1'
Thursday
February 11,1993
Environmehtal
Protection Agency
40 CFR Parts 260 et al.
Hazardous Waste Management System;
Modification of the Hazardous Waste
Recycling Regulatory Program; Proposed
Rule • , ' . : : : • • ,:V-- ;.''•- - •:
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8102 . Federal Register / Vol. 58, No. 27 / Thursday, February 11, 1993 /Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR P*rt» 260,261,262,264,265,
268,270, and 273
IFRL-3982-3]
FUN 2050-ADte
Hazardous Waste Management
Syatam; Modification of the Hazardous
Waste Recycling Regulatory Program
AGENCY: Environmental Protection
Agency.
ACTION: Proposed rule.
SUMMARY: The Environmental Protection
Agency {EPA) is taking the first steps of
-an initiative designed to remove
unneoded regulatory impediments to
the safe and efficient management of
hazardous wastes, Theso actions
proposed are part of a long term effort
to ensure that hazardous wastes are
managed safely, without unnecessary
regulation.
EPA is proposing a program under
which certain widespread post-user
items that are hazardous wastes (e.g.,
certain batteries and pesticides that are
hazardous wastes) would be collected ,
under greatly streamlined requirements,
to facilitate separation of these materials
from the municipal waste stream and to
encourage proper treatment and/or
recycling.
DATES: Comments on this proposed rule
must be submitted on or before April 12,
1993.
ADDRESSES: Persons who,wish to,
comment on this notice must provide an
original and two copies of their
comments, include the docket number
(F-93-SCSP~FFFFF), and send them to
EPA RCRA Docket (OS-305), U.S. EPA,
401M Street SW., Washington, DC
20400. The RCRA Docket is located at
room M2427, U.S. Environmental
Protection Agency, 401M Street SW.,
Washington, DC 20460. The docket is
open from 9 a.m. to 4 p.m., Monday
through Friday, excluding Federal
holidays. To review docket materials,
the public must make an appointment ,
by calling (202) 260-9327. The public
may copy a maximum of 100 pages from
any regulatory docket at no cost
Additional copies cost $0,15 per page.
FOR FURTHER INFORMATION CONTACT: For
general information, contact the RCRA/
Suporfund Hotline toll'free at (800) 424-
9346. In the Washington, DC
metropolitan area, call (703) 412-9810.
For information regarding specific
aspects of this notice, contact Charlotte -
Mooney, Office of Solid Waste (OS-
332), U.S. EPA, 401M Street SW.,
Washington, DC 20460, telephone (2021
260-6926.
SUPPLEMENTARY INFORMATION;
Outline of Today's Notice
!. Background
A. Changing Awareness of Product Life
Cycles
B. RCRA Subtitle C Hazardous Waste
Program
C. RCRA Implementation Study
D. Hazardous Waste Recycling Forum . _ ; '
Meetings '.'..'
E. Overview of Special Collection System
, F. Special Collection System Program
.' Goals > ;, .; . •/. .'. '. • '
1, Encouraging Resource Conservation
2. Improving Implementation of the
Hazardous Waste Program
3. Separation From the Municipal Waste
Stream ;
II. Detailed Discussion of Proposed Special
• Collection System Regulations
A. Overview of Proposed Regulations
B. Scope
. 1. Recycling versus Recycling or
i Disposal — Option 1: Recycling Only;
Option 2: Recycling or Disposal; Option
3: Hybrid of Options 1 and 2
?. Types of Wastes Subject to Special
* " Collection System Regulations
3. Conditionally Exempt Small Quantity
Generator Waste
4. Excluded Household Hazardous Waste
C, Proposed Waste Management
Requirements ' , •
' 1. Applicability of Part .273 Regulations t
a. Subpart B — -Batteries that are Hazardous
Wastes ' ' ..':' '. -
b. Subpart C— ^Suspended and/or Canceled
- - Pesticides that are Recalled
, , 2. Generator Requirements
6. Waste Generation •
b. Condition of Wastes ; . •
c. Storage .
d. Notification
e. Prohibitions * ' • -
!, Waste Management •-.... ,;
. g. Exports . . ,
h. Other Generator Requirements Under
Consideration . , • . : _ •
3. Transporter Requirements • -.
4. Consolidation Point Requirements
a. Specific Requirements for Consolidation
'" "
:
, b. Other Consolidation Point Requirements
Under Consideration' „ ,, .'. .'
5. Destination Facility Requirements •;.',
6. Exports ! ";,'.' ('
7. Land Disposal Restrictions
8. Release Response
9. Related Regulatory Changes
HI. State Authority
A. Applicability of Rules in Authorized .',
States /'
B. Effect on State Authorization ;
IV. Executive Order No. 12291— Regulatory
' Impacts , '•:...,.-..
V. Paperwork Reduction Act ' ' • . •*•' "
VI. Regulatory Flexibility Act . ' - "'.
I. Background
-A Changing Awareness of Product Life
. Cycles . ' ' . . ....'.-• -'.-'•'
In recent years, there has, been a . • ;
significant shift in public perceptions of
waste management'issues. Whereas in
previous:decades the most significant
. waste management problems were ' .
perceived to be associated with
industrial and manufacturing processes,'
there is increasing awareness that many
everyday activities may collectively •
cause significant environmental '
impacts. These' impacts may be more
diffuse :and less-easily 'traced to a single
cause or source than impacts that are
...cletoly the result of a single industrial
source or group of industrial sources.
In some cases, public awareness is
raised through direct economic impacts
on individuals. One example is : - '
localized shortages of municipal landfill
capacity, which translates directly into
higher landfill disposal ec-sts for citizens
in those.localities, As a result, "
municipalities are increasingly adopting
waste management practices that
minimize the quantity of-waste that is
landfilled. Some municipalities choose
municipal waste; combustion, which
reduces the quantity -of waste that must •
ultimately belandfilled; others rely in :»
some measure on community recycling
programs to1 divert materials from the , ••,
disposalAvastestream. 'Still others, .
choose a combination of municipal
waste combustion and recycling .
progranis.'' . ' '.. ; ' ..• . •--. '• ','./.-
There is another reason fot increasing.,
public awareness, generally at-the local
government level, of the toxic, '.-. .
constituents present in common items
in the municipal wastestream. That
reason is the large numbers of
municipal landfills on the National '
Priorities List, targeted for cleanup
under the federal Comprehensive •-.
Environmental Response, , '
Compensation, and Liability Act 1
(CERCLA, also known: as Superfundj.
The costs associated with CERC1A <
cleanups aire a prime reason local
officials are becoming Increasingly •
conceriied about toxic constituents ' ,
, p'reseiit in'the municipal wastestream^ .
• Finally, articles in me print media
'• and reports in the electronic media that
describeithe downstream impacts "•
occurring after a consumer item's use
have increased individual citizens' :-•
awareness of the link between their use
of consumer goods and the presence of
toxic constituents in the municipal '
wastestream. (It is useful to think about
rthe product's1 "life cycle," i.e., the
beginning of its h'fe'.when it leaves the
place'of manufacturing, its:distributibn
down through retailers (typically) to the
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Federal Register / Vol.. 58, No. 27>/ Thursday; February 11, 199? / Proposed Rules 3ai03
. individual user, then its use phase, and
finally the phase when it is present in
the waste stream.) " :~'.•:.'•'••. •
This increased awareness of the
possibility of toxic constituents leaching
from municipal landfills into soil and
groundwater aquifers has focussed
attention on the toxic eoristitueiits
present in everyday items that we,
dispose of in the municipal waste •--.•'.•.
stream. Thiare have been a wide variety
of responses to this emerging issue, at a
number of levels. Manufacturers,
retailers, state legislatures, local
governments, and individual citizens
are all taking various actions; to try to
reduce the loading of toxic constituents
'•• in the nation's municipal waste stream.
One approach taken by manufacturers
of certain items has been to try to reduce^
the amounts of toxic constituents :
present in the items themselves (a ,
"source reduction" or "toxic use:
reduction" approach). In some cases,
thi^.approach is technically and
economically feasible. However; while
the items with lower tbxic.coristituent
content are moving into wide
distribution and use, the older items
with higher levels of toxic constituents
are often stjll present in the waste
stream^ "'\'-.; ' '-'''.'.' ' '•-- . /:";' '• : •/
Another approach, taken by •"•
municipalities, is to try to keep the
wastes out of the regular municipal
waste stream by putting on special
collection programs, targeting hazardous
wastes generated in households or small
businesses. These municipalities
generally try to recycle the collected
material rather than dispose of it, to the
extent possible. _The remairiingr
hazardous wastes are generally managed
as if they .were fully regulatedt Hazardous
wastes (i.ei, sent to a special' facility ,
meeting the federal requirementsfor.
managing hazardous wastes).
There Has also been an emerging trend
on the part of state legislatures tp enact ;
/ state laws encouraging or requiring
manufacturers; and retailers of. certain
products to become inyoive|L.durihg; the
"wastestream" phase of their products'
Ufe cycle, m some states, concerns over
metals (such as lead and cadmium) in
widely used goods (such as batteries)
have resulted instate legislation placing
the responsibility for disposal-of these
goods on the.originaljaaanufaetiirers.
For those^qonsumerpRjduets that are'
legally classified as "hazardous wastes'*
Pfor the part .of thefr ELfe cycle when: they
are wastes, there is a federal law,.
governing their manageinenf aa
hazardous wastes. This law, the ;
, Resource Conservation and Recovery . ,
Act (RCRA}, regulates hazardous wastes:
, when.tjiey aremanaged;%fte original \
producers pJTthewaste("generators^ .
and by those parties handling the wastes
throughout the wastestream phase of the
product's Ufe cycle. The federal >
hazardous waste program that is
authorized by RCRA's Subtitle Q
explicitly places the responsibility for
initial management of hazardous wastes
on the generator of those waste's, and :
places the responsibility for later
management on those parties handling
the waste at the later stages..
Thus, when state laws are enacted
that shift file responsibility for
managing hazardous wastes away from
the individuals who generated the
wastes, over toward manufacturers,, x
wholesalers, or retailers.-there are
inherent conflicts between the federal
RCRA hazardous waste program and :
those emergingstate laws.1 EPA has. '
tentatively concluded that RCRA has an
existing regulatory structure that may :
not be appropriate for some hazardous
wastes. Today's proposal is an attempt
>.tp mesh the relatively recent trends in ,
municipal solid waste (and pesticide,
• waste) management practices with the
statutory requirements imposed by
RCRA subtitled -,' :
BiBCRA Subtitle C HazardousWaste
Pragmin •
Under Subtitle C of the Resource
Conservation and Recovery Act, on May
19,1980, EPA promulgated regtilations
setting forth the framework of the
nation's hazardous waste management
program(45FR33066).These '":
regulations included requirements for
hazardous waste generators,
transporters, and owners:and^^ operators
of treatment, storage, and disposal
facilities (TSDs). Since 1980, a number
of changes and additions have .been r.
made to these rules, resulting in the -.'
current RCRA subtitle C hazardous
waste management regulatory program;
The structure of the RCRA hazairdous - :
wasta^rogram places very similar
responsibiHties on alt hazardous waste .
generators, regardless of the size'or type
of the business or organization ,
generating the waste. This point is
discussed further below.
In 1980, when promulgating the
original set of RCRA hazardous waste
management requirements, EPA had not
yet listed or identified any wastes as
hazardous. With the first listings, and
:the first characteristics that identified
'. wastes as hazardous, EPA set the scope "
of the regulations at wastes generated
primarily in manufacturing settings for,
to a certain extent, to commercial or '
'Note that similar conflicts aadrt with respect to '
"state-laws on municipal or county-run "collectiots
programs" that accept hazardous wastes from
businesses, or that accept hazardous waste
pesticides from farmers^
agricultural settings). EPA. recognized , .
that the hazardous wastes listed and
identified in 198O were generated by an
enormous number of parties in
extremely diverse settings. '- '
As described in 45 FR 33102, MaylS,
: 1980, EPA estimated the total number of
generators at 76O,OOO, with a small J
fraction—Just over 5 percent— V
responsible for the overwhelming •'•'' ••'•
majority of the hazardous waste. Most of.
these very large generators were in the .
manufacturing sector; the rest of the
generators, who generated only tiny,
amounts, by comparison, were scattered
across a diverse set of different
activities. In the interest of using
resources efficiently, andio concentrate
on regulating the small number of
generators who created the greatest
proportion of the hazardous .
wastestreamvJEPA used the approach o£ .
regulating generators based on the .-..- ••-,-
quantities that they generated per •..•• -•:
month. For most hazardous wastes, the }
standEard wassetatlQQOJdlogramspr: -Y
more generated per month." ' •• "•••.'•i-.^'•• .-'
However, to the 1984 amendments to:
RCRA, Congress diredadEPAtolpwer
the standard to 100 kilograms per ••:-: •.;.
month. Jo. 1986 EPA promulgated the
revised regulations that lowered the •: \
generation rate limits for most
hazardous wastes to 100 kilograms per
;month. The result was that numerous
hazardous waste generators from \
commercial, construction,; educational
retaiHng, special trades, agricultural,
gpvernmentalj and medical settings
became regulated to a much greater
extent than they had been previously. :
EPA modified the hazardous Waste ;
regulations,sh"ghtly to accommodate ."•'.' • i
some pf the different cireumstahces.' .;. '^
these smaller generators encpuntered$ :
butleft the '^uftementssubsta4t|aily', ;
. the same, ~' '.."'."^ ".^.^...' /'."-.', '-'•' '-f..':^' V'•!--' v.
Although thisapproach pan:t»'.!-/;;
viewed as |ul; equitAblia way to esyblisE:
responsibility for managing all ' "" '
hazardous wiastesV regardless of the .'-.'.
amounts generated, in practice it is
extremely difficult to implement. EPA
and state agencies have conducted (and:
continue to conduct) extensive outreach
and educational programs to try to - ''"
explain and implement the complex
hazardous waste regulatory
requirements to Jiis vast regulated
community. Until 1986, EPA could
target its explanations of the regulatory '
requirements to specific industry trade "
associations, and could tailor its
explanations to address a number of
typical manufacturing situations. ", " ' "|
1 far example, the requirementi for accumulating
hazardous waits in tai^ and the requirement to •"
file a biennial report - ,,
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8104
Federal Register / Vol. 58, No. 27 / Thursday, February 11, 1993 /Proposed Rules.
However, after 1986, there was a
tremendous increase in the variety of
settings in which regulated hazardous
waste generators were found. There are
very significant administrative efforts
involved in learning about the specific
circumstances of a waste's generation .
and initial management, in the
enormous variety of settings in which
hazardous wastes are generated.
EPA has. tentatively concluded that it
may be inappropriate to attempt to
impose the original, 1980 requirements
on generators and others who manage,
certain widely-dispensed hazardous
wastes. EPA's experience with
Implementing the water pollution
control program has been that it can be
easier to target and control "point
sources" with permits and other ,
administrative means, while "non-
point" sources can be far more difficult
to control with the traditional
"command and control" approach to
regulating pollutant releases. ,
Dno way of looking at the diverse
population of hazardous waste
generators who generate common waste .
items is to consider them to be
analogous to "non-point" sources of
water pollution—except that the
"pollutants" they release are contained
in the used consumer products. It may
be a far more realistic approach to ,
educate users about the "downstream"
impacts of their use of a particular
product. Users might choose not to use
the product, or could (in some cases)
alter their use of it in order to reduce or
eliminate the waste's generation.
However, in some cases consumers do
not have those options; structuring the
regulatory requirements for maximum
understanding and compliance by users
is likely to achieve a more desirable
result than leaving the regulations as
they currently exist Modifications to
the current regulatory requirements,
combined with a thoughtful outreach
strategy, are likely to be a more effective
moans of accomplishing this result.
Finally, EPA notes that one of the
objectives of RCRA is stated as a
national policy regarding the recovery of
materials, in preference to land disposal
of hazardous wastes (RCRA Section
1003)(a)):
Tho objectives of this Act ore to promote the
protection of health, [sic] and the
environment and to conserve valuable
material and energy resources by * * *
minimizing the generation of hazardous
waste and the land disposal of hazardous
waste by encouraging process substitution,
materials recovery, proporly conducted
recycling and reuse, and treatment • * •
Thus, to the extent that the approach
suggested in today's proposal would
support achieving the policy goals
stated in RCRA, there is a sound basis
for advancing the concept of special
collection systems. .
C. RCRA Implementation Study '-
In July 1990, EPA published the
results of its RCRA Implementation -
Study (RIS) entitled "The Nation's
Hazardous Waste Management Program
at a Crossroads" (EPA Publication
Number 20S-O001, available by calling
the RCRA/Superfund Hotline fisted
above in the FOR FURTHER INFORMATION
section of this Notice). The RIS
evaluated the current RCRA program,
gathering information from various EPA
'data bases, surveys, articles, and reports'
issued by Congress, the General
Accounting Office, and the Office of
Inspector General. During development
of the RIS, input was solicited from
environmental groups, industry,
Congressional staff, and current and
past State, EPA Regional and EPA
Headquarters staff.
Much of the input received regarding
the current hazardous waste program
focused, on the definition of solid waste
and RCRA's impact on hazardous waste
recycling. Hie modifications being
proposed today are, in part, intended to
address the concerns raised in the RIS
and to respond to the input received
from participants. The Agency expects
to propose other, significant
modifications to the current regulatory
framework in the future. "
D. Hazardous Waste Recycling Fordm
Meetings
As a follow-up to the RIS, the Agency
held a series of three forum meetings to
focus more specifically on the definition
of solid waste, hazardous waste
recycling, and changing the RCRA
program so that it would better promote
hazardous waste recycling while
ensuring that human health and the
environment are protected. The first
meeting was held with representatives
of the EPA Regional offices. Hie second
meeting'was held with representatives
of many State regulatory agencies. The
third meeting was held with
representatives of various trade
associations, industry groups,
environmental groups, other Federal
agencies, and Congressional staff.
, The comments made at these , ,
meetings were also considered in
developing this proposal. Although
many of the comments focused on long-
term changes necessary in the overall
hazardous waste program, the
discussions held at these forums also
led to the-concepts presented in today's
proposal: a change that could be
implemented in the short term and that
would improve the overall regulation of
environmentally protective hazardous
waste recycling..-. , • • : •.' ,'
E, Overview of Special Collection '•
System ' . " '' ' .
, The Agency is proposing a • -, •'•••'
streamlined, reduced regulatory scheme
for certain hazardous wastes (currently
, subject to full subtitle C regulation, in
an effort to facilitate their collection and
proper management. Generators of the
wastes addressed in today's proposal
would be able to manage the wastes
under these reduced requirements in
lieu of the full subtitle C requirements.
The; waste types that would be subject.
to this streamliiaed rijgulatory scheme
are generated in a wide variety of ;
settings, and are often post-consumer
items (e.g., certain used batteries that ,
exhibit a characteristic of hazardous
waste). Another identifying
characteristic of these waste types-
disparity in applicability of RCRA
subtitle C controls—iis a result of the
wide variety of types of sources that
Commonly generate the wastes, ranging
from households to small businesses to
major industrial operations. The
portions of these waste streams
generated by regulated hazardous waste
generators are fully regulated, as
hazardous waste; whereas what are
believed to be large portions of the same
waste streams are generated by exempt
households or'conditionally exempjt ;
small quantity generators, and thus'are .
not subject to RCRA subtitle G controls.
- EPArbelieves that simplifying arid ., •
streamlining the requirements
associated with collection and handling
of the regulated portions of these waste
Streams will encourage the development
. of more efficient and effective collection
systems. Such collection systems will,
in turn, facilitate collection of not only
the regulated portion of the'waste ••
stream; but also the unregulated portion
of Jie waste stream. The potential for
recyclingmaybeenhancedwhere.it
becomes economically efficient to do so.
Management standards for these •
"special, collection system" wastes,
which are. included in today's proposal •
in new part 273, are proposed for two
waste streams: hazardous waste
• batteries and certain recalled pesticides
that are hazardous wastes. • .
For a number of reasons, these wastes
are not readily amenable to full-scale
cradle-to-grave regulation (i.e., the
regulatory scheme set up under the
original 1980 regulations). Today's -,
proposal is designed to channel these
wastes into proper recycling and
management, without utilizing .the full-
scale regulatory scheme that, by -.'-.-
. comparison, may less successfully
promote proper management.
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/ Vol. ^ 8lb§
Potentiailyt EPA couldi include other ,
appropriate hazardous wastes in the
final regulation. - : '
The part 273 regulations, as proposed
today, provide a conditional exemption
from full subtitle C regulAtf0;tt;forcertain'
hazardous wastes that are oirrently .
fully regulated under subtitle C. The;
. proposed coHditions are desired to
'" ensure that management of these wastes.
is'conducted in a manner thaf is ,
protective of human healtli and the
environment, given the diffuse anct
diversepopulation of generators. There
are new, special requirements that
would apply to generators, transporters,
and owners and operators of
consolidation points, while owners and
operators of treatment, storage, recycling
and disposal facilities that receive these
Wastes would continue under the .
currentre,qui;rementsV-!"," ,-;:'•''•'•--- .
F. Special Collection System Program
Goals : '. '•-'• •-'.',. -T'.-•;.',,".,.'.,--" .'.',;;.... •
Hazardous wastes which may be
affected by today's proposal (or inayM
included in the speciarcoHectibri
• system regulations in the future} are
called "universal" wastes.in today's '
notice. We have chosen this name
merely as a descriptive temif it has nOs,
specific regulatory meaning. However,
we believe it is an appropriate phrase to
describe the nature of these wastes,
which have a number of common'
characteristics; ; ' • , •
* These wastes are frequently . :
generated in a wide variety of settings
other than the industrial settings usually
associated with hazardous wastes; ,
» TJiey are-generated by a vast
conimunity, &e size pf which poses
implementation difficulties for both
those who are regulated and the"
regulatory agencies charged with '"'
implementing 'the hazardous vraste • ."''
prograrp;and : ; ' ' '
"-.-. • These wastes may be present in; *
significant volumes in the municipal
• waste stream. : -.'•"; '.'_ .«;• '-'•'[ '.•'• -;.'--•'• -:.
EPA is today proposing-a,set of '
special requir,emehts fpr universal "
hazardous wastes, which are designed
to accomplish three general goals. The
; first goal is to encourage resource , :: '
conservation, while ensuring adequate
protection of human health and the
environment. The second broad goal is
to improve implementation of the
current subtitle C hazardous waste
regulatory program. Third, by . /. - .* •• :
simplifying the requirements and
encouraging collection of these ;i:l.^,, J
hazardous wastes, BPAJhbpes to provide
incentives for'individuals'an'd ( :
organizations to collect (he unregulated
portions' of these universal waste .,.',;". (
streams (e.g., from households) and •
manage them using the same systems:
developed for the regulated portion,
thereby removing these wastes from the
municipal waste stream and minimising
their input of hazardous constituents to
municipal landfills, corhbustors, and
composting projects. Each of these goals,
is discussed below*. ••' ^ .= ~-'\- - v'~
1. Encouraging Resource Conservation
The regulations proposed tpday are
designed to encourage recycling of .
universal hazardous wastes. One of ;
RCRA's objectives ia to "conserve
valuable material and energy resources"
(RCRA section 1003{a». Conservation bf
materials, for example, metals present in
some of the universal hazardous wastes,"
is impprtantiiot only ia RCRA but to the
U.S. economy ;in general. Frequently^ it
is more efficient to recover materials
from wastes, rather than tp extract them
from raw materials. Regulation of
wastes, however,.eah,affect materials
recovery rates, since the^ eqbapmics of ,
materials recovery is, hifluenced by costs
incurred through^ complying with .;
regulatory requirements;. Setting the
hazardous wastes at a level that is still
protective of health arid the '
enyirbnment, hut that would reduce '
compliance cost and facilitate collection
is ojje of the goals of today's proposal*
The regulations proposed today are
designed to encourage appropriate ;
management of haaardous Wastes. For
example, by relaxusg subtitled ,
collection and transport regulations for
these universal wastes, recycling may
become more economically feasible,
since the collection step is the initial
and necessary step in any recycling; •._-.'
program, The collection mechanisms
established under these, standards will
enable regulated parties to physically
separate these universal wastes from
other materials. The potential for - ,
recyclingmay be enhanced where ;the '
:relaxing of subtitle Cregulatio'ns ;-
reduces the costs as'sbciateet with ' •
managing universal wastes. Thits, for
certain wastes, recycling may become
economically efficient. Materials
recovered from the wastes can be used
in place of virgin materials, where it is
economically efficient to do so, thereby
providing both environmental and , •
economic benefits to society. While a
major impetus for this rale is that many
states or private firms are requiring or
encouraging recycling of some of these
wastes, EPA is -proposing\to facilitate .
the collection of these wastes for either
recycling or^^treatnient and disposal. THe
Agency is .riptprbposing to maii'date .'
recydrng nor malong a detennuiation '
on the relative risks' of recycling versus
treatnient and disposal.: ": »'_ 'V-.
ons
These special collection system
regulations should eUrniriate existing '
irnpediments to programs that many * ;
state and local agencies are currently '
developing to separate certain wastes;
from tha municipal waste stream. For,5
example, some states' have passed '
legislation requiring battery ^ ,; : ; '
manufaGturers to provide systems for ,
collection of used batteries, which has
highlighted concerns about barriers in
the current federal regulatory structure
to implementatibn of such
arrangements. The part 273 regulatio
proposed today, wifl eliminate:or
minimize subtitle C obstacles to
implementing these state and local
programs, and will serve to supplement
collection efforts already underway at
the state and local level. In addition,
today's proposed regulations will make
the development of collection and, -J
recycling infrastructures more, " , fV .'. '
economically feasible^;,. .V " ;
2. ^^ Improving Implementation of the'
Hazardou&Waste PrOgrattt / r ' -,'• ••
The second goal of today Is, proposal is
to improve implementation of the " !
hazardoxis wa,ste prograim-EPA believes
that the regulations proppsed today will
have significant impacts on waste :
management practices nationwide.
