Tuesday
November 17, 1981
Part
-..Protection Agency
Interim Status Standards for Owners and
Operators of Hazardous Waste
Treatment* Storage and DfsposaF
Faculties . " , - : -,'. :
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56592 Federal Register / Vol. 46, No. 221 / Tuesday, November 17,1981 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFB Part 265
ISWH-FRL1960-5]
interim Status Standards for Owners
and Operators of Hazardous Waste
Treatment, Storage, and Disposal
Facilities
\
AGENCY: Environmental Protection
Agency.
ACTION: Interim final rule and interim
final amendments to rules and request
for comments.
SUMMARY: The Environmental Protection
Agency (EPA) hasi issued standards
applicable to owners and operators of
hazardous waste management facilities
as required by the Resource
Conservation and Recovery Act
(RCRA). One of these standards bans
the disposal of most containerized liquid
hazardous waste in landfills, effective
November 19,1981. As a result of
reconsideration of this restriction, EPA
is today promulgating an interim final
rule to allow the disposal of small
containers of liquid and solid hazardous
waste in landfills provided that the
wastes are placed in overpacked drums
(lab packs) in the manner specified in
today's rule. The purpose of today's rule
is to provide an environmentally sound
disposal option for generators of small
containers of hazardous wastes, such as
laboratories.
DATES: Interim final rule and interim
final amendments effective November
17,1981.
COMMENT DATE: The Agency will accept
comments on this rule and amendments
until January 18,1982.
ADDRESSES: Comments should be
addressed to Deneen M. Shrader,
Docket Clerk, Office of Solid Waste,
(WH-582), U.S. Environmental
Protection Agency. 401M Street, S..W.,
Washington, D.C. 20480, telephone (202)
755-9173. Comments on today's interim
final rule and amendments should
identify the regulatory docket as
follows: "Section 3004—Lab packs."
FOB FURTHER INFORMATION CONTACT:
The RCRA hazardous waste hotline, toll
free at (800) 424-9346 (544-1404 in'
Washington, D.C,). For technical
information contact Kenneth Shuster,
Program Manager, Land Disposal
Branch, Office of Solid Waste (WH-
504), U.S. Environmental Protection
Agency,*401 M Street, S.W.,
Washington. D.C, 20460, telephone (202)
755-9125.
SUPPLEMENTARY INFORMATION:
I. Introduction
On May 19, .1980, EPA promulgated
hazardous waste regulations in 40 CFR
Parts 260-265 (45 FR 33066 et seq.) which
established, in conjunction with earlier '
regulations promulgated on February 26,
1980 (45 FR 12721 et seq.), the principal
"elements of the hazardous waste
management program under Subtitle C
of the Resource Conservation and
Recovery Act-of 1976, as amended (42
U.S.C. 6921, et seq.). Since that time, the
Agency has received numerous requests
to promulgate regulations tailored to the
special problems involved in the
management of smaller quantities of
different hazardous wastes. In
particular, some commenters have
stated that some of the interim status
hazardous waste standards for landfills
are geared towards large, homogeneous
waste streams but are inappropriate for
generators, such as laboratories, who
produce smaller quantities of many,
different wastes. For reasons discussed
in Sections II and III of this preamble,
many of these commenters have
requested that the Agency allow these
smaller quantities of waste to be
disposed of in landfills when packaged
in "lab packs."
, Laboratory wastes are commonly
collected in small containers ranging in
size from an ampule to 5 gallon pails.
. These containers are surrounded by
some type of absorbent material such as
vermiculite and overpacked in large
drums (usually 55 gallon) prior to
disposal in a secure landfill. The entire
package is commonly called a lab pack.
Although the term lab pack is
generally used to refer to a method of
disposing of laboratory wastes, today's
rule is not limited to the disposal of such
wastes, The disposal option authorized
by today's rule may be utilized by any.
type of generator. It is designed to
accommodate generators who produce
smaller quantities of many different
wastes.
