Tuesday
October 12^ 1982
Part II
Environmental
Protection Agency
Hazardous Waste Management System
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44932 Federal Register'/ Vol. 47, No! 197 / Tuesday, October t», 1'982 Y PrOjposed'Rttfes1*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 122,123,262,264, and
265
{SW-FRL-2156-5J
Hazardous Waste Management
System: Standards Applicable to
Generators of Hazardous Waste and
Standards Applicable) to Owners and
Operators of Hazardous Waste
Treatment, Storage, and Disposal
Facilities
AGENCY: Environmental Protection
Agency.
ACTION: Proposed rule
SUMMARY: The Environmental Protection
Agency (EPA) is today proposing
amendments to its hazardous waste
regulations under Subtitle C of the
Resource Conservation and Recovery
Act (RCRA). These amendments would
replace the annual reporting
requirements for hazardous waste
generators and owners and operators of'
hazardous waste treatment, storage, and
disposal (TSD) facilities with a biennial
survey of representative samples of
those populations. This approach will
provide verifiable data on a wider range
of topics, better serve EPA's long term
regulatory needs under RCRA, and
reduce significantly the information
burden on the regulated community.
DATE: Comments on these proposed
amendments are due on or before
November 28,1982. ,
ADDRESSES: Comments on these
amendments should be sent to the
Docket Clerk (Docket 3002/3004-RCRA
Survey), Office of Solid Waste (WH-
S02), U.S. Environmental Protection
Agency, 401 M Street, S.W.,
Washington, D.C., 20460.
The public docket for this rulemaking
is available at Room S-269,
Environmental Protection Agency," 401M
Street, S.W., Washington, D.C. 20460,
and is available for viewing from 9:00
a.m. to 4:00 p.m. Monday through Friday,
excluding holidays.
FOR FURTHER INFORMATION CONTACT:
RCRA/Superfund Hotline at (800) 424-
9340 (toll-free), or in Washington, D.C.
(202) 382-3000.
For technical information, contact
Rooert B. Axelrad, office of Solid Waste,
{WH-562), U.S. Environmental
Protection Agency, 401M Street, S.W.,
Washington, D.C., 204,60, (202) 382-5218.
SUPPLEMENTARY INFORMATION:
Preamble Outline:
I. General Authority.
II. Background.
A. Annual Reporting Requirements."
B. Delayed Compliance Date. ,
III. Biennial Survey Approach.
A. Information Needs.
B. Summary of Survey Process.
C. Rationale For Surveys Instead of Annual
Reports.
D. Initial Survey.
E. Frequency of Survey.
F. Confidentiality of Information. ...,-,'
G. Elimination of Reporting Exemptions. ,
H. Cooperation With States.
IV. Conforming Amendments.
A. Annual Report Forms. ; i '
B. Groundwater Monitoring Reporting.
C. State Authorization.
V. Executive Order 12291.
VI. Paperwork Reduction Act.
VII. Regulatory Flexibility Act. .
VIII. Request for Comments.
I. General Authority
Today's proposed amendments are
issued under Sections 2002, 3002, 3004,
and 3007 of the Solid Waste Disposal
Act, as amended by Subtitle C of the
Resource Conservation and Recovery
Act of 1976 (RCRA), as amended, 42
U.S.C. 6901efseg.
Section 3002 (6) requires generators of
hazardous waste to submit reports at
such times as the EPA Administrator
deems necessary, setting out the
quantities of hazardous wastes
generated and their disposition. Section
3004 (2) of RCRA requires EPA to
establish requirements respecting
satisfactory reporting from hazardous
waste TSD facilities. In addition, Section
3007(a) permits EPA to require any
person who generates, treats, stores,
disposes, or otherwise handles (or had
handled) hazardous waste to furnish
information to the Agency upon request.
Information may only be requested
under Section 3007, however, if it is to
be utilized in the development of the
RCRA regulatory program or in
enforcing the provisions of Subtitle C.
The existing annual, report
requirements were promulgated under
the authority of Sections 3002 and 3004 .
The requirement to respond to biennial
surveys will be issued under the
authority of Sections 3002 and 3004 as
well as under the authority of Section,
2002(a) (general rulemaking authority)
and Section 3007. Section 3007 does not
require EPA to go through rulemaking to
require reporting. However, since one of
the purposes of the biennial survey is to
comply with the requirement in Section
3002 and 3004 that EPA issue regulations
establishing reporting standards for
' generators and treatment, storage, and
disposal (TSD) facilities, EPA is
proposing the survey as a regulation.
