8ST
Thursday
August 1, 1985
Part II
Environmental
Protection Agency
40 CFR Parts 261, 262, 263, 264, 265,
270, and 271
Hazardous Waste Management System;
Proposed Rule and Request for
Comment .
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31278
Federal Register / Vol. 50. No. 148 / Thursday, August 1, 1985 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 261,262,263,264,265,
270, and 271
[SWH-FRL 2852-2]
Hazardous Waste Management
System
AGENCY: Environmental Protection
Agency.
ACTION: Proposed rule and request for •
comment.
SUMMARY: In the May 19,1980,
hazardous waste regulations issued
under the Resource Conservation and
Recovery Act of 1976 (RCRA), EPA
conditionally exempted most generators
of less than 1000 kilograms ("kg") of
..hazardous waste per month from full
regulation under Subtitle C of RCRA.
Congress subsequently passed, and die
President signed into law on November
8.1984, the Hazardous and Solid Waste
Amendments of 1984 (HSWA). These
amendments require the U.S.
Environmental Protection Agency (EPA)
to promulgate, no later »hVn March 31»
1988, rules applicable to generators of
between 100 kg and 1000 kg of
hazardous waste in a calendar month
('100-1000 kg/mo generators").
The Agency is today proposing and
requesting public comment on a
regulatory scheme for generators of 100-
1000 kg/mo that is based upon the
regulatory requirements applicable to "
larger generators contained in 40 CFBr ''-
Part 282. The intended effect of this..; _
scheme is to minimize the regulatory-. „
burden imposed on generators of lOuy-
1000 kg/mo that manage their wastes
off-site by reducing or eliminating a
number of existing large quantity - .
generator requirements for manifesting.,
recordkeeping and reporting. The .
proposal also extends the period of on-
sile storage allowed without the need
for interim status or a permit for these
generators to up to 180 days (or up to
270 days for quantities up to 6000 kg for
generators that must ship their waste
greater than 200 miles for treatment or
disposal). Such storage would be subject
to certain requirements under today's
proposed rule.
Today's proposed rules would impose
full Part 264 and 265 treatment, storage.
and disposal standards on generators of.
100-1000 kg/mo that treat, store, or
dispose of their wastes on-site if not
otherwise exempted. However, today's
proposal would delay the effective date
of these requirements to allow on-site
facilities to come into compliance with
the hazardous waste facility standards
or shift their management practices
away from on-site management.
DATES: Comments on this proposal must
be received on or before September 30,
1985. Three public hearings are
scheduled as follows: September 18,
1985—St. Louis, Missouri; September 20,
1985—Phoenix, Arizona; September 24,
1985—Washington, D.C.
The proposed Part 262 standards
applicable to 100-1000 kg/mo generators
would take effect six months after the
date of publication in the Federal
Register of the -final rules.
The application of Part 264 and 26i
standards to 100-1000 kg/mo generators
treating, storing, or disposing ©f
hazardous waste on-site using nan*
exempt management practices would
take effect twelve months after the date
of publication in the Federal Register of
. the final rules.
For off-site facilities managing wastes
from 100-1000 kg/mo generators, tike
Part 264 or 265 standards would apply to
th.e wastes from generators of 100-1000
kg/mo affective six months after the
date of publication in the Federal
Register of the final rules.
For off-site facilities managing wastes
exclusively from generators of less than
1000 kg/mo, the requirement to obtain -
interim status as a hazardous waste
facility for wastes from 100-1000 kg/mo
generators would take effect 6 months
from the date of publication in fee
Federal Register of the final ruiefc '
Off-site faculties managing waste
from both large generators and. -
generators of 100-1000 kg/mo may need •
to niu Jify their Part A permit
applications (as well as Part B if already
submitted) within six months from the
date of publication in the Federal
Register of the final rules to reflect these
newly regulated wastes from 100-100O.
kg/mo generators.
