proposed additional standards ``applicable to drip pads in
treated wood storage yards and in kick back areas used in managing
hazardous wastes at wood preserving and surface protection facilities.
These standards are intended to provide for proper handling of treated
wood drippage'' (53 FR 53308).
In terms of the types of RCRA facilities this regulation would
apply to, the proposed rule identified and discussed the regulatory
requirements for two groups: Hazardous waste TSDFs subject to the part
264 permitting standards and LQGs subject to the part 265 interim
status drip pad standards. More specifically, the preamble stated that
``in the event that drippage is collected and is moved from the drip
pad within 90 days following generation, generators may avail
themselves of the 90-day accumulation standards of 40 CFR 262.34, and
would not need Part B permits for their drip pads or tanks (consistent
with Sec. 264.1(g)(3), 265.1(c)(7), and 270.1(c)(2)(i)) provided that
they comply with the Part 265 standards, as required by 40 CFR 262.34''
(53 FR 53309).
When EPA promulgated the final rule for these hazardous wastes (55
FR 50450, December 6, 1990), the discussion addressed the same universe
of facilities (i.e., hazardous waste TSDFs subject to the part 264
permitting standards and LQGs subject to the part 265 interim status
drip pad standards).
Pursuant to Sec. 262.34(a), LQGs may accumulate the hazardous
waste they generate without having to obtain a RCRA permit provided
they comply with several specified conditions, including the technical
standards for containers, tanks, drip pads, or containment buildings
found at part 265 subparts I, J, W, and DD, respectively. Similarly,
pursuant to Sec. 262.34(d), SQGs may accumulate the hazardous waste
they generate without having to obtain a permit, provided they comply
with several specified conditions, including the technical standards
for containers and tanks found at part 265 subparts I and J,
respectively. Although there is no explicit condition for SQGs
accumulating and managing their hazardous waste on drip pads, EPA
intended SQGs accumulating hazardous wastes on drip pads either to
comply with all of the conditions for exemption, as well as any
associated independent requirements for LQGs at part 265 subpart W, or
else obtain a Part B permit for their drip pads (consistent with
Sec. Sec. 264.1(g)(3), 265.1(c)(7), and 270.1(c)(2)(i)).
EPA has consistently interpreted this regulatory requirement to
apply to SQGs. For example, as stated in the wood preserving technical
guidance document issued by EPA in 1996, a copy of which is found in
the docket, ``this 90-day limit applies to both large quantity and
small quantity generators. While small quantity generators may normally
accumulate hazardous waste in accumulation units for up to 180 days,
this is not the case for small quantity generators accumulating waste
on Subpart W drip pads. Owners/operators of wood preserving facilities
who generate between 100-1,000 kilograms of hazardous waste per
calendar month and who accumulate the waste on drip pads are not
eligible for the reduced standards normally provided for small quantity
generators. Instead, these generators must comply with all the
management conditions for large quantity generators accumulating
hazardous waste on drip pads.'' \101\
---------------------------------------------------------------------------
\101\ ``Wood Preserving Resource Conservation and Recovery Act
Compliance Guide--A Guide to Federal Environmental Regulation,''
U.S. EPA, EPA-305-B-96-001, June 1996, Section 5-8.
---------------------------------------------------------------------------
Similarly, the RCRA training module for drip pads, a copy of which
is found in the docket to this proposal, reinforced this principle by
stating the following: ``Under Sec. 262.34(d), small quantity
generators (SQGs) are subject to a reduced set of requirements when
accumulating hazardous wastes in tanks or containers meeting the
interim status unit standards. SQGs who accumulate wood-preserving
wastes on drip pads do not qualify for this partial exemption.
Consequently, all generators of more than 100 kilograms of waste per
month who manage wood-preserving wastes on drip pads must comply with
the requirements applicable to LQGs in Sec. 262.34(a). As a result,
the maximum generator accumulation time period on drip pads is 90
days.'' \102\
---------------------------------------------------------------------------
\102\ ``Introduction to Drip Pads (40 CFR parts 264 and 265,
subpart W),'' RCRA, Superfund & EPCRA Call Center Training Module,
U.S. EPA, EPA530-K-02-008I, October 2001, page 7.
---------------------------------------------------------------------------
At the end of the same paragraph, the document states, ``Generators
using drip pads must also comply with the requirements that apply to
large quantity generators for personnel training, development of a full
contingency plan, and biennial reporting,'' suggesting that SQGs
accumulating hazardous waste on drip pads must comply with all of the
conditions and independent requirements for LQGs, and not just the
accumulation time limits.
Because of this statement, the Agency believes that confusion may
potentially exist about the applicability of the regulations. As stated
above, if an SQG accumulates hazardous waste in containers, it can
comply with a reduced set of regulations, including accumulation of
hazardous waste for up to 180 days, whereas if the SQG accumulates
hazardous waste on drip pads, it must comply with the regulations for
LQGs. The Agency believes a more effective and efficient approach is to
require SQGs accumulating hazardous waste on drip pads to comply with
the technical standards of part 265 subpart W, including compliance
with the LQG 90-day accumulation limit (as opposed to the SQG 180-day
accumulation limit), but to otherwise comply with less stringent
conditions for SQGs found at 40 CFR 262.34(d). EPA notes that hazardous
waste that is generated elsewhere at the wood preserving facility and
accumulated in tanks or containers (i.e., not accumulated on drip pads)
will remain subject to the SQG accumulation limits. Only waste that is
accumulated on drip pads must comply with the LQG accumulation
limits.\103\
---------------------------------------------------------------------------
\103\ ``Wood Preserving Resource Conservation and Recovery Act
Compliance Guide--A Guide to Federal Environmental Regulation,''
U.S. EPA, EPA-305-B-96-001, June 1996, Section 5-8.
---------------------------------------------------------------------------
Because both the monthly generation quantities (e.g., greater than
100 kg and less than 1,000 kg) and accumulation total (e.g., not to
exceed 6,000 kg at any one time) for SQGs are significantly less than
the generation and accumulation quantities for LQGs, the Agency
believes that SQGs complying with the less stringent conditions at
Sec. 262.34(d) (e.g., personnel training, contingency plan) will be
protective of human health and the environment. Other than complying
with the management standards at 40 CFR part 265 subpart W, the Agency
sees no difference in the risks associated with hazardous wastes
accumulated in tanks or containers. Therefore, EPA is proposing to
modify the SQG regulations to require SQGs who
[[Page 57968]]
accumulate hazardous waste on drip pads to comply with the technical
standards of 40 CFR part 265 subpart W, with the 90-day accumulation
limit for that hazardous waste, and with all of the other hazardous
waste accumulation standards for an SQG currently found at Sec.
262.34(d).
Situations may also occur where an SQG initially accumulates
hazardous waste on a drip pad but subsequently transfers this waste to
a container or tank for subsequent management. Similarly, the opposite
situation may occur where hazardous wastes are generated and first
accumulated by an SQG in a tank or in containers and then transferred
to a drip pad. The Agency is proposing that the SQG have up to a total
of 180 days to accumulate the hazardous wastes, which includes both the
time the waste is on a drip pad and when it is in a tank or container,
but that the total amount of time to accumulate the hazardous waste on
the drip pad must not exceed 90 days. For example, if an SQG
accumulates hazardous wastes on a drip pad for 80 days prior to
transferring its waste to a tank, the SQG would be able to accumulate
waste up to 100 days in the tank before it would be required to send it
off-site for subsequent waste management, or conversely, treat and
dispose of the waste on-site in compliance with all applicable RCRA
regulations under parts 262 through 268 and 270.
In the case of an SQG first accumulating a hazardous waste in a
tank or container and then transferring the waste to a drip pad, the
generator would still have up to a total of 180 days, depending on the
circumstances, to send the waste off-site for subsequent waste
management, or conversely, treat and dispose of the waste on-site in
compliance with all applicable RCRA regulations under parts 262 through
268 and 270. However, under the proposal, the amount of time allowed
for the SQG to accumulate the hazardous waste on a drip pad may not
exceed 90 days. For example, if an SQG first accumulated hazardous
wastes in a tank or container for 100 days and then transferred the
waste to a drip pad, the SQG would be able to accumulate up to 80 days
more (for a total of 180 days) to accumulate the waste on the drip pad
before the generator would be required to send the waste off-site for
subsequent waste management, or conversely, treat and dispose of the
waste on-site in compliance with all applicable RCRA regulations under
parts 262 through 268 and 270.
However, if an SQG first accumulated hazardous wastes in a tank or
container for 80 days and then transferred the waste to a drip pad, the
SQG would only have 90 days more (or a total of 170 days) to accumulate
the waste on the drip pad before the generator sent the waste off-site
for subsequent waste management, or conversely, treat and dispose of
the waste on-site in compliance with all applicable RCRA regulations
under parts 262 through 268 and 270.
EPA solicits comments on these proposed revisions. In particular,
EPA requests comment on whether SQGs accumulating hazardous waste on
drip pads should be subject to the accumulation time limit of 180 days,
similar to SQGs accumulating hazardous wastes in containers and tanks.
Conversely, EPA is seeking comment on whether SQGs accumulating
hazardous waste on drip pads should be subject to all applicable
conditions and requirements for LQGs, and not just the 90-day
accumulation time limit.
The Agency also requests comment on the procedures for documenting
and ensuring hazardous wastes are removed from the sump or collection
system 90 days or less from being first placed on the drip pad and also
for situations where hazardous waste accumulation involves both drip
pads and containers or tanks.
Effect of the Proposed Reorganization: This section is affected by
the proposed reorganization. As part of the reorganization in this
action, EPA is proposing to move the conditions for exemption for SQGs
accumulating hazardous waste from Sec. 262.34 to Sec. 262.16. The
proposed drip pad conditions for SQGs can be found at Sec.
262.16(b)(4). The reorganization is discussed in section XIII of this
preamble.
2. Accumulation of Hazardous Waste in Containment Buildings
Consistent with the changes proposed for hazardous wastes
accumulated on drip pads by SQGs, the Agency is also proposing that
SQGs that accumulate hazardous waste in containment buildings for 90
days or less without a permit or interim status must comply with the
technical standards of part 265 subpart DD and with all other
conditions associated with the accumulation of hazardous waste by SQGs
currently found at Sec. 262.34(d).
Similar to the drip pad regulations, the containment building
regulations promulgated in 1992 (August 18, 1992, 57 FR 37194) did not
discuss the possibility of an SQG accumulating hazardous wastes in a
containment building, but instead only discussed TSDFs and LQGs
accumulating hazardous waste in containment buildings (57 FR 37212).
Thus, under the current regulations, SQGs that choose to manage
hazardous wastes in containment buildings can only do so if they comply
with the LQG requirements or obtain a Part B permit for their
containment building.
EPA is proposing to modify the regulations to allow SQGs to
accumulate hazardous wastes in containment buildings for 90 days or
less without a permit or without having interim status provided they
comply with the technical standards of part 265 subpart DD and comply
with all other conditions associated with the accumulation of hazardous
waste by an SQG found at Sec. 262.34(d). As with wastes accumulated by
SQGs on drip pads, the Agency believes that SQGs complying with the
less stringent conditions at Sec. 262.34(d) (e.g., personnel training,
contingency plan) will be protective of human health and the
environment and other than complying with the management standards at
40 CFR part 265 subpart DD, the Agency sees no difference in the risks
associated with hazardous wastes accumulated in tanks or containers.
As with drip pads, situations may potentially arise where hazardous
wastes are first accumulated in a containment building and then
transferred to containers for subsequent accumulation, or vice-versa.
The Agency is proposing the same framework as described in the
discussion on drip pads above for how long SQGs may accumulate
hazardous wastes in a containment building to maintain their hazardous
waste accumulation exemption.
EPA solicits comments on this proposed revision. In particular, EPA
requests comment regarding whether SQGs accumulating hazardous waste in
containment buildings should be subject to the accumulation time limit
of 180 days, similar to SQGs accumulating hazardous wastes in
containers and tanks or, conversely, whether SQGs accumulating
hazardous waste in containment buildings should be subject to all
applicable conditions for an exemption and independent requirements for
LQGs, and not just the 90-day accumulation time limit. EPA also seeks
comment on situations where hazardous waste accumulation involves both
containment buildings and containers or tanks.
Effect of the Proposed Reorganization: This section is affected by
the proposed reorganization. As part of the reorganization in this
action, EPA is proposing to move the conditions for
[[Page 57969]]
exemption for SQGs accumulating hazardous waste from Sec. 262.34 to
Sec. 262.16. The proposed containment building regulations for SQGs
can be found at Sec. 262.16(b)(5). The proposed containment building
regulations for LQGs can be found at Sec. 262.17(a)(4). The
reorganization is discussed in section XIII of this preamble.
K. Deletion of Performance Track Regulations
EPA launched The National Environmental Performance Track in 2000
to provide regulatory and administrative benefits to Performance Track
members. Performance Track was a public-private partnership that
encouraged continuous environmental improvement through use of
environmental management systems, community outreach, and measurable
results. In order to provide regulatory benefits to members, EPA made
changes to the RCRA hazardous waste regulations, among others, that
specifically referenced members of Performance Track.
EPA terminated the Performance Track program in 2009. Therefore,
EPA is proposing to remove obsolete references to Performance Track in
the RCRA hazardous waste regulations as a part of this rulemaking. In
some cases, a whole paragraph of regulation will be removed and in
other instances we will remove just the part of the paragraph that
references Performance Track. The deleted paragraphs would then be
reserved to reduce the possibility of confusion by replacing them with
other regulations. The references that would be removed would be the
following:
Sec. 260.10: Definition of Performance Track member
facility;
Sec. 262.34(j), (k), and (l): Regulations for
accumulation of hazardous waste by LQGs in Performance Track;
Sec. 262.211(c): Two parenthetical references to Sec.
262.34 (j) and (k) in the regulations for academic labs in subpart K of
part 262;
Sec. Sec. 264.15(b)(4) and 265.15(b)(4): References to
the requirements for inspection of areas of the facility subject to
spills in Sec. Sec. 264.15(b)(5) and 265.15(b)(5), respectively;
Sec. Sec. 264.15(b)(5) and 265.15(b)(5): Requirements for
Performance Track member facilities that reduce inspection frequency
for areas subject to spills;
Sec. Sec. 264.174 and 265.174: References to Performance
Track requirements for inspections of areas where containers are
stored;
Sec. Sec. 264.195(e), 265.195(d), and 265.201(e):
Requirements for Performance Track member facilities for inspections of
tank systems;
Sec. Sec. 264.1101(c)(4) and 265.1101(c)(4): Requirements
for Performance Track member facilities for reduced inspections of
containment buildings;
Sec. 270.42(l): Procedures for permit modifications for
Performance Track member facilities; and
Appendix 1 to Sec. 270.42--Classification of Permit
Modification, Section O.1: Indication that a permit modification for
reduced inspections for a Performance Track member facility is a Class
1 permit modification.
The provisions that EPA is proposing to remove were added to the
regulations in the National Environmental Performance Track Program
final rule, dated April 22, 2004 (69 FR 21737), the Resource
Conservation and Recovery Act Burden Reduction Initiative final rule,
dated April 4, 2006 (71 FR 16862), and the Academic Laboratories final
rule, dated December 1, 2008 (73 FR 72912). The Agency is requesting
comment on whether there are additional references to the Performance
Track program in the RCRA hazardous waste regulations that should be
removed as a part of this rulemaking.
Effect of the Proposed Reorganization: This section is not affected
by the proposed reorganization.
L. Clarification of Biennial Reporting Requirements (40 CFR 262.41)
EPA is proposing to modify the biennial reporting regulations for
generators found at 40 CFR 262.41 in order to make the regulations
consistent with Agency guidance, including its biennial report
instructions and forms. More specifically, the Agency is proposing the
following revisions: (1) Only LQGs need to submit biennial reports; (2)
LQGs must report all of the hazardous waste they generate for the
entire reporting year, not just the month(s) the generator was an LQG;
(3) LQGs completing a biennial report must report all hazardous wastes
they generated in the reporting year, regardless of whether they
transferred the waste off site during the reporting year; and (4) a
reference to the biennial report form (EPA form 8700-13) at Sec.
262.41 rather than the list of specific data elements in currently at
that citation.
Additionally, EPA is proposing to modify the title of subpart D
from ``Recordkeeping and Reporting'' to ``Recordkeeping and Reporting
Applicable to Small and Large Quantity Generators'' in order to
highlight which entities need to comply with this subpart.
1. Biennial Report Requirements Are Only Applicable to LQGs
The first proposed change is to modify the biennial reporting
regulations in Sec. 262.41 to make these only applicable to LQGs (and
thus not applicable to SQGs and CESQGs). Currently, the biennial report
regulations at Sec. 262.41(a) and (b) refer to ``a generator'' and
``any generator,'' but do not further specify which categories of
generators must complete and submit a biennial report. However, current
EPA guidance, as well as a 1986 FR notice, states that only LQGs must
complete and submit a biennial report to EPA.104 105 To
reduce confusion between the regulations and EPA's current guidance
regarding the applicability of biennial reporting requirements, EPA is
proposing to modify Sec. 262.41 to state that only LQGs are required
to complete and submit a biennial report. This proposed change would
not result in a substantive change to the existing regulations, but
would make clear who is required to submit the biennial report.
Additionally, EPA is proposing to modify the phrase ``prepare and
submit'' which is the existing language in Sec. 262.41, to ``complete
and submit'' because the Agency believes that ``complete and submit''
more accurately reflects that LQGs must complete all applicable
elements of the biennial report forms.
---------------------------------------------------------------------------
\104\ The Federal Register notice states, ``the Agency is today
finalizing the proposed exemption from the biennial report
requirements of Sec. 262.41 for generators of 100-1000 kg/mo,
including an exemption from the provisions of this section requiring
a description of efforts taken during the reporting year to minimize
waste generation.'' (51 FR 10160, March 24, 1986). Additionally,
EPA's Hazardous Waste Report Instructions and Forms specify that
only LQGs (as well as facilities that treat, store, or dispose of
RCRA hazardous waste on-site) must complete and file the biennial
report (https://www.epa.gov/osw/inforesources/data/biennialreport/index.htm).
\105\ Both EPA and the states have received questions from
generators regarding whether they must submit a biennial report.
---------------------------------------------------------------------------
Effect of the Proposed Reorganization: This section is not affected
by the proposed reorganization.
2. LQGs Must Report All Hazardous Waste Generated During the Reporting
Year, Not Just for the Month(s) the Generator Was an LQG
The second proposed change is to modify the biennial reporting
regulations to require LQGs to report all of the hazardous waste they
generate for the entire reporting year, not just the month(s) the
generator was actually an LQG. (Additionally, if EPA were to make final
the proposed provision allowing an LQG to receive hazardous waste from
a CESQG under control of
[[Page 57970]]
the same person, an LQG would also have to report the waste it received
during the reporting year. See section VII.C of the preamble for
discussion of this provision.) The Agency is proposing this change
since there have been different positions provided by EPA regarding
whether LQGs must report on the amount of hazardous waste generated and
managed for the entire reporting year or only for those months they
were an LQG, and, thus, were subject to the LQG standards, including
biennial reporting. In addition, although the vast majority of states
require LQGs to report the total amount of hazardous waste they
generate for the entire reporting year, even if they were an LQG for
only one calendar month, there are at least two states that only
require LQGs to report the amount of hazardous waste generated and
managed for those months they were an LQG.\106\
---------------------------------------------------------------------------
\106\ Relatedly, EPA is also proposing to allow CESQGs and SQGs
that generate additional amounts of hazardous waste in response to
an episodic event that would have required a bump up in generator
category to maintain their generator category provided certain
conditions are met. See section IX of this preamble for more
information.
---------------------------------------------------------------------------
Specifically, in a 1980 Federal Register notice, the Agency stated,
``The recordkeeping and reporting requirements of part 262 apply,
however, only to those periods in which the generator's hazardous waste
is subject to full regulation under part 262. Thus, for example, the
annual report of a generator whose waste is subject to full regulation
under part 262 for three months in a year would cover the generator's
activity only for those three months'' (45 FR 76621, November 19,
1980). However, current EPA guidance in the Hazardous Waste Report
Instructions and Forms instructs generators to report the total
quantity of hazardous waste generated during the reporting year. The
regulations in Sec. 262.41 are silent on this issue.
In the interest of national consistency, EPA proposes to modify the
regulations at Sec. 262.41 to require LQGs to report the total amount
of hazardous waste generated during the entire reporting year. EPA
believes that this change will ensure a more complete and reliable
estimate on the total amount of hazardous waste generated in order to
support various RCRA program development and implementation efforts by
EPA and the states.
The Agency does not anticipate significant added burden from this
provision. First, EPA knows of only two states (Idaho and Kentucky)
that currently require generators to report only those hazardous wastes
generated during the months the generator was an LQG. Thus, this
modification will only affect a small percentage of the LQG universe
that in certain months are not LQGs. Second, these LQGs are already
completing a biennial report, so the change in burden will be in
reporting the additional amounts of hazardous waste they generate for
the remaining months of the reporting year that they were not an LQG.
Third, generators are already required under Sec. 261.5(c) and (d) to
count the amount of hazardous waste they generate monthly to determine
their regulatory status and thus would be counting hazardous waste
during months they are not LQGs. Fourth, most generators transfer the
hazardous waste they generate off site and, thus, should be able to use
their hazardous wastes manifests to calculate the total amount of
hazardous wastes they generate annually.
Effect of the Proposed Reorganization: This section is not affected
by the proposed reorganization.
3. LQGs Must Report All Hazardous Waste Generated During the Reporting
Year, Regardless of When the Waste Was Transferred Off Site
The third proposed change requires LQGs completing a biennial
report to report all hazardous wastes they generated during the
reporting year, regardless of when the hazardous waste was transported
off site. Although the current biennial report instructions clearly
state that LQGs should report the total quantity of hazardous waste
that was generated during the reporting year, the regulations do not
address cases in which the generator generates hazardous waste during
the reporting year, but ships the waste off site during the next
calendar year.
For purposes of completeness and to be consistent and avoid
confusion with the current biennial report and its instructions, the
Agency is proposing to state in Sec. 262.41 that LQGs must report all
hazardous wastes they generate in the reporting year, regardless of
when the generated hazardous waste was transferred off site. The Agency
believes that this change will not pose a significant burden since the
information is already available; it is simply stating clearly in which
year the data is reported.
Effect of the Proposed Reorganization: This section is not affected
by the proposed reorganization.
4. Replace the List of Specific Data Elements With an Independent
Requirement To Complete and Submit All Data Elements Required in the
Biennial Report Form (EPA Form 8700-13)
EPA is proposing to modify the regulations at 40 CFR 262.41 to
eliminate the specific list of data elements and to require the
completion and submission of all data elements contained in the
biennial report form (EPA form 8700-13).
Section 262.41(a) currently requires that the biennial report
include a specific list of data elements, including the name, address,
and EPA ID number of the generator and each transporter and TSDF, the
EPA hazardous waste number for each hazardous waste shipped off site,
and a signed certification, among other things.
In the nearly three decades since the biennial report regulations
were first promulgated, EPA's biennial report form and instructions
have evolved to enable better data analysis and to reduce burden, where
possible. Thus, the regulations at Sec. 262.41 no longer accurately
reflect the data elements currently listed in EPA's biennial report
instructions and forms. For example, current EPA guidance for biennial
reporting requires generators to identify their hazardous wastes using
not only the EPA hazardous waste number, but also using source, form,
and management method codes. Additionally, EPA no longer requires the
collection of the name and EPA identification number of each
transporter in the biennial report. In order to maintain consistency
between the regulations at Sec. 262.41 and the EPA biennial report
instructions and forms, EPA is proposing to remove the list of specific
data elements currently in the regulations and to simply require
completion and submission of all the data elements required in EPA form
8700-13. This change eliminates the need to update the list of data
elements in the regulations, which would require periodic rulemakings,
every time that changes were made to the information to be provided.
At least every three years, EPA's biennial report instructions and
forms are reviewed and approved through the information collection
request (ICR) process under the Paperwork Reduction Act (PRA). The PRA
requires EPA to issue proposed and final notices in the Federal
Register and to provide opportunity for public comment, thus ensuring
that the regulated community is informed and has the opportunity to
comment on the report instructions and
[[Page 57971]]
form. The PRA also requires approval by the Office of Management and
Budget. Eliminating the list of specific data elements currently in the
regulations therefore does not eliminate public input and avoids
duplication with the review and approval processes established under
the PRA.
EPA does not believe this change in any way affects the
enforceability of the biennial reporting regulations. Generators must
complete and submit all information required by EPA form 8700-13. EPA
also notes that this approach is similar to the current regulations at
Sec. 262.12, which require generators to obtain an EPA identification
number using EPA form 8700-12 (Site ID form). Section 262.12 does not
contain an itemized list of specific data elements contained in EPA
form 8700-12. Instead, it requires the completion and submission of the
specified form.
EPA also notes that some states develop their own biennial report
forms, based on the federal forms. EPA does not believe this proposed
change would impact the biennial reporting processes in these states.
Authorized states that use a different form for collecting biennial
report information would simply refer to their authorized state form in
their state regulations.
5. Request for Comment
The Agency requests comment on the proposed changes to Sec.
262.41. EPA also specifically requests whether commenters believe the
proposed change to eliminate the specific data elements in Sec. 262.41
will ease compliance and understanding of the current biennial
reporting procedures.
M. Provision Prohibiting Generators from Disposing of Liquids in
Municipal Solid Waste Landfills (Proposed Sec. 262.14 and Sec.
262.35)
EPA is proposing to add a paragraph at Sec. 262.14 (for CESQGs)
and Sec. 262.35 (for SQGs and LQGs) that hazardous waste generators
are prohibited from disposing of liquid hazardous wastes in landfills.
This is not a new requirement; it is a reflection of existing
regulations found at Sec. 258.28 for municipal solid waste landfills
(MSWLFs), and Sec. Sec. 264.314 and 265.314 for permitted and interim
status hazardous waste landfills. The Agency believes it is important
to emphasize that the responsibility for complying with this provision
not only resides with municipal and hazardous waste haulers and
landfill operators, but also with hazardous waste generators.
The restriction for disposal of liquid hazardous waste in MSWLFs
has been in place since 1991 at Sec. 258.28 and specifically restricts
``bulk or noncontainerized liquid wastes, except (1) household wastes
(other than septic wastes), and (2) leachate and gas condensate that is
derived from the MSWLF unit where the unit is equipped with a composite
liner and a leachate collection system. . . designed and constructed to
maintain less than 30 centimeters of leachate over the liner'' (56 FR
51055, October 9, 1991).\107\
---------------------------------------------------------------------------
\107\ The prohibition on liquid wastes in MSWLFs applies to all
liquid wastes and not just liquid hazardous wastes.
---------------------------------------------------------------------------
In the same preamble, EPA went on to state that liquids
restrictions are necessary because the disposal of liquids into
landfills can be a significant source of leachate generation and that
restricting the introduction of liquids into landfills would minimize
the leachate generation potential of landfills and reduce the risk of
liner failure and subsequent contamination of the ground water.\108\
The special requirements for bulk and containerized liquids in part 264
address similar concerns about the management of liquids in
landfills.\109\
---------------------------------------------------------------------------
\108\ 56 FR 51055, October 9, 1991.
\109\ 40 CFR 264.314(a) and 265.314(a).
---------------------------------------------------------------------------
Under current practices and operations, the primary onus for seeing
that hazardous waste liquids are restricted from landfills generally
resides with the hauler. Should a random inspection at a landfill of
the hauler's waste find liquid hazardous waste, the landfill operator
cannot accept the hauler's waste without violating its landfill permit.
As a result, the hauler would be required to transport its waste back
to the generator or to a RCRA-permitted treatment facility and pay the
significantly higher tipping fees for any required treatment prior to
disposal. While the waste management hauler or transporter can provide
a measure of oversight, ultimately the hauler must rely on the due
diligence and waste management practices of the hazardous waste
generator to avoid such an outcome. In other words, the hazardous waste
generator is responsible for ensuring that hazardous waste liquids are
not disposed of in landfills.
Considering the importance of restricting liquid hazardous wastes
in landfills, the Agency believes including a mirror provision in the
40 CFR part 262 hazardous waste generator regulations would increase
awareness, and thus compliance, by generators with the liquids
restriction that currently exists in Sec. Sec. 258.28, 264.314(a) and
265.314(a) Therefore, the Agency is proposing to incorporate this
provision into the generator regulations at part 262.
Effect of the Proposed Reorganization: This section is affected by
the proposed reorganization in that we are proposing to include the
provision as a condition in Sec. 262.14 for CESQGs, as well as in
Sec. 262.35 for SQGs and LQGs.
N. Extending Time Limit for Accumulation Under Alternative Requirements
for Laboratories Owned by Eligible Academic Facilities (40 CFR Part 262
Subpart K)
The Agency is proposing to extend the accumulation time for
unwanted material by eligible academic entities with laboratories
operating under 40 CFR part 262 subpart K from six months to one year.
Under 40 CFR part 262 subpart K eligible academic entities have the
choice of operating their laboratories under the alternative subpart K
standards instead of the satellite accumulation area regulations at 40
CFR 262.34(c). Currently, if the eligible academic entity chooses to
operate its laboratories under subpart K, the entity must remove the
unwanted material from each laboratory under the following two
circumstances: (1) Every 6 months; or (2) within 10 days, if the
laboratory accumulates more than 55 gallons of unwanted material or 1
quart of reactive acutely hazardous unwanted material.
Operating under the SAA regulations, an eligible academic entity
has no time limit for accumulation. Therefore, for smaller eligible
academic entities that do not accumulate 55 gallons in a laboratory,
subpart K's six month accumulation time limit can mean a shorter, more
stringent, accumulation time than they have under the satellite
accumulation area regulations. Eligible academic entities have cited
this shorter accumulation time as a disincentive for opting into the
alternative standards in subpart K. The Agency therefore requests
comment regarding its proposal to increase the accumulation time limit
in an eligible academic entity's laboratory to 12 months.
Lengthening the time would yield a cost savings for those operating
under subpart K compared to the costs they have now. The longer
accumulation time would come with no increased risk because the volume
limits--which are the same as the SAA volume limits--would continue to
be in place for the rare cases where labs do accumulate 55 gallons of
unwanted material or 1 quart of reactive acutely hazardous unwanted
material.
The Agency requests comment on extending the accumulation time for
[[Page 57972]]
unwanted material by eligible academic entities with laboratories
operating under 40 CFR part 262 subpart K, from six months to one year.
Effect of the Proposed Reorganization: This section is not affected
by the proposed reorganization.
IX. Proposed Addition to 40 CFR Part 262 for Generators that
Temporarily Change Generator Category as a Result of an Episodic Event
EPA is proposing to allow a CESQG or an SQG to maintain its
existing generator category if, as a result of a planned or unplanned
episodic event, the generator would generate a quantity of hazardous
waste in a calendar month sufficient to bump the facility into a more
stringent generator category (i.e., CESQG to either an SQG or an LQG;
or an SQG to an LQG). This proposed change would allow a CESQG or SQG
to generate additional quantities of hazardous waste--exceeding its
normal generator category limits temporarily--and still maintain its
existing regulatory category provided it complies with specified
conditions discussed below. Because these events are considered to be
temporary and episodic in nature, the hazardous waste generator would
only be allowed to take advantage of this provision once every calendar
year. Also as explained below, a CESQG or SQG could petition EPA to
manage one additional episodic event per calendar year.
A. Background
Under the current RCRA regulatory framework for hazardous waste
generators, a generator's category is determined by the quantity of
hazardous waste it generates in a calendar month. For example, if a
generator generates less than or equal to 100 kilograms of non-acute
hazardous waste and 1 kilogram of acute hazardous waste in a calendar
month, then it can comply with the regulations applicable to a
CESQG.\110\ However, if that same generator generates more than 100
kilograms but less than 1,000 kilograms of non-acute hazardous waste
and less than or equal to 1 kilogram of acute hazardous waste in the
following calendar month, then it must comply with all applicable
regulations associated with an SQG.
---------------------------------------------------------------------------
\110\ Note: Besides the generation of non-acute hazardous waste,
a generator's category is also determined by the quantities of acute
hazardous waste it generates in a calendar month.
---------------------------------------------------------------------------
At issue is when the generator generates an additional quantity of
hazardous waste in a calendar month as a result of an episodic event--
(planned or unplanned)--only to revert back to its normal waste
generation quantities in the following month. For example, a CESQG
plans a short-term demolition project that generates an additional 500
kilograms of hazardous waste in the calendar month, resulting in the
CESQG becoming an SQG for that calendar month. However, once the
demolition project has been completed, the generator's waste generation
drops such that it again qualifies as a CESQG. Other examples of
planned episodic events include tank cleanouts, short-term construction
projects, site remediation, equipment maintenance during plant shut
downs, and removal of excess chemical inventories.