EPA's primary reason for adding
Section 3007 to the authorities relied on
is that the biennial survey may seek
information that EPA cannot require to
be submitted under Sections 3002 and
3004. Section 3007 contains no
limitations on the kinds of data that the
Agency can collect concerning
hazardous waste, as long as the data are
to be used for regulatory development or
enforcement purpqses.
Second, under Section 3007, EPA may
seek information from handlers locatgd
in States granted interim or final
authorization. The validity of national
statistics rests upon EPA's ability to, ...
obtain uniform information from
handlers located in all States, regardless
of whether EPA or the State administers
the RCRA program. Sections 3002 and
3004 do not permit EPA to obtain
information directly from handlers
located in interim or final authorized
States; thus, EPA also will gather the
information it needs under the authority
of Sections 3007 and 2002(a).
II. Background
A. Annual Reporting Requirements
, .In February and May of 1980, EPA
promulgated regulations establishing the
" reporting requirements authorized by
Sections 3002(6) and 3004(2) of RCRA.
Under 40 CFR § 262.41, generators who
ship hazardous wastes off-site are
required to submit reports annually by
March 1 for the reporting year ending
the previous December 31. The reports
are to specify, among other things, the
amount of each type of hazardous waste
shipped to each TSD facility during the
reporting year, as well as the names,
addresses, and EPA identification
numbers of all transporters utilized in
such shipments. Under 40 CFR § 264.75
and § 265.75,,the owners or operators of
hazardous waste TSD facilities must
submit annual reports specifying, among
other things, the amount of each type of
hazardous waste received from each
generator from which the facility
received hazardous waste during the
reporting year.
Annual reports from generators and
all TSD facilities would have been due
March 1,1981, covering the reporting
period from November 19,1980, when
the RCRA regulations took effect,
through December 31,1980. However, 011
January 26,1981, EPA suspended the
reporting requirements for the 1980
reporting year (46 FR 8395) because the
Agency concluded that it would not be
adequately prepared by March 1,1981 to
collate, analyze, and make use of the
data from the reports, given the heavy
workload the Agency was experiencing
in the initial phase of the RCRA
regulatory program.
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Register/ Vot 47.^^ S4933
B. Delayed Compliance Date
In 1981, EPA began to.reevaluate this,
reporting requirement in light of EPA's
'current and future information needs.
This review led EPA to conclude that a
biennial survey approach was.
preferable to the existing annual report ,
requirement. EPA delated the ; ".
compliance date for this requireriien^,
fronrlvfarch 1,1982, to August 1,1982' '(4,7
FR 7841, February 23,1982) to provide
the Agency with time to propQ'se and '
promulgate the appropriate
amendments. Today's proposal is
intended to accomplish this purpose.
The current status of this requirement,
pending completion of this rulemaking,
is described in a separate notice in
today's Federal Register.,
III. Biennial Survey Approach ,
A.'Information Needs
In order to .carry out its
responsibilities adequately under RCRA,
EPA needs certain information to '
determine the extent of the hazardous
waste problem nationwide, set priorities
for addressing'those problems, and,
determine the nature and direction of
future regulatory development. " :;
Specifically, EPA needs to know: how
much hazardous waste is being
generated, where (generally) it is being
generated; where hazardous wastes are
being shipped for treatment, storage,
and disposal; the nature of the
disposition of such wastes; and the
nature and extent of the nation's
capacity, to treat, store, and dispose of
regulated hazardous wastes. In addition,
the Agency will need data on specific
topics to support future rulemaking
activity.
The annual report requirement was
intended to provide a summary of some
of this information (which would
otherwise be available only through a
compilation of generator and TSD ,
facility logs and other sources) through
across-the-board reporting fay all
generators and TSD facilities. However,
the Agency now proposes a more
efficient arid more reliable .way of
obtaining more specific information
through a biennial survey of statistically
valid samples of generators and TSD
facilities..
' B. Summary of the Survey Process
EPA is proposing a statistical
sampling approach that would provide
better, more reliable data at lower cost
than the annual report. Specifically, we
are proposing to survey approximately
10 percent of the population of
hazardous waste generators and TSD ~
facilities once every two years.1
In order to obtain more precise
statistics, a stratified sample will"be
drawn from the total population of ,
: generators and TSD facilities located hi
all 50 States, including those located in
States granted interim or final -
authorization to administer theh- own ''
hazardous waste regulatory programs
under RCRA. The samples-may be .
stratified according to handier
characteristics (such as size, location,;
and type of industry) which appear to-
contribute significantly to variation
wjthin the generator and TSD facility
populations. Stratification will help
ensure sufficient numbers of responses
within each handler category to produce
reliable descriptive, statistics with
minimal margins of error. Sample strata
may vary, depending upon the nature of
the,specific information required by the
Agency hi any given year. Varying the
sample selection criteria also will help
the Agency spread out the information
burden over time. .,"...""'.
