Wednesday
January 10, 1983
Fart III
Environmental
Protection Agency
Hazardous Waste Management System;
Standards for Owners and Operators of
Hazardous Waste Treatment, Storage,
and Disposal Facilities; Hazardous Waste
Permit Program; Final Rule
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2508
Federal Register / Vol. 48, No. 13 /Wednesday, January 19, 1983 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 122,260,264, and 265
ISW-FRL 2033-3]
Hazardous Waste Management
System; Standards for Owners and
Operators of Hazardous Waste
Treatment, Storage, and Disposal
Facilities; Hazardous Waste Permit
Program
AGENCY: Environmental Protection
Agency.
ACTION: Final rule. .
SUMMARY: The Environmental Protection
Agency (EPA) is today promulgating in
final form the interim final rule
promulgated November 19,1980, which
addressed responsibilities of persons
who undertake hazardous waste
treatment and storage activities in
immediate response to a spill of a
hazardous waste, or of a material which,
when spilled, becomes a hazardous
waste. In the interim final rule EPA
made clear that the Resource
Conservation and Recovery Act (RCRA)
regulations governing treatment and
storage of hazardous waste are not
applicable to actions taken to
immediately contain and treat spills of
hazardous waste and materials which,
when spilled, become hazardous waste.
Thus, persons who treat or store
hazardous waste in immediate response
to a spill need not obtain a RCRA permit
for those activities. Today's action
finalizes the interim final rule with two
changes. First, the term "spill" has been
replaced with the term "discharge".
Second, the applicability of the
exemption has been extended to include
immediate responses to imminent and
substantial threats of discharges of
hazardous waste.
EPA anticipates that protection of
human health and the environment will
be improved by this action. This action
will encourage prevention and timely
control of discharges of hazardous
waste by relieving persons who respond
to such emergencies of having to first
obtain permits for their activities.
However, this action does not reduce
the regulatory requirements that pertain
to persons who treat or store hazardous
waste after immediate response is over;
neither does it reduce the substantial
penalties which exist for improper
disposal of hazardous waste.
EPA estimates that this action will
result in a savings to the regulated
community of approximately $200,000
per year.
EFFECTIVE DATE: These amendments
become effective on January 19,1983.
ADDRESSES: The public docket for this
regulation is located in Room S-269C,
U.S. Environmental Protection Agency,
401M St. SW., 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:
For general information, contact Amy
Mills, Office of Solid Waste (WH-563),
U.S. Environmental Protection Agency,
401M Street, SW, Washington, D.C.
20460. (202) 382-4755. For information on
implementation, contact your EPA
Regional Office.
SUPPLEMENTARY INFORMATION:
1. Introduction
On November 19,1980, EPA published
an interim final rule in the Federal
Register (45 FR 76630) concerning the
application of the hazardous waste
management regulations promulgated^
pursuant to the Resource Conservation
and Recovery Act (RCRA), to the
immediate response to spills of ....
hazardous waste and materials which,
when spilled, become hazardous waste.
The action was taken in response to
concerns voiced by members of the
regulated community as to whether
certain activities taken in immediate
response to such spills constitute
treatment (e.g., neutralizing the
hazardous waste) or storage (e.g.,
containing the waste in order to prevent
its spread). Treatment and storage of
hazardous wastes, under normal
circumstances, must be carried out in
facilities that have interim status under
Section 3005(e) of RCRA or that have a
treatment or storage permit from either
EPA or a State authorized to implement
the RCRA hazardous waste program.
Spills are often sudden events which
require immediate response actions. In
many cases, immediate response in the
form of treatment or storage of
hazardous waste will not be covered by.
a RCRA permit or interim status. This is
particularly true for generators who do
not treat, store or dispose of hazardous
waste and transporters who would have
neither a permit nor interim status. It
also may be true for owners and
operators of treatment, storage or
disposal facilities where their permit or
interim status may not cover the types
of treatment or storage performed in
responding to a particular spill. Persons
responding to spills would be placed in
the uncomfortable position of taking
actions necessary to protect human
health and the environment while-being
in violation of RCRA. ,
To correct this situation, EPA
promulgated an interim final rale (45 FR
76630), November 19,1980) amending 40
CFR Parts 264 and 265 to exempt
immediate spill treatment and
containment activities from the
' regulations governing treatment and
storage of hazardous waste. Part 122
was amended to indicate that persons
who perform such response activities do
not have to have a RCRA permit or
interim status. The rulemaking action
did not however, exempt owners and
operators of hazardous waste
management facilities regulated under
40 CFR Parts 264 and 265 from the
requirements listed in Subparts C
(Preparedness and Prevention) and D
(Contingency Plan and Emergency
Procedures) of those parts.