Unplanned episodic events, which may be less frequent, include
production process upsets, product recalls, excess inventory,
accidental spills, or ``acts of nature,'' such as a tornado, hurricane,
or flood. For example, an SQG suffers an unplanned disruption in
production that results in the generation of 3,000 kilograms of an off-
specification product that cannot be sold and must be discarded,
therefore bumping the generator from an SQG to an LQG for that calendar
month.
Currently, for the one month the hazardous waste generator was
subject to more stringent regulations, the generator has two options:
(1) Temporarily change its waste management practices to comply with
those of the more stringent generator category for the duration of the
event or (2) permanently adjust and manage all subsequent quantities it
generates in the more stringent generator category (even though it is
in a less stringent generator category in subsequent months).
Generators that do not comply will be out of compliance with the
applicable regulations.
Under the current regulatory framework, a CESQG must comply with
minimal conditions for an exemption. For non-acute hazardous waste,
these include the following: making a hazardous waste determination;
counting the amount of hazardous waste it generates to ensure it is a
CESQG (e.g., generates less than or equal to 100 kilograms of non-acute
hazardous waste and 1 kilogram of acute hazardous waste in a calendar
month); accumulating no more than 1,000 kilograms on site at any one
time; and sending its hazardous waste for subsequent off-site waste
management to one of several specified designation facilities.\111\
However, if an episodic event were to occur, such as the generation of
an additional 500 kilograms of non-acute hazardous waste resulting from
a disruption in production process, the generator would need to comply
with the SQG regulations that include both independent requirements and
conditions for exemption. Having to obtain a RCRA identification number
would be an example of an independent requirement, whereas managing its
hazardous wastes in containers or tanks subject to the applicable 40
CFR part 265 subparts I and J regulations, and marking and labeling the
containers would be examples of conditions for exemption. EPA believes
requiring a CESQG to comply with the additional SQG or LQG regulations
or an SQG to comply with the LQG regulations for the month its
hazardous waste exceeded the quantity limits based on an episodic event
(planned or unplanned) may be unnecessary to protect human health and
the environment. Instead, the Agency is proposing a more practical
approach to ease compliance for episodic generators and still protect
human health and the environment. By complying with the specified
conditions, the generator would be able to maintain its current
generator category and would not be required to comply with the more
stringent site-wide regulations applicable to the higher generator
category.
---------------------------------------------------------------------------
\111\ A CESQG may send its hazardous waste to (1) a hazardous
waste facility permitted by EPA; (2) an interim status hazardous
waste facility; (3) a hazardous waste facility permitted by an
authorized state; (4) a facility permitted, licensed or registered
by a state to manage municipal solid waste; (5) a facility
permitted, licensed or registered by a state to manage non-municipal
non-hazardous solid waste; (6) a facility which beneficially uses or
reuses or legitimacy recycles or reclaims its wastes or treats its
waste prior to beneficial use or reuse or legitimacy recycling or
reclamation; or (7) universal waste handler or destination facility
subject to the requirements in 40 CFR part 273.
---------------------------------------------------------------------------
Although EPA does not have specific information regarding the
number of generators that may take advantage of its proposed
alternative episodic standards, we can make certain estimates using
data collected through the biennial report. EPA currently estimates
that 1,270-2,550 generators could potentially take advantage of this
provision if it is finalized.\112\ However, EPA believes that the
potential universe of generators that may want to take advantage of the
episodic event standards may be significantly higher and is seeking
comment on what a more reliable estimate might be. For example, there
may be certain industrial sectors in which generators have a higher
probability of being episodic generators
[[Page 57973]]
than in others (e.g., retail, oil and gas exploration, utilities, and
military bases).
---------------------------------------------------------------------------
\112\ Assessment of the Potential Costs, Benefits, and Other
Impacts of the Improvements to the Hazardous Waste Generator
Regulatory Program, As Proposed, prepared for U.S. Environmental
Protection Agency by Industrial Economics, Incorporated, May 2015.
---------------------------------------------------------------------------
On February 14, 2014, EPA published a Notice of Data Availability
for the Retail Sector in which the Agency requested, among other
topics, comments from retailers on issues they face in complying with
the RCRA regulations. Some commenters mentioned the challenge posed by
complying with the hazardous waste regulations when an irregular event
causes them to exceed the threshold of their normal generator category
for a single month. This provision would provide a way for retailers
and others to manage that challenge.
B. Proposed Conditions for Episodic Generators
Under the proposed framework, a CESQG or an SQG generating an
increased quantity of hazardous waste because of an episodic event that
resulted in a temporary change in a generator's category would be able
to maintain its existing generator category provided specified
conditions are met as the waste is accumulated. We believe these
conditions will be sufficient to ensure these additional hazardous
wastes are managed in an environmentally sound manner. Similar to the
existing hazardous waste regulatory framework, should a CESQG fail to
meet the specified conditions, it would immediately lose the CESQG
accumulation exemption and be the operator of a non-exempt storage
facility unless it also immediately complied with all of the conditions
for exemption for an SQG or LQG. If an SQG failed to meet any specified
condition for exemption, it would immediately lose its exemption and be
the operator of a non-exempt storage facility unless it had immediately
complied with all of the conditions for an exemption for an LQG.
For both CESQGs and SQGs taking advantage of this provision, the
following conditions must be met:
(1) Episodic events are limited to one per calendar year;
(2) The generator must notify EPA at least 30 calendar days prior
to initiating a planned episodic event or within 24 hours after an
unplanned episodic event or as soon as possible; identify the start and
end dates, which may be no more than 45 days apart, as well as other
information about the event; and identify a facility contact and/or
emergency coordinator with 24-hour telephone access to discuss
notification submittal or respond to emergency;
(3) The generator must obtain an EPA ID number (CESQGs);
(4) The generator must comply with specified hazardous waste
management conditions as the waste is accumulated on-site;
(5) The generator must use a hazardous waste manifest and hazardous
waste transporter to ship the waste generated by the episodic event to
a RCRA-designated facility within 45 calendar days from the start of
the episodic event;
(6) The generator must complete and maintain specified records.
EPA is also proposing a petition process to allow hazardous waste
generators to request from EPA one additional episodic event within the
same calendar year and/or an extension of up to 30 calendar days to
complete an episodic event and still be eligible to maintain its
generator category. An example of how the implementation of these
provisions would work in practice, particularly the start and end dates
in conjunction with normal waste generation and accumulation
operations, follows a discussion of these requirements.
The proposed regulations for episodic generators are located at a
new part 262 subpart L, Sec. Sec. 262.230-232.
1. Number of Episodic Events per Calendar Year
The Agency is proposing that a CESQG or a SQG be allowed to exceed
its generator category limits only once per calendar year without
affecting its generator category.113 114 EPA has several
reasons for this restriction. First, if a CESQG or SQG exceeds its
generator category limits more frequently than once per calendar year,
EPA is concerned that these generators are more likely to be routinely
generating greater amounts of hazardous waste and thus it may be more
appropriate for the generator to comply with the regulations applicable
to the higher generator category, at least for the months they exceed
the quantity limits for their generator category. Second, EPA believes
most hazardous waste generators experience an episodic event
infrequently, such as once every few years, and these events are
typically planned maintenance projects. Third, the Agency does not
consider an episodic event to be limited to one project within the
generator's site. In fact, a generator could start and complete
multiple projects (e.g., a small demolition project, a tank cleanout,
and removal of excess chemicals) at different dates within the 45 day
time limit so long as it stayed within the 45 day start and end dates
identified on the notification form with all hazardous waste generated
considered part of the same episodic event.
---------------------------------------------------------------------------
\113\ As discussed later, the length of a generator's episodic
event may overlap two calendar years in which case discretion would
be provided to EPA or the authorized state as to how it would
address a request for another episodic event in the second year by a
generator.
\114\ EPA is proposing a process to petition the Agency for an
additional event, if warranted.
---------------------------------------------------------------------------
2. Notification
A SQG or CESQG would have to notify EPA no later than 30 days prior
to initiating a planned episodic event using EPA form 8700-12 (Site ID
form). Should EPA finalize this provision, EPA will provide
instructions in the Site ID form on how to report an episodic event
(for example, using the notes section of the form). The hazardous waste
generator would be required to identify the dates the episodic event
will begin and end--a time frame not to exceed 45 calendar days--as
well as describe the reason for the event and the types and estimated
quantities of hazardous wastes that would be generated during the
event. Should an unplanned event occur, the generator would be required
to notify EPA as soon as possible via phone or email, but must submit
EPA form 8700-12 (Site ID form) within 24 hours of the unplanned event,
or as soon as possible depending upon the circumstances. Unless
notified by EPA or an authorized state, a CESQG or SQG would be allowed
to begin its episodic event on the date identified on its form 8700-12.
The date identified on the notification form as the start date for
the episodic event is assumed to be the date the generator initiates
physical action in generating and accumulating the hazardous waste.
Whether such action actually occurs on that date or after by the
generator will have no impact in changing the end date of the episodic
event identified on the notification form.
No matter what, the end date must be no later than 45 calendar days
from the date identified on the notification form as the start date of
the episodic event. The end date will be the date on which all
hazardous waste generated from the episodic event, and possibly other
hazardous waste also generated during that time period as part of
normal operations, will have had to be removed and sent to a RCRA
designation facility as verified by the hazardous waste manifest. The
Agency does not see any reason to preclude a generator taking advantage
of this provision to also dispose of other hazardous wastes generated
during the time of the episodic event.
[[Page 57974]]
As part of the notification form, a CESQG would have to notify its
local fire department that it was taking advantage of an episodic
event. The notice would need to include the start and end dates and
identify the types and quantities of hazardous wastes that would be
generated.
EPA believes notification is essential to inform regulatory
authorities of the facility's activities in order to enable adequate
compliance monitoring of the facility with the conditions of the
alternative standards.
3. EPA ID Number
A CESQG generating and accumulating quantities of hazardous waste
that would otherwise result in a higher generator category because of
an episodic event (whether planned or unplanned) would be required,
under the proposed regulations, to obtain an EPA ID number using EPA
form 8700-12 if one had not previously been assigned. A generator
cannot initiate a hazardous waste shipment to a RCRA-designated
facility without an EPA ID number. (SQGs are already required to obtain
an EPA ID number.)
4. Waste Management Standards
a. Accumulation standards for CESQGs. Under the current
regulations, a CESQG must not accumulate more than 1,000 kilograms of
non-acute hazardous waste at any one time, but otherwise does not have
any on-site waste management standards when accumulating hazardous
waste, primarily because the quantities generated every month are so
small. EPA is proposing to require a CESQG that generates episodic
hazardous waste that would cause the CESQG to exceed its generator
category limit for the calendar month to comply with the following
accumulation standards for containers and tanks that manage the
episodic wastes if it wants to take advantage of the episodic generator
provision (CESQGs are prohibited from using a drip pad or a containment
building). EPA believes that these standards are necessary because the
quantity of hazardous waste that is accumulated during this episodic
period requires standards for safe management in order to adequately
protect human health and the environment.
When accumulating hazardous waste in containers, the CESQG would be
required to mark its containers with the following: (1) The words
``Episodic Hazardous Waste''; (2) other words that identify the
contents of the containers--examples may include, but are not limited
to the name of the chemical(s), such as ``acetone'' or ``methylene
dichloride,'' or the type or class of chemical, such as ``organic
solvents'' or ``halogenated organic solvents'' or, as applicable, the
proper shipping name and technical name markings used to comply with
DOT requirements at 49 CFR part 172 subpart D; and (3) an indication of
the hazards of the contents of the container--examples of hazards
include, but are not limited to, the applicable hazardous waste
characteristic(s) (i.e., ignitable, corrosive, reactive, toxic). In the
case of hazardous wastes ultimately treated and disposed of off-site,
the generator could use a hazard class label consistent with the DOT
requirements at 49 CFR part 172 subpart E (labeling), use a label
consistent with the OSHA Hazard Communication Standard at 29 CFR
1920.1200, or use a chemical hazard label consistent with the NFPA code
704; or a hazard pictogram consistent with the United Nations' GHS.
Generators also may use any other marking or labeling commonly used
nationwide in commerce that would alert workers and emergency
responders to the nature of the hazards associated with the contents of
the containers.
These marking standards are the same as those for LQGs and SQGs
accumulating hazardous wastes in containers in the course of normal
business operations and are necessary to protect human health and the
environment. In addition to these, the CESQG would be required to mark
the date that the episodic event began clearly on each container.
For tanks, the CESQG would have to mark or label the tank
containing hazardous waste accumulated during the event with the words
``Episodic Hazardous Waste'' and would be required to use inventory
logs, monitoring equipment, or other records to identify the contents
of the tank, the quantity accumulated as a result of the episodic
event, and the associated hazards and to identify the date that the
episodic event began. The records containing this information would
have to be immediately accessible by the generator.
In addition, the generator would be required to manage the
hazardous waste in a manner that minimizes the possibility of an
accident or release. Management standards are critical to ensure the
hazardous waste does not pose a risk to human health and the
environment. A CESQG may use best management practices to comply with
this condition. In practice, this includes managing the hazardous waste
in containers that are in good condition and chemically compatible with
any hazardous waste accumulated therein and keeping the containers
closed except to add or remove waste. Complying with the standards in
part 265 subpart I would satisfy this condition.
With respect to tanks, the following standards are proposed: (1)
Having procedures in place to prevent overflow (e.g., the tank is
equipped with a means to stop inflow with systems such as a waste feed
cutoff system or bypass system to a standby tank when hazardous waste
is continuously fed into the tank); (2) inspecting the tank(s) at least
once each operating day during the episodic event to ensure all
applicable discharge control equipment, such as waste feed cutoff
systems, bypass systems, and drainage systems, are in good working
order and (3) using appropriate controls and practices to prevent
spills and overflows from tank or secondary containment systems
including at a minimum spill prevention controls (e.g., check valves,
dry disconnect couplings), overfill prevention controls (e.g., level
sensing devices, high level alarms, automatic feed cutoff, or bypass to
a standby tank), maintenance of sufficient freeboard in uncovered tanks
to prevent overtopping by wave or wind action or by precipitation. Such
practices are necessary to prevent the release of the hazardous waste
or hazardous constituents to air, soil, or water, which could threaten
human health and the environment.
As mentioned above, an emergency coordinator (in compliance with
proposed Sec. 262.16(b)(9)(i)) must be identified for the duration of
the episodic event on the notification form. A CESQG taking advantage
of this provision would also need to notify the local fire department
of who their emergency coordinator was if they had not done so already
for other emergency preparedness and planning reasons. An emergency
coordinator is needed because the CESQG will be generating greater
amounts of hazardous waste than normal and, should an accident occur,
the emergency coordinator would need to be prepared to handle the
situation.
EPA believes these management standards are necessary to adequately
protect human health and the environment because of the additional
quantities of hazardous waste generated and accumulated as a result of
an episodic event. The Agency, however, seeks comment on these proposed
management standards. In particular, the Agency is aware of concerns
expressed by generators in the past that the marking and labeling of
tanks with the date the generator first began
[[Page 57975]]
accumulating hazardous waste could prove problematic since the tank
could have numerous markings on it. (See comments found in RCRA Docket
EPA-HQ-RCRA-2008-0678 in response to EPA's Technical Corrections Direct
Final rule, 75 FR 12989.) The Agency has responded to this concern by
allowing generators to use log books and other means to identify the
hazardous waste accumulation start date. However, the Agency is
proposing that CESQGs (and SQGs) label their tanks with the words
``Episodic Hazardous Waste'' so that emergency responders and others
are readily aware of the tank's contents and situation. The Agency
requests comment on whether this requirement could also prove
problematic, and if so, why, and what cost-effective alternatives exist
to address those concerns and still allow emergency responders,
inspectors, workers, etc. to be readily aware of the tank's hazardous
waste contents.
Under the existing regulations, CESQGs may not treat hazardous
waste generated on site in a manner equivalent to SQGs and LQGs under
Sec. 262.34, except in an on-site elementary neutralization unit.
Elementary neutralization units, as defined in Sec. 260.10, are exempt
from RCRA treatment, storage, and disposal standards and permitting
requirements. The elementary neutralization unit exclusion does not
preclude a CESQG from treating waste in the exempt unit as long as the
generator meets the criteria outlined in Sec. Sec. 264.1(g)(6),
265.1(c)(10), and 270.1(c)(2)(v). Specifically, the elementary
neutralization unit must meet the definition of a container, tank, tank
system, transport vehicle, or vessel, and must be used for neutralizing
wastes that are hazardous only because of the corrosivity
characteristic.\115\
---------------------------------------------------------------------------
\115\ RCRA Hotline Q & A, February 1996, RCRA Online 13778.
---------------------------------------------------------------------------
Considering that CESQGs will be required to meet additional waste
management requirements under this proposed rule for episodic
generation, the Agency seeks comment on whether CESQGs taking advantage
of this provision should be allowed to treat their episodic hazardous
waste on site in a manner equivalent to SQGs and LQGs at Sec. 262.34.
In particular, the Agency seeks comment on whether the volume of
hazardous waste generated from an episodic event exceeds the capacity
and expertise of CESQGs, which are accustomed to managing smaller
quantities of hazardous waste, and whether the Agency should identify a
select list of allowable types of treatment that would not pose a risk
to human health and the environment.
b. Manifest use by CESQGs and management at a RCRA-designated
facility. EPA is proposing to require CESQGs to manifest the hazardous
waste generated from an episodic event and send it to a RCRA-designated
facility. Under current regulations, CESQGs are not required to
manifest their hazardous waste to a RCRA-designated facility, but can
ship them without a manifest and to one of seven types of facilities
listed in Sec. 261.5(f)(3). Because the CESQG will be generating
quantities of hazardous waste that exceed its normal generator category
thresholds, the Agency believes the use of a hazardous waste manifest
and the shipment of the hazardous waste to a RCRA-designated facility
is necessary to protect human health and the environment. However, the
condition to manifest the hazardous waste and send it off site to a
RCRA-designated facility would only apply to the hazardous waste
generated as a result of the episodic event. The condition would not
apply, unless if for economic or logistical reasons, the CESQG desired
to ship off site to a RCRA-designated facility all hazardous waste
generated and accumulated either as a result of the episodic event,
independent of the episodic event, or prior to the event.
c. Accumulation standards for SQGs. Under the current regulations,
SQGs must comply with the waste accumulation, waste management,
employee training, and emergency preparedness and prevention conditions
at 40 CFR 262.34 (d)-(f) with references to 40 CFR 265 subparts C, I,
and J in order to accumulate hazardous waste without a RCRA storage
permit or compliance with interim status standards. SQGs may not take
advantage of this proposed episodic generation provision for wastes
accumulated on drip pads or in containment buildings although EPA does
seek comment on allowing episodic event wastes to be accumulated in
these units prior to sending the hazardous waste off-site for treatment
and disposal to a RCRA designated facility. Under this proposed rule,
EPA is proposing to require an SQG that generates episodic hazardous
waste that would cause the SQG to exceed their generator category
limits for the calendar month to comply with certain standards for
containers and tanks if it desires to take advantage of the episodic
generator provision.
When accumulating hazardous waste generated as a result of an
episodic event in containers, the SQG would be required to mark its
containers with the following: (1) The words ``Episodic Hazardous
Waste''; (2) other words that identify the contents of the containers--
examples may include, but are not limited to the name of the
chemical(s), such as ``acetone'' or ``methylene dichloride,'' or the
type or class of chemical, such as ``organic solvents'' or
``halogenated organic solvents'' or, as applicable, the proper shipping
name and technical name markings used to comply with DOT requirements
at 49 CFR part 172 subpart D; and (3) an indication of the hazards of
the contents of the container--examples of hazards include, but are not
limited to, the applicable hazardous waste characteristic(s) (i.e.,
ignitable, corrosive, reactive, toxic). In the case of hazardous wastes
ultimately treated and disposed of off-site, the generator could use a
hazard class label consistent with the DOT requirements at 49 CFR part
172 subpart E (labeling), a label consistent with the OSHA Hazard
Communication Standard at 29 CFR 1920.1200, a chemical hazard label
consistent with the NFPA code 704, or a hazard pictogram consistent
with the United Nations' GHS. Generators also may use any other marking
or labeling commonly used nationwide in commerce that would alert
workers and emergency responders to the nature of the hazards
associated with the contents of the containers.
These standards are the same as those for SQGs accumulating
hazardous wastes in containers in the course of normal business
operations and are necessary to protect human health and the
environment. In addition to these, the SQG would be required to mark
the date that the episodic event began clearly on each container.
For tanks, the SQG would be required to mark or label the tank
containing hazardous waste accumulated during the event with the words
``Episodic Hazardous Waste'' and would be required to use inventory
logs, monitoring equipment, or other records to identify the contents
of the tank and the associated hazards and to identify the date that
the episodic event began and ended. The generator would need to have
records containing this information immediately accessible.
In addition, the SQG would need to comply with all the conditions
of the exemption in Sec. 262.34 (d) through (f) with references to 40
CFR 265 subparts C, I, and J, part 268 land disposal restrictions
(Sec. 262.16 under the proposed reorganization)--that is, the waste
accumulation, waste management, employee training, and emergency
preparedness and prevention conditions.
[[Page 57976]]
d. Manifest use by SQGs. As under the current regulations, EPA is
proposing that SQGs manifest the hazardous waste generated from an
episodic event and send it to a RCRA-designated facility, unless the
waste is managed on site. The Agency believes the use of a hazardous
waste manifest and shipment of the hazardous waste to a RCRA-designated
facility is necessary to protect human health and the environment.
However, unlike CESQGs, the use of the hazardous waste manifest would
apply not only to the wastes generated from the episodic event, but all
other hazardous wastes the SQG generates within its generator category.
5. Forty-five (45) Days or Less Would be Allowed to Treat and Dispose
of Hazardous Wastes On Site (SQGs) or Manifested and Shipped Off Site
(CESQGs or SQGs) to a RCRA-Designated Facility
The Agency is proposing to allow SQGs and CESQGs 45 calendar days
to initiate and complete an episodic event, which includes generation,
accumulation and management (e.g., recycling, treatment and disposal--
either on site, such as waste neutralization in a container, or off
site at a RCRA-designated facility) of all hazardous waste resulting
from the episodic event. The Agency believes 45 days is sufficient time
for a generator to complete management of the hazardous waste from the
time that the generator begins generating and accumulating the
hazardous waste. However, as discussed below, a CESQG or SQG can
petition the Agency for additional time to complete the generation and
removal of the hazardous waste during the episodic event, if necessary.
6. Recordkeeping
Finally, generators would need to keep the following information in
their records: (1) Beginning and end dates of the episodic event; (2) a
description of the episodic event; (3) a description of the types and
quantities of hazardous wastes generated during the episodic event; (4)
a description of how the hazardous waste was managed as well as the
name of the RCRA designated facility that received the hazardous waste;
(5) name(s) of hazardous waste transporters, as appropriate; (6) an
approval letter from EPA, if the generator successfully petitioned to
conduct an additional episodic event during the calendar year; and (7)
an approval letter from EPA, if the generator successfully petitioned
for an additional 30 calendar day extension. These records would need
to be maintained on site by the generator for three years from the
completion date of each episodic event.
EPA believes the recordkeeping condition is critical to enable
effective and credible oversight. We also believe that the information
to be maintained is the minimum information necessary to determine that
any hazardous waste generated during the episodic event is managed
properly.
7. Petitions
a. Petition To Request one Additional Episodic Event
While the Agency believes that most generators will experience an
episodic event infrequently, we also recognize that there may be
situations, often unexpected, where a hazardous waste generator may
have more than one episodic event within a calendar year, such as an
unexpected product recall, a major spill, or an act of nature.
Therefore, the Agency is proposing to allow CESQGs and SQGs to petition
EPA (at least 30 days before initiating a planned episodic event and
within 24 hours after an unplanned event) for permission to manage one
additional episodic event without impacting the hazardous waste
generator category. The petition must include (1) the reason why an
additional episodic event is needed and the nature of the episodic
event; (2) the estimated amount of hazardous waste to be managed from
the event; (3) how the hazardous waste is to be managed; (4) the
estimated length of time needed to complete management of the hazardous
waste generated from the episodic event--not to exceed 45 days; and (5)
information regarding previous episodic event(s) managed by the
generator and whether it complied with the proposed conditions. EPA
will then evaluate this and other site-specific information to
determine whether a generator should be allowed to initiate a second
episodic event under the proposed alternative standards. The petition
by the generator may be made via fax, email, or letter. The generator
may not manage hazardous waste for an additional episodic event until
written approval by EPA (or the authorized state) has been received.
The generator must retain written approval in its records for three
years from the date the episodic event ended.
b. Petition To Request Additional Time To Complete an Episodic Event
Events may arise, particularly unplanned events, such as an ``act
of nature,'' where 45 days is insufficient to complete the event. The
Agency is proposing to allow generators to petition EPA for an
additional 30 days to complete the generation and removal of hazardous
waste, if needed. The petition must include (1) the nature of the
episodic event; (2) the estimated amount of hazardous waste to be
managed from the event; and (3) and the generator's rationale for
needing an extension for an additional 30 days beyond the 45-day limit
to complete the episodic event. EPA will then evaluate the generator's
request to determine whether it should be allowed up to an additional
30 days to complete the episodic event. For example, a situation may
exist where a hazardous waste transporter cannot arrive and remove
hazardous waste generated until the 46th day because of unforeseen
problems with its truck or the generator did not foresee problems with
completing a tank cleanout because cleanout equipment failed to
operate. These are all site-specific situations that EPA or authorized
state would evaluate when making its decision. The generator cannot go
beyond the 45-day limit unless written approval by EPA has been
received.
The generator would need to petition EPA for approval at least 15
days before the original end date of the episodic event. The petition
by the generator may be made via fax, email, or letter. The generator
must retain written approval in its records for three years from the
date the episodic event ended.
Should the generator request an extension from the Agency or
authorized state with less than 15 days remaining and be denied the
extension, then the generator would have to remove all hazardous wastes
generated as a result of the episodic event as of the specified end
date in its notification or be in violation of its exemption.
Unlike rulemaking petitions in part 260 subpart C of the hazardous
waste regulations, the Agency is not proposing to have a notice and
comment period for granting an episodic event or an extension. The
Agency believes a generator's actions and performance will dictate
approval or disapproval of a generator's request. In addition, in some
cases a timely response to these requests is critical, especially with
requests for extension. Taking notice and comment would delay that
response.
8. Tracking and Accounting for Hazardous Waste Generation and
Accumulation as a Result of an Episodic Event Along With Normal
Production Operations
In practice, a generator taking advantage of this rule, in
particular a CESQG or SQG, must track and monitor the start and end
dates of the episodic event in conjunction with the date the
[[Page 57977]]
calendar month ends to ensure compliance with all RCRA regulatory
provisions associated with waste generation and management. An example
may be the best way of explaining how this rule would work.
A CESQG could have a number of facility operations (e.g., tank
cleanouts, disposal of off-spec products it cannot sell or reclaim,
repair work involving the removal of lead paint chips) that will often
result in a temporary change in its regulatory category. The CESQG
decides to notify its authorized state two months prior (as well as
identifying a point of contact and emergency coordinator) that it will
initiate the planned episodic event on July 20 and take advantage of
the full 45 days allowed to conduct the event and end on September 2.
Beginning on July 20, the generator must comply with all of the
regulatory standards of subpart L discussed above to maintain its
exemption as a CESQG. Under this example, if the generator complies
with subpart L, it need not be concerned about the total amount of
hazardous waste it will generate in the calendar months of July and
August (e.g. 100 kg or less) or whether it will exceed the hazardous
waste accumulation total of less than 1,000 kilograms associated with a
CESQG.
However, on or before September 2, the generator must remove and
dispose of all the hazardous wastes it generated over the course of the
last 45 days that represented the episodic event. Provided the
generator meets that deadline, that waste would not count when
determining the generator's status. In this example, the generator
chooses to also dispose of waste generated from its normal operations
by September 2. In this case, it would then not count that waste in
determining its generator status for July, August, and September. The
CESQG would then estimate the quantity of hazardous waste it generates
and accumulates for the remainder of September (starting on September 3
until the end of the month) to determine its regulatory category.
If the generator decides to separate out normal production
operations from episodic event operations, then the waste from normal
operations is counted each month to determine the generator's status.
For example, assume the generator at the beginning of the episodic
event had accumulated 950 kg of hazardous waste and proceeds to
accumulate another 75 kg over the course of the 45-day episodic event
that is associated with normal operations.\116\ On September 3, if the
generator had not disposed of that 1,025 kg of hazardous waste along
with all of the episodic event hazardous wastes it generated and
accumulated, then it would have violated the accumulation provision of
a CESQG at 40 CFR 261.5(g)(2) (e.g., less than 1,000 kg) and would be
in violation of the conditions of the CESQG exemption. A similar
concern might occur if the generator generated 101 kg of hazardous
wastes on September 1 and 2 from normal operations and did not dispose
of it by September 2 with the waste from the episodic event. The
generator would not be in compliance with the CESQG threshold for the
calendar month and would be required to comply with the SQG conditions
for exemption or be in violation of the exemption.
---------------------------------------------------------------------------
\116\ Note that it would not matter how much the CESQG had
generated during a calendar month in which the episodic event begins
because all of that hazardous waste is now folded into the hazardous
waste generated as a result of the episodic event. Otherwise, the
rule would not work from a practical viewpoint.
---------------------------------------------------------------------------
There are numerous variations on the above example (e.g., request
to extend the length of time for the episodic event, etc.) that a
generator would have to be aware of when it ended its episodic event to
avoid exceeding waste generation totals for the calendar month or waste
accumulation limitation totals.
9. An Episodic Event Involving Two Calendar Years
An episodic event may also involve overlapping two calendar years.
The Agency is proposing that the generator count all the waste from the
episodic event in the year with the most days involved in the episodic
event. In other words, if the episodic event begins on December 16 of
year 1 and ends on January 30 of year 2, the waste would count in year
2.
C. Request for Comment
The Agency requests comment on its proposed approach for addressing
hazardous waste generated during an episodic event. Specifically, the
Agency requests comment on whether the overall approach proposed would
assist generators and allow a CESQG or SQG to maintain its generator
category and not be bumped up into a more stringent generator category
temporarily.
EPA also requests comment on the number of episodic events that
would be allowed under these proposed alternative regulations. As
stated above, we are proposing to allow CESQGs and SQGs to take
advantage of this alternative regulatory framework for one episodic
event per calendar year, with the ability to petition EPA for one
additional event per calendar year. EPA is interested in ideas on how
best to structure this alternative framework in terms of identifying a
reasonable number of episodic events allowed per year and identifying
an appropriate time period allowed to conduct and manage the hazardous
waste from an episodic event in a way that would be effective while
still ensuring protection of human health and the environment.
Additionally, the Agency requests comment regarding its proposed
conditions for CESQGs and SQGs managing hazardous waste generated from
the episodic event, such as the proposed 45-day limit to generate and
manage the waste and the ability for CESQGs and SQGs to petition the
Agency for one additional episodic event per calendar year or an
additional 30 days to complete an episodic event. The Agency also
requests comment on whether the proposed conditions for CESQGs and SQGs
are reasonable and sufficient to protect human health and the
environment.
Finally, the Agency requests comment on whether to allow a CESQG or
SQG to accumulate hazardous waste either on a drip pad or in a
containment building in compliance with 40 CFR part 265 subparts W and
DD, respectively, as a result of an episodic event. As proposed, the
Agency has focused on hazardous wastes accumulated in containers or
tanks as a result of an episodic event since almost all CESQGs and SQGs
accumulate waste in containers with a small percentage accumulated in
tanks. However, there may be circumstances that lend themselves to a
CESQG or SQG accumulating hazardous wastes on a drip pad or in a
containment building.
Effect of the Proposed Reorganization: This section is not affected
by the proposed reorganization.
X. Proposed Revisions to 40 CFR Part 263--Standards Applicable to
Transporters of Hazardous Waste
The current regulations at Sec. 263.12 for transporters handling
hazardous waste at a transfer facility for ten days or less state that
the transporter is not subject to the storage regulations in 40 CFR
parts 264, 265, 267, 268 and 270. In addition, the regulation
stipulates that containers that hold hazardous waste must meet the
provisions in Sec. 262.30 that reference DOT's packaging regulations
at 49 CFR parts 173, 178, and 179.
The Agency is proposing to change the marking and labeling
requirements for transporters handling hazardous waste at transfer
facilities, found at Sec. 263.12, to be consistent with the proposed
changes for marking and
[[Page 57978]]
labeling conditions for containers for SQGs, for LQGs, and in
SAAs.\117\ In addition to these proposed changes, EPA is also proposing
to require that containers of hazardous waste at transfer facilities be
labeled prior to being transported off site to a RCRA-designated
facility with the applicable EPA hazardous waste number(s) (EPA
hazardous waste codes), which will help the TSDF receiving the
hazardous waste comply with the LDR regulations in 40 CFR part 268. The
Agency is proposing these modifications to ensure that hazardous wastes
are appropriately labeled and marked throughout transportation to a
RCRA-permitted or interim status TSDF or to another transfer facility.
