Monday
 January 3, 1983
Part III
Environmental
Protection
Hazardous Waste
Standards Applicable
Hazardous; Waste; Proposed
to
                053
Agency
Management Systems
    Generators of
       Rule

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118
                   Federal Register / Vol. 48. No. 1 / Monday. January 3. 1983 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Part 262
[SW FR11970-2]

Hazardous Waste Management
System; Standards Applicable To
Generators of Hazardous Waste
AGENCY: Environmental Protection
Agency,
ACTION: Proposed rule.	
SUMMARY: On February 26, May 19, and
November 19, I960, and January 11,
1982, the Environmental Protection
Agency (EPA) published regulations
 pursuant to the Resource Conservation
 and Recovery Act [RCRA). Those
 regulations allow hazardous Waste
 generators to accumulate hazardous
 wasle generators to accumulate
 hazardous waste on-site for 90 days
 without obtaining a permit or having
 interim status under RCRA, provided
 that they accumulate the Waste in
 accordance with certain standards.
   EPA has, received comments from the
 regulated community indicating that
 industries which generate hazardous
 waste typically have numerous
 locations on-site where waste is initially
 generated and accumulated, often in
 small amounts, prior to consolidation at
 centralized accumulation areas. In
 response to concerns that the standards
 for 90-day accumulation are
 unnecessary and impractical to apply at
  these "satellite" areas, EPA is proposing
  to amend the generator standards to
  allow generators to accumulate as much
  as 55 gallons of hazardous waste
  (except for acutely hazardous waste as
  listed in 40 CFR 261.33(e) of the
  regulations) at each satellite area for
  any length of time without complying
  with the 90-day accumulation standards.
  Generators could accumulate wastes
  under this provision provided that: (1)
  The wastes are placed in containers
  which are in good condition,  (2) the
  wastes are compatible with their
  containers, and (3) the containers are
  marked with the words "Hazardous
  Waste" or other words that identify
  their contents. Within 72 hours of
  accumulating over 55 gallons at a
  satellite area, the generator would be
  required to comply with all applicable
  requirements under RCRA for further
  management of any waste in excess of
  55 gallons.      •               "
    EPA believes that protection of human
  health and the environment will not be
   affected by this action. EPA also
   estimates that this action will result in a
   savings to the regulated community  of
  approximately $5.000,000 per year.
DATES: EPA will accept public
comments on the proposed amendment
until March 4,1983.
ADDRESSES: Comments should be
addressed to the Docket Clerk, Office of
Solid Waste (WH-562), U.S.   .
Environmental Protection Agency, 401 M
St. SW, Washington, D.C. 20460.
Communications should identify the
regulatory docket'number "Section
262.34(c)."
  The public docket for this proposed
rule is located in Room S-269C, U.S. 	
Environmental Protection Agency, 401 M
Street SW, Washington, D.C., and is
available for viewing from 9:00 am to
4:00 pm Monday through  Friday
excluding holidays.
FOR FURTHER INFORMATION CONTACT:
Amy Mills, Office of Solid Waste (WH-
563), U.S. Environmental  Protection
Agency, Washington,  D.C. 20460, (202)
 382-4755, or the RCRA Hotline at (800)
424-9346 o^(202) 382-3000.
 SUPPLEMENTARY INFORMATION:

