Hazardous Waste Generator Improvements Rule, the Hazardous Waste Pharmaceuticals Rule, and the Definition of Solid Waste Rule; Technical Corrections, 84710-84713 [2023-26750]
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Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Rules and Regulations
(b) In such circumstances, the
authorized officer shall solicit
applications competitively by issuing a
prospectus for persons to apply for a
visitor services authorization.
Notwithstanding Forest Service
outfitting and guiding policy in Forest
Service Handbook 2709.14, Chapter 50,
when authorizations, including priority
use permits for activities other than
sport hunting and fishing, expire in
accordance with their terms, they shall
not be reissued if there is a need to limit
use and when there is competitive
interest by preferred operators.
*
*
*
*
*
Homer Wilkes,
Under Secretary, Natural Resources and
Environment.
[FR Doc. 2023–26666 Filed 12–5–23; 8:45 am]
BILLING CODE 3411–15–P
[FR Doc. 2023–26741 Filed 12–5–23; 8:45 am]
BILLING CODE 1410–72–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 261, 262, and 266
[EPA–HQ–OLEM–2023–0081; FRL 8687–03–
OLEM]
RIN 2050–AH23
Hazardous Waste Generator
Improvements Rule, the Hazardous
Waste Pharmaceuticals Rule, and the
Definition of Solid Waste Rule;
Technical Corrections
LIBRARY OF CONGRESS
Environmental Protection
Agency (EPA).
ACTION: Partial withdrawal of direct
final rule.
Copyright Royalty Board
SUMMARY:
AGENCY:
37 CFR Part 386
[Docket No. 23–CRB–0010–SA–COLA
(2024)]
Cost of Living Adjustment to Satellite
Carrier Compulsory License Royalty
Rates; Correction
Copyright Royalty Board (CRB),
Library of Congress.
ACTION: Final rule; correction.
AGENCY:
This document corrects a
final rule published in the Federal
Register of November 29, 2023,
regarding the cost of living adjustment
(COLA) to the royalty rates that satellite
carriers pay for a compulsory license
under the Copyright Act.
DATES: Effective January 1, 2024.
FOR FURTHER INFORMATION CONTACT:
Anita Brown, (202) 707–7658, crb@
loc.gov.
SUMMARY:
In FR Doc.
2023–26122, appearing on page 83354
in the Federal Register of Wednesday,
November 29, 2023, the following
corrections are made:
SUPPLEMENTARY INFORMATION:
§ 386.2
[Corrected]
1. On page 83354, in the second
column, in part 386, in amendment 2,
the instruction ‘‘Section 386.2 is
amended by adding paragraphs
(b)(1)(xiv) and (b)(2)(xiv) to read as
follows:’’ is corrected to read ‘‘Section
386.2 is amended by adding paragraphs
(b)(1)(xv) and (b)(2)(xv) to read as
follows:’’.
■
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Dated: November 30, 2023.
David P. Shaw,
Chief Copyright Royalty Judge.
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Because the EPA received
adverse comment on eight amendments
in the direct final rule published on
August 9, 2023, we are withdrawing
amendments to specific provisions
through correction to the direct final
rule.
This correction is effective
December 7, 2023.
DATES:
FOR FURTHER INFORMATION CONTACT:
Brian Knieser, U.S. Environmental
Protection Agency, Office of Resource
Conservation and Recovery, (MC:
5304T), 1200 Pennsylvania Avenue NW,
Washington, DC 20460, (202) 566–0516,
(knieser.brian@epa.gov) or Kathy Lett,
U.S. Environmental Protection Agency,
Office of Resource Conservation and
Recovery, (MC: 5304T), 1200
Pennsylvania Avenue NW, Washington,
DC 20460, (202) 566–0517, (lett.kathy@
epa.gov).
SUPPLEMENTARY INFORMATION: Because
the EPA received adverse comment on
specific amendments, through this
correction, we are withdrawing only
those specific amendments from the
direct final rule, Hazardous Waste
Generator Improvements Rule, the
Hazardous Waste Pharmaceuticals Rule,
and the Definition of Solid Waste Rule;
Technical Corrections, published on
August 9, 2023 (88 FR 54086). We stated
in that direct final rule that if we
received adverse comment by the close
of the comment period on October 10,
2023, the specific amendments in the
direct final rule that are the subject of
adverse comment would not take effect,
and we would publish a timely
withdrawal in the Federal Register.