---------------------------------------------------------------------------
\117\ EPA is proposing to move these provisions as a part of the
reorganization of the generator regulations. They can be found in
the proposed regulatory text at the following citations: SAAs--Sec.
262.15(a)(1)(iv); SQGs--Sec. 262.16(b)(6)(i); and LQGs--Sec.
262.17(a)(5).
---------------------------------------------------------------------------
Specifically, EPA is proposing that transporters storing hazardous
wastes in containers at transfer facilities mark the containers with
the following: (1) The words ``Hazardous Waste''; (2) the applicable
EPA hazardous waste number(s) (EPA hazardous waste codes) in subparts C
and D of part 261; (3) other words that identify the contents of the
containers--examples may include, but are not limited to the name of
the chemical(s), such as ``acetone'' or ``methylene dichloride''; or
the type or class of chemical, such as ``organic solvents'' or
``halogenated organic solvents'' or, as applicable, the proper shipping
name and technical name markings used to comply with DOT requirements
at 49 CFR part 172 subpart D; and (4) an indication of the hazards of
the contents of the container--examples of which include, but are not
limited to, the applicable hazardous waste characteristic(s) (i.e.,
ignitable, corrosive, reactive, toxic); a hazard class label consistent
with the DOT requirements at 49 CFR part 172 subpart E (labeling); a
label consistent with the OSHA Hazard Communication Standard at 29 CFR
1920.1200; a chemical hazard label consistent with the NFPA code 704;
or a hazard pictogram consistent with the United Nations' GHS. Transfer
facilities also may use any other marking and labeling commonly used
nationwide in commerce that would alert workers and emergency
responders to the nature of the hazards associated with the contents of
the containers.
A transfer facility may choose to use an appropriate DOT proper
shipping name found in the 49 CFR 172.101 hazardous materials table to
identify the contents of the container. That way, the transfer facility
will fulfill EPA and DOT requirements simultaneously; however, EPA is
not proposing to require the use of the DOT shipping names while the
hazardous waste is accumulating on-site. We only suggest that the DOT
shipping name may be one way that some generators may choose to
identify the contents of the container.
As previously discussed, the Agency believes providing this
information on the container will alert workers and other handlers to
the contents of the container and the potential hazards of the
materials therein. This information increases the awareness of workers
and others who might come into contact with the hazardous waste in the
containers and reduces potential adverse impacts from container
mismanagement. The Agency does not believe this proposed change will
adversely impact transfer facility operations since similar marking and
labeling standards are proposed for hazardous waste generators. One
difference, however, is the inclusion of the EPA hazardous waste number
in the list of labeling requirements. Although generators are not
required to have the EPA hazardous waste number on the hazardous waste
while accumulating it, we are proposing in this rulemaking that
generators must include the EPA hazardous waste number on the label
before transporting the hazardous waste off site, so when a container
arrives at the transfer facility it should already have the EPA
hazardous waste number on its label.
Given that containers received by the transfer facility will
already be marked and labeled by the generator, the Agency believes the
additional burden on the transfer facility will be minimal. However,
there may be situations where the transporter would be required to mark
and label a container. One example of when a transfer facility would be
required to mark and label its containers would be when it consolidates
two containers with the same hazardous waste into a new container or
when it is able to combine and consolidate two different hazardous
wastes that are compatible with each other and are able to be
subsequently managed consistently in compliance with the applicable
regulations in parts 264, 265, 267, 268 and 270 of this chapter.
The Agency requests comment on this proposed change, particularly
the identification of any unintended problems from this requirement.
Effect of the Proposed Reorganization: This section is not affected
by the proposed reorganization.
XI. Proposed Revisions to 40 CFR Parts 264 and 265--Standards for
Owners and Operators of Hazardous Waste Treatment, Storage, and
Disposal Facilities and Interim Status Standards for Owners and
Operators of Hazardous Waste Treatment, Storage, and Disposal
Facilities
The Agency is proposing to modify the biennial report requirements
for facilities subject to 40 CFR 264.75 and 40 CFR 265.75 and the
special requirements for ignitable and reactive wastes at 40 CFR
265.176.
A. Proposed Changes to Biennial Reporting Requirements (40 CFR 264.75
and 40 CFR 265.75)
EPA is proposing to modify the regulations at Sec. Sec. 264.75 and
265.75 to eliminate the list of specific data elements and to require
the completion and submission of all data elements in the biennial
report form (EPA form 8700-13).
Section 264.75 currently requires that the biennial report include
a specific list of data elements, including the name, address, and EPA
ID number of the generator and each transporter and TSDF, the EPA
hazardous waste number for each hazardous waste shipped off site, and a
signed certification, among other things.
Section 265.75 includes the above data elements as well as
requiring monitoring data under Sec. 265.94(a)(2)(ii) and (iii), and
(b)(2), where required.
Similar to the approach EPA is proposing for the biennial reporting
requirements for LQGs in Sec. 262.41, EPA believes removing the
specific data elements in the regulations and replacing it with a
requirement to complete and submit all the data elements required in
the biennial report form will ensure that the regulations and forms
remain consistent. For example, the existing regulations require
closure cost information and, at Sec. 265.75(f), groundwater
monitoring data under Sec. 265.94(a)(2)(ii) and (iii), and (b)(2) to
be submitted as part of the biennial report; however, these data
elements are not collected on EPA's current biennial reporting form
8700-13.\118\ Thus, EPA believes removing this
[[Page 57979]]
list from the regulations will help TSDFs understand what EPA currently
requires to be submitted as part of the biennial report. This approach
eliminates the need to update the list of specific required data
elements through rulemaking and reduces duplication with review and
approval processes established under the PRA.
---------------------------------------------------------------------------
\118\ Closure cost estimates must be submitted in accordance
with Sec. 264.142 or 265.142 which requires owners or operators
using the financial test or corporate guarantee to update closure
costs for inflation within 30 days after the close of the firm's
fiscal year and before submission of updated information to the
Regional Administrator under Sec. 264.143(f)(3) or 265.143(e)(3),
respectively. Additionally, disposal facilities must submit the most
recent post-closure cost estimate under Sec. 264.144 or 265.144,
which requires owners or operators using the financial test or
corporate guarantee to update for inflation within 30 days after the
close of the firm's fiscal year and before the submission of updated
information to the Regional Administrator. Groundwater monitoring
data must be submitted in accordance with Sec. 265.94(b)(2), which
requires the owner or operator to submit annually, until final
closure of the facility, to the Regional Administrator a report
containing the results of the groundwater quality assessment program
no later than March 1 following each calendar year.
---------------------------------------------------------------------------
EPA does not believe this change in any way affects the
enforceability of the biennial report regulations. Owners and operators
must complete and submit EPA form 8700-13.
EPA also notes that some states develop their own state biennial
report forms. EPA does not believe this proposed change would impact a
state's ability to use their own biennial report forms or to collect
more information than is required by the federal forms. Authorized
states that use a different form for collecting biennial report
information would simply refer to their authorized state form in their
state regulations. Additionally, EPA is aware that some states use
their state biennial report form as a vehicle for collecting closure
cost data, required to be submitted under Sec. 264.142, and
groundwater monitoring data, required to be submitted under Sec.
264.97(j). Because the existing federal regulations already specify
collection of this information, EPA would not consider states that
continue collecting this data using their state authorized biennial
report form to be more stringent than the federal program.
Additionally, as discussed in section VIII.L of this preamble, EPA
is proposing to modify the phrase ``prepare and submit,'' which is the
existing language in Sec. Sec. 264.75 and 265.75, to ``complete and
submit'' because the Agency believes that ``complete and submit'' more
accurately reflects that facilities must complete all applicable
elements of the biennial report forms.
The Agency requests comment on these proposed changes to Sec. Sec.
264.75 and 265.75. EPA also specifically requests whether commenters
believe the proposed change to eliminate the specific data elements in
these regulations will ease compliance and understanding of the current
biennial reporting procedures.
Effect of the Proposed Reorganization: This section is not affected
by the proposed reorganization.
B. Special Requirements for Ignitable and Reactive Wastes
Sections 262.34(a)(1)(i) and 262.34(d)(2) contain conditions for
exemptions for LQGs and SQGs that accumulate hazardous waste on site
for up to 90 or 180 days without a permit. These regulations both
reference part 265 subpart I, which contains regulations for owners and
operators of interim status hazardous waste facilities that store
hazardous waste in containers.
The LQG conditions in Sec. 262.34(a)(1)(i) reference Sec.
265.176. Section 265.176 states that containers holding ignitable or
reactive waste must be located at least 15 meters (50 feet) from the
facility's property line. SQGs are not required to comply with this
provision.
In some cases, to comply with this standard for ignitable and
reactive wastes, LQGs may modify their production feedstocks or
production processes to generate a waste that is not an ignitable or
reactive hazardous waste or reexamine the site's layout to identify
alternative accumulation areas. However, there are some cases where it
may not be physically possible to meet this standard, particularly if
the width of the site is 100 feet or less or when the generator's
operations have expanded such that it no longer has the ability to
accumulate ignitable or reactive waste at least 15 meters (50 feet)
from the site's property line. Insurance companies and local fire
departments often assist hazardous waste generators in minimizing their
environmental hazards and liabilities, but site dimensions may
sometimes physically prevent a facility from complying with this
condition.
Therefore, the Agency is proposing to modify the regulatory text
for generators to allow LQGs to apply for a site-specific waiver from
their local fire department if they are unable to meet the hazardous
waste accumulation property line condition.\119\ The proposed change
would require LQGs to obtain a waiver from this provision, in writing,
from local fire departments. LQGs would then be required to keep the
written waiver in their records. In addition, as part of the
reorganization of the generator regulations, discussed in section XIII
of the preamble, we are also including this provision directly in the
LQG accumulation regulations.
---------------------------------------------------------------------------
\119\ The Agency is not proposing to modify Sec. 265.176 to
allow interim status facilities to apply for a site-specific waiver
from their local fire department if they are unable to meet the
hazardous waste accumulation property line condition.
---------------------------------------------------------------------------
Because it is the local fire department that has the expertise to
address this problem when it arises, EPA is relying on those local fire
departments to work with the generators on any waivers that may be
requested and on finding the most appropriate place on site to
accumulate this hazardous waste.
Section 265.176 contains a comment that references Sec. 265.17(a)
and states that there are additional requirements in that section,
which also contains provisions for ignitable, reactive, and
incompatible wastes. The Agency is also proposing to incorporate the
language from existing Sec. 265.17(a) into Sec. 262.17(a)(1)(vi)(B)
of the generator regulations. EPA is proposing to replace the words
``owner and operator'' with ``large quantity generator'' as part of
this revision. By eliminating the cross-references, generators should
be able to more easily discern what provisions are applicable and
therefore should be better able to properly manage any ignitable or
reactive hazardous waste.
The Agency seeks comment on the proposed addition of this language
to the generator conditions for exemption, as well as the change to
allow LQGs to seek a waiver from the provision that containers holding
hazardous waste must be located at least 15 meters (50 feet) from the
property line. Specifically, EPA requests comment on whether this
waiver option provides a sufficient level of protection for the
facility and the surrounding community and whether generators would
benefit from the increased flexibility. Additionally, EPA requests
comment on whether it is appropriate to delegate the responsibility for
issuing waivers in this case to the fire department and whether EPA
should promulgate criteria that must be met as a condition of the
waiver as part of this provision. For example, conditions may include a
limit on the amount of ignitable or reactive hazardous waste that could
be accumulated at any time or a requirement that the facility have
certain technical controls, such as fire suppression devices or walls
that meet a certain fire-resistance rating. Furthermore, EPA requests
comment on whether the insertion of the language from Sec. 265.17(a)
in this section is helpful.
Finally, EPA requests comment on whether including a waiver to the
provision for ignitable and reactive wastes would also be appropriate
for interim status facilities or for permitted facilities in Sec. Sec.
264.176 and 265.176.
Effect of the Proposed Reorganization: This section is affected by
the proposed
[[Page 57980]]
reorganization. The revised language would appear directly in Sec.
262.17(a)(1)(vi) as a condition for exemption for LQGs, rather than
being located in 40 CFR part 265 subpart I and referenced from the
generator regulations. The reorganization is discussed in section XIII
of this preamble.
XII. Proposed Revisions to 40 CFR Part 268--Land Disposal Restrictions
The Agency is proposing to change the regulations on marking and
labeling of containers by the owner/operator of a hazardous waste TSDF
in Sec. 268.50 to be consistent with the proposed marking and labeling
changes for LQGs, for SQGs, for SAAs, and for transfer facilities.\120\
EPA is also proposing to require that containers be labeled with the
applicable EPA hazardous waste number(s) (EPA hazardous waste codes),
which help the TSDF comply with the LDR regulations. More specifically,
the Agency is proposing to modify Sec. 268.50(a)(2)(i), which states
that one of the requirements for storing hazardous wastes restricted
from land disposal is that each container is clearly marked to identify
its contents and the date each period of accumulation begins.
---------------------------------------------------------------------------
\120\ EPA is proposing to move some of these provisions as a
part of the reorganization of the generator regulations. They can be
found in the proposed regulatory text at the following citations:
SAAs--Sec. 262.15(a)(1)(iv); SQGs--Sec. 262.16(b)(6)(i); and
LQGs--Sec. 262.17(a)(5)(i).
---------------------------------------------------------------------------
Consistent with the other proposed changes that clarify the
contents and hazards posed by the contents of hazardous waste in
containers, the Agency is proposing to modify this language to state
that each container must be clearly marked with (1) the words
``Hazardous Waste''; (2) the applicable EPA hazardous waste number(s)
(EPA hazardous waste codes) in subparts C and D of part 261; (3) other
words that identify the contents of the containers--examples may
include, but are not limited to the name of the chemical(s), such as,
``acetone'' or ``methylene dichloride''; or the type or class of
chemical, such as ``organic solvents'' or ``halogenated organic
solvents'' or, as applicable, the proper shipping name and technical
name markings used to comply with DOT requirements at 49 CFR part 172
subpart D; (4) an indication of the hazards of the contents of the
container (examples include, but are not limited to, the applicable
hazardous waste characteristic(s) (i.e., ignitable, corrosive,
reactive, toxic); a hazard class label consistent with the Department
of Transportation requirements at 49 CFR part 172 subpart E (labeling);
a label consistent with the Occupational Safety and Health
Administration Hazard Communication Standard at 29 CFR 1920.1200; a
chemical hazard label consistent with the National Fire Protection
Association code 704; or a hazard pictogram consistent with the United
Nations' Globally Harmonized System); or any other marking or labeling
commonly used nationwide in commerce that would alert workers and
emergency responders to the nature of the hazards associated with the
contents of the containers. The Agency will continue to require each
container to be clearly marked with the date each period of
accumulation begins.
The Agency believes this proposed change will not adversely impact
facility operations. In fact, because these are consistent with the
requirements for marking and labeling that are proposed elsewhere in
the regulations, we believe it will be easier for all those who manage
the hazardous waste to know and comply with the consistent system of
marking and labeling. In addition, a clear description of what material
is in each container makes the facility safer for employees, first
responders, and the public. The Agency requests comment on this
proposed change.
Effect of the Proposed Reorganization: This section is not affected
by the proposed reorganization.
XIII. Proposed Reorganization of Hazardous Waste Generator Regulations
EPA is proposing to reorganize the hazardous waste generator
regulations to make them more user-friendly, which should facilitate
better generator compliance. As part of the Agency's 2004 Program
Evaluation of the hazardous waste generator program, the most frequent
comment by stakeholders was to improve the user-friendliness of the
regulations.
Although many existing generators are familiar with the current
regulations, every year many generators either enter the hazardous
waste generator program or switch their generator category and
therefore need to become familiar with their obligations. Similarly, an
existing generator may need to examine a particular regulatory citation
to ensure it is complying with the regulations correctly. The Agency
believes that providing these generators with a user-friendly
regulatory framework is an effective way to make the regulations easier
to understand for those who need to comply with them.
Therefore, in response to these concerns, EPA is proposing the
following organizational changes:
(1) Integrate the generator regulations in Sec. 261.5 into the
generator regulations at part 262 by moving Sec. 261.5 (which contains
the regulations applicable to CESQGs, counting of hazardous waste, and
mixing of hazardous wastes with non-hazardous wastes);
(2) Move the existing regulations at Sec. 262.34 for SQGs and LQGs
into three new sections:
(a) Satellite accumulation areas regulations for small and large
quantity generators,
(b) Conditions for exemption for an SQG that accumulates hazardous
waste; and
(c) Conditions for exemption for an LQG that accumulates hazardous
waste;
(3) Use subtitles in these new sections; and
(4) Where reasonable, incorporate regulations that currently cross
reference part 265 into these new sections.
A. Moving and Integrating Regulations from 40 CFR 261.5 into 40 CFR
Part 262
Currently, certain hazardous waste generator regulations are
located in a different part of the regulations (40 CFR 261.5) from the
rest of the generator regulations (40 CFR part 262). Stakeholders have
stated that this current organization is confusing and not user
friendly and have asked EPA to move the CESQG regulations in Sec.
261.5 into part 262 so that all the generator regulations are in the
same place. The Agency believes this reorganization would alleviate
much confusion in the regulated community and, in the process, would
foster greater compliance with the regulations.
Specifically, EPA is proposing to move the definition of a CESQG
that generates non-acute hazardous waste at Sec. 261.5(a) into the
CESQG definition at Sec. 260.10, move Sec. 261.5(c) through (e) to a
new section at Sec. 262.13 titled ``Generator category determination''
and move Sec. 261.5(b) and (f) through (j) to a new section at Sec.
262.14 titled ``Conditions for exemption for a very small quantity
generator.'' \121\
---------------------------------------------------------------------------
\121\ EPA is proposing to rename CESQGs to VSQGs (very small
quantity generators). For a detailed discussion on this proposed
change see section VI.B of this preamble.
---------------------------------------------------------------------------
1. Hazardous Waste Generation Quantity Limits for CESQGs (40 CFR
261.5(a) and (e))
Currently Sec. 261.5(a) sets forth the non-acute hazardous waste
quantity limits for a CESQG and Sec. 261.5(e) provides quantity limits
for generating acute hazardous waste and any residue or contaminated
soil, waste, or other debris resulting from the cleanup of a spill of
[[Page 57981]]
acute hazardous waste. As mentioned previously, EPA is now proposing to
define each category of generator at Sec. 260.10, and, thus, under the
reorganization, Sec. 261.5(a) and (e) will be incorporated into those
definitions.
2. Determining Generator Category (40 CFR 261.5(c) and (d))
Section 261.5(c) and (d) set forth the provisions for a hazardous
waste generator to use in making its generator category determination.
Every hazardous waste generator must determine its generator category
so it knows what regulations are applicable to it. Since these
regulations are applicable to all hazardous waste generators, it makes
sense to move them into 40 CFR part 262 along with the other hazardous
waste generator regulations. To further aid in making the regulations
more user friendly, the Agency is proposing to make a new section for
generator category determination at Sec. 262.13, titled ``Generator
category determination.'' This new section is appropriate because,
after a generator of a solid waste determines it has generated a
hazardous waste (Sec. 262.11), the generator must then determine its
hazardous waste generator category for the calendar month. Table 3--
Crosswalk of Existing Citations to Proposed Citations for Determining
Generator Category provides a summary of the crosswalk between the
existing and proposed regulatory citations for determining a
generator's category.
Table 3--Crosswalk of Existing Citations to Proposed Citations for Determining Generator Category
----------------------------------------------------------------------------------------------------------------
Regulation Existing citation Proposed citation Comment
----------------------------------------------------------------------------------------------------------------
Definitions of Generator Categories.. Sec. Sec. 260.10, Sec. 260.10.......... Current definition of
261.5 and 262.34. SQG in Sec. 260.10
is outdated. Current
usage of generator
categories is based on
Sec. Sec. 261.5 and
262.34.
Hazardous Waste Limits for CESQGs.... Sec. 261.5(a) and (e) Sec. 260.10.......... .......................
Purpose, Scope, and Applicability.... Sec. 262.10.......... Sec. 262.10.......... Not moved, but expanded
significantly.
Hazardous Waste Determination and Sec. Sec. 262.11 and Sec. 262.11.......... Content in Sec.
Recordkeeping. 262.40(c). 262.11 is expanded and
Sec. 262.40(c) is
incorporated.
Generator Category Determination..... Sec. 261.5(c)-(e).... Sec. 262.13.......... .......................
----------------------------------------------------------------------------------------------------------------
3. CESQG Conditions for Exemption (40 CFR 261.5(b) and (f) through (j))
Sections 261.5(b) and (f) through (j) establish a CESQG's
conditions for exemption from regulation as an SQG or LQG. More
specifically, these conditions for exemption establish the regulations
for accumulating acute and non-acute hazardous waste, where the acute
and non-acute hazardous waste may be managed off-site, and what the
implications are when hazardous waste is mixed with solid waste or used
oil. Since these regulations set forth conditions for exemption for
CESQGs, just as the regulations found in existing Sec. 262.34 set
forth conditions for exemption for SQGs and LQGs, EPA is proposing to
move Sec. 261.5(b) and (f) through (j) to the newly created Sec.
262.14 titled, ``Conditions for exemption for a very small quantity
generator.'' All these regulations would then be located parallel to
one another in part 262. Section 262.14 would also include the CESQG
landfill ban for liquids. In addition, CESQGs who episodically generate
higher amounts of hazardous waste could follow the newly proposed
standards for episodic generation in part 262 subpart L in order to
maintain their CESQG status while managing these higher amounts of
hazardous waste. Table 4--Crosswalk of Existing Citations to Proposed
Citations for CESQGs provides a crosswalk between the existing and
proposed CESQG conditions for exemption.
Table 4--Crosswalk of Existing Citations to Proposed Citations for CESQGs
----------------------------------------------------------------------------------------------------------------
Regulation Existing citation Proposed citation Comment
----------------------------------------------------------------------------------------------------------------
CESQG Definition..................... Sec. 261.5(a)........ Sec. 260.10.......... .......................
Conditions for Exemption for a Very Sec. 261.5(b) and (f) Sec. 262.14.......... .......................
Small Quantity Generator. through (j).
CESQG Consolidation by LQGs Within N/A.................... Sec. Proposed new provision.
the Same Company. 262.14(a)(3)(viii).
Landfill Ban for Liquids............. Sec. 258.28.......... Sec. 262.14(d)....... .......................
Episodic Generation.................. N/A.................... Part 262 subpart L..... Proposed new provision.
----------------------------------------------------------------------------------------------------------------
B. SQG and LQG Conditions for Exemption (40 CFR 262.34)
SQGs and LQGs may accumulate their hazardous waste on site without
a permit or without having interim status provided they follow all of
the conditions for exemption established in Sec. 262.34. Section
262.34 can be difficult to navigate because the SQG and LQG conditions
for exemption are intertwined and there are many references to sections
in 40 CFR part 265. Therefore the Agency is proposing to break Sec.
262.34 into three new sections at Sec. Sec. 262.15, 262.16 and 262.17.
Section 262.15 would establish the conditions for exemption for SQGs
and LQGs who wish to operate an SAA, Sec. 262.16 would establish
conditions for exemption for SQGs, and Sec. 262.17 would establish the
conditions for exemption for LQGs.
1. Satellite Accumulation Area Conditions for Exemption for SQGs and
LQGs (40 CFR 262.15)
Many generators use an SAA at their sites. These areas allow
generators to accumulate hazardous waste near the point of generation,
which provides for
[[Page 57982]]
efficiencies and greater safety in the handling of hazardous waste.
When the generator has accumulated 55 gallons of hazardous waste (or
one quart of acutely hazardous waste) in the SAA, the generator must
then move the hazardous waste to the 90- or 180-day central
accumulation area within three days. Currently the conditions for
exemption for operating an SAA are located at Sec. 262.34(c). The
location of this provision in the regulations creates confusion as to
whether it applies to LQGs only or both SQGs and LQGs because it is
located between the hazardous waste accumulation conditions for LQGs
and those for SQGs. Therefore, the Agency is proposing to move 40 CFR
262.34(c) into its own section at Sec. 262.15 titled, ``Satellite
accumulation area regulations for small and large quantity
generators.''
Additionally, the Agency is proposing to duplicate Sec. Sec.
265.171, 265.172 and 265.173(a) (which are currently referenced from
Sec. 262.34(c)(1)(i)) into Sec. 262.15 in order to eliminate cross-
referencing and improve the user friendliness of the regulations. Table
5--Crosswalk of Existing Citations to Proposed Citations for SAAs
provides a summary of the crosswalk between existing and proposed
regulations for SAAs.
Table 5--Crosswalk of Existing Citations to Proposed Citations for SAAs
------------------------------------------------------------------------
Regulation Existing citation Proposed citation
------------------------------------------------------------------------
Satellite Accumulation Area Sec. 262.34(c).. Sec. 262.15.
Provisions.
Selected Part 265 Subpart I Sec. 265.171.... Sec.
Provisions. 262.15(a)(1)(i).
Selected Part 265 Subpart I Sec. 265.172.... Sec.
Provisions. 262.15(a)(1)(ii).
Selected Part 265 Subpart I Sec. 265.173(a). Sec.
Provisions. 262.15(a)(1)(iii)
.
------------------------------------------------------------------------
2. Conditions for Exemption for an SQG Accumulating Hazardous Waste
(Sec. 262.16)
As previously mentioned, the Agency is proposing to create 40 CFR
262.16 titled, ``Conditions for exemption for a small quantity
generator that accumulates hazardous waste.'' This reorganization would
move Sec. 262.34(d) through (f) and (m) into Sec. 262.16.
Specifically, the Agency proposes to move the bulk of Sec. 262.34(d)
to Sec. 262.16(b),\122\ move Sec. 262.34(e) to Sec. 262.16(d), move
Sec. 262.34(f) to Sec. 262.16(e) and move Sec. 262.34(m) to Sec.
262.16(f). Paragraph (c) of Sec. 262.16, which covers the mixing of
hazardous waste, is a new paragraph that EPA is proposing to add in
this rulemaking.\123\ EPA is also proposing to add subtitles and
eliminate several cross-references to 40 CFR part 265 in order to make
the regulations easier to navigate.
---------------------------------------------------------------------------
\122\ The portions of Sec. 262.34(d) that state what the
generation limits are for this category of generator would be moved
to the definition of ``small quantity generator'' in Sec. 262.10.
\123\ For a detailed discussion of this proposed addition please
see section VII.B of this preamble.
---------------------------------------------------------------------------
a. Addition of subtitles. EPA is proposing to add subtitles to
Sec. 262.16 to highlight to the reader the topic of each section or
paragraph. Every subtitle is italicized after the regulatory citation.
For example Sec. 262.16(b)(2) addresses ``Accumulation in
Containers.''
b. Incorporating 40 CFR part 265 subpart I, Sec. 265.201, and part
265 subpart C into 40 CFR 262.16. EPA is proposing to integrate three
sections of 40 CFR part 265--subpart I, Sec. 265.201 and subpart C--
into Sec. 262.16. First, at Sec. 262.34(d)(2), the regulations state
an SQG must comply with subpart I of part 265 except for Sec. Sec.
265.176 and 265.178. Therefore, EPA is proposing to incorporate the
text of the appropriate subpart I regulations at Sec. 262.16(b)(2).
Second, at Sec. 262.34(d)(3) the regulation states that an SQG must
comply with Sec. 265.201 in subpart J when using a tank. Thus, EPA is
proposing to incorporate the text of all of Sec. 265.201 except for
paragraph (a) at Sec. 262.16(b)(3). Paragraph (a) of Sec. 265.201 is
not necessary because it describes what is already stated in Sec.
262.16--the requirements for an SQG accumulating hazardous waste in a
tank for less than 180 days and accumulating no more than 6,000 kg on
site at any time. Third Sec. 262.34(d)(4) states an SQG must comply
with subpart C of part 265. Therefore, EPA is proposing to incorporate
the text of subpart C--Preparedness and Prevention--at Sec.
262.16(b)(8).
c. Other part 262 provisions for SQGs. In addition, part 262
subpart L would contain the newly proposed standards for SQGs who
episodically generate higher amounts of hazardous waste to maintain
their designation as SQGs during these episodic events. Also, Sec.
262.35 would include the landfill ban for liquids that applies to SQGs
and LQGs.
Table 6--Crosswalk of Existing Citations to Proposed Citations for
SQGs provides a summary of changes between the existing and proposed
citations for SQGs.
Table 6--Crosswalk of Existing Citations to Proposed Citations for SQGs
----------------------------------------------------------------------------------------------------------------
Regulation Existing citation Proposed citation Comment
----------------------------------------------------------------------------------------------------------------
Definition of Small Quantity Sec. 262.34(d)....... Sec. 260.10.......... .......................
Generator.
Accumulation Time Limit.............. Sec. 262.34(d)....... Sec. 262.16(b)....... .......................
Accumulation Limit................... Sec. 262.34(d)(1) and Sec. 262.16(a) and .......................
(f). (e).
Accumulation in Containers........... Sec. 262.34(d)(2) Sec. 262.16(b)(2).... .......................
references part 265
subpart I.
Accumulation in Tanks................ Sec. 262.34(d)(3) Sec. 262.16(b)(3).... .......................
references part 265
subpart J.
Marking of Tanks and Containers...... Sec. 262.34(d)(4) Sec. 262.16(b)(6).... .......................
references Sec.
262.34(a)(2) and (3).
Preparedness and Prevention.......... Sec. 262.34(d)(4) Sec. 262.16(b)(8) and .......................
references part 265 (9).
subpart C and Sec.
262.34(d)(5).
Land Disposal Restrictions........... Sec. 262.34(d)(4) Sec. 262.16(b)(7).... .......................
references part 268.
[[Page 57983]]
Transporting Over 200 Miles.......... Sec. 262.34(e)....... Sec. 262.16(d)....... .......................
Accumulation Time Limit Extension.... Sec. 262.34(f)....... Sec. 262.16(e)....... .......................
Episodic Generation.................. N/A.................... Part 262 subpart L..... Proposed new provision.
Landfill Ban for Liquids............. Sec. 258.28.......... Sec. 262.35.......... .......................
----------------------------------------------------------------------------------------------------------------
3. Conditions for Exemption for an LQG Accumulating Hazardous Waste (40
CFR 262.17)
As previously mentioned the Agency is proposing to create 40 CFR
262.17 titled, ``Conditions for exemption for a large quantity
generator that accumulates hazardous waste.'' The Agency is proposing
to move Sec. 262.34(a), (b), (g) through (i) and (m) into Sec.
262.17. Specifically, the Agency is proposing to move Sec. 262.34(a)
to Sec. 262.17(a), move Sec. 262.34(b) to Sec. 262.17(b), move Sec.
262.34(g) to Sec. 262.17(c), move Sec. 262.34(h) to Sec. 262.17(d),
move Sec. 262.34(i) to Sec. 262.17(e), and move Sec. 262.34(m) to
Sec. 262.16(g). EPA is additionally proposing to delete paragraphs (j)
through (l), which deal with Performance Track, since the program is no
longer in operation.\124\ Paragraph (f) of Sec. 262.17, which deals
with the mixing of hazardous waste, is a new paragraph being proposed
in this rulemaking.\125\ EPA is also proposing to add subtitles and
eliminate some cross-references to part 265 in order to make the
regulations easier to navigate.
---------------------------------------------------------------------------
\124\ For a detailed discussion of this proposed deletion please
see section VIII.K of this preamble.
\125\ For a detailed discussion of this proposed addition please
see section VII.A.2 of this preamble.
---------------------------------------------------------------------------
a. Addition of subtitles. EPA is proposing to add subtitles to
Sec. 262.17 to highlight to the reader the central concept addressed
by each section or paragraph. Every subtitle is italicized after the
regulatory citation. For example Sec. 262.17(a)(1) addresses
``accumulation in containers.''
b. Incorporating 40 CFR part 265 subpart I into 40 CFR 262.17. EPA
is proposing to incorporate the 40 CFR part 265 subpart I regulations,
which are currently referenced at Sec. 262.34(a)(1)(i), into the
proposed Sec. 262.17(a)(1). EPA also considered incorporating the text
of other subparts of part 265 that contain technical standards for LQGs
and that are currently referenced in Sec. 262.34 into the new section
Sec. 262.17 (i.e., part 265 subparts J, W, AA, BB, and CC), but
ultimately decided not to incorporate these due to the length of these
subparts.