ADDRESSES Comments on this proposal
should be mailed to the Docket Clerk, .--• -
Office of Splid Waste; WH-562, .U.S. -
Environmental Protection Agency, 401M
Street, SW., "Washington, D.C. 20460 or
delivered to the RCRA Docket located in
RM S-212, U.S. Environmental .. ,
Protection Agency, 401M Street SW.,
Washington, D.C. The RCRA Docket is
available for viewing 8:00 a.m. to 4flQ •.
p.m. Monday through Friday, excluding. :
holidays. Communications should- •
identify the regulatory docket "Small
Quantity Generators". The public
hearings will be held at the following
locations: . . ' ,.- ...
1. September 18,1985—St. Louis,"
Missouri, Marriott Pavilion Hotel. One
Broadway, St. Louis, Missouri, (314)
421-1776
2. September 20,1985—Phoenix,
• Arizona, Hotel Westcourt, 10220
North Metro Parkway East, Phoenix,
. Arizona 85021, (602) 997-5900
3. September 24,1985—Washington
D.C., Department of Health and
Human Services*, North Auditorium,
330 Independence Avenue, SW.,
Washington, D.C. 20201
A block of rooms has been reserved at
the hotels in St> Louis and Phoenix for
the convenience of individuals requiring
lodging. Please make reservations
directly with the hotel and refer to the
EPA hearing. The hearings will begin at
9:30 a.m. with registration at 9:00 a.m..
and will run until 4:30 p.m. unless
concluded earlier. Anyone wishing to
make a statement at the hearing should
notify, in writing, Ms. Geraldine Wyer,
Public Participation Officer, Office of
Solid Waste (WH-562), U.S.
Environmental Protection Agency, 401 M
Street, S.W., Washington, D.C. 20460.
Persons wishing to make oral
presentations must restrict them to 15
minutes and are encouraged to have
writen copies of their complete
comments for inclusion in the official
record.
FDR FURTHER INFORMATION CONTACT:
Bernard J. Stall. (202) 382-1761, Office of
Solid Waste (WH-562), U.S.
Environmental Protection Agency, 401M
Street, S.W., Washington, D.C. 20460 or
tibe RCRA/Superfund Hotline, (800) 424-
9346. {in Washington D.C., call 382-
3000).
SUPPLEMENTARY INFORMATION:
Preamble Outline
Part I—Introduction and Background
I: Authority
-H. Organization
01. Summary of Today's Proposal
IV. Background
A. The 1978 Proposal
B. The May 19,1980 Regulations
C. The Hazardous and Solid Waste
Amendments of 1984
1. Early Implementation Provisions
2. Minimum Rulemaking Requirements
3. March 31,1986 Hammer Provisions
4. Small Quantity Generator Studies
V. EPA** Approach To Regulating 100-1000
kg/no Hazardous Waste Generators
A. Impacts on 100-1000 kg/mo Generators
1. Types of Businesses Generating
Hazardous Wastes
2. Business Size
B. Protection of Human Health and the
Environment
. C. Balancing Impacts and Protection of
Human Health and the Environment
1. Administrative Standards
2. Technical Standards
* Attendees should use the "C" Street entrance.
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Federal Register / Vol. 50, No. 14» / Thursday, August 1, 1985 / Proposed Rule*
31279
VI. Impact of Proposed Hazardous Waste
Tanks Amendments on 1CXMOOO kg/mo
Generators
I. Short Term Accumulation
2. Storage Tanks Subject to Permit
Requirements
Part II—Detailed Discussion of Proposed
Regulations For Generators of 100-1000
Kg/Mo of Hazardous Waste
I. Applicability and Scope of Today's.
Proposal
A. Proposed Redefinition of Small Quantity-
Generator— | 261.5
B. Generators of Acutely Hazardous Waste
C. Generators of Non-Acutely Hazardous
Waste in Quantities less than 100 kg/ma
D. Materials That Are Not Solid Wastes
E. Requirements for Recyclable Materials—
§ 261.S
1. Spent Lead-Acid Batteries,
2. Used Oil
il. Standards for Generators of Hazardous
Waste
A. Overview of Part 262 Standards for 100-
1000 kg/mo Generators
B. Part 262. Subpart A—General Standards
Applicable to 100-1000 kg/mo
Generators
1. Purpose, Scope, and Applicability—
! 282.10
2. Hazardous Waste Determination—
§ 262.11
. 3.'EPA Identification Numbers^-f 262.12'