 I. Background
   On February 26,1980, May 19,1980,
 and November 19, ,1980, EPA
 promulgated regulations  pursuant to the
 Solid Waste Disposal Act, as amended
 by the Resource Cpnsevation and .
 Recovery Act (RCRA), as amended, 42
 U.S.C. 6901, et seq. The regulations
 established a system to manage
 hazardous waste; and include standards
 for generators of hazardous waste. (40
 CFR Part 262,, 45 FR 12732, 45 FR 33142, "
 and 47 FR 1251). In §  262.34(a) of the ,
 regulations, EPA stated  that generators
 may accumulate hazardous waste on-
 site for up to 90 days without obtaining
 a storage permit, provided they
 accumulate the waste in accordance "
 with certain standards. These standards
 include requirements for: the use of
 . tanks and containers, personnel
  training, and the preparation of
  contingency plans. In establishing those
  standards, EPA had  assumed that   •
  accumulation generally occurred at one
  or two discrete locations within an
  industrial facility, and that the §. 262.34
  requirements would apply to. loading
  docks, storage buildings, sheds and
  other central areas where wastes are  .
  accumulated.
    Members fo  the regulated community,
  however, have pointed  out that within
  an industrial complex there may be
  dozens of paces where  hazardous
  wastes are initially generated and
  collected during daily operations prior
  to consolidation at a loading dock  or
  other central waste  accumulation area. ,
  At present, the regulations make no
   distinction between the initial collection
   of hazardous waste at various points of
 generation ("satellite" accumulation)
 and accumulation at a central area on-
 site where these wastes are
 consolidated for on-site managment or
 transportation off-site. Therefore, the
 standards for 90-day accumulation
 apply to both. .
   In the preamble to the November 19,
 1980, Federal Register notice amending
 § 262.34, the Agency raised the issue of
 whether a distinction should be .drawn
 between satellite accumulation and
 central accumulation areas. 45 FR 7@624.
 EPA expressed the view,that the
 requirements of § 262.34(a) appear
 appropriate for all types of accumu)a-tion
 areas, but solicited comments on the
 subject.                      .
   Various groups responded and all
 asserted that there  is indeed a practical
 distinction between satellite and central
 accumulation which should be
 recognized in the regulations. The
 commenters supported a reduction or
 deletion of regulatory requirements for
 initial accumulation of hazardous
 wastes at or near points of generation.
    Some commenters expressed the
 opinion that regulation of hazardous
 waste in satellite areas is unnecessary
  because these waste quantities are
  small and pose a very low risk to human %
"  health and the environment. Some noted
  that hazardous waste in satellite areas
  is typically held in a bucket or other
  container for only  several days or a
  week before being emptied; therefore,.
  they contended that there is little risk of
  undetected corrosion or leakage.
  Commenters. also pointed out that unlike
  central accumulation areas where the
  variety and quantity of wastes
  contribute to the likelihood of serious
  incidents and chain reactions (fires,
  explosions, etc.), satellite areas usually
   Have only one type of waste and are not
  prone to accidents of serious magnitude.
     Most of the industries that commented
  reported that their satellite areas are
  'close to manufacturing process areas
   and are under  close company
   supervision. They stated that personnel
   who work in these areas are trained and
 ' experienced with hazardous raw
   materials and  wastes. One example
   given was that of degreasing solvents
   accumulated in closed containers in a
   machine shop prior to being transferred
   to a central accumulation point. The
   satellite area is properly ventilated and .
   equipped with a sprinkler system,
   mainly because of the risks posed by the
   raw material solvents and their use. The
   personnel who work in this area are
   said to be trained and experienced with
   the handling of these solvents before
   and after use. The commenters '
   concluded that the additional'training