Section 262.35 would also include the landfill ban for liquids that
applies to SQGs and LQGs. EPA requests comment on the proposed changes.
c. Emergency planning and procedures regulations for LQGs in part
265 subpart M. EPA is proposing to remove the reference to part 265
subparts C and D for the preparedness, prevention, and emergency
procedure regulations for LQGs and instead incorporate those
regulations in part 262 with the other generator regulations. However,
due to the length of these subparts, rather than copying the text of
these subparts to Sec. 262.17, EPA is proposing to copy these into a
new subpart M in part 262. EPA believes that including these provisions
in part 262, along with the rest of the generator regulations, will
make the regulations easier to navigate. EPA requests comment on this
proposed change.
d. Other part 262 provisions for LQGs. In addition, Sec. 262.17(g)
would contain the newly proposed standards for LQGs who accept and
consolidate hazardous waste from CESQGs. Also, Sec. 262.35 would
include the landfill ban for liquids that applies to SQGs and LQGs.
Table 7--Crosswalk of Existing Citations to Proposed Citations for
LQGs provides a summary of changes between the existing and proposed
citations for LQGs.
Table 7--Crosswalk of Existing Citations to Proposed Citations for LQGs
----------------------------------------------------------------------------------------------------------------
Regulation Existing citation Proposed citation Comment
----------------------------------------------------------------------------------------------------------------
Definition of Large Quantity N/A.................... Sec. 260.10.......... .......................
Generator.
Accumulation Time Limit.............. Sec. 262.34(a)....... Sec. 262.17(a)....... .......................
Accumulation in Containers........... Sec. 262.34(a)(1)(i) Sec. 262.17(a)(1).... There is still a cross-
references part 265 (Sec. 262.17(a)(1) reference to part 265
subparts I, AA, BB, also references part subparts AA, BB, and
and CC. 265 subparts AA, BB, CC because of the
CC). length of these
regulations.
Accumulation in Tanks................ Sec. 262.34(a)(1)(ii) Sec. 262.17(a)(2) There is still a
references part 265 references part 265 reference to part 265
subparts J, AA, BB, subparts J, AA, BB, CC. because of the length
and CC. of these regulations.
Accumulation on Drip Pads............ Sec. Sec. 262.17(a)(3).... Recordkeeping
262.34(a)(1)(iii). (Sec. 262.17(a)(3) provisions move to
(Sec. also references part part 262.17 and the
262.34(a)(1)(iii) also 265 subpart W). extensive technical
references part 265 standards remain in
subpart W). part 265.
Accumulation in Containment Buildings Sec. 262.34(a)(1)(iv) Sec. 262.17(a)(4).... Recordkeeping
(Sec. (Sec. 262.17(a)(4) provisions move to
262.34(a)(1)(iv) also also references part part 262.17 and the
references part 265 265 subpart DD). extensive technical
subpart DD). standards remain in
part 265.
Marking and Labeling................. Sec. 262.34(a)(2) and Sec. 262.17(a)(5).... .......................
(3).
[[Page 57984]]
Preparedness, Prevention, and Sec. 262.34(a)(4) Sec. 262.17(a)(6) Cross-references remain
Emergency Procedures. references part 265 references part 262 but to a subpart of
subparts C and D. subpart M. the generator
regulations.
Personnel Training................... Sec. 262.34(a)(4).... Sec. 262.17(a)(7).... .......................
Land Disposal Restrictions........... Sec. 262.34(a)(4) Sec. 262.17(a)(6)(ii) .......................
references applicable
parts of part 268.
Extension of Accumulation Times...... Sec. 262.34(b)....... Sec. 262.17(b)....... .......................
Accumulation of F006................. Sec. 262.34(g) Sec. 262.17(c) .......................
through (i). through (e).
Accepting waste from CESQGs to N/A.................... Sec. 262.17(g)....... Proposed new provision.
consolidate before sending to TSDF.
Rejected Loads....................... Sec. 262.34(m)....... Sec. 262.17(h)....... .......................
Landfill Ban for Liquids............. Sec. 258.28.......... Sec. 262.35.......... .......................
----------------------------------------------------------------------------------------------------------------
EPA requests comment on the proposed reorganization to the
hazardous waste generator regulations and, in particular, on whether
the proposed changes would improve the user friendliness and utility of
the regulations.
C. EPA Identification Number (40 CFR 262.12)
In the interest in keeping the generator regulations in a logical
order, EPA is proposing to move existing Sec. 262.12--EPA
identification number--to Sec. 262.18. Section 262.12 would then be
reserved. EPA believes this will improve the flow of the hazardous
waste generator regulations as it places the section addressing EPA
identification number after Sec. 262.13, which addresses how a
generator determines its generator category. This proposed sequence is
appropriate because a hazardous waste generator must first determine
what generator category it belongs to in order to determine which
regulations--including the requirement to obtain an EPA ID number--it
must comply with. (For example, SQGs and LQGs must obtain an EPA
identification number, but a CESQG does not).
EPA is requesting comment on these proposed changes.
XIV. Technical Corrections and Conforming Changes to 40 CFR Parts 260
through 265, 270, 273, and 279
The Agency is also proposing a number of technical corrections and
conforming changes to the hazardous waste generator regulations. This
proposed rule eliminates the regulatory text for discontinued programs,
identifies areas where conforming changes are necessary, updates
existing regulatory text to account for new programs, improves the
readability of certain paragraphs, and corrects typographical errors.
Specifically, the Agency is proposing the following changes, in order
of the existing regulations:
(1) Revise Sec. 260.3, which currently reads, ``As used in parts
260 through 265 and 268 of this chapter.'' This text fails to account
for additional parts of the regulations that were promulgated after
1986, such as parts 266, 267, and 270 through 273. The Agency is
proposing to revise this to read, ``As used in parts 260 through 273 of
this chapter.''
(2) Modify the definitions of ``Treatability Study,'' ``Universal
Waste Handler,'' ``Universal Waste Transporter'' in Sec. 260.10 to
only capitalize the first word (e.g., ``Universal'') in order to match
the formatting in the rest of this section.
(3) Remove the closed parenthesis after ``(e.g.,)'' from Sec.
261.1(c)(6).
(4) Improve the readability of Sec. 261.4(a)(7), which currently
reads, ``Spent sulfuric acid used to produce virgin sulfuric acid,
unless it is accumulated speculatively as defined in Sec. 261.1(c) of
this chapter.'' The Agency is proposing to revise the language to read
``Spent sulfuric acid used to produce virgin sulfuric acid provided it
is not accumulated speculatively as defined in Sec. 261.1(c) of this
chapter.''
(5) Make conforming changes to citations that reference Sec. 261.5
to reflect EPA's proposal to move these regulations. The citations
where references to Sec. 261.5 are to be revised include all the
following: Sec. Sec. 262.10(b), 262.10(l)(2), 262.201(b), 262.204(a),
262.210(b)(3), 262.210(d)(2), 262.211(e)(3), 262.213(a)(2),
262.213(a)(3), 262.213(b)(2), 262.216(b), 264.1(g)(1), 268.1(e)(1),
270.1(c)(2)(iii), and 279.10(b)(3). In Sec. 261.33(e) and (f), EPA is
proposing to altogether remove the references to Sec. Sec. 261.5(e)
and 261.5(a) and (g), respectively, because the quantity limits for
hazardous wastes are contained in EPA's proposed definitions for very
small quantity generator, small quantity generator, and large quantity
generator.
(6) Replace the word ``waste'' with ``water'' in Sec. 261.5(e)(2),
which reads, ``A total of 100 kg of any residue or contaminated soil,
waste, or other debris resulting from the clean-up of a spill, into or
on any land or water. . . .'' Prior to 1985, the word ``waste'' was
``water'' and the Agency is unable to determine why this change
occurred. (In the proposed reorganization, this language is moved to
Sec. 260.10 and is contained in the definitions of large quantity
generator, small quantity generator and very small quantity generator.)
(7) Revise Sec. 261.420 to clarify that the requirement in Sec.
261.411(c) that all employees be familiar with proper waste handling
and emergency procedures relevant to their responsibilities applies to
facilities that generate or accumulate more than 6,000 kg of hazardous
materials as well as to facilities that generate or accumulate less
than that amount.
(8) Remove Notes 1 and 2 from Sec. 262.10. Note 1 states that the
provisions of Sec. 262.34 are applicable to the on-site accumulation
of hazardous waste by generators. Therefore, the provisions of Sec.
262.34 only apply to owners or operators who are shipping hazardous
waste which they generated at that facility. Note 2 states that a
generator who treats, stores, or disposes of hazardous waste on site
must comply with the applicable standards and permit requirements set
forth in 40 CFR parts 264, 265, 266, 268, and 270. These notes are no
longer necessary should EPA finalize the changes in this proposed rule,
which include replacing Sec. 262.34 with a new reorganization of the
regulations that address Note 1and proposing regulations in Sec.
262.10 that address Note 2.
(9) Remove the extra period in the last line of the paragraph at
Sec. 262.10(l).
[[Page 57985]]
(10) Make conforming changes to sections that reference Sec.
262.34 to reflect EPA's proposal to move these regulations. The
citations where references to Sec. 262.34 are to be revised include
the following: Sec. Sec. 262.10(l)(1), 262.201(a), 262.201(a),
262.216(a), 264.1(g)(3), 264.71(c), 264.1030(b)(2), 264.1050(b)(2),
265.1(c)(7), 265.71(c), 265.1030(b)(2) and (b)(3), 268.7(a)(5) and
270.1(c)(2)(i).
(11) Make conforming change to remove and reserve Sec. 262.40(c)
because this section (regarding records for waste determinations) is
proposed to move to Sec. 262.11.
(12) Correct the statutory citation at Sec. 262.43 that currently
refers to sections 2002(a) and 3002(6) of the Act. The reference to
3002(6) should be to 3002(a)(6). Additionally, the word ``he'' is
removed in order to be gender neutral.
(13) Remove references to Project XL programs that have been
discontinued. These include the New York State Public Utilities Project
XL program at subpart I of 40 CFR part 262 and the University
Laboratories Project XL program at subpart J of 40 CFR part 262. We
have also removed and reserved the reference at Sec. 262.10(j) to the
University Laboratories Project XL.
(14) Make two conforming changes to the definition of ``central
accumulation area'' in Sec. 262.200 in subpart K. We are proposing to
move this definition from this location to Sec. 260.10 with the
following revisions. First, because of the reorganization of the
regulations in 40 CFR part 262, we are proposing to change the
references to the applicable regulations for the central accumulation
areas that are used in the definition of central accumulation area in
Sec. 262.200. For LQGs, we are proposing that the reference to Sec.
262.34(a) be changed to Sec. 262.17 and for SQGs, we are proposing
that the reference to Sec. 262.34(d) through (f) be changed to Sec.
262.16. Second, we are proposing to remove the reference to Performance
Track in the definition of ``central accumulation area'' in Sec.
262.200 of subpart K because the Performance Track program has been
terminated (74 FR 22741; May 14, 2009). Both of these conforming
changes are reflected in the proposed definition of ``central
accumulation area'' being added in Sec. 260.10.
(15) Make conforming changes to citations that use the term
``conditionally exempt small quantity generator'' to reflect EPA's
proposed change to the term ``very small quantity generator.'' The
citations where ``conditionally exempt small quantity generator'' is to
be replaced with ``very small quantity generator'' include: Sec. Sec.
262.200, 262.201(b), 262.202(b), 262.203(a), 262.203(b)(2), 262.204(a),
262.209(b), 262.210(d)(2), 262.213(a)(3), 268.1(e)(1),
270.1(c)(2)(iii), 273.8, 273.8(a)(2), 273.81(b), 279.10(b)(3).
(16) Improve the readability of Sec. 264.170, which currently
reads, ``The regulations in this subpart apply to owners and operators
of all hazardous waste facilities that store containers of hazardous
waste. . . .'' The Agency is proposing to revise this language to read,
``The regulations in this subpart apply to owners and operators of all
hazardous waste facilities that store hazardous waste in containers. .
. .''
(17) Improve the readability of the first sentence in Sec.
264.191(a), which currently reads, ``For each existing tank system. . .
. the owner or operator must determine that the tank system is not
leaking or is unfit for use.'' The Agency is proposing to revise this
language to read, ``For each existing tank system . . . the owner or
operator must determine that the tank system is not leaking or is fit
for use.''
(18) Improve the readability of Sec. 265.1(c)(7), which currently
reads, ``A generator accumulating waste on-site in compliance with
Sec. 262.34 of this chapter, except to the extent the requirements are
included in Sec. 262.34 of this chapter.'' The Agency is proposing to
revise the sentence to read, ``A generator accumulating waste on site
except to the extent the requirements are included in Sec. Sec.
262.16, and 262.17 of this chapter.''
(19) Correct the list of Federal Register notices in Sec. 265.54
to be consistent with the list of references in Sec. 264.54. The
reference to 53 FR 37935, September 28, 1988, is missing from Sec.
265.54.
(20) Add to Sec. 265.111(c) a missing regulatory citation to Sec.
265.445 applicable to drip pads. Section 265.111(c) would then read,
``Complies with the closure requirements of this subpart, including,
but not limited to, the requirements of Sec. Sec. 265.197, 265.228,
265.258, 265.280, 265.310, 265.351, 265.381, 265.404, 265.445, and
265.1102.''
(21) Add to Sec. 265.114 a missing regulatory citation to Sec.
265.445 applicable to drip pads and Sec. 265.1102 applicable to
containment buildings. Section 265.114 would then read, ``During the
partial and final closure periods, all contaminated equipment,
structures and soil must be properly disposed of, or decontaminated
unless specified otherwise in Sec. Sec. 265.197, 265.228, 265.445,
265.258, 265.280, 265.310 or 265.1102. . . .''
(22) Make a conforming change to remove and reserve Sec. 265.201
(Special requirements for generators of between 100 and 1,000 kg/mo
that accumulate hazardous waste in tanks). EPA is proposing to move
this section into proposed Sec. 262.16.
(23) Add a missing reference to 40 CFR part 268 in Sec.
270.1(a)(3), which currently reads, ``The RCRA permit program. . . . in
40 CFR parts 264, 266, and 267.'' Therefore, the Agency is revising
this to read, ``The RCRA permit program . . . in 40 CFR parts 264, 266,
267, and 268.''
XV. Request for Comment on Use of Electronic Tools to Streamline
Hazardous Waste Reporting and Recordkeeping Requirements
As part of this proposed rule, the Agency is also exploring the
feasibility of using electronic tools to streamline hazardous waste
reporting and recordkeeping requirements. Two examples previously
discussed include requesting comment on an electronic hazardous waste
determination decision tool and development of an electronic
application containing information from the executive summaries of
contingency plans that emergency responders can use in responding to an
emergency.
Information technology can be an important step toward improving
RCRA implementation. Many aspects of our lives can currently be managed
electronically. We bank from home, send pictures from phones, and track
packages across the country from our desks. Yet, much of the
information reported to EPA and states by generators is still submitted
on paper, which requires government staff or contractors to manually
enter the data into federal and state data systems. Delays in data
processing can cause important information to go unnoticed. In
addition, errors introduced through manual data entry can require
aggravating and time-consuming correction processes by both regulated
entities and the government.
Use of electronic tools can provide the regulated community,
regulators, and the public with more accurate, complete, and timely
information on regulated activities, pollution, and compliance.
Software that allows for self-correction by flagging potential errors,
as is done by EPA's Toxics Release Inventory--Made Easy web tool or the
Greenhouse Gas Reporting system, can even help prevent mistakes before
they happen, saving both regulated entities and regulators time and
money. Electronic reporting also creates greater transparency as
greater information accessibility can inspire better compliance by
facilities.
[[Page 57986]]
Electronic reporting, in this context, is not simply emailing files
to the government. Rather, it would be a system that begins with an
electronic ``smart'' form or web tool to guide the regulated entity
thru recordkeeping and reporting processes, such as waste
determinations. The system would also include data standards, identity
proofing, and a government database to receive data. Error prevention
and compliance assistance could be integrated into the reporting tool.
For example, forms can be configured to self-populate with data from
prior forms (e.g., names and addresses), to question entries that
appear erroneous (e.g., entries an order of magnitude or more above or
below data from prior years or above or below reasonable levels) and to
prevent submission before required data fields are completed.
The Agency believes electronic tools have the potential to greatly
assist generators in complying with the existing and proposed hazardous
waste regulations. For example, EPA believes that electronic tools
could help generators make more accurate hazardous waste
determinations. As previously discussed, an app could be used as a
decision support tool to help guide generators through the hazardous
waste determination process for each waste stream they generate. This
tool could walk generators through a series of question and answer
steps, identify relevant sources in making the determination,
electronically generate and store all of the associated data and
records that generators may be required to maintain, and provide
assistance on proper management of the identified wastes.
Other examples include using electronic tools to file notifications
required under the rule, such as notifications for episodic generators,
for LQGs that desire to take advantage of consolidating waste from
CESQGs that are within the same company, and for generators that close
a unit that accumulated hazardous waste. In this case, the electronic
tools could be useful in submitting required reports, and in
electronically generating, storing, and filing all reports.
Other areas of the RCRA regulations where electronic tools may
assist with compliance include the following:
Determining monthly generator category;
Maintaining records of shipments;
Maintaining contingency planning and emergency procedures
recordkeeping and reporting requirements;
Maintaining inventory logs for documenting accumulation time
in tanks, drip pads, and containment buildings; and
Maintaining personnel training documents and records.
EPA believes the use of electronic tools would help hazardous waste
generators improve and maintain compliance with the RCRA regulations,
thereby reducing violations and increasing environmental benefits. EPA
also believes the costs of receiving and evaluating reports from
generators could be greatly reduced for EPA and state/tribal agencies.
For example, when the Toxics Release inventory switched from paper
reporting to e-reporting, costs of managing the data went down by 99%
and accuracy was increased.
EPA is not aware of any existing electronic tools that would
specifically assist generators with meeting the RCRA regulatory
requirements. However, EPA did identify a variety of state and academic
internet-based hazardous waste determination tools and workbooks (as
discussed in section VIII.B.8.).
EPA is considering a range of electronic reporting options. The
Agency may explore developing certain tools for use by the regulated
community or may invite third-party vendors to provide such tools. The
latter option could be similar to the Internal Revenue Service (IRS)
model for electronic tax preparation. The IRS model uses third-party
software providers for tax data collection and transmission (e.g.,
TurboTax, TaxACT, or others) from private citizens and businesses.
Under this option, the Agency would not purchase services from any
provider. All financial transactions would be between the providers and
members of the regulated community. EPA would specify the required data
for collection and the requirements necessary for exchanging data
(e.g., data delivery protocols, standards, guidelines, and procedures
compliant with EPA's Cross-Media Electronic Reporting Regulation
(CROMERR) (see 40 CFR part 3)).
EPA welcomes public comment on specific reports and data types that
could be reported electronically if the Agency were to move forward
with exploring electronic reporting, including what the quality
assurance and quality control procedures should be with respect to data
timeliness, accuracy, completeness, and consistency. EPA also asks for
comment on which reports commenters think should be highest priority
for electronic reporting. EPA solicits comment on the option of
allowing software vendors to offer their clients federal electronic
reporting services compliant with the final rule and on potential
methods for determining whether third-party software vendors meet the
minimum federal electronic data requirements. EPA would need to certify
or approve the methods used by the software to authenticate, encrypt,
and possibly send compliance monitoring and other data. EPA would also
like to hear from authorized RCRA programs that have experience in
implementing electronic reporting, especially their experience with
phasing in implementation. EPA also requests comment on whether
electronic tools should be provided by EPA and/or states and tribes.
XVI. Enforceability
Persons that generate hazardous waste must comply with all the
applicable independent requirements of the RCRA hazardous waste
regulations, unless they obtain a conditional exemption from those
requirements, provided by Sec. 262.14 (formerly Sec. 261.5), or by
Sec. 262.15, 262.16, or 262.17 (formerly all contained in Sec.
262.34), or by Sec. 262.70. If a person violates independent
requirements or fails conditions for exemption, EPA may bring an
enforcement action under section 3008 of RCRA for violations of the
independent requirements. Where a generator does not comply with
conditions for an exemption and is therefore no longer exempt, the
enforcement action will allege violations of those independent
requirements from which the generator was attempting to remain exempt.
States may choose to enforce against violations of state hazardous
waste requirements under state authorities.
As with any violation, EPA and authorized states have enforcement
mechanisms available that range in severity. In addition, EPA and
authorized states have flexibility in applying these mechanisms to the
various responsible parties as appropriate to the specific
circumstances. Some of the enforcement mechanisms include sending a
notice of violation, ordering compliance, ordering that the operations
cease, or assessing penalties as appropriate. Nothing in this proposal
affects any of these enforcement mechanisms EPA or the states may
utilize nor the manner in which enforcement cases will be initiated or
pursued.
XVII. State Authorization
A. Applicability of Rules in Authorized States
Under section 3006 of RCRA, EPA may authorize states to administer
the
[[Page 57987]]
RCRA Subtitle C hazardous waste program. Following authorization, the
authorized state program operates in lieu of the federal regulations.
EPA retains enforcement authority to enforce the authorized state
Subtitle C program, although authorized states have primary enforcement
authority. EPA also retains its authority under RCRA sections 3007,
3008, 3013, and 7003. The standards and requirements for state
authorizations are found at 40 CFR part 271.
Prior to enactment of the Hazardous and Solid Waste Amendments of
1984 (HSWA), a state with final RCRA authorization administered its
hazardous waste program entirely in lieu of EPA administering the
federal program in that state. EPA did not issue permits for any
facilities in that state, since the state was now authorized to issue
RCRA permits. When new, more stringent federal requirements were
promulgated, the state was obligated to enact equivalent authorities
within specified time frames. However, the new requirements did not
take effect in an authorized state until the state adopted the
equivalent state requirements.
In contrast, under RCRA section 3006(g) (42 U.S.C. 6926(g)), which
was added by HSWA, new requirements and prohibitions imposed under HSWA
authority take effect in authorized states at the same time that they
take effect in unauthorized states. While states must still adopt HSWA
related provisions as state law to retain authorization, EPA implements
the HSWA provisions in authorized states, including the issuance of any
permits pertaining to HSWA requirements, until the state is granted
authorization to do so.
Authorized states are required to modify their programs only when
EPA promulgates federal requirements that are more stringent or broader
in scope than existing federal requirements.\126\ RCRA section 3009
allows the states to impose standards more stringent than those in the
federal program (see 40 CFR 271.1). Therefore, authorized states may,
but are not required to, adopt federal regulations, both HSWA and non-
HSWA, that are considered less stringent than previous federal
regulations.
---------------------------------------------------------------------------
\126\ EPA notes that decisions regarding whether a state rule is
more stringent or broader in scope than the federal program are made
when the Agency authorizes state programs.
---------------------------------------------------------------------------
B. Effect on State Authorization of Proposed Rule
This notice proposes regulations that amend certain sections of the
hazardous waste generator regulations in 40 CFR parts 260 through 265,
268, 270, 273, and 279. These regulations were promulgated under the
authority of sections 2002, 3001, 3002, 3003, 3004, 3007, and 3010 of
RCRA). This notice proposes changes to the RCRA Subtitle C program
under non-HSWA authority.
Thus, the standards, if finalized, would be applicable on the
effective date only in those states that do not have final
authorization of their base RCRA programs. Moreover, authorized states
are required to modify their programs only when EPA promulgates federal
regulations that are more stringent or broader in scope than the
authorized state regulations. For those changes that are less
stringent, states are not required to modify their programs. This is a
result of section 3009 of RCRA, which allows states to impose more
stringent regulations than the federal program.
Several of the revisions to the proposed hazardous waste generator
regulations are more stringent than those promulgated in various rules
that went into effect when the RCRA hazardous waste Regulations were
first initiated (e.g., 1980-1986). These include the following: (1)
requiring both SQGs and LQGs to document their non-hazardous waste
determinations when they have generated a solid waste (section VIII.B
of this preamble); (2) requiring SQGs to re-notify every two years if
they have not done so otherwise through an alternative process (section
VIII.C of this preamble); (3) requiring SQGs and LQGs to better define
the contents and associated risks of hazardous wastes accumulated in
tanks, containers, drip pads, and containment buildings, as well as
when hazardous waste is accumulated in satellite accumulation areas
(sections VII.E., VIII.F and VIII.I of this preamble); (4) requiring
LQGs to notify EPA or their authorized state when they plan to close
either a hazardous waste accumulation unit or their generator site
(section VIII.G of this preamble); (5) requiring new LQGs to prepare an
executive summary of their contingency plans to assist responders in an
emergency (section VIII.H of this preamble); (6) requiring LQGs to
submit a biennial report that identifies all of the hazardous wastes
generated in the calendar year, not just for the months the facility
was an LQG (sections VIII.L of this preamble); (7) requiring transfer
facilities to identify the contents and associated risks of containers
that have been consolidated with other hazardous wastes (section X of
this preamble); and (8) promulgating prohibitions on storage of
restricted wastes (section XII of this preamble). Therefore, states
that have adopted the base RCRA program would be required to modify
their hazardous waste programs to incorporate equivalent provisions if
these standards are finalized.
On the other hand, three of the proposed revisions would be
considered less stringent than the current hazardous waste regulations.
These revisions include the following: (1) Allowing CESQGs to
voluntarily send hazardous waste to LQGs under the control of the same
person to facilitate the cost-effective management of hazardous wastes
within the same company (section VII.C of this preamble); (2) allowing
CESQGs and SQGs to voluntarily maintain their existing regulatory
status if they have an episodic event that generates additional amounts
of hazardous waste which would have resulted in them moving into a
higher generator category for a short period of time, so long as they
comply with specified conditions (section IX of this preamble); and (3)
allowing LQGs to voluntarily apply for a waiver from their local fire
department to accumulate ignitable and reactive wastes within the 50
foot facility boundary provision (section XI.B of this preamble). Thus,
authorized states may, but would not be required to, adopt these
changes.
This proposed rule also includes several revisions that are neither
more nor less stringent, such as (1) mixing a non-hazardous waste with
a hazardous waste (section VII.B of this preamble); (2) defining
central accumulation area (section VI.C of this preamble); (3)
prohibiting generators from sending hazardous liquids to landfills
(section VIII.M of this preamble); (4) reorganizing the hazardous waste
generator regulations to make them more user-friendly (section XIII of
this preamble); (5) deleting the performance track regulations (section
VIII.K of this preamble); (6) replacing the list of specific data
elements with a requirement to complete and submit all data elements
required in the biennial report form (section VIII.L of this preamble);
and (7) technical corrections and conforming changes to various parts
of the RCRA regulations (section XIV of this preamble). Thus,
authorized states may, but would not be required to, adopt these
changes.
[[Page 57988]]
XVIII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is a ``significant regulatory action'' in that it may raise
novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order. Accordingly, EPA submitted this action to the Office of
Management and Budget (OMB) for review under Executive Orders 12866 and
13563 (76 FR 3821, January 21, 2011) and any changes made in response
to OMB recommendations have been documented in the docket for this
action.
In addition, EPA prepared an analysis of the potential costs and
benefits associated with this action. This analysis is contained in
EPA's Regulatory Impact Analysis (RIA) document titled ``Assessment of
the Potential Costs, Benefits, and other Impacts of the Improvements to
the Hazardous Waste Generator Regulatory Program, As Proposed.'' A copy
of the analysis is available in the docket for this action and the
analysis is briefly summarized here.
Based on the impact estimates presented in the RIA, EPA does not
expect that this action will be ``economically significant'' because
the estimated annualized cost for compliance with the proposed changes
to the hazardous waste generator regulatory program is significantly
less than the $100 million annual effect threshold of Section 3(f)(1)
of Executive Order 12866. The RIA estimates the affected universe is
between 353,000 and 543,000 entities. Of this universe, between 293,000
and 469,000 CESQGs will only be affected if they choose to take
advantage of two voluntary programs being proposed.
EPA estimates the future annualized cost to industry to comply with
the requirements of this proposed action at between $6.2 and $17.4
million (at 7% discount rate). Similarly, the annualized net cost
savings or benefits for facilities opting to take advantage of two
voluntary programs in the rule (e.g., consolidation of CESQG waste by
large quantity generators under the same ownership, and generators who
would not be required to change generator status as a result of an
episodic event) is between $6.2 and $12.2 million (at 7% discount rate)
resulting in a net annualized cost of between $0.1 million and $5.2
million.
In addition to estimating the cost for this proposed rule, the RIA
also provides both quantitative and qualitative (i.e., non-monetized)
descriptions of future expected benefits for this action primarily
consisting of improved industry environmental compliance.
B. Paperwork Reduction Act (PRA)
The information collection activities in this proposed rule have
been submitted for approval to the Office of Management and Budget
(OMB) under the PRA. The Information Collection Request (ICR) document
that the EPA prepared has been assigned EPA ICR number 2513.01. You can
find a copy of the ICR in the docket for this rule, and it is briefly
summarized here.
This proposed rule is necessary for EPA and authorized states to
oversee the generation and management of hazardous waste. EPA is
proposing the establishment of these information collection
requirements under the authority of RCRA Subtitle C. There are several
provisions to this rule that will require respondents to either submit
information to EPA or authorized state, or maintain records at their
facility. For example, generators will have to notify EPA or their
authorized state they plan to take advantage of two voluntary
provisions that will provide greater flexibility in how they manage
hazardous waste (i.e., CESQG consolidation of their hazardous waste by
a LQG under the same person or company; and episodic generation of
hazardous waste resulting in a temporary change in regulatory status).
Similarly, SQGs will have to re-notify EPA or their authorized
state every other year that they have not changed their regulatory
category to support effective inspections and program management
activities. In an effort to improve program compliance, both SQGs and
LQGs will be required to maintain records supporting the basis for
their non-hazardous waste determinations (i.e., a generator generated a
solid waste but not a hazardous waste). Similarly, new LQGs will be
required to develop and submit an executive summary of their emergency
response plan to their Local Emergency Planning Committee to
effectively assist emergency responders responding to an emergency.
EPA and state agencies will use the collected information to ensure
that hazardous wastes are managed in a cost-effective manner that
minimizes risks to human health and the environment. Local emergency
response organizations will also use the collected information to
prepare contingency plans to reduce risks to emergency responders and
bystanders. EPA does not expect confidentiality to be an issue in
generators either providing information to EPA or an authorized state
or in maintaining the necessary records supporting a non-hazardous
waste determination. The statutory authority to collect the proposed
information is found at RCRA 3002 (42 U.S.C. 6922) and RCRA 3003 (42
U.S.C. 6923).
Respondents/Affected Entities: Private sector.
Respondent's Obligation to Respond: Mandatory per RCRA 3002 (42
U.S.C. 6922) and RCRA 3003 (42 U.S.C. 6923).
Estimated Number of Respondents: 96,375
Frequency of Response: On occasion.
Total Estimated Burden: 304,318 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
Total Estimated Cost: $16.8 million (per year), includes $3.9
million annualized capital or operation & maintenance costs.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
Submit your comments on the Agency's need for this information, the
accuracy of the provided burden estimates and any suggested methods for
minimizing respondent burden to the EPA using the docket identified at
the beginning of this rule. You may also send your ICR-related comments
to OMB's Office of Information and Regulatory Affairs via email to
oria_submissions@omb.eop.gov, Attention: Desk Officer for the EPA.
Since OMB is required to make a decision concerning the ICR between 30
and 60 days after receipt, OMB must receive comments no later than
October 26, 2015. The EPA will respond to any ICR-related comments in
the final rule.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. The
small entities directly regulated by this proposed rule include
entities that generate hazardous waste across various industries,
including, but not limited to, printing, petroleum refining, chemical
manufacturing, plastics and resin manufacturing, pharmaceutical
manufacturing, paint and coating, iron and steel mills, metal and metal
product manufacturing, electroplating, printed circuit board
manufacturing, semiconductor manufacturing, motor
[[Page 57989]]
vehicle parts manufacturing, research and development, hazardous waste
treatment and disposal, academic institutions, and hospitals. We have
determined that between 25,550 and 33,800 small entities impacted will
experience an impact of less than 1% of annual sales for all affected
small entities.
Although this proposed rule will not have a significant economic
impact on a substantial number of small entities, EPA nonetheless has
tried to reduce the impact of this rule on small entities. Many of the
changes in this proposed rulemaking come from outreach efforts to
generators of hazardous waste, including small entities, and are
designed to make the generator regulations more accessible and user
friendly. As part of the proposal, EPA is including several provisions
that would provide increased flexibility for small entities in managing
hazardous waste, such as the ability for hazardous waste generators to
use the episodic generator provisions if they have a distinct event
that would otherwise cause them to have to bump up to a higher
generator category. We continue to be interested in the potential
impacts of the proposed rule on small entities and welcome comments on
issues related to such impacts.
D. Unfunded Mandates Reform Act
This proposed rule does not contain an unfunded mandate of $100
million as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The RIA estimates
that the state government share of future average annualized direct
costs for the proposed rule requirements to range between $1.2 million
and $2.3 million per year. Thus, this proposed rule is not subject to
the requirements of sections 202 or 205 of UMRA.