Separate survey forms containing
distinct data requests will be mailed to
generators and to TSD facilities. EPA
wilLprovide assistance hi completing
. the survey Forms through the RCRA
hotline. : -
EPA intends to follow-up the survey
mailings with telephone and mail "
reminders to those who don't answer
the survey. EPA can pursue cases of
persistent non-response through the use
of compliance letters and other
enforcement actions authorized under
Section 3008.
- EPA may conduct telephone
interviews and inspections with subsets
of the sample populations to verify the
accuracy of the survey responses. The
survey forms will be designed to
facilitate data validation. In addition,
information submitted in survey
responses will be cross-checked against.
EPA's existing profiles of the regulated
community (such as the Section 3010
handler notification and the TSD facility
Part A permit application data bases) to
identify inaccurate or misleading
responses. Such data validation
procedures are essential to the
production of reliable statistics.
C. Rationale for Surveys Instead of
, Annual Reports ...'.._
EPA's proposal to replace the annual
reporting requirements with a biennial
survey is based on three factors. The
survey will provide: (1) More detailed
1 The generator sample generally would be less
than 10 percent, the TSD sample more than 10
percent, and the average for facilities and
generators together approximately 10 percent
However, sample sizes may .vary from year to year.
information; (2) better national'data; and
(3) reduced paperwork burdens,
',-' The survey approach will yield more
information because the Agency intends
to ask for more detailed information in .
the surveys than it would have through
the annual report. For example; the first
survey of TSD facilities will ask for cost
information and detailed descriptions of
technologies, irt addition to the data the
annual report would provide on the
types and quantities of wastes received.
The generator survey will obtain data
on hazardous waste use, recycling,,and
reclamation in addition to data the .-.
annual report would have collected on
each off-site facility to which waste was
shipped and the types and quantities of
wastes generated.
The survey approach will provide
better national data on the generation,
storage,-treatment, and disposal of
hazardous waste because it will cover
handlers in all States rather than only
those handlers located in unauthorized
States. The current annual reporting
requirements allow EPA to collect
annual reports only from handlers ,
located hi States without interim or final
authorization to conduct their own .
hazardous waste programs. Because of
the low (and diminishing) number of "
States that remain unauthorized, the
annual report would, not provide EPA
with the national data it needs to
: adequately characterize hazardous .
waste management trends. Although
EPA conceivably could require
authorized States to provide EPA with
the data the States collect through their
own annual reports, the variety of forms
rand data processing systems'used by "
the States would probably preclude :
timely and efficient data analysis.
- Finally, EPA will be able to reduce
substantially the paperwork burdens
. associated with its information '
collection activities without impairing
the data base. Generally, .only 10% of the
regulated community would have to take
the time to complete the biennial survey
forms following completion of this
rulemaking, and they will be required to
do so only half as frequently.
- We have considered three other major
issues in proposing a survey approach:
compliance incentive's, enforcement
value, and State information needs.
These will be discussed in detail below.
, 1. Compliance Incentives. We
considered whether the survey approach
provides adequate incentives for owners .
or operators to comply With .
recordkeeping requirements.The sample
survey approach doesTproyide such
incentives. ./-'
First, since any handler may be
,-'chosen as part of the sample, all
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44934
Federal Register / Vol. 47, No. 197 / Tuesday, October 12.1982 / Proposed Rules
handlers must be prepared when
surveyed to provide the Agency with
detailed information describing their
hazardous waste operations, based
upon accurate, up-to-date records.
Second, there is a greater incentive to
respond accurately to the surveys since
the smaller respondent population will
increase the chance that an individual
survey response will be verified by EPA
by telephone or by a site visit. EPA and
States will be inspecting large numbers
of facilities each year. Inspectors
regularly check for evidence of improper
or Inadequate recordkeeping on the part
of owners and operators. Failure to
maintain proper recordkeeping
represents grounds for enforcement
actions at either the State or federal
level.
2. Enforcement Valuu, Perceived
values of the annual report as an
enforcement tool include: a) across-the-
board information on each and every
TSD facility, and b) the evidentiary
value of a signed statement certifying
,the accuracy of the data obtained from
each generator and TSD facility. The
latter statement could be used as
evidence of criminal intent in legal
proceedings.
EPA does not believe that substituting
a biennial survey for the annual report
eliminates an important enforcement
tool. One reason is that all of the
information required in the annual'
report will still be available in generator
and TSD facility operating logs,
manifests and permit applications.