The November 19,1980, action also
added a definition of "spill" in §§ 260.10
and 122.3. The term "spill" was defined
essentially as an accidental discharge
incident. EPA sought initially to limit the,
exemption to:persons who respond to
unintentional discharges, believing that -
if the exemption applied to intentional-
discharges as well, persons who
intentionally discharge hazardous, waste ,
in an unlawful manner would be;granted
relief from RCRA permit regulations.
The Agency sought to avoid that result,
and therefore limited the exemption to
persons responding to accidental'
discharges, i.e., spills.
Since promulgation of the interim final
rale, EPA has determined that this
distinction between intentional and
accidental discharges is unnecessary
and in some cases may actually delay
prompt cleanup action. Emergency
response personnel such as Federal On-
Scene-Coordinators and state and local
response teams should have the latitude
to implement this exemption whether or
not the discharges they respond to are of
an intentional or unintentional nature. If
immediate treatment and storage were
restricted to only unintentional
discharges (i.e., spills), discharge
response personnel would be in an
untenable position in two respects. First,
they would have to make the difficult
determination of whether or not the
discharge was caused accidentally.
Second, if the discharge was not
accidental, they would be required to
obtain a RCRA permit before
commencing any treatment or storage
activities. Timely, effective response
would be inhibited by such
requirements. Unnecessary delays in
cleanup actions would be detrimental to
human health and the environment.
Further, EPA has determined that
expanding the scope of the exemption to
include persons who respond to
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Federal Register / Vol. 48; No. 13 / Wednesday, January 19, 1983 / Rules and Regulations 2508
intentional discharges would not, in fact,
relieve persons; who deliberately
discharge hazardous waste in an
unlawful manner of their obligations
under RCRA. The exemption concerns
only treatment and storage activities; it
does not relieve anyone of complying
with any requirements for the disposal
of hazardous waste. In addition, the
exemption appliea'only during
immediate response; all hazardous
waste management activities thereafter
are fully subject to, the RCRA ,
regulations. Moreover;0anyone who
violates any provision of RCRA or
regulations thereunder by unlawfully
discharging hazardous waste remains
fully liable for civil or criminal penalties.
EPA therefore has concluded that the
interim final rule should be amended so
that the exemption applies to treatment
and storage activities in response to
both accidental and intentional
discharges of hazardous waste.
In order to accomplish this change,
and equalize the application of the
RCRA regulations- to all immediate
response situations, EPA has replaced
the term "spill" with the term
"discharge" which, as defined in
§ 260.10 includes both accidental and
intentional spills. Unlike the definition
of "spill", the definition of "discharge"
does not include materials which, when
spilled, become hazardous wastes. :
However the regulatory language in
§§ 264.1(g](8) and 265.1(c)(ll] indicates
that the exemption applies to activities
taken in response'to discharged
materials which become hazardous,
wastes. .\ -
Today's rule also broadens the
response exemption to include persons
undertaking-activities to immediately
respond to an imminent and substantial
threat of a discharge of hazardous
waste, as well as the discharge itself.
This addition to the interim final rule is
being taken in recognition of the fact
that the same time constraints which
render compliance with the facility
standards and permitting requirements
impractical during immediate response
to an actual discharge also render
compliance impractical during
immediate response to an imminent and
substantial threat of a discharge.
Imminent and substantialthi'eats of
discharges can include a variety of
situations where persons handling
hazardous waste determine that a
discharge is about to occur. One:
example would be a bulging or smoking
drum containing a reactive hazardous
waste. A second example would be a
highway collision of tank trucks
carrying ignitable hazardous wastes. In
such cases,-immediate treatment or
storage may be necessary to prevent or
to mitigate a serious discharge. The
Agency believes that in order to
encourage rapid response,, persons
performing hazardous waste treatment
or containment actions in immediate
response to such impending discharges;
should be relieved of the facility
standards and permitting requirements
as are persons responding to actual
discharges., ' :
The final rule promulgated today
therefore includes a regulatory
exemption; for persons'responding to
imminent and substantial threats of
discharges. The intended effect of this
final action is to augment hazardous
-, waste discharge prevention and control
by relieving persons engaged in
immediate response to discharges and
serious threats of discharges from time-
consuming requirements. Persons who
treat or store hazardous waste past the
immediate response phase are subject to
all applicable requirements of Parts 264,
265, and 122.