This proposed rule is also not subject to the requirements of
section 203 of UMRA because it contains no regulatory requirements that
might significantly or uniquely affect small governments. The
rulemaking proposes clarifications and modifications to the hazardous
waste generator regulations, which impacts only those entities that
generate hazardous waste. Small governments would only be subject to
the changes in the proposed rule if they generated hazardous waste
subject to the RCRA hazardous waste requirements.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. The proposed rule simply proposes
clarifications and modifications to the existing hazardous waste
generator regulations. Thus, Executive Order 13132 does not apply to
this action. Although section 6 of Executive Order 13132 does not apply
to this action, EPA did consult with state officials in developing this
action.
F. Executive Order 13175: Consultation and Coordination with Indian
Tribal Governments
This action may have tribal implications. However, it will neither
impose substantial direct compliance costs on tribal governments, nor
preempt tribal law. Under the RCRA statute, the federal government
implements hazardous waste regulations directly in Indian Country.
Thus, the proposed changes to the hazardous waste regulations would not
impose any direct costs on tribal governments.
The EPA consulted with tribal officials under the EPA Policy on
Consultation and Coordination with Indian Tribes early in the process
of developing this regulation to permit them to have meaningful and
timely input into its development. A summary of that consultation is
provided in the docket for this action.
As required by section 7(a), the EPA's Tribal Consultation Official
has certified that the requirements of the executive order have been
met in a meaningful and timely manner. A copy of the certification is
included in the docket for this action.
G. Executive Order 13045: Protection of Children from Environmental
Health Risks and Safety Risks
This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the Agency does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children. The Agency does not believe that this action presents risks
to the public. In fact, there are several components to this proposed
rule that modify the existing hazardous waste generator regulations to
enhance environmental protection in the local community. Examples
include (1) requiring LQGs and SQGs to document and maintain records of
their waste determinations, including determinations that a solid waste
is a non-hazardous waste; (2) requiring LQGs and SQGs to provide more
detailed marking and labeling information for containers, tanks, drip
pads, and containment buildings accumulating hazardous wastes; (3)
requiring LQGs to notify EPA or an authorized state when they plan to
close either a hazardous waste accumulation unit or their site; (4)
requiring LQGs and SQGs to re-notify EPA or the authorized state on a
periodic basis of their hazardous waste generator activities; and (5)
improving emergency preparedness and response regulations on the part
of SQGs and LQGs.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. This proposed rule does not involve the
supply, distribution, or use of energy.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629 (February 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this proposed rule increases the level of
environmental protection for all affected populations and thus will not
have disproportionately high and adverse human health or environmental
effects on minority, low-income or indigenous populations.
Specifically, there are several components to this proposed rule that
modify the existing hazardous waste generator regulations to assist
generators in understanding and facilitating improved compliance with
the hazardous waste regulations. Examples include modifying regulations
regarding mixing of non-hazardous waste with a hazardous waste by a
[[Page 57990]]
generator, or when a hazardous waste generator generates both acute and
non-acute hazardous waste in the same calendar month. Additionally, EPA
is proposing to reorganize the hazardous waste generator rules to make
them more user-friendly and therefore assist generators in
understanding their responsibilities in managing the hazardous waste
they generate safely, which support better environmental protection.
Still other components of this proposed rule enhance environmental
protection in the local community, and therefore foster improved
environmental protection, including for minority populations and low-
income populations. They include, for example, (1) requiring LQGs and
SQGs to document and maintain records of their waste determinations,
including determinations that a solid waste is a non-hazardous waste;
(2) requiring LQGs and SQGs to provide more detailed marking and
labeling information for containers, tanks, drip pads, and containment
buildings accumulating hazardous wastes; (3) requiring LQGs to notify
EPA or an authorized state when they plan to close either a hazardous
waste unit or their site; (4) requiring LQGs and SQGs to re-notify EPA
or the authorized state on a periodic basis of their hazardous waste
generator activities; and (5) improving emergency preparedness and
response regulations on the part of SQGs and LQGs.
Furthermore, EPA is also proposing to allow CESQGs to ship their
hazardous waste to an LQG under the control of the same person. As
described in section VII.C of the preamble, this may increase
environmental protection in the local community because hazardous waste
generated by CESQGs would be subject to more stringent requirements
upon receipt by the LQG, including ultimate management by a RCRA
permitted TSDF (as opposed to being managed possibly in a municipal
solid waste landfill). Although this proposed change could result in an
increase in traffic for certain communities, EPA believes the increase
would not be significant given that CESQGs currently may send their
hazardous waste to a number of destinations, including municipal and
non-municipal solid waste management facilities.
Lastly, EPA is proposing alternative standards for CESQGs and SQGs
that would allow these entities to maintain their generator category if
generating hazardous waste from an episodic event. Although these
generators would be allowed to temporarily manage a greater amount of
hazardous waste than their normal generator category allows, EPA is
proposing conditions under which the hazardous waste generated from an
episodic event must be managed in order to maintain protection of human
health and the environment. Therefore, EPA does not anticipate
disproportionately high and adverse human health or environmental
effects on minority, low-income or indigenous populations from these
proposed alternative standards.
List of Subjects
40 CFR Part 260
Environmental protection, Administrative practice and procedure,
Confidential business information, Incorporation by reference,
Hazardous waste, Reporting and recordkeeping requirements.
40 CFR Part 261
Environmental protection, Hazardous waste, Recycling, Reporting and
recordkeeping requirements.
40 CFR Part 262
Environmental protection, Exports, Hazardous materials
transportation, Hazardous waste, Imports, Incorporation by reference,
Labeling, Packaging and containers, Reporting and recordkeeping
requirements.
40 CFR Part 263
Environmental protection, Hazardous materials transportation,
Hazardous waste, Reporting and recordkeeping requirements.
40 CFR Part 264
Environmental protection, Air pollution control, Hazardous waste,
Insurance, Packaging and containers, Reporting and recordkeeping
requirements, Security measures, Surety bonds.
40 CFR Part 265
Environmental protection, Air pollution control, Hazardous waste,
Insurance, Packaging and containers, Reporting and recordkeeping
requirements, Security measures, Surety bonds, Water supply.
40 CFR Part 268
Environmental protection, Hazardous waste, Reporting and
recordkeeping requirements.
40 CFR Part 270
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Reporting and recordkeeping requirements, Water
pollution control, Water supply.
40 CFR Part 273
Environmental protection, Hazardous materials transportation,
Hazardous waste.
40 CFR Part 279
Environmental protection, Petroleum, Recycling, Reporting and
recordkeeping requirements.
Dated: August 31, 2015.
Gina McCarthy,
Administrator.
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is proposed to be amended as follows:
PART 260-- HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
0
1. The authority citation for part 260 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934,
6935, 6937, 6938, 6939, and 6974.
0
2. Section 260.3 is amended by revising the introductory paragraph to
read as follows:
Sec. 260.3 Use of number and gender.
As used in parts 260 through 273 of this chapter:
* * * * *
0
3. Amend Sec. 260.10 by:
0
a. Adding in alphabetical order the definitions of ``Acute hazardous
waste'', ``Central accumulation area'', ``Large quantity generator'',
``Non-acute hazardous waste'';
0
b. Removing the definition for ``Performance Track member facility'';
0
c. Revising the definition of ``Small quantity generator'';
0
d. Revising the heading of the definition ``Treatability Study'' to
read ``Treatability study'';
0
e. Revising the heading of the definition ``Universal Waste Handler''
to read ``Universal waste handler''; and
0
f. Revising the heading of the definition ``Universal Waste
Transporter'' to read ``Universal waste transporter''; and
0
g. Adding in alphabetical order the definition of ``Very small quantity
generator''.
The revisions and additions read as follows:
Sec. 260.10 Definitions.
* * * * *
Acute hazardous waste means hazardous wastes that meet the listing
criteria in Sec. 261.11(a)(2) and therefore are either listed in Sec.
261.31 of this chapter with the assigned hazard code
[[Page 57991]]
of (H) or are listed in Sec. 261.33(e) of this chapter.
* * * * *
Central accumulation area means any on-site hazardous waste
accumulation area with hazardous waste accumulating in units subject to
either Sec. 262.16 (for small quantity generators) or Sec. 262.17
(for large quantity generators). A central accumulation area at an
eligible academic entity that chooses to be subject to part 262 subpart
K must also comply with Sec. 262.211 when accumulating unwanted
material and/or hazardous waste.
* * * * *
Large quantity generator is a generator who generates any of the
following amounts in a calendar month:
(1) Greater than or equal to 1000 kilograms (2200 lbs) of non-acute
hazardous waste;
(2) Greater than 1 kilogram (2.2 lbs) of acute hazardous waste
listed in Sec. 261.31 or Sec. 261.33(e) of this chapter; or
(3) Greater than 100 kilograms (220 lbs) of any residue or
contaminated soil, water, or other debris resulting from the cleanup of
a spill, into or on any land or water, of any acute hazardous waste
listed in Sec. 261.31 or Sec. 261.33(e) of this chapter.
* * * * *
Non-acute hazardous waste means all hazardous wastes that are not
acute hazardous waste, as defined in this section.
* * * * *
Small quantity generator is a generator who generates the following
amounts in a calendar month:
(1) Greater than 100 kilograms (220 lbs) but less than 1000
kilograms (2200 lbs) of non-acute hazardous waste;
(2) Less than or equal to 1 kilogram (2.2 lbs) of acute hazardous
waste listed in Sec. Sec. 261.31 or Sec. 261.33(e) of this chapter;
and
(3) Less than or equal to 100 kilograms (220 lbs) of any residue or
contaminated soil, water, or other debris resulting from the cleanup of
a spill, into or on any land or water, of any acute hazardous waste
listed in Sec. 261.31 or Sec. 261.33(e) of this chapter.
* * * * *
Very small quantity generator is a generator who generates less
than or equal to the following amounts in a calendar month:
(1) 100 kilograms (220 lbs) of non-acute hazardous waste; and
(2) 1 kilogram (2.2 lbs) of acute hazardous waste listed in Sec.
261.31 or Sec. 261.33(e) of this chapter; and
(3) 100 kilograms (220 lbs) of any residue or contaminated soil,
water, or other debris resulting from the cleanup of a spill, into or
on any land or water, of any acute hazardous waste listed in Sec.
261.31 or Sec. 261.33(e) of this chapter.
* * * * *
0
4. Section 260.11 is amended by revising the section heading and
paragraph (d)(1) to read as follows:
Sec. 260.11 Incorporation by reference.
* * * * *
(d) * * *
(1) ``Flammable and Combustible Liquids Code'' (1977 or 1981), IBR
approved for Sec. Sec. 262.16, 264.198, 265.198, 267.202(b).
* * * * *
PART 261-- IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
0
5. The authority citation for part 261 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y), and
6938.
Sec. 261.1 [Amended]
0
6. Section 261.1, paragraph (c)(6) is amended by removing ``(e.g.,)''
and inserting ``(e.g.,'' in its place.
0
7. Section 261.4 is amended by revising paragraph (a)(7) to read as
follows:
Sec. 261.4 Exclusions.
(a) * * *
(7) Spent sulfuric acid used to produce virgin sulfuric acid
provided it is not accumulated speculatively as defined in Sec.
261.1(c) of this chapter.
* * * * *
Sec. 261.5 [Removed and reserved]
0
8. Remove and reserve Sec. 261.5.
0
9. Section 261.6 is amended by adding paragraph (c)(2)(iv) to read as
follows:
Sec. 261.6 Requirements for recyclable materials.
* * * * *
(c) * * *
(2) * * *
(iv) Section 265.75 of this chapter (biennial reporting
requirements).
* * * * *
0
10. Section 261.33 is amended by revising paragraphs (e) introductory
text and (f) introductory text to read as follows:
Sec. 261.33 Discarded commercial chemical products, off-specification
species, container residues, and spill residues thereof.
* * * * *
(e) The commercial chemical products, manufacturing chemical
intermediates or off-specification commercial chemical products or
manufacturing chemical intermediates referred to in paragraphs (a)
through (d) of this section, are identified as acute hazardous wastes
(H).
* * * * *
(f) The commercial chemical products, manufacturing chemical
intermediates, or off-specification commercial chemical products
referred to in paragraphs (a) through (d) of this section, are
identified as toxic wastes (T).
* * * * *
0
11. Section 261.420 is amended by adding paragraph (g) to read as
follows:
Sec. 261.420 Contingency planning and emergency procedures for
facilities generating or accumulating more than 6000 kg of hazardous
secondary material.
* * * * *
(g) Personnel training. All employees must be thoroughly familiar
with proper waste handling and emergency procedures relevant to their
responsibilities during normal facility operations and emergencies.
PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
0
12. The authority citation for part 262 continues to read as follows:
Authority: 42 U.S.C. 6906, 6912, 6922-6925, 6937, and 6938.
Subpart A--General
0
13. Section 262.1 is added to read as follows:
Sec. 262.1 Terms used in this part.
As used in this part:
Independent requirement means a requirement of part 262 that states
an event, action, or standard that must occur or be met; and that
applies without relation to, or irrespective of, the purpose of
obtaining a conditional exemption from a permit or having interim
status under Sec. Sec. 262.14, 262.15, 262.16, or 262.17.
Condition for exemption means any requirement in Sec. Sec. 262.14,
262.15, 262.16, or 262.17, that states an event, action, or standard
that must occur or be met in order to obtain a conditional exemption
from any requirement in parts 124, 262 through 268, or 270, or from any
requirement for notification under section 3010 of RCRA.
0
14. Section 262.10 is amended by:
0
a. Revising paragraphs (a) and (b);
0
b. Removing and reserving paragraph (c);
0
c. Revising paragraph (g);
0
d. Removing and reserving paragraphs (j);
0
e. Revising paragraph (l); and
0
f. Removing Notes 1 and 2.
The revisions and additions read as follows:
[[Page 57992]]
Sec. 262.10 Purpose, scope, and applicability.
(a) The regulations in this part establish standards for generators
of hazardous waste as defined by 40 CFR 260.10.
(1) A person who generates a hazardous waste as defined by 40 CFR
part 261 is subject to all the applicable independent requirements in
the subparts and sections listed below, unless the person is a very
small quantity generator that meets the conditions for exemption in
Sec. 262.14.
(i) Independent requirements of a small quantity generator. (A)
Section 262.11 Hazardous waste determination and recordkeeping;
(B) Section 262.13 Generator category determination;
(C) Section 262.18 EPA identification numbers and re-notification
for large quantity generators and small quantity generators;
(D) Part 262 subpart B--The manifest;
(E) Part 262 subpart C--Pre-transport requirements;
(F) Section 262.40 Recordkeeping;
(G) Section 262.44 Special independent requirements for small
quantity generators;
(H) Part 262 subpart E-subpart F--Imports and exports of hazardous
waste;
(I) Part 262 subpart G--Farmers; and
(J) Part 262 subpart H--Transfrontier shipments of hazardous waste
for recovery within the OECD.
(ii) Independent requirements of a large quantity generator. (A)
Section 262.11 Hazardous waste determination and recordkeeping;
(B) Section 262.13 Generator category determination;
(C) Section 262.18 EPA identification numbers and re-notification
for large quantity generators and small quantity generators;
(D) Part 262 subpart B--The manifest;
(E) Part 262 subpart C--Pre-transport requirements;
(F) Part 262 subpart D--Recordkeeping and reporting, except Sec.
262.44;
(G) Part 262 subpart E-subpart F-- Imports and exports of hazardous
waste;
(H) Part 262 subpart G--Farmers; and
(I) Part 262 subpart H--Transfrontier shipments of hazardous waste
for recovery within the OECD.
(2) A generator that accumulates hazardous waste on site is a
facility that stores hazardous waste and is subject to the applicable
requirements of parts 124, 263 through 270, and section 3010 of RCRA,
unless it is one of the following:
(i) A very small quantity generator that meets the conditions for
exemption in Sec. 262.14;
(ii) A small quantity generator that meets the conditions for
exemption in Sec. Sec. 262.15 and 262.16; or
(iii) A large quantity generator that meets the conditions for
exemption in Sec. Sec. 262.15 and 262.17.
(3) A generator shall not transport, offer its waste for transport,
or otherwise cause its waste to be sent to a facility that is not a
designated facility, as defined in Sec. 260.10, or not otherwise
authorized to receive the generator's waste.
(b) Determining generator category. A generator must use 40 CFR
262.13 to determine which provisions of this part are applicable to the
generator based on the quantity of hazardous waste generated per
calendar month.
* * * * *
(g)(1) A generator's violation of an applicable requirement in 40
CFR part 124, 262 through 268, or 270, or of applicable notification
requirements of section 3010 of RCRA, is subject to penalty and
injunctive relief under section 3008 of RCRA.
(2) A generator's noncompliance with a condition for exemption in
this part is not subject to penalty or injunctive relief under section
3008 of RCRA as a violation of a 40 CFR part 262 condition for
exemption. Noncompliance with a condition for exemption in this part
results in failure to obtain, or to maintain, such exemption. Failure
to obtain or maintain the exemption results in a violation of one or
more applicable independent requirements in 40 CFR part 124, 262
through 268, or 270, or of the notification requirements of section
3010 of RCRA. A generator's violation of an independent requirement is
subject to penalty and injunctive relief under section 3008 of RCRA.
* * * * *
(l) The laboratories owned by an eligible academic entity that
chooses to be subject to the requirements of subpart K of this part are
not subject to (for purposes of this paragraph, the terms
``laboratory'' and ``eligible academic entity'' shall have the meaning
as defined in Sec. 262.200 of subpart K of this part):
(1) The independent requirements of Sec. 262.11 or the regulations
in Sec. 262.15 for large quantity generators and small quantity
generators, except as provided in subpart K, and
(2) The conditions of Sec. 262.14, for very small quantity
generators, except as provided in subpart K.
0
15. Revise Sec. 262.11 and its section heading to read as follows:
Sec. 262.11 Hazardous waste determination and recordkeeping.
A person who generates a solid waste, as defined in 40 CFR 261.2,
must make an accurate determination of whether that waste is a
hazardous waste using the following steps:
(a) A hazardous waste determination for each solid waste must be
made at the point of waste generation, before any dilution, mixing, or
other alteration of the waste occurs, and at any time in the course of
its management that it has, or may have, changed its properties as a
result of exposure to the environment or other factors that may change
the properties of the waste.
(b) A person must determine if the solid waste is excluded from
regulation under 40 CFR 261.4.
(c) If the waste is not excluded under 40 CFR 261.4, the person
must then use knowledge of the waste to determine if the waste meets
any of the listing descriptions under subpart D of 40 CFR part 261.
Acceptable knowledge that may be used in making an accurate
determination as to whether the waste is listed includes, but is not
limited to, waste origin, composition, the process producing the waste,
feedstock, and other relevant information. If the waste is listed, the
person may file a delisting petition under 40 CFR 260.20 and 260.22 to
demonstrate to the Administrator that the waste from this particular
site or operation is not a hazardous waste.
(d) If the waste is not listed in subpart D of 40 CFR part 261 or
if it is a listed waste, which must meet the land disposal restrictions
under 40 CFR part 268, the person then must also determine whether the
waste exhibits one or more hazardous characteristics as identified in
subpart C of 40 CFR part 261 by following the procedures in either
paragraph (d)(1) or (2) of this section.
(1) The person must test the waste according to the methods set
forth in subpart C of 40 CFR part 261 or according to an equivalent
method approved by the Administrator under 40 CFR 260.21 and in
accordance with the following:
(i) Persons testing their waste must obtain a representative sample
of the waste for the testing, as defined at 40 CFR 260.10.
(ii) Where a test method is specified in the regulation, the
results of the regulatory test, when properly performed, are definitive
for determining the regulatory status of the waste.
(2) The person must apply knowledge of the hazard characteristic of
the waste in light of the materials or the processes
[[Page 57993]]
used. Acceptable knowledge may include process knowledge (e.g.,
information about chemical feedstocks and other inputs to the
production process); knowledge of products, by-products, and
intermediates produced by the manufacturing process; chemical or
physical characterization of wastes; information on the chemical and
physical properties of the chemicals used or produced by the processor
or otherwise contained in the waste; testing that illustrates the
properties of the waste; or other reliable and relevant information
about the properties of the waste or its constituents. A test other
than a test method set forth in subpart C of 40 CFR part 261, or
according to an equivalent method approved by the Administrator under
40 CFR 260.21, may be used as part of a person's knowledge to determine
whether a solid waste exhibits a characteristic of hazardous waste.
However, such tests do not, by themselves, provide definitive results.
(e) Recordkeeping for small and large quantity generators. A small
or large quantity generator must maintain records supporting its solid
and hazardous waste determinations, including records that identify a
material as a solid waste, as defined by 40 CFR 261.2, and records
identifying whether that solid waste is or is not also a hazardous
waste, as defined by 40 CFR 261.3. Generators may wish to segregate any
of their municipal solid waste from other solid and hazardous wastes to
avoid potential co-mingling. Records must be maintained for at least
three years from the date that the waste was last generated. These
records must comprise the generator's knowledge of the waste and
support the generator's determination, as described at 40 CFR 262.11(c)
and (d). The records must include, but are not be limited to, the
following types of information: The results of any tests, sampling, or
waste analyses; records documenting the tests, sampling, and analytical
methods used and demonstrating the validity and relevance of such
tests; records consulted in order to determine the process by which the
waste was generated, the composition of the waste, and the properties
of the waste; and records which explain the knowledge basis for the
generator's determination, as described at 40 CFR 262.11(d)(2). The
periods of record retention referred to in this section are extended
automatically during the course of any unresolved enforcement action
regarding the regulated activity or as requested by the Administrator.
(f) If the waste is determined to be hazardous, all applicable EPA
hazardous waste numbers (EPA hazardous waste codes) in subparts C and D
of part 261 must be identified.
(g) If the waste is determined to be hazardous, the generator must
refer to parts 261, 264, 265, 266, 267, 268, and 273 of this chapter
for other possible exclusions or restrictions pertaining to management
of the specific waste.
Sec. 262.12 [Removed and reserved]
0
16. Remove and reserve Sec. 262.12.
0
17. Add Sec. Sec. 262.13 through 262.18 to subpart A to read as
follows:
* * * * *
Sec.
262.13 Generator category determination.
262.14 Conditions for exemption for a very small quantity generator.
262.15 Satellite accumulation area regulations for small and large
quantity generators.
262.16 Conditions for exemption for a small quantity generator that
accumulates hazardous waste.
262.17 Conditions for exemption for a large quantity generator that
accumulates hazardous waste.
262.18 EPA identification numbers and re-notification for small
quantity generators and large quantity generators.
Sec. 262.13 Generator category determination.
(a) Monthly determination. A generator's category is determined
each month by the amount of hazardous waste it generates and may change
from month to month. This section sets forth procedures to determine
whether a generator is a very small quantity generator, a small
quantity generator, or a large quantity generator for a particular
month, as defined in Sec. 260.10 of this chapter.
(b) Generators of both acute and non-acute hazardous wastes. A
generator who generates both acute hazardous waste and non-acute
hazardous waste in the same calendar month shall determine its
generator category for that month by doing the following:
(1) Counting separately the total amount of acute hazardous waste
and the total amount of non-acute hazardous waste generated in the
calendar month;
(2) Subtracting from each total any amounts of waste exempt from
counting as described in paragraphs (c) and (d) of this section;
(3) Determining separately the resulting generator categories for
the quantities of acute and non-acute hazardous waste generated; and
(4) Comparing the resulting generator categories from paragraph
(b)(3) of this section and applying the more stringent generator
category to the accumulation and management of both non-acute hazardous
waste and acute hazardous waste generated for that month.
Table 1 to Sec. 262.13--Generator Categories Based on Quantity of Waste Generated in A Calendar Month
----------------------------------------------------------------------------------------------------------------
Quantity of
Quantity of acute Quantity of non- residues from a
hazardous waste acute hazardous cleanup of acute
# generated in a waste generated in hazardous waste Generator category
calendar month a calendar month generated in a
calendar month
----------------------------------------------------------------------------------------------------------------
1............................... > 1 kg............ Any amount........ Any amount........ Large quantity
generator.
2............................... Any amount........ >= 1,000 kg....... Any amount........ Large quantity
generator.
3............................... Any amount........ Any amount........ > 100 kg.......... Large quantity
generator.
4............................... <= 1 kg........... > 100 kg and < <= 100 kg......... Small quantity
1,000 kg. generator.
5............................... <= 1 kg........... <= 100 kg......... <= 100 kg......... Very small
quantity
generator.
----------------------------------------------------------------------------------------------------------------
(c) When making the monthly quantity-based determinations required
by this part, the generator must include all hazardous waste that it
generates, except hazardous waste that:
(1) Is exempt from regulation under 40 CFR 261.4(c) through (f),
261.6(a)(3), 261.7(a)(1), or 261.8;
(2) Is managed immediately upon generation only in on-site
elementary neutralization units, wastewater treatment units, or totally
enclosed treatment facilities as defined in 40 CFR 260.10;
(3) Is recycled, without prior storage or accumulation, only in an
on-site process subject to regulation under 40 CFR 261.6(c)(2);
(4) Is used oil managed under the requirements of 40 CFR
261.6(a)(4) and 40 CFR part 279;
(5) Is spent lead-acid batteries managed under the requirements of
40 CFR part 266 subpart G;
[[Page 57994]]
(6) Is universal waste managed under 40 CFR 261.9 and 40 CFR part
273;
(7) Is a hazardous waste that is an unused commercial chemical
product (listed in 40 CFR part 261 subpart D or exhibiting one or more
characteristics in 40 CFR part 261 subpart C) that is generated solely
as a result of a laboratory clean-out conducted at an eligible academic
entity pursuant to Sec. 262.213. For purposes of this provision, the
term eligible academic entity shall have the meaning as defined in
Sec. 262.200; or
(8) Is managed under an episodic event in compliance with the
conditions of subpart L of this part.
(d) In determining the quantity of hazardous waste generated in a
calendar month, a generator need not include:
(1) Hazardous waste when it is removed from on-site accumulation;
or
(2) Hazardous waste generated by on-site treatment (including
reclamation) of the generator's hazardous waste, so long as the
hazardous waste that is treated was previously counted once; or
(3) Spent materials that are generated, reclaimed, and subsequently
reused on site, so long as such spent materials have been previously
counted once.
Sec. 262.14 Conditions for exemption for a very small quantity
generator.
(a) Hazardous waste generated by a very small quantity generator is
not subject to the independent requirements of this part, except the
paragraphs of Sec. 262.11 specified below or the requirements of parts
124, 264 through 268, and 270 of this chapter, and the notification
requirements of section 3010 of RCRA. A very small quantity generator
may accumulate hazardous waste on site without a permit or interim
status, and without complying with all the independent requirements of
the above-mentioned parts and the notification requirements of section
3010, provided that it meets all the conditions for exemption listed in
this section:
(1) In a calendar month the very small quantity generator generates
less than or equal to the amounts specified in the definition of ``very
small quantity generator'' in Sec. 260.10 of this chapter;
(2) The very small quantity generator complies with Sec. 262.11(a)
through (d) of this chapter;
(3) Accumulation conditions for exemption--(i) Acute hazardous
waste. If the very small quantity generator accumulates at any time
greater than 1 kilogram (2.2 lbs) of acute hazardous waste or 100
kilograms (220 lbs) of any residue or contaminated soil, water, or
other debris resulting from the cleanup of a spill, into or on any land
or water, of any acute hazardous waste listed in Sec. Sec. 261.31 or
261.33(e) of this chapter, all quantities of that acute hazardous waste
are subject to full hazardous waste regulation under parts 124, 262
through 268, and 270 of this chapter, and the notification requirements
of section 3010 of RCRA. The 90-day accumulation time limit of Sec.
262.17 begins on the date when the accumulated wastes exceed the above
waste quantity limits;
(ii) Non-acute hazardous waste. If the very small quantity
generator accumulates at any time 1,000 kilograms (2,200 lbs) or
greater of non-acute hazardous waste, all quantities of that hazardous
waste are subject to full hazardous waste regulation under parts 124,
262 through 268, and 270 of this chapter, and the notification
requirements of section 3010 of RCRA. The 180-day and 270-day
accumulation time limits of Sec. 262.16 begin on the date when the
accumulated wastes equal or exceed 1000 kilograms (2,200 lbs).
(4) A very small quantity generator that accumulates hazardous
waste within the limits in paragraphs (a)(3)(i) and (ii) of this
section must either treat or dispose of its hazardous waste in an on-
site facility or ensure delivery to an off-site treatment, storage, or
disposal facility, either of which, if located in the U.S., is:
(i) Permitted under part 270 of this chapter;
(ii) In interim status under parts 270 and 265 of this chapter;
(iii) Authorized to manage hazardous waste by a State with a
hazardous waste management program approved under part 271 of this
chapter;
(iv) Permitted, licensed, or registered by a state to manage
municipal solid waste and, if managed in a municipal solid waste
landfill is subject to part 258 of this chapter;
(v) Permitted, licensed, or registered by a state to manage non-
municipal non-hazardous waste and, if managed in a non-municipal non-
hazardous waste disposal unit, is subject to the requirements in
Sec. Sec. 257.5 through 257.30 of this chapter;
(vi) A facility which:
(A) Beneficially uses or reuses, or legitimately recycles or
reclaims its waste; or
(B) Treats its waste prior to beneficial use or reuse, or
legitimate recycling or reclamation;
(vii) For universal waste managed under part 273 of this chapter, a
universal waste handler or destination facility subject to the
requirements of part 273 of this chapter;
(viii) A large quantity generator under the control of the same
person as the very small quantity generator, provided the following
conditions are met:
(A) The very small quantity generator and the large quantity
generator are under the control of the same person as defined in Sec.
260.10 of this chapter. ``Control,'' for the purposes of this section,
means the power to direct the policies of the generator site, whether
by the ownership of stock, voting rights, or otherwise, except that
contractors who operate generator sites on behalf of a different person
as defined in Sec. 260.10 of this chapter shall not be deemed to
``control'' such generator sites.
(B) The very small quantity generator marks its container(s) of
hazardous waste with:
(1) The words ``Very Small Quantity Generator Hazardous Waste'';
(2) Other words that identify the contents of the containers
(examples may include, but are not limited to, the name of the
chemical(s), such as ``acetone'' or ``methylene dichloride'' or the
type or class of chemical, such as ``organic solvents'' or
``halogenated organic solvents'' or, as applicable, the proper shipping
name and technical name markings used to comply with Department of
Transportation requirements at 49 CFR part 172 subpart D);
(3) An indication of the hazards of the contents (examples include,
but are not limited to, the applicable hazardous waste
characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); a
hazard class label consistent with the Department of Transportation
requirements at 49 CFR part 172 subpart E (labeling); a label
consistent with the Occupational Safety and Health Administration
Hazard Communication Standard at 29 CFR 1920.1200; a chemical hazard
label consistent with the National Fire Protection Association code
704; a hazard pictogram consistent with the United Nations' Globally
Harmonized System; or any other marking or labeling commonly used
nationwide in commerce that identifies the nature of the hazards
associated with the contents of the waste accumulation unit); and
(4) The applicable EPA hazardous waste number(s) (hazardous waste
codes) in part 261 subparts C and D.
(b) Mixing hazardous waste with non-hazardous waste. A very small
quantity generator may mix listed or characteristic hazardous waste
with non-hazardous waste and remain eligible for the conditional
exemption applicable to a very small quantity generator provided that
either paragraph (b)(1) or (2) of this section is met:
(1) The mixture does not exhibit any of the characteristics of
hazardous waste
[[Page 57995]]
identified in subpart C of part 261 of this chapter; or
(2) If the mixture does exhibit one or more characteristics of a
hazardous waste identified in subpart C of part 261 of this chapter,
the mixture does not cause the generator to exceed the very small
quantity generator calendar month quantity limits identified in the
definition of very small quantity generator at Sec. 260.10 of this
chapter. If the mixture does exceed the quantity limit for a very small
quantity generator, the very small quantity generator, to remain exempt
from the permitting and interim status standards, must meet the
conditions for exemption applicable to either a small quantity
generator or large quantity generator according to the quantity of the
hazardous waste it generated in a calendar month, including the
resultant mixture and the total quantity the very small quantity
generator accumulated on site.
(c) If a very small quantity generator's wastes are mixed with used
oil, the mixture is subject to 40 CFR part 279. Any material produced
from such a mixture by processing, blending, or other treatment is also
regulated under 40 CFR part 279.
(d) The placement of bulk or non-containerized liquid hazardous
waste or hazardous waste containing free liquids (whether or not
sorbents have been added) in any landfill is prohibited.