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                   Federal Register/ Vol.  48, No. 1 / Monday,  January  Z, 1983 / Proposed Rules
                                                                            119
   required under § 262.34(a), which
   requires compliance with | 265.16, is"
   unnecessary and Burdensome.  .
   .- In addition-, by applying the training   •
   requirements to personnel who work'at
   satellite areas,, somie plant .officials have
   to train very large numbers of
,.  employees and keep, extensive records
   on each person. One cbmmenter noted!
   that at one manufacturing; plant, the
.   personnel training requirements apply to
   ten times as many employees as they
   would if the requirements applied* only
 ,  to central accumulation areas. In his1
   opinion, this large difference 'in cost and;
   paperwork is riot justified,  ,
    Some-commenters-claimed.that the: !"
   requirement that the date uporr which
   each period;of accumulation begins be
   marked off each container is too
   stringent for wastes accumulated at -
   satellite areas. They stated that it is
   unnecessarily burdensome -to  mark.  •
   dates on buckets aiid= other small-  '
   containers in whiefr these- wastes 'are ••
   likely to be'collected; Further, since  :
   these  vessels are emptied frequently,,
   they mustbe marked repeafedly with1 "
  new-accumulation dates. This aspect" of ,
  the requirementwas-alspHhought ta»be
 •.burdensome.:  '     .  :..
    ©necommeiiter wrote that,      •   "
- requirements; in § ,262.34(a}' which
  requires compliance witteBart'265
  Subpart D,(Contingeircy Plans and-
  Emergency Erp'cedures^are too stringent
  for:satelliteaEeas;.,Ifa. his»opiniorrr ifcis
  notnecessary'tttprepate'Co^tin'gency
  plans  and designatesmergency.   .* , ,
  coordinators;for these-small,,scattered
.  accumulatioir areas.                 ^
 .-Several commertters remarked that
  Congress iritendedi that RCRA-not
  interfere in manufacturing, processes. -
  They stated that initial accumulatiba of
  hazardous waste at or, near: the points of
  generation are*integral parts, of. the
  .mamifaEturing pr,o:ces&, and' should
"therefore not-,be-subject tovregulatioff
  under.  RCRA, TJiey,also noted  that most.
  of the  accumulation, areas are indoor
  workplaces/and'are subject, to  regulation
  Undeu  OSHA1. Regulation of satellite   ,
  areas under RCRA* appears to  them to
  be duplicative and unwarranted. ,
   .In general, the commentera believed   '
  that applying-therrequirements of
  § 262.34{a) to activities-at satellite
  accumulation: areas addmnnecessary
 paperwork and cost.without.improving
 protection of human health or the    .  -
 environment. They advocated an
 exemption for satellite areas-from: some,
 or all of the requirements of §• 262.34{a).
   While  the Agency does not agree with
 all of the arguments raised by the*
 commente'rs, EPA does agree with the-
 general conclusion'that there is little
 need for'extensive regulation of satellite
  areas under RCRA. The Agency agrees
  that it should,not apply most of the
  requirements "of § 262;34(a), which were
  intended for more centralized, higher
  volume accumulation, to the smaller
  volumes of waste at satellite areas.
  Specifically, the Agency believes that
  wastes collected at or near points of
  generation> in small, quantities need not
  be subject to, requirements for marking
  of dates on containeris^ contingency
1  plans, personnel training? and.most
  standards, for the management of «,
  containers and" tanks-required by Part
  265 Subparts land J.       •
    As previously stated, some
  commenters, claimed.that OSHA
  standards protect the safety arid health
  of persons handling hazardous .materials
  in,the-workplace,.andtherefore RCRA
  regulations are redundaht.,EPA has
  considered O'SHA's standards, and has
  concluded, that EPA, should retain, some.
  regulation for accumulation, pf,
  hazardous; waste in, the workplace. Eirst,
  current OSHAjegulationa concern the
  handling of v-arious hazardous materials
  in the workplace, but OSHA does not
  specifically regulate hazardous waste as
  defined under RCRA. Also, OSHA's
  rules docnotdeal specifically with -
  aspests. of, accumulation* that affect
  human health.aird the environment ,.
  immediately, outside the workplace. FOE
  instance;,OSHA does^rfotregulate the
  condition of containers usedifor     ;
  accumulation. EPA therefore believes: it
  is^within^heAgenGy's punview to  '-'
  contiriue'torregulate the ac.ciimulatibn:.o£.
  hazardousrwaste within industrial areas
  insofar as. thosfe regulations-dc^not
  duplicate or, interfere with ongoing:
 practices.   ',".    . .,              •-.•..
   In a proposed'mile published';in the
 March 19; 1982,,Eederal Register (47 FR ....
 12119J, OSHA proposed new safely   .
 regulatLons for manufacturmg entities ,--
 which produce hazardous chemicals!
 The rule, which would apply to-most
 kinds of hazardous wasfes-aecumulated;
 by generators, would requiredabeling,
 material safety datasheets (MSDS) and"
 teaming for employees of manufacturing;
 industries who work around hazardous
 chemicals. When and if.OSHA's   '
 praposaiis promulgated in, final form,
 EPA will ensure that ariy final
 rulemaking on.the subject of hazardous
 waste accumuiation.is consistent with
 and willnot duplicate OSHA's
 requirements. .   .'•..-  •  ,       ,
 II. Today's Proposed Rule
  For the reasons expressed above, EPA
 is today proposing-to amend | 262.34 by
 adding a paragraph (c)  ta provide that
 small quantity accumulation of
 hazardous.waste at satellite areas be  '--'
 exempt from the requirements of      -
   § 262:34(a); Section 262.34fc) would ;
   allowJ'for accumulation oEas.much as 55:
   gallons of hazardjous waste (other than
   "acutely" hazardous wastes listed in
   § 262.33(e) of'the regjilations) at or, near
   anjf point cif generation:for any amount
   of time if the generator, complies with  :
   § § 265.171^and 265.172 and marks, the
   containers'with the words "Hazardous
   Waste" or with another description- of
   their conteiits (e.g;,!;"waste orgariics" or
   "waste solvent"). Within 72;hours of
   accurnurating over 55 gallons at any
   satellite area,.the generator,would be
   required ta manage thattwaste in exeess.-
   of 55 gallons on conformance with;all.'
   applicable-iStandardSiunderRCRA,   -
   including the 90-day; time limit and other,
   requirementsf under § 262.34(a); fo'r,   ,
   furtherorr-Siite raceumtilatlon.,During the
   72-hQur interimj.peripdi/H^eff.m',and
   265.17'2 .andithe container marking
-•requiEeiherit would cantinue?to apply.,
     After, considering" s-evetaL alternatives;.
   EprA,hffisJselected;55?gallons";as:a  ,
   quantity, threshold foisthis,prov.isi'on.
   The regulatBd;cornin'unity'has;indieated'
   thata;55-gall'on;thresholdIwould ,
   aGcommodsite thevariety of satellite
   sit^atioristthey, eitoounter; At the same
.   time, EBA.believesithis threshold will
   pravide a reasonable limibtoithe amount
   of-hazaf dous. wastemanaged; without: •
   thebenefit:of: the more erivironmentally
  ,proteGti*e:nieasures of '§: 262:34(a}. Fifty-
  five gallons of wdste fillsfapprroximafely-'
  one standard size" drum, whichj tctEPA's
 • kirowredge.'is the^largest commonly
  used container for sueh accumulation.
'   : EPA had-considered setting a limit'of
  one-container at each'satellite Ibcatipri
. instead of sotting a wiatste volume limit.
  That option was rejected because
  diffefene industries use different sizes'''of
  container's forsatellite accumulation,
  and'the Agency believes it would be
  unreasonable to limit all gene.rators'tb
  q'ne contrainter per area, regardless'of  ;
  container size. Further, the Agency •    ,:
  Believes that;,prptectibn;of health-and
  the environment is'mbre closely
  associated; with the quantity of   '•"•;•'
  accumulattoM at each location, than!with*
  the number of contain.ers,used to
  accumulate: l;he waste':'
   EPA hadalso consideEed-setting,a "
  limit at each'satellite area, of 200
  kilograms5(Kgj;or ten,days»6f
  accumulation, whichever occurs first.
  Although 200 kg arid 55 gallons of waste
  are approximatly equivalent, the Agency
  selected.the volume limit (gallons);
  because it believes' that-a' volume limit"
  would provide for greater equity under
  the regulations for generators with
  wastes of higher unit weight. With
  regard;to the, 10-day threshold, the
  Agency believes.there is little to be