Second, specific generators or facilities
known to have past compliance
problems could be included in future
survey sample populations. (Of course,
EPA would not include responses from
these facilities or generators when
estimating statistics for the general
population.) Finally, survey respondents
still must sign certified statements
attesting to the accuracy of the
information in the survey.
3. State Information Needs. Replacing
the annual report with n biennial survey
will not prohibit States from obtaining
additional data on hazardous waste
handlers in their States, RCRA does not
prohibit States from establishing more
stringent requirements than the federal
regulatory program.
In addition, EPA intends to make
available to the States all information
obtained regarding the generation of
hazardous waste and its treatment,
storage, and disposal to the extent
perm?' jd under EPA's business
confidentiality regulations. (Section H,
Cooperation with States, contains a
more complete discussion of potential
areas for State and federal cooperation
in the survey process.)
D, Initial Survey
During the summer of 1982, EPA is
conducting a major survey of the
generator and TSD facility populations
in support of its Regulatory Impact
Analyses (RIAs) on the RCRA
regulations. These RIAs are being
prepared under Executive Order 12291.
The RIA survey will cover the 1981
reporting year and provide a
substantially improve data base on
actual hazardous waste management,
practices and operations. This data base
will be updated and improved in
subsequent surveys. -
The RIA survey questionnaires are
considerably longer and more complex
than the forms that will be used for the
surveys conducted after 1982. However,
they will allow the Agency to test the
survey process, including the sampling
design, survey procedures, and follow-
up activities. Thus, EPA will be able to
resolve technical problems in the survey
instrument and thereby increase the
reliability and utility of the data
collected in future years.
E. Frequency of Surveys
Although EPA is today proposing to
replace the current annual report with a
survey of generators and TSD facilities
conducted once every two years, the
Agency is considering whether surveys
to be conducted either more of less
frequently would better satisfy the
Agency's information needs. EPA
believes that it may be possible to
reduce the frequency of the surveys to
once every three years without
sacrificing the reliability of the
information available to the Agency for
regulatory decisions. This would further
reduce the burden on the regulated
community. The option is also available
of conducting an annual survey, thereby .
minimizing the possibility the EPA
would be acting on incomplete or out-of-
date information, The Agency seeks
specific public comment on the
frequency of future surveys: should they
be annual, biennial, triennial, or some
other frequency?
F, Confidentiality of Information
Survey respondents will be able to
assert claims of business confidentiality
covering'part or all of the information
submitted to the Agency. Procedures for
making such claims are set forth in 40
' CFR 2.203(b). Information covered by a
claim of business confidentiality will be
disclosed by EPA only as permitted by
Subpart B of 40 CFR Part 2 (41 FR 36902,
September 8,1978, and 44 FR 17673,
March 23,1979). If no claim of business
confidentiality is asserted at the time
the requested information is furnished to
the Agency, the information contained
in the survey responses may be made
public without prior notice.
G. Elimination of Reporting Exemptions
The existing annual reporting
requirements exempt generators who
treat, store, or dispose of hazardous
waste on-site or who only ship
hazardous waste off-site to TSD
facilities that they own or operate. Since
all of the information that these
generators would have submitted in '
generator reports.would also have been.
submitted by them in .their TSD facility
reports, EPA saw no reason to require
such firms to file two'duplicative
reports.
Today's proposed amendments would
remove this reporting exemption
because the,data the be supplied by
.generators and by TSD facilities are not
duplicative. Generator survey forms will
request data on the nature and amount
of hazardous Wastes generated, while -
TSD facility survey forms will request
data on the disposition of such wastes,
and the capacity for such disposition.
Respondents selected as both a
generator and a TSD facility would
receive one combined survey form.
H. Cooperation With States
EPA-intends to collect, collate and
store survey data in ways that facilitate
the sharing of information and
information collection resources with
States. After completing the RIA survey
this fall, the Agency intends to make
available to State governments all
information obtained regarding the
generation of hazardous waste and its
treatment, storage, and disposal to the'
extent permitted under 40 CFR
2.305(h)(3) (EPA's business 4
confidentiality regulations). States may
be particularly interested in information
pertaining to hazardous waste activities
within their own boundaries, and within
contiguous States. EPA hopes to provide
such information to interested State in
both raw-(copies of survey forms) and
compiled form.
EPA also intends to explore the
potential for federal/State cooperation
in the conduct of fature surveys. The
RIA survey will test the Agency's survey
methodology using a sample population
large enough to provide* reliable national
and regional statistics describing
hazardous waste generation and its
treatment, storage, and disposal. EPA
envisions the possibility of entering into
cooperative agreements with interested
States to expand its sample size in
future surveys where State-specific
statistics are desired.