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Because the EPA subsequently received
adverse comment on eight amendments
in that direct final rule, we are
withdrawing only the eight affected
amendments. All other amendments in
that direct final rule will go into effect
on the effective date (December 7, 2023).
The eight specific amendments that are
being withdrawn are:
1. Section 261.4(e)(1) introductory
text related to sample waste generated
or collected for the purpose of
conducting treatability studies.
2. Section 262.11(d) introductory text
related to identifying hazardous
characteristics for listed hazardous
wastes when the characteristic is
already addressed by the listing.
3. Section 262.11(g) related to
identifying hazardous characteristics for
listed hazardous wastes when the
characteristic is already addressed by
the listing.
4. Section 262.16(b)(1) related to the
accumulation limit for small quantity
generators generating acute hazardous
waste.
5. Section 262.17(a)(8)(i) introductory
text related to LQG closure notification
when closing a waste accumulation unit
but not the whole facility.
6. Section 262.17(a)(8)(i)(A) related to
LQG closure notification when closing a
waste accumulation unit but not the
whole facility.
7. Section 262.232(b)(6)(iv) related to
adding ‘‘RCRA-’’ to the term
‘‘designated facility’’ to match the
language of parallel provisions in this
section.
8. Section 266.508(a)(2)(ii) related to
allowing applicable EPA hazardous
waste numbers (also known as waste
codes) in addition to the required
PHARMS code in item 13 of the
hazardous waste manifest for shipments
of hazardous waste pharmaceuticals
from a healthcare facility subject to 40
CFR part 266 subpart P. We are also
withdrawing language from this
provision that allows the use of PHRM
in lieu of PHARMS in item 13 of the
hazardous waste manifest.
Except for the amendment to § 262.11
at instruction 25, which is withdrawn in
full, because the provisions we are
withdrawing appear in amendatory
instructions affecting other provisions,
we are correcting the corresponding
amendments in full minus those
provisions withdrawn.
The EPA published a parallel
proposed rule on the same day as the
direct final rule. The proposed rule
invited comment on the substance of the
direct final rule. We will address those
comments in any subsequent final
action, which will be based on the
parallel proposed rule also published on
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Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Rules and Regulations
August 9, 2023. As stated in the direct
final rule and the parallel proposed rule,
we will not institute a second comment
period on this action.
List of Subjects
40 CFR Part 261
Environmental protection,
Administrative practice and procedure,
Air pollution control, Confidential
business information, Hazardous waste,
Intergovernmental relations, Licensing
and registration, Reporting and
recordkeeping requirements.
40 CFR Part 262
Environmental protection, Exports,
Hazardous materials transportation,
Hazardous waste, Imports, Labeling,
Packaging and containers, Reporting
and recordkeeping requirements.
40 CFR Part 266
Environmental protection, Energy,
Hazardous waste, Recycling, Reporting
and recordkeeping requirements.
Michael S. Regan,
Administrator.
For the reasons stated above, EPA is
withdrawing amendments in the direct
final rule published August 9, 2023, at
88 FR 54086, by making the following
corrections:
■
Correction
In FR Rule Doc. No. 2023–14731,
published August 9, 2023, at 88 FR
54086, make the following corrections:
■ 1. On page 54109, in the first column,
amendatory instruction 25 amending
§ 262.11 is removed.
■ 2. Beginning on page 54100 and
ending on page 54114, correct
amendatory instructions 5 (§ 261.4), 27
(§ 262.16), 28 (§ 262.17), 34 (§ 262.232),
and 55 (§ 266.508) to read as follows:
■ 5. Section 261.4 is amended by
revising paragraphs (a)(25)(i)(I),
(a)(25)(vi) and (vii), and (a)(25)(xi)(D) to
read as follows:
■
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§ 261.4
Exclusions.
(a) * * *
(25) * * *
(i) * * *
(I) The name of any countries of
transit through which the hazardous
secondary material will be sent and a
description of the approximate length of
time it will remain in such countries
and the nature of its handling while
there (for purposes of this section, the
terms ‘‘EPA Acknowledgment of
Consent’’, ‘‘country of import’’ and
‘‘country of transit’’ are used as defined
in 40 CFR 262.81 with the exception
that the terms in this section refer to
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hazardous secondary materials, rather
than hazardous waste):
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(vi) The export of hazardous
secondary material under this paragraph
(a)(25) is prohibited unless the
hazardous secondary material generator
receives from EPA an EPA
Acknowledgment of Consent
documenting the consent of the country
of import to the receipt of the hazardous
secondary material. Where the country
of import objects to receipt of the
hazardous secondary material or
withdraws a prior consent, EPA will
notify the hazardous secondary material
generator in writing. EPA will also
notify the hazardous secondary material
generator of any responses from
countries of transit.