One way implementation will be
improved is by establishing: a greatly
simplified set of requirements, that will
be more easily understood by handlers
. of these universal hazardous wastes. For
example, from an administrative and
resource standpoint, it is difficult and
impractical for EPA and state regulatory
authorities to explaui and iapply the
complex RCRA hazardpus waste
'regulations td the wide variety of people
who generate:universal hazardGus •
. wastes^ It is also time consamhig and ;
costly for industry and commercial • • ; .
entities ta determine what the • -1 -' '
regulatory requirements are for very -
small quantities of these universal • ..-•.
hazardpus Wastes. Thus, EPA believes
there is a; need for hazardous waste' ;
management requirements targeted '
specifically toward this vast regulated
community . The requirements; must be
protective of human health and the ,
environment. The regulations must also
be clear and easily understood, so that ;
regulated parties from diverse situations
can corhply, ivithout expending
unreasonable amounts of time.and effort
to understand ithe "'applicable;. ','. ;f '
requirements." Today's prpposal seeks to •
respond to these needs.' : - '- • /
hi some cases, for example, the < ;
current regplatory scheme imposes ~ '-
''
(
. wastes being sent for xecyclihg than on
those being sent'for disposal; ' " '" " -
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8106
Federal Register /Vol. 58;-No. 27 /Thursday, 'February 11, 1993; 7 Proposed Rules
Enforcement of these regulations is
complicated by the fact that a waste
handler may claim intent to conduct an
activity (for example, recycling) that is
exempt from regulation, but it may be
difficult for the implementing agency to
verify whether the individual's stated
intent is the same as the actual
management technique ultimately
selected. The standards proposed today
would regulate universal hazardous
wastes uniformly, regardless of whether
they are destined for recycling or
disposal. For example, a battery that is
a hazardous waste would be
conditionally exempt from the subtitle C
regulations and subject to the special
collection system regulations regardless
of whether it is being collected for
recycling or disposal. In addition, this
simplified system .will allow EPA end
state agencies to focus their resources on
. rather than on
ly. the regulations proposed
today will greatly simplify the
procedures a generator must use to
determine his or her monthly hazardous
waste generation rate (i.e., to determine
whether the generator is a conditionally
exempt small quantity generator, a
generator of 10O-1000 kilograms per
month, or a large quantity hazardous
waste generator). For example, for a
waste such as a hazardous waste battery,
the generator must currently count the
battery toward the monthly quantity
determination in some cases, and not in
others. The variables that the generator
must now consider are: (1) Whether the
battery Is being recycled or disposed; (2)
if recycled, whether it is being
regenerated or reprocessed; (3) if
reprocessed, whether it is a lead-acid
battery or other type of hazardous waste
battery. The regulations proposed today
would greatly simplify the generator's ;
monthly quantity determination, since
the generator would not be required to
count those hazardous wastes managed
under the part 273 requirements
(regardless of the variables described
above) toward the monthly quantity
determination. '.-'•'
3, Separation From the Municipal Waste
Stream , ,
For various reasons, the Agency
believes that many of these universal
hazardous wastes are currently being
managed in the municipal waste stream-
For example, there is ti "look alike"
problem that limits the ability of
municipalities to control the wastes that.
enter the municipal waste stream.
Under the current federal regulatory •
scheme, tha regulation of universal
hazardous wastes such as used batteries •
differs based on the waste's generation
source. Wastes generated by consumers
in their homes are not regulated under
RCRA subtitle C when discarded,
because they are excluded from the
definition of hazardous waste under 40
CFR 261.4(b)(l) (known as the
"household waste exclusion").
Conversely, the same universal
hazardous wastes are subject to RCRA
subtitle C regulation when generated by
commercial establishments, industries
and other non-exempt generators. For
example, a used car battery generated at
an automobile maintenance shop may
be a hazardous waste; if so, it must be
managed in accordance with all •
tapplicable RCRA requirements. An
automobile battery has the same
appearance regardless of who generates
it. This "look alike" problem causes
difficulties for owners and operators of
municipal solid waste landfills and
combustors who'are accepting waste
shipments. Because regulation of
hazardous wastes is not material-
specific, automobile batteries generated
by large industrial users (that should be
• managed at hazardous waste facilities)
may be entering municipal 'solid waste
landfills or combustors because they
cannot be physically distinguished from
batteries generated by households.
Further, some generators (known as
amounts of these wastes per month are
legally allowed to send such wastes to
facilities that are riot subject to full
Subtitle C requirements. See 40 CFR
261.5.
EPA requests comment oh whether
there are other reasons why universal
hazardous wastes are managed as
municipal wastes. Gommenters should
provide specific examples of instances
where they believe hazardous wastes ere
being managed in the municipal waste
stream. '
n. Detailed Discussion of Proposed
Special Collection System Regulations
Today's proposal introduces a.
program which, if promulgated, would
significantly reduce the regulatory
burden for certain wastes currently
subject to full subtitle C requirements.
• Environmental benefits could arise from
implementation of the proposed
collection system. These include >. -• .
removal of large quantities of hazardous
.wastes from the municipal waste stream
(and thus from municipal landfills,
combustors, and composting projects),
and development of an environmentally
protective infrastructure for collection
of these wastes, such e. system being a
first and necessary step to encourage
increased collection. These :benefits will
flow, in part, from the increased
voluntary compliance likely to result
from significant simplification of the
, current regulatory, program. - - •
• Today's proposal includes two i
specific types, of,wastes within the,
special collection system; Hazardous
waste batteries and cancelled or ••
suspended and recalled pesticides that
are! hazardous wastes. The proposal also
includes criteria to be used to consider
extending the program to additional
hazardous wastes in the future, and
provides a, mechanism to allow , ,.;
interested parties to petition EPA to
; include other wastes in such a scheme.
The current -RCRA subtitle G
hazardous waste regulatory structure. ',••
was developed based! on the assumption
that most hazardous wastes are . ]'••
generated'in an industrial setting. These
regulations require generators to notify
EPA of Jhek activities, to use manifests •
when sending shipments off-site to. •..
treatment, storage or disposal facilities, •
and to notify those facilities that their ,;
hazardous wastes are restricted from
land disposal. ' ' -
Recent changes in the RCRA
regulations have caused dramatic shifts
in waste management practices over the
past several years. For example,' ; - •
promulgation of the Tpxicity . ,
Characteristic (see 40 GFR 261.24) has
. greatly .increased the regulated
community's iaWareness of the scope of
hazardous waste requirements. In
addition, the land disposal restrictions
• Have caused shifts in hazardous waste . •
treatment,' recycling imd disposal • • •'•
•patterns.' - • -; •'••" '•< '"• '• • .' . •••'•• :';"
Some of the same forces causing ; .
changes in waste management practices
are also causing EPA to reevaluate some
aspects of the existing hazardous waste
regulatory program. For example, with
implementation of the Toxicity •'.-.'-
Characteristic it has become clear'that'
many wastes generated hi non-
industrial settings may be classified as
hazardous. In addition, the complexity •
of the regulations concerning the
definition of solid waste, hazardous ,
waste recycling, and land disposal
• restrictions poses a considerable ><••-• •
challenge to EPA and authorized state -
hazardous waste projjrams: to effectively1
•communicate the regulatory ••• • •«»; - • •
requirements to the diverse parties who
generate hazardous wastes. The- •
application of the current'hazardous-. : •
waste regulatory scheme to commercial,
agricultural, and community activity
waste3 generators may not be the most
i ' These general descriptors are taken from the .', i
definition of aolid waits in RCRA. 5:1004(27). EPA
interprets the term "community activities" in the
statutory definition to include educational ;
institution*, federal, state and local government '
operations,etc.' • • , n • _'. - '..•• •: •",;•'• -/.
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Federal Register / Vol. 58, No. 27 /Thursday,, February 11, 1993 / Proposed Rules
8107
appropriate way JB protect human
health and the'enyjufonment. For
hazardous wastes generated by such- •'•'
generators, EPA believes that a different
and less burdensome regulatory §chJ3me,
that continues |o ensure protection of"
human health 4nd the enVKonmettt, is
appropriate. Today's proposal sets forth
elements of such a regulatory scheme.
to today's no.tice, EPA will use the
tenn''universal hazardbus wastes" ;to
refer to the broad category of wastes that
may be candidates for proposed part 273
regulations. EPA will use. the term \
"special, collection system hazardous
wastes" to refer to those wastes that are
determined to be eligible for part 273
regulation. -. . .
A. Overview of Proposed Regulations
The requirements proposed today
would offer a conditional exemption
from the current subtitle C hazardous /
waste requirements for specirlc-
universal -wastes. Compliance with the
reduced set of part 273 requirements
would be an option that waste handlers
may voluntarily choose. However, :
operating under the part 273
requirements would.npt be compulsory.
If universal waste handlers_wish, they"
may instead continue to manage their
hazardous wastes under the full subtitle
C regulations set forth in 40 CFR parts
262 through 270,4 If they do elect to
follow the reduced part 273
requirements, they would be subject: to;
a number of conditions proposed today
that are designed to provide adequate
• protection of human health and the
environment.., " ' :; ,
EPA notes that parties claiming that
they meet the terms of the special.
collection system conditional .'-.• ,
exemption bear the burden of proving .
that they are'eligible for .that exemption.
See 40 CFR261,2(f). Since the ;
requirements currently ureffect for,
many of these special collection system
wastes are, more strict than -the
requirements proposed today,,parties ,-
claiming the benefits of an exception to
the current pegulatory scheme have the
burden of proof to show that they meet
the terms of the exception. Since parties
claiming the exception have the
knowledge of the facts supporting their
claims, it is appropriate for them to bear
the burden ofproof of showing that they
meet the terms, of the exception.'jFor •:.
example, the proposal would require a .:.
* Generally,' theserequirements; includelimited ,
standards for accumulation by generators (without
permits);. manifesto to track sUpments from the
waste's origin to its final "disposal; permits or self-
lmplenferitihg'''interfin:stefu's" standards for ' ' •• -
treatment, storage, or; disposal facilitiesi reports on
hazardous wastes managod; and lidtifications of
applicable restriction's bn land disposal.' *'f-: ••'•' - '
generator to send his or her waste to one
of several specified kinds oif facilities'.' J- -
The proposal does' not include " ' '•'':'
provisions requiring 'generators'tp lise a"'r
manifest, which normally would '•'.-'•'""•
accompany a hazardous waste': ""
shipment. Instead; the generator could
simply keep a record of where'the
shipment was sent For further '••"_•• '
discussion of this point, see 50 FR 642,
January 4,1985. ..',-•••
In today's proposal, generators, -'"
transporters, and owners or operators of
"consolidation points" (places where
smaller quantities of the hazardous
waste are collected and held /
temporarily before being moved on to •
another consolidation point or to a
permitted or interim status hazardous
waste facility) are subject to a number
of similar conditions. Facilities which
ultimately recycle, treat, or dispose.of ':
the waste remain subject to the full
hazardous waste regulatory program
(i.e., the current subtitle C :
requirements). "' ':
Today's proposal-includes'a number'
of provisions that Would apply to •
generiafors, transporters, and
consolidation points. Tirst, some : '
packaging and physical conditidri •'_'''•
requirements would be.imposed on :
handlers to ensure that these wastes are
not released to the environment as they ,
pass through the special collection
system. Second, there would be
limitations placed on the types pf
locations to which these wastes may be
forwarded by each participant hi the ;;.
collection system, and some shipments ••-
would be accompanied by a hazardous
waste manifest. Third, storage, time -
limits arid toatment/dilution:and ' '••'
disposal prohibitions would'be imposed
to ensure that substantive requirements
associated with the land disposal - ,'-J
restrictions prograrii are met. Fourth, '
persons who export these:wastes would r
comply with requirements for .
notification and consent from the "-.. • i
receiving country., Eifth, when; ,- /.. •-
generators and consolidation points
store certain quantities of special
collection systein hazardous wastes at
one tune, they would notify EPA, of their.
activities (required by existing
regulations as well), to ensure that ,
regulatory agencies are able to provide ;
proper oversight of then: activities.
Sixth, pers'pns who manage hazardous
wastes under the reduced scheme ' '
, proposed today would be required to
take immediate resp;dnsS fiction-if;
releases of hazardous waste^fp the ' i".
environment OCQUT! '; { •',J7 > »" , -:
Destinatidri facilities (generally; me;
perniiite'd'or interim status hazard Jus
waste f^cility.rfeeiv.mgtte'dpnsbiidate
shipment} are requited'fp!cpmj)ly with
the full subtitle C regulations applicable^
to their operations:' ;. f.;\''F. ^•••s.'^-.--'-
B. Scqpe.: y^ . u ; • '.„••': ..'•. :.!i;.-."~-''^'l. .• ].,i
Before!discussihgtiieproposed ^-••-•-•. •
regula'tory;TOquiremehtS'in more detail, •
it is important to-describe three broad: -1 >
issues Uiat-Will be relevant to those ' •
wishing to comment on taday'^- ••' •• : • ;
proposal. The direction that EPA
chooses to take on these "scope" issues •
will affect both, the implementation of -'"
any final part 273 regulati'ons, and the
changes in waste management practices' :
that are h"kely to result should these
regulations be finalized. EPA believes it
is important for commenters to --'""-•
understand the broad implications of
the regulations proposed today. For ,'_-.•
example, the program proposed today
may be expanded in the future to cover
a number of other wastefe; tiius, we are '•'
setting up general nlles to;define;the ;
program's scope. Readers pf today's : "
notice should, consider arid comment'on '
whether the general Section being' :
proposed for the prpgMim's scope is '•
appropriate, and also on whethef there ;
are other wastes that deserve ' • '"*']."''"''
consideration'for'inclusion in part'273.' '
Affinal point that commenters should'_
understandjs the impact of, today's
requirements pn management of '' '
household wastes; these impacts are ••••••''
described briefly ui section II.B.4. -
below. '.'.'..-
There are three basic "scope"
questions that EPA has identified in .
developing today's proposal. These
questions are:'.. •'•'•"-'••-
(1) Whether to limit the part 273
regulations'coverage, based on potential
resource recovery or energy recovery '-'-"\
from the hazardous waste (i.e.! will it be '
recycled, or merely disposed);. ^;..' ,- . !
" (2):tVhich hazardous wastes to.' • '1. .',
include in the part 273 regulaflpns.'.and *
the criteria EPA will .use tb.select'them;
and.',''. •'"' '",.,. ;:-'v:'- '• "..'•' : '-' ; •; ;-'.::"'; ';'.
(3) Whether to: mclude ha'zardpus
wastes generated by cpnditiphally. "'."'
exempt small quantity generators' ': " :
(CESQGs) in the. proposed part 273'
special collection system rules. \
Each of these questions is discussed
below, along with the approach EPA has
selected for proposal, and'EPA's reasons;
for that selection. ,,
1. RecyclingVersus Recycling or-
Disposal^.- .';•-"..''.. /'. .-'/... .;.-•••.. •
A fundamental question for the
universal' hazardous wastes/regulated,
under the special collection system (part'
273) regulaflons is whether t6 limit the '
scope of the regulatiPrts'based pia.; ;/y,'
'UlSpOS6Cl* .A^I. ^ a. uwAAO-'Ota uuai. VLAQAQ U-L«^ .
three potential pplipns: (l) laifliting the i"
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8108
Federal Register / Vol. 58, No. 27 / Thursday, February 11, 1993 /-.Proposed Rules
scope of the part 273 regulations to
hazardous wastes being recycled only,
(2) not limiting the scope of the
regulations (i.e., applying the
regulations to wastes destined either for
recycling or disposal), or (3) applying
the regulations uniformly to generators
and transporters, while limiting the part
273 consolidation point requirements to
these consolidation points managing
universal wastes destined for recycling
only. These options present different
implementation and policy concerns,
ana are discussed more fully below. For
the reasons discussed below, today's
proposal adopts the position that the
part 273 special collection system
regulations should be applicable to
wastes that are collected for either
recycling or disposal (Option 2).
Option 1: Recycling only. Under the
first option, the part 273 regulations
would only be available for universal
hazardous wastes that are being
recycled (and not available for wastes
sent for disposal). This approach would
require that the initial generator
determine whether the waste will be
recycled or disposed, hi order to know
whether the part 273 regulations apply
to the generator's management of the
waste.
EPA considered this approach as a
means to achieve one of the objectives
of RGRA: "to conserve valuable material
and energy resources * * * by
encouraging * * * properly conducted
recycling and reuse" [see RCRA section
1003(a)(6)]. If the pail 273 regulations
were limited to those -universal
hazardous wastes that will be recycled
(while universal hazardous wastes that
are to be disposed are subject to the
usual subtitle C controls), waste
managers may shift wastes towards
recycling under the part 273
requirements (and away from disposal
under the usual subtitle C controls). In
addition, EPA believes that separation
of these wastes from the industrial and/
or municipal waste stream increases the
likelihood that they will be recycled.
Thus, a program that facilitates
collection may increase the recycling
rates for these wastes.
There are several potentially serious
drawbacks to this approach, however.
First, in order for managers of universal
wastes to determine whether they
would be subject to the part 273
regulations or the full hazardous waste
management regulations (40 CFR parts
262 through 270), they would be
required to know the final disposition of
the wastes (i.e., recycling or disposal).
Due to the volatility of many recycling
markets, however, this determination
may be cumbersome or impossible to
make (particularly for persons
participating in the early stages of the
collection system).
Second, larger quantities of hazardous
wastes collected for recycling (i.e., an
increase of the supply of available
secondary materials) may cause some
recycling markets to become
overwhelmed with available input
materials. The increased supply to the
recycling market may exceed the
available recycling capacity, and may
result in an overaccumulation of the
waste (at least temporarily). The
increased supply of secondary materials
could also cause a depression in the
price of the yet-to-be-recycled secondary
materials; under certain market
conditions the generator may have to
pay the recycler to accept the waste, If
the cost of recycling is greater than the
cost of disposal, the waste probably will
not be recycled. The waste may be
either disposed or overaccumulated
(and, potentially, as a result of
overaccumulation, pose a threat to
human health and-the environment).
Third, implementing such a system
would be complicated by the need for
implementing agencies to identify the
intent of generators or owners/operators
of consolidation points regarding future
waste management (i.e., recycling or
disposal) in order to determine which
regulations apply to that individual.
Finally, limiting the scope of these rules
to wastes that are recycled only may
stifle innovation. Innovators with new
treatment and disposal technologies
which are equally protective of human
health and the environment as recycling
technologies would not have the option
to manage the waste under the part 273
requirements. These distinctions, which
are not based on the actual risks of the
recycling or treatment/disposal
processes used, may thus create
artificial barriers to safe treatment of the
waste.
Option 2: Recycling or disposal.
Under the second option, the
regulations in part 273 would be
available for universal hazardous
wastes, regardless of whether they are
recycled or disposed. Thus, waste
generators need not be concerned with
the waste's ultimate disposition (i.e.,
whether the final waste handler will
decide to recycle or dispose of the
waste) since the same requirements
would apply in either case.
There are two advantages to this
approach. First, universal hazardous
wastes that will be disposed rather than
recycled5 are likely to be directed away
from subtitle D facilities (where they
currently may be man aged) toward
subtitle C facilities that provide more
environmentally protective controls.
. Second, this approach does not
introduce a significant complication for
implementing agencies: having to
distinguish between universal
hazardous wastes that are intended for
recycling and those intended for
disposal, and having to verify a waste
handler's intent {i.e., recycling versus
disposal).
Option 3: Hybrid of Options 1 and 2.
A third option would be to make the
part 273 reduced requirements available
for generators and transporters, but to
condition availability of the part 273
requirements for consolidation points
on whether the universal wastes are
recycled. Under this approach, all
generators and initial transporters
would be subject to the reduced
requirements of part 273, whether their
wastes are to be recycled or disposed.
Consolidation poiniis that send the
universal wastes on for recycling would
comply with part 273 requirements in
lieu of a permit, while those
consolidation points sending the wastes
on for disposal would comply with
parts 264,265, and 270, including the
requirement to obtain a permit for
hazardous waste storage. •
By reducing the requirements for
wastes that are recycled relative to the
requirements for wastes that are
disposed, this approach may provide
significant incentives for recycling. In
addition, generators; would not be
required to determine whether the
wastes will be recycled or disposed.
However, under this approach, owners
and operators of consolidation points
would need to know whether the wastes
will be recycled or disposed in order to -.
determine which requirements apply.
This determination may be very difficult
to make, given the nature of different
actors in these markets. In addition, this
hybrid approach poses implementation
concerns similar to those described
under Option 1. Specifically, the
consolidation point owner/operators'
intent regarding final waste
management options must be identified
"while the waste is still in the collection
system. Finally, reducing tha
requirements for recycled wastes
relative to those that apply for disposed
wastes increases incentives for sham
recycling.
EPA is proposing option two
(recycling and disposal) in today's
notice, for several reasons.6 First, the
9 For example, in cases where recycling
technologies have not been developed, or recycling
is not economically feasible. •
clt should he noted that under the land disposal
restrictions program, recycling may be required for
some universal wastes. For example: (1) Effective
August 8,1990, thermal lecovery of metals in
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Federal Register I V^-^Q-i.^°-^^'^^f^y^^^^_^''^Q93 / Proposed Rules 8209
part 273 regulations will be much easier
to implement if no' distinctions are
made between universal hazardous
. wastes that are recycled and universal
wastes that are disposed. Second, the
regulated community; particularly
generators, should find the part 273
regulations less complex in that the
waste's final disposition would not
affect the management requirements
"applicable during the collection phase.
Third, Options 1 and 3, which would
provide reduced requirements for
recycled wastes relative to disposed
wastes, also would increase incentives
for sham recycling. Option 2 minimizes
, the incentives for sham recycling to
occur. Fourth, the simplified special
collection system regulatory approach
should decrease the quantities of these
hazardous wastes that are managed in
subtitle D municipal waste landfills,
combustors, and composting projects,
and therefore, regardless of whether .
these wastes are recycled or disposed,
environmental benefits may be gained.
EPA requests comment on the
possible adoption of Option 2,*which
applies the special collection system
regulations to wastes that are either,
recycled or disposed. EPA also requests
comment-on the advantages and • ."-•-•
disadvantages of all three options, and
on any additional options commenters
identify, Commenters should provide
specific examples of how they believe
the requirements would or would not be
as environmentally protectiv_e^as the.
current subtitle C requirements, as well
as information on the likelihood that the
streamlined requirements will affect the
development of recycling markets.
2. Types of Wastes Subject to Special ,
Collection System Regulations
EPA recognizes that there may be a
^ number of hazardous .wastes for which
"" special collection system regulations
may be appropriate. EPA will use the
criteria discussed below to identify
hazardous wastes that are appropriately
regulated under the part 273
requirements; The Agency developed
-the criteria proposed today to identify
the general nature of hazardous wastes
that are amenable to special collection
systems.- " ''!'•"• '••',•'•
In today's proposal, EPA is only :'
- providing specific regulatory language
in part 273 for hazardous waste batteries
certain types of industrial furnaces is required for
cadmium-containing hazardous waste batteries;' (2)
effective May 8,1992, lead recovery in secondary
; smelters is required for lead-acid batteries; and (3)
effective May 8,1992, recovery of mercury by
retorting or roasting in a thermal processing unit is
required for high-mercury, inorganic wastes
(§ 268.35(a), § 268.35(c), and Tables 1 and 2 of
§268.42). ' -'-.-' ".."• '
and for suspended or canceled and
recalled pesticides that ftre hazardous
wastes. However, there are a number of
.other hazardous wastes for which these
special requirements may be
appropriate (for example, automobile
antifreeze, or paint application wastes,
or used commercial items containing
mercury such as thermostats and
thermometers).7 Thus, EPA is proposing
a set of criteria for evaluating potential
candidate wastes for inclusion in the
scope of the part 273 regulations, These
proposed criteria are. intended to aid
commenters who wish to recommend
additional wastes for. similar . ,
consideration; EPA may use
commenters' suggestions to include
additional hazardous wastes (besides
hazardous waste batteries and
suspended or canceled and recalled
pesticides) in the .final rule, If the part
273 regulations are promulgated, .the
public would be able to petition the
Agency to amend the part 273
regulations to include 'additional wastes
that meet the final criteria.
A related issue is that the technical
problems'posed in managing different
types of universal hazardous wastes '.
may vary (e.g., liquids pose different
storage problems than solids, while ;
batteries contain heavy metals and/or
substances that present different
hazards., such as reaqtivity or
. corrosivity). Therefore, it is possible that
EPA will promulgate different v
requirements for different types of . '
universal hazardous wastes; but impose
similar administrative requirements for
. tracking the movement of the wastes.
When suggesting additional wastes for
regulation under part 273, commenters
should also note any specific
management standards that they believe
-are necessary to protect human health
and the environment.' • • ^~
As noted above,, there are several , v
waste types (in addition to batteries and
pesticides) that the Agency believes may
be appropriately regulated under the
part 273 special collection system
regulations. In particular, additional
discussion is warranted for motor -••
vehicle antifreeze,'and used mercury- '
containing thermostats. '
Used antifreeze is generated when '
radiator coolant is drained and flushed-
from, automobiles and other vehicles.
The Agency has limited data, available
in the docket for this notice, indicating
that some used antifreeze may exhibit
the characteristic of tbxicity due to the
presence of lead, tetrachloroethylene, .
and/or benzene. The;Agency believes '
that used antifreeze is generally
managed by disposal in municipal
sewer systems/although private and
municipal programs have begun
.recycling used antifreeze. This material
then may be a good candidate for
regulation under part 273. In developing
special collection system regulations for
used antifreeze,; EPA could develop
technical standards tailored for ;
antifreeze-water mixtures, such as tank
and container storage requirements, and
possibly tracking and recordkeeping
requirements; The Agency' requests :
comment on whether used automobile
antifreeze fits the criteria for regulation
under part 273 that are proposedin
today's notice (discussed below), and on
specific management requirements that
would be appropriate.
Additional wastes 'for which •'• •
regulation under part 273 may be
appropriate are paint residues,8 used
thermometers, arid used thermostats.
These wastes are believed to be major
contributors of mercury to the
municipal waste stream.9 The Agency is
particularly interested in whether used
mercury-containing thermostats could
'potentially be managed under a part '
273-type special collection system.