(e) A very small quantity generator experiencing an episodic event
may accumulate hazardous waste in accordance with subpart L of this
part in lieu of Sec. Sec. 262.15, 262.16, and 262.17.
Sec. 262.15 Satellite accumulation area regulations for small and
large quantity generators.
(a) A generator may accumulate as much as 55 gallons of non-acute
hazardous waste and/or one quart or 1 kg (2.2 lbs) of acute hazardous
waste listed in Sec. 261.31 or Sec. 261.33(e) of this chapter in
containers at or near any point of generation where wastes initially
accumulate which is under the control of the operator of the process
generating the waste, without a permit or interim status and without
complying with Sec. 262.16(b) or Sec. 262.17(a) provided the
generator complies with the following conditions for exemption:
(1) If a container holding hazardous waste is not in good
condition, or if it begins to leak, the generator must transfer the
hazardous waste from this container to a container that is in good
condition and does not leak, or transfer and manage the waste in a
central accumulation area.
(2) The generator must use a container made of or lined with
materials that will not react with, and are otherwise compatible with,
the hazardous waste to be accumulated, so that the ability of the
container to contain the waste is not impaired.
(3) Special standards for incompatible wastes.
(i) Incompatible wastes, or incompatible wastes and materials, (see
appendix V of part 265 for examples) must not be placed in the same
container, unless Sec. 265.17(b) of this chapter is complied with.
(ii) Hazardous waste must not be placed in an unwashed container
that previously held an incompatible waste or material (see appendix V
of part 265 for examples), unless Sec. 265.17(b) of this chapter is
complied with.
(iii) A container holding a hazardous waste that is incompatible
with any waste or other materials accumulated nearby in other
containers, piles, open tanks, or surface impoundments must be
separated from the other materials or protected from them by means of a
dike, berm, wall, or other device.
(4) A container holding hazardous waste must be closed at all times
during accumulation, except:
(i) When adding, removing, or consolidating waste, or
(ii) When venting of a container is necessary
(A) For the proper operation of equipment, or
(B) To prevent dangerous situations, such as build-up of extreme
pressure.
(5) A generator must mark its container with the following:
(i) The words ``Hazardous Waste,'' and
(ii) Other words that identify the contents of the containers
(examples may include, but are not limited to the name of the
chemical(s), such as ``acetone'' or ``methylene dichloride''; or the
type or class of chemical, such as ``organic solvents'' or
``halogenated organic solvents'' or, as applicable, the proper shipping
name and technical name markings used to comply with Department of
Transportation requirements at 49 CFR part 172 subpart D); and
(iii) An indication of the hazards of the contents. (examples
include, but are not limited to, the applicable hazardous waste
characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); a
hazard class label consistent with the Department of Transportation
requirements at 49 CFR part 172 subpart E (labeling); a label
consistent with the Occupational Safety and Health Administration
Hazard Communication Standard at 29 CFR 1920.1200; a chemical hazard
label consistent with the National Fire Protection Association code
704; or a hazard pictogram consistent with the United Nations' Globally
Harmonized System; or any other marking or labeling commonly used
nationwide in commerce that identifies the nature of the hazards
associated with the contents of the waste accumulation unit).
(6) A generator who accumulates either non-acute hazardous waste or
acute hazardous waste listed in Sec. 261.31 or Sec. 261.33(e) of this
chapter in excess of the amounts listed in paragraph (a) of this
section at or near any point of generation must do the following:
(i) Remove the excess from the satellite accumulation area within
three calendar days to either
(A) A central accumulation area;
(B) An on-site interim status or permitted treatment, storage, or
disposal facility, or
(C) An off-site designated facility.
(ii) During the three-calendar-day period the generator must
continue to comply with paragraphs (a)(1) through (5) of this section.
The generator must mark the container(s) holding the excess
accumulation of hazardous waste with the date the excess amount began
accumulating.
Sec. 262.16 Conditions for exemption for a small quantity generator
that accumulates hazardous waste.
A small quantity generator may accumulate hazardous waste on-site
without a permit or interim status, and without complying with the
independent requirements of parts 124, 264 through 268, and 270 of this
chapter, provided that all the conditions for exemption listed in this
section are met:
(a) Generation. The generator generates in a calendar month no more
than the amounts specified in the definition of ``small quantity
generator'' in Sec. 260.10 of this chapter.
(b) Accumulation. The generator accumulates hazardous waste on site
for no more than 180 days, unless in compliance with the conditions for
exemption for longer accumulation in paragraphs (c) and (d) of this
section. The following accumulation conditions also apply:
(1) Accumulation limit. The quantity of hazardous waste accumulated
on site never exceeds 6,000 kilograms (13,200 pounds);
(2) Accumulation in containers--(i) Condition of containers. If a
container holding hazardous waste is not in good condition, or if it
begins to leak, the small quantity generator must transfer the
hazardous waste from this container to a container that is in good
condition, or manage the waste in some other way that complies with the
conditions for exemption of this section.
[[Page 57996]]
(ii) Compatibility of waste with container. The small quantity
generator must use a container made of or lined with materials that
will not react with, and are otherwise compatible with, the hazardous
waste to be accumulated, so that the ability of the container to
contain the waste is not impaired.
(iii) Management of containers. (A) A container holding hazardous
waste must always be closed during accumulation, except when it is
necessary to add or remove waste.
(B) A container holding hazardous waste must not be opened,
handled, or accumulated in a manner that may rupture the container or
cause it to leak.
(iv) Inspections. At least weekly, the small quantity generator
must inspect central accumulation areas. The small quantity generator
must look for leaking containers and for deterioration of containers
caused by corrosion or other factors. See paragraph (a)(2)(i) of this
section for remedial action required if deterioration or leaks are
detected.
(v) Special conditions for accumulation of incompatible wastes. (A)
Incompatible wastes, or incompatible wastes and materials, (see
appendix V of part 265 for examples) must not be placed in the same
container, unless Sec. 265.17(b) of this chapter is complied with.
(B) Hazardous waste must not be placed in an unwashed container
that previously held an incompatible waste or material (see appendix V
of part 265 for examples), unless Sec. 265.17(b) of this chapter is
complied with.
(C) A container accumulating hazardous waste that is incompatible
with any waste or other materials accumulated or stored nearby in other
containers, piles, open tanks, or surface impoundments must be
separated from the other materials or protected from them by means of a
dike, berm, wall, or other device.
(3) Accumulation in tanks.
(i) [Reserved]
(ii) A small quantity generator of hazardous waste must comply with
the following general operating conditions:
(A) Treatment or accumulation of hazardous waste in tanks must
comply with Sec. 265.17(b) of this chapter.
(B) Hazardous wastes or treatment reagents must not be placed in a
tank if they could cause the tank or its inner liner to rupture, leak,
corrode, or otherwise fail before the end of its intended life.
(C) Uncovered tanks must be operated to ensure at least 60
centimeters (2 feet) of freeboard, unless the tank is equipped with a
containment structure (e.g., dike or trench), a drainage control
system, or a diversion structure (e.g., standby tank) with a capacity
that equals or exceeds the volume of the top 60 centimeters (2 feet) of
the tank.
(D) Where hazardous waste is continuously fed into a tank, the tank
must be equipped with a means to stop this inflow (e.g., waste feed
cutoff system or by-pass system to a stand-by tank).
(iii) Except as noted in paragraph (a)(3)(iv) of this section, a
small quantity generator that accumulates hazardous waste in tanks must
inspect, where present:
(A) Discharge control equipment (e.g., waste feed cutoff systems,
by-pass systems, and drainage systems) at least once each operating
day, to ensure that it is in good working order;
(B) Data gathered from monitoring equipment (e.g., pressure and
temperature gauges) at least once each operating day to ensure that the
tank is being operated according to its design;
(C) The level of waste in the tank at least once each operating day
to ensure compliance with paragraph (a)(3)(ii)(C) of this section;
(D) The construction materials of the tank at least weekly to
detect corrosion or leaking of fixtures or seams; and
(E) The construction materials of, and the area immediately
surrounding, discharge confinement structures (e.g., dikes) at least
weekly to detect erosion or obvious signs of leakage (e.g., wet spots
or dead vegetation). As required by Sec. 265.15(c) of this chapter,
the small quantity generator must remedy any deterioration or
malfunction it finds.
(iv) A small quantity generator accumulating hazardous waste in
tanks or tank systems that have full secondary containment and that
either use leak detection equipment to alert personnel to leaks, or
implement established workplace practices to ensure leaks are promptly
identified, must inspect at least weekly, where applicable, the areas
identified in paragraphs (a)(3)(iii)(A) through (E) of this section.
Use of the alternate inspection schedule must be documented in the
site's operating record. This documentation must include a description
of the established workplace practices at the site.
(v) [Reserved.]
(vi) A small quantity generator accumulating hazardous waste in
tanks must, upon closure of the site, remove all hazardous waste from
tanks, discharge control equipment, and discharge confinement
structures. At closure, as throughout the operating period, unless the
small quantity generator can demonstrate, in accordance with Sec.
261.3(c) or (d) of this chapter, that any solid waste removed from its
tank is not a hazardous waste, then it must manage such waste in
accordance with all applicable provisions of parts 262, 263, and 265 of
this chapter.
(vii) A small quantity generator must comply with the following
special conditions for accumulation of ignitable or reactive waste:
(A) Ignitable or reactive waste must not be placed in a tank,
unless:
(1) The waste is treated, rendered, or mixed before or immediately
after placement in a tank so that the resulting waste, mixture, or
dissolution of material no longer meets the definition of ignitable or
reactive waste under Sec. 261.21 or 261.23 of this chapter and Sec.
265.17(b) of this chapter is complied with; or
(2) The waste is accumulated or treated in such a way that it is
protected from any material or conditions that may cause the waste to
ignite or react; or
(3) The tank is used solely for emergencies.
(B) A small quantity generator which treats or accumulates
ignitable or reactive waste in covered tanks must comply with the
buffer zone requirements for tanks contained in Tables 2-1 through 2-6
of the National Fire Protection Association's ``Flammable and
Combustible Liquids Code,'' (1977 or 1981) (incorporated by reference,
see Sec. 260.11).
(C) A small quantity generator must comply with the following
special conditions for incompatible wastes:
(1) Incompatible wastes, or incompatible wastes and materials, (see
part 265 appendix V for examples) must not be placed in the same tank,
unless Sec. 265.17(b) of this chapter is complied with.
(2) Hazardous waste must not be placed in an unwashed tank that
previously held an incompatible waste or material, unless Sec.
265.17(b) of this chapter is complied with.
(4) Accumulation of hazardous waste on drip pads. A small quantity
generator may accumulate hazardous waste on drip pads for 90 days or
less without a permit or without having interim status provided that it
complies with 40 CFR part 265 subpart W. The generator must maintain at
the facility the following records by use of inventory logs, monitoring
equipment, or any other effective means:
(i) A written description of procedures that will identify the date
hazardous waste first entered the drip pad and ensure that all wastes
are removed from the drip pad and associated collection system at least
once every 90 days; and
[[Page 57997]]
(ii) Documentation of each waste removal, including the quantity of
waste removed from the drip pad and the sump or collection system and
the date and time of removal.
(5) Accumulation of hazardous waste in containment buildings. A
small quantity generator may accumulate hazardous waste in containment
buildings for 90 days or less without a permit or without having
interim status provided that it complies with 40 CFR part 265 subpart
DD. The generator must also maintain the following records by use of
inventory logs, monitoring equipment records, or any other effective
means:
(i) The professional engineer certification that the building
complies with the design standards specified in 40 CFR 265.1101. This
certification must be in the facility's operating record prior to
operation of the unit; and
(ii) A written description of procedures to ensure that each waste
volume remains in the unit for no more than 90 days, a written
description of the waste generation and management practices for the
site showing that they are consistent with maintaining the 90 day
limit, and documentation that the procedures are complied with; or
(iii) Documentation that the unit is emptied at least once every 90
days.
(6) Labeling and marking of containers, tanks, drip pads, and
containment buildings. (i) A small quantity generator must mark its
containers with the following:
(A) The words ``Hazardous Waste'';
(B) Other words that identify the contents of the containers
(examples may include, but are not limited to, the name of the
chemical(s), such as ``acetone'' or ``methylene dichloride''; or the
type or class of chemical, such as ``organic solvents'' or
``halogenated organic solvents or, as applicable, the proper shipping
name and technical name markings used to comply with Department of
Transportation requirements at 49 CFR part 172 subpart D);''
(C) An indication of the hazards of the contents (examples include,
but are not limited to, the applicable hazardous waste
characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); a
hazard class label consistent with the Department of Transportation
requirements at 49 CFR part 172 subpart E (labeling); a label
consistent with the Occupational Safety and Health Administration
Hazard Communication Standard at 29 CFR 1920.1200; a chemical hazard
label consistent with the National Fire Protection Association code
704; a hazard pictogram consistent with the United Nations' Globally
Harmonized System; or any other marking or labeling commonly used
nationwide in commerce that identifies the nature of the hazards
associated with the contents of the waste accumulation unit); and
(D) The date upon which each period of accumulation begins clearly
visible for inspection on each container.
(ii) A small quantity generator accumulating hazardous waste in
tanks, drip pads and containment buildings must do the following:
(A) Mark or label its waste accumulation units with the words
``Hazardous Wastes.'' In the case of hazardous wastes accumulated in
drip pads and containment buildings, generators must label their drip
pads and containment buildings with the words ``Hazardous Wastes'' in a
conspicuous place easily visible to employees, visitors, emergency
responders, waste handlers, or other persons on site;
(B) Use inventory logs, monitoring equipment, or records to
identify the contents of the tank, drip pad or containment building and
its associated hazards;
(C) Use inventory logs, monitoring equipment or records to identify
the date upon which each period of accumulation begins; and
(D) Keep inventory logs or records with the above information in
close proximity to the tank, drip pad, or containment building.
(7) Land disposal restrictions. The generator complies with all the
applicable requirements under 40 CFR part 268.
(8) Preparedness and prevention--(i) Maintenance and operation of
site. A small quantity generator must maintain and operate its site to
minimize the possibility of a fire, explosion, or any unplanned sudden
or non-sudden release of hazardous waste or hazardous waste
constituents to air, soil, or surface water which could threaten human
health or the environment.
(ii) Required equipment. All areas where hazardous waste is either
generated or accumulated must be equipped with the items in paragraphs
(b)(8)(ii)(A) through (D) of this section (unless none of the hazards
posed by waste handled at the site could require a particular kind of
equipment specified below or the actual waste generation or
accumulation area does not lend itself for safety reasons to have a
particular kind of equipment specified below). A small quantity
generator may determine the most appropriate locations within its
generator site to locate equipment necessary to prepare for and respond
to emergencies.
(A) An internal communications or alarm system capable of providing
immediate emergency instruction (voice or signal) to site personnel;
(B) A device, such as a telephone (immediately available at the
scene of operations) or a hand-held two-way radio, capable of summoning
emergency assistance from local police departments, fire departments,
or State or local emergency response teams;
(C) Portable fire extinguishers, fire control equipment (including
special extinguishing equipment, such as that using foam, inert gas, or
dry chemicals), spill control equipment, and decontamination equipment;
and
(D) Water at adequate volume and pressure to supply water hose
streams, or foam producing equipment, or automatic sprinklers, or water
spray systems.
(iii) Testing and maintenance of equipment. All communications or
alarm systems, fire protection equipment, spill control equipment, and
decontamination equipment, where required, must be tested and
maintained as necessary to assure its proper operation in time of
emergency.
(iv) Access to communications or alarm system. (A) Whenever
hazardous waste is being poured, mixed, spread, or otherwise handled,
all personnel involved in the operation must have immediate access
(e.g., direct or unimpeded access) to an internal alarm or emergency
communication device, either directly or through visual or voice
contact with another employee, unless such a device is not required
under paragraph (a)(8)(ii) of this section.
(B) In the event there is just one employee on the premises while
the site is operating, the employee must have immediate access (e.g.,
direct or unimpeded access) to a device, such as a telephone
(immediately available at the scene of operation) or a hand-held two-
way radio, capable of summoning external emergency assistance, unless
such a device is not required under paragraph (a)(8)(ii) of this
section.
(v) Required aisle space. The small quantity generator must
maintain aisle space to allow the unobstructed movement of personnel,
fire protection equipment, spill control equipment, and decontamination
equipment to any area of site operation in an emergency, unless aisle
space is not needed for any of these purposes.
(vi) Arrangements with local authorities. (A) The small quantity
generator must make arrangements with the Local Emergency Planning
Committee for the types and quantities of hazardous waste handled at
the site, as well as the potential need for the
[[Page 57998]]
services of the local police department, other emergency response
teams, emergency response contractors, equipment suppliers and local
hospitals. Should there be no Local Emergency Planning Committee,
should it not respond, or should the Local Emergency Planning Committee
determine that it is not the appropriate organization to make
arrangements with, then the small quantity generator must make
arrangements with the local fire department and other relevant
emergency responders, (e.g., police and hospitals).
(1) A small quantity generator that must make arrangements with its
local fire department must determine the potential need for the
services of the local police department, other emergency response
teams, emergency response contractors, equipment suppliers and local
hospitals.
(2) As part of this coordination, the small quantity generator
shall make arrangements, as necessary, to familiarize the above
organizations with the layout of the site, the properties of hazardous
waste handled at the site and associated hazards, places where site
personnel would normally be working, entrances to roads inside the
site, and possible evacuation routes as well as the types of injuries
or illnesses that could result from fires, explosions, or releases at
the site.
(3) Where more than one police or fire department might respond to
an emergency, the small quantity generator shall enter into agreements
designating primary emergency authority to a specific fire or police
department, and agreements with any others to provide support to the
primary emergency authority.
(B) A small quantity generator shall maintain records documenting
the arrangements with the Local Emergency Planning Committee, or if
appropriate, with the local fire department as well as any other
organization necessary to respond to an emergency. This documentation
must include a certified letter or any other documentation that
confirms such arrangements actively exist.
(9) Emergency procedures. The small quantity generator complies
with the following conditions for those areas of the generator site
where hazardous waste is generated and accumulated:
(i) At all times there must be at least one employee either on the
premises or on call (i.e., available to respond to an emergency by
reaching the site within a short period of time) with the
responsibility for coordinating all emergency response measures
specified in paragraph (b)(9)(iv) of this section. This employee is the
emergency coordinator.
(ii) The small quantity generator must post the following
information next to telephones or in areas directly involved in the
generation and accumulation of hazardous waste:
(A) The name and emergency telephone number of the emergency
coordinator;
(B) Location of fire extinguishers and spill control material, and,
if present, fire alarm; and
(C) The telephone number of the fire department, unless the site
has a direct alarm.
(iii) The small quantity generator must ensure that all employees
are thoroughly familiar with proper waste handling and emergency
procedures, relevant to their responsibilities during normal site
operations and emergencies;
(iv) The emergency coordinator or his designee must respond to any
emergencies that arise. The applicable responses are as follows:
(A) In the event of a fire, call the fire department or attempt to
extinguish it using a fire extinguisher;
(B) In the event of a spill, the small quantity generator is
responsible for containing the flow of hazardous waste to the extent
possible, and as soon as is practicable, cleaning up the hazardous
waste and any contaminated materials or soil. Such containment and
cleanup can be conducted either by the small quantity generator or by a
contractor on behalf of the small quantity generator;
(C) In the event of a fire, explosion, or other release that could
threaten human health outside the site or when the small quantity
generator has knowledge that a spill has reached surface water, the
small quantity generator must immediately notify the National Response
Center (using their 24-hour toll free number 800/424-8802). The report
must include the following information:
(1) The name, address, and U.S. EPA Identification Number of the
small quantity generator;
(2) Date, time, and type of incident (e.g., spill or fire);
(3) Quantity and type of hazardous waste involved in the incident;
(4) Extent of injuries, if any; and
(5) Estimated quantity and disposition of recovered materials, if
any.
(c) Mixing hazardous waste with non-hazardous waste. A small
quantity generator may mix its hazardous waste with non-hazardous waste
and remain eligible for the conditional exemption applicable to a small
quantity generator provided that either paragraph (c)(1) or (2) of this
section is met.
(1) The mixture is not a hazardous waste according to the mixture
rules in Sec. Sec. 261.3(a)(2)(iv), (b)(2) and (3), and (g)(2)(i); or
(2) If the mixture is a hazardous waste, the mixture does not cause
the generator to exceed the small quantity generator quantity limits
for a calendar month, as identified in the definition of small quantity
generator at Sec. 260.10 of this chapter. If the mixture does exceed
the small quantity generator quantity limits, a small quantity
generator, to remain exempt from the permitting and interim status
standards, must meet the conditions for exemption applicable to a large
quantity generator.
(d) Transporting over 200 miles. A small quantity generator who
must transport its waste, or offer its waste for transportation, over a
distance of 200 miles or more for off-site treatment, storage or
disposal may accumulate hazardous waste on site for 270 days or less
without a permit or without having interim status provided that the
generator complies with the conditions of paragraph (a) of this
section.
(e) Accumulation time limit extension. A small quantity generator
who accumulates hazardous waste for more than 180 days (or for more
than 270 days if it must transport its waste, or offer its waste for
transportation, over a distance of 200 miles or more) is an operator of
a storage facility and is subject to the requirements of 40 CFR parts
264, 265, 267, 268, and 270 and the permit requirements of 40 CFR part
270 unless it has been granted an extension to the 180-day (or 270-day
if applicable) period. Such extension may be granted by EPA if
hazardous wastes must remain on site for longer than 180 days (or 270
days if applicable) due to unforeseen, temporary, and uncontrollable
circumstances. An extension of up to 30 days may be granted at the
discretion of the Regional Administrator on a case-by-case basis.
(f) Rejected load. A small quantity generator who sends a shipment
of hazardous waste to a designated facility with the understanding that
the designated facility can accept and manage the waste and later
receives that shipment back as a rejected load or residue in accordance
with the manifest discrepancy provisions of Sec. 264.72 or 265.72 of
this chapter may accumulate the returned waste on site in accordance
with paragraphs (a), (c), and (d) of this section. Upon receipt of the
returned shipment, the generator must:
(i) Sign Item 18c of the manifest, if the transporter returned the
shipment using the original manifest; or
(ii) Sign Item 20 of the manifest, if the transporter returned the
shipment using a new manifest.
[[Page 57999]]
(g) A small quantity generator experiencing an episodic event may
accumulate hazardous waste in accordance with subpart L of this part in
lieu of Sec. 262.17.
Sec. 262.17 Conditions for exemption for a large quantity generator
that accumulates hazardous waste.
A large quantity generator may accumulate hazardous waste on-site
without a permit or interim status, and without complying with the
independent requirements of parts 124, 264 through 268, and 270 of this
chapter, provided that all of the conditions for exemption listed in
this section are met:
(a) Accumulation. A large quantity generator accumulates hazardous
waste on site for no more than 90 days, unless in compliance with the
accumulation time limit extension or F006 accumulation conditions for
exemption in Sec. 262.17(b) through (e). The following accumulation
conditions also apply:
(1) Accumulation in containers. If the hazardous waste is placed in
containers, the large quantity generator must comply with the
following:
(i) Air emission standards. The applicable requirements of subparts
AA, BB, and CC of 40 CFR part 265;
(ii) Condition of containers. If a container holding hazardous
waste is not in good condition, or if it begins to leak, the large
quantity generator must transfer the hazardous waste from this
container to a container that is in good condition, or manage the waste
in some other way that complies with the conditions for exemption of
this section;
(iii) Compatibility of waste with container. The large quantity
generator must use a container made of or lined with materials that
will not react with, and are otherwise compatible with, the hazardous
waste to be stored, so that the ability of the container to contain the
waste is not impaired;
(iv) Management of containers. (A) A container holding hazardous
waste must always be closed during accumulation, except when it is
necessary to add or remove waste.
(B) A container holding hazardous waste must not be opened,
handled, or stored in a manner that may rupture the container or cause
it to leak.
(v) Inspections. At least weekly, the large quantity generator must
inspect central accumulation areas. The large quantity generator must
look for leaking containers and for deterioration of containers caused
by corrosion or other factors. See paragraph (a)(1)(ii) of this section
for remedial action required if deterioration or leaks are detected.
(vi) Special conditions for accumulation of ignitable and reactive
wastes. (A) Containers holding ignitable or reactive waste must be
located at least 15 meters (50 feet) from the site's property line
unless a written waiver is obtained from the local fire department
allowing hazardous waste accumulation to occur within this restricted
area. Record of this approval must be maintained as long as ignitable
or reactive hazardous waste is accumulated in this area.
(B) The large quantity generator must take precautions to prevent
accidental ignition or reaction of ignitable or reactive waste. This
waste must be separated and protected from sources of ignition or
reaction including but not limited to the following: open flames,
smoking, cutting and welding, hot surfaces, frictional heat, sparks
(static, electrical, or mechanical), spontaneous ignition (e.g., from
heat-producing chemical reactions), and radiant heat. While ignitable
or reactive waste is being handled, the large quantity generator must
confine smoking and open flame to specially designated locations. ``No
Smoking'' signs must be conspicuously placed wherever there is a hazard
from ignitable or reactive waste.
(vii) Special conditions for accumulation of incompatible wastes.
(A) Incompatible wastes, or incompatible wastes and materials, (see
appendix V of part 265 for examples) must not be placed in the same
container, unless Sec. 265.17(b) of this chapter is complied with.
(B) Hazardous waste must not be placed in an unwashed container
that previously held an incompatible waste or material (see appendix V
of part 265 for examples), unless Sec. 265.17(b) of this chapter is
complied with.
(C) A container holding a hazardous waste that is incompatible with
any waste or other materials accumulated or stored nearby in other
containers, piles, open tanks, or surface impoundments must be
separated from the other materials or protected from them by means of a
dike, berm, wall, or other device.
(2) Accumulation in tanks. If the waste is placed in tanks, the
large quantity generator must comply with the applicable requirements
of subparts J, AA, BB, and CC of 40 CFR part 265 except Sec.
265.197(c) of Closure and post-closure care and Sec. 265.200--Waste
analysis and trial tests.
(3) Accumulation on drip pads. If the waste is placed on drip pads,
the large quantity generator must comply with subpart W of 40 CFR part
265 and maintain at the facility the following records by use of
inventory logs, monitoring equipment records, or any other effective
means:
(i) A written description of procedures that will identify the date
hazardous waste first entered the drip pad and ensure that all wastes
are removed from the drip pad and associated collection system at least
once every 90 days; and
(ii) Documentation of each waste removal, including the quantity of
waste removed from the drip pad and the sump or collection system and
the date and time of removal.
(4) Accumulation in Containment Buildings. (i) If the waste is
placed in containment buildings, the large quantity generator must
comply with subpart DD of 40 CFR part 265 and must place its
professional engineer certification that the building complies with the
design standards specified in 40 CFR 265.1101 in the generator's files
prior to operation of the unit.
(ii) The large quantity generator shall maintain the following
records by use of inventory logs, monitoring equipment records, or any
other effective means:
(A) A written description of procedures to ensure that each waste
volume remains in the unit for no more than 90 days, a written
description of the waste generation and management practices for the
site showing that they are consistent with respecting the 90 day limit,
and documentation that the procedures are complied with; or
(B) Documentation that the unit is emptied at least once every 90
days.
(5) Labeling and marking of containers, tanks, drip pads, and
containment buildings--(i) Containers. A large quantity generator must
mark its containers with the following:
(A) The words ``Hazardous Waste'';
(B) Other words that identify the contents of the containers
(examples may include, but are not limited to the name of the
chemical(s), such as ``acetone'' or ``methylene dichloride''; or the
type or class of chemical, such as ``organic solvents'' or
``halogenated organic solvents or, as applicable, the proper shipping
name and technical name markings used to comply with Department of
Transportation requirements at 49 CFR part 172 subpart D)'';
(C) An indication of the hazards of the contents (examples include,
but are not limited to, the applicable hazardous waste
characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); a
hazard class label consistent with the Department of Transportation
requirements at 49 CFR part 172 subpart E (labeling); a label
consistent with the Occupational Safety and Health Administration
Hazard
[[Page 58000]]
Communication Standard at 29 CFR 1920.1200; a chemical hazard label
consistent with the National Fire Protection Association code 704; a
hazard pictogram consistent with the United Nations' Globally
Harmonized System; or any other marking or labeling commonly used
nationwide in commerce that identifies the nature of the hazards
associated with the contents of the waste accumulation unit); and
(D) The date upon which each period of accumulation begins clearly
visible for inspection on each container.
(ii) Tanks, drip pads, and containment buildings. A large quantity
generator accumulating hazardous waste in tanks, drip pads, and
containment buildings must do the following:
(A) Mark or label its waste accumulation units with the words
``Hazardous Waste.'' In the case of hazardous wastes accumulated in
drip pads and containment buildings, generators must label their drip
pads and containment buildings with the words ``Hazardous Waste'' in a
conspicuous place easily visible to employees, visitors, emergency
responders, waste handlers, etc.
(B) Use inventory logs, monitoring equipment, or records to
identify the contents of the tank, drip pad or containment building and
its associated hazards.
(C) Use inventory logs, monitoring equipment or records to identify
the date upon which each period of accumulation begins; and
(D) Keep inventory logs or records with the above information in
close proximity to the tank, drip pad, or containment building.
(6) Emergency procedures. The large quantity generator complies
with the standards in subpart M of this part, Preparedness, Prevention
and Emergency Procedures for Large Quantity Generators.
(7) Personnel training. (i)(A) Site personnel must successfully
complete a program of classroom instruction, online training, or on-
the-job training that teaches them to perform their duties in a way
that ensures compliance with this part. The large quantity generator
must ensure that this program includes all the elements described in
the document required under paragraph (a)(7)(iv) of this section.
(B) This program must be directed by a person trained in hazardous
waste management procedures, and must include instruction which teaches
site personnel hazardous waste management procedures (including
contingency plan implementation) relevant to the positions in which
they are employed.
(C) At a minimum, the training program must be designed to ensure
that site personnel are able to respond effectively to emergencies by
familiarizing them with emergency procedures, emergency equipment, and
emergency systems, including where applicable:
(1) Procedures for using, inspecting, repairing, and replacing site
emergency and monitoring equipment;
(2) Key parameters for automatic waste feed cut-off systems;
(3) Communications or alarm systems;
(4) Response to fires or explosions;
(5) Response to ground-water contamination incidents; and
(6) Shutdown of operations.
(D) For site employees that receive emergency response training
pursuant to Occupational Safety and Health Administration regulations
29 CFR 1910.120(p)(8) and 1910.120(q), the large quantity generator is
not required to provide separate emergency response training pursuant
to this section, provided that the overall site training meets all the
conditions of exemption in this section.
(ii) Site personnel must successfully complete the program required
in paragraph (a)(7)(i) of this section within six months after the
effective date of these regulations or six months after the date of
their employment or assignment to the site, or to a new position at the
site, whichever is later. Employees hired after the effective date of
these regulations must not work in unsupervised positions until they
have completed the training standards of paragraph (a)(7)(i) of this
section.
(iii) Site personnel must take part in an annual review of the
initial training required in paragraph (a)(7)(i) of this section.
(iv) The large quantity generator must maintain the following
documents and records at the site:
(A) The job title for each position at the site related to
hazardous waste management, and the name of the employee filling each
job;
(B) A written job description for each position listed under
paragraph (a)(7)(iv)(A) of this section. This description may be
consistent in its degree of specificity with descriptions for other
similar positions in the same company location or bargaining unit, but
must include the requisite skill, education, or other qualifications,
and duties of site personnel assigned to each position;
(C) A written description of the type and amount of both
introductory and continuing training that will be given to each person
filling a position listed under paragraph (a)(7)(iv)(A) of this
section;
(D) Records that document that the training or job experience,
required under paragraphs (a)(7)(i), (ii), and (iii) of this section,
has been given to, and completed by, site personnel.
(v) Training records on current personnel must be kept until
closure of the site. Training records on former employees must be kept
for at least three years from the date the employee last worked at the
site. Personnel training records may accompany personnel transferred
within the same company.
(8) Closure. A large quantity generator accumulating hazardous
wastes in containers, tanks, drip pads, and containment buildings,
prior to closing a unit that accumulates hazardous waste at the site or
prior to closing the site must meet the following conditions:
(i) Notification. (A) Notify EPA no later than 30 days prior to
closing a unit that accumulates hazardous waste at the site or prior to
closing the site.
(B) Notify EPA within 90 days after closure of a unit that
accumulates hazardous waste at the site or prior to closing the site
that it has either clean closed (e.g., complied with the applicable
closure performance standards of Sec. 262.17(a)(8)(ii)) or, if it
cannot clean close, notify as a landfill under Sec. 265.310 of this
chapter.