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Federal Register / Vol.47, No. 197 /
, 1982
impact on a substantial number of small
entities.
VIII. Request for Comments
EPA seeks public comment on all
aspects of these amendments and on all
of the issues discussed in this preamble.
In particular, the Agency is interested in
the public'3 views concerning the
frequency and scope of future surveys.
If EPA completes this rulemaking
before March 1,1983, and if, after
considering all comments received on
this proposal, the Agency decides to
amend the annual report requirement by
replacing it with a requirement for a
biennial survey, it is EPA's intent to
make such amendments effective
Immediately. The practical effect of this
action would be that EPA would not
collect a 1982 annual report.
Because such amendments would
reduce reporting requirements for most
facilities, EPA does not believe that
making them effective immediately
would cause undue hardship. However,
the Agency seeks comment on this issue,
particularly in light of requirements of
Section 553 of the Administrative
Procedures Act (requiring that
regulations take effect no earlier than 30
days after date of promulgation) and
Section 3010(b) of RCRA (requiring that
revisions to RCRA Subtitle C regulations
take effect six months after date of
promulgation].
List of Subjects
40 CFH Part 122
Administrative practice and
procedure, Air pollution control-
Hazardous materials, Reporting
requirements, Waste treatment and
disposal, Water pollution control,
Confidential business information.
40CFRPart 123
Hazardous materials, Reporting
requirements, Waste treatment and
disposal, Water pollution control, Water
supply, Intergovernmemtal relations,
Penalties, Confidential business
information.
40CFBPart 262
Hazardous materials, Labeling,
Packaging and containers, Reporting
requirements, Waste treatment and
disposal.
40 CFR Part 264
Environmental Protection Agency,
Hazardous materials, Packaging and
containers, Reporting requirements,
Security measures, Surety bonds, Waste
treatment and disposal.
40 CFR Part 265
Environmental Protection Agency,
Hazardous materials, Packaging and
containers, Reporting requirements,
Security measures, Surety bonds, Waste
treatment and disposal, Water supply.
Dated: September 30,1982.
John W. Hernandez, Jr.,
Acting Administrator.
For the reasons set out in the
preamble, Title 40 of the Code of Federal
Regulations is proposed to be amended
as follows:
PART 262STANDARDS FOR
GENERATORS OF HAZARDOUS
WASTE
1. The authority citation for Part 262
reads as follows:
Authority: Sees. 2002 (a), 3001, 3002, 3003,
3004, 3005, and 3007 of the Solid Waste
Disposal Act, as amended by the Resource
Conservation and Recovery Act of 1976 and
as amended by the Quiet Communities Act of
1978, (42 U.S.C. 6912(a), 6921, 6922, 6923, 6924,
6925, 6927).
2.40 CFR 262.40(b) is revised to read
as follows:
§ 262.40 Recordkeeping.
******
(b) A generator must keep a copy of
each Exception Report for a period of at
least three years from the date of the
report.
*****
40 CFR 262.41 is revised to read as
follows:
§262.41 Biennial, surveys..
The Administrator shall conduct a
biennial survey of a sample of the
population of generators and establish a
date by which the response is due. The
first survey will cover the 1983 calendar
year. The Administrator shall determine
in each survey year the number of such
generators to be surveyed and the
information to be collected
4. The Appendix to 40 CFR Part 262,
entitled AppendixFormAnnual
Report (EPA Form 8700-13), and the
associated section entitled General
Instructions, Hazardous Waste Report
(EPA Form 8700-13), are removed from
the Code of Federal Regulations. "
PART 264STANDARDS FOR
OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT,
STORAGE, AND DISPOSAL
FACILITIES
5. The authority citation of Part 264
reads as follows:
Authority: Sees. 1006, 2002(a), 3004 and
3007 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and
Recovery Act of 1976, as amended (42 U.S.C .
6905, 6912(a) and 6924).
6. 40 CFR ?64.75 is revised *o read as
follows:
§ 264.75 Biennial surveys.
The Administrator shall conduct a
biennial survey of a sample of the
population of facility owners and
operators and establish a date by which
the response is due. The first such
survey will cover the 1983 calendar
year. The Administrator shall determine
in each survey year the number of such
owners and operators to be surveyed
and the information to be collected.
7. 40 CFR 264.77 is revised to read as
follows:
§ 264.77 Additional reports.