, The ambient temperature in homes,
businesses, warehoused and other
buildings is controlled using a
thermostat that is part of the building's
heating, ventilation, and cooling system.
A thermostat usually consists of a metal
structure that contains a crush-resistant
vial of liquid mercury. Thermostats are
specifically designedbotbto hold the '
mercury vial steady-within the unit, and
to prevent it from breaking. Based on
experimental data, EPA estimates that
each,thermostat contains 2.82 grams of
mercury.10 A thermostat is usually .
disposed of when it ceases to operate
properly and is replaced, when it is
replaced with ah upgraded thermostat
(such as the programmable electronic
type); or when the building in which the
thermostat is located is torn down or
demolished. The average life of a
thermostat is estimated to be twenty
years.11
Due to the mercury content, it is
likely that used thermostats will exhibit.
the characteristic of toxicity, and thus
will be regulated hazardous waste when
7 In separate rulemakings, EPA has addressed
used oil [57 FR 21524. May 20,1992; and 57 FR
41566, September 10,1992].
BMercury,has not been used in paints since 1991
and thus the mercury contribution from paint
residues is projected to decrease rapidly in the
future. Note, however, that these estimates do not
include interior and exterior surface paints.
9 Characterization of Products Containing
Mercury in Municipal Solid Waste in the United •;
States, 1970 to 2000; U.S. EPA; OSW # EPA530r-R~
92-013; NTIS # PB92-162569; April 1992. "
"Ibid. ' • . ••-.:••
'. "Ibid. '• ;- -'-•:' ' .'." ... - .': v :•-.'• ':.--"- .-
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8110 Federal Register / Vol. 58, No. 27 / Thursday, February 11, 1993 / Proposed Rules
disposed of by businesses or other
commercial entities. In the context of
recent inttirest in removing mercury
from the municipal waste stream, the
Agency has received information that
ono thermostat manufacturer is
currently developing a reverse
distribution, or manufacturer "take
back" system to collect used mercury-
containing thermostats and to recover
and rouse the mercury in the production
of now thermostats. In addition, at least
ono state has specifically banned the
disposal of mercury containing
thermostats in the municipal waste
stream and is working to implement a
collection system for these Items. Other
states are also moving to reduce the
mercury laval in municipal waste
through removal of mercury containing
items.
Used thermostats appear to be a good
candidate waste for the special
collection system approach to
regulations for waste collection. It is
believed that although some thermostats
ere replaced by homeowners doing their
own maintenance work, many are
replaced by boating, ventilation, and
cooling system repair services. This
concentration of waste generation with
a limited universe of people may offer
an opportunity for achieving a relatively
high return rate, with a minimum of ,
effort, by allowing program
implementers to direct education and
outreach efforts to service companies
and trade associations.
EPA could develop a special
collection system under part 279 for
used mercury-containing thermostats
similar to those proposed today for
hazardous waste batteries (discussed in
detail below). Such a system could
utilize the same recordkeeping and
tracking procedures proposed today for
hazardous waste batteries. Generators
and consolidation points storing large
quantities of thermostats could be
required to notify and obtain EPA
Identification Numbers. The quantity
cut-off for such notification could be
based on the size of a typical, final
consolidated shipment to a recovery or
disposal facility, thus requiring
notification only of those storing the
largest quantities of these items.
Manifests could also be required for
shipment from the last consolidation
point to the final destination facility.
Persons could be limited to sending
thermostats to other participants within
the special collection system
(consolidation points and destination
facilities). Storage could be limited to '
ono year, or to some other time period
if more appropriate to allow collection
of sufficient quantities of thermostats for
proper management. Management
requirements could include
management in containers, a prohibition
on removing the mercury containing
vial from the thermostats, a prohibition
on breaking the vials, and requirements
for response to releases. As with
batteries, requirements for the
destination facility (treatment,
recycling, or disposal facility) would
remain the same as under Jthe current
subtitle C system.
The Agency requests comment on
whether used mercury containing
thermostats fit the criteria proposed
today for regulation under part 273
(discussed below). The Agency also.
requests comment on whether the
special collection system requirements
discussed above would be appropriate
for these wastes, and on any additional
requirements necessary to ensure that
thermostats are collected in a manner
that is protective of human health and
the environment The Agency
specifically requests comment on the
quantity of thermostats in storage that
should trigger a requirement that
generators and consolidation points
notify EPA and obtain an EPA •
Identification Number*
EPA is not including fluorescent light
bulbs in today's rule. EPA is examining
whether these light bulbs pose a risk
when managed in landfills. EPA
requests information on the risk of these
wastes in landfills or municipal waste
combustors. EPA also requests
information on the risks of current or
developing mercury recovery
technology.
EPA is proposing two sets of criteria
to evaluate whether other candidate
wastes are appropriately included hi the
scheme advanced today for hazardous
waste batteries and recalled pesticides.
The two sets of criteria will be used to
evaluate both the extent of the problem
posed by a particular type of waste, and
the suitability of the special collection
program for contributing to improved
management of the particular waste and
to the realization of EPA's policy goals
discussed above. For the convenience of
the reader, both sets of criteria are listed
below in summary form. A more
detailed discussion of each of these
points follows.
To determine the extent of the
problem, EPA proposes to evaluate the
following:
1. Whether the waste, as generated by a
wide variety of generators, is hazardous
under the subtitle C regulations;
2. The presence and amount of the waste
in commercial, agricultural, or community
activity waste streams;
3. Whether the waste is generated by a
large number of sources; '
4. Characteristics of generation sites;
5. Potential sisk posed by the presence of
the waste in the municipal solid waste
stream; and
6. Other relevant information.
To determine suitability of the part
273 regulations as a method to improve
management of the particular waste,
EPA proposes to evaluate:
1. Whether the waste presents a relatively
low level of risk during storage and transport;
2. Characteristics of the system that would
be used to collect the waste;
3. Whether special collection system
regulations would facilitate removing the
waste from the municipal waste stream;
4, Whether the implementation of the
hazardous waste program would be unproved
by special collection system regulations; and
5. Other relevant factors.
The first set of factors, found in
.proposed § 273.2(a), is a set of
information requirements that the,
petitioner must provide when
petitioning for wastes to be considered
for regulation under part 273. To be
eligible for regulation under part 273,
the petitioner must demonstrate that the
hazardous waste presents a problem to
human health and the environment due
to its presence in the municipal waste
stream or due to other, widespread
management practices. The Agency is
proposing the following information
items, to determine the extent of the
problem and the appropriateness of
regulating the hazardous waste under
part 273.
First, since EPA has only limited
resources to undertake special
rulemakings of this type, EPA would
generally focus such efforts on universal
hazardous wastes that are listed
hazardous wastes or exhibit a
characteristic of hazardous waste. Some
wastes (e.g., used automobile antifreeze)
may exhibit a hazardous waste
characteristic in certain cases.
Therefore, petitioners should supply the
Agency with any available data
pertaining-to whether or how often the
wastes are hazardous. In addition,
petitioners should also submit any
available quality assurance and quality
control documentation of the sampling
procedures and test methods used.
Second, we would expect that the
hazardous waste would be present in
the municipal waste stream (for
example, in commercial, agricultural, or
community activity waste streams) in
significant amounts. This criterion
would serve to identify those wastes
that typically or often are part of the
municipal waste stream, as opposed to
those that are exclusively or primarily
industrial wastes. Oiae of the Agency's
three major goals for providing a
conditional exemption for universal
hazardous wastes and establishing the
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Federal Register /Vol. 58, No. 27 / Thursday, February II, 1993 / Proposed Rules
8111
.part 273 regulations is to encourage
separation of these wastes from the
"municipal waste stream. Thus, the
Agency may limit its consideration of
candidate waste streams to those
universal hazardous wastes that are
found in significant amounts in the
municipal waste stream,
Third, EPA envisions that wastes
regulated under, the special collection
system requirements would he
generated by a large number of
generators nationwide. A large number
of generators, coupled with infrequent
generation, results in an extremely large
administrative burden on EPA and the
states that implement the RCRA
hazardous waste program. For example,
keeping track of the identity and
location of generators, and the amounts
and types of hazardous wastes that they
generate (as is currently required under
the subtitle C program), may not be
appropriate for universal hazardous
wastes; therefore, such wastes may be
attractive candidates for the proposed
part 273 regulations. Also, EPA's
experience in implementing the subtitle
C program has shown that many in the
regulated community are not aware of
the specific requirements that apply to
them, and therefore may not be
complying with all applicable
; hazardous waste management
requirements. Information on the
numberof generators and the quantity
; of universal hazardous wastes that they
generate is necessary for EPA to
determine whether the hazardous waste
is generated by the types of individuals
or organizations that the part 273 .
regulations are designed to address.
Therefore, petitioners should submit
this kind of information to the Agency
when petitioning for additional
hazardous wastes to be considered
under part 273.
Fourth, EPA will also consider the
characteristics of generation sites.
Wastes generated in isolated locations
where: (1) No other hazardous wastes
are generated, (2) the universal
hazardous waste is the only waste
generated, (3) the waste is generated
only sporadically, and/or (4) small
quantities are generated per month, will
be more favorably considered for
regulation under part 273. In addition,
wastes that are frequently generated by
small businesses would be likely
candidates for special collection system
regulations. ' '; "••
Fifth, and closely related to the
amount of the waste present in the
municipal waste stream, is the risk
posed by that waste's presence in the
municipal waste stream. RCRA's
primary objective, stated in section
1003, is protection of human health and
the environment. When the risks posed
by a hazardous waste are relatively high,
even if the waste is generated in
relatively small quantities, the total risk
posed by the waste may be of special
concern. Therefore, universal hazardous
wastes that pose significant risks to
human health and the environment,
particularly in the municipal landfill
and/or municipal combust or settings,
will be considered for regulation under .
part 273. The Agency is particularly
concerned about universal hazardous ••<
wastes that may pose significant risk
potential; EPA is interested in focusing
its resources on ensuring proper --''
management of wastes that pose
significant risks.
Finally, there may be other factors
that are relevant, due to special
characteristics of the universal
hazardous waste and practices used to
manage the waste. EPA would consider
such other relevant information that is
included in a petition.
The second set of criteria, proposed in
§273.2(b), will be used to'evaluate;
petitions to determine if part 273
regulations would satisfactorily address
the problem presented by'the hazardous
waste. EPA will determine whether
regulations can be developed under part
273 for a particular waste that would
achieve the Agency's goals for the
especial collection system regulatory
program. The criteria that EPA proposes
to use are discussed below.
First, EPA will consider wastes for"
inclusion in part 273 that pose a
relatively low level of risk, or that are
relatively easily contained and
managed, during storage and transport.
In general, EPA expects that special
collection system regulations will be
most appropriate for hazardous wastes
that are or can be managed securely in
containers. Many of the requirements
proposed today for special collection
system wastes are less stringent than the
current subtitle C storage and transport '
requirements (e.g., consolidation points
are not required to have permits for
storage,12 and there are no manifesting
requirements for certain shipments).
Therefore, the Agency is proposing to
restrict the applicabilityof the part 273
requirements to carefully defined and
managed wastes, Where the regulations
can be tailored to minimize risks to
human health and the environment
during storage and transport. "•'.'".
Second, EPA will consider the
characteristics of the systems for
collecting the wastes. If, for some
wastes, the collection systems ensure
12 And thus, the corrective action requirement* of
RCRA sections 3004 (u) and (v) and 3008(h)
generally would not apply.
close stewardship of the hazardous
waste (as in a recall scenario), the
wastes, would be better candidates fora
special collection system exemption
, than other wastes that are not managed
as carefully. EPA may give preference to
such carefully-managed wastes when ,
evaluating whether to develop part 273
requirements for additional hazardous
wastes. ;" •'.-,.• -.. '•:.-. ..-,''•
To give such preference, one
approach EPA is considering is to-alloW
those hazardous wastes which are (or
would be) managed in a "reverse
distribution system" supervised by the
original product manufacturers to he :
exempt under the proposed part 273
regulations. In the event the
manufacturers, and possibly others in a
product's distribution chain, desire to
become involved in the "waste" part of
their products' life cycle, inforination
that those parties submit in support of
a petition would be useful in
determining the degree of stewardship
that the special collection system.
hazardous wastes would be subject to.
This approach could work for either
unused products returned from end-
users and/or retailers, or for used
products returned from end-users. For
example, some manufacturers already
encourage, the return of their products
that have gone beyond their "shelf life,"
and may have credit or refund
arrangements with their customers to
encourage the return of unsold .
products. Such credit or refund systems
could be a significant incentive for the
return of products that happen to be
hazardous wastes, and thus it may be
appropriate for EPA to consider for
special collection system regulation
those hazardous wastes that are likely to
be returned to their original
"manufacturers. EPA believes that
harnessing market forces in this way
makes good sense from both an ,
economic and an environmental
standpoint. As discussed above, EPA
has also received information indicating
that manufacturers interested in product
stewardship for other used products,
such as mercury containing thermostats,
may be developing similar reverse
distribution systems to retrieve these
items from users for recycling or proper
disposal. . , ' x
Third, EPA would consider whether
the waste management practices
currently in use (documented by the
petitioner under § 273.2(a)} would be
improved by implementing special
collection system regulations for the
waste. In other words, EPA would
consider whether special collection!
system regulations can be,designed to
alter current waste management
practices, and to facilitate the wastes'
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8112 , Federal Register / Vol. 5S, No. 27 / Thursday, February 11, 1993 / Proposed 'Rules
removal from the municipal waste
stream.
Fourth, EPA would consider whether
viable recycling technologies are
available for a petitioner's waste, or era
likely to be developed, and whether the
part 273 regulations could be used to
ftciUtale recycling. EPA would still
consider a petitioner's request even if no
recycling technology exists for a
particular waste and no technology is
under development. The weight of
evidence of the other criteria may be
sufficient for EPA to determine that part
273 regulations are appropriate for the
petitioner's waste. Therefore, it is not
imperative that a petitioner demonstrate
that increased recycling would result
from regulation of the waste under part
273. However, if the petitioner is able to
demonstrate that environmentally
protective racycling may occur, EPA
would consider that result in
determining whether to develop part
273 regulations for the petitioner's
waste.
Fifth, EPA will use data provided by
tho potltionor documenting problems
posod by tho waste's management, to
determine whether the part 273
requirements could be tailored to
improve implementation of the
hazardous waste regulatory program.
For example, EPA believes there may be
substantial confusion in the regulated
community regarding die applicable
hazardous waste requirements for waste
battery management. (See the letters in
the docket for today's proposal in
"Letters on Battery Management.")
Today's proposal is designed to alleviate
this contusion by setting up special
requirements that are specific to
hazardous waste batteries. The data
provided by the petitioner would be •
used by SPA to determine whether part
273 requirements would change waste
management practices and improve
implementation of the hazardous waste
•am.
Sixth. EPA may consider other factors
that are appropriate.
Finally, EPA will also take into
consideration, as a way to set priorities
among the many various waste streams
that may be suggested for this program,
tha quantity and quality of the data
submitted by the petitioner and
available to support a petitioner's
request If a petitioner's request is
complete and supporting data are
adequate, EPA is likely to evaluate the
request and determine whether to
propose a regulatory amendment sooner
than if a request has only minimal
Information. .
Petitioners need not provide evidence
on all of the factors and criteria
discussed above. Rather, depending on
the characteristics of the particular
waste described in the petition, EPA
• would evaluate the candidate waste for
each criterion as appropriate given the
type and quality of the data submitted.
However, EPA will consider the weight
of evidence for all applicable criteria
regarding whether the regulations era
appropriate for the universal hazardous
waste end whether the special
collection system regulations will
accomplish the desired results EPA has
identified for the proposed part 273
regulations.
EPA requests comment on the
appropriateness of the criteria listed
above for selecting additional hazardous
wastes to be regulated under part 273,
arid whether there are any other criteria
that should be considered. Most
importantly, EPA emphasizes that each
additional waste considered for
regulation under the part 273 special
collection system regulations will be
evaluated against each of the criteria to
determine whether such regulation
would Further the Agency's waste
management goals as discussed above.
EPA plans to focus its attention on this
kind of program, but of course only
wastes that the Agency believes can
successfully be managed under such a
system would be included under part
273, based on the strength of the case.
rather than on the amount or quantity of
information submitted.
As a final point on which hazardous
wastes would be covered under today's
proposal, EPA notes that we chose not
to include in the part 273 requirements
lead-acid batteries that are being
reclaimed. Lead-acid batteries being
reclaimed, are already subject to special
requirements under part 266, subpart G.
Under those regulations, facilities that
store lead acid batteries that are to be
reclaimed need not obtain a .permit for
that storage (as long as they do not
reclaim the batteries themselves). By
leaving the part 266, subpart G
requirements in place, no new '
requirements would be imposed on ,
these lead acid battery "consolidation
points." The proposed part 273
•requirements would be more, stringent ••
than the current part 266, subpart G
requirements (e.g., notification to EPA
would be required if more than 20,000
kilograms of batteries were stored), and
less stringent in some, ways (e.g., no
land disposal restrictions notification is
required under proposed part 273, while
it is required under the current
regulations). EPA requests comment on
whether lead acid batteries that are
reclaimed should be regulated under
part 273* rather than under part 266, .
subpart G. ; .
3. Conditionally Exempt Small Quantity
Generator Waste
Conditionally exempt small quantity
generators (CESQGs) generate less than
100 kg of non-acute hazardous waste per
month (or, less than one kilogram per
month of acute hazardous wastes).
These CESQGs pose some challenging
issues with respect to the scope and
implementation of today's proposed
rule. These issues stem from the fact: .
that CESQG waste is the same as other
hazardous waste (i.e., it look's the same -
and it poses similar risks) but is ,
regulated differently based sotely on the
quantity generated by ,an individual
generator; in fact, wastes generated from
these.sources may be legitimately
disposed as part of the municipal waste
stream under current regulations (see
§261.5). ,
Today's proposed regulations would
not require CESQGs who generate
universal hazardous wastes to manage
"these wastes under the part 273 special
collection system regulations,.but would
allow CESQGs to manage their wastes
under the special collection system if
they choose to do so (see proposed
changes to § 261.5 (f) and (g)). At this
time, EPA is not proposing to require
that CESQG universal hazardous wastes
be managed under part 273 because the
Agency believes that the existing. ;.. ;
CESQG requirements «ind the proposed
part 273 requirements provide a similar
level of environmental protection, and'
thus individual CESQGs should have
the option of managing their waste
under either "system. , '
The Agency is also concerned that the
proposed part 273 regulations might ,
impose a greater regulatory burden on '
the large universe of CESQGs than the
current regulations. Specifically, under ,
the CESQG regulations, CESQGs must
only: (1) Identify their hazardous
wastes, (2) determine the quantity of
hazardous waste generated, (3) limit on-
site storage of hazardous wastes to 1,000
kg or less, and (4) take their wastes only
to certain treatment, storage, or disposal'
facilities "(see §261.5). ; ' *
•« CESQGS must eithertreat or dispose of their. ''
hazardous wastes to an on-si'te 'facility or ensure
delivery to an off-site treatment, storage, or disposal
facility, either of Which, if located in the U.S., is: .
(l) Permitted to manage hazardous waste under part
270 of the federal hazardous waste regulations; (2)
granted interim status to manage hazardous waste
: under parts 265 and 270 of the federal hazardous*
waste regulations; (3) authorized to manage
hazardous waste by a state with a hazardous waste .
management program approved under part 271 of
the federal hazardous waste regulations; (4)
permitted, licensed, or registered by a state to
manage municipal or industrial solid waste; or (5),
a facility which beneficially nsos or reuses, or
legitimately recycles or reclaims Its waste or {reals
Its waste prior to beneficial rouse, or isgiiiinate
recycling or reclamation. .'••'.'' . : •'
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Federal Register / Vol. 58, No, 27:/ Thursday, February 11, 1993 / Proposed Rules
8113
In comparison, under the generator
requirements of part 273 (which are
discussed in detail in section n.C.2),
there would be certain requirements for
the condition of special collection
system wastes; storage of wastes would
be limited to one yean specific actions
would be required in response to
releases; "and exports of universal
wastes are subject to export notification.
Tha Agency notes, however, that one of
the current CESQG requirements may
actually be more stringent than the
analogous requirement imposed under
part 273. Specifically, CESQGs may, at
a minimum, send their waste to a
facility (other than a recycling facility)
that is permitted, licensed, or registered
by the state to manage municipal or
industrial wastes, while special
collection system generators may, at a
minimum, send their waste to a storage
facility that meets the requirements of a
consolidation point (see section H.C.4.
of this notice). Although there are
different requirements proposed for
consolidation points (for example """"
notification and recordkeeping), these
storage facilities would not be required
to obtain permits, licenses, or
registration from states (although under
state law states may require such
authorisation to manage these wastes).
EPA requests comment on whether the
burden posed by the Part 273
regulations would increase CESQGs'
regulatory requirements. ;
In addition, the Agency solicits
comment on whether, at some future
time, management of CESQGs' universal
hazardous wastes under the part 273
special collection system regulations
. should be requireck pPAlcurrsntly hasM
no information on the proportion of "
these Universal hazardous wastes th^t
are gefieraied by conditionally exempt
generators (versus generators of.inore
, than 100 kilograms' of hazardous waste
per month). However, the Agency
believes that CESQGs may account.for a
relatively large proportion of the
generating universe and/or account for a
large portion of the total quantity of ,
universal hazardous wastes that are
currently being managed in the
municipal waste stream. EPA requests
comment on what proportion of the
wastes for which special regulations are
proposed today are generated by /
CESQGs. Specific informatibn on the
generation rates of hazardous waste
batteries and suspended/canceled and
recalled pesticides wouldbe most
useful, v"'-'. "-'. •". ;'.'.- •-'.'•''-. *•. •'-'-''••' • • .*-•':"•'
14 Although CESQGs are in effect required to take
. similar actions to avoid pn-site disposal of released
'material which would require, at a Wifaihifrim, a ''
state license, permit, or registration under § 261.5."
One reason EPA would consider .. ~
regulating CESQG universal hazardous
waste Under the special collection .
system requirements is that; by
regulating all universal hazardous
wastes uniformly, and without regard to
the monthly quantities of hazardous '
wastes generated, implementation and
CESQG decision making would be
simplified with a minimal (if any)
increase in the regulatory burden
imposed on this large universe of :
generators. If universal hazardous
wastes generated by CESQGs were
regulated under the special collection
system regulations, confusion regarding
which regulations apply to CESQGs (the
conditional exemption of § 261.5, or the
. special collection system regulations of
part 273) mightbe reduced. (This
confusion is likely to result from the fact
that the wastes look the same regardless
of who generates them.) Therefore, the
Agency will consider regulating ••
universal hazardous wastes generated •
by CESQGs under part 273 based upon
comment received hi response to this
notice. The Agency specifically requests
comment on .whether it would be
simpler to require that all universal
waste (other than household waste) be
managed under the part 273 regulations
regardless of whether it is generated by
a CESQG or fully regulated generator.
EPA currently does not plan to
promulgate a final rule bringing CESQG
.waste under part 273 without first
publishing a supplemental notice on the
subject. -: ..•-.'"
Under today's proposal, managers of
hazardous waste batteries and returned
pesticides that are generated by CESQGs
.._nave the option of managing those -.'•'..'•,
wastes under the part 273 requirements.
If the universal wastes from CESQGs are
commingled with universal wastes from
larger .'hazardous waste generators, and
' the commingled waste is a hazardous
waste under 40 CFR 261.3 (i.e., is listed
or exMbits a characteristic), the .
commingled wastes must be managed 1
under either the part 273, requirements
or the full hazardous waste regulations
(parts 260 through 272). In today's
notice EPA is restating this result in the
part 273 regulatory text to clarify the
regulations'applicability for those
parties managing these wastes generated'
by both CESQGs and larger hazardous
waste generators. . .-'.:, -._ ..
• 4. Excluded Household Hazardous
Waste ••' .-• •]-•-'-••-.••••_•'--•'-• -^-.--."•
Hazardous wastes generated by '.,'
households are currently excluded from
the.definition of hazardous waste (40- -
CFR 261.4(b)ti)).T^er^re,'univ^rsa)[ V
hazardous wastes generated by . - •'..
; individual citizens at their households
, are not subject to the proposed part 273,
regulations, provided an establishmeht
managing the household-generated .:
universal hazardous wastes collects and
stores them separately from other; ,
regulated hazardous wastes. However, ' .
EPA -believes' that by proposing .today's
sunplified special;coUection' system
regulations, a person or estabh'shment
collecting universal hazardous wastes-
generated by households may be = <
encouraged to manage all of these ,
Wastes in accordance with the proposed ;
part 273 regulations (and thus avoid the
need to manage household wastes
separatelyjrom other regulated ;;•
universal wastes in order to retain their
exempt status). . ,=
Currently, persons or municipalities
operating household hazardous waste
collection programs must meet certain
requirements if they also collect . , ^
hazardous wastes from CESQGs (see 40
CFR 261.5(0(3) and"(g)(3)). Under.the •
proposed part 273 regulations, operators
of these programs would be able to.
'• manage,household-generated:univers.al
hazardous wastes, CESQ&generated,
universal hazardous wastes, and special
collection system hazardous Wastes
generated by fully regulated generators ,
under the part 273 regulations. _< • '
Operators of these programs would fall
within the definition of a consolidation
point. For example, if a municipah'ty
collects hazardous waste batteries from
businesses as well as private citizens,
the operators of the municipal/, .
collection program could elect to
; manage all of the batteries under the ;
' part 273 requirements, and therefore,
nee8 not limit their acceptance flf' ' ;.
batteries to those generated by CESQGs. :
- Such provisions should greatly siniplify '
requirements for household hazardous ••.;
wasteiCoilecUon-program's atflie^loeal •--
and municipal levels bfgovernmeht.' ."
• C. Proposed "Waste Management . -; '
_,- Requirements '; \ ''. ';'. /!'