(ii) Closure performance standards. (A) At closure, the generator
must close the waste accumulation unit or site in a manner that:
(1) Minimizes the need for further maintenance by controlling,
minimizing, or eliminating, to the extent necessary to protect human
health and the environment, the post-closure escape of hazardous waste,
hazardous constituents, leachate, contaminated run-off, or hazardous
waste decomposition products to the ground or surface waters or to the
atmosphere,
(2) Properly disposes of or decontaminates all contaminated
equipment, structures and soil and any remaining hazardous waste
residues from waste accumulation units including containment system
components (pads, liners, etc.), contaminated soils and subsoils,
bases, and structures and equipment contaminated with waste. Any
hazardous waste residues remaining in the unit(s) being closed must be
removed from the unit(s). Any leakage must also be decontaminated or
removed and managed as a hazardous waste unless Sec. 261.3(d) of this
chapter applies.
(3) Any hazardous waste generated in the process of closing either
the
[[Page 58001]]
generator's site or unit(s) accumulating hazardous waste must be
managed in accordance with all applicable standards of parts 260
through 270 of this chapter, including removing any hazardous waste
contained in these units within 90 days of generating it and managing
these wastes in a RCRA Subtitle C hazardous waste permitted treatment,
storage and disposal facility or interim status facility.
(4) If the generator demonstrates that any contaminated soils and
wastes cannot be practicably removed or decontaminated as required in
paragraph (a)(8)(ii)(A)(2) of this section, then the waste accumulation
unit is considered to be a landfill and the generator must close the
waste accumulation unit and perform post-closure care in accordance
with the closure and post-closure care requirements that apply to
landfills (Sec. 265.310 of this chapter). In addition, for the
purposes of closure, post-closure, and financial responsibility, such a
waste accumulation unit is then considered to be a landfill, and the
generator must meet all of the requirements for landfills specified in
subparts G and H of part 265 of this chapter.
(9) Land disposal restrictions. The large quantity generator
complies with all applicable requirements under 40 CFR part 268.
(b) Accumulation time limit extension. A large quantity generator
who accumulates hazardous waste for more than 90 days is an operator of
a storage facility and is subject to the requirements of 40 CFR parts
264, 265, 267, and 268, and the permit requirements of 40 CFR part 270
unless it has been granted an extension to the 90-day period. Such
extension may be granted by EPA if hazardous wastes must remain on site
for longer than 90 days due to unforeseen, temporary, and
uncontrollable circumstances. An extension of up to 30 days may be
granted at the discretion of the Regional Administrator on a case-by-
case basis.
(c) Accumulation of F006. A large quantity generator who also
generates wastewater treatment sludges from electroplating operations
that meet the listing description for the EPA hazardous waste number
F006, may accumulate F006 waste on site for more than 90 days, but not
more than 180 days without a permit or without having interim status
provided that it complies with all of the following conditions:
(1) The large quantity generator has implemented pollution
prevention practices that reduce the amount of any hazardous
substances, pollutants, or contaminants entering F006 or otherwise
released to the environment prior to its recycling;
(2) The F006 waste is legitimately recycled through metals
recovery;
(3) No more than 20,000 kilograms of F006 waste is accumulated on
site at any one time; and
(4) The F006 waste is managed in accordance with the following:
(i)(A) If the F006 waste is placed in containers, the large
quantity generator must comply with the applicable conditions for
exemption in Sec. 262.17(a)(1); and/or
(B) If the F006 is placed in tanks, the large quantity generator
must comply with the applicable conditions for exemption of Sec.
262.17(a)(2); and/or
(C) If the F006 is placed in containment buildings, the large
quantity generator must comply with subpart DD of 40 CFR part 265, and
has placed its professional engineer certification that the building
complies with the design standards specified in 40 CFR 265.1101 in the
site's files prior to operation of the unit. The large quantity
generator must maintain the following records:
(1) A written description of procedures to ensure that the F006
waste remains in the unit for no more than 180 days, a written
description of the waste generation and management practices for the
site showing that they are consistent with the 180-day limit, and
documentation that the large quantity generator is complying with the
procedures; or
(2) Documentation that the unit is emptied at least once every 180
days.
(ii) The large quantity generator is exempt from all the
requirements in subparts G and H of 40 CFR part 265, except for those
referenced in Sec. 262.17(a)(8).
(iii) The date upon which each period of accumulation begins is
clearly marked and must be clearly visible for inspection on each
container;
(iv) While being accumulated on site, each container and tank is
labeled or marked clearly with:
(A) The words ``Hazardous Waste'';
(B) Other words that identify the contents of the container or
tank; and
(C) An indication of the hazards of the contents (examples include,
but are not limited to, the applicable hazardous waste
characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); a
hazard class label consistent with the Department of Transportation
requirements at 49 CFR part 172 subpart E (labeling); a label
consistent with the Occupational Safety and Health Administration
Hazard Communication Standard at 29 CFR 1920.1200; a chemical hazard
label consistent with the National Fire Protection Association code
704; a hazard pictogram consistent with the United Nations' Globally
Harmonized System; or any other marking or labeling commonly used
nationwide in commerce that identifies the nature of the hazards
associated with the contents of the waste accumulation unit); and
(v) The large quantity generator complies with the requirements in
Sec. Sec. 262.17(a)(6) and (7).
(d) F006 transported over 200 miles. A large quantity generator who
also generates wastewater treatment sludges from electroplating
operations that meet the listing description for the EPA hazardous
waste number F006, and who must transport this waste, or offer this
waste for transportation, over a distance of 200 miles or more for off-
site metals recovery, may accumulate F006 waste on site for more than
90 days, but not more than 270 days without a permit or without having
interim status if the large quantity generator complies with all of the
conditions for exemption of paragraphs (c)(1) through (4) of this
section.
(e) F006 accumulation time extension. A large quantity generator
accumulating F006 in accordance with paragraphs (c) and (d) of this
section who accumulates F006 waste on site for more than 180 days (or
for more than 270 days if the generator must transport this waste, or
offer this waste for transportation, over a distance of 200 miles or
more), or who accumulates more than 20,000 kilograms of F006 waste on
site is an operator of a storage facility and is subject to the
requirements of 40 CFR parts 264, 265, and 267, and the permit
requirements of 40 CFR part 270 unless the generator has been granted
an extension to the 180-day (or 270-day if applicable) period or an
exception to the 20,000 kilogram accumulation limit. Such extensions
and exceptions may be granted by EPA if F006 waste must remain on site
for longer than 180 days (or 270 days if applicable) or if more than
20,000 kilograms of F006 waste must remain on site due to unforeseen,
temporary, and uncontrollable circumstances. An extension of up to 30
days or an exception to the accumulation limit may be granted at the
discretion of the Regional Administrator on a case-by-case basis.
(f) Mixing hazardous waste with non-hazardous waste. Mixtures of
hazardous waste with non-hazardous waste are subject to the mixture
rule in Sec. Sec. 261.3(a)(2)(iv), (b)(2) and (3), and (g)(2)(i).
(g) Consolidation of hazardous waste received from very small
quantity generators. Large quantity generators may receive hazardous
waste from very
[[Page 58002]]
small quantity generators under control of the same person (as defined
in Sec. 260.10), provided that they comply with the following
conditions. ``Control,'' for the purposes of this section, means the
power to direct the policies of the generator site, whether by the
ownership of stock, voting rights, or otherwise, except that
contractors who operate generator sites on behalf of a different person
shall not be deemed to ``control'' such generator sites.
(1) The large quantity generator notifies EPA thirty (30) days
prior to receiving the first shipment from a very small quantity
generator(s) using EPA form 8700-12; and
(i) Identifies on the form the name(s) and site address(es) for the
very small quantity generator(s) as well as the name and business
telephone number for a contact person for the very small quantity
generator(s); and
(ii) Submits an updated Site ID form (EPA form 8700-12) within 30
days after a change in the name, site address, or contact information
for the very small quantity generator.
(2) The large quantity generator maintains records of shipments for
three years from the date the hazardous waste was received from the
very small quantity generator. These records must identify the name,
site address, and contact information for the very small quantity
generator and include a description of the hazardous waste received,
including the quantity, all applicable EPA hazardous waste number(s)
(EPA hazardous waste codes) in subparts C and D of part 261 for the
hazardous waste, and the date the waste was received.
(3) The large quantity generator manages all hazardous waste
received from a very small quantity generator in compliance with the
independent requirements in Sec. 262.10(a)(1)(ii) and conditions for
exemption in Sec. 262.17 applicable to a large quantity generator. For
purposes of the labeling and marking regulations in Sec. 262.17(a)(5),
the large quantity generator must label the container or unit with the
date accumulation started (i.e., the date the hazardous waste was
received from the very small quantity generator). If the large quantity
generator is consolidating incoming hazardous waste from a very small
quantity generator with either its own hazardous waste or with
hazardous waste from other very small quantity generators, the large
quantity generator must label each container or unit with the earliest
date any hazardous waste in the container was accumulated on site.
(h) Rejected load. A large quantity generator who sends a shipment
of hazardous waste to a designated facility with the understanding that
the designated facility can accept and manage the waste and later
receives that shipment back as a rejected load or residue in accordance
with the manifest discrepancy provisions of Sec. 264.72 or 265.72 of
this chapter may accumulate the returned waste on site in accordance
with paragraphs (a) and (b) of this section. Upon receipt of the
returned shipment, the generator must:
(1) Sign Item 18c of the manifest, if the transporter returned the
shipment using the original manifest; or
(2) Sign Item 20 of the manifest, if the transporter returned the
shipment using a new manifest.
Sec. 262.18 EPA identification numbers and re-notification for small
quantity generators and large quantity generators.
(a) A generator must not treat, store, dispose of, transport, or
offer for transportation, hazardous waste without having received an
EPA identification number from the Administrator.
(b) A generator who has not received an EPA identification number
may obtain one by applying to the Administrator using EPA form 8700-12.
Upon receiving the request the Administrator will assign an EPA
identification number to the generator.
(c) A generator must not offer its hazardous waste to transporters
or to treatment, storage, or disposal facilities that have not received
an EPA identification number.
(d) Re-notification. (i) A small quantity generator must notify EPA
by February 1 of each even-numbered year thereafter using EPA Form
8700-12.
(ii) A large quantity generator must notify EPA by March 1 of each
even-numbered year thereafter using EPA Form 8700-12. A large quantity
generator may submit this re-notification as part of its biennial
report required under Sec. 262.41.
0
18. Revise the heading for subpart B to read as follows:
Subpart B--Manifest Requirements Applicable to Small and Large
Quantity Generators
0
19. Revise the heading for subpart C to read as follows:
Subpart C--Pre-Transport Requirements Applicable to Small and Large
Quantity Generators
0
20. Amend Sec. 262.32 by adding paragraph (c) to read as follows:
Sec. 262.32 Marking.
* * * * *
(c) Before transporting or offering hazardous waste for
transportation off site, a generator must mark each container with the
applicable EPA hazardous waste numbers (EPA hazardous waste codes) in
subparts C and D of part 261 of this chapter.
Sec. 262.34 [Removed and reserved]
0
21. Remove and reserve Sec. 262.34.
0
22. Add Sec. 262.35 to subpart C read as follows:
Sec. 262.35 Liquids in landfills prohibition.
The placement of bulk or non-containerized liquid hazardous waste
or hazardous waste containing free liquids (whether or not sorbents
have been added) in any landfill is prohibited.
0
23. Revise the heading for subpart D to read as follows:
Subpart D--Recordkeeping and Reporting Applicable to Small and
Large Quantity Generators
Sec. 262.40 [Amended]
0
24. Amend Sec. 262.40 by removing and reserving paragraph (c).
0
25. Section 262.41 and its section heading are revised to read as
follows:
Sec. 262.41 Biennial report for large quantity generators.
(a) A generator who is a large quantity generator for at least one
month of the reporting year must complete and submit EPA form 8700-13
to the Regional Administrator by March 1 of each even numbered year for
all hazardous wastes generated during the previous calendar year. This
requirement also applies to generators who treat, store, or dispose of
hazardous waste on site in accordance with the provisions of 40 CFR
parts 264, 265, 266, 267, and 270 and to large quantity generators that
receive hazardous waste from very small quantity generators pursuant to
Sec. 262.17(g).
(b) Exports of hazardous waste to foreign countries are not
required to be reported on the Biennial Report form. A separate annual
report requirement is set forth at 40 CFR 262.56 for hazardous waste
exporters.
0
26. Section 262.43 is revised to read as follows:
Sec. 262.43 Additional reporting.
The Administrator, as deemed necessary under sections 2002(a) and
3002(a)(6) of the Act, may require generators to furnish additional
reports concerning the quantities and disposition of wastes identified
or listed in 40 CFR part 261.
0
27. Section 262.44 is amended by revising the introductory paragraph
and section heading to read as follows:
[[Page 58003]]
Sec. 262.44 Recordkeeping for small quantity generators.
A small quantity generator is subject only to the following
independent requirements in this subpart:
* * * * *
Subparts I and J [Removed and Reserved]
0
28. Remove and reserve subparts I and J.
Subpart K--Alternative Requirements for Hazardous Waste
Determination and Accumulation of Unwanted Material for
Laboratories Owned by Eligible Academic Entities
0
29. Section 262.200 is amended by removing the definition of ``Central
accumulation area'' and revising the definition of ``Trained
professional'' to read as follows:
Sec. 262.200 Definitions for this subpart.
* * * * *
Trained professional means a person who has completed the
applicable RCRA training requirements of Sec. 262.17 for large
quantity generators, or is knowledgeable about normal operations and
emergencies in accordance with Sec. 262.16 for small quantity
generators and very small quantity generators. A trained professional
may be an employee of the eligible academic entity or may be a
contractor or vendor who meets the requisite training requirements.
* * * * *
0
30. Section 262.201 is revised to read as follows:
Sec. 262.201 Applicability of this subpart.
(a) Large quantity generators and small quantity generators. This
subpart provides alternative requirements to the requirements in
Sec. Sec. 262.11 and 262.15 for the hazardous waste determination and
accumulation of hazardous waste in laboratories owned by eligible
academic entities that choose to be subject to this subpart, provided
that they complete the notification requirements of Sec. 262.203.
(b) Very small quantity generators. This subpart provides
alternative requirements to the conditional exemption in Sec. 262.14
for the accumulation of hazardous waste in laboratories owned by
eligible academic entities that choose to be subject to this subpart,
provided that they complete the notification requirements of Sec.
262.203.
0
31. Section 262.202 is revised to read as follows:
Sec. 262.202 This subpart is optional.
(a) Large quantity generators and small quantity generators.
Eligible academic entities have the option of complying with this
subpart with respect to its laboratories, as an alternative to
complying with the requirements of Sec. Sec. 262.11 and 262.15.
(b) Very small quantity generators. Eligible academic entities have
the option of complying with this subpart with respect to laboratories,
as an alternative to complying with the conditional exemption of Sec.
262.14.
0
32. Section 262.203 is amended by revising paragraphs (a) and (b)(2) to
read as follows:
Sec. 262.203 How an eligible academic entity indicates it will be
subject to the requirements of this subpart.
(a) An eligible academic entity must notify the appropriate EPA
Regional Administrator in writing, using the RCRA Subtitle C Site
Identification Form (EPA Form 8700-12), that it is electing to be
subject to the requirements of this subpart for all the laboratories
owned by the eligible academic entity under the same EPA Identification
Number. An eligible academic entity that is a very small quantity
generator and does not have an EPA Identification Number must notify
that it is electing to be subject to the requirements of this subpart
for all the laboratories owned by the eligible academic entity that are
on site, as defined by Sec. 260.10. An eligible academic entity must
submit a separate notification (Site Identification Form) for each EPA
Identification Number (or site, for very small quantity generators)
that is electing to be subject to the requirements of this subpart, and
must submit the Site Identification Form before it begins operating
under this subpart.
(b) * * *
(2) Site EPA Identification Number (except for very small quantity
generators).
* * * * *
0
33. Section 262.204 is amended by revising paragraph (a) to read as
follows:
Sec. 262.204 How an eligible academic entity indicates it will
withdraw from the requirements of this subpart.
(a) An eligible academic entity must notify the appropriate EPA
Regional Administrator in writing, using the RCRA Subtitle C Site
Identification Form (EPA Form 8700-12), that it is electing to no
longer be subject to the requirements of this subpart for all the
laboratories owned by the eligible academic entity under the same EPA
Identification Number and that it will comply with the requirements of
Sec. Sec. 262.11 and 262.15 for small quantity generators and large
quantity generators. An eligible academic entity that is a very small
quantity generator and does not have an EPA Identification Number must
notify that it is withdrawing from the requirements of this subpart for
all the laboratories owned by the eligible academic entity that are on
site and that it will comply with the conditional exemption in Sec.
262.14. An eligible academic entity must submit a separate notification
(Site Identification Form) for each EPA Identification Number (or site,
for very small quantity generators) that is withdrawing from the
requirements of this subpart and must submit the Site Identification
Form before it begins operating under the standards in Sec. Sec.
262.11 and 262.15 for small quantity generators and large quantity
generators or Sec. 262.14 for very small quantity generators.
* * * * *
Sec. 262.206 [Amended]
0
34. Amend Sec. 262.206 in paragraph (b)(3)(iii) by removing the period
at the end of the sentence and inserting ``:'' in its place.
0
35. Section 262.207 is amended by revising paragraph (d)(2) to read as
follows:
Sec. 262.207 Training.
* * * * *
(d) * * *
(2) Make the hazardous waste determination, pursuant to Sec.
262.11(a) through (d), for unwanted material.
0
36. Section 262.208 is amended by revising paragraphs (a)(1) and (2) to
read as follows:
Sec. 262.208 Removing containers of unwanted material from the
laboratory.
(a) * * *
(1) Remove all containers of unwanted material from each laboratory
on a regular interval, not to exceed 12 months; or
(2) Remove containers of unwanted material from each laboratory
within 12 months of each container's accumulation start date.
* * * * *
0
37. Section 262.209 is amended by revising paragraph (b) to read as
follows:
Sec. 262.209 Where and when to make the hazardous waste determination
and where to send containers of unwanted material upon removal from the
laboratory.
* * * * *
(b) Very small quantity generators. An eligible academic entity
must ensure that a trained professional makes a hazardous waste
determination,
[[Page 58004]]
pursuant to Sec. 262.11(a) through (d), for unwanted material in the
laboratory before the unwanted material is removed from the laboratory,
in accordance with Sec. 262.210.
0
38. Section 262.210 is amended by revising paragraphs (a), (b)(3), and
(d)(2) to read as follows:
Sec. 262.210 Making the hazardous waste determination in the
laboratory before the unwanted material is removed from the laboratory.
* * * * *
(a) A trained professional must make the hazardous waste
determination, pursuant to Sec. 262.11(a) through (d), before the
unwanted material is removed from the laboratory.
(b) * * *
(3) Count the hazardous waste toward the eligible academic entity's
generator category, pursuant to Sec. 262.13, in the calendar month
that the hazardous waste determination was made.
* * * * *
(d) * * *
(2) Very small quantity generators must ensure it is taken directly
from the laboratory(ies) to any of the types of facilities listed in
Sec. 262.14.
* * * * *
0
39. Section 262.211 is amended by revising paragraphs (c), (d), and
(e)(3) to read as follows:
Sec. 262.211 Making the hazardous waste determination at an on-site
central accumulation area.
* * * * *
(c) The unwanted material becomes subject to the generator
accumulation regulations of Sec. 262.16 for small quantity generators
or Sec. 262.17 for large quantity generators as soon as it arrives in
the central accumulation area, except for the ``hazardous waste''
labeling conditions of Sec. 262.16(b)(6) and Sec. 262.17(a)(5).
(d) A trained professional must determine, pursuant to Sec.
262.11(a) through (d), if the unwanted material is a hazardous waste
within 4 calendar days of the unwanted materials' arrival at the on-
site central accumulation area.
(e) * * *
(3) Count the hazardous waste toward the eligible academic entity's
generator category, pursuant to Sec. 262.13 in the calendar month that
the hazardous waste determination was made, and
* * * * *
0
40. Section 262.212 is amended by revising paragraph (d) to read as
follows:
Sec. 262.212 Making the hazardous waste determination at an on-site
interim status or permitted treatment, storage, or disposal facility.
* * * * *
(d) A trained professional must determine, pursuant to Sec.
262.11(a) through (d), if the unwanted material is a hazardous waste
within 4 calendar days of the unwanted materials' arrival at an on-site
interim status or permitted treatment, storage, or disposal facility.
* * * * *
0
41. Section 262.213 is amended by revising paragraphs (a)(2) and (3)
and (b)(2) to read as follows:
Sec. 262.213 Laboratory clean-outs.
(a) * * *
(2) For the purposes of on-site accumulation, an eligible academic
entity is not required to count a hazardous waste that is an unused
commercial chemical product (listed in 40 CFR part 261, subpart D or
exhibiting one or more characteristics in 40 CFR part 261, subpart C)
generated solely during the laboratory clean-out toward its hazardous
waste generator category, pursuant to Sec. 262.13. An unwanted
material that is generated prior to the beginning of the laboratory
clean-out and is still in the laboratory at the time the laboratory
clean-out commences must be counted toward hazardous waste generator
category, pursuant to Sec. 262.13, if it is determined to be hazardous
waste; and
(3) For the purposes of off-site management, an eligible academic
entity must count all its hazardous waste, regardless of whether the
hazardous waste was counted toward generator category under paragraph
(a)(2) of this section, and if it generates more than 1 kg/month of
acute hazardous waste or more than 100 kg/month of non-acute hazardous
waste (i.e., the very small quantity generator limits as defined in
Sec. 260.10), the hazardous waste is subject to all applicable
hazardous waste regulations when it is transported off site; and
* * * * *
(b) * * *
(2) The requirement to count all hazardous waste, including unused
hazardous waste, generated during the laboratory clean-out toward its
hazardous waste generator category, pursuant to Sec. 262.13.
0
42. Section 262.214 is amended by revising paragraph (b)(5) to read as
follows:
Sec. 262.214 Laboratory management plan.
* * * * *
(b) * * *
(5) Describe its intended best practices for making hazardous waste
determinations, including specifying the duties of the individuals
involved in the process (see the required standards at Sec. 262.11(a)
through (d) and Sec. Sec. 262.209 through 262.212).
* * * * *
0
43. Section 262.216 is amended by revising paragraphs (a) and (b) to
read as follows:
Sec. 262.216 Non-laboratory hazardous waste generated at an eligible
academic entity.
* * * * *
(a) Remains subject to the generator requirements of Sec. Sec.
262.11 and 262.15 for large quantity generators and small quantity
generators (if the hazardous waste is managed in a satellite
accumulation area), and all other applicable generator requirements of
40 CFR part 262, with respect to that hazardous waste; or
(b) Remains subject to the conditional exemption of Sec. 262.14
for very small quantity generators, with respect to that hazardous
waste.
0
44. Subpart L is added to read as follows:
Subpart L--Alternative Standards for Episodic Generation
Sec.
262.230 Applicability.
262.231 Definition of an episodic event.
262.232 Conditions for a generator managing hazardous waste from an
episodic event.
262.233 Petition to manage one additional episodic event per
calendar year.
262.234 Petition for a 30-day extension to an episodic event.
Subpart L--Alternative Standards for Episodic Generation
Sec. 262.230 Applicability.
This subpart is applicable to very small quantity generators and
small quantity generators as defined in Sec. 260.10.
Sec. 262.231 Definition of an episodic event.
An episodic event is an activity or activities, either planned or
unplanned, that does not normally occur during generator operations,
resulting in an increase in the generation of hazardous wastes that
exceeds the calendar month quantity limits for the generator's usual
category.
Sec. 262.232 Conditions for a generator managing hazardous waste from
an episodic event.
(a) Very small quantity generator. A very small quantity generator
may maintain its existing generator category during an episodic event
provided that
[[Page 58005]]
the generator complies with the following conditions:
(1) The very small quantity generator is limited to one episodic
event per calendar year unless a petition is granted under Sec.
262.233;
(2) The very small quantity generator must notify EPA no later than
thirty (30) calendar days prior to initiating a planned episodic event
using EPA form 8700-12. In the event of an unplanned episodic event,
the generator must notify EPA within 24 hours of the unplanned event or
as soon as possible via phone or email and subsequently submit EPA form
8700-12. The generator shall include the start date of the episodic
event, the reason(s) for the event, types and estimated quantities of
hazardous waste expected to be generated as a result of the episodic
event, and shall identify a facility contact and emergency coordinator
with 24-hour telephone access to discuss the notification submittal or
respond to an emergency;
(3) The very small quantity generator must have an EPA
identification number or obtain an EPA identification number using EPA
form 8700-12;
(4) Accumulation. A very small quantity generator is prohibited
from accumulating hazardous waste generated from an episodic event on
drip pads and in containment buildings. When accumulating hazardous
waste in containers and tanks the following conditions apply:
(i) Containers. A very small quantity generator accumulating in
containers must mark its containers with the following:
(A) The words ``Episodic Hazardous Waste;''
(B) Other words that identify the contents of the containers
(examples may include, but are not limited to the name of the
chemical(s), such as ``acetone'' or ``methylene dichloride''; or the
type or class of chemical, such as ``organic solvents'' or
``halogenated organic solvents'' or, as applicable, the proper shipping
name and technical name markings used to comply with Department of
Transportation requirements at 49 CFR part 172 subpart D);
(C) An indication of the hazards of the contents (examples include,
but are not limited to, the applicable hazardous waste
characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); a
hazard class label consistent with the Department of Transportation
requirements at 49 CFR part 172 subpart E (labeling); a label
consistent with the Occupational Safety and Health Administration
Hazard Communication Standard at 29 CFR 1920.1200; a chemical hazard
label consistent with the National Fire Protection Association code
704; or a hazard pictogram consistent with the United Nations' Globally
Harmonized System; or any other marking or labeling commonly used
nationwide in commerce that identifies the nature of the hazards
associated with the contents of the waste accumulation unit); and
(D) The date upon which the episodic event began, clearly visible
for inspection on each container.
(ii) Tanks. A very small quantity generator accumulating episodic
hazardous waste in tanks must do the following:
(A) Mark or label the tank with the words ``Episodic Hazardous
Waste;''
(B) Use inventory logs, monitoring equipment, or records to
identify the contents of the tank and its associated hazards;
(C) Use inventory logs, monitoring equipment or records to identify
the date upon which each episodic event begins; and
(D) Keep inventory logs or records with the above information in
close proximity to the tank.
(iii) Hazardous waste must be managed in a manner that minimizes
the possibility of a fire, explosion, or release of hazardous waste or
hazardous waste constituents to the air, soil, or water;
(A) Containers must be in good condition and compatible with the
hazardous waste being accumulated therein. Containers must be kept
closed except to add or remove waste.
(B) Tanks must be in good condition and compatible with the
hazardous waste accumulated therein. Tanks must have procedures in
place to prevent the overflow (e.g., be equipped with a means to stop
inflow with systems such as a waste feed cutoff system or bypass system
to a standby tank when hazardous waste is continuously fed into the
tank). Tanks must be inspected at least once each operating day to
ensure all applicable discharge control equipment, such as waste feed
cutoff systems, bypass systems, and drainage systems are in good
working order and to ensure the tank is operated according to its
design by reviewing the data gathered from monitoring equipment such as
pressure and temperature gauges from the inspection.
(5) The very small quantity generator must comply with the
hazardous waste manifest provisions of 40 CFR part 262 subpart B when
it sends its episodic event hazardous waste off site to a RCRA-
designated facility.
(6) The very small quantity generator has up to forty-five (45)
calendar days from the start of the episodic event to manifest and send
its hazardous waste generated from the episodic event to a RCRA-
designated facility unless an extension is granted pursuant to Sec.
262.233.
(7) Very small quantity generators must maintain the following
records for three (3) years from the end date of the episodic event:
(i) Beginning and end dates of the episodic event;
(ii) A description of the episodic event;
(iii) A description of the types and quantities of hazardous wastes
generated during the event;
(iv) A description of how the hazardous waste was managed as well
as the name of the RCRA designated facility that received the hazardous
waste;
(v) Name(s) of hazardous waste transporters;
(vi) An approval letter from EPA if the generator petitioned to
conduct one additional episodic event per calendar year; and
(vii) An approval letter from EPA if the generator petitioned for
an additional thirty (30) calendar day extension.
(b) Small quantity generators. A small quantity generator may
maintain its existing generator category during an episodic event
provided that the generator complies with the following conditions:
(1) The small generator is limited to one episodic event per
calendar year unless a petition is granted under Sec. 262.233;
(2) The small quantity generator must notify EPA no later than
thirty (30) calendar days prior to initiating a planned episodic event
using EPA form 8700-12. In the event of an unplanned episodic event,
the small quantity generator must notify EPA within 24 hours of the
unplanned event or as soon as possible via phone or email and
subsequently submit EPA form 8700-12. The small quantity generator
shall include the start date of the episodic event and the reason(s)
for the event, types and estimated quantities of hazardous wastes
expected to be generated as a result of the episodic event, and
identify a facility contact and emergency coordinator with 24-hour
telephone access to discuss the notification submittal or respond to
emergency;.
(3) The small quantity generator must have an EPA identification
number or obtain an EPA identification number using EPA form 8700-12.
(4) Accumulation by small quantity generators. A small quantity
generator is prohibited from accumulating
[[Page 58006]]
hazardous wastes generated from an episodic event waste on drip pads
and in containment buildings. When accumulating hazardous waste
generated from an episodic event in containers and tanks, the following
conditions apply:
(i) Containers. A small quantity generator accumulating episodic
hazardous waste in containers that meet the standards at part 265
subpart I of this chapter, except Sec. Sec. 265.176 and 265.178 of
this chapter, must mark its containers with the following:
(A) The words ``Episodic Hazardous Waste'';
(B) Other words that identify the contents of the containers
(examples may include, but are not limited to the name of the
chemical(s), such as ``acetone'' or ``methylene dichloride''; or the
type or class of chemical, such as ``organic solvents'' or halogenated
organic solvents'' or, as applicable, the proper shipping name and
technical name markings used to comply with Department of
Transportation requirements at 49 CFR part 172 subpart D);
(C) An indication of the hazards of the contents (examples include,
but are not limited to, the applicable hazardous waste
characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); a
hazard class label consistent with the Department of Transportation
requirements at 49 CFR part 172 subpart E (labeling); a label
consistent with the Occupational Safety and Health Administration
Hazard Communication Standard at 29 CFR 1920.1200; a chemical hazard
label consistent with the National Fire Protection Association code
704; or a hazard pictogram consistent with the United Nations' Globally
Harmonized System; or any other marking or labeling commonly used
nationwide in commerce that identifies the nature of the hazards
associated with the contents of the waste accumulation unit); and
(D) The date upon which the episodic event began, clearly visible
for inspection on each container.
(ii) Tanks. A small quantity generator accumulating episodic
hazardous waste in tanks that meet the standards at Sec. 265.201 in
subpart J must do the following:
(A) Mark or label its tank with the words ``Episodic Hazardous
Waste;''
(B) Use inventory logs, monitoring equipment, or records to
identify the contents of the tank and its associated hazards;
(C) Use inventory logs, monitoring equipment or records to identify
the date upon which each period of accumulation begins and ends; and
(D) Keep inventory logs or records with the above information
immediately accessible.
(iii) Comply with the applicable conditions listed in Sec. 262.16.
(5) The small quantity generator must treat hazardous waste
generated from an episodic event on site or manifest and ship such
hazardous waste off site to a RCRA-designated facility within forty-
five (45) calendar days from the start of the episodic event, unless an
extension is granted pursuant to Sec. 262.233.
(6) The small quantity generator must maintain the following
records for three (3) years from the end date of the episodic event:
(i) Beginning and end dates of the episodic event;
(ii) A description of the episodic event;
(iii) A description of the types and quantities of hazardous wastes
generated during the event;
(iv) A description of how the hazardous waste was managed as well
as the name of the RCRA designated facility that received the hazardous
waste;
(v) Name(s) of hazardous waste transporters;
(vi) An approval letter from EPA if the generator petitioned to
conduct one additional episodic event per calendar year; and
(vii) An approval letter from EPA if the generator petitioned for
an additional thirty (30) calendar day extension.
Sec. 262.233 Petition to manage one additional episodic event per
calendar year.
(a) A very small quantity generator or a small quantity generator
may petition EPA for one additional episodic event per calendar year
without it impacting its generator category. The petition must include
the following:
(1) The reason(s) why an additional episodic event is needed and
the nature of the episodic event;
(2) The estimated amount of hazardous waste to be managed from the
event;
(3) How the hazardous waste is to be managed;
(4) The estimated length of time needed to complete management of
the hazardous waste generated from the episodic event--not to exceed 45
days; and
(5) Information regarding the previous episodic event managed by
the generator, including the nature of the event and whether it was a
planned or unplanned event.
(b) The petition must be made via fax, email, or letter.