Today's amendments are designed to
relax two separate prohibitions against
the landfilling of lab packs which would
otherwise have become effective on
November 19,1981. Section 265.312
allows the burial of containerized liquid
ignitable waste in landfills until
November 19,1981. After that date,
liquid ignitable waste may not be placed
in landfills. Section 265.314 prohibits,
after November 19,1981, the burial of •
containerized liquid hazardous wastes
except very small containers, such as an
ampule, or containers designed to hold
liquids for a use other than storage, such
as a battery or capacitor. (See 45 FR
33213 (May 19,1980) and 45 FR 33502
(June 29,1981) for explanations of these
prohibitions.) The Agency has received
numerous requests to allow lab packs
containing liquid and liquid ignitable
hazardous wastes to be disposed of in
secure landfills after November 19,1981,
the effective date of the prohibitions.
The disposal of hazardous wastes in
' lab packs is a common practice for
many small volume generators (not
necessarily small quantity generators as
defined in 40 CFR 261.5) including,
.particularly, commercial research
laboratories, school laboratories, and
large Governmental laboratories. This
represents a general trend away from
previous improper disposal methods for
these types of wastes, such as mixing
these wastes in dumpsters with
municipal waste or pouring the wastes
down the drain.
Preliminarily, it should be noted that
many high school, college and
university, or other sinall laboratories
may be small quantity generators and,
therefore, need not comply with the full
RCRA hazardous waste management
regulations provided that the wastes are
managed in accordance«with § 261.5(g).
If generators are small quantity
generators as defined in 40 CFR 261.5,
their wastes, including those placed in
lab packs, are not subject to the RCRA
regulations contained in Parts 262
through 267 and Parts 122 through 124, or
'to the notification requirements of
section 3010 of RCRA, provided that the
generator complies with § 261.5(g).
Hazardous wastes_subject to the
reduced requirements of § 261.5 may be
mixed with non-hazardous wastes and
remain subject to these reduced
requirements, even though the resultant
mixture exceeds the quantity limitations
identified in § 261.5, unless the mixture
meets any of the characteristics of
hazardous waste identified in Subpart C
of Part 261.
Several commenters representing
laboratories have stated that although
they qualify for the small quantity
generator exemption, they would prefer
to dispose of their hazardous wastes at
a RCRA-permitted or interim status
hazardous waste landfill. By allowing
the disposal of lab packs in hazardous
waste landfills,, the Agency is providing
a practical disposal option for these
generators, as vyell as for the generators
who do not qualify for the small',
quantity generator exemption. ; '' •
II. Summary of Comments
Most of the comments that the Agency
has received on the subject of lab packs
have been in responses to the February
20,1981 amendment to 40 CFR 265.312,
which concerns the disposal of ignitable
wastes in landfills. These commenters
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Federal Register ./ Vol. 46,, No. 221 /Tuesday, November 17, 1981 / Rules and Regulations 56593
stated that disposal of lab packs in
secure landfills is environmentally
sound, provided that certain packaging
and pretreatment conditions are ,
followed. The qonimentersi in general,
requested that small containers— ,
ampule to 5-gallon pails—should be
allowed to be disposed of in lab packs
in landfills. One commenter specifically
requested that small containers (one
gallon and smaller, approved for DOT
shipment) be permanently allowed to be
landfilled since these non-leaking, small
containers, in cartons and palletized, do
not pose a substantial risk to human
health and the environment. However,
the commenter further stated the EPA
could require that small containers be
placed in 55-gallon steel drums with the
voids packed with absorbent materials
before landfilling. ...
The commenters stated that the
techniques for handling lab packs
prevent the potential for escape of
liquids. Additionally, they stated that.
the quantity of such waste is small and
will not burden landfills that are
capable of handling chemical waste.
Even if the bottles or cans break or leak,
the packing will absorb the liquids.
Commenters also stated that isolating
materials that may be incompatible is
very important (i.e., incompatible .
materials should not be placed in the
same lab pack),' since chemicals must
not be allowed to react to cause fires or
other hazards. Further, one commenter
provided a list of substances that he felt
should not be allowed to be'lab-packed
for disposal in landfills because, even in
small quantities, these substances
present too great a hazard for land
disposal.
III. Discussion of the Problem .
Many thousands of generators
currently generate a variety of
hazardous "wastes in smaller quantities.
Most of these generators are ,
laboratories, including chemistry and
biology'laboratories in junior and senior
high schools, colleges and universities,
hospitals and clinics, Governmental
agencies with laboratories, large and
small research firms; and chemical,
pharmaceutical and other manufacturing
firms.