1. Applicability of Part 273 Regulations
' Today's proposed regulations T^buld
regulate a limited set of hazardous
wastes, referred to as uhiversal '••'.' .
hazardous wastes,, that pose different ,
" waste management issues than those >
posed by other hazardous-Wastes. EPA
will determine the applicability of the ] '
part 273 requirements by the use'of
s defihecl selection criteria, which' are , .']•
I described in section n.B abovia. Ini ""- .-'-/ '
, addition to the spedfic types ,V*/ '-?
requirements. In the event th^t-E|>A V v'-". .'
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8114
Federal Register /?Vdl; 58, No. 27 / Thursdayi February 11, 1993*./Proposed Rules
determines that additional hazardous
wastes merit special collection system
regulations, EPA would develop
regulations for those wastes under part
273.
Today's proposal includes specific
regulatory language for two of these
universal hazardous wastes: Batteries
and suspended or canceled and recalled
pesticides that are hazardous wastes.
a. Suopart B—Batteries that are
hazardous wastes. Today's proposal sets
forth standards for the management of
hazardous waste batteries in subpart B
of part 273. Under this Subpart.
regulation pf the universe of hazardous
waste batteries would be simplified and
made more consistent.
As usad in today's proposal, the term
"battery" refers to a device designed to
generate electric currents, that is
comprised of positive and negative
electrodes made of electrically
conductive materials, and that may
contain a medium that separates the
electrodes. The term includes both
"wet" and "dry" batteries (i.e., those
that contain a liquid electrolyte and
those from which the liquid electrolyte
has bean removed, or those which
contain a solid or gelled electrolyte).
Batteries are generally described by
identification of the metals used in the
electrode (and sometimes by the type of
elactrolyta). For example, lead-acid
batteries are cells that contain lead
electrodes and an acidic electrolyte, and
nickel-cadmium batteries are cells that
contain electrodes made of nickel and
cadmium,
EPA requests comment on this
definition of "battery." Commenters
should state whether the definition is
clear and will be understood by those in
tha regulated community, and whether
the regulation should distinguish
between "wet" and "dry" batteries. In
addition, there may be other devices,
such as electric currant generators,
which could meet the definition of
"battery" proposed today. EPA does not
Intend to cover any electrical devices
besides those included in the common
understanding ot "battery."
Commentsrs should provide specific
wording that would limit the ;
regulation's coverage to those electrical
devices commonly understood to be
'batteries/' or state whether a separate
regulatory definition is even needed.
Tha proposed part 273 regulations are
applicable to all types of hazardous
waste batteries except lead acid
batteries, as discussed above. No
distinctions are made based on the
battery's size or the composition of the
electrode or electrolyte materials. This
result is intended to greatly simplify
hazardous waste battery management,
since there currently are a number of
exemptions that may apply, and
determining the regulatory status of a
given battery can be a complex
procedure. "~^~
First, waste batteries are hazardous if
they exhibit one or more of the four .
hazardous waste characteristics
identified in 40 CFR part 261, subpart
C. Sometimes, batteries may exhibit one
or more of the four characteristics, while
in other cases they may not. EPA
believes that batteries that do exhibit a
characteristic of hazardous waste
generally exhibit the characteristic of
corrosivity (40 CFR 261.22), the
characteristic of reactivity (40 CFR
261.23), or the Toxicity Characteristic
(40 CFR 261.24). The Agency believes
that lead-acid, nickel-cadmium,
mercury, silver, and alkaline batteries
may, at least in some instances, exhibit
the Toxicity Characteristic. Lithium
batteries may also exhibit the
characteristic of reactivity. Batteries
may also exhibit the characteristic of
corrosivity if they contain corrosive
electrolyte (see the discussion at 48 FR
14498, April 4,1983). ,
Currently, all generators of waste
batteries (even conditionally exempt
small quantity generators) must
determine whether these batteries
exhibit any of the hazardous waste
characteristics and manage any that do
exhibit characteristics in accordance
with the subtitle C hazardous waste
regulations. The Agency believes,
however, that waste battery
management programs that may develop
under the reduced requirements of the
special collection, system regulations
proposed today may be so simplified .
that generators may choose to manage
all of their waste batteries under such a
system. In effect, a generator complying
with the part 273 requirements would
be managing all batteries as hazardous
waste and' thus could choose not to
make a case-by-case determination for
each battery. In contrast, a generator
who chooses to manage batteries as
nonhazardous waste would have to have
a basis to conclude that they ere not
hazardous.13
EPA currently does not have
information on the percentage Of the
battery types discussed above that
exhibit hazardous waste characteristics,
or on other types of batteries that may
exhibit hazardous waste characteristics.
" Unused OT oS-spoclficaUon batteries that are
reclaimed are not solid wastes; thus, "they are cot
hazardous wastes, and an not subject either to the
'part 273 requirements or the full hazardous waste
regulations (S261.2(c)(3), and SO FR 14216, April
11,1965). Most persons, however, could simply
comply with part 273 without making any solid or
Hazardous waste determinations. .
The Agency may conduct a sampling . •
and analysis project to obtain more , ,
information on the types and quantities
of waste batteries that exhibit
characteristics. EPA welcomes
comments and data on what types of
batteries are hazardous wastes and
therefore, may be regulated under part
273. • . ' ; - - • ,.,,.,;...
Second, the part 273 regulations will
apply to hazardous waste batteries of all
sizes, ranging from button to small
cylinder to industrial size. Again, the
approach where all sizes of batteries are
regulated under one regulatory scheme
should greatly simplify waste battery
management' practices. EPA requests
comments on this approach as well.'
b. Subpart C—Suspended and/or
canceled pesticides that are recalled. -.-
Subpart C of today's proposed-rule, :
creates a regulatory framework under
RCRA for management of pesticides that
are recalled. Specifically, it would
establish requirements for pesticides
that are suspended or canceled under
section 6 of the Federal Insecticide,
Fungicide, and Rodenticide Act (FJFRA)
and recalled, end that are collected for
recycling or disposal.
To understand the basis for inclusion
of recalled pesticides, it is important
that readers of today's proposal
understand the relationship between the
authorities of RCRA subtitle C;and
.FIFRA.alsp^adminiHteredbyEPA. .;
Briefly stated, F3PRA regulates .
pesticides from initial distribution by
producers to ultimate disposal; RCRA
regulates hazardous wastes of ail types,
including pesticide wastes, from cradle
to grave. The nexus of these (two statutes
is the point at which a pesticide under
FIFRA becomes a htizardous waste
.under RCRA. At that point, both FIFRA
and RCRA requirements may apply to
the pesticide waste.
Prior to 1988, the overlapping
authority of FIFRA and RCRA created
few problems. The characteristics pf
pesticide use are suidi that pesticide
wastes are ordinarily generated in small
quantities by a largs number of
individual users such as fanners or
householders, persons who are exempt
or for whom special RGRA provisions
have been created. Moreover, prior to ,
1988 EPA tad no direct authority imder
FIFRA to regulate the -storage, disposal
or other disposition of a pesticide.
(Indirectly, EPA could regulate through
its labelling authority.) Recommended
procedures for pesticide storage and
disposal are contained in 40 CFR part
165. Thus, if a pesticide product became
a hazardous waste, it was (and is)
regulated primarily under the authority
of RCRA. .
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Federal Register / Vol. 58, No, 27 / Thursday, February 11> 1J893 / I^oposed Ifoles 8J1J5
• Although 'any pesticide when
discardedbecomes a waste (which may
be hazardous), the suspension or
cancellationof a pesticide by the :|
Agency can generate large volumes of'
pesticade wastes. FIFRA aaction 6 •
allows,the Agencyto remove pesticide;
products from the marketplace for :
adverse health or environmental effects;
Under that section, EPA may suspend or
'cancel the registration of the product
(the registration is a license permitting
marketing). Suspension is an immediate
cessation of sale, distribution and use
and is undertaken concurrently with
cancellation, a lengthier administrative
process generally resulting iid a • ' ''
permanent renioval of the product from
the market. Cancellation may also take
place without prior suspension.
However, FIFRA section 19 contains
specific authorities to address pesticides
that are suspended and then canceled.
In 1^988, amendments to FIFRA '
section 19 greatly expanded EPA's
authority over the storage, =
transportation and disposal of
- -pesticides, including requirements
addressed expressly to suspended and
canceled pesticides. Under that section,
EPA is authorized to require, among
other things, the recall of suspended
and canceled pesticides. In situations -;
where a section 19 recall is not .
authorized (because the pesticide has
not been both suspended and canceled),
the Agency may engage in a recall of a
pesticide that has been suspended or ;
canceled, or a product that is in
violation of FIFRA because of product
or labeling deficiencies. These latter
recalls, requested, or negotiated by the
Agency,.may have all the characteristics
of a mandatory recall under. FIFRA- ,{
. section 19t including recordkeeping and
reporting, a high level of stewardship
for the recalled pesticide, and =
requirements for proper storage and
disposition. The .special, collection ,
system rules proposed today would
cover both.types of recaUs-^-those of :
suspended and canceled pesticides ,
authorized by FIFRA, section 19, and
those undertaken by agreement between
the Agency and a registrant .for other ,
reasons. It should be noted, however,
that if the pesticide holder elects to
participate in a recall, and the person
conducting the recall has not yet made
a decision to discard the pesticides that
are subject to the recall, the pesticides
are not solid wastes. .....
The ^Agency mil shortly prppjpse
regulations under FIFRA governing
suspended and canceled pesticides, •
including requirements for a recall
program.. Under those .regulations!, the-
Agency would establish requirements
for voluntary and mandatory recall
programs, including responsibilities of
registrants,.others in Jibedistribution' !
chain, and holders of suspended; and, !
canceled pesticides. -•'•'' -
. Today's RCRA proposal will be . "•
coordinated with the upcoming FIFRA
recall regulations, with the goal of '
reducing inconsistencies and potentially
overlapping requirements for suspended
Jand/or canceled hazardous, waste
pesticides.: '; .: ' "''- /
As used in today's proposed rule, !
references to pesticides that art)
"canceled" and/or "suspended" have
the same meaning that is used In FIFRA.
To meet the applicability criteria of part
273, the pesticides must be; (a) Fart of
a voluntary or mandatqry recall under ;
FIFRA section 19{b); of (b) owned by a
registrant responsible for conducting a
recallBunder FIFRA and pflirt of;i ••'-'
voluntary or mandatory wall under '
FIFRA section 19(bj; pr (c) pait of a ".;
registrant-conducted recall of a canceled
or suspended pesticide.;
EPA wishes to clarify here that the '
existing regulatory exemptipn for
fattriers disposing of waste pesticides '
from their own use on their own farms
would remain unaffected by the
regulations proposed todayi Under this
exemption (40 CFR 262.70); farmers
disposing 6f waste pesticides that are
hazardous wastes are not required to
comply with parts 262 through 268 or
270, provided they triple rinse each
emptied pesticide container in
accordance with § 26i.7(bj(3) and
dispose of the pesticide residues on
their own farms, in a manner consistent
with the disposal instructions on the
pesticide label. The requirements
proposed today do not supersede this -
exemptipn/ ; • •'• ; ;': •"'',-' '•-''-•-•>-,
2, Generator Requirements \, ,
In developing the part 273 regulations
applicable to generators, the Agency •;
considered a number of control options.
Although the regulatory language •
proposed today includes only a limited
number of specific provisions for •
generators of special collection system
wastes, other options considered for
regulation of generators are also -
discussed below. The general ' -•-".' '
requirements proposed today for
generators are analogous to those •
proposed for transporters and'* "
consolidation points. The following
•discussion refers to the generator ' • ;
requirements; however, the issues are
similar for transporters and ' / ' '
consolidation points:. The Agency^ :
requests comment on the '.;!,.• ^:
appropriateness and protectiveness of *
all the options discussed for generators
and also for transporters and " -,'' ;
consolidation points. ' 1
'Today's proposal includes a piunber
of provisions.that ; would be. imposed,,'
directly o,n generators of hazardous ' '
waste batteries or recalled pesticides. '..-,
Each of these provisions is discussed
' '' ""'
. ,,,, .• . . •.... .-^.
ct. Wast&gerieration. ^^ Since 'th0 .; i
number of generators is sp large, and tbe
variety oSfacjtivitiesittie generator are
involy^ in is so wide, EPA believes it'
is essential to explain in one place how
a battery of recalled pesticide becomes,
atwaste, and how to determ.ine. whether
it is a hazardous waste. The ''wieais it
a waste" concept, for batteries and .
pesticides, is explained below, and is ,
also defined in the regulations that ; ' "
apply to each of these waste types.
As with'any hazardous waste, the
generator of ;these special collection ,
system hazardous waste? is? the person,
by site, whose act or process first causes
the material to become a solid waste.
(and thus, a hazardous waste) subject to
RGRA regulation 'jseo the definition of
generator at;40 CFR 26Q;10). - ,:: •>
The generator regulations proposed •
today yiclude specific language: ;\,, ;
clarifying when eaehitem otmaterial '.
becomes a solid waste. This language is
crafted-to identify the point at which a
particular, material becomes a waste, but
not tp amend or revise that : ; ...'..;
determination as it is currefltly set forth
in 40 CFR 261.2. For batteries, a used '*
; battery generally becomes a solid waste
when a generator permanently removes
it from service (for example, by
removing it from the apph'ance or •
equipment in which it has been used).**:
An unused battery becomes a solid' •"
waste when the generator decides1 to ; •
throw it away (for exanipld, by •
disposiEg of the battery on tlie'larid or :
incinerating it). Unused batteries •••>']
(wMch, under" the regulations, are /
considered commercial chemical •'•'•'-
products) which are reclaimed are not'
solid wastes under § 261.2(o)(3)i See " •'
also 50 FR 142:16, April 11, 1985. Waste.
batteries are hazardous wastes if they ••
exhibit any of the four characteristics of
hazardous waste set forth in; 40 CFR part
261, subpart . C (ignitabiuty, reactivity,
corrosivity, or toxicity). • ;, ; • . -.'.
For suspended or canceled and ' .
recalled pesticides, the point at which
the recalled pesticide becomes a waste
depends oh when a decision to discard
it*7 is maderiMs dedsion miglit be
I6ln the casa'of appliances with built-irf batteries
that canco.t be separated or removed &om the; :
appliance itself, tha generator must determine the,
regulatory status of the en lira, appliance. : . ,' j
"hbwev^, if to xinjised! ^esft'cicie fc jb^e" 77
reclaimed, or used in a manner consistent with its
normal ase, under 46 CFR;261.2(c){3) or :f '-,•.';< '
261. 2(c)(l)(ii), respectively, it is not( defined as a i
'
-------
There ere no analogous packaging or
physical condition requirements
included to the proposal for batteries.
The same requirements for physical
condition of pesticides are imposed on
generators, transporters, and >
consolidation points; however, they are
discussed in detail in the preamble only
in this discussion of the generator
requirements, .
To limit the potential health and
environmental hazards associated with
recalled pesticides, the Agency is
proposing that generators may manage
8116 Federal Register /Vol. 58, No. 27 I Thursday, 'February II.,.- 1993 /-Proposed Rules
made by either the pesticide hplder or
the pesticide's registrant, and in a recall
situation determining "when is it a
waste" can be somewhat complex.
A pesticide holder who has decided
not to participate in a recall, but who
wants to dispose of the pesticides in
another manner, is the generator
because the holder has decided to
discard them. If the pesticide holder
elects to participate in a recall in which
the parson conducting the recall has
already decided to discard the collected
postiddos. the point the holder decides
to participate in that recall (and, for
FIFRA section 19(b) recalls, notifies the
registrant of his decision) is the point at
which the pesticides become wastes. At
that point, the pesticide holder becomes
thagenerator.
However, if the pesticide holder elects
to participate in a recall, and the person
conducting the recall has not yet made
a decision to discard the pesticides that
are subject to the recall, the pesticides
are not solid wastes.
Finally, if the pesticide holder elects
to participate in a recall at a point where
tho p-arson conducting the recall has not
yet docided what to do with the
collected pesticides, and later on, the
parson conducting the recall decides to
dispose of them, the pesticides become
wastes at that later point If they are still
in the holder's possession at that point,
the holder is the generator (although the
person conducting the recall could be
viewed as a co-generator, who shares
potential RCRA liabih" ty). If they have
already bean collected or are at some
point in the collection chain, whoever is
in possession of them at the point the
decision to discard is made is the
generator, along with the party who
makes the decision.
Further, it should be noted that
unused waste pesticides are hazardous
wastes if they exhibit one or more of the
hazardous waste characteristics set forth
In 40 CFR part 261, subpart C, or if they
ara listed to 40 CFR port 261. subpart D.
6. Condition of wastes. Today's
proposal includes packaging and
physical condition requirements that
recalled pesticides must meet to qualify
for the conditional exemption of part
273, (However, hazardous wastes that
do not meet those physical condition
requirements may still be managed
under the parts 260 through 272 full
hazardous waste management "
requirements that currently apply.)
•olid wail*. Undor 40 CFR 2B1.3(a). materlab that
or* not toUd twtcM ara not hazardous waste*. Thus,,
unUMd p«»Udd«» that are reclaimed or us^d in a:
BUUUMT cooililent wtth noraial u» are not •
btxardoui wake*, and would not be «ubjoct to part
873 or any of the RCRA hazardous waste • ••
pesticides that are either: (l) Packaged
in their original packaging, which may
be either a portable container or a
stationary tank, that is closed and not
leaking; (2) packaged in their original
packaging and overpacked in a larger
container that is closed and non-leaking;
(3) contained in a tank that meets the
hazardous waste tank requirements; or
(4) contained in a transport vehicle or
vessel.
EPA is today proposing this range of
containment options in order to allow
flexibility in choice of packaging and
tank storage. However, there is a
significant issue associated with the
pesticide containment provisions.'The
stationary tanks that were used to hold
the pesticide when it came down the •
distribution chain as a product may not
be available to hold the pesticide once
it is a! hazardous waste and is being
recalled. When the pesticide is being
distributed for sale, there are significant
incentives to .contain the pesticide
carefully and use only tanks that are
. structurally sound and not leaking.
Once the pesticide becomes a hazardous
waste, however, the same incentives BO
longer exist. In a recall situation, the
hazardous waste pesticides that are
consolidated at dealers'and '
distributors' locations may need to be
-placed in tanks (although they could
also be stored in portable containers
such as 55-gallon drums, or in transport
vehicles or vessels), The dealers' or
;distributors' tanks may already be filled
with other.pesticides, that are not
subject to the recall, and there may ba
few available tanks in which to store the
recalled pesticide, EPA is concerned
that the available tanks may not be -
structurally sound, may not be •.•-••
compatible with the chemical. ,
composition of the recalled pesticide, or
for other reasons would not pe
appropriate to use for storing the \ ,
hazardous waste pesticide for a period
of up to one year. EPA believes that
storage in tanks that were used to
contain thatiSame pesticide when it was:
being distributed for sale would be
adequate. (This option is found in, the
proposed regulations at .
§ 273.21(b)(l)(i).) As noted above, the
generator also has other storage options
available, end thus EPA believes the
proposed requirement in its entirety is
practical. EPA requests comment
specifically on this provision, and on
whether there are. omer options that
would also be;environmentally.
protective. In addition, EPA requests
comment on whether the second :
packaging option (packaged in original:
packaging and overpacked in a larger
container) should bo expanded to
include any repackaging technique. In
other words, should the regulations
allow recalled pesticide handlers to
repackage hazardous waste pesticides
from original packaging into other*
different containers (physically
transferring the pesticide from its
original packaging into a different
container)? Would allowing (this ' ",'
practice create potential pesticide
spillage problems? ' •* :'
c. Storage. Another set of j arovisibns
proposed today for 'generators 'involves'
storage of special co lleciibn system
wastes and is derived from the land
disposal restrictions of RCRA section '
3004. EPA is proposing that managers
handling these wastes under the special
collection system 'regulations comply
' with all of the substantive laid disposal
restrictions requirements, but not the
administrative requirements of § 268.7
(notification fend recordkeeping).18 The
current land disposal restrictions' * -^
requirements are discussed below m
section H.C.7. of this preamble, entitled
land disposal restrictions. • ; ~'
The Agency has determined that the
RCRA section 3004(j) prohibition on
storage of land disposal restricted
wastes must be included in the '-'
generator requirements (and also in the
requirements for transporters and
owners/operators of eonsolidatipii
points). This requirement for generators
is proposed as an BxpUcit'stoirage time '
limit (up to one year). For the special ''.
collection system regulations, EPA
chose to simplify the existing regulatory
language at 40 CFR 268,50 to '
accomplish the same'result as the !' °
§ 268.50 requirement (allowing the
accumulation of hazardous* wastes only-"
for the purposes of facilitating proper
recovery, treatment or disposal). The
simplified language eissiimes that the '
generator's sole reason for storing the
'° The reduced requirements of part 273 would bi .
available only to ijaiardouii waste handlers wJso
comply with tho part 273 requirements;-if not in
compliance with the part 273 requirements, tha ' '
handler niust manage the hazardous waste fa"
accordance with the full parts 260-27:( '"'• '' *." •
requirements. ' ; ;' : ; ;
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Federal Register / Vol. 58, No. 277 Thursday, February 11, 1993 / Proposed Rules,
8117.
special cpllectipn: system hazardous
wasted, for up to one year, is to ;"-'.•
accumulate the quantitie.s necessary for •'
proper re^oveYy, treatment br disposal.
However; EPA is not reopening the;. •
public comment period for theTgeneral
question of the land disposal; ' !,
restrictions storage prohibition; EPA is
- only requesting comment "on the specific'
question 'of how to address the statutory
land ban storage prohibition for special
collection system wastes; . . , ;
In order to enforce the one-year
storage limit, today's proposal includes
a performance standard which would
require generators to demonstrate that
theirspeeial collection system wastes
have not been stored for more than one
year frbm the date they became wastes.
Generators could use several options to
make this demonstration. Fbr example,
•-•• EPA believes that generators of small
1 quantities of ba'tteries'or a limited ;
number of containers full of recalled
. pesticide, may choose to simply mark
each waste item with the date it became
a waste. However, for generators of
larger quantities, a marking system may
be impractical. Instead, such generators
may choose to designate specific areas
for storage of tiiek, special collection
system hazardous wastes that became
wastes at various times. The proposed
regulation would also allqwthe use of
an inventory system to achieve,the same
result. Are there other techniques that"
generators could use to demonstrate that
their special collection system wastes
have been stored.for less than pne:year?.
EPA is interested in commenters' views '
on these or other specific techniques -
that would enable generaiprSjOf these
waste Hems to demonstrate; that they are
storing the wastes fqr less than, one year.
d. Notification, EPA is proposing to
require generators storing more than
20,000 kilograms of hazardous/waste
batteries at any time to nptify EPA of
their waste activities. This notification
would consist of a Jetbr to the EPA.
Regional Administrator, identifying the
generator's facility.19 EPA would-then
assign an EPXldentificatibri Nurhtper to ,
the generator. ,
Currently,-generators of more than.
100 kilograms of hazardpus wastes per
month are required to'.obtain an EPA
Identification Number (a twelve-digit
number that EPA or state agencies
assign to hazardous waste handle?rs).
Generally, generators and other. ",, ,
hazardous waste handlers obtain the
identification number by submitting a
form :which includes basic infornjatipn
19 Alternately, the generator could complete .EPA
Form 870Q-:i 2, "Notification- qfJRegulated Waste •
Activity," ty-cjiecking'.the box indicating that he or'
she-is a hazardous waste generator.. .r: -,, -/ ..- -
.aboutthe facility and waste ; .
managementActivities. Thus, the "''."-
notification requirement proposed today (
is similar to the existing requirement, *
but would apply to ah extremely small
fraction of the generators wfap. are .
currently required to notify and obtain
an EPA Identification Nuniber., '"_"-.
EPA believed that, since" there Would
be no cradle-to-grave tracking systent for
special collection system wastes under '
the proposal, notification is necessary to
identify only those parties managing.
very large quantities of hazardous waste
batteries. Without some, form of :
notification, state agencies and/or EPA ",..
would have ho knowledge pf the
identities and locations pf facilities.
storing these large quantities of these
wastes, and thus would not be able to
inspect these facilities to ensure.'.'•"',,"
compliance. Through such inspectibris,
facilities that are managing' wastes
improperly can be required to come into /
compliance to prevent incidents of., -'.
environmental damage.:
However, the population of generators
of hazardous waste batteries is quite .
large; thus, for administrativei reasons,
EPA believes that it is necessary to limit
the notification requirement to only
those generators managing significant
amounts of these wastes. To accomplish
this, the proposal would required
generators storing more than 20,000
kilograms of hazardous waste batteries
to notify. EPA believes that generators pf:
smaller quantities, will send their wastes
to a nearby location, through routine ,
pickups, in order to consolidate many
generators' wastes in quantities. .;
sufficient to aUow economical' ;
shipments to more distant treatment,.
recycling or disposal sites.. It is likely' •
that only the largest generators will
accurnulate enough wastes bri-site in
order tb make long-distance shipments ;
economical. The20,000 kilogram
quantity proposed today for batteries
(whichlis slightly more than 44,000
pounds) roughly corresponds: toi the .
weight of a typical fully Ipaded highway
'transport vehicle'. This limit is designed '
to require notification froiti generators
who would be accumulating extremely
• large quantities "of hazardous waste
batteries for long-distance transport.
. EPA< expects that the vast majority of
the battery generator population will be
:in the commercial, agricultural, '
governmental,' service, medical, an,d/or
.educational sectors of'society. For-
admmistrative"reasbns,'it IS somewhat
impractical to attempt tp catalog all of :
the hazardous waste'geiieratorspreserit
throughout the cpuntry by requiring':;-- "
them to notify EPArqr state agericitis, ;'••
and then assigning them Identification;'
Numbers to keep track pf their activities
in databases. FJPA. requests, comments ojtl,
this approach arid on any other - ','^'1
approaches tiiat may be apprppriatQ,'.' i
Generators of hazardpus waste'",'-.','.,.'..'.''
pesticides .wpUld ript be required to. ,v ~
notify,, urijder tbolay"s proposal, beqaiiise.;,
EPA expects,that the, larger geri^ratorg '
who are cpmmertiial applicators pr,, i ,
distributors would alrjaady be.notifyirig
EPA and state.iagencies under tte FIFRAJ
section 8^) policy (see the proposed! ,
policjr at 5,6 FR 13042, March 2811991,''
discussed further in this preamble ui:: -
section H.C.4J. =; .