In addition to submitting the
discrepancy reports and unmanifested
waste reports described in §§264.72 and
264.76, the owner or operator must also
report to the Regional Administrator
releases, fires, and explosions as
specified in § 264.56(j)
/ ,
PART 265INTERIM STATUS
STANDARDS FOR OWNERS AND
OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND
DISPOSAL FACILITIES
8. The authority citation for Part 265
reads as follows:
Authority: Sees. 1006, 2002(a), 3004, and
3007 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and
Recovery Act of 1976, as amended (42 U.S.C.
6905, 6912(a), and 6924).
9. 40 CFR 265.75 is revised to read as
follows:
§ 265.75 Biennial surveys.
The Administrator shall conduct a
biennial survey of a sample of the
population of facility owners and
operators. The first such survey will
cover the 1983 calendar year. The
Administrator shall determine in each
survey year the number of such owners
and operators to be surveyed and the
information to be collected.
10. 40 CFR 265.77 is amended by
revising the introductory text to read as
follows: .
§265.77 Additional reports.
- In addition to submitting the
discrepancy reports and unmanifested
waste reports described in § § 265.72 and
265.76, the owner or operator must also
report to the Regional Administrator:
***** ,
11. 40 CFR § 265.94 is amended by
revising (a)(2)(ii) and (iii) and (b)(2) to
read as follows:
§ 265.94 Recordkeeping and reporting.
(a)* * *
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12> 1982 / Proposed Rules
44937
(2) * * * , '
(ii) Annually: Concentrations or
values of the parameters listed in
§ 265.92(b)(3) for each ground-water
monitoring well, along with the required
evaluations for these parameters under
§ 265.93(b). The owner or operator must
separately identify any significant
differences from initial background
found in the upgradient wells, in
accordance with § 265.93(c)(l). During '
the active life of the facility, this
information must be submitted no later
than March 1st following each reporting
year.
(iii) No later than March 1st following
each reporting year: results.of the
evaluations of ground-water surface
elevations .under § 265.93(fj, and a
description of the response to that
evaluation, where applicable.
(b) *,* * ' . *
(2) Annually, until final closure of the
facility, submit to the Regional
Administrator a report containing the
results of his or her ground-water
quality.assessment program which
includes, but is not limited to, the
calculated (or measured) rate of
migration of hazardous waste or
hazardous waste constituents lathe
ground water during the reporting
period. This information must be
submitted no later than March 1st !
following each reporting year.
. PART 122EPA ADMINISTERED
PERMIT PROGRAMS: THE NATIONAL
POLLUTANT DISCHARGE
ELIMINATION SYSTEM; THE
HAZARDOUS WASTE PERMIT
PROGRAM; AND THE UNDERGROUND
3NJECTION CONTROL PROGRAM
. 12. The authority citation for Part 122
.. read as follows: . .
Authority: Resource Conservation and
. Recovery Act, 42 U.S.C. 6901 et seq.; Safe
Drinking Water Act, 42 U.S.C. 300f et seq.;
and Clean Water Act, 33 U.S.C. 1251 et seq.
13. 40 CFR 122.26 is amended by
revising(a)(3)(v) arid (c)(3)(v) and (vi) to
read as follows.
§122.26 Permits by rule. .
* * . * * * - ' ; , '
(a)* * * .....'.'.':'
(3)* * V "...,-. -
(v) 40 CFR § 264.75, Biennial surveys; '
and .-./.- .-;
...
(3)*-* *, ,
(v) 40 CFR 264.75, Biennial surveys;
{vi) 40 CFR 264.76, Unmanifested
waste report; and ..-
* ft * . ' * -.*'. -
14. 40 CFR 122.28 is amended by
removing paragraph (e)(3). .
PART 123STATE PROGRAM
REQUIREMENTS
15. the authority citation for Part 123
reads as follows: .
Authority: Resource Conservation and
Recovery Act, 42 U.S.C. 6901 et seq.; Safe
Drinking Water Act, 42 U.S.C. 300 (f) et seq.;
and Clean Water Act, 33 U.S.C. 1251 et seq.
16.40 CFR 123.6 (d) is amended by
adding paragraph (d)(6), to read as-
follows: ,
§ 123.6 Memorandum of Agreement with
the Regional Administrator.
* * * * * -
: Id)*:* * ,. , Y: ,:.-"
(6) EPA may conduct biennial surveys
of generators and facility owners arid
operators located hi States with
approved programs. <...'.
* * * * *
17. 40 CFR 123.34[b) is revised to read
as follows:
§ 123.34 Requirements for generators of
hazardous waste. ,
* *. ' * * * -
(b) The State shall have authority to
require and shall require all generators
to comply with recordkeeping and
reporting requirements equivalent to
those under 40 CFR 262:40 and 262.41.