Although the number of generators
fitting this description is not known, the
15th edition of Industrial Research
Laboratories of the United States
contains information on 10,028 research -
and development facilities belonging to
6,947 organizations engaged in ,
fundamental and applied research,
including development of products and
processes. Most of the facilities are
owned and operated by industrial firms
but some foundations and cooperatively
supported units are also covered, as
well as university laboratories having •
research facilities separate from -
.university control. The American
Chemical Society's Directory of College
Chemistry Faculties (which covers two-
and four-year colleges and universities)
lists approximately 3,200 college
department of chemistry, bio* - .
chemistry, chemical engineering, or .:.
medical-pharmaceutical chemistry, each
. of which can be expected to have at
least one laboratory. .
The Agency has received several
examples indicating the magnitude 'of
laboratory waste generation. One large
university stated that it has more, than
2,000 laboratories, each or which
generates a' wide variety of waste -
chemicals in small quantities, One
company that picks up small quantities
of laboratory wastes from generators
and then packs and transports the
wastes in lab packs for disposal
commented.that it handled over 25,000 '
different chemicals in approximately
500,000 small containers in 1980. The
containers varied generally from
ampules of a few grams to 5-gallon pails."
One research laboratory stated that it
typically generates well over a thousand
such small containers-fseVeral milliliters
up to about one gallon in size) for
disposal each month. .
The availability of commercial
treatment options for small quantities of
hazardous waste is greatly limited. A
typical laboratory produces small
quantities; of many different wastes. The.
variety and quantity of compounds
discarded are often.unpredictable. Often
the specific waste characteristics are -
unknown and the cost to characterize.
such wastes is prohibitive. Commercial
treatment facilities (e.g., incinerators
• and solvent recovery operations)
typically accept only reasonably sized
lot's of well-characterized liquid wastes -
delivered in a form which makes them
readily suitable for treatment. Diverse
•laboratory wastes in small containers
are not considered to be readily suitable
for treatment by operators of these .
facilities.
Because in many cases the contents of
each small container of laboratory or
hazardous waste cannot be precisely
defined, commercial waste handlers are
reluctant to incinerate them. Proper
incineration requires analysis of waste
feeds for identification and designation
of principal organic hazardous
constituents, a very difficult task with
respect to diverse drummed wastes. .
IV. Solutions '
Based on the lack of available
treatment or disposal options for
laboratory wastes and on the Agency's
conclusion that landfill disposal of small
containers of hazardous wastes in
overpacked drums is environmentally
sound, the Agency has decided to allow
lab packs to be disposed of in hazardous
waste landfills.
The Agency believes that the disposal
of lab packs in landfills is an
environmentally sound practice.
Although the drums in which the
laboratory wastes are overpacked will
eventually degrade, the Agency believes
that by having, at a minimum, sufficient
absorbent material in each.drum to %
completely absorb all of the liquid
content of the inside containers, lab
packs will not .contribute substantial
volumes of liquids to landfill leachate.
Today's requirement that the outside
container be full (i.e., absorbent material
to the top of the drum with-np void
space), will assure'that no breakage or >
rupture of,the inside containers will
occur, during handling and placement. ,,
One disposal alternative, other than* :.,
disposal in lab packs, is to mix liquid •
wastes with an absorbent material
before placement in a drum, "or to pour.
liquid wastes directly into, drums with
sufficient absorbent material to' solidify
the liquid-wastes. Provided that the '
liquids are sufficiently absorbed or •
solidified to remove free liquids, full
drums of such treated wastes are
already allowed to be landfilled under
the regulations, even after the" § 265.314
Ban on containerized liquids in landfills
takes effect. This method differs from
packaging jn lab packs in that liquid
wastes are absorbed prior to disposal '
rather than contained in inside
containers. The effectiveness of the
absorption is therefore observable.