(vii) Prior to each shipment, the
hazardous secondary material generator
or a U.S. authorized agent must:
(A) Submit Electronic Export
Information (EEI) for each shipment to
the Automated Export System (AES) or
its successor system, under the
International Trade Data System (ITDS)
platform, in accordance with 15 CFR
30.4(b).
(B) Include the following items in the
EEI, along with the other information
required under 15 CFR 30.6:
(1) EPA license code;
(2) Commodity classification code per
15 CFR 30.6(a)(12);
(3) EPA consent number;
(4) Country of ultimate destination
per 15 CFR 30.6(a)(5);
(5) Date of export per 15 CFR
30.6(a)(2);
(6) Quantity of waste in shipment and
units for reported quantity, if required
reporting units established by value for
the reported commodity classification
number are in units of weight or volume
per 15 CFR 30.6(a)(15); or
(7) EPA net quantity reported in units
of kilograms, if required reporting units
established by value for the reported
commodity classification number are
not in units of weight or volume.
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(xi) * * *
(D) By reclaimer and intermediate
facility, for each hazardous secondary
material exported, a description of the
hazardous secondary material and the
EPA hazardous waste number that
would apply if the hazardous secondary
material was managed as hazardous
waste, the DOT hazard class, the name
and U.S. EPA ID number (where
applicable) for each transporter used,
the consent number(s) under which the
hazardous secondary material was
shipped and for each consent number,
the total amount of hazardous secondary
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material shipped and the number of
shipments exported during the calendar
year covered by the report;
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■ 27. Section 262.16 is amended by
revising the introductory text and
paragraphs (b) introductory text, (b)(5)
introductory text, and (b)(8)(iv)(A) and
(B) to read as follows:
§ 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
requirements of parts 124, 264 through
267, and 270 of this chapter, or the
notification requirements of section
3010 of RCRA for treatment, storage,
and disposal facilities, provided that all
the conditions for exemption listed in
this section are met:
*
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(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), (d), and (e) of this
section. The following accumulation
conditions also apply:
*
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*
(5) Accumulation of hazardous waste
in containment buildings. If the waste is
placed in containment buildings, the
small quantity generator must comply
with 40 CFR part 265 subpart DD. The
generator must label its containment
buildings with the words ‘‘Hazardous
Waste’’ in a conspicuous place easily
visible to employees, visitors,
emergency responders, waste handlers,
or other persons on site and also in a
conspicuous place provide 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); hazard
communication consistent with the
Department of Transportation
requirements at 49 CFR part 172,
subpart E (labeling) or subpart F
(placarding); a hazard statement or
pictogram consistent with the
Occupational Safety and Health
Administration Hazard Communication
Standard at 29 CFR 1910.1200; or a
chemical hazard label consistent with
the National Fire Protection Association
code 704). The generator must also
maintain:
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*
(8) * * *
(iv) * * *
(A) Whenever hazardous waste is
being poured, mixed, spread, or
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Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Rules and Regulations
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 (b)(8)(ii) of this section.
(B) In the event there is just one
employee on the premises while the
facility 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 (b)(8)(ii) of this section.
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■ 28. Section 262.17 is amended by
revising the introductory text and
paragraphs (a)(2), (a)(7)(i)(A),
(a)(8)(iii)(A)(4), (b), (c) introductory text,
(d), (e), and (f) introductory text to read
as follows:
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§ 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
requirements of parts 124, 264 through
267, and 270 of this chapter, or the
notification requirements of section
3010 of RCRA for treatment, storage,
and disposal facilities, provided that all
of the following conditions for
exemption are met:
*
*
*
*
*
(a) * * *
(2) Accumulation of hazardous waste
in tanks. If the waste is placed in tanks,
the large quantity generator must
comply with the applicable
requirements of subpart J (except
§§ 265.197(c) and 265.200 of this
subchapter) as well as the applicable
requirements of 40 CFR part 265,
subparts AA through CC.