Would different quantity limits for
hazardous waste batteries be ' . . '
appropriate? For example, if EPA set the
notification quantity limit at a level that
would be slightly above the quantity '
held in a typical transport vehicle, then
it is possible that no parties managing ,
the special collection system batteries ,
would ever notify EPA (except fprtije ' "
destination facilities, that receive the
wastes for treatriientirecyclmg or'. ; ';.
disposal, who are already required' to
notify), On the other harid/if EPA s^is
the notification quantity liriait ' -t'..,'..;
sigiiificariily less;'than the quantity helcl
in a typical trarispbrt vehicle, then a * '
very large number of parties wqul«i be";.'
required to notify, EPA requests . ^
comments On the .notification quantity
limits being proposed today, and'on the
proposed approach not tb require ;
special collection system pesticide
waste generators to notify. ,.
e. Prohibitions. Generators would be
prohibited from diluting or disposing of
special collection system hazardous
wastes on-site. Under the current land :• •
disposal restrictions regulations at 40'
CFR part 268, dilution to riiset the land
rdisposal restrictions' treatment standards
is prohibited under § 268;3(a}. See 55 FR
22656-57 (June 1,1990). the •' V'1:. -.- */-'
jprohibition in today's' proposal!is tb"e! ' :
mechaiiisrii to continue the existuig '•''•':
'dilution prohibition under the cUrrent ;
land disposal restrictions regulatipris> . -
' arid to cbntinue the existing statutbryf / *•'
"prohibition bn;placing hazardous wastes "
on the land without treatment. ; "
Iri addition", treatment of :the wastes :• '
would be prohibited (except that !
treatment that is necessary to resporid to '
releases,-or treatment of battery ' ' '
'electrolyte that is allowed under the' '
current hazardous waste generator '"-'
"requirements). These requirements' are
designed to ensure that only storage I • '
transportation; and consolidation'are •
conducted at the locations in ttie special
'collection system that are subject to •
reduced requireriients, and;alsp erisures V
that generatbrs:(a'rid sijnil^Iy, ,;tt :^-K"
transporters.arijt^consolidation points)'•',-.•„',•;,
do not manage these special icoHeotion;'
system wastes'iii-a way that wbuldbtf '-, v'..
-'
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8118
Federal Register / Vol. 58, No. 27 / Thursday, February 11, 1993 / Proposed Rules
out of compliance with the substantive
requirements of the land disposal
restrictions.
Generators are further prohibited from
sending or taking special collection
system wastes to any place other than a
consolidation point (for storage and
consolidation) or to a destination
facility (for storage, treatment, recycling,
or disposal). (Those terms are defined in
proposed § 273.3.) As discussed below
in section H.C.4, under part 273,
consolidation points would be subject to
requirements similar to the part 273
generator requirements, and destination
facilities are interim status or permitted
treatment, storage, recycling, or disposal
facilities, or recycling facilities that do
not store the wastes prior to recycling.20
The Agency is not proposing a tracking
system to ensure delivery to such
facilities because tha recordkeeping
burden of such tracking systems might
discourage participation in part 273
collection programs. However, each
party would have to keep appropriate
documentation, such as business
records, to show that they are staying
within the terms of part 273.
This prohibition is imposed on all
. entities in the special collection system,
including generators, transporters, and
consolidation points. As each entity is
only allowed to send the wastes to
another entity within the system (who is
similarly limited to sending the wastes
to an entity within the system), this
prohibition would ensure that the
hazardous wastes are entered into the
special collection system by the
generator, and then continue through
the system and eventually reach a
treatment, storage, disposal or recycling
facility that is subject to the full
hazardous waste regulations, including
the land disposal restrictions.
Generators may transport the hazardous
waste themselves (in which case they
would also be subject to the part 273
transporter regulations proposed today),
or may contract to have someone else
transport tha wastes.
The Agency requests comment on the
protectiveness and practicality of the
prohibitions described above.
/. Waste management. Today's
proposal contains certain specific
provisions for hazardous waste battery
management, and general release
response and employee training
requirements that are common for
"Hinidoui Waste rocydlng facllltloj (other than
thoM £adli'.iM that bum Eazanlous wastes for
enwgyi
obtain!
haxttdoui waite« prior to rocydlng them. A permit
is required for the storage units but not for the
recycling activity.
*w4i*4tw» u*«i wu&M irm« aimmw «T»»ICTB «w»
j recovery) an currently only required to
i a lulXlL'sC permit If thoy store the
generators of all special collection
system hazardous wastes.
For hazardous waste batteries, instead
of specific packaging requirements, or
requirements that the batteries be in a
specific physical condition (e.g., intact
and not leaking), EPA is proposing a
requirement that generators and other
handlers manage the batteries in a way
that minimizes releases of any battery
components. Outdoor storage of
batteries with plastic casings can allow
the sun's ultraviolet radiation to cause
deterioration of the casings, with the
potential for a release of the battery's
components. Thus, a general
performance standard requiring
management practices to minimize
releases of battery components should
prevent poor management practices that
could lead to significant environmental
damages.
For all of the special collection system
wastes, there is a need for personnel
training to make a generator's
employees aware of potential safety
hazards posed by the wastes. EPA is
proposing a requirement for basic
training on potential safety hazards
posed by the special collection system
wastes. This proposed requirement is
adapted from the current small quantity
generator personnel training
requirements (at 40 CFR 262.34(d)(5)),
and is a reduction of current
requirements for large quantity
generators (40 CFR 265.13, cross-
referenced at 40 CFR 262.34(a)(4)). The
Agency requests comment on whether
these requirements should be further
reduced or eliminated.
In addition, EPA is proposing a
release response requirement for
generators and other handlers. For
example, hi the event of a release of
electrolyte at a waste battery generator's
facility, the generator would be required
to immediately contain all released
wastes and appropriately manage the
released waste and any contaminated
environmental media or other materials
resulting from the release. The generator
would be considered the generator of
any hazardous wastes produced during
response activities and would be
required to comply with 40 CFR part
.262 for management of these wastes.
These requirements proposed today are
already imposed on generators of more
than 100 kilograms of hazardous waste
per month (see 40 CFR 262.34, which
references part 265 subparts C and D).
The above training and release response
requirements era proposed in lieu of the
otherwise applicable training and
emergency preparedness'and prevention
requirements (40 CFR 265.18 and
subparts C and D of part 265) because,
given the circumstances where only
universal wastes ara handled, the
Agency believes that this general •
performance standard is sufficient to
protect human health and the
environment.
It should also be noted that under 40
CFR 264.1(g)(8), 265.'i(c)(ll), and
270.1(c)(3) (see 48 FR 2509, January 19,
1S83), a person conducting an
immediate response to a release is not
required to obtain a permit .under 40
CFR part 270. However, any continued
storage, treatment, or disposal of.
released materials ;and cleanup
materials would not be exempted from
the full subtitle C hazardous waste
management regulations. The release
response requirements proposed today-
would be consistent with the current
regulations (40 CFR 264.56(g) and
265,56(g)).
EPA also notes that certain reporting
requirements under CERCLA, codified
in the regulations at 40 CFR 302.6,
apply to releases of hazardous
substances, including wastes that
exhibit a hazardous waste characteristic.
Reporting is required for releases of
more than a "reportable quantity." 40 .
CFR 302.4 and 302,6 identify reportable
quantities for hazardous substances. For
example, the reportable quantity for a
waste exhibiting the toxicity ;
characteristic due to the presence of
cadmium is one pound. Persons
managing wastes under the special,
collection system continue to be subject
to these CERCLA reporting
requirements.
g. Exports. The final requirement for
generators (which :ts also imposed On
transporters and owner/operators of
consolidation points) is compliance
with the export notification and consent
requirements mandated by RCRA
section 3017, EPA expects that,
typically, generators are unlikely to
generate large enough quantities of
special collection siystem hazardous
wastes that they will be exporting the
wastes themselves, However, in the
event they do wish to export their
special collection system hazardous
wastes, they must comply with the
export notification and consent
procedures of 40 CFR part 262 subpart
E (although they would not need to use
a manifest for the shipment). These
generators (except for generators of lead-
acid batteries, and generators of used
batteries being sent for regeneration,
discussed below) are already currently
regulated under tho part 262, subpart E
requirements (which do require use of a
manifest with the shipment).
In cases where the registrant decides
to export a suspended or canceled and
recalled pesticide to a foreign country
for use as a pesticide, the RCRA export
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Federal Register / 'Vol. 58, No. 27 / Thursday; February 11. 1993 / Proposed Rules
8113
" regulations do not apply because the
pesticide would not be a solid or
hazardous waste. (Unused commercial
chemical products that are used in a
manner constituting disposal are not
solid wastes under CFR 261.2(c)(l)(ii) if
• land application is their ordinary
manner of use.) Instead, in such
situations the requirements of FIFRA
section 17(a) apply to the registrant.
These requirements include providing a
notice to the foreign purchaser that the
product is not registered for use in the
United States and cannot be sold in the
United States. The foreign purchaser
must sign a purchaser acknowledgement'
statement indicating that it is aware of
that fact, A copy of the
acknowledgement statement is to be
submitted to EPA and thereafter is '_.
transmitted to an appropriate official of
the importing country. The product to
be exported must also be packaged
according to the specifications of the
foreign purchaser.
The Agency requests comment on the
application of export requirements to ,
generators of speeial collection system
wastes. , .'"" -
h.f Other generator requirements
under consideration. Other options that
the Agency is considering for regulating
generators (and, similarly, transporters
and owners/operators of con|j>lid,atipn
points) are discussed below. The
Agency points put that although the
limited regulations proposed today may
be appropriate for the specific types of
wastes discussed here (hazardous waste
batteries and recalled pesticides),
different regulatory options may be
appropriate for other types ofwastes.
The Agency requests commeivtpn the
specific regulations proposed for ' :
batteries and returned'pesticides, as ;
well as pn requirements that would be
suitable for additional wastes that
commenters beh'eve are apggujriately .
regulated under part 273. ~ V'.
Under tpday's proposed regulations,
generators of special collection system
hazardous wastes are not subject to any
recordkeepirig requirements for
.. knowing their wastes' destination. This
is a significant reduction of the current
recordkeepihg burden placed on these
generators. For instance, geSerators'of
all batteries that are hazardo^-wastes
•-• (except lead-acid batteries beteg
reclaimed and used batteries sent for
regeneration) are currently subject to.the
uniform hazardous waste manifest
requirements. These genejafors would
no longer be required to coinp/y with
the hazardous waste man%s%g
. requirements if they are in cbnipliance
with the part 273 regulations, £PAisv
- proposing this reductionTa paperwprk
tp encpurage participation in part 273
.collection" prpgrams; As collection
programs are established and expanded,
, participation may come to include
parties currently managing their waste. .
in the municipal waste stream. Thus,
the overall effect of the reduced
requirements may lead to larger
numbers of generators sending their
waste into protective systems.
•The Agency is aware that without
some form of tracking system,
generators have no assurance that
shipments of special collection system
wastes reach then1 intended destination.
EPA is aware that generators may be
concerned about potential Superfund21
liability for shipments that do not reach
their intended destination and instead
are improperly managed. As an
alternative to today's proposed
approach, the Agency requests comment
on the need for a tracking system or
recordkeeping requirements for
generators, and on the form any tracking
systems should take. ,,
Finally, EPA is considering a phased
approach to imposing technical stPrage
requirements, tailored to address the
specific potential environmental '
problems that could be caused by
special collection system wastes. After
reviewing the current subtitle C
technical storage requirements, and '
comparing those requirements to the
specific hazards that may be posed by
the practice of accumulating large
quantities of special collection system
wastes in one place, EPA is concerned
that some of the current subtitle C
requirements may be inappropriate for
the specific problems posed by certain
universal wastes. For example, the :-
current subtitle C requirements require"
that containers holding hazardous
wastes be closed except when adding or
removing waste (see 40 CFR 265.173k
However, for hazardous waste batteries
that evolve hydrogen gas, a generator
who chooses to store his or her used
batteries in an enclosed container may
in fact increase the potential for a fire
or explosion. '
ThusVEPA is not proposing technical
storage standards tPday, but instead
intends to wait until after promulgation
of the final special collection system
rules in order to allow collection
systems to develop, and in order for
waste handlers to develop common-
sense, practical management techniques
that would minimize potential safety
and environmental hazards. At that
point, EPA would review the need for
imposing technical storage
requirements, and, if requirements are
necessary, would propose and then
zl Also known as the Comprehensive Emergency
Response, Compensation and Liability Act
promulgate them. Since many universal
wastes are not currently managed ',';.- ,
together in large amounts (and instead
are dispersed throughout the municipal
waste stream, or are managed in other X
ways, such as in public sewer systems),
it is difficult to predict what specific
technical management requirements
would be necessary. EPA is considering
awarding a grant to one of the first
RCRA-authorized state agencies that
adopt the final special collection system
rules, in order fpr that agency to
encourage the develppment of stata-
wide special cpllection systems, pbtain
practical implementation experience,
and then make recommendations to
EPA about .the need for specific
technical requirements for the various
special collection system wastes. (In
.addition, it may be possible for the state
to recommend modifications tp the ;
special collection'system, administrative
requirements.) . '•'• ;
As another specific example of hpw '
sudden changes to current waste :
management practices cpuld potentially
cause problems in managing universal
hazardous wastes, consider the situation
with lead-acid battery storage at
collection points not reclaiming the
batteries. (Although we are not today
proposing any additional requirements
for lead-acid battery storage,' this
example is useful because it illustrates
the potential problems with imposing
new technical requirements for specific ,
wastes.) Lead-acid batteries-are a source
of hydrogen, a highly flammable gas that
evolves as a result of the chemical
reactions occurring during use of the ,
battery. Current RCRA requirements'do :
not specify any stPrage standards fpr
facilities cpllecting used lead-acid
batteries fpr reclamatipn (provided the
batteries are not reclaimed at the storage'
facility). Typically, ttie used batteries
may bevstored outside, where any -
hydrogen present can easily dissipate.
However, bills have been introduced in
the U.S. Congress that would require
lead-acid battery retailers to accept lead-
acid batteries back from consumers. In
a crowded .urban area, there may be no
available space for outdoor battery -
storage; as a result, the lead-acid
batteries returned from consumers
wpuld be stored indoors, where the
evolved hydrogen gas could accumulate
in an enclosed, unventilated area, and
present a significant fire hazard.
Although there do riot appear to be
significant problems occurring under
the current system,.a radical change in
used lead-acid .battery management ...:
techniques could create potential safety
hazards that are npt present under the
current system. ;• ',... "• Y .
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8120
Federal Register / Vol. 58, No. 27 / Thursday, February 11, 1993 / Proposed Rules
The Agency requests comment on the
phased approach, for Implementing
technical storage standards discussed
above, and also on whether there should
be additional requirements included in
the final part 273 rules for storage of
particular special collection system
wastes that pose special hazards.
S.Transportar Requirements
Today's proposed regulations for
transporters of special collection system
wastes include five provisions that are
generally the same as five of the
provisions proposed for generators of
special collection system wastes (these
include requirements for condition of
wastes, storage, prohibitions, waste
management, and exports). Each of
these requirements is discussed in detail
in the generator section above, as are
other options considered by the Agency
for regulation of these wastes. The
Agency requests comment on the
application of these provisions to
transporters, and on the same issues and
options that are discussed in the
generator section.
The proposed requirements
concerning condition of wastes are
similar to thoso proposed for generators.
There ara no specific requirements
proposed for the condition of batteries.
However, pesticides would be required
to be contained in original packaging,
overpacks, or in transport vehicles or
vessels.
The storage limitation for transporters
is somewhat different than that imposed
on generators. Transporters who hold
tho hazardous wastes temporarily
during the course of transport may hold
the wastes at a loading dock, parking
area or other location (transfer facility)
for no longer than ten days. The ten-day
limit on temporary storage during the
course of transport is analogous to the
current ten-day limit imposed on
hazardous waste shipments under the
full part 283 hazardous waste
transportation regulations (see 40 CFR
263.12) and under the land disposal
restrictions regulations (see 40 CFR
2S8.50(a)(3)). Transporters who store
wastes in the course of transport for
longer than ten days would be regulated
as consolidation points.
EPA requests comment on whether
another time limit is appropriate, but
notes that the consolidation point
(discussed below) can act much like a
transfer facility for shipment stops that
last longer than ten days.
The prohibitions and waste
management requirements proposed
today are also the same as those
proposed for generators. Transporters
would be prohibited from diluting or
disposing of special collection system :
wastes, in order to meet the substantive
land disposal restrictions requirements.
They would also be required to
transport the wastes only to a
consolidation point or destination
facility .-Treatment would be allowed
only if it occurs in response to a release.
In the event of a release of a special
collection system hazardous waste, the
transporter would be required to
manage the waste under all
requirements that currently apply. In
addition, transporters of hazardous
waste batteries would be required to '
minimize releases of battery
components.
The provisions described above
would apply to shipments between a
special collection system waste
generator and a consolidation point,
between a generator and a destination
facility, and between one consolidation
point and another consolidation point.
However, for shipments from,a.
consolidation point to a destination.
facility, EPA is proposing today to have
transporters comply with the full part
263 requirements, including use of the
manifest EPA believes it is necessary to
know who these transporters are, and
for them to use a uniform hazardous
waste manifest that shows the party
originating the shipment. The quantities
involved in these shipments (from the
"last" consolidation point to the
destination facility) are likely to be
fairly large, necessitating more strict
controls on the shipment's movement.
To better illustrate the proposed
manifest requirements, here are four
examples:
» From Generator to Consolidation
Point A, to Consolidation Point B, to
Destination Facility C. The shipment
from the generator to Consolidation
Point A is not manifested; likewise, the
shipment from Consolidation Point A to
Consolidation Point B is not manifested.
The shipment from Consolidation Point
B to Destination Facility C is
manifested. "
• From Generator to Destination
Facility D. This shipment is not
manifested.
• From Generator to Destination
Facility E, to Destination Facility F. The
shipment from the generator to
Destination Facility E is not manifested;
the shipment from Destination Facility
E to Destination Facility F is manifested.
• From Generator to Consolidation
Point G, to Destination Facility H, to
Destination Facility I. The shipment
from the generator to Consolidation
Point G is not manifested. The shipment
from Consolidation Point G to
Destination Facility H is manifested, as
is the shipment from Destination
Facility H to Destination Facility L
These examples illustrate that, for.
generators, manifesting is not required.
Consolidation points shipping to one
another would also not need to manifest
the shipment. However, those
consolidation points shipping to a
destination facility would need, to
manifest, as would destination facilities
shipping to each other.**
If transporters were involved in
shipments of special collection system
the United States, today's proposal
would specify that a transporter who
knows that a shipment does not
conform to the EPA Acknowledgement
of Consent could not accept (he
shipment for export, However, in the
event the receiving country had
consented to the shipment, the
transporter would ba required to carry
the EPA Acknowledgement of Consent
With the shipment, find deliver the
shipment to the facility designated by
theperson initiating the shipment.
EPA requests comments on the
adequacy of the proposed transporter
requirements, and on whether other
requirements are necessary to prevent
mismanagement of special collection
system hazardous wastes. EPA also
requests comment on the options
discussed in section H.C.2., generator
requirements.
The reader should note that the
reduced requirements described above
for transporters in the part 273
regulations would apply to shipments
between th® original generator of the
special collection system hazardous
.waste and jthe consolidation point or
destination facility. The part 273
transporter requirements would also
apply to shipments between
consolidation points. However, a special
collection system hazardous waste
shipment from a consolidation point to
a destination facility, or from one
destination facility to another
destination facility, would remain
subject to the full part 263 transporter
'regulations. In addition, shipments from
one destination facility to another
Wouldbe fully regulated; for example,
the land disposal restrictions
notifications would be required for all
movements once the special collection
system hazardous waste readies a
destination facility. (In other words,
shipments from the "last" consolidation
point on are manifested. Once a '
shipment has reached a destination
facility, it is fully regulated; i.e., not
only would hazardous waste manifest
requirements be in place, but also the
"It would not be possible for a destination
facility to ship to any facility other than another
destination facility. . , ,
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; FederalItegister /Vol. 58; No. :27:/' Thursday, Febniary 11; 1993 /Proposed Rules
.813ft'-
part 268 land disposal restrictions
requirements (see 40 CFR264,7i(c) and
265,71(c), and proposed § 26S,l(e)(4))).
It should also be noted that;
transporters must comply with all
applicable Department of .-.,::
Transportation regulations governing
the transport of these materials. Since
the shipments from the original
generator to a consolidation point or a.
destination facility, or between
consolidation points, would not require
a manifest, the U.S. Department of
Transportation's (DOT) hazardous
materials regulations may or may not
• apply to the shipment EPA requests
comment on whether any supplemental
RCRA requirements might be necessary
when DOT rules do not apply.
4. Consolidation Point Requirements
today's proposed regulations for
, owners or operators of consolidation .
points managing special collection
system wastes include provisions that
are generally the same as those
proposed for generators of special
collection system wastes (condition of
wastes, storage; prohibitions, waste
management, notification, and exports).
Each of these requirements is
summarized below and discussed in
detail in the generator requirements
section above (section n.G.2,), in
addition) shipments from a
consolidation, point to a destination
'facility must be manifested. Thus,
consolidation points shipping to ,
destination facilities would also need to
notify EPA and receive an EPA .
Identification Number, . •'.•..--.
The Agency requests comment on the >
application of these provisions to
consolidation points, and on the issues
and options that axe discussed in the :
generator requirements section.
a. Specific requirements for
'consolidation' points. Today's proposal
includes a number of provisions that are
, applicable to owners and operators of
consolidation points managing special
collection system wastes, and that are
similar to the requirements proposed for
generators of those wastes. •
First, the proposed provision
concerning condition of wastes is the
same as that proposed for generators
and transporters; hazardous waste
pesticides must meet certain packaging
requirements. There are no specific
requirements for the condition of .-.
-hazardous waste batteries., .
Second, EPA is proposing that
consolidation points that manage
, special collection system hazardous
wastes may store these wastes for only
one year; As with generators, EPA'is ,
proposing this requirement to, meet the
land disposal restrictions storage ,
prohibition. A number of options
(described in section n.C.2 above)
would ba available to the consolidation
point owner or operator in order to
demonstrate compliance with the. one- •
year storage prohibitioni EPA requests
comment on the options in the proposed
rule language or other options that
.; might he used. EPA is not reopening the
comment period on the general land
disposal restrictions storage prohibition,
but is asking for public comment on
how to implement the statutory
prohibition for special collection system
wastes managed at consolidation points.
Third, EPAis proposing to require
that owner/operators of consolidation
points storing more than 20,000 kg of
hazardous waste batteries notify EPA of
their waste management activities. As
with the special collection system
generators of waste batteries, the
notification would consist of only a
letter to the EPA Regional '-
Administrator, identifying the
consolidation point owner or operator's
facility and basic information about the
special collection system wastes being
managed there. EPA would then issue '
an EPA Identification Number to the
consolidation point. In addition, those
consolidation points that do not meet
this quantity limit but do want to ship
directly to a destination facility would
be required to notify EPA arid receive an
Identification Number, which they
would use when initiating a, uniform
hazardous waste manifest ' '
All off-site facilities storing hazardous
waste batteries ^ are currently required
to notify EPA and receive an,EPA
identification number. Thus, the
notification requirement proposed today
sets forth only a modified version of an
existing requirement for off-site
facilities storing large quantities of these
wastes; the proposed quantity limit*
would mean that only a small fraction
of the storage facilities currently
required to notify would need to notify
EPA. Under today's proposal, off-site •
facilities storing less than 20,000
kilograms of waste batteries (which are
currently required to notify), would not
be required to notify, unless they were
shipping directly to a destination
facility. . .
Although today's proposal would
generally require notifications only from
those.consolidation points storing very
large quantities of special collection^,
system batteries, EPA nonetheless
believes that this notification
requirement is «ssential to identify
parties storing-large quantities, of waste
• batteries,' in order to ensure their.
23 Except for lead-acid batteries and used batteries
sent for regeneration. • ;;,;. ,-•" , ; •••;'. .
, compliance with: the regulatory "
requirements proposed today. In
addition, as the quantity of these wastes
managed at any one location increases,
the potential for releases may also ,
increase, as may public concern-about
management practices.
In addition, EPA is proposing to place
the notification requirement on any
consolidation point which is the "last"
consolidation point in the chain leading
from the original generator to the
treatment, storage, recycling or disposal
facility (destination facility). Under this
approach, EPA and state agencies would
he able to locate these "last"
consolidatqrs, regardless of the
quantities managed, and thus would be
in a better position to monitor the
facilities' compliance with the special
collection system requirements. EPA
hopes to prevent possible
environmental problems-with this
• approach. - ' • '
This proposed notification
requirement would apply only to
consolidation points handling ,
hazardous waste batteries and not to
consolidation points handling only
hazardous waste pesticides that era .
"suspended and/or canceled and•' .••
recalled. The Agency believes that
requirements for identifying recall
participants and recordkeeping that are
authorized by FIFRA section 19(b)
provide'sufficient information ;
concerning the identity and location of
persons managing these pesticides. In
addition, FIFRA section 6{g) requires
notice to EPA and appropriate state and
local officials of the location, quantities,
and possession of pesticides that are
suspended or canceled.under FIFRA..
section 6, The notice is required of •
persons who distribute or sell canceled
or suspended pesticides; thus, dealers
and distributors who are acting as;
, consolidation points in a recall typically
will already have notified EPA (and
state and local officials) of their -
possession of the pesticides. See the ,
proposed policy published at 56 FR
13042, March 28,1991, that clarifies the
responsibilities of persons required to
submit information under FIERA
section 6(g), establishes the procedures
to be followed in order to comply with ..