While the option of mixing before .
disposal may be viable for some
generators, based on the chemical
handling procedures of many
laboratories, disposal in overpacked
inside containers may be much more -
practical and often safer for small
quantities of wastes, ' ,
V. DOT and EPA Coordination ,
The Department of Transportation
(DOT) has issued regulations .governing T
the transport of hazardous materials at
49 CFR Parts 171-179. Those regulations
specify packaging requirements
applicable to the transport of hazardous
materials in commerce within the United
States. However, the DOT regulations
do not cover all hazardous wastes and,
.are not applicable to all lab-packs (e.g.,
lab packs disposed of on-sitej. :
It should be noted that EPA has ;
previously adopted certain DOT
regulations in its Standards Applicable
to Generators of Hazardous Waste (40
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56594 Federal Register / Vol. 46, No. 221 / T^^fyj^°Jf"^^HL^^(^i^l-^l
CFR Purl 262). Pursuant to § 262.30, a
generator who transports hazardous
•waste or offers hazardous waste for
transport off-site, ::nust package the
waste in accordance with applicable
DOT regulations on packaging under 49
CFR Parts 173,178, and 179. Therefore,
any generator transporting lab packs for
off-site disposal is already required to
conform with all applicable DOT
requirements for packaging.
The objective of the DOT regulations
is to insure the safe transport of
hazardous materials. EPA's concern in
promulgating today's regulation is to
insure the safe disposal of hazardous
wastes. To the extent possible, EPA has
adopted DOT specifications for the
packaging of lab packs for disposal.
However, because the objective of the
DOT regulations varies, somewhat from
the purpose of today's rule, in some
cases the requirements of § 265.316 are
different, or stricter than the DOT
requirements. However, the Agency has
attempted to ensure consistency with
the requirements of DOT and to avoid
the imposition of conflicting
requirements wherever possible.
Today's rule applies certain DOT
specifications to some situations which
are outside of DOTs jurisdiction and
thus are not directly covered by the
DOT regulations (e.g., lab packs being
disposed of on-site). On the other hand,
generators or transporters who are
already covered by the DOT regulations
must still comply with all applicable
sections of those regulations. Thus lab
packs offered for transportation may, as
in the past, be subject to additional DOT
requirements such as weight and
container size limitations. In addition,
DOT prohibits the shipment of corrosive
liquids in metal outside drums or barrels
(see 49 CFR 173.25) unless an exemption
is obtained in accordance with 49 CFR
Part 107 Subpart B. Since EPA is
requiring metal outside containers for
purposes of disposal (§ 265.316(b)),
persons subject to the DOT regulations
wishing to dispose of corrosive liquids
in lab packs must first obtain an
exemption from DOT.
, VI. Content of the Regulation
To achieve the objectives discussed
above, today's regulation adds a new
section to Part 265 (§ 265.316) and makes
conforming amendments to §§ 265.312
and 265.314. In accordance with today's
regulation, wastes to be disposed of in
lab packs must be packaged in sealed
inside containers. The inside containers
must be of a design and constructed of a
material that will not react dangerously
with, be decomposedjby, or be ignited
by, the waste heldytherein. In addition,
the inside containers must be of the size
and type specified in the DOT
hazardous materials regulations (49 CFR
Parts 173,178 and 179), if those
regulations specify a particular inside ,
container for that waste. The
requirement of using DOT-specified
inside containers for purposes of
packaging wastes for dispmaLin lab
packs Is applicable whether or not the
lab pack will be regulated by DOT for
• purposes of transportation. The reason
that EPA is adopting DOT's
specifications for inside containers is
that EPA seeks to achieve the same
objective that DOT has defined in its
regulations, namely that the inside
containers safely and effectively hold a
material without leakage. Based on the
fact that EPA seeks to achieve the same
objective, the Agency has decided to
employ the DOT specificatiohsffor
inside containers.
The DOT hazardous materials
regulations do not specify inside
containers for all hazardous wastes,
however. Therefore, for any waste not
addressed in the DOT regulations,
inside containers must meet only the
general performance standard (i.e., be of
a design and constructed of a material
that will not react dangerously with, be
decomposed-by, or be ignited by, the
waste held therein).
In'addition to the requirement that
the inside containers be non-leaking, the
Agency has also included a requirement
in § 265.316(a) that all inside containers
be tightly and securely sealed. This
requirement is intended to help insure
that no waste leaks from the inside
containers before the lab pack is placed
in the landfill.
Section 265.316(d) prohibits the
placement of incompatible Wastes in the
same outside container. The purpose of
this restriction is to prevent any
potentially dangerous reaction between
wastes packaged in the same lab pack.