*
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(7) * * *
(i)(A) Facility personnel must
successfully complete a program of
classroom instruction, online training
(e.g., computer-based or electronic), 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)(C) of
this section.
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*
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(8) * * *
(iii) * * *
(A) * * *
(4) If the generator demonstrates that
any contaminated soils and wastes
cannot be practicably removed or
decontaminated as required in
paragraph (a)(8)(iii)(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 subchapter). 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 40 CFR part 265, subparts
G and H.
*
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*
*
(b) Accumulation time limit
extension. A large quantity generator
who accumulates hazardous waste for
more than 90 days is subject to the
requirements of 40 CFR parts 124, 264
through 268, and part 270 of this
chapter, and the notification
requirements of section 3010 of RCRA
for treatment, storage, and disposal
facilities, 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 being subject to parts 124,
264 through 267, and 270 of this
chapter, and the notification
requirements of section 3010 of RCRA
for treatment, storage, and disposal
facilities, provided that it complies with
all of the following additional
conditions for exemption:
*
*
*
*
*
(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
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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 being
subject to parts 124, 264 through 267,
and 270 of this chapter, and the
notification requirements of section
3010 of RCRA for treatment, storage,
and disposal facilities, 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 124, 264, 265, 267, and 270, and
the notification requirements of section
3010 of RCRA for treatment, storage,
and disposal facilities, 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) Consolidation of hazardous waste
received from very small quantity
generators. Large quantity generators
may accumulate on site hazardous
waste received from very small quantity
generators under control of the same
person (as defined in § 260.10 of this
subchapter), without a storage permit or
interim status and without complying
with the requirements of parts 124, 264
through 268, and 270 of this chapter,
and the notification requirements of
section 3010 of RCRA for treatment,
storage, and disposal facilities, 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,
whether by the ownership of stock,
voting rights, or otherwise, except that
contractors who operate generator
facilities on behalf of a different person
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pharmaceuticals is not required to list
all applicable EPA hazardous waste
numbers (i.e., hazardous waste codes) in
Item 13 of EPA Form 8700–22.
*
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*
shall not be deemed to ‘‘control’’ such
generators.
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■ 34. Section 262.232 is amended by
revising the paragraphs (a)(5), (b)(4)
introductory text, and (b)(4)(ii)(C) to
read as follows:
[FR Doc. 2023–26750 Filed 12–5–23; 8:45 am]
BILLING CODE 6560–50–P
§ 262.232 Conditions for a generator
managing hazardous waste from an
episodic event.
(a) * * *
(5) The very small quantity generator
must comply with the hazardous waste
manifest provisions of subpart B of this
part and the recordkeeping provisions
for small quantity generators in § 262.44
when it sends its episodic event
hazardous waste off site to a designated
facility, as defined in § 260.10 of this
subchapter.
*
*
*
*
*
(b) * * *
(4) Accumulation by small quantity
generators. A small quantity generator is
prohibited from accumulating
hazardous wastes generated from an
episodic event on drip pads and in
containment buildings. When
accumulating hazardous waste
generated from an episodic event in
containers and tanks, the following
conditions apply:
*
*
*
*
*
(ii) * * *
(C) Use inventory logs, monitoring
equipment or other records to identify
the date upon which each episodic
event begins; and
*
*
*
*
*
■ 55. Section 266.508 is amended by
revising paragraphs (a)(1)(iii)(C) and
(a)(2)(i) to read as follows:
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§ 266.508 Shipping non-creditable
hazardous waste pharmaceuticals from a
healthcare facility of evaluated hazardous
waste pharmaceuticals from a reverse
distributor.
(a) * * *
(1) * * *
(iii) * * *
(C) Lab packs that will be incinerated
in compliance with § 268.42(c) of this
subchapter are not required to be
marked with EPA hazardous waste
numbers (i.e., hazardous waste codes),
except D004, D005, D006, D007, D008,
D010, and D011, where applicable. A
nationally recognized electronic system,
such as bar coding or radio frequency
identification tag, may be used to
identify the applicable EPA hazardous
waste numbers (i.e., hazardous waste
codes).
*
*
*
*
*
(2) * * *
(i) A healthcare facility shipping
noncreditable hazardous waste
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 430 and 435
Office of the Secretary
45 CFR Part 16
[CMS–2447–IFC]
RIN 0938–AV26
Medicaid; CMS Enforcement of State
Compliance With Reporting and
Federal Medicaid Renewal
Requirements Under Section 1902(tt)
of the Social Security Act
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Interim final rule with comment
period.