FIFRA section 6(g), and clarifies when
FIFRA section 6(g) information :must be,
submitted. ' - "•
EPA requests comment on the
proposed notification requirements for
owners and operators of consolidation
.points, on the proposed20,000 kilogram
limit for applying the notification ,
requirements, arid on any other • '••.,
approaches that may be applicable. ,
-, /Fifth, the prohibitions proposed for
consolidation points are the same as
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Federal Register / Vol. 58, No. 27 / Thursday, February 11, 1993 / Proposed Rules
thoso proposed for generators and
transporters. The owner or operator of
the consolidation point would be
prohibited from diluting or disposing of
(ho special collection system wastes on-
site, to comply with the land disposal
restrictions dilution prohibition and to
meet tho statutory ban on land disposal.
The consolidation point owner or
operator may only treat the wastes in
response to a release, or to manage
battery electrolyte. Facility owners or
operators who wish to conduct other
kinds of treatment would be able to do
so as a destination facility, discussed
below. The consolidation point owner/
operator would also be prohibited from
sending the special collection system
wastes to any place other than another
consolidation point or a destination
facility.
Sixth, the proposed provisions for
waste management are the same as those
proposed for generators and
transporters. Owners/operators of
consolidation points are required to
immediately contain releases of special
collection system wastes and to
appropriately provide for treatment,
storage, and/or disposal of released
wastes, and contaminated media or
other materials resulting from the
release. As with other handlers of these
special collection system wastes, the
owner or operator of a consolidation
point is not required to obtain a permit
under 40 CFR part 270 (40 CFR
270,l(c)(3)) for immediate response
activities. Hazardous waste batteries
would be required to be managed in a
way that would minimize releases of
bailor}' components. The consolidation
point employees would have to be
trained to know about the basic
precautions necessary for safe waste
handling and emergency procedures.
The reader should note that today's
proposed requirement is a very
significant reduction from the current
personnel training requirements, found
at 40 CFR 264.16 and 265.16, but EPA
beliovos it is adequate to allow safe
Consolidation point operations.
Finally, tho owner or operator of the
consolidation point must comply with
tho export notification and consent
procedures of §§262.53,262.56(a) (i)-
(4), and (6), 262.56(b), and 262,57 for
special collection system hazardous
waste export!!. (A consolidation point is
more likely to be exporting than an
original generator, since EPA expects
larger quantities to be accumulated at
consolidation points.) A consolidation
point shipping to a destination facility
is required to use a uniform hazardous
waste manifest; for exports to
destination facilities in other countries,
the consolidation point would also use
a hazardous waste manifest. Thus, the
Acknowledgment of Consent, along
with the manifest, would accompany
the shipment.
Note that if the registrant for a
suspended or canceled and recalled
pesticide decides to export the pesticide
to a foreign country for use as a
pestidde, then the RCRA export
regulations generally would not apply
because the pesticide is not a solid
waste (see 40 CFR 261.2(c)(l)(ii)).
Instead, in such situations the
requirements of FIFRA section 17(a)
apply.
o. Other consolidation point
requirements under consideration. In
addition to the requirements proposed
today, EPA solicits comment on
whether there are any other
requirements needed for special
collection system hazardous waste.
management at consolidation points.
EPA considered limiting the
applicability of the part 273 regulations
to situations where the special
collection system hazardous wastes are
contained in their original containers (or
casings), or containment systems in
which they were stored when they were
products, and are not leaking, as one
approach to ensuring containment.
However, EPA recognizes that these
limitations may not always be practical,
and therefore could limit participation.
in part 273 programs. "There may be
other appropriate requirements that
could achieve the same degree^of
protectiveness. In a later proposal, once
the special collection system regulations
have been implemented for a period of
time, EPA would consider the need for
specific technical management
standards.
In addition, in developing this
proposal, the Agency considered the
apprdpriate party or parties on whom to
place the burden of compliance with
administrative requirements such as the
use of the manifest, and notifying
receiving facilities of land disposal
restrictions. EPA has chosen to structure
the regulation so that manifest
requirements are only imposed on the
final consolidation points, and on
destination facilities. The land ban . ;
notifications would be imposed only on
destination facilities. The Agency
believes that the objectives of RCRA
stated in section 1003 (protection of
human health and the environment, and
conservation of valuable material and
energy resources) are fully met through
this waste management scheme. The
Agency requests comment on whether
all consolidation points should be
subject to manifesting and land disposal
restrictions notification requirements,; or
whether, as proposed today, the final •
consolidation points should use
manifests or other tracking mechanisms
and/or the "full" subtitle C
requirements should be applied only to
the destination facility.
5. Destination Facility Requirements
The regulations propiosed today for
destination facilities merely retain the
current parts 264, 265, and 270 and
§ 261.6.(c)(2) requirements applicable to
treatment, storage, disposal, or recycling
facilities managing hazardous wastes.
The special collection 'System
regulations refer to the full subtitle C
hazardous waste regulations tiiat are :
currently applicable for permitted or
interim status hazardous waste
treatment, storage, recycling, and
disposal (TSD) facilities, or for recycling
facilities that do not store prior to
recycling. Under these requirements, •
owners/operators of destination ;
facilities managing special collection
system hazardous wastes are subject to
all applicable requirements of parts 264,
and 265, which include notification
requirements, general facility standards
(e.g., contingency plans, personnel
training, closure, corrective action, and
financial assurance), arid unit-specific
management standards (e.g., subpart I
for containers, and subpart J fortanks).
Destination facilities (other than
recycling facilities that do not store
before recycling) are also required to
obtain a RCRA permit or operate under
interim status. In addition, the owner or
operator of the destination facility must
comply with all applicable land.
disposal restrictions as specified in 40
CFR part 268:
The export provision proposed for
destination facilities .specifies that
exports initiated by the destination
facility (e.g., a permitted storage facility
that warehouses large quantities of
batteries) are subject to the export
notification and consent procedures.
Since the destination facility is required
to initiate a uniform hazardous waste
manifest for the shipment from the
facility, and the quantities managed in
the export shipment arc} likely to be
large, EPA believes it is appropriate to
require the facility owner or operator to
comply with the current requirements
for primary exporters, specified in part
262, subpart E. EPA requests comments
on this approach. .
6. Exports .
The hazardous wastes that are ' .'
proposed to be regulated under part 273
are hazardous wastes .that current!)' are
subject to manifest and export , ;
requirements. Because the wastes id
question may pose hazards, if not
properly managed, EPA has determined
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Federal ilegister 7 Vol. 58, 'No.' 27 1 TfiursdsyV^abraary Ilj>f993 / Proposed Rules
that the hazardous wastes subject to
special collection system requirements
should remain subject to the
requirements mandated by 5.CRA .
section 3017. Under this section of
RCRA, the export of hazardous waste .
from the U.S. is prohibited unless ;
certain conditions are met The
conditions include advance notification
to the receiving country and prior •
consent of the receiving country before
the shipment can occur. ' . '
The reduced requirements proposed
today for tracking of waste shipments
under part 273 apply to many of the
domestic shipments of special
collection system hazardous wastes.
.When these wastes are exported outside
the United States, the primary-exporter
must comply with all applicable export
requirements in part 262, subpart E. If
a manifest would be required-f or the ,
domestic shipment, it is required for an
export shipment as well.
Thus, in today's proposal, any person
(including the original generator, a '
broker, a transporter, a consolidation
point, and any treatment, storage,
disposal, or recycling facility) exporting
hazardous wastes that are regulated .
under the proposed part 273
regulations, who is a primary • -; - •
exporter,2* must comply with the
applicable hazardous waste export
requirements of 40 CFR part 262,
subpart £. However, the specific
requirements may vary, depending on
the person who is initiating the export
For example, a generator whois
exporting 'hazardous waste batteries or
suspended or canceled and recalled
pesticides which are hazardous wastes
must comply with 40 CFR 262.53
(notification of intent to exportj,
262.56(a) (iH*).. (6), and (b) (annual
reports), and §262.57 (recordkeeping);
consolidation points must also comply
with these requirements if they are
shipping to a consolidation point in
another country. However, if a
consolidation point owner or operator is
shipping to a destination facility in
another country (or a facility that would
be a destination facility if it was located
in the U.S.), a manifest v/ould be
required for the shipment, Similarly,
destination facilities must comply with
40 CFR 264.71(c) (initiating a manifest
for the shipment) and part 262.
Transporters may not accept shipments
for export if they know that the
shipment is not being sent in
conformance with the hazardous waste
export provisions.: , ,
While EPA is interested in
encouraging collection systems, this is
based on the premise that the waste will
ultimately be managed at an appropriate
facility. The export notification
requirements help ensure that this is the
case when wastes are shipped to foreign
facilities, and EPA is aware of no
information indicating an exemption ~
from export notification would be
appropriate for these wastes.
7. Land Disposal Restrictions
Pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA),
all hazardous wastes listed or identified
in accordance with RCRA section 3001
are prohibited, on specified timetables,
from land disposal. The regulations Jor
the Land Dispc«d Restrictions (LDR)
program in 40 CFR part 268 apply to
"persons who generate or transport
hazardous waste and owners and
operators of hazardous'waste treatment,
storage, and disposal facilities,"25
unless they are specifically excluded
from regulation in Parts 261 or 268.
Accordingly, generators, transporters,
owners/operators-.of consolidation
points, and owners/operators of •
treatment, storage,.and disposal
facilities (and facilities who do not store
prior to recycling) managing special
collection hazardous wastes under part
273 are currently subject to the full land
disposal restrictions program. However,
EPA believes that application of the full
land disposal restrictions program to
special collection system hazardous
wastes at all steps in the collection
sequence could result in overly
burdensome regulation. This regulation
could discourage generators,
transporters, and consolidation points
from entering the collection system, - -
thereby discouraging both recycling and
removal of the waste from the municipal
waste stream, and ultimately leading to.
unsafe land disposal, contravening the
ultimate aim of the land disposal
restrictions provisions. To resolve this
problem, the Agency is proposing to
require that managers of special
collection system hazardous wastes
comply with all of the substantive land
disposal restrictions requirements, but
not the administrative requirements.
These substantive requirements include:
(1) A prohibition on storing prohibited
wastes directly on the land (land
disposal); (2) a requirement .to treat
24 A "primary expqrtm" Is defined In 40 CFR _
262.51 as the person required to originate a
manifest for a shipment of hazardous waste to a
designated facility la a receiving country, and any
intermediary arranging for the export .,.,-. -
"The land disposal restrictions requirements do
not yet .apply to wastes that exhibit the toxicity
characteristic (TC) in 40 CFR 261.24, unless the
waste would have exhibited the Extraction
Procedure (EPJ Toxicity Characteristic (the
characteristic that preceded the current TQ.
wastes to meet treatment standards prior
to land disposal; (3) a prohibition on
dilution; and (4) a prohibition on waste
storage except for purposes of
^accumulating quantities sufficientfor
proper recovery, treatment or disposal.
The prohibition on dilution is
imposed on generators, transporters,
and consolidation points throughout the
proposed part 273 regulations, so that
those handlers are not avoiding the land
disposal restrictions by, diluting their
-wastes. Destination facilities are subject
to all of tha part 268 land disposal
restrictions regulations, including the '"•
dilution prohibition in 40 CFR 268.3.
The prohibition on storing wastes
directly on the land (which is a form of
land disposal; see RCRA section
3004(k)) is implemented by requiring
that these wastes be managed in order
to minimize releases, andthrougha •, '• -
prohibition on disposal.The'• .
requirement that pesticides remain in
the original container or tank by
definition precludes the possibility of
storage directly on the land. At the •"• •
destination facility, these wastes may be
removed from the original containers (or
- the battery casing may be breached).
These destination facilities, however,
are subject to all of the part 268 land
disposal restrictions regulations,
including prohibitions on storage on the
land.
The requirement that wastes are'-.-•
treated to meet treatment standards
prior to disposal is implemented
through two mechanisms. First, the part
273 regulations require that the final
destination of special collection system
hazardous wastes is a facility that is an
interim status or permitted treatment,
storage, reeycling/or disposal facility, or
a facility that recycles but does not store
prior' to recycling* This is imposed •
•tjirough the requirements that • .
generators, transporters, and
consolidation facilities must send the
waste only to consolidation pointSpr
destination facilities: The final
destination facility is subject to all of
the part 268 land disposal restrictions
regulations, including the requirement
to treat these wastes to meet .treatment
standards prior to land disposal.
Finally, the statutory prohibition on
waste storage except for purposes of
accumulating quantities sufficient for
proper recovery, treatment or disposal28
would be .imposed through a one-year
time limit on storage at generator sites
and consolidation points. This statutory
requirement is imposed in the current
^regulations at 40 CFR 268.50. EPA is not
today reopening the issue of the one-
year storage prohibition for cmment;
26 See RCRA section 3004(j).
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Federal Register / Vol. 58, No."27 /.Thursday, February 11, 1993 / Proposed Rules
EPA is merely requesting specific
comments on the statutory storage
prohibition and how tolnterpret it for*
special collection system hazardous
wastes. • ' • '"'*'.'
For tho special collection system
hazardous wastes, EPA is Proposing to'
simplify tha existing "burden-of-proof'
regulatory language of 40 CFR 268.50;
however, the one-year storage
prohibition proposed today would
accomplish tho same result as existing
§ 268.50. The simplified language
assumes that the generator's sole reason
for storing the special collection system
hazardous wastes, for up to one year, is •
to accumulate the quantities necessary
for proper recovery, treatment or
disposal. Storage beyond one year
would be prohibited. EPA believes that
this assumption is a reasonable one;
since tho generators are generators of
moro than 100 kilograms of hazardous
waste per month; however, the special
collection system wastes will in many "
instances comprise an extremely small
fraction of their total hazardous waste .
stream. (For example, a generator who
generates 500 kilograms per month of
spent solvents, and one 10-kilogram
nickel-cadmium battery per month,
would need to collect enough batteries
to make a shipment to a rocycler
feasible.) EPA requests comment on this
proposed approach.
EPA is proposing, however, not to
impose the administrative requirements
of the land disposal restrictions program
on generators, transporters, or
consolidation points managing these
sp&dal collection system hazardous
wastes. The Agency believes that land
disposal restriction notifications are not
necessary because the requirements '
describe^ above ensure that the .
substantive requirements are met,
without each party specifically notifying
subsequent waste managers of the
restrictions. Consequently, the Agency
Is proposing to add a provision; to
§ 268.1 excluding special collection
system hazardous wastes from the
administrative provisions of part 268
when they are being managed by
generators, transporters, and
consolidation points. The final
treatment, storage, recycling, or disposal
facility (or facility that recycles without
prior storage) continues to be subject to
all applicable part 268 requirements.
Tho Agency requests comment on
whether the requirements described
above ensure that spedaj doUectfdrr
system hazardous wastes will be
managediritompliancewith'the ' [ !
substantive requirements of the land
disposal restrictions'program. EPA also
requests comment on alternative -
mechanisms that would achieve the
same goal. Further, comment is
requested on whether any or all parties
' of the special collection system should
' be subject to tha full part 268 land' .
; disposal restrictions regulations.
, 8. Release Response .;••?'
Under the-proposed part 273
' regulations! generators, transporters,
and consolidation points must respond
to releases immediately by containing
releases and appropriately" managing -
any contaminated soil, etc. resulting
from the release. Permitted treatment,
storage, disposal and recycling facilities
would be subject to full facility-wide
corrective action, as would any other
permitted facility. The Agency is
concerned about the need for corrective
action at consolidation points, where
potentially large amounts of hazardous
wastes may be stored for periods
extending up tO'ona year. However, the
• Agency has the authority under the- •
. imminent hazard provisions of RCRA
section 7003 to require the owner or ,
operator of a facility (or consolidation
point) to take immediate action in
response to an on-site release of
hazardous waste. EPA requests
comment-on the need for limited'
corrective action requirements (for
example,'corrective action that is
limited to special collection system
waste storageunits) or the need for full
subtitle C corrective action at-
consolidation points. : "
9. Related Regulatory Changes
Today's proposed regulatory text •
includes a number of minor changes to
other parts of the current hazardous
waste regulations that are necessary to <
integrate part 273 into the regulatory,< •
structure.1 These changes include '•
conforming changes to 40 CFR 26p;10,
260.20, 261.5(c), 261.5 (f) and (g),
262.11, 264.1(g), 265.1(c), 268.1(f), and
270.1(c), and the addition of §§ 260.34 .
and 261.9; • :
The changes made to 40 CFR 260.10
are the addition of regulatory definitions
for the terms "battery," "consolidation
point," and "destination facility."
Sections 260.20. 262.11, 264.1, 265.1,
268.1, and 270.1,contain minor ;
conforming changes. Section 260.34 is
added to specify procedures for
handling petitions for additional special
collection system wastes, and § 261.9. is
.added to direct the regulated. ,,,,,.
.community to part 273 for certain' .
wastes. . '", ,'',; . ,
' The changes made tb'4p CFR,26i.5(c),
1 'the provision governing generator ;
, counting of hazardous wdstes (i.e,, , j
counting to determine whether Jhe ' . ,
'generator _is a conditionally exempt • [
small'quantity generator, spall quantity'
generator, or fully regulated generator),
are made for three reasons. First/ihe "
revised text indicates that generators are \
' not required to include wastes 'managed
' in compliance with part 273 in the' ' >
' quantity calculations usiid to determine "
', their 'generator status. Second, the '',--•'
revision is grafted to accomplish, the '
same results as the exisjiiig regulation
(i.e., wastes that aria not counted under " '
the current regulations continue' not to '
be counted, and wastes that are Counted . '•
: under the current regulation's Would "_ '
continue to be counted). Third, the
re vision is intended to s im'plifjr the '
existing language so that it is clear '
' which wastes are to be counted and
J which are not. "'•'.'.
The options for conditionally exempt '
small quantity hazardous waste
generators to manage their wastes are
proposed to be revised to include ' - ;i • '
special collection system handlers. See :
40 CFR 261.5 (f)(3) and (g)(3). Today's
proposal would allow conditionally
' exempt generators to manage their • •
special collection system hazardous ;
! wastes at facilities that are regulated ;
under part 273. This proposed change is •
expected to significantly simplify the •'
regulatory requirements for managing
certain common consumer items ••>' .....
• frequently collected in municipal • ;
programs that accept haisardous wastes •' <
from small businesses. -i' • • •
Finally, the Agency requests comment
on whether any change should be made *
to 40 CFR 261.6(a)(3)(ii),, This provision
excludes from the hazardous waste . ;
regulations used batteries that are
returned to a battery manufacturer for • :' .
regeneration (e.g., replacement of . , ; '••
electrolyte or rewiring).*? As a result) ,; , =
generators of used batteries who: are .. .. •>
sending them off-site-for regeneration' ,, ,-
need not obtaln-an EPA Identification , .
Number (if the only .hazardous wastes -.
they generate are the used, batteries) and :
1 need not fill out a manifest for the
shipment. Similarly, transporters ,
carrying the used batteries are not . ', r,
regulated under RCRA» and.the ( ' . ;; •'
'regeneration facility's storage of JiiOf •• .'
used batteries is not regjUated un.der ,
RCRA. EPA is concerned, that -having .
two special requirements for batteries
(i.e., the. proposed part 2,73 requirements
and the regeneration exemption at 40'
CFR 261.6(a)(3)(ii)) is potentially: . . i " .
confusing to regulated parties and
implementing agencies. One o^ tlie ; , .,
major findings, of -the RCRA "
unplempntatiqn. Study
' '
• .. . , p • , _ ,t .
27 On. the, other, hand, bjatteri.es, that are rocyclsd,; .,
,in otherways (e.g., resmelting l;o' recover metal
"content) currently are either Mly regtilated:6f aira ' :
partially exempt under anotbei exemptibi at 40- - '" '
./CFR part 266, subpart G (depending! on the battery's :
composition). ; . , ^ . . , .... .'.
-------
-58; 'Ho. 27 > Thursdiji?,
: t
Rule*;
earlier) is feat fee recycling rules or
. exemptions are complex and should be
consolidated. -''" '' ''" ' .'-' ' " .."-;' " ".
iEPAhas identified feree approaches
- to'regula'ting the subset of used batteries
-ttetaire seat for regeneration. First, EPA''-
could leave the current exemption as is;
.;. second, EPA'cquld regulate only the ' • -
collectipn of used batteries being sent .
for regeneration under today's proposed'
part 273 ^requirements, while the !
-.regeneration facilities could remain^ -' . :•
un'regulated; tad third, collection of the,
• batteries' could be 'regulated under the. ;
". ' part 273'.req'uirements 'and ;a RCRA; " •-; ~
• subtitle C permit could be required for
storage at'fttie regeneration facility prior
"tb;regeMratioii.Each;'of these • '.'V- '•:']'
iapproacliesi arid th'ek advanX^es]and; ..
disadvantages, is discussed fielow. ' ..-•".
. . -. Iii today's proposed regulatory text, , ;
. fee Agency has Botmade'any changes, .'•
; .- to, Jhe_ciirr_ent 4Q GFR 26i.6ta]j[3)(ii) ': - ,.
; exclusion. The exclusion forlf tterie.s t .,
that -are regenerated was originally. . •
promulgated because the Agency; .-.
; believed;tb.at regeneration.activities do , ;
not jjose a, threat to ,human;hgalfe and .'
' fee environment, since fee battery . ,_. ;
-.Casing remains intact. If this exclusion ?• -
.is retained, Aess batteriBS;>wll continue
-J to be exempt from all hazardous waste -'.- ;
, 'regulation, including the part 273 '••. '..;;•
, special cpjlection/system regidatipns., A
: drawback to ^hjsappr9achi^ that .;; ,', ''.;
. ,hakdiers;pf used featteiies; may tave:r.
] ,diffi'culty determining whether the; ;. M
'
.. ,. ....
otherwise recycled/disposed, and thus .-
'
• .. Generators (and subsequentiandlers) ,
-"• -•=may: not know whefeer fee batteries .are
regenerable (and exempt), di are •
..-.,,•;• impaired such feat feeycannot.be ,
'..;;• , ":.regenerated,(and are regulated).-This., '•
,', :•' --. uncertainty about fee batteries' ultimate
:' •, fate -may. cause handlers to improperly
manage regulated hazardous waste , ,
batteries (unregenerable batteries) as if
, • ;. :feey. were exempt. :;. ._. '" , ' '
-.-. Under fee-second approach, used >
• -• v :batteries that are hazardous \yastes .,••'<'•.
; .wpuld.be regulated in fee same w.ay•- -
;• -.; jthroughout fee collection phase,
, :.regardless of whether fee batteries are-
• : -. being regenerated, recycled in a manner
r >, j .ofeer feah;regeneration, or disposed.^ At?
s '• Ae same time, EPA could retain fee v, .
regulatory exclusion fpr^generation I -;,'
facilities. Thus, used batteries stored at
ajregeheration facility prio* to
-- ^regeneration would be,unregulated: (as
uhderfee current requirements). A ; ;
• variation on this approach would be to
*.:•:. >require:fee regerieratiofa faciHties to '
- comply wife fee proposed part 273 :,
; iconsoh'detida point requirements'for -
:'storage prior to regeneration.! ''•<• •
The most significant advantage of this
second approach is feat fee generator's
initial determination of the applicable
regulations Would remain greatly ;
simplified. The generator would mot be
required to determine whefeer fee
batteiy was to be regeneratedi-afeer than
' bfeerwise recycled/disposed of; in all
cases fee battery would be subject to fee
same limited part 273 requirements. In '
addition, since EPA continues to believe
. feat there are minimal risks ppsed by'. •"" •
regeneration activities, jiittle,pr no ;.,..•'••:
.change would be made to fee : : , :, ,
1 .'regulations ciurently eppMcable to;,. • *\ :
; regenefatibn faciili$es.,H6"weverrE|lA ,"'.''
.' ,requests:'cdmoientonfeequai}tity'aHd-. •-
: types of batteries feat are regenerated,,.,.
fee number of facilities conducting.,
.battery regeneration, and on tb!0 health
, or envirPnmental risks posed by storage
of fee used batteries prior to , -.'.-.'.
•regeneration.', • ;••" ,' ,'-' -. .;,-,:' '•'-.:.'•-
,: The feird approach v^ould.be simply
, to regulate these batteries under the part
273 special collectipn regulations
.proposed today for ofeer batteries. This
approach has fee same advantage of fee
second approach, in feat handlers of fee
used batteries during fee collection
. phase would be regulated alike,: .
regardless of fee batteries.^ intended .
recycling technique. However; '; ••"., ,
regeDeratipn facilities wiauld be subject
to fee; fall subtitleG hazardous waste '..
regulations, including ^e; requireme,ii1;
to pbtmn a permit, (or interim status) for ,
.storage, of batteries prior to regeneration.
In today's proposal, fee; Agency has ;
not proposed to make any changes to
fee current exemption, to .avoid •-•''
imnecessarily disrupting fee '
regeneration of used batteries. .Th|s. %,' >
optiptf w"as selected because fe'e. Agency *
currently doejjipt have suffipientdat4
' to evaluate fee effects of such a change ;
on the regulated community'. The
• Agency, however, requests comment on
the approaches discussed .above for ,
regulatiiig batteries that areregenerated.
HI, State Authority . :;;: ,'•• •;;•'•.•• : • •' •]'•-•
'-A. Applicability of Kul^s in. Authorized, ••
Stoics , '.."^,r. 'V..V C'j.. ••'. :"^ • '," ,,: •-',.
* Under sectipn 3006 of R(3RA, EPA -
may,authorize qualified ^States to ~ :
^administer, and enforce fee'RGRA •"•' ' •' -i
program within fee-State. Following ' =
authorization, EPA retains enforcement
authority under sections 3008,-.301.3,
and 7003 of RCRA, dfeough authorized
States have primary enforcement ' '
responsibility. The standards and
requirements for authorization are '.
found at 40 CFR part 2>1.J '.' *:•, - '- :f ^ '
Prior to fee Hazardous and Solid
Waste. Amendments of;1984 (HSWA), a
State wife final RCRA aufeorization :"-
adnlinisieWdUts hazafdous' Casts', '•'. '•.,.'- ''••-
; prbgram;'in lieu 0| fiPA administering • -;' ;
; fee Federai^rogram in feat Stated-tie' •'.• ;
Federal reqiiiyemejits n6 longer appJIe'd - '
-• in fee au'febrized State, and EPA;could' ; .
no; longer Issue, permits jar- eiy fa'dlitie.s
feat fee State was authorized tp permit.