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Federal  Register / Vol. 48, No.  1 / Monday, January 3.  1983 / .Proposed .Rules.
gained by applying a time limit to the
accumulation of small quantities of
wastes in satellite areas if they are
containerized and marked properly. For
these reasons, EPA has decided not to
propose either a weight limit or a time
limit for satellite accumulation.
However, the Agency requests
comments on this determination and^n
whether  a threshold other than 55  ''
gallons should be used in this provision.
  The 55-gallon threshold applies to
each satellite area where hazardous
wastes are accumulated. One
manufacturing plant, therefore, may
have several satellite areas on-site
where as much as 55 gallons may be
accumulated in conformance with
§ 262.34(c).
  When over 55 gallons of hazardous
waste has been accumulated at any
poinl of generation, the generator would
have 72 hours in which to comply with
other hazardous waste management
standards, such as § 262.34(a), for that
amount of waste in excess of 65 gallons.
The 72-hour period is intended to
provide  generators with adequate lead
 time to remove the excess wastes from
 the satellite area and to comply with the
 appropriate standards for subsequent
 management of the wastes. However,
 the same hazardous waste management
 standards that would apply during 55-
 gallon accumulation would continue to
 apply during the 72-hour period.
   The proposed rule would require that
 waste in satellite areas be managed in
 accordance with §§ 265.171 and  265.172
 of the interim status standards for  •
 storage. These standards are general,
 good-housekeeping measures which
 ensure that containers used for storage
 of hazardous wastes are in good
 condition, and are compatible with their
 contents. EPA  believes that these are
 sensible requirements which should
 provide protection to human health and
  the environment.
   EPA believes it is appropriate that the
  contents of containers used for satellite,
  accumulation be identified clearly for
  safe handling and storage. The
  standards in § 262.34(a) require  the
  containers used for 90-day accumulation
  be marked with the words "hazardous
  waste". EPA believes that the same
  standard should apply to satellite
  accumulation, but recognizes that in
  many satellite areas these containers
  are already routinely labelled with more
  explicit information about the materials
  they contain. Either a marking of
  "hazardous waste" or another marking
  identifj'ing the contents of the container
  would probably serve the purpose of
  informing persons*in the area of the
  hazardous nature of the material. EPA is
  therefore proposing to allow either type
                       of marking 'during.the satellite
                       accumulation period.
                         The proposed rule does not provide
                       for the satellite accumulation of acutely
                       hazardous wastes, (wastes comprised of
                       those commercial chemical products and
                       chemical intermediates listed in
                       § 261.33(e), their off-specification-
                       species, containers and inner liners
                       containing these materials, and spill
                       residue; and debris created by spills of
                       these materials). The Agency identified !
                       those'wastes as beiqg particularly
                       hazardous, and believes that all
                       generators should use extra precautions
                       wherever they handle acutely hazardous
                       wastes, including at satellite
                       accumulation areas. For this reason,
                       today's proposal to exempt satellite
                       accumulation of hazardous waste from
                       many regulatory requirements  does not
                       include acutely hazardous waste.
                       Acutely hazardous waste would
                        therefore continue to be subject to
                        § 262.34(a) at-both central and satellite
                        accumulation areas. The Agency
                        welcomes comments on this
                        determination.         '  '         ...