The Agency has also clarified the
language used in the amendments to "
Parts 264, 265, and 122, The only
substantive changes have been a
replacement of the term "spill" with the
term "discharge" (thus, the definition of
"spill" has been deleted from Parts 260
and 122), and the addition of a provision
for immediate response to imminent and
substantial threats of discharges of
hazardous waste.. The "comment" that
appeared at the end of |§ 264.1(g)(8),
265.1(c)(ll), and 122.21(d){3] of the
interim final rule has been deleted. The
substance of the comment has been
integrated into the regulatory language
of those sections.
II. Response to Comments
1. Most of the comments received on
the interim final rule promulgated
November 19,1980, supported EPA's
decision to waive .the RCRA
requirements for treatment and storage
activities undertaken to immediately
respond to spills. Most commenters
agreed that compliance with the
treatment and storage regulations during
immediate spill response would be
burdensome and in some cases counter-
productive to pollution abatement
efforts. The general support received on
the spill response exemption has been
based on the belief that immediate
response to spills can be more timely
and therefore more effective if
procedural delays inherent in regulatory
_compliance can be kept to a minimum.
2. Comments were received suggesting
that the exemption be extended to
include responses to non-accidental
spills. For reasons cited in this , .
preamble, the Agency agrees, and has
broadened the exemption to include
responses to both accidental and non-
accidental discharges. ,
3. Two commenters objected to the
exclusion of spills which occur during
routine maintenance of machinery from
the exemption provision* EPA stated in
the preamble to 'the interim final rule (45
FR 76628) that the exemption did not
apply to such situations. The rationale
was that discharges during routine
maintenance could be expected and
controlled, and therefore; do not qualify
. as spills. However,- because EPA now
finds the distinction between intentional
andtinintentional discharges to be
unnecessary and unworkable in the
context of this rule, the Agency is
extending the exemption to cover
immediate responses to all discharges,
includmg those which occur during.
maintenance of machinery. '
4. Some concern was expressed over
the restriction of the exemption to
immediate response only. The point was
"made that response cannot always be
immediate, due to a variety of reasons,
and that the exemption should be
extended to cover treatment and storage
activities in "direct response" to a spilL
EPA promulgated the spill response
exemption in recognition of the fact that.
in emergency situations,, where
immediate response in the form of
treatment or storage is necessary to
protect human health and the
environment, there may be no time
available to comply with the regulatory
standards or to obtain an emergency
permit from EPA, pursuant to 40 CFR
122.27. When the response is not of an
immediate nature, the Agency believes
that sufficient time would be available
to contact EPA to obtain an emergency
permit for treatment or storage
activities. [Emergency permits caii be
granted orally arid can be valid for up to
90 days.), In addition, persons who
generate hazardous waste as a result of
a discharge may temporarily store those
wastes without a permit if they comply
with the requirements for 90-day
accumulation described in 40 CFR
262.34. Thus, the Agency does not
believe that an extension of the
exemption beyond the immediate
' response phase is necessary..
5. Several persons commented that the
term "immediate response" is vague,
and needs to be defined. EPA has not
explicitly defined this term because we
believe that individual incidents will
dictate what "immediate response" will
entail on a case-by-case basis. A rigid
definition would most likely restrict the
application of this exemption to a time-
frame or set of activities which would
be reasonable, in some instances but
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2510 Federal Register / Vol. 48, No. 13 / Wednesday, January 19, 1983 /Rules and Regulations
unreasonable in others. The Agency
wishes to encourage rapid response to
discharge and discharge threat
situations by relieving persons engaged
in response actions from restrictive
regulations. The extent of immediate
response therefore must be judged by
persons responding to discharges on an
individual basis. Problems with persons
who abuse the intent of this provision
can be better controlled through the.
enforcement provisions of RCRA than
through more restrictive definitions.