'When new?,'mqre stringent Federal",; . ; ; ,
'requirements were. .promulgated or. '.'.- ;
enacted, ;fee State was qb!lg£[d-;to epact • ;
equivalent authorities within specified
time frames. |«Jfew federal isquire'ments .
' ^.d npttake, effect in, an authorized State'. "-
-until' fee;StatjB; adopted' the •Federal • •'••'•. "• ;,'
req^irJBnients'as State law; '• '•• .-:.'. • .';.- ;'':.-;.'.' -
-; &:coh|rast, unde '" ' '
;
.jequire.merits'eijid prohibitipnis'Mposs.d ' .'
'b.y'HSWA:teke.e'ffect'inauth'o.rize'4, •'":' -:'- -
.States;at.fea same -time feat they take ,":-'. • .
effect in unauthorized States> EPA is • : '.
directed, tp .carry: out feese .requirements ;.--
and..prohibitions in .aufeorized States,- :
Including fee.issuance of-permits-, until. ...
fee State; is granted authorization for fee
newrequitepjentsorproh.ibitipns.;l-' * ,
While States must still adopt mpra; , "
. stringent or. broader in scope provisions -.,-•
as. State. law to 'retain final aufeprization, ;
1 HSWA provisioas-iapply in authorized -
States in.fee interim. y.^, -.-^ •: : '-.''•' •'•'-
'•• The amendments proposed. today db •' •
not im^lemMtHSWAt: When--' i- •'••.-. -..v'-":,; •).:.-
^promulgated, feese ameridmeiQts,:' -'; .."v.
therefoire, wjll become effective - •V'V-'^v
immediately only in'those States r • -'i •'
. without Merim or fihal aufeorization,- -,-••:.':-
not insaufedrized States1.- The effect ssf : lr ' ]•.
the rule changes on State aufeorization
is discussed next. " • •'..• /:- .'• -i;:; >:•!••%,' .-;•' •_
B. Effdtt ojiSiate Au
•" .The aniendnlents to .fee -hazardpusf « .'-". • ;:
waste regulations being proposed today '
are ndttbeing. promulgated pursuant to
HSWA and .feus are only immediately" .•/ -••
effective.-m^States feat do-not haveft • ' ; :"'-.
interim orifinal aufeorization. In •-",?• ; - •?-
authorized States, the requirements will '•'. ••'
not be applicable until fee State revises.; if >
its program to adopt equivalent " - :
requirements under State laws, ..;'• -f ••/'•..• ",':-"
> ^ 40!GFR 271';21(e)(2) raqiures feat -< >-; '*> ^:-.
States that feaye final authorization' must
modify feejr pfpgrams-tp reflect Federat ;
program changes and must subsequently
submit the modifications to EPA for ;> : f
approval.1 However, it shouldibe noted <,- J
that authorized States are only required
to modify feei* programs when EPA • .
promulgates Federal standards feat are
more stringent or broader in scope fean
fee existing Federal prbgram. Fcir those
Federal;p;rpgi^^i chto'ges feat areless : '• -' !
stringent !pr reduce, thie scope of ib¥; 't v J ;i '
Federaltprogj-am^Staies are npt required .^
to mbdfry feeir prdgraims (see 40 GFR •
=' ••
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8126 Federal Register / Vol. 58, No. 27 I Thursday, February 11, 1993 /Proposed Rules
The modifications to the regulatory
framework that are proposed today are
less stringent than the currant
regulations. An authodzGd state could,
however, choose to adopt the less
stringent requirements proposed today,
. If thoso lees stringent requirements are
promulgated as final federal regulations
and if the state wished to adopt them.
Although today's proposal would be
less slringont than current RCRA
subtitle C regulations, EPA believes that
this new approach will contribute to
more efficient and effective State
programs. The need for simplified
hazardous waste regulations was
expressed by many State participants in
the meetings described in section I.D of
this notice. For these reasons, as well as
the other reasons discussed throughout
the preamble, EPA strongly encourages
States to adopt the special collection
system regulations if they are
promulgated hi the future.
IV. Executive Order No. 12291—
Regulatory Impacts
Under Executive Order No. 12291, .
EPA must determine whether a
regulation is "major" and thus subject to
the requirement to prepare a regulatory
impact analysis. A rule is major if it
will:
1. Have an annual effect on the
economy of $100 million or more;
2. Significantly increase costs or
prices to industry; or
3. Diminish the ability of the U.S.-
based companies to compete in
domestic or export markets.
The Administrator has determined
that today's proposed amendments do
not constitute a major rule because the
amendments do not propose to
significantly increase the regulatory
burden such that there will be a
significant effect on the economy. This
proposed rule has been submitted to the
Office of Management and Budget
(OMB) for review under E.O.12291.-
EPA will analyze the costs of the
current regulatory requirements for
generators and collection facilities and
of the requirements being proposed
today. EPA will also analyze whether
there are significant reduced
environmental benefits from the
modifications being proposed. It is
EPA's current intent to complete this
analysis and notice it for comment prior
to promulgating a final rule.
V. Paperwork Reduction Act
The information collection
requirements in today's proposed rule
have been submitted for approval to the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act, 44 U.S.C, 3501 et seg. An
Information Collection Request (ICR)
document has been prepared by EPA
(ICRNo. 1597.01) and a copy maybe ',
obtained from'Sandy Farmer,
Information Policy Branch,. U.S.
Environmental Protection Agency, 401
M Street, SW. (PM-223Y); Washington,
DC 20460 or by calling (202) 260-2740.
The pubh'c reporting burden for this
collection of information is estimated to
average 4 hours par response, including
time for reviewing instructions, .
searching existing data sources, .
gathering end maintaining the required
data, and completing and reviewing the
collection of information. ,
Send comments regarding the burden
estimate or any other aspect of this
collection of information, including
suggestions for reducing this burden, to
Chief, Information Policy Branch, PM-
223Y, U.S. Environmental Protection
Agency, 401 M Street, SW., Washington,
DC 20460; and to the Office of . •.
Information and Regulatory Affairs,
Office of Management and Budget,
Washington, DC 20503, marked
"Attention: Desk Officer for EPA." The
final rule will respond to any OMB or
public comments on the information
collection requirements contained in
this proposal.
VI. Regulatory Flexibility Act
Under the Regulatory Flexibility Act,
5 U.S.C. 601 et seqf., EPA must prepare
a regulatory flexibility analysis for all
proposed rules unless the administrator
certifies that the rule will not have a
significant impact on a substantial
number Of small entities. Accordingly, I
hereby certify, pursuant to 5 U.S.C.
601(b), that this rule will not have a
significant impact on a substantial
number of small entities.
List of Subjects
40CFRPart260
Administrative practice and
procedure, Confidential business -.-,-.
information, Hazardous materials,
Recycling, Reporting and,recordkeeping,
Waste treatment or disposal.
40CFRPart261
Hazardous materials. Recycling,
Waste treatment and disposal.
40 CFR Part 262 '• "
Administrative practice and
procedure, Hazardous materials,
Reporting and recordkeeping.
40 CFR Parts 264 and 265 • .
Hazardous materials, Packaging and
containers. Reporting and recordkeeping
requirements, Security measures, '.Surety
bonds, Waste treatment and disposal. ••
40,CFfl Part 268, .'.,.-- , t ,,«.
Hazardous waste, Reporting and •
recordkeeping requirements." ~
40 CFR Part 270
Hazardous materials, Packaging and
containers, Reporting and recordkeeping
requirements, Waste treatment and '
disposal. ' ",''•' •""'•" ''
40CFRPart273
Hazardous materials, Packaging and
containers'. '
Dated:January20,1993. ' :-,
William K. Rflilly, . ,
Administrator.
For the reasons set out in the
preamble, it is proposed to amend title
40 of the Code of Federal Regulations as
follows": • . . : ' ,
PART 260—HAZARTOUS WASTE
MANAGEMENT SYSTEM: GENERAL
1. The authority citation for part 260
continues to read'as follows:
Authority: 42 U.S.C. 8905,6912(a), 6921-
6927, 6930,6934,6935,6937,6938,6939, '
and 6974. .
Subpart B--Definitions
2. Section 260,10 js amended by ;
revising the introductory text and ;
: adding, in alphabetical order,
definitions for "battery," ''consolidation
point," and "destination facility" to
read as follows: ,-
§260.10 Definitions.
When used in parts 260 thorough 266,
268> and 27Gi; through 27.3 of this
chapter, the following terms have: the
meanings giveft below: /,' , ;
* .-*..* * * -; . '
Battery means a device designed to
generate electric cunents, comprised of
positive and negative electrodes made of
electrically conductive materials, and
that may contain a separating medium,
A battery may or may not contain a
conductive medium' or electrolyte.
* .• * ' * '*.,;* •• ".•.••
Consolidation point means the area,
including all contiguous property, used
for storing wastes .subject,to 40 CFR part
273 requirements after receipt from
generators or other consolidation points
and prior to transport to another
' consolidation point or to a destination
facility.
* * ' : • * : •*••'.* •'.'••"• •
Destination facility mean?iai
hazardous waste treatment, storage, '
recycling, or disposal facility which: (1)
Has received a permit (or interim status),
in accordance with the requirements of
parts 270 and 124 of this chapter; (2) .
Has received a permit (or interim status)
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RggfcUfr^Vql/ 58V No. 27 / ^ursday^:|^Miaf^y?lly^f993-; /:>Pi&pQ$e&<]h&& \.'^i%fcti&i
•^frbin a statelautiidrized in aCGordahc6l
with part 271 of this chapter; or (3 j Is
"a recycler regulated under 40 CFR
261.6{c)(2), • A"•'•-.""' - •-- : - ;
Subpart C-^-Ru3«mBklng Patition*
; 1 3. Section 260,20 paragraph (a) is
revisedto read ^as follows: ' ;."''.;.
. , _
(a) Any person may petition'the
Administrator to; riiodify or revoke any . '-.
.provision in parts 260 through" 286, 268
and 273 of this chapter. This section , ' :
• sets forth general /requirements which '•-.' '•
apply to all such petitions, Section •
260.21 sets 'forth additional, ; T ,
requirements for petitions to add a -
testing or analytical method to part 261,
264 or 265. Sections 260.22 and 260.23 '
,set forth additional requirements for
petitions to exclude a waste or waste-
derived material at a particular facility
from § 261.3 of this chapter or the lists
of hazardous wasted in subpart D of part
" •- ' '• • '' •'•
• . ,
- • 4. Section 260.34 is added to" read as
follows:' ; . •,--•.;-,-• .:~ ,.;..,-'• .'•••,.-'-.
§,260.34 "P;
$261 J»-. Speciai roqulremwil* few
hazardous wa»ta genwated by condrtlonally
«>t«mpt amal! quantity generator*.
. ,,.
(3)ls recyqled, Without prior storage'
or accumulation, only in an on-site '
process subject to regulation under 40
CFR261.6(c)(2); : ,: /. ; , '
y;(4) teased oil maaaged under the
requirement? of 40 .GFR'26I.6(a)(2)j[iii]
and 40 CFR part 266 subpart E; or
(5) Is managed under the
requiremprits of 40 CFR 261,9 and 40 •
CFR part 273, or under the requirements
of 40 CFR part 266, subpart G. :
--*• *-'" '*'•:-.&'*' ' L '•'.': ,..',
• ••(*):-*: J*,*": •;./''-'.". .. '-' -\','(-^.:'',':--'-
'•, (3)*A conditibnally exempt small
quantity, generator may either treat or
dispose qf his acute hazardous waste in
an ohrsite facility or ensure, delivery to
an off-site treatment, storage p'r disposal
facility, either of which, if located in the
..UiJS., is: •'."..;.;'..;':.' . •- /• , , -, '-'-••' :.
. (i) P0imitted lander 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 or
industrial solid waste;
(v) A facility which: • -,'••'•
, (A) Beneficially uses or 'reuses, or
legitimately recycles or reclaims its
waste;or, _~ -• - ' •--'• r •••-..•• •"-" :-
(B) Treats its waste prior to beneficial
use or reuse; or: legitimate recycling or- :
reclamation; or : ;, • .-
(vi) For special collection system ; ,
wastes managed under part 273 of this
chapter* a consolidation point or - ; ••"-
destination facility 'subje.et. to the' :: : •'
requirements of part' 273 of this chapter: :
: {^) *•*"«•• / -. ;- •'-.-.'.-.- •.••.,: ;'.~!
(3) A conditiohally exempt smalL
quantity generator may either beat or
dispose of bis hazardous waste in an on-
sitefacility or ensure delivery to an off-
site treatment, storage or disposal
facility^ either of which, 'if located in the •
.-U.S., is: ,•• -- ' ... •-•:-- " '' • V ;• - • •:
(i) Permitted under part 270 of this
chapter; '-'''•"':-•-•'•:•'._ '•''• '_ • '•,;"• '
waste by a State with a hazardc
management program approved..uadei;
:part'27l'pfyiisqhaptet; .• ; /V^ ,,; . ' .
(iv) .Bermittedflicensed; or:iegistered
by a State to manage municipal or -
•industrial solid waste;; .••:•.: • i.-'•
(A) Beneficially ,usest or reusgs.iir ' /
legitimately, recycles, or reclaims its '
•
•' "(B):Treats-its;waste'priorto: beneficial,
use or rfeiisei or legitimate^recyclihg-or
reclamation;or -.::.>-:-. ''^-^\'_,••'.':••'-
chapter, a consolidation point bi- '
destinatibri facility subject io the
requifements of part:273 i of this thapter.
7. •Section 26i;9 is added to read as
follows: : :" -;' ' • .1 '" '••-"' ' '- •; V •: -•/, --':
1261.9 Requlrarosnt* for »p»cia! ' .
"
. , -When managed by generators,' ; ! ''' '
. transporters,' and owners or- operator^ of
consolidation points (as defined m 40 :>
CFR'260.10) in cbmph'iance wijth &e : J -
, special collection system requirement^ '
•'of part 273 oftMs-cbJapter; the; wastes: ";:, •
listed bS'lpw'ere ekempt from' .regulatigji . '
' urider parts'262-.through 2'70 of (thisi ; ''" ;•
Chapter:': ,'"'v ; ••':'^ '•'.-., /' '•:' •' '' /'-"''•,•/••
•- (a) Batteries tfiat are hazardous • J\.. '{,'
wastes; and:- , '., ;, / :•„,--. •; :,:-"-!, • ^ . • •• ..
(b) Suspended'aiid/or canceled
hazardous waste-pesticides'that' are ':• :-- ; •
recalled.- '•• '-• ' •• •-.••'•'--:•• , ~: '' . \ • , :V>.--.. •-'
PART^62— STANDARDS APPUGABLl •
TO GENERATORS .OF.HA2ARI?©IJIS;-- •/"-
'' '''
8. pDhe aulhjsrity citation for Jsart '262
continues to-'read as follows: . ; (': ... '-•
Authority; 42 U.S.C. 6906, 69i2{a), 6922,
6923; 6924; 6925; 6937 and 6938. ':,• , : ,
.• 9. Section 262.11 is amended by; .•:.-,,-
: revising pafagraph-(d) to raadjte. -;;.-''•. ':': '
follows; •;.;. ,.':-1-"-.-1-.-.1;. '-.'.. •; : '•;' ••'. '•> -'-..-•'.'
• g262.11 'j' M^rdo'ui watt* dft^jmln'aic^.."
* ; .-«:'. - ». . * ' .' '», , ., "..-'"• , ; " :•',.
(d) If the waste is determined to1 fee
hazardous^ the generator must" refer; to
parts 264, 265, 266, ;268, and 273 Of this
chapter for possible exclusions Or/ '*-.'•
restrictions pertaining to management1 0f:
thespecific waste. ' ' v/. • , ,
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8128
Federal Register / Vol. 58, No. 27 / Thursday, February 11, 1993 / Proposed Rules
PART 254— STANDARDS FOR
OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT,
STORAGE, AND DISPOSAL
FACILITIES
10. The authority citntion for part 264
continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6924,
and 6925.
Subpart A — Gonoral
11. Section 264.1 is amended by
adding a new paragraph (g](ll) as
follows:
i 264.1 Purpose, scope end applicability.
(11) Wastes listed below, when
managed by generators, transporters,
and owners or operators of
consolidation points (as defined in 40
CFR 260,10) in compliance with the
special collection system requirements
of part 273 of this Chapter:
(i) Batteries that are hazardous wastes;
and
(iS) Suspended and/or canceled
hazardous waste pesticides that are
recalled.
PART 265—INTERIM STATUS
STANDARDS FOR OWNERS AND
OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE AND
DISPOSAL FACILITIES
12. The authority citation for part 265
continues to read as follows: :
Authority: 42 U.S.C. 6905,6912(a), 6924,
6925.6935 aad 6936.
Subpart A—General * '
13. Section 265.1 is amended by
adding a new paragraph (c)(14) to read
as follows:
S 265.1 Purpose, scope and applicability.
* * » * *i
(c)» " *
(14) Wastes listed below, when
managed by generators, transporters,
and owners or operators of
consolidation points (as defined in 40
CFR 260.10) in compliance with the
special collection system requirements
of part 273 of this Chapter :
(i) Batteries that are hazardous wastes;
and
(ii) Suspended and/or canceled
hazardous waste pesticides that are
recalled. ••.-..
PART 268—LAND DISPOSAL
RESTRICTIONS
14. The authority citation for part 268
continues to read as follows:
Authority: 42 U.S.C. 6905,6912(a), 6921,
and 6924.
Subpart A—Gfeneral "
15. Section 268.1 is amended by
adding paragraph (f) to read as follows:
f 268.1 Purpose, scope and applicability.
*****
(f) Generators, transporters, and
owners and operators of consolidation
points are exempt from 40 CFR 268.7
and 268.50 for the hazardous wastes
listed below provided they manage the
wastes in compliance with 40 CFR part
273:
(1) Batteries that are hazardous
wastes; and
(2) Suspended and/or canceled . '
hazardous waste pesticides that are
recalled.
PART 270—EPA ADMINISTERED
PERMIT PROGRAMS: THE
HAZARDOUS WASTE PERMIT
PROGRAM
16. The authority citation for part 270
continues to read as follows:
Authority: 42 U.S.C. 6905,6912,6924,
6925,6927,6939, and 6974.
Subpart A—General Information
17. Section 270.1 is amended by
adding a new paragraph (c)(2)(viii) to
read as follows:
f 270.1 Purpose «md scope of these
regulations. '
* * * *''*'''
(c)** * , '"•'•'.'
(2)* * * ,
(viii) Generators, transporters, and
owners and operators of consolidation
points managing the hazardous'wastes
listed below provided they manage the
wastes incompliance with 40 CFR part
273: .
(A) Batteries that are hazardous
wastes; . ' "
(B) Suspended and/or canceled
hazardous waste pesticides that are
recalled.
*****
18. Title 40 of the Code of Federal
Regulations is amended by adding part
273 to read as follows: •
PART 273—STANDARDS FOR
SPECIAL COLLECTION SYSTEM
WASTES
Subpart A—Gonoral ;
• Sec. ' : ,''' -•"••'•'.:• *•. ••''""
273.1 Applicability arid scope. ..•'•'-•
'Sec. . •-•-,'. - • '
273.2 Criteria.
273.3 Definitions.
Subpart B—Batteries That Am Hazardous
Wutes
273.10 Applicability. ' ;
273.11 Generator : requirements. •
273.12 Transporter requirements. •
273.13 Consolidation point requirements.
273.14 Destination facility requirements.
273.15 Export requirements. . ,
Subpart C—Suspended and/or C«nceled
Pesticide* That Are Recalled
273.20 Applicability.
273.21 Generator requirements.
273.22 Transporter requirements.
273.23 Consolidation point requirements.
273.24 Destination facility requirements.
273.25 Export requirements.
Authority: 42 U.S.C. 6922,6923,6924,
6925, 6930, and 6937. •
Subpart A—General ,
§273.1 Applicability and scope. ;
(a) This part sets forth requirements .
for managing the following:
(l) Batteries that are hazardous
wastes; and . ...
(2) Pesticides that are hazardous
wastes and that meet the applicability
criteria of 40 CFR 273.20(a).;
(b) The regulations in this part are a, ,
conditional exemption from full
regulation under parts 260 through 272
of this chapter. Hazardous wastes listed
in paragraph (a) of this section that are
not managed in compliance with the
requirements of this part must be
managed according to the hazardous
waste regulations in 40 CFR parts 260
through 272 of this chapter. ,
|273.2 Criteria^ '"' " ;".'',;"'^1J,,.'.!
Any person seeking to add hazardous
wastes to this part may petition for a'
regulatory amendment under this
section and 40 CFR 2(30.20 and 260.34. .
To be successful, the petitioner must
, demonstrate that regulation under this :\
part is appropriate and that the part 273 ,
requirements will improve waste
management practices'. To do so, the
petitioner must submit adequate • •;
information to support the factors listed
in paragraphs (a) and (b) of this section.
(a] Demonstration that special
collection system regulations are
appropriate. (1) The waste is listed in
subpart D of part 261 of this chapter, or
(if not listed) the proportion of the waste -
stream that exhibits one or more of the V
characteristics identified in subpart C of
part 261 of this chapter; \--! •
, (2) The hazardous waste is present in )
significant amounts in the municipal • '
waste stream (e.g., commercial, ''.-', •
• agricultural, or community activity • • <
• waste streams);" . ••. .. >
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Federal Register / Vol. 58, No. :27 / Thursday; February 41; 199$ / Pjoposed-.Rules y ;
• :. (3)Thenumber:o£geheratorsion;a : -.
national basis, is greater than iiOOO;
•'-..:-: (4) Typical generation sites includes
(i)-' Isolated locations, where no other -
.hazardous wastes. are generated; - •-
•• , (ii). Locations where the hazardous •;;,-.
waste is typically the.only hazardous
•waste generated;. ." "• ,-.. ".;-; • ' :;, ., ",. •
{iii} Locations where the hazardous .
- waste is generated only sporadically or •
- infrequently; or . ,- '-. ; . '>..,.'-
(iv) -Locations where there are small. -.
quantities gen.erated.per month; . .-;.
(5). The risk posed by management of •.-.
the hazardous waste in the municipal .
--' waste stream (i.e., in municipal - : : '., >,\
cpmbustors or landfills) is relatively., . •' .;
.high; .and/or . -. .. :-, -• ; •'-.•-•-:-• ' , .(•• ?:." ' •
• .;(!B}. Other appropriate. information.. • ;
(b) Demonstration that Special .,
Collection System Regulations Improve-
: -Waste Management Practices. (1} The
'-risk posed by the hazardous,waste • . : . ;
..during storage and transport is relatively':
low, and'special collection system . ';• .,
regulations can be developed that are
.. .-protective of human health andihe :
-environment;.,"'- •••'.. ' : i - - --'-•_•
i ; (2) Systems to be used for collection
of the waste (including packaging, -,-.'.
'• marking, and labeling practices) would
, ensure close stewardship of the waste; •
.,, . (3) A special collection system would
facilitate removal of the waste from the : •
;. municipal waste stream; ••• i . , ; ' '.'
. - (4} If viable recycling technologies are
• -available for the. hazardous waste, a - •;•••.--'
.special collection' system would <-'. -:-:'•>
facilitate recycling; •. . :;••'. •.:.;:; '"•:'/ • ;.; :~L ;.•>
• (5) A special collection system would
, improve implementation of the ' :
•hazardous waste regulatory program.; .
and/or ' . -. >:'-.'' '• - :.'- /•.'• :• ;' ~r '' •'"
, (6) Such other factors as may be
appropriate. ', :'•.''; '•'.' ' v. ••"•,""
; -Definitons.;; ''\:'.". ' -: '•'/[
.For the .purposes of (Ms part: • •
(a) Battery means .;a device designed to ;
generate electric currents,' comprised of '
positive and negative electrodes made of
. electrically Conductive materials, and; ] >
.that.may*con.taki a separating medium,
'• .A battery may or may not contain a ,^ : ' •••-
j Gonductive'medium of electrolyte* .; * : t
ft)) CpnsoHdation paint means the . ^ -; • •
• area; including all contiguous property^' •
• used for storing wastes subject to 40; -, •
' GFR:part 273 'requiremBnts.aftetieeeip*
(from generators or other consolidation •
points and prior to transport-to ariqther :
consolidation, point or to a destination . ,
: facility.1 -,'•',.' ; -•• ;• . •- ; V. •. • •=. •-.• ? :-. : !•"• • ;• ;
r (cj Destination facility means a: ,
.Mzar'dous.'waste.treatment,- storage, :," , ;
recycling, or disposal facility which: (1)
•' Has received a permit (or interim status)
in 'accordance with the requirements of : ;
^parts270andl24ofthiseiiapter,.(2)
;Has received a permit (or interim status)
from a state authorized ill accordance
with part 271 of this chapter, or (3) Is
a recycler regulated under 40 CFR
•261.6(c)(2). If a waste is destined to a
facility in an authorized state which has
not yet -obtained authorization to
: regulate that particular waste as .
hazardous, then the designated facility ,
must be a facility allowed. by -the ;-•
'receiving state to 'accept sucVwaste. :
- (d) FIFRA means the Federal ; ' .-.'..'.
Insecticide, Fungicide, and Rodeniicide
'-' '' ""
-batteries regulated under this subpart i '
must manage the commingled batteries
under the requirements of this subpart,
.
(e) Generator means any person, by • ., .
site, whose act or process produces
'hazardous waste identified or listed in
part 261 ofthis chapter or whose act
first causes a hazardous waste to :.-':'
become subject to regulation,
(f) Transfer facility means any
transportation related facility including
loading docks, parking areas, storage'.;
areas and other similar areas where ,; ,
shipments of hazardous waste are held
^during the normal course of ; -
transportation. . p- ~'.'-.-:; I ••'-•; •:_
• (g) Transporter means a' person ' ._._
engaged in the off'site transpoirtatidn; of
-hazardous waste* by air, rail, highway, or
'' ' ' "
Subpart B— Batteries That Are
Hazardous Wastes .; ;;;j »:'^;-. ;•
§273.10 .