AGENCY:
This interim final rule with
request for comments (IFC) implements
reporting requirements and enforcement
authorities in the Social Security Act
(the Act) that were added by the
Consolidated Appropriations Act, 2023
(CAA, 2023). CMS will use these new
enforcement authorities as described in
this rule if States fail to comply with the
new reporting requirements added by
the CAA, 2023 or with Federal Medicaid
eligibility redetermination requirements
during a timeframe that is generally
aligned with the period when States are
restoring eligibility and enrollment
operations following the end of the
Medicaid continuous enrollment
condition under the Families First
Coronavirus Response Act (FFCRA).
The new enforcement authorities
include requiring States to submit a
corrective action plan, suspending
disenrollments from Medicaid for
procedural reasons, and imposing civil
money penalties (CMPs). They also
include applying a reduction to the
State-specific Federal Medical
Assistance Percentage (FMAP) for
failure to meet reporting requirements.
DATES: These regulations are effective
on December 6, 2023.
Comment date: To be assured
consideration, comments must be
SUMMARY:
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84713
received at one of the addresses
provided below, by February 2, 2024.
In commenting, please refer
to file code CMS–2447–IFC.
Comments, including mass comment
submissions, must be submitted in one
of the following three ways (please
choose only one of the ways listed):
1. Electronically. You may submit
electronic comments on this regulation
to https://www.regulations.gov. Follow
the ‘‘Submit a comment’’ instructions.
2. By regular mail. You may mail
written comments to the following
address ONLY: Centers for Medicare &
Medicaid Services, Department of
Health and Human Services, Attention:
CMS–2447–IFC, P.O. Box 8016,
Baltimore, MD 21244–8016.
Please allow sufficient time for mailed
comments to be received before the
close of the comment period.
3. By express or overnight mail. You
may send written comments to the
following address ONLY: Centers for
Medicare & Medicaid Services,
Department of Health and Human
Services, Attention: CMS–2447–IFC,
Mail Stop C4–26–05, 7500 Security
Boulevard, Baltimore, MD 21244–1850.
For information on viewing public
comments, see the beginning of the
SUPPLEMENTARY INFORMATION section.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Abby Kahn, (410) 786–4321,
Abigail.Kahn@cms.hhs.gov, or Anna
Bonelli, (443) 615–1268, Anna.Bonelli@
cms.hhs.gov.
SUPPLEMENTARY INFORMATION:
Inspection of Public Comments: All
comments received before the close of
the comment period are available for
viewing by the public, including any
personally identifiable or confidential
business information that is included in
a comment. We post all comments
received before the close of the
comment period on the following
website as soon as possible after they
have been received: https://
www.regulations.gov. Follow the search
instructions on that website to view
public comments. CMS will not post on
Regulations.gov public comments that
make threats to individuals or
institutions or suggest that the
commenter will take actions to harm an
individual. CMS continues to encourage
individuals not to submit duplicative
comments. We will post acceptable
comments from multiple unique
commenters even if the content is
identical or nearly identical to other
comments.
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]]>Agencies
[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Rules and Regulations]
[Pages 84710-84713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26750]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 261, 262, and 266
[EPA-HQ-OLEM-2023-0081; FRL 8687-03-OLEM]
RIN 2050-AH23
Hazardous Waste Generator Improvements Rule, the Hazardous Waste
Pharmaceuticals Rule, and the Definition of Solid Waste Rule; Technical
Corrections
AGENCY: Environmental Protection Agency (EPA).
ACTION: Partial withdrawal of direct final rule.
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SUMMARY: Because the EPA received adverse comment on eight amendments
in the direct final rule published on August 9, 2023, we are
withdrawing amendments to specific provisions through correction to the
direct final rule.
DATES: This correction is effective December 7, 2023.
FOR FURTHER INFORMATION CONTACT: Brian Knieser, U.S. Environmental
Protection Agency, Office of Resource Conservation and Recovery, (MC:
5304T), 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 566-
0516, ([email protected]) or Kathy Lett, U.S. Environmental
Protection Agency, Office of Resource Conservation and Recovery, (MC:
5304T), 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 566-
0517, ([email protected]).