6. Several commenters requested a
clarification of the requirements for
persons who discharge a material listed
in 40 CFR 281.33 (commercial chemical
products, off-specification species,
containers, and spill residues thereof]
but use, reuse, recycle, or reclaim the
material after the discharge. Materials
listed in § 261.33 become hazardous
wastes when discarded or intended to
be discarded.1 EPA explained in the
preamble to the final rule promulgating
§ 281.33 [45 FR 78532, 78540, November
25,1980) that a material listed in that
Section which spills but is subsequently
used, reused, recycled or reclaimed has
not been discarded, and therefore is not _
a hazardous waste. Thus, the RCRA
Subtitle C regulations do not apply in
those instances when all of a discharged
material is reused; however, any
quantity of such discharged material
which is not reused is a hazardous
waste.
In the preamble ta the interim final
rule on spills (November 19,1980), EPA
stated that spilling a material listed in
§ 261.33 is tantamount to discarding it,
and therefore all such materials which
spill automatically become hazardous
wastes. That statement was made in
error. The act of discharging a material
listed hi § 261.33 constitutes discarding
only as provided hi § 281.2 of the
regulations.
7. Several persons have asked how to
determine whether a discharged
material is a hazardous waste. If no
manifest or other hazardous waste
documentation is available, a person
wishing to characterize a discharged
material should consult 40 CFR Parts 260
and 281. Part 260 defines hazardous
waste as a subset of solid waste. In Part
261, |§ 281.31 and 281.32 list hazardous
waste from non-specific and specific
sources. Knowledge of the origin of the
1 tt should be noted that on NOV. 19.1981, EPA,
published an interim final amendment to
{ :Wt.3(«Xa) [40 FR £6588] which, among other
thingf, exempts from Subtitle C regulation certain
fte mfaimtg losses of 1261,33 materials from
manufacturing operations where the losses are
mixed with wailewater and discharged hi
conformanco with regulations under Sec. 402 or
30r(b) of (lie Clean Watet Act
discharged material can thus be helpful
to the person in determining whether the
material is the product of a hazardous
waste stream. § 261.33 lists materials
which become hazardous wastes when
discharged if they are subsequently
discarded. These materials are also
listed on the Department of
Transportation hazardous materials
table (49 CFR Part 171). If a hazardous
materials shipping paper accompanies
the material, the name of the material
should be compared to the § 261.33 list.
If it cannot be determined whether a
discharged material is a listed
hazardous waste, §§ 261.20 through
261.24 describe criteria for determining
whether a solid waste exhibits the
hazardous waste characteristics of
ignitability, corrosivity, reactivity, or
toxicity.
8. There have been some questions
regarding the applicability of 40 GFR
261.5, the small quantity generator
exemption, to discharges of materials ,-
listed in Section 261.33. A person who
discharges a § 261.33 material and
discards any or all of that material
becomes a generator of hazardous
waste. (This is also true of persons who
discharge any other kind of material
which, as a result of discharging,
becomes a hazardous waste.) If the
quantity of hazardous waste produced
by that generator in that calendar month
at that site totals less than the amount
specified hi § 261.5 (May 19,1980, with
amendments November 19,1980) the .
generator is subject to reduced
regulatory requirements for small
quantity generators under § 261.5 for the
handling of that waste.
The small quantity generator
, exemption does not apply to discharged
hazardous wastes which were subject to
40 CFR Parts 262-265 of the regulations
prior to the discharge.
9. Several commenters noted that
persons who discharge and
subsequently discard a material listed in
§ 261.33 may become hazardous waste
generators or transporters as a result of
their actions. The RCRA regulations
require generators and transporters to
possess EPA identification numbers.
Commenters expressed the opinion that
the procedure for acquiring an EPA
identification number is too time
consuming in the emergency" situations
discharges often produce.
In response to these concerns EPA
published a notice in the Federal
Register of December 24,1980 (45 FR
85022) advising persons of the
availability of provisional EPA
identification numbers for generators
and transporters of hazardous waste '
during spills and other unanticipated
events. This provision applies to
generators and transporters who did not
obtain an EPA identification number
through the standard procedures under
Section 3010 of RCRA or §§ 262.12 and
263.11 of the regulations but who, due to
unforeseen circumstances, need one in
order to transport hazardous waste to a
designated facility.