The DOT hazardous materials
regulations contain a similar provision.
Those regulations state that the offering
of packages of hazardous materials in
the same packaging, freight container, or
overpack, with other hazardous
materials, the mixture of contents of
which would be liable to cause a
dangerous evolution of heat or gas or
produce corrosive materials, is
forbidden except as specified (see 49
CFR 173.21). EPA has included a similar
provision, however, because not all .,.-.'
hazardous wastes and thus not all lab
packs will be covered by the DOT
regulations.
In addition to the prohibition against
co-packaging incompatible wastes
contained in § 265.316, it should be
noted that § 265.313 already prohibits
the placement of incompatible wastes or
incompatible wastes and materials in
the same landfill cell unless § 265.17(b)
is complied with. Section 265.17{b)
states that: the mixture or commingling
of incompatible wastes or incompatible
wastes and materials must be conducted
so that it does not: (1) Generate extreme
heat or pressure, fire or explosion, or
violent reaction; (2) Produce -
uncontrolled toxic mists, fumes, dusts,
or gases in sufficient quantities to
threaten human health; (3) Produce
uncontrolled flammable fumes or gases
in sufficient quantities to pose a risk of
fire or explosions; (4) Damage the
structural integrity of the device or
facility containing the waste; or (5)
• Through other like means threaten
human health or the environment.
Section 265.313 is, of course, applicable
to the placement of lab packs in
landfills.
Section 265.316(b) deals with the
outside container and the type of
absorbent material required. EPA is
requiring that the inside containers be
overpacked in DOT specification open-
head metal drums no larger than 110
gallons in capacity and surrounded by,
at a minimum, a sufficient quantity of
absorbent material to completely absorb
all of the liquid contents of the inside •
containers. DOT specifications for
containers are contained in 49 CFR Parts
178 and 179.
All lab packs must be in DOT
specification outside drums, whether or
not the wastes contained in the lab pack
are covered by the DOT regulations. The
reason for this is that these drums have
already been determined by DOT to be
sturdy enough to safely hold hazardous
materials. The 110-gallon capacity
. limitation coincides with the maximum
size DOT specification container. In
addition, this capacity limitation is
designed to ensure that lab packs will
be used for their intended purpose, i.e.,
the disposal of smaller quantities of .
many different wastes.
Commenters have stated that many
off-site landfill operators will accept
containerized wastes only in 55-gallon
drums. Comments are specifically
solicited on whether a capacity
limitation for outside containers is
appropriate and if so, what this
limitation should be. Based on the
volume and content of comments
received on this issue, the.Agency will
consider amending the 110-gallon
limitation.
In many cases, the DOT regulations
allow a variety of acceptable packaging
options including metal, fiberboard,
plastic or wooden containers. However,
for purposes of disposal, EPA is
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Federal Register / Vol. 46, No. 221 / Tuesday,'
requiring that all outside containers be
metal. The need for metal drums is due
,to the nature of disposal. Allowing fiber
or wooden containers to be used as an
outside containerjwould increase the
risk of breaking or rupturing the inside
containers because fiber or wooden .,
containers are more likely to be:
ruptured or crushed during handling and
after placement in a landfill than are
metal drums. The drums must be of the
open head variety to allow the proper
placement of the inside containers and
absorbent.
The inside containers must be
overpacked and surrounded, at a
minimum, by a sufficient quantity of
absorbent material to completely absorb
all the liquid contents, of the inside ., ,
containers. In addition, the outside
container must be full after packing with
Jhe inside containers and absorbent
material to prevent breakage of inside
containers. The absorbent material used
must not be capable of reacting ,
dangerously with, being decomposed by,
or being ignited by the contents 'of the
inside containers in accordance with
§ 265.17(b). The Agency has not ;
specified the type of absorbent that
must be used in a lab pack. However,
based on comments received, it appears
that vermiculite and fuller's earth are
commonly used because of their price,
availability, and the fact that they will •
not.react dangerously with most wastes.
The Agency has not specified^
maximum limit on the size of the inside
containers except where the DOT
regulations impose a specific
requirement. However, the total amount
of liquid whioh may be placed in the lab
pack will be limited by the amount of
absorbent material required. Of course,'
the higher the absorptive capacity of the
absorbent material used for
overpacking, the more liquid the lab
pack may contain.