                        III. Laboratory Wastes
                          Today's proposed exemption for
                        satellite accumulation of hazardous
                        wastes could be applied to laboratories
                        where waste  chemicals are initially
                        generated and collected in small
                        containers. Laboratory chemicals which
                        have served their intended purpose, ,
                        including discarded samples and spent
                        solvents, are  often collected initially in
                        small containers such as 5-gallon cans
                        or jars. When a number of these
                        containers are aggregated, they are
                        commonly placed in "lab packs" (as
                        discussed in the preamble to § 265.316,
                        November 17,1981) and sent off-site for
                        disposal. Some laboratories cannot
                        qualify for the small quantity generator
                        exemption in 40 CFR § 261.5; therefore,
                        under current regulations-, these •„.
                        laboratories must comply with
                         § 262.34(a) from the moment they" begin
                         accumulating hazardous waste. If
                         today'.s proposed rule is promulgated  in
                         final form, the initial accumulation of as
                         much as 55 gallons of hazardous waste
                         at or near'any point of generation in' a
                         laboratory will be governed by
                         § 262.34(c) rather than §_262-.34(a).
                           Some laboratories that handle
                         hazardous waste have indicated to EPA
                         that the RCRA regulations regarding  „
                         accumulation have been impractical to.
                         implement in laboratories. Their main
                         concern has been the problem of
                         accumulating quantities of hazardous
                         waste that can be practically
                       N transported ofjF-site. Because
                         laboratories commonly collect waste  .
                         chemicals at slow rates, if often takes
 longer than 90 days in which to      / .
 accumulate enough waste to fill a      .
 shipment. EPA believes that today's
 proposed rule, together with the current
 provisions for accumulation-by small
 quantity generators (§ 261.5), will
 alleviate most of the operational
 problems associated with accumulation
 of hazardous waste by laboratories.
 However, the Agency welcomes    ;
 comments  and suggestions,on this
 matter.    /  .       .
 IV. Maintenance of Vessels at
 Manufacturing Areas