According to § 263.30(b), a Federal,
State, or local official acting within the ,
scope of his official responsibilities may
temporarily waive the EPA
' identification number requirement for
persons engaged in immediate
hazardous waste removal following a
discharge incident during transportation.
In cases where a waiver is not
authorized,-or even if a waiver is
authorized but the generator or
transporter still identifies a practical
need to obtain a number before
transporting the waste, a provisional
number may be requested from EPA.
In the preamble to the interim final.
spill response exemption (45 FR 76629)
EPA'stated that "* * * persons who
anticipate that they generate hazardous
waste in the future may obtain-an EPD
ID number in advance."~The procedure
'for issuing provisional identification .
numbers established since that
statement was made obviates the need
for persona who think they may become
generators or transporters of hazardous
waste as the result of a discharge
incident to obtain numbers in advance.
10. One commenter claimed that since
some hazardous v/aste dischargers may
be subject to liability under the ,
Comprehensive Environmental
Response, Compensation, and Liability
Act ("Superfund") for discharge cleanup,
regulation under RCRA is redundant
and unfair, particularly in the sense that
a discharger could incur penalties under
both Acts for the same incident.
, EPA believes that the discharge
response exemption, promulgated in
final form today, reduces this area of
duplication considerably. Treatment and
storage activities undertaken in
immediate response to discharges of
hazardous waste, or materials which
become hazardous wastes as a result of
a discharge are exempt from most RCRA
regulations. However, ultimate disposal
of any hazardous waste residue
resulting from cleanup operations is
fully subject to the regulations, and must
be accomplished at a facility with a
RCRA permit or interim status.
If a person" improperly disposes of the
hazardous waste residue, he can be held
liable under both Superfund and RCRA.
Nothing precludes EPA or ihe courts
from assessing penalties under both
laws for the same incident. EPA will
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Federal Register / Vol. 48, No. 13 /Wednesday, January 19,:1983 / Rules and Regulations
2511
exercise enforcement discretion on a j
case-by-case basis in situations of
duplicate statutory or regulatory
coverage. The Agency must carry out
the mandates of both Acts, but does not
wish to place an undue burden on the
regulated community.
Persons affected by today's
rulemaklng should note that these
amendments do not affect requirements
regarding notification of releases of
hazardous substances under § 103 of
Superfund.
HI. 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, ,
Section 553 of the Administrative
Procedure Act requires that substantive
rules not become effective until at least
30 days after promulgation. The purpose
of these requirements is to allow '.'
persdns. affected by the rulemakmg
sufficient lead time to prepare to comply
with major new regulatory requirements.;
For the amendments proposed today
however, the Agency believes that
delaying the effective date for any
period.pf time: would cause substantial
andiunnecessary disruption in the
implementation, of the regulations and
would be contrary to the puolic interest.
These-amendments were promulgated .,
as interim final rules on November 19,
1980 in substantially the same form, and
have been in effect since that date. In;
addition, the interim final amendments
and today's final amendments grant an -
exemption from numerous EPA
requirements. Persons affected by these
amendments will not need lead time .to
prepare to comply with new regulatory
requirements. For these reasons, EPA
believes that good cause exists for
making these amendments effective
immediately. Accordingly, EPA is
making this final rule effective upon
promulgation. ,
;iV. Compliance With Executive Order
12291 -' ' , ' ' ' . :
Under Executive Order 12291, EPA
must judge whether a regulation is
"major" and therefore subject to the
requirement of a Regulatory Impact
Analysis. This regulation is not a major
rule 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. In fact, this>
regulation will reduce the overall costs
and economic impact of EPA's
hazardous waste, management
regulations. There will be no adverse
impact on the ability of U.S.-based
enterprises to compete with the foreign-
based enterprises in domestic or export
markets. Because, this amendment is not
a majos 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. "-'-,....
V. 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 final rule will not impose any
new information requirements on the .
regulated community. In fact, this rule
would reduce the information collection
requirements contained in the cleared
OMB request -#2000-0380.
List of Subjects
40 CFR Part 260
Administrative-practice and
procedure, Confidential business,'
information, Hazardous materials,:
Waste treatment and disposal.
40 CFRPart 264 -.--"
Hazardous materials, Packaging and
containers, Reporting and recordkeeping
requirements, Security measures, Surety
bonds, Waste treatment and disposal.