States must require that generators keep
these records at least three years. '
Reporting requirements shall be
considered equivalent to 40 CFR 262.41
if States, on a biennial basis, require the
submission of information concerning
the types and quantities of wastes
generated and the dispostion of such
wastes. , -
* * ' ' * * r:L * ;. . ' - '
18.40 CER: 123.36(h) is amended to
read as follows: .,
§ 123.36 Requirements for hazardous
waste management facilities.
,* . * * *. . * . ' ^ -
(h) Inspections, monitoring/
recordkeeping, and reporting. Reporting
requirments shall be considered
equivalent to 40 GER § 264.75 if States, .
on a biennial basis, require the
submission of information concerning
the types and quantities of wastes,
received by hazardous waste
management facilities and the '
disposition of such wastes;
* ft . * * 5 '* '
19. 40 CFR123.126 (b) is amended by
adding a new paragaph (b)(8), to_ read as
follows:
§123.126 Memorandum of Agreement
* '* * =. * -*
;..fb).*"* *':-, -.'.' : .,;.
.-:{8) A provision acknowledging that
EPA may conduct surveys of generators
and facility owners and operators
located in States with approved
programs.
* « * * . * - \ ' '
20. 40 CFR 123.i28(b)(3) is revised to
read as follows: , >
§ 123.128 Program requirements for
interim authorization for Phase I.
.
(3) the State shallhave the authority
to require and shall require all
generators covered by the State program.
to comply with. reporting and
recordkeeping requirements
substantially equivalent to those found
at 40 CFR 262.40 arid 262.41. Reporting .
requirements shall be; considered
substantially equivalent to 40 CFR
262.41 if States, on a biennial basis,
require the submission of information
concerning the types arid quantities of
hazardous waste generated and the .
disposition of such wastes.
* ' - ft" .*" *' * ' '
21:40 CFR l23.128(e)(6) is revised to
read as follows: '. .
[e)*;* * ; ;;-:''-. ;.- ; ''.'.'.
{&] Inspection, monitoring,
recordkeeping and reporting. Reporting
requirements shall be considered ""
substantially equivalent to 40 CFR
§ 265.75 If States, on a biennial basis,
require the submission of information
concerning the types and quantities of
.wastes received by hazardous waste
management facilities and the '
disposition of such wastes;
* /; : * ft' * ' : ' 'ft : . -" - ' '" . " ".
[TO Doc. 82-27817 Filed l(«-82i 8:45 am]
BILLING CODE 6S$0-50-M '
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44938
Federal Register / Vol. 47, No. 197 / Tuesday, October 12,1982 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 262,264, and 265
[SW-FRL-2158-5]
Hazardous Waste Management
System: Standards Applicable to
Generators of Hazardous Waste and
Standards Applicable to Owners and
Operators of Hazardous Waste
Treatment, Storage and Disposal
Facilities.
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice concerning compliance
da tea.
SUMMARY: EPA is today clarifying the
status of throe reporting and
recordkeeping requirements under
Subtitle C of the Resource Conservation
and Recovery Act. These requirements
concern:
(1) The submission of 1981 annual
reports by hazardous waste generators
and owners or operators of hazardous
waste treatment, storage, and disposal
(TSD) facilities;
(2) The submission of quarterly
ground-water monitoring data for
surface impoundments, landfills, and
land treatment facilities during the
initial year of ground-water monitoring;
and
(3) The preparation of ground-water
quality assessment program outlines for
surface Impoundments, landfills, and
land treatment facilities.
Today's notice explains that all three
requirements are now in effect.
EFFECTIVE DATE October 12,1982.
FOR FURTHER INFORMATION CONTACT:
RCRA/Superfund Hotline at (800) 424-
9346 (toll free), or in Washington, D.C.
(202) 382-3000.
For technical information contact:
Robert B. Axelrad, Office of Solid Waste
(WH-582), U.S. Environmental
Protection Agency, 401M Street, SW.,
Washington, D.C. 20460, (202) 382-5218.
SUPPLEMENTARY INFORMATION:
1. Background
Under Subtitle C of the Solid Waste
Disposal Act, as amended by the
Resource Conservation and Recovery
Act of 1876 (RCRA), as amended, 42
U.S.C. 6921 et seq., EPA has
promulgated regulations establishing a
comprehensive regulatory program for
the management and control of
hazardous waste (40 CFR Parts 260-267
and 122-124). As part of these
regulations, generators of hazardous
waste and owners or operators of
hazardous waste treatment, storage, and
disposal (TSD) facilities in unauthorized
states * are required to prepare annual
reports on their hazardous waste
management activities and submit them
to the EPA Regional Administrator by
March 1 of the following year (40 CFR
262.41, 264.75,,and 265.75). Annual
reports covering the 1981 reporting year
were originally required to be submitted
to EPA Regional Administrators by
March 1,1982.2
In addition, the regulations require
owners or operators of surface
impoundments, landfills, and land
treatment facilities to implement a
ground-water monitoring program by
November 19,1981 (40 CFR 265.90).