(c) The generator cannot manage the hazardous waste generated from
an additional episodic event under subpart L until written approval by
EPA, including email, has been received.
(d) The generator must retain written approval in its records for
three years from the date the episodic event ended.
Sec. 262.234 Petition for a 30-day extension to an episodic event.
(a) The very small quantity generator or a small quantity generator
may petition EPA for a thirty (30) calendar day extension to complete
the management of hazardous waste generated by an episodic event. The
petition must include the following:
(1) The nature of the episodic event;
(2) The estimated amount of additional hazardous waste to be
managed from the episodic event if the extension is granted; and
(3) The generator's rationale for needing an extension of an
additional 30 days beyond the 45-day limit to complete management of
the hazardous waste generated from the episodic event.
(b) The generator must petition EPA via fax, email, or letter
within fifteen (15) calendar days of the event ending.
(c) The generator cannot go beyond the 45-day limit unless written
approval from EPA has been received.
(d) The generator must retain written approval in its records for
three years from the date the episodic event ended.
0
45. Subpart M is added to read as follows:
Subpart M--Preparedness, Prevention, and Emergency Procedures for Large
Quantity Generators
Sec.
262.250 Applicability.
262.251 Maintenance and operation of facility.
262.252 Required equipment.
262.253 Testing and maintenance of equipment.
262.254 Access to communications or alarm system.
262.255 Required aisle space.
262.256 Arrangements with local authorities.
262.260 Purpose and implementation of contingency plan.
262.261 Content of contingency plan.
262.262 Copies of contingency plan.
262.263 Amendment of contingency plan.
262.264 Emergency coordinator.
262.265 Emergency procedures.
Subpart M--Preparedness, Prevention, and Emergency Procedures for
Large Quantity Generators
Sec. 262.250 Applicability.
The regulations of this subpart apply to those areas of a large
quantity generator where hazardous waste is generated or accumulated on
site in
[[Page 58007]]
accordance with the conditions in Sec. 262.17.
Sec. 262.251 Maintenance and operation of facility.
A large quantity generator must maintain and operate its site to
minimize the possibility of a fire, explosion, or any unplanned sudden
or non-sudden release of hazardous waste or hazardous waste
constituents to air, soil, or surface water which could threaten human
health or the environment.
Sec. 262.252 Required equipment.
All areas where hazardous waste is being either generated or
accumulated must be equipped with the items in paragraphs (a) through
(d) of this section (unless none of the hazards posed by waste handled
at the site could require a particular kind of equipment specified
below or the actual waste generation or accumulation area does not lend
itself for safety reasons to have a particular kind of equipment
specified below). A large quantity generator may determine the most
appropriate locations within its generator site to locate equipment
necessary to prepare for and respond to emergencies:
(a) An internal communications or alarm system capable of providing
immediate emergency instruction (voice or signal) to site personnel;
(b) A device, such as a telephone (immediately available at the
scene of operations) or a hand-held two-way radio, capable of summoning
emergency assistance from local police departments, fire departments,
or state or local emergency response teams;
(c) Portable fire extinguishers, fire control equipment (including
special extinguishing equipment, such as that using foam, inert gas, or
dry chemicals), spill control equipment, and decontamination equipment;
and
(d) Water at adequate volume and pressure to supply water hose
streams, or foam producing equipment, or automatic sprinklers, or water
spray systems.
Sec. 262.253 Testing and maintenance of equipment.
All communications or alarm systems, fire protection equipment,
spill control equipment, and decontamination equipment, where required,
must be tested and maintained as necessary to assure its proper
operation in time of emergency.
Sec. 262.254 Access to communications or alarm system.
(a) Whenever hazardous waste is being poured, mixed, spread, or
otherwise handled, all personnel involved in the operation must have
immediate access (e.g., direct or unimpeded access) to an internal
alarm or emergency communication device, either directly or through
visual or voice contact with another employee, unless such a device is
not required under Sec. 265.252 of this chapter.
(b) In the event there is just one employee on the premises while
the site is operating, the employee must have immediate access (e.g.,
direct or unimpeded access) to a device, such as a telephone
(immediately available at the scene of operation) or a hand-held two-
way radio, capable of summoning external emergency assistance, unless
such a device is not required under Sec. 265.252 of this chapter.
Sec. 262.255 Required aisle space.
The large quantity generator must maintain aisle space to allow the
unobstructed movement of personnel, fire protection equipment, spill
control equipment, and decontamination equipment to any area of site
operation in an emergency, unless aisle space is not needed for any of
these purposes.
Sec. 262.256 Arrangements with local authorities.
(a) The large quantity generator must make arrangements with the
Local Emergency Planning Committee for the types and quantities of
hazardous waste handled at the site, as well as the potential need for
the services of the local police department, other emergency response
teams, emergency response contractors, equipment suppliers, and local
hospitals. Should there be no Local Emergency Planning Committee,
should it not respond, or should the Local Emergency Planning Committee
determine that it is not the appropriate organization to make
arrangements with, then the large quantity generator must make
arrangements with the local fire department and other relevant
emergency responders (e.g., police and hospitals).
(1) A large quantity generator that must make arrangements with its
local fire department must determine the potential need for the
services of the local police department, other emergency response
teams, emergency response contractors, equipment suppliers and local
hospitals.
(2) As part of this coordination, the large quantity generator
shall make arrangements, as necessary, to familiarize the above
organizations with the layout of the site, the properties of the
hazardous waste handled at the site and associated hazards, places
where personnel would normally be working, entrances to roads inside
the site, and possible evacuation routes as well as the types of
injuries or illnesses which could result from fires, explosions, or
releases at the site.
(3) Where more than one police or fire department might respond to
an emergency, the large quantity generator shall enter into agreements
designating primary emergency authority to a specific fire or police
department, and agreements with any others to provide support to the
primary emergency authority.
(b) The large quantity generator shall maintain records documenting
the arrangements with the Local Emergency Planning Committee, or if
appropriate, with the local fire department as well as any other
organization necessary to respond to an emergency. This documentation
must include a certified letter or any other documentation that
confirms such arrangements actively exist.
Sec. 262.260 Purpose and implementation of contingency plan.
(a) A large quantity generator must have a contingency plan for the
site. The contingency plan must be designed to minimize hazards to
human health or the environment from fires, explosions, or any
unplanned sudden or non-sudden release of hazardous waste or hazardous
waste constituents to air, soil, or surface water.
(b) The provisions of the plan must be carried out immediately
whenever there is a fire, explosion, or release of hazardous waste or
hazardous waste constituents which could threaten human health or the
environment.
Sec. 262.261 Content of contingency plan.
(a) The contingency plan must describe the actions site personnel
must take to comply with Sec. Sec. 262.260 and 262.265 in response to
fires, explosions, or any unplanned sudden or non-sudden release of
hazardous waste or hazardous waste constituents to air, soil, or
surface water at the site.
(b) If the generator has already prepared a Spill Prevention,
Control, and Countermeasures (SPCC) Plan in accordance with part 112 of
this chapter, or some other emergency or contingency plan, it need only
amend that plan to incorporate hazardous waste management provisions
that are sufficient to comply with the standards of this part. The
generator may develop one contingency plan that meets all regulatory
standards. EPA recommends that the plan be based on the National
Response Team's Integrated Contingency Plan Guidance (``One Plan'').
[[Page 58008]]
(c) The plan must describe arrangements agreed to with the Local
Emergency Planning Committee. Should there be no Local Emergency
Planning Committee, should it not respond, or should the Local
Emergency Planning Committee determine that it is not the appropriate
organization to make arrangements with, then the plan must describe
arrangements agreed to by local fire departments and other relevant
emergency responders (e.g., police and hospitals) to coordinate
emergency services, pursuant to Sec. 262.256.
(d) The plan must list names and emergency telephone numbers of all
persons qualified to act as emergency coordinator (see Sec. 262.264),
and this list must be kept up to date. Where more than one person is
listed, one must be named as primary emergency coordinator and others
must be listed in the order in which they will assume responsibility as
alternates. In situations where the generator site has an emergency
coordinator continuously on duty because it operates 24 hours per day,
every day of the year, the plan may list the staffed position (e.g.,
operations manager, shift coordinator, shift operations supervisor) as
well as an emergency telephone number that can be guaranteed to be
answered at all times.
(e) The plan must include a list of all emergency equipment at the
site (such as fire extinguishing systems, spill control equipment,
communications and alarm systems (internal and external), and
decontamination equipment), where this equipment is required. This list
must be kept up to date. In addition, the plan must include the
location and a physical description of each item on the list, and a
brief outline of its capabilities.
(f) The plan must include an evacuation plan for generator
personnel where there is a possibility that evacuation could be
necessary. This plan must describe signal(s) to be used to begin
evacuation, evacuation routes, and alternate evacuation routes (in
cases where the primary routes could be blocked by releases of
hazardous waste or fires).
Sec. 262.262 Copies of contingency plan.
A copy of the contingency plan and all revisions to the plan must
be maintained at the large quantity generator's site and--
(a) The large quantity generator must submit a copy of the
contingency plan to the Local Emergency Planning Committee. Should
there be no Local Emergency Planning Committee, should it not respond,
or should the Local Emergency Planning Committee determine that it is
not the appropriate organization to make arrangements with, the large
quantity generator must submit the copy to the local emergency
responders.
(b) A generator that first becomes subject to these provisions
after [date 6 months after the date of publication of the final rule in
the Federal Register] must submit an executive summary of the
contingency plan to the Local Emergency Planning Committee. Should
there be no Local Emergency Planning Committee, should it not respond,
or should the Local Emergency Planning Committee determine that it is
not the appropriate organization to make arrangements with, the
generator must submit the copy to the local emergency responders. The
executive summary must include the following elements:
(1) The types/names of hazardous wastes in layman's terms and the
associated hazard associated with each waste present at any one time
(e.g., toxic paint wastes, spent ignitable solvent, corrosive acid);
(2) The estimated maximum amount of each hazardous waste that may
be present at any one time;
(3) The identification of any hazardous wastes where exposure would
require unique or special treatment by medical or hospital staff;
(4) A map of the site showing where hazardous wastes are generated
and accumulated and routes for accessing these wastes;
(5) A street map of the site in relation to surrounding businesses,
schools and residential areas to understand how best to get to the
facility and also evacuate citizens and workers;
(6) The locations of water supply (e.g., fire hydrant and its flow
rate);
(7) The identification of on-site notification systems (e.g., a
fire alarm that rings off site, smoke alarms); and
(8) The name of the emergency coordinator and 7/24-hour emergency
telephone number.
Sec. 262.263 Amendment of contingency plan.
The contingency plan must be reviewed, and immediately amended, if
necessary, whenever:
(a) Applicable regulations are revised;
(b) The plan fails in an emergency;
(c) The generator site changes--in its design, construction,
operation, maintenance, or other circumstances--in a way that
materially increases the potential for fires, explosions, or releases
of hazardous waste or hazardous waste constituents, or changes the
response necessary in an emergency;
(d) The list of emergency coordinators changes; or
(e) The list of emergency equipment changes.
Sec. 262.264 Emergency coordinator.
At all times, there must be at least one employee either on the
generator's premises or on call (i.e., available to respond to an
emergency by reaching the site within a short period of time) with the
responsibility for coordinating all emergency response measures and
implementing the necessary emergency procedures outlined in Sec.
262.265. This emergency coordinator must be thoroughly familiar with
all aspects of the generator's contingency plan, all operations and
activities at the site, the location and characteristics of waste
handled, the location of all records within the site, and the site's
layout. In addition, this person must have the authority to commit the
resources needed to carry out the contingency plan.
Sec. 262.265 Emergency procedures.
(a) Whenever there is an imminent or actual emergency situation,
the emergency coordinator (or his designee when the emergency
coordinator is on call) must immediately:
(1) Activate internal site alarms or communication systems, where
applicable, to notify all site personnel; and
(2) Notify appropriate state or local agencies with designated
response roles if their help is needed.
(b) Whenever there is a release, fire, or explosion, the emergency
coordinator must immediately identify the character, exact source,
amount, and areal extent of any released materials. The emergency
coordinator may do this by observation or review of the site records or
manifests and, if necessary, by chemical analysis.
(c) Concurrently, the emergency coordinator must assess possible
hazards to human health or the environment that may result from the
release, fire, or explosion. This assessment must consider both direct
and indirect effects of the release, fire, or explosion (e.g., the
effects of any toxic, irritating, or asphyxiating gases that are
generated, or the effects of any hazardous surface water run-offs from
water or chemical agents used to control fire and heat-induced
explosions).
(d) If the emergency coordinator determines that the site has had a
release, fire, or explosion which could threaten human health, or the
environment, outside the facility, the emergency coordinator must
report the findings as follows:
(1) If the assessment indicates that evacuation of local areas may
be
[[Page 58009]]
advisable, the emergency coordinator must immediately notify
appropriate local authorities. The emergency coordinator must be
available to help appropriate officials decide whether local areas
should be evacuated; and
(2) The emergency coordinator must immediately notify either the
government official designated as the on-scene coordinator for that
geographical area, or the National Response Center (using their 24-hour
toll free number 800/424-8802). The report must include:
(i) Name and telephone number of reporter;
(ii) Name and address of the generator;
(iii) Time and type of incident (e.g., release, fire);
(iv) Name and quantity of material(s) involved, to the extent
known;
(v) The extent of injuries, if any; and
(vi) The possible hazards to human health, or the environment,
outside the site.
(e) During an emergency, the emergency coordinator must take all
reasonable measures necessary to ensure that fires, explosions, and
releases do not occur, recur, or spread to other hazardous waste at the
generator's site. These measures must include, where applicable,
stopping processes and operations, collecting and containing released
waste, and removing or isolating containers.
(f) If the generator's site stops operations in response to a fire,
explosion or release, the emergency coordinator must monitor for leaks,
pressure buildup, gas generation, or ruptures in valves, pipes, or
other equipment, wherever this is appropriate.
(g) Immediately after an emergency, the emergency coordinator must
provide for treating, storing, or disposing of recovered waste,
contaminated soil or surface water, or any other material that results
from a release, fire, or explosion at the facility. Unless the
generator can demonstrate, in accordance with Sec. 261.3(c) or (d) of
this chapter, that the recovered material is not a hazardous waste,
then it is a newly generated hazardous waste that must be managed in
accordance with all the applicable independent requirements and
conditions for exemption in parts 262, 263, and 265 of this chapter.
(h) The emergency coordinator must ensure that, in the affected
area(s) of the site:
(1) No waste that may be incompatible with the released material is
treated, stored, or disposed of until cleanup procedures are completed;
and
(2) All emergency equipment listed in the contingency plan is
cleaned and fit for its intended use before operations are resumed.
(i) The generator must note in the operating record the time, date,
and details of any incident that requires implementing the contingency
plan. Within 15 days after the incident, the generator must submit a
written report on the incident to the Regional Administrator. The
report must include:
(1) Name, address, and telephone number of the generator;
(2) Date, time, and type of incident (e.g., fire, explosion);
(3) Name and quantity of material(s) involved;
(4) The extent of injuries, if any;
(5) An assessment of actual or potential hazards to human health or
the environment, where this is applicable; and
(6) Estimated quantity and disposition of recovered material that
resulted from the incident.
PART 263--STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE
0
46. The authority citation for part 263 continues to read as follows:
Authority: 42 U.S.C. 6906, 6912, 6922-6925, 6937, and 6938.
0
47. Section 263.12 is revised to read as follows:
Sec. 263.12 Transfer facility requirements.
(a) A transporter who stores manifested shipments of hazardous
waste in containers meeting the independent requirements of Sec.
262.30 of this chapter at a transfer facility for a period of ten days
or less is not subject to regulation under parts 264, 265, 267, 268,
and 270 of this chapter with respect to the storage of those wastes.
(b) The transporter must hold hazardous wastes that are stored at
transfer facilities in containers marked with the following
information:
(1) The words ``Hazardous Waste;''
(2) The applicable EPA hazardous waste number(s) (EPA hazardous
waste codes) in subparts C and D of part 261 of this chapter;
(3) Other words that identify the contents of the containers
(examples may include, but are not limited to the name of the
chemical(s), such as ``acetone'' or ``methylene dichloride''; or the
type or class of chemical, such as ``organic solvents'' or
``halogenated organic solvents'' or, as applicable, the proper shipping
name and technical name markings used to comply with Department of
Transportation requirements at 49 CFR part 172 subpart D); and
(4) An indication of the hazards of the contents (examples include,
but are not limited to, the applicable hazardous waste
characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); a
hazard class label consistent with the Department of Transportation
requirements at 49 CFR part 172 subpart E (labeling); a label
consistent with the Occupational Safety and Health Administration
Hazard Communication Standard at 29 CFR 1920.1200; a chemical hazard
label consistent with the National Fire Protection Association code
704; a hazard pictogram consistent with the United Nations' Globally
Harmonized System; or any other marking and labeling commonly used
nationwide in commerce that identifies the nature of the hazards
associated with the contents of the waste accumulation unit).
PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
0
48. The authority citation for part 264 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6924, and 6925.
0
49. Section 264.1 is amended by revising paragraphs (g)(1) and (3) to
read as follows:
Sec. 264.1 Purpose, scope and applicability.
* * * * *
(g) * * *
(1) The owner or operator of a facility permitted, licensed, or
registered by a state to manage municipal or industrial solid waste, if
the only hazardous waste the facility treats, stores, or disposes of is
excluded from regulation under this part by Sec. 262.14 of this
chapter;
* * * * *
(3) A generator accumulating waste on site in compliance with Sec.
262.14, 262.15, 262.16, or 262.17 of this chapter.
* * * * *
0
50. Section 264.15 is amended by revising paragraph (b)(4) and removing
the comment to paragraph (b)(4) and paragraph (b)(5).
The revision reads as follows:
Sec. 264.15 General inspection requirements.
* * * * *
(b) * * *
(4) The frequency of inspection may vary for the items on the
schedule. However, the frequency should be based on the rate of
deterioration of the equipment and the probability of an environmental
or human health incident if the deterioration, malfunction, or operator
error goes undetected between inspections. Areas
[[Page 58010]]
subject to spills, such as loading and unloading areas, must be
inspected daily when in use. At a minimum, the inspection schedule must
include the items and frequencies called for in Sec. Sec. 264.174,
264.193, 264.195, 264.226, 264.254, 264.278, 264.303, 264.347, 264.602,
264.1033, 264.1052, 264.1053, 264.1058, and 264.1083 through 264.1089,
where applicable. Part 270 of this chapter requires the inspection
schedule to be submitted with part B of the permit application. EPA
will evaluate the schedule along with the rest of the application to
ensure that it adequately protects human health and the environment. As
part of this review, EPA may modify or amend the schedule as may be
necessary.
* * * * *
0
51. Section 264.71 is amended by revising paragraph (c) and removing
the comment following paragraph (c).
The revision reads as follows:
Sec. 264.71 Use of manifest system.
* * * * *
(c) Whenever a shipment of hazardous waste is initiated from a
facility, the owner or operator of that facility must comply with the
requirements of part 262 of this chapter. The provisions of Sec. Sec.
262.15, 262.16, and 262.17 of this chapter are applicable to the on-
site accumulation of hazardous wastes by generators. Therefore, the
provisions of Sec. Sec. 262.15, 262.16, and 262.17 of this chapter
only apply to owners or operators who are shipping hazardous waste
which they generated at that facility.
* * * * *
0
52. Section 264.75 is revised to read as follows:
Sec. 264.75 Biennial report.
The owner or operator must complete and submit EPA form 8700-13 to
the Regional Administrator by March 1 of each even numbered year for
facility activities during the previous calendar year.
0
53. Section 264.170 is revised to read as follows:
Sec. 264.170 Applicability.
The regulations in this subpart apply to owners and operators of
all hazardous waste facilities that store hazardous waste in
containers, except as Sec. 264.1 provides otherwise.
0
54. Section 264.174 is revised to read as follows:
Sec. 264.174 Inspections.
At least weekly, the owner or operator must inspect areas where
containers are stored. The owner or operator must look for leaking
containers and for deterioration of containers and the containment
system cause by corrosion or other factors. See Sec. Sec. 264.15(c)
and 264.171 for remedial action required if deterioration or leaks are
detected.
0
55. Section 264.191 is amended by revising paragraph (a) to read as
follows:
Sec. 264.191 Assessment of existing tank system's integrity.
(a) For each existing tank system that does not have secondary
containment meeting the requirements of Sec. 264.193, the owner or
operator must determine that the tank system is not leaking or is fit
for use. Except as provided in paragraph (c) of this section, the owner
or operator must obtain and keep on file at the facility a written
assessment reviewed and certified by a qualified Professional Engineer,
in accordance with Sec. 270.11(d) of this chapter, that attests to the
tank system's integrity by January 12, 1988.
* * * * *
Sec. 264.195 [Amended]
0
56. Section 264.195 is amended by removing and reserving paragraph (e).
0
57. Section 264.1030 is amended by revising paragraph (b)(2) to read as
follows:
Sec. 264.1030 Applicability.
* * * * *
(b) * * *
(2) A unit (including a hazardous waste recycling unit) that is not
exempt from permitting under the provisions of 40 CFR 262.17 (i.e., a
hazardous waste recycling unit that is not a 90-day tank or container)
and that is located at a hazardous waste management facility otherwise
subject to the permitting requirements of 40 CFR part 270; or
* * * * *
0
58. Section 264.1050 is amended by revising paragraph (b)(3) to read as
follows:
Sec. 264.1050 Applicability.
* * * * *
(b) * * *
(3) A unit that is exempt from permitting under the provisions of
40 CFR 262.17 (i.e., a ``90-day'' tank or container) and is not a
recycling unit under the provisions of 40 CFR 261.6.
* * * * *
0
59. Section 264.1101 is amended by revising paragraph (c)(4) to read as
follows:
Sec. 264.1101 Design and operating standards.
* * * * *
(c) * * *
(4) Inspect and record in the facility operating record, at least
once every seven days, data gathered from monitoring and leak detection
equipment as well as the containment building and the area immediately
surrounding the containment building to detect signs of releases of
hazardous waste.
* * * * *
PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
0
60. The authority citation for part 265 continues to read as follows:
Authority: 42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925,
6935, 6936, and 6937.
0
61. Section 265.1 is amended by revising paragraphs (c)(5) and (7) to
read as follows:
Sec. 265.1 Purpose, scope, and applicability.
* * * * *
(c) * * *
(5) The owner or operator of a facility permitted, licensed, or
registered by a State to manage municipal or industrial solid waste, if
the only hazardous waste the facility treats, stores, or disposes of is
excluded from regulation under this part by Sec. 262.14 of this
chapter;
* * * * *
(7) A generator accumulating waste on site in compliance with
Sec. Sec. 262.15, 262.16, and 262.17 of this chapter, except to the
extent the provisions are included in Sec. 262.15, 262.16, or 262.17
of this chapter;
* * * * *
0
62. Section 265.15 is amended by revising paragraph (b)(4) and removing
paragraph (b)(5).
The revision reads as follows:
Sec. 265.15 General inspection requirements.
* * * * *
(b) * * *
(4) The frequency of inspection may vary for the items on the
schedule. However, the frequency should be based on the rate of
deterioration of the equipment and the probability of an environmental
or human health incident if the deterioration, malfunction, or operator
error goes undetected between inspections. Areas subject to spills,
such as loading and unloading areas, must be inspected daily when in
use. At a minimum, the inspection schedule must include the items and
frequencies called for in Sec. Sec. 265.174, 265.193, 265.195,
265.226, 265.260, 265.278, 265.304, 265.347, 265.377, 265.403,
265.1033, 265.1052,
[[Page 58011]]
265.1053, 265.1058, and 265.1084 through 265.1090, where applicable.
* * * * *
0
63. Section 265.71 is amended by revising paragraph (c) to read as
follows:
Sec. 265.71 Use of manifest system.
* * * * *
(c) Whenever a shipment of hazardous waste is initiated from a
facility, the owner or operator of that facility must comply with the
requirements of part 262 of this chapter. The provisions of Sec. Sec.
262.15, 262.16, and 262.17 of this chapter are applicable to the on-
site accumulation of hazardous wastes by generators. Therefore, the
provisions of Sec. Sec. 262.15, 262.16, and 262.17 only apply to
owners or operators who are shipping hazardous waste which they
generated at that facility.
* * * * *
0
64. Section 265.75 is revised to read as follows:
Sec. 265.75 Biennial report.
The owner or operator must complete and submit EPA form 8700-13 to
the Regional Administrator by March 1 of each even numbered year for
facility activities during the previous calendar year.
0
65. Section 265.111 is amended by revising paragraph (c) to read as
follows:
Sec. 265.111 Closure performance standard.
* * * * *
(c) Complies with the closure requirements of this subpart,
including, but not limited to, the requirements of Sec. Sec. 265.197,
265.228, 265.258, 265.280, 265.310, 265.351, 265.381, 265.404, 265.445,
and 265.1102.
0
66. Section 265.114 is revised to read as follows:
Sec. 265.114 Disposal or decontamination of equipment, structures and
soils.
During the partial and final closure periods, all contaminated
equipment, structures and soil must be properly disposed of, or
decontaminated unless specified otherwise in Sec. 265.197, 265.228,
265.445, 265.258, 265.280, 265.310, or 265.1102. By removing all
hazardous wastes or hazardous constituents during partial and final
closure, the owner or operator may become a generator of hazardous
waste and must handle that hazardous waste in accordance with all
applicable requirements of part 262 of this chapter.
0
67. Section 265.174 is revised to read as follows:
Sec. 265.174 Inspections.
At least weekly, the owner or operator must inspect areas where
containers are stored. The owner or operator must look for leaking
containers and for deterioration of containers caused by corrosion or
other factors. See Sec. 265.171 for remedial action required if
deterioration or leaks are detected.
Sec. 265.195 [Amended]
0
68. Section 265.195 is amended by removing and reserving paragraph (d).
Sec. 265.201 [Removed and reserved]
0
69. Remove and reserve Sec. 265.201.
0
70. Section 265.1030 is amended by revising paragraphs (b)(2) and (3)
and removing the Note to (b)(3).
The revisions read as follows:
Sec. 265.1030 Applicability.
* * * * *
(b) * * *
(2) A unit (including a hazardous waste recycling unit) that is not
exempt from permitting under the provisions of 40 CFR 262.17 (i.e., a
hazardous waste recycling unit that is not a 90-day tank or container)
and that is located at a hazardous waste management facility otherwise
subject to the permitting requirements of 40 CFR part 270, or
(3) A unit that is exempt from permitting under the provisions of
40 CFR 262.17 (i.e., a ``90-day'' tank or container) and is not a
recycling unit under the requirements of 40 CFR 261.6.
* * * * *
0
71. Section 265.1101 is amended by revising paragraph (c)(4) to read as
follows:
Sec. 265.1101 Design and operating standards.
* * * * *
(c) * * *
(4) Inspect and record in the facility's operating record at least
once every seven days data gathered from monitoring and leak detection
equipment as well as the containment building and the area immediately
surrounding the containment building to detect signs of releases of
hazardous waste.
* * * * *
PART 268--LAND DISPOSAL RESTRICTIONS
0
72. The authority citation for part 268 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, and 6924.
0
73. Section 268.1 is amended by revising paragraph (e)(1) to read as
follows:
Sec. 268.1 Purpose, scope, and applicability.
* * * * *
(e) * * *
(1) Waste generated by very small quantity generators, as defined
in Sec. 260.10 of this chapter;
* * * * *
0
74. Section 268.7 is amended by revising paragraph (a)(5) introductory
paragraph to read as follows:
Sec. 268.7 Testing, tracking, and recordkeeping requirements for
generators, treaters, and disposal facilities.
(a) * * *
(5) If a generator is managing and treating prohibited waste or
contaminated soil in tanks, containers, or containment buildings
regulated under 40 CFR 262.15, 262.16, and 262.17 to meet applicable
LDR treatment standards found at Sec. 268.40, the generator must
develop and follow a written waste analysis plan which describes the
procedures they will carry out to comply with the treatment standards.
(Generators treating hazardous debris under the alternative treatment
standards of Table 1 to Sec. 268.45, however, are not subject to these
waste analysis requirements.) The plan must be kept on site in the
generator's records, and the following requirements must be met:
* * * * *
0
75. Section 268.50 is amended by revising paragraph (a)(2)(i) to read
as follows:
Sec. 268.50 Prohibitions on storage of restricted waste.
(a) * * *
(2) * * *
(i) Each container is clearly marked with:
(A) The words ``Hazardous Waste;''
(B) The applicable EPA hazardous waste number(s) (EPA hazardous
waste codes) in subparts C and D of part 261 of this chapter;
(C) Other words that identify the contents of the containers
(examples may include, but are not limited to the name of the
chemical(s), such as ``acetone'' or ``methylene dichloride''; or the
type or class of chemical, such as ``organic solvents'' or
``halogenated organic solvents'' or, as applicable, the proper shipping
name and technical name markings used to comply with Department of
Transportation requirements at 49 CFR part 172 subpart D); and
(D) An indication of the hazards of the contents (examples include,
but are not limited to, the applicable hazardous waste
characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); a
hazard class label consistent with the Department of Transportation
requirements at 49 CFR part 172 subpart E (labeling); a label
consistent with the Occupational Safety
[[Page 58012]]
and Health Administration Hazard Communication Standard at 29 CFR
1920.1200; a chemical hazard label consistent with the National Fire
Protection Association code 704; a hazard pictogram consistent with the
United Nations' Globally Harmonized System; or any other marking and
labeling commonly used nationwide in commerce that identifies the
nature of the hazards associated with the contents of the waste
accumulation unit); and
(E) The date each period of accumulation begins.
* * * * *
PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE
PERMIT PROGRAM
0
76. The authority citation for part 270 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and
6974.
0
77. Section 270.1 is amended by revising paragraphs (a)(3), (c)(2)
introductory text, (c)(2)(i), and (c)(2)(iii) to read as follows:
Sec. 270.1 Purpose and scope of these regulations.
(a) * * *
(3) Technical regulations. The RCRA permit program has separate
additional regulations that contain technical requirements. These
separate regulations are used by permit issuing authorities to
determine what requirements must be placed in permits if they are
issued. These separate regulations are located in 40 CFR parts 264,
266, 267, and 268.
* * * * *
(c) * * *
(2) Specific exclusions and exemptions. The following persons are
among those who are not required to obtain a RCRA permit:
(i) Generators who accumulate hazardous waste on site in compliance
with all of the conditions for exemption provided in 40 CFR 262.14,
262.15, 262.16, and 262.17.
* * * * *
(iii) Persons who own or operate facilities solely for the
treatment, storage, or disposal of hazardous waste excluded from
regulations under this part by 40 CFR 261.4.
* * * * *
Sec. 270.42 [Amended]
0
78. Section 270.42 is amended by removing and reserving paragraph (l)
and the entries under O.1. in the table of appendix I to Sec. 270.42.
PART 273--STANDARDS FOR UNIVERSAL WASTE MANAGEMENT
0
79. The authority citation for part 273 continues to read as follows:
Authority: 42 U.S.C. 6922, 6923, 6924, 6925, 6930, and 6937.
0
80. Section 273.8 is amended by revising the section heading and
paragraph (a)(2) to read as follows:
Sec. 273.8 Applicability--household and very small quantity generator
waste.
(a) * * *
(2) Very small quantity generator wastes that are exempt under
Sec. 262.14 of this chapter and are also of the same type as the
universal wastes defined at Sec. 273.9.
* * * * *
0
81. Section 273.81 is amended by revising paragraph (b) to read as
follows:
Sec. 273.81 Factors for petitions to include other wastes under 40
CFR part 273.
* * * * *
(b) The waste or category of waste is not exclusive to a specific
industry or group of industries, is commonly generated by a wide
variety of types of establishments (including, for example, households,
retail and commercial businesses, office complexes, very small quantity
generators, small businesses, government organizations, as well as
large industrial facilities);
* * * * *
PART 279--STANDARDS FOR MANAGEMENT OF USED OIL
0
82. The authority citation for part 279 continues to read as follows:
Authority: Sections 1006, 2002(a), 3001 through 3007, 3010,
3014, and 7004 of the Solid Waste Disposal Act, as amended (42
U.S.C. 6905, 6912(a), 6921 through 6927, 6930, 6934, and 6974) ; and
sections 101(37) and 144(c) of CERCLA (42 U.S.C. 9601(37) and
9614(c)).
0
83. Section 279.10 is amended by revising paragraph (b)(3) to read as
follows:
Sec. 279.10 Applicability.
* * * * *
(b) * * *
(3) Very small quantity generator hazardous waste. Mixtures of used
oil and very small quantity generator hazardous waste regulated under
Sec. 262.14 of this chapter are subject to regulation as used oil
under this part.
* * * * *
[FR Doc. 2015-23166 Filed 9-24-15; 8:45 am]
BILLING CODE 6560-50-P