/ (a) Covered wastes, (i) Tfiis $ubpflit -:
. sets Iprth standards for ^ managing-; , •'• -!.
hazardous waste batteries, except for
'spent leadiacid batteries that, are sent for
reclamation and that are managed under
40 CFR -part ;266, subpart G. ; ;
(2) Hazardous waste batteries that are -
^not managed in compliance with the
^'re^u^mients-of-this part, or spent lead-
;acid batteries that are not managed in
compliance with 40 GFR part 266, ^
subpart Q, are subject to the hazardous
waste: regulations in 40 'GFR;parts<260: •
through 272 of this chapter; "
{b) Household and Conditionally
Exempt Small Quantity Generator Waste
Batteries (1) Persians managing the •• -
wastes listed below may, at their '6p.tio.ii,
manage them;under the requirements of
'this subpart-' without changing 'thef - -•'-• ••
- wastes' exempt status: ; • '-* ; ' -••
-::'! (i) Housshdld hazardous-Waste ' -- •••• -•- -j
batteries that are ^exempt under 4B CFR: •
261.4{b)(i); and/or ; : ;.• > ;
(iij Conditionally exempt small
r quantity generator hazardous waste
batteries .that are, exempt under 40 CFR
261.5. : : -'-;; . ..."s. . -. •' - /: ^.-U.S ''::-
(2) Persons who commingle :;-
household hazardous waste batteries ,
..and/or conditionally exempt.small •
quantity generator hazardous waste -.. ,"--
batteries together with, hazardous waste •
§273.11 . .
(a) Genetatiqn,of hazardous wastef
batteries. ,';, ;':: ,-* '•.' ., •>>.'•• •-.-•• ~-f - •• t./V. '
:• (l) The date a used- battery becomes" "•
a waste.is the- date, the generator .• - - •', '.•-'•
perm.anently takes it out of servica./
(2) The date an unuseii battery
becomes •&• waste is the- date the •, •'-, ";'-; '-....
generator decides to toow. it. away.' , :• .
'.- (3) A waste ;battery.is a hazardous. ••> ••-
waste, if it exhibits, one or ;mbrs of'ihe ;
characteristics identifieij in .40 G^R part' :
261,iSubpartG.; _ ',>,.- '•..-:• -!_• --.-':V\ . -yc
." '(b), Storage. (1)" A generator may store; .
a hazardous waste battery .for no, longer-.
than one year, from :the, date the battery '.. -
became a- waste. : ':'•'-..•• ' '""'":•> '::-.-
. (2) A generator who stores hazardous ,•
waste batteries must be able to •,., , , ,
demonstrate that batteries are -not stored
for more ;than-ons year from the date r
they, became wastes, ^generator may
make this demonstration. by:- ' .'".'• - :
• •• (i}' Placing the batteries in a container
and marking or labeling the container.
with: £he earliest -date that .any battery in •'
•the container became a waste; . " : -
(ii) Marking ptf labeling an tedividual ;
battery with the date that itrbeeame a
''' " '''' '' '
(iii)Maintaining an inventory system
: that identifies thedate any battery iii i .•'.
stprsige became a waste; ~-~ '•• :. /,) • -. ;> ••
(iy) Maintaining an inyerit6ry;system
battery in a group ;of batteries became a
waste; s \-r: (.-;• )• i;V",-"..' 1-y •- i ; v- )•'• ''•"' •••'
• (vjl Placing the batteries in a specific
storage area and identifying the earliest
date Siatrany battery in the storage p-ea
became.awaste.;or "'• '••-.•: '-'' , : »>-- s ;.y ,
(vi) Any other method approved in ; :
advance by the Regional Administrator
or the State Dkector.;' •:'-; • >.. • -;• • V t 5 • ;-
(c) Notification.:^} A generator,who >
stores .more .than 20,000 .kilograms of v ,
hazardous waste batteries'atariy time •
must send written notification of - :
hazardQus'waste battery .storage tp ihe.
Regional Admihistrator/and receive an
;EPA"Identificatiori Number, before: ; : /
exceeding'the' 20,QO.Oikilogram: quantity!
!limit.'••-';'•*.?•*- > t--v"-'? '-':-:-., i ^ •*-•-,*;;-'A>'
''"- (2) This hbtificatiopmust inGhide! '•
; •[ (i) The.generatdr's mame aiiei m'eiEng ;
.•address; ••..;; :i..,.-\.:,'-'.'.!-i:'.:'-.:,'-" -*''\''i-'' -'•>•'•
(ii) The name and business telephone
number.- of '&& person1 at .fee. generator's \
site who should be contacted regarding •
the battery storage activity;!. :«i: • ~ -.-A :
(iii)'The/address or, physical looatipri
of the featterystorage activity; 4 . , ; ;
• (iv) 'A statement indicating thati&e- f
feneratpr stores rnore than 20,000:'[ •; ; ,
ilograms of hazardous waste batteries.
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8130 Federal Register / Vol. 58, No. 27 / Thursday, February 11, 1993 / Proposed Rules
(d) Prohibitions. A generator of
hazardous waste batteries is:
(1) Prohibited from diluting or
disposing of them;
(2) Prohibited from treating them,
except by removing electrolyte or
responding to releases as provided in
paragraphs (e)(l) and (e)(3) of this
section; and
(3) Prohibited from sending or taking
the hazardous waste batteries to a place
other than a consolidation point,
destination facility, or foreign
destination.
(0) Battery Management. (1) A
generator who removes electrolyte from
hazardous waste batteries must
determine whether the electrolyte
exhibits a characteristic of hazardous
waste identified in 40 CFR part 261,
subpart C. If the electrolyte exhibits a
characteristic of hazardous waste, the
generator must manage it under all
applicable requirements of 40 CFR parts
260 through 272.
(2) A generator must manage
hazardous waste batteries in a way that
minimizes releases of any battery
components, including electrolyte.
(3]{i) A generator must immediately
contain all releases of electrolyte or
other residues from hazardous waste
batteries.
(ii) A generator must determine
whether any materials resulting from
the release are hazardous wastes, and if
so, the generator must manage them in
accordance with all applicable
requirements of 40 CFR parts 260
through 272.
(4) A generator must ensure that all
employees are thoroughly familiar with
proper waste handling and emergency
procedures, relative to their
responsibilities during normal facility
operations and emergencies.
{273.12 Transporter requirements.
(a) Shipments from a generator to a
consolidation point, from a generator to
a destination facility, or from one
consolidation point to another
consolidation point, (l) A transporter of
hazardous waste batteries may only
store them at a transfer facility for ten
days or less.
(2) A transporter of hazardous waste
batteries is:
(i) Prohibited from diluting or
disposing of them;
(ii) Prohibited from treating them, :
except by responding to releases as
provided in paragraph (a)(3)(ii) of this
section;
(iii) Prohibited from removing the
electrolyte from them; and
(iv) Prohibited from transporting them
to a place other than a consolidation
point, destination facility, or foreign
destination.
(3)(i) A transporter must manage
hazardous waste batteries in a way that
minimizes releases of any battery
components, including electrolyte.
(ii)(A) A transporter must
immediately contain all releases of
electrolyte or other residues from
hazardous waste batteries.
(B) A transporter must determine
whether any materials resulting from
the release are hazardous wastes, and if
so, the transporter must manage them in
accordance with all applicable
requirements of 40 CFR parts 260
through 272.
(b) Shipments from a consolidation
point to a destination facility. A
transporter who transports shipments
from a consolidation point to a
destination facility must comply with
40 CFR part 263.
§273.13 Consolidation point
requirement*.
(a) Storage. (1) The owner or operator
of a consolidation point may store a
hazardous waste battery for no longer
than one year from the date that the
owner or operator receives it.
(2) The owner or operator of a
consolidation point who stores
hazardous waste batteries must be able
to demonstrate that batteries are not
stored for more than one year from the
date they were received. The owner or
operator may make this demonstration
by:
(i) Placing the batteries in a container
and marking or labeling the container
with the earliest date that any battery in
the container was received;
(ii) Marking or labeling an individual
battery with the date that it was
received;
(iii) Maintaining an inventory system
that identifies tlie date any battery in
storage was received;
(iv) Maintaining an inventory system
that identifies the earliest date that any
battery in a group of batteries was
received;
(v) Placing the batteries in a specific
storage area and identifying the earliest
date that any battery in the storage area
was received; or
(vi) Any other method approved in
advance by the Regional Administrator
or the State Director. ;_
(b) Prohibitions. The owner or
operator of a consolidation point
managing hazardous waste batteries is:
(1) Prohibited from diluting or
disposing of them;
(2) Prohibited from treating them,
except by removing electrolyte or
responding to releases as provided in
paragraphs (c)(l) and (c)(3) of this
section; and
(3) Prohibited from sending or taking
the hazardous waste batteries to a place
other than another consolidation point,
destination facility, or foreign
destination.
(c) Battery Management. (1) The
owner or operator of a consolidation
point who removes electrolyte from,
hazardous waste batteries must
determine whether the electrolyte
exhibits a characteristic of hazardous
waste identified tit 40 CFR part 261,
subpart C. If the electrolyte exhibits a
characteristic of hazardous waste; the
consolidation point owner/operator
must manage it under all applicable
requirements of 40 CFR parts 260
through 272.
(2) The owner or operator of a
consolidation point must manage
hazardous waste batteries in a way that
minimizes release 3 of any battery
components, including electrolyte.
(3 J(i) The owner or operator of a
consolidation point must immediately
contain all releases of electrolyte or
other residues from hazardous waste
batteries.
(ii) The consolidation point owner/
operator must determine whether any
materials resulting from the release are
hazardous wastes, and if so, the owner/
operator must manage them in
accordance with all applicable
requirements of 4CI CFR parts 260
through 272.
(4) The consolidation point owner or
operator must ensure that all employees
are thoroughly familiar with proper
waste handling and emergency
procedures, relative to their
responsibilities during normal facility
operations and emergencies.
(d) Notification. (l)(i) A consolidation
point owner or operator who stores
more than 20,000 kilograms of
hazardous waste batteries at any time
must submit written notification to the
Regional Administrator, and receive an
EPA Identification Number, before
exceeding the 20,000 kilogram limit.
(ii) This notification must include:
(A) The owner's or operator's name
and mailing address;
(B) The name and business telephone
number of the person who should be
contacted regarding the battery storage
activity;
(C) The address or physical location
of the battery storage activity;
(D) A statement indicating that the
owner or operator expects to store more
than 20,000 kilograms of hazardous
waste batteries.
(2)(i) A consolidation point owner or
operator who sends a shipment of
hazardous waste batteries directly from
the consolidation point to a destination
facility, who is not required to notify
under paragraph (cl)(l) of this section,
must submit written notification to the
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• Federal Bagister / Vol. 58,^No. 27 7 Thursday,-February-.-liy 1993 / Proposed!
8131-
Regional Administrator, and receive an
EPA Identification Number* before
initiating the shipment,
(ii) This notification must include:
(A) The owner's or operator's .name
and mailing address;
(B), A statement that the owner or
operator intends to ship hazardous
waste batteries to a destination facility;
(C) The name and business telephone.
number of the person who should be
contacted regarding the battery storage
activity; and
(D) The address or physical location
of the battery storage activity.
(e) Uniform Hazardous Waste ,
Manifests. The owner oroperator of a
consolidation point who sends a
shipment of hazardous waste batteries
directly to a destination facility must ,
comply with subpart B of 40 GFR part
262 and 40 CFR 262.30 through 262.33,
262.40{a), 262.40{d), and 262.42 of this
chapter when initiating a shipment.
§273.14 DsatinalSan facility raquiremante.
{a) Owners or operators of destination
facilities that recycle, treat, store, or
dispose of hazardous waste batteries
must comply with all applicable
requirements of parts 264, 265, 266, 268,
270, and 124 of this chapter, and the
notification requirement under Section
3010ofSCRA.
(b) Owners and operators of
destination facilities that recycle
hazardous waste batteries without
storing them before they are recycled
must comply with 40 GFR 261.6(c)(2).
§373.13
(a) A generator who sends hazardous
waste batteries to a foreign destination,
without first sending them to a
consolidation point or destination
facility, must:: , :
(1) Comply with the requirements
applicable to a primary exporter in 40
CFR 262.53, 262.56(a)(l) through (4),
(6) ,: and (b) and 262.57; -"-"'.'-.
(2) Export such materials only upon
Consent of the receiving country and in
conformance with the EPA .
Acknowledgement of Consent as
defined in subpart E of part 262 of this
chapter; and
(3) Provide a copy of the EPA
Acknowledgement of Consent for the
shipment to the transporter transporting
the shipment for export ,
(b) A transporter transporting a
shipment of hazardous waste batteries
to a foreign destination may not accept
a shipment if the transporter knows the
shipment does not conform to the EPA
Acknowledgment of Consent. In
addition the transporter must ensure
•that: ••„• "•':,:' ::•:•• v.- •.-, ..'-'•„ • -
(1) A copy of the EPA
Acknowledgment of Consent ' '
accompanies the shipment; and
(2) "pie shipment is delivered to the
facility designated by the person .
initiating-the Shipment
(c) An owner or operator of a
consolidation point who sends
hazardous waste batteries to a foreign .
destination, without first sending them
to another consolidation point or
destination facility, must
(1) Comply with the requirements
applicable to a primary exporter in 40
CFR 262.53, 262.56{a)(l) through (4),
(6), and (b) and 262.57;
(2 j Export such materials only upon
consent of the receiving country and in
conformance with the EPA
Acknowledgement of Consent as
defined in subpart S of part 262 of this
chapterrand
(3) Provide a copy of the EPA
Acknowledgement of Consent for the
shipment to the transporter,transporting
the shipment for export. '...'• . :
(d) A destuiation facility sending
hazardous waste batteries to a foreign
destination must also comply with the
generator requirements of part 262 of
this chapter, and with 40 GFR 264.71(c)
- or 265.71(c) pertaining to initiating the
manifest.
" Subpart. O— Suspended andfer ;.'•-.'. ' "
Canceled Pesticides That ars.Rsealted
(a) Covered Wastes. (1) This subpart
sets forth standards for managing :
hazardous waste pesticides meeting the
following conditions:
(i) The hazardous waste pesticides are
stocks of a suspended and canceled
pesticide, other than those owned by a
registrant, that are part of a voluntary or
mandatory recall under FIFRA Section
19(b);or
(ii) The hazardous waste pesticides
are stocks of a suspended and canceled
pesticide owned by a registrant
responsible for conducting a recall
under FIFRA section 19(b); or
(iii) The hazardous waste pesticides
are part of a recall conducted
voluntarily by a registrant of a pesticide
that has been suspended or canceled
under FIFRA section 6. ....'•
(2) Hazardous waste pesticides that '
are not managed in compliance with the
requirements of this part must be
managed under the hazardous waste
regulations in 40 CFR parts 260 through
272 of this chapteri
(3) Hazardous waste pesticides ;
managed by farmers in compliance with
40 CFR 262.70 are not subject to the
requirements of thispart. 40 CFR 262.70
addresses only pesticides disposed of :on
the farmer's own farm in a manner
consistent with the disposal instructions
on the pesticide label, providing the
container is triple rinsed in accordance
with 40 CFR 26i,7(b3(3). ' .-,.
(b) Household 'and Conditionally
Exempt Small Quantity {Generator Waste
Pesticides. (1) Persons managing the
wastes listed below may, at their option/
manage them under the requirements of
this subpart without changing the
wastes' exempt status: • •'•-...
(i) Household hazardous waste
pesticides that are exempt under 40 CFR
261/4(b)(l); and/or
(ii) Conditionally exempt small
quantity generator hazardous waste
pesticides that are exempt under 40 CFR
261.5. ; •'•-.•••'..-•.
(2) Persons who comrningls
household hazardous waste pesticides
and/or conditionally exempt small '-"
quantity generator hazardous wasta
pesticides together with hazardous
waste pesticides regulated under this
subparttnust manage the commingled
pesticides under the requirements of
this subpart. ',.
§273.21:
(a) Generation of hazardous waste
pesticides. (I) A pesticide becomes a
waste: : " ' -' '. :-..-
(i) On the date the generator decides
to participate in a recall, if the person -
conducting the recall has already
decided to dispose of "the pesticide or
burn the pesticide for energy recovery;
or . '" . ' / -.'•;". . :- " ••-. . !"
(iij(A} On the date the person
conducting a FIFRA Section 19 recall
decides to dispose of the pesticide or
burn the pesticide for energy recovery,
if the generator has already notified the
recaller that he will participate hi the
recall; or
(B) On the date the person conducting
a recall of a pesticide suspended or
canceled under FIFRA section 6 decides
to dispose of the pesticide or burn .the
pesticide for energy recovery, if the
generator has already decided to
participate in the recall. .
(2) « the person conducting the recall
has riot yet made a decision on a" -
management option, the pesticide is not
yet defined as a "solid waste" under .
RCRA; thus, the pesticide is not yet a
hazardous waste and is not subject to .
hazardous waste requirements. In
addition, if the person conducthig the
recall selects a management option that,
under 40 CFR 261.2, does not cause the
pesticide to be a solid waste (i.e., the
selected option is use or reuse-r-other
than burning for energy recovery or use
constituting disp6sal-K>r reclamation),
the pesticide is not a hazardous waste
and is riot subject to hazardous waste
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8132
Federal Register / Vol. 58, No. 27 / Thursday, February 11, 1993 / Proposed Rules
requirements. Although pesticides that
are not solid wastes are not hazardous
•wastes and thus are not subject to the
hazardous waste regulations, they
remain subject to the requirements of
F1FRA.
(3) A waste pesticide is a hazardous
waste if it is listed in 40 CFR part 261,
subpart D or if it exhibits one or more
of the characteristics identified in 40
CFR part 261, subpart C.
(b) Condition of pesticides. A
generator of hazardous waste pesticides
may manage them under this subpart
only if they are contained in one or
more of the following:
(1) Packaging materials (either
containers or tanks) that are:
(i) Original materials used to contain
the pesticide when it was being
distributed or sold; and
(ii) Kept closed and not leaking.
(2) Packaging materials that are
original packaging that has been
overpacked in a larger, non-leaking
closed container.
(3) Tanks that meet the requirements
of 40 CFR part 265 subpart J, except for
40 CFR 265.197(c), 265.200, and
265.201.
(4) Non-leaking transport vehicles or
vessels.
(c) Starose. (1) A generator may store
hazardous waste pesticides for no longer
than one year from the date the
pesticides became wastes,
(2) A generator who stores hazardous
waste pesticides must be able to
demonstrate that the pesticides are not
stored for more than one year from the
date they became a waste. A generator
may make this demonstration by:
(I) Marking or labeling the container
or tank in which the pesticide is stored
with the date the pesticide became a
waste;
(ii) Maintaining an inventory system
that identifies the date the pesticides in
storage become wastes;
(iii) Placing the pesticides in a
specific storage area and identifying the
earliest date that any pesticide in the
storage area became a waste; or
(iv) Any other method approved in
advance by the Regional Administrator
or the State Director.
(d) Prohibitions, A generator of .
hazardous waste pesticides is:
(1) Prohibited from diluting or
disposing of them except under 40 CFR
262.70;
(2) Prohibited from treating them,
except by responding to releases as
provided in paragraph (e) of this
section; and
(3) Prohibited from sending or taking
the pesticides to a place other than a
foreign destination, or a consolidation
point or destination facility designated
by the person conducting the recall.
(e) Pesticide Management. (1) A
generator must immediately contain all
releases of hazardous waste pesticides.
(2) A generator must determine
whether any materials resulting from
the release are hazardous wastes, and if
so, the generator must manage them in
accordance with all applicable
requirements of 40 CFR parts 260
through 272.
(3) A generator must ensure that all
employees are thoroughly familiar with
proper waste handling and emergency
procedures, relative to their
responsibilities during normal facility
operations and emergencies.
§273.22 Transporter requirements.
(a) Condition of pesticides. A
transporter of hazardous waste
pesticides must contain them in one or
more of the following: '
(1) Packaging materials (either ,
containers or tanks) that are:
(i) Original materials used to contain
the pesticide~when it was being
distributed or sold; and
(ii) Kept closed and not leaking.
(2) Packaging materials that are
original packaging that has been
overpacked in a larger, non-leaking,
closed container.
(3) Non-leaking transport vehicles or
vessels.
(b) Storage. A transporter of
hazardous waste pesticides may only
store them at a transfer facility for ten
days or less.
(c) Prohibitions. A transporter of
hazardous waste pesticides is:
(1) Prohibited from diluting or
disposing of them;
(2) Prohibited from treating them,
except by responding to releases as
provided in paragraph (d) of this
section; and
(3) Prohibited from transporting them
to a place other than a foreign
destination, or a consolidation point or
destination facility designated by the
person conducting the recall.
(d) Pesticide Management. (1) A
transporter must immediately contain
all releases of hazardous waste
pesticides'. "
(2) A transporter must determine
whether any materials resulting from
the release are hazardous wastes, and if
so, the transporter must manage them in
accordance with all applicable
requirements of 40 CFR parts 260
through 272.
§273.23 Consolidation point
requirements.
(a) Condition of pesticides. The owner
or operator of a consolidation point ,
managing hazardous waste pesticides ,
must contain them in one or more of the
following:
(1) Packaging materials (either •'••"•'
containers or tanks) that are:
(i) Original materials used to contain
the pesticide when it was being
distributed or sold; and
(ii) Kept closed and not leaJking.
(2) Packaging materials that are
original packaging that has been
overpacked in a larger, non-leaking
closed container. -
(3) Tanks that meet the requirements
of 40 CFR part 265 subpart J, except for
40 CFR 265.197(c), 265,200, and
265.201. ;
(4) Non-leaking transport vehicles or
vessels.
(b) Storage. (1) The owner or operator
of a consolidation point may store
hazardous waste pesticides for no longer
than one year from the date the owner
or operator receives them.
(2) The owner or operator of a
consolidation point who stores
hazardous waste pesticides must be able
to demonstrate that the pesticides are
not stored for more than one year from
the date they were received. The owner
or operator may make this
demonstration by:
(i) Marking or labeling the containers
or tanks in which the pesticides are
stored with the date the pesticides were
received;
(ii) Maintaining an inventory system
that identifies the date the pesticides in
storage were received;
(iii) Placing the pesticides in a
specific storage area and identifying the
earliest date that any of the pesticides in '
the storage area were received; or
(iv) Any other method approved in
advance by the Regional Administrator
or the State Director. •
(c) Prohibitions. The owner or
operator of a consolidation point
managing hazardous waste pesticides is:
(1) Prohibited from diluting or.
disposing of them;
(2) Prohibited from treating them,
except by responding to releases as
provided in paragraph (d) of this
section; and
(3) Prohibited- from sending or taking
them to a place other than a foreign
destination, or a consolidation point or
destination facility designated by the
person conducting the recall.
(d) Pesticide Management. (1) The
owner or operator of the consolidation
point must immediately contain all
releases of hazardous waste pesticides.
(2) The consolidation point owner/
operator must determine whether any
materials resulting from the release are
hazardous wastes, and if so, the owner/
operator must manage them in
accordance with all applicable
requirements of 40 CFR parts 260
through 272.
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(3) The consolidation point owner or
operator must ensure thai all employees
" are thoroughly familiar with proper
waste handling and emergency
procedures, relative to their
responsibilities during normal facility
operations and emergencies. "
§ 273.24 pestinetlon facility requirements.
(a) Owners or operators of destination
facilities that recycle, treat, store, or
dispose .of hazardous waste pesticides
must comply with all applicable
requirements of parts 264,265,266,268,
270, and 124 of this chapter, and the
notification requirement under Section
3010ofRCRA.
(b) Owners and operators of
destination facilities that recycle
hazardous waste pesticidesjwithout •
storing them before they are recycled
must comply with 40 CFR 261.6(0(2).
§ 273.25 Export requlremante.
(a) A generator who sends hazardous
waste pesticides to a foreign destination,
without first sending them to a
consolidation point or destination
facility, must:
(1) Comply with the requirements
applicable to a primary exporter in 40
CFR 262.53, 262.56(a) (1) through (4),
(6), and (b) and 262.57;
(2) Export such materials only upon
consent of the receiving country and in
conformance with the EPA
Acknowledgement of Consent as
defined in 40 CFR part 262 subpart Ej
and -.' •-"••'.. -. - I -• .. " -
(3) Provide a copy of the EPA
Acknowledgement of Consent for the
shipment to the transporter transporting
the shipment for export.
(b) A transporter transporting
hazardous waste pesticides to a foreign
, destination may not accept a shipment •
if the transporter knows the shipment
does not conform to the EPA
Acknowledgment of Consent. In
addition, the transporter must ensure
that: •••,. ".' •• •.: • .' .".'-'. , ,:" '•
(1) A copy of the EPA
Acknowledgment of Consent
accompanies the shipment; and
(2) The shipment is delivered to the^
facility designated by the person ."'.
initiating the shipment.
(c) An owner or operator of a
consolidation point who sends, -
hazardous waste pesticides to a foreign
destination, without first sending them
to another consolidation point or to a
destination facility, must:
(1) Comply with the requirements
applicable to a primary exporter in 40
CFR 262.53, 262.56(a)(l) through (4),
(6), and (b) and 262.57;
(2) Export such materials only upon
consent of the receiving country and in
conformance with the EPA
Acknowledgement of Consent as
defined in 40 CFR part 262 subpart E;
and;. . ". : -. . . -', - -" ...
(3j Provide a copy of the EPA
Acknowledgement of Consent for the
shipment to the transporter transporting
the shipment for export.
(d) A destination facility sending
hazardous waste pesticides to a foreign
destination must also comply with the
generator requirements of part 262 of
this chapter, and with 40 CFR 264.71(c)
or 265.71(c) pertaining to initiating the
manifest. . • "
(e) Recalled pesticides that are
exported to a foreign destination for use
or reuse are not hazardous waste
pesticides and are subject to the
applicable export requirements of
¥JFRA.: - • '• ••.-. : -.•'•".',
[FR Doc. 93-2700 Filed 2-^iO-93; 8:45 am]
BILUNQ CODE 9560-8H>
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