VII. Ban on Certain Reactive Wastes
Section 265.312 bans the disposal of
reactive waste in landfills unless the .
waste is treated or rendered non-
reactive prior to or immediately after
placement in the landfill. However, as a
.result of comments received, the Agency
recognizes that cyanide- or sulfide-
bearing wastes, which are deemed
reactive because they meet the
characteristic of reactivity set forth in 40
CFR 261.23(a}(5), may be safely
landfilled in lab packs provided they are
properly handled so as to avoid contact
with incompatible wastes, as required
by'i 265.316(d).
By definition cyanide- and sulfide-
bearing wastes are those which will
generate toxic gases, vapors, or fumes
when exposed to acidic or basic.
conditions characterized by a pH
between 2 and 12.5. All other 'reactive
wastes will-explode or release toxic '
gases, Vapors, or fumes, when they are
at standard pressure and temperature;
when they are mixed with or exposed to
water; when they are subject to a strong
initiating force; or when, they are heated
under"confinement, or else are DOT-
forbidderi, Class A, or Class B
explosives. While it is possible to isolate
cyariide- and sulfide-bearingwastes in a
lab pack from wastes or conditions that
would cause them to generate toxic
gases, vapors, or fumes, it is much more
difficult to protect other reactive wastes
from conditions which would cause :
them to explodS or otherwise .
dangerously react,.even when packaged
in a lab pack. Therefore, today's
regulation contains a ban'on the landfill
disposal of reactive wastes, other than
• cyanide- and sulfide-bearing wastes, in-
lab packs unless the-waste is rendered
non-reactive prior to packaging^
It should be noted that some wastes,
such as oxidizers, may meet a
characteristic of reactivity,as well as the
characteristic of ignitability. Although,
pursuant to today's rule, ignitable
wastes may be landfilled in lab packs,
any ignitable waste that also meets a
characteristic of reactivity other than
§ 261.23(a)(5), may not be disposed of in".;
a lab pack unless it is treated or
rendered non-reactive prior to
packaging. '
VIH. Effective Date
Section 3010(b) of RCRA provides that
EPA's hazardous waste regulations and
revisions to the regulations take effect ,
six months after promulgation. The
purpose of this requirement is to allow
persons handling hazardous wastes
sufficient lead time to prepare and to . .
comply with major new regulatory
requirements. Today's amendments are
designed to reduce burdens.imposed by
existing regulations. Therefore, an
effective date of six months after
promulgation would be contrary to the
.purpose of section 3010(b). For this
reason, this rule and amendments take
effect immediately.
IX. Interim Final Rule and Amendments
and Request'for Comment '..-..'
. EPA is promulgating today's rule and
amendments as interim final and is
providing a 60-day comment period. The
Agency believes that the public should —
have an opportunity to comment on the
rule and amendments and, indeed, has
sp'ecifically requested comments.
- However, the Agency believes that the
rule and amendments should be put into
effect during the comment period. To do
otherwise would be contrary to the
public interest by causing the regulated
community, to comply with requirements
which this rule and amendments are ,
designed to change. Therefore, the
Agency finds that there is a "good
cause" to allow today's rule and
amendment to take effect prior to notice
and public participation under Section
553(b) of the Administrative Procedures
'Act.' ' :~ '. - '..,". ••-' ;.'-.; :> '
X. Regulatory Impact
UnderjExecutive Order 12291, EPA . "
must judge whether a regulation is
"major" and therefore subject to the
requirement of a Regulatory Impact
Analysis/This interim final regulation is
not major since its effect is to reduce the
overall costs and economic impact of ,-
EPA's hazardous waste management
regulations. This reduction is achieved
by allowing the landfill disposal in lab
packs of certain hazardous wastes
which would otherwise be.banned from
landfills. This being the case, the
present rule and amendments are not a
major regulation and no Regulatory .. ;
Impact Analysis need be conducted.
This amendment was submitted to the
"Office of Management and Budget
(OMB) for review as required by ".' ,
Executive Order 12291. ,.