SUPPLEMENTARY INFORMATION: Because the EPA received adverse comment on
specific amendments, through this correction, we are withdrawing only
those specific amendments from the direct final rule, Hazardous Waste
Generator Improvements Rule, the Hazardous Waste Pharmaceuticals Rule,
and the Definition of Solid Waste Rule; Technical Corrections,
published on August 9, 2023 (88 FR 54086). We stated in that direct
final rule that if we received adverse comment by the close of the
comment period on October 10, 2023, the specific amendments in the
direct final rule that are the subject of adverse comment would not
take effect, and we would publish a timely withdrawal in the Federal
Register. Because the EPA subsequently received adverse comment on
eight amendments in that direct final rule, we are withdrawing only the
eight affected amendments. All other amendments in that direct final
rule will go into effect on the effective date (December 7, 2023). The
eight specific amendments that are being withdrawn are:
1. Section 261.4(e)(1) introductory text related to sample waste
generated or collected for the purpose of conducting treatability
studies.
2. Section 262.11(d) introductory text related to identifying
hazardous characteristics for listed hazardous wastes when the
characteristic is already addressed by the listing.
3. Section 262.11(g) related to identifying hazardous
characteristics for listed hazardous wastes when the characteristic is
already addressed by the listing.
4. Section 262.16(b)(1) related to the accumulation limit for small
quantity generators generating acute hazardous waste.
5. Section 262.17(a)(8)(i) introductory text related to LQG closure
notification when closing a waste accumulation unit but not the whole
facility.
6. Section 262.17(a)(8)(i)(A) related to LQG closure notification
when closing a waste accumulation unit but not the whole facility.
7. Section 262.232(b)(6)(iv) related to adding ``RCRA-'' to the
term ``designated facility'' to match the language of parallel
provisions in this section.
8. Section 266.508(a)(2)(ii) related to allowing applicable EPA
hazardous waste numbers (also known as waste codes) in addition to the
required PHARMS code in item 13 of the hazardous waste manifest for
shipments of hazardous waste pharmaceuticals from a healthcare facility
subject to 40 CFR part 266 subpart P. We are also withdrawing language
from this provision that allows the use of PHRM in lieu of PHARMS in
item 13 of the hazardous waste manifest.
Except for the amendment to Sec. 262.11 at instruction 25, which
is withdrawn in full, because the provisions we are withdrawing appear
in amendatory instructions affecting other provisions, we are
correcting the corresponding amendments in full minus those provisions
withdrawn.
The EPA published a parallel proposed rule on the same day as the
direct final rule. The proposed rule invited comment on the substance
of the direct final rule. We will address those comments in any
subsequent final action, which will be based on the parallel proposed
rule also published on
[[Page 84711]]
August 9, 2023. As stated in the direct final rule and the parallel
proposed rule, we will not institute a second comment period on this
action.
List of Subjects
40 CFR Part 261
Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Hazardous
waste, Intergovernmental relations, Licensing and registration,
Reporting and recordkeeping requirements.
40 CFR Part 262
Environmental protection, Exports, Hazardous materials
transportation, Hazardous waste, Imports, Labeling, Packaging and
containers, Reporting and recordkeeping requirements.
40 CFR Part 266
Environmental protection, Energy, Hazardous waste, Recycling,
Reporting and recordkeeping requirements.
Michael S. Regan,
Administrator.
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For the reasons stated above, EPA is withdrawing amendments in the
direct final rule published August 9, 2023, at 88 FR 54086, by making
the following corrections:
Correction
0
In FR Rule Doc. No. 2023-14731, published August 9, 2023, at 88 FR
54086, make the following corrections:
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1. On page 54109, in the first column, amendatory instruction 25
amending Sec. 262.11 is removed.
0
2. Beginning on page 54100 and ending on page 54114, correct amendatory
instructions 5 (Sec. 261.4), 27 (Sec. 262.16), 28 (Sec. 262.17), 34
(Sec. 262.232), and 55 (Sec. 266.508) to read as follows:
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5. Section 261.4 is amended by revising paragraphs (a)(25)(i)(I),
(a)(25)(vi) and (vii), and (a)(25)(xi)(D) to read as follows:
Sec. 261.4 Exclusions.