40 CFR Part 265
Hazardous* materials, Packaging and
containers, Reporting and recordkeeping.
requirements, Security measures, Surety
bonds, Waste treatment and disposal,
Water supply. ./ .
40 CFRPart122
Administrative practice and , '
procedure, Air pollution control,
. Hazardous materials, Reporting and
recordkeeping requirements, Waste
treatment and disposal, Water pollution,
control, Water supply, Confidential
business information.
Dated: January 12,1983.
Anne M. Gorsuch,
Administrator.
PARTS 122, 260,264, AND 265
[AI«!EI>SDED]
Title 40 of the. Code of Federal
Regulations Parts 260, 264, 265, and 122
are amended as follows:
1. The authority citation for Parts 260,'
264, 265, and 122 is revised to read as
follows: -
Authority: Sees. 1006, 2002(a), 3001 through
. 3007, 3010, and 7004, Solid Waste Disposal -.--".
Act, as amended by the Resource
Conservation and Recovery Act of 1976, as
amended,. 42 U.S.C. 6905, 6912(a), 6921 .
through 6927, 6930, and 6974.
§ 260.101 [Amended]
2. Remove the definition of "spill"
from § 260.10. i
3. Add the following paragraph (g)(8)
to §264.1: '
§ 264.1 Purpose, scope, and applicabiiity.
* * * . .* *
:(g)* ** V
; (8)(i) Except as provided in paragraph
(g)(8)(ii) of this Section, a person
engaged in treatment or containment ..
activities during immediate response to
any of the following situations:
(A) A discharge of a hazardous waste;
(B)~An imminent and substantial *
threat of a discharge of hazardous
,waste; .'-'..- . '
(G) A discharge of a material which,
when .discharged, becomes a hazardous .
waste. <. ' - ,. . , - .
(ii) An owner or operator of a facility
otherwise regulated by this Part.must
comply with altapplicable requirements '
of Subparts C andD.< ; -:; '--
(iii) Any person who is covered by
paragraph (g)(8)(i) of this Section and
who continues or initiates hazardous
waste treatment or containment :'
activities after the immediate response
is over is subject to all applicable
requirements Of this Part and Parts 122r
124 of this chapter for those activities. '
**'*.'* *
4. Add the following paragraph (c)(ll)
to §265.1:
§265.1 Purpose, scope, and applicability.
* * * - * *.,:''
(c)* * * ' V
''(ll)(i) Except as provided in
paragraph. (c)(ll)(ii) of this Section, a
person engaged in treatment or
containment activities during immediate
.response to any of the following
situations: I
(A) A discharge of a hazardous wastes
(B) An imminent and substantial
threat of a discharge of a hazardous
waste; ,
(C) A discharge of a material which,
when discharged, becomes a hazardous
waste. -
(ii)' An owner or operator of a facility
otherwise regulated by this Part must
comply with all applicable requirements
of Subparts C and D.. .,
(iii) Any person who is covered by
paragraph (c)(ll)(i) of this Section and
who continues or initiates"hazardous
.waste treatment or containment
activities after:the immediate response
is over is subject to all applicable
requirements of this Part arid Parts 122-
124 of this chapter for those activities.,
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2512 Federal Register / Vol. 48, No. 13 / Wednesday, January 19, 1983 / Rules and Regulations
§122.3 [Amended]
5, Remove the definition of "spill"
from 1122.3.
6. Add the following paragraph (d)(3)
to § 122,21:
§ 122.21 Purpose and scope of Subpart B.
* * * *
(d) * * *
(3)(i) Further exclusions, A person is
not required to obtain a RCRA permit
for treatment or containment activities
taken during immediate response to any
of the following situations:
(A) A discharge of a hazardous waste;
(D} An Imminent and substantial
threat of a discharge of hazardous
waste;
(C) A discharge of a material which,
when discharged, becomes a hazardous
waste.
(H) Any person who continues or
initiates hazardous waste treatment or
containment activities after the
immediate response is over is subject to
all applicable requirements of this Part
for those activities.
*****
(FR Doc. (B-1444 Wed 1-10-83; 8:45 »m]
BILUNQ CODE 8EW-50-M
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United States
Environmental Protection
Agency
Washington DC 20460
Official Business
Penalty for Private Use $300
First-Class
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