   Hazardous wastes are sometimes
 generated  when product vessels in
 manufacturing plants are periodically
 cleaned out. This maintenance "
 procedure may produce a number of
 drums of hazardous waste which,
 according  to the  current regulations,
 must be managed in accordance, with
 § 262.34(a) as soon as accumulation
- begins'rSome generators find this..
 requirement unreasonable, explaining
 that these drums are commonly removed
 from the clean-put area within two or
 three days, and therefore the immediate  .-.
 need to comply with the regulatory
 requirements for 90-day accumulation   •
 poses an unreasonable burden. Under
 the amendment being proposed today,  a
 generator woukLhaye 72 hours after the
 first 55 gallons are accumulated in
 which to comply with either § 262.34(a)
 for continued on-site accumulation, or  v
 other'hazardous waste management
 standards, as appropriate. EPA believes
 that .today's proposal would alleviate
 the problems that generators experience
 with complying  with § 262.34(a) during
 maintenance of product vessels.

 V. Effective Date
    Section 3010(b) of RCRA-provides^that
 EPA's hazardous waste regulations and
  revisions  thereto take effect six months
  after their promulgation. In addition, 5
  U.S.C. 553 of the Administrative
  Procedure Act requires that substantive
 - rules not become effegtive until at least
  30 days.after promulgation unless there
  is good cause for shortening the period.
  The purpose of these requirements is to
  allow persons affected by the
  rulemaking sufficient lead time to
  prepare to comply with major new
  regulatory requirements. However, for
  the amendment proposed today, the
  Agency believes that delaying the
  effective date for any period of time
  after promulgation would cause
  substantial and unecessary disruption in
  the implementation of the regulations  .
  and would be contrary to the public ,...
  interest. This amehdment, if     '     ,
  promulgated in final form, would relieve

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                   Federal Register /  Vol. 48.  No. I-./ Mpnday. January 3,  1983 / Proposed Rule's
                                                                            121
   hazardous waste generators of having to
   comply with a number of requirements
   with respect to the initial, small quantity
   accumulation of hazardous waste in
 .  containers within a generating area. The
   Agency believes" that thisis hot the  type
   of regulation revision that Congress had
   in mind when'it provided a delay.
   between the promulgation and the
   effective date of revisions to regulations.
   Consequently,: the Agency plans to make
   this amendment effecive immediately "i'f *
  _an when it is promulgated in final form.

   VI. Compliance With Executive Order
   12291

    Under Executive Order 12291, EPA
   must judge whether a regulation is
   "major'1 and therefore sub"ject to the    ' •
   requirement of a regulatory Impact
   Analy$is. This proposedj-egulation is
   not. major because it will not result in.an.-:
   effect on'the economy of $100 million or
  more, nor will it result in an increase in
.  costs or prices to industry. There would •.
  be no adverse impact on the'ability of
  U.S.-based  enterprises to compete with
„ foreign-based enterprises in domestic or '
  export markets.. Because this    s       "
  amendment is no't a major regulation, no
  Regulatory  Impact Analysis is being     ,
  conducted.    .      .
  ,  This regulation was submitted-to the
  Office of Management and Budget  for
  review as required by .Executive Order
  12291.