(a) * * *
(25) * * *
(i) * * *
(I) The name of any countries of transit through which the
hazardous secondary material will be sent and a description of the
approximate length of time it will remain in such countries and the
nature of its handling while there (for purposes of this section, the
terms ``EPA Acknowledgment of Consent'', ``country of import'' and
``country of transit'' are used as defined in 40 CFR 262.81 with the
exception that the terms in this section refer to hazardous secondary
materials, rather than hazardous waste):
* * * * *
(vi) The export of hazardous secondary material under this
paragraph (a)(25) is prohibited unless the hazardous secondary material
generator receives from EPA an EPA Acknowledgment of Consent
documenting the consent of the country of import to the receipt of the
hazardous secondary material. Where the country of import objects to
receipt of the hazardous secondary material or withdraws a prior
consent, EPA will notify the hazardous secondary material generator in
writing. EPA will also notify the hazardous secondary material
generator of any responses from countries of transit.
(vii) Prior to each shipment, the hazardous secondary material
generator or a U.S. authorized agent must:
(A) Submit Electronic Export Information (EEI) for each shipment to
the Automated Export System (AES) or its successor system, under the
International Trade Data System (ITDS) platform, in accordance with 15
CFR 30.4(b).
(B) Include the following items in the EEI, along with the other
information required under 15 CFR 30.6:
(1) EPA license code;
(2) Commodity classification code per 15 CFR 30.6(a)(12);
(3) EPA consent number;
(4) Country of ultimate destination per 15 CFR 30.6(a)(5);
(5) Date of export per 15 CFR 30.6(a)(2);
(6) Quantity of waste in shipment and units for reported quantity,
if required reporting units established by value for the reported
commodity classification number are in units of weight or volume per 15
CFR 30.6(a)(15); or
(7) EPA net quantity reported in units of kilograms, if required
reporting units established by value for the reported commodity
classification number are not in units of weight or volume.
* * * * *
(xi) * * *
(D) By reclaimer and intermediate facility, for each hazardous
secondary material exported, a description of the hazardous secondary
material and the EPA hazardous waste number that would apply if the
hazardous secondary material was managed as hazardous waste, the DOT
hazard class, the name and U.S. EPA ID number (where applicable) for
each transporter used, the consent number(s) under which the hazardous
secondary material was shipped and for each consent number, the total
amount of hazardous secondary material shipped and the number of
shipments exported during the calendar year covered by the report;
* * * * *
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27. Section 262.16 is amended by revising the introductory text and
paragraphs (b) introductory text, (b)(5) introductory text, and
(b)(8)(iv)(A) and (B) to read as follows:
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
requirements of parts 124, 264 through 267, and 270 of this chapter, or
the notification requirements of section 3010 of RCRA for treatment,
storage, and disposal facilities, provided that all the conditions for
exemption listed in this section are met:
* * * * *
(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), (d), and (e) of
this section. The following accumulation conditions also apply:
* * * * *
(5) Accumulation of hazardous waste in containment buildings. If
the waste is placed in containment buildings, the small quantity
generator must comply with 40 CFR part 265 subpart DD. The generator
must label its containment buildings with the words ``Hazardous Waste''
in a conspicuous place easily visible to employees, visitors, emergency
responders, waste handlers, or other persons on site and also in a
conspicuous place provide 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);
hazard communication consistent with the Department of Transportation
requirements at 49 CFR part 172, subpart E (labeling) or subpart F
(placarding); a hazard statement or pictogram consistent with the
Occupational Safety and Health Administration Hazard Communication
Standard at 29 CFR 1910.1200; or a chemical hazard label consistent
with the National Fire Protection Association code 704). The generator
must also maintain:
* * * * *
(8) * * *
(iv) * * *
(A) Whenever hazardous waste is being poured, mixed, spread, or
[[Page 84712]]
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 (b)(8)(ii) of this section.
(B) In the event there is just one employee on the premises while
the facility 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 (b)(8)(ii) of this
section.
* * * * *
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28. Section 262.17 is amended by revising the introductory text and
paragraphs (a)(2), (a)(7)(i)(A), (a)(8)(iii)(A)(4), (b), (c)
introductory text, (d), (e), and (f) introductory text to read as
follows:
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
requirements of parts 124, 264 through 267, and 270 of this chapter, or
the notification requirements of section 3010 of RCRA for treatment,
storage, and disposal facilities, provided that all of the following
conditions for exemption are met:
* * * * *
(a) * * *
(2) Accumulation of hazardous waste in tanks. If the waste is
placed in tanks, the large quantity generator must comply with the
applicable requirements of subpart J (except Sec. Sec. 265.197(c) and
265.200 of this subchapter) as well as the applicable requirements of
40 CFR part 265, subparts AA through CC.
* * * * *
(7) * * *
(i)(A) Facility personnel must successfully complete a program of
classroom instruction, online training (e.g., computer-based or
electronic), 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)(C) of this section.
