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
                              '

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                                        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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              Federal

   (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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