  VII. paperwork Reduction Act
    Under the Paperwork Reduction  Act,
  44 U.S.C. 3501 etseq:, Federal agencies
  must consider the paperwork burden
  imposed by any information collection
 request contained in a proposed or final
 rule. This proposed rule, if promulgated,
 will not impose any new information
 collection requirements on'the regulated
 community.  In fact, this rule would -
 reduce the information collection
 requirements contained in the cleared '
 OMB request #2000-0062.
 VIII. Regulatory Flexibility Act

   Under the Regulatory Flexibility Act, 5
 U.S.C. 601 et seq., EPA mustprepare a
 'regulatory flexibility analysis for all
 proposed rules to assess their impact  on
 small entities. No regulatory analysis  is
 requred however, where the head of the
 agency certifies that the rule will not.
 have a significant economic impact  on a
 substantial number of small entities.
   The economic impact of this    ''"•,:
 regulation will be to reduce the costs of
 complying with EPA's hazardous waste
 management regulations  for generators  .
 of hazardous waste, .including those
   which are small entities. Accordingly, I
   hereby certify, pursuant to 5 U.S.C.
   601(b),that this proposed rule will not
   have a significant economic impact on a
   substantial number-of.small entities.

   List of Subjects in 40 GFR Part 262

    Hazardous materials, packaging and
   containers, Reporting and recordkeeping
   requiremejits, Security measures, Surety
  _ bonds, Waste treatment and disposal
  .water supply."    :.-'"'•
'.    Dated: December 20, 1982;
  Anne M. Gorsuch,         •
  Administrator.  -      -    • ,

    It isproposed that Title 40 of the Code
  pf Federal Regulations Part 262 be
  aiiiended as follows:

  rPART 262—STANDARDS APPLICABLE
  "TO  GENERATORS OF HAZARDOUS
  WASTE
    1. The authority citation for  Part 262
  reads as follows:          .-'   .
 '•-' 'Authority: Sees. 1006, 2002..3002, 3003, 3004, '
  and  3005 of the Solid Waste, Disposal Act, as
 ^amended by the Resource Conservation and
  Recovery Act of 1976, as amended, (RCRA),
  42 L/.S.C. 6905, 6912, 6922, 6923, 6924, 6925.
   2. In § 262;34; paragraph fc) is added
  to read as. follows:         ;
  §262.34  Accumulation time.
  *   *     *    * • ' • *         - '
   (c)(i) Excepfas provided by    '  •
  paragraph (c)(2J of this section, a
  generator may accumulate.as much as
  55 gallons of hazardous waste  in
.  containers at or near any point of
  generation without a permit or interim"
  status  and without complying with
-paragraph (a) of this section provided .
 he—.    -'•;•••   .  ' . •    '   ;-'*.:
   [i] Complies with §§ 265.171  and
 265.172 of this, chapter; and.
   (ii) Marks his containers either 'with..
 the words "Hazardous Waste" or with
 other words that identify the contents of
 the containers.
   (2) Paragraph (cXl) of this section   ':
-does not apply to the accumulation  of
•acute hazardous wastes as identified in
 § 261.3'3(e]I of this chapter.  ,    ":'-'
   (3) A generator who accumulates  •
 hazardous wraste in accordance with
 paragraph (c)(l) of this section and  •-"'•''"'
 exceeds 55 gallons at or near any po'int
 of generation must, with respect to that •
 amount of waste'in excess of 55 gallons, .
 comply within 72'hours with paragraph'
 (a) .of this section or other applicable
provisions of this chapter. During the 72-
hour^eriod, the generator must continue-
to comply, with paragraphs (qjfrlfj) and
(c)(l)(ii).bf this  section.   .-...'"~-.   .-:
[FR Doc. B2-35150 Filed 12-30-82; 8:46. amj     ..  •
BILLING CODE 6560-50-M

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United States
Environmental Protection
Agency
Official Business
Penalty for Private Use
$300
Washington DC 20460

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