* * * * *
(8) * * *
(iii) * * *
(A) * * *
(4) If the generator demonstrates that any contaminated soils and
wastes cannot be practicably removed or decontaminated as required in
paragraph (a)(8)(iii)(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 (Sec. 265.310 of this subchapter). 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 40 CFR part 265, subparts G and H.
* * * * *
(b) Accumulation time limit extension. A large quantity generator
who accumulates hazardous waste for more than 90 days is subject to the
requirements of 40 CFR parts 124, 264 through 268, and part 270 of this
chapter, and the notification requirements of section 3010 of RCRA for
treatment, storage, and disposal facilities, 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 being subject to parts 124, 264 through 267,
and 270 of this chapter, and the notification requirements of section
3010 of RCRA for treatment, storage, and disposal facilities, provided
that it complies with all of the following additional conditions for
exemption:
* * * * *
(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 being subject to parts 124,
264 through 267, and 270 of this chapter, and the notification
requirements of section 3010 of RCRA for treatment, storage, and
disposal facilities, 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 124, 264, 265, 267, and 270, and the
notification requirements of section 3010 of RCRA for treatment,
storage, and disposal facilities, 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) Consolidation of hazardous waste received from very small
quantity generators. Large quantity generators may accumulate on site
hazardous waste received from very small quantity generators under
control of the same person (as defined in Sec. 260.10 of this
subchapter), without a storage permit or interim status and without
complying with the requirements of parts 124, 264 through 268, and 270
of this chapter, and the notification requirements of section 3010 of
RCRA for treatment, storage, and disposal facilities, 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, whether by the ownership of stock, voting rights, or
otherwise, except that contractors who operate generator facilities on
behalf of a different person
[[Page 84713]]
shall not be deemed to ``control'' such generators.
* * * * *
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34. Section 262.232 is amended by revising the paragraphs (a)(5),
(b)(4) introductory text, and (b)(4)(ii)(C) to read as follows:
Sec. 262.232 Conditions for a generator managing hazardous waste from
an episodic event.
(a) * * *
(5) The very small quantity generator must comply with the
hazardous waste manifest provisions of subpart B of this part and the
recordkeeping provisions for small quantity generators in Sec. 262.44
when it sends its episodic event hazardous waste off site to a
designated facility, as defined in Sec. 260.10 of this subchapter.
* * * * *
(b) * * *
(4) Accumulation by small quantity generators. A small quantity
generator is prohibited from accumulating hazardous wastes generated
from an episodic event on drip pads and in containment buildings. When
accumulating hazardous waste generated from an episodic event in
containers and tanks, the following conditions apply:
* * * * *
(ii) * * *
(C) Use inventory logs, monitoring equipment or other records to
identify the date upon which each episodic event begins; and
* * * * *
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55. Section 266.508 is amended by revising paragraphs (a)(1)(iii)(C)
and (a)(2)(i) to read as follows:
Sec. 266.508 Shipping non-creditable hazardous waste pharmaceuticals
from a healthcare facility of evaluated hazardous waste pharmaceuticals
from a reverse distributor.
(a) * * *
(1) * * *
(iii) * * *
(C) Lab packs that will be incinerated in compliance with Sec.
268.42(c) of this subchapter are not required to be marked with EPA
hazardous waste numbers (i.e., hazardous waste codes), except D004,
D005, D006, D007, D008, D010, and D011, where applicable. A nationally
recognized electronic system, such as bar coding or radio frequency
identification tag, may be used to identify the applicable EPA
hazardous waste numbers (i.e., hazardous waste codes).
* * * * *
(2) * * *
(i) A healthcare facility shipping noncreditable hazardous waste
pharmaceuticals is not required to list all applicable EPA hazardous
waste numbers (i.e., hazardous waste codes) in Item 13 of EPA Form
8700-22.
* * * * *
[FR Doc. 2023-26750 Filed 12-5-23; 8:45 am]
BILLING CODE 6560-50-P