C. Part 262, Subpart B—The Manifest
1. General Overview
2. Proposed Amendments To Subpart B—
The manifest • •
a. Proposed Manifest Exemption for
Certain 100-1000 kg/mo Generators-
fa. Proposed Amendment to S 262.20—
General Requirements
c. Acquisition of Manifests—1262.21
d. Proposed Amendment to § 262.22—
Number of Copies
e. Proposed Amendments to f 262.23—
Use of the Manifest
D. Part 282. Subpart C—Pre-Transporfc .
Requirements
1. Time and Quantity Limitations.
2. Standards for On-site Accumulation—
§ 262.34
a. Standards for Storage in
Containers—Part 262, Subpart I
b. Standards for On-site Accumulation;
in Tanks—Part 265, Subpart J
c» Standards for Preparedness and.
Prevention—Part 265, Subpart C •• ' •
d. Standards for Contingency Planning;
and Emergency Procedures—Part 285y, •
Subpart D, and Personnel Training:—
§265.18
E. Proposed Amendments to Part 262,
Subpart D—Recordkeeping and
Reporting- •
1. Recordkeeping—§262.40
2. Biennial Report—f 262.41
3. Exception Reporting—§ 262.42.
4. Additional Reporting—§ 262.43- -
F. Request for Comments on. Part 262, -
Standards
HI. Standards for Transporters of Hazardous
Waste—Part 2631
A. Proposed Amendments
8. Transportation Issues'
1 "Self-Transportation" of Hazardous
Waste .
2. Transporter Assumption of Generator
Responsibilities-
C. Request for Comments
IV. Standards for Facilities—Parts 264 and
265
A. Requirements Applicable to Generators
of 100—1000 kg/mo That Manage
Hazardous Waste On-site
B. Off-site Facilities That Manage Wastes
From 100-1000 kg/mo Generators
C. Delayed Effective Date;
D. Obtaining Interim Status
E, Conforming Amendments.
F. Request for Comments on Parts 264 and
265 Standards
Part III—Economic, Environmental, and
Regulatory Impacts
I. Impact on Authorized States
A. Applicability in- Authorized States-
B. Effect on State Authorization
II. Executive Order 12291—Regulatory Impact
A. Estimates: of Per Firm Costs
1. Proposed Part 262 Generator
Standards-
2. Transportation Costs
3. Treatment, Storage, and Disposal
Costs
a. On-site Accumulation
b. Treatment and Disposal
B. Estimates of Nationwide Incremental'
Cost Burden of Generators of 100-1000
kg/ma • i-
C. Estimates of the Economic Impacts of
Today's Proposed Rule
IH. Regulatory Flexibility Act
TV. Paperwork Reduction Act
V. List of Subjects
Pact I—Introduction and Background'
/. Authority:
These regulations ars being proposed.
under authority: of Sections 2Q02(a),
3001, 3002V3004.3005, 3008, 3010; 3015,
3017,3Q19t 9001, and 9003 of the Solid
Waste Disposal Act; as amended by the
Resource Conservation and Recovery
Act, as amended^ 42 U.S.C. 6912(a), 6921;
6922, 6924*6925, 892fc-6930, 6935; 6939,-
6991* and 6993;
//. Organization
Today's proposal is divided into three .
major parts^Part 1 of the preamble
summarizes; today'a proposal and
discusses much of the background
information" relevant to this-proposed
rulemaking, including: die previous
nilemakings affecting small'quantity
hazardous waste genera tors, aa well as-
the recent legislative amendments to the
Resource Conservation and Recovery
Act (RCRA) and the approach taken by
EPA-in today's-aetiont-Part H of the
preamble- addresses the applicability
and.scopH of today^rproposal and
describes in detail the specific
requirements witfrwhieklOO-IOOO kg/
mo generators would be required to:
comply: Finally, Part III of the preamble .
addresses the impacts of the proposed
rule on the State authorization process;
as well as on the regulated community,
small businesses, and the economy irr
general.