XI. Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility
Act, 5U.S.G. 601 etseq., whenever'an .
agency is required to publish a general
notice of rulemaking for any proposed or
final rule, it must prepare and make '..''•
available for public comment a
regulatory flexibility analysis which
describes the impact of the rule on small
_ entities (i.e., small businesses, small
organizations, and small governmental
jurisdictions). The Administrator may
instead certify, however, that the rule
will not have a significant economic
impact on a substantial number of small
entities.
This, amendment will generally have
no adverse economic impact on small
entities in that it merely provides
another disposal option to entities
already subject to regulation under
RCRA. Accordingly, I%hereby certify that
this final regulation will not have a
significant economic impact on a
substantial number of small entities. ;
This regulation therefore ddes not
require a regulatory flexibility analysis.
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56596 Federal Register '•'/ Vol. 46. No. 221 / Tuesday, November 17, 1981 / Rules
Dated: November 12,1981.
Anno M. Gorsuch,
Administrator.
PART 265— INTERIM STATUS
STANDARDS FOR OWNERS AND
OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND ,
DISPOSAL FACILITIES
For the reasons set out in the
preamble, 40 CFR Part 265 is amended
as follows:
1. The authority citation for Part 265
reads as follows:
Authority: Sees. 1006,2002[a), and 3004,
Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act of
1070, as amended (42 U.S.C. 6905, 6912fa),
and 0924).
2, Section 265,312 is amended by
revising paragraph (a) to read as
follows:
§ 265.312 Special requirements for
Ignltabla or reactive waste.
(a) Except as provided in paragraphs
(b) and (c) of this section and in
§ 285,318, ignitable or reactive waste
must not be placed in a landfill, unless
the waste is treated, rendered, or mixed
before or immediately after placement in
the landfill so that:
(1) Tbe resulting waste, mixture, or
dissolution of material no longer meets —
the definition of ignitable or reactive
waste under § 281.21 or 261.23 of this
chapter, and
(2) Section 265.17(b) is complied with.
* * " * * * .
3. Section 265.314 is amended by
revising paragraph (b)(2) and by adding
paragraph (b)(3) to read as follows:
§ 265.314 Special requirements for liquid
waste.
* * ~ * * *
(b) * * *
[2) The container is very small, such
as an ampule; or
(3) The container is disposed of in
accordance with § 265.316.
*****
4. A new § 265.316 is added to read as
follows:
§ 265.316 Disposal of small containers of
hazardous waste in overpacked drums (lab
packs).
Small containers of hazardous waste
in overpacked drums (lab packs) may be
placed in a landfall if the following
requirements are met:
(a) Hazardous waste must be
packaged in non-leaking inside ;
containers. The inside containers must
be of a design and constructed of a ,
material that will not react dangerously-
with, be decomposed by, or be ignited
by the waste held therein. Inside
containers must be tightly and securely
sealed. The inside containers must be of
the size and type specified in the
Department of Transportation (DOT)
hazardous materials regulations (49 CFR
Parts 173,178 and 179), if those
regulations specify a particular inside
container for the waste.'
(b) The inside containers must be
overpacked in an open head DOT-
specification metal shipping container
(49 CFR Parts 178 and 179) of no more
than 416-liter (110 gallon) capacity and
surrounded by, at a minimum, a
sufficient quantity of absorbent material
to completely absorb all of the liquid
contents of the inside containers. The
metal outer container must be full after
packing with inside containers and
absorbent material.
(c) The absorbent material used must
not be capable of reacting dangerously
with, being decomposed by, or being
ignited by the contents of the inside
containers, in accordance with
§ 265.17(b).
(d) Incompatible wastes, as defined in -
§ 260.10(a) of this chapter, must not be
placed in the same outside container.
(e) Reactive waste, other than
cyanide- or sulBde-bearing waste as
defined in § 26l.23(a][5) of this chapter,
must be treated or rendered non-
reactive prior to packaging in
accordance with paragraphs (a) through
(d) of this section. Cyanide- and sulfide-
bearing reactive waste may be packaged
in accordance with paragraphs (a)
through {d) of this section without first
being treated or rendered non-reactive.
[FR Doc. 81-33192 Filed 11-16-61; 8:45 am]
BILLING CODE 6560-30-K
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United States
Environmental Protection
Agency
Washington DC 20460
Official Business
Penalty for Private Use $300
Postage and
Fees paid
Environmental
Protection
Agency
EPA 335
Third-Class'
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