Owners or operators are required during
the initial year of their monitoring
programs to conduct quarterly analyses
(40 CFR 265.92(c)) to characterize,-
among other things, the suitability of the
ground water in the uppermost aquifer
as a drinking water source (40 CFR
265.92(b)(l)). Within 15 days after the
completion of each quarterly analysis,
owners or operators in unauthorized
states are required to report to EPA
Regional Administrators the
concentrations or values of the observed
parameters specified in Appendix HI to
40 CFR Part 265 for each ground-water
monitoring well (40 CFR 265.94(a)(2)(i)}.
Appendix HI includes most of the
chemical constituents in the National
Interim Primary Drinking Water
Regulations. As part of these reports,
owners or operators must separately
identify for each monitoring well any
parameter whose concentration or value
has been found to exceed the maximum
contaminant levels listed in Appendix
III.
Finally, as part of the ground-water
monitoring regulations, owners or
operators of certain TSD facilities were
required to prepare an outline of a .
ground-water quality assessment
program by November 19,1981 (40 CFR
265.93(a)J.
On February 23,1982, EPA postponed
the compliance date for these three
requirements until April 1,1982 (47 FR
7841).
II. Purpose of This Notice
The purpose of this notice is to clarify
the current status of the three reporting
requirements discussed above. It is
being issued in response to two
developments. First, as discussed in
Section III.A., below, the Office of
Management and Budget (OMB) has
recently approved the forms for the 1981
annual report under the Paperwork
Reduction Act (PRA). This notice
explains the effect of OMB's action.
Second, on July 28,1982, the
Environmental Defense Fund (EOF) filed
a petition with EPA requesting that the
Agency "put the Annual Report and
ground-water assessment outline (as
well as the quarterly ground-water
monitoring reports) back into effect on
August 1." (Pet. at p. 7). The petition also
requests that EPA advise the regulated
community, through a Federal Register
notice, of their duty to comply with each
of these requirements. This notice
responds to EDF's petition.
' HI. Current Status of Requirements
A. 1981 Annual Report Requirement
The requirement to submit an annual
report covering the 1981 calendar year
took effect under RCRA on August 1.
However, because OMB has not cleared
the annual report form under the PRA as
of August 1, it is EPA's opinion that the
reports were not required to be
submitted on that. date. The Agency
advised persons who called EPA during
July to ask about the status of the report
that it would not be due unless and until
OMB clearance was obtained.
On September 20,1982, EPA received
OMB clearance for the report forms
under the PRA (OMB clearance number
2050-0005). Accordingly, the reports
must now be submitted to the Agency.
EPA recognizes, however, that many
. persons may not have prepared such
reports because they were waiting for
an EPA announcement concerning OMB
approval of the report forms. To provide
a reasonable amount of time for EPA to
print and distribute the report forms and
for the regulated community to complete
and submit them,3 EPA is today
announcing that it will not take
enforcement action against any
generator or TSD facility for failure to ,
submit the 1981 annual report if such
report is mailed to the Regional
Administrator for the Region where the
'Handlers located In states that have been
authorized by EPA to operate their own hazardous
waste programs must comply with state
requirements in lieu of the Federal hazardous waste
regulations.
"The requirement to submit an annual report
covering the 1980 calendar year was permanently
suspended on January 26,1981 (46 FR 8395).
'EPA has made minor modifications in the format
of the annual report forms published in the Federal
Register on May 19,1980. At least sixty days before
January 10,1982; EPA will be mailing copies of these
modifiedjforms to generators and owners and
operators of TSD facilities who have notified under
Section 3010 of RCRA and are located in states or
territories which had not received Phase I interim
authorization as of September 20,1982, (NY, NJ,
WV, MI, OH, MN, NM, MO, CO, WY, SD, NV, HI,
WA,, ID, AK, DC, Guam, N. Marianas, Virgin
Islands, Puerto Rico, and American Samoa). Persons.
may also obtain copies of the forms from the RCRA
hotline, (800) 424-9346 (toll-free) or 382-3000 (in
Washington, D.C.). . :..-.'
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United States
Environmental Protection
Agency
Official Business
Penalty for Private Use
$300
Washington DC 20460
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