///. Summary of Today's Proposal
Under the existing Subtitle C
hazardous waste management system,
generators of less than 1000 kg of non-
acutely hazardous waste in a calendar
month are exempt from most of the
regulations in 40 CFR Parts 262, 263, 264,
265, and 266 if they meet the conditions
specified in 40 CFR 261.5.l The
Hazardous and Solid Waste
Amendments of 1984 (HSWA)
specifically require EPA to expand its
regulation of generators of between 100
and 1000 kg of hazardous waste in a
calendar month to ensure, among other
things, that these waste quantities are
managed at approved hazarous waste
management facilities. At the same time,
however, Congress gave EPA clear
authority to vary the standards for these.
generators from those requirements
applicable to larger generators, provided
that the requirements for generators of
between 100 and 1000 kg/mo are
protective of human health, and the.
environment. Congress expressed
concern that full regulation of these
generators, many of which are small
businesses, might not be appropriate..
Today's proposal represents the
Agency's efforts., to balance the need foe
regulation of this-group of g_eneratore in-
•a manner protective of human health.
and the environment with the impacts of
such regulation on small firms.
In essence, EPA has. concluded thai;
some relief from the administrative and-
paperwork requirements-embodied in
the Part 262 Generator Standards is;
appropriate for generators of I00r-I000>
kg/mo of hazardous waste because ofc
the lesser quantities of waste involved
and the generally small' business nature
of many of these firms. However. EPA is-
also proposingsufficient controls to
ensure protection of human health and .
the environment
Under today's- proposal, the "small
quantity generator'* provision contained*
in 40 CFR § 261.5 would apply only ta
those generators producing no more
than 100 kg of non-acutely hazardous-
waste in a calendar month.* •
'EPA has listed certain wastes in }-2«.33fe)-a»'
acutely hazardous wastes which ars subject to a r '
kg/mo smalf quantity generator exclusion level.
Acutely hazardous waste in.quantise* above 1 kg-
have been and will remain folly regulated under
Parts 282-288.
* The reader should keep in mind that the
provisions of today's- proposal would only apply to '
hazardous waste generators producing between 100*
kg and 1000 kg of non-acutely hazardous- waste-in- a-
calendar month and to- transporters' and facilities-
handling wastes from these generators. Ptrms-
Continue*
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31280 Federal Register / Vol. 50. No. 148 / Thursday, August 1, 1985 / Proposed Rules
Consequently, generators of between.
100 and 1000 kg/mo of hazardous waste
Hould no longer be small quantity
gengralors for regulatory purposes.
Instead, wastes from these 100-1000 kg/
mo generators would be subject to the
provisions of Part 262 as well as to the
facility requirements of Farts 264 and
JC5 and the transporter requirements of
Part 263.
L'niler the existing small quantity
generator exclusion, 100-1000 kg/mo
generators are only required to
determine whether their waste is
hazardous and ensure that the waste is ,
managed at a facility that is at least
approved by a State to manage
municipal or industrial solid waste (i.e..
'hey do not currently have to manage
thuir wastes at approved Subtitle C
hazardous wastes facilities). In contrast,
pnerators of more than 1000 kg of
•M'/ardous wastes in a calendar month
(iis well as generators of more than 1 kg
of iiculely hazardous waste in a
ntlcndar month) who ship their wastes
off-site must comply with the following
requirements:
* Determine whether their wastes are
hazardous;
• Obtain an EPA identification
number;
• Store hazardous wastes on-site for
no more than 90 days in compliance
with specific storage standards (unless
ihey comply with the full regulations for
hazardous wastes management
facilities)
• Offer their wastes only to
transporters and facilities with an EPA
identification number;
* Comply with applicable Department
of Transportation (DOT) and EPA
requirements for shipping wastes off-
site:
» Use a multi-part "round-trip" "
nunlfest to accompany the waste to its
final destination:
• Maintain copies of manifests for
three years;
• Report lost shipments to EPA; and
* Prepare and submit a biennial
report of wastes generated during odd
numbered calendar years.
Since under today's proposal, 100-
1000 kg/mo generators would no longer
be,"small quantity generators" but
subject instead to regulation under Part
'-norfclcg 100 kg or leu of hazardous waste in a
..li'rjdr month would continue to be subject to the
conditional exclusion under § 251.5 currently
applicable to generator*- of less than 1000 kg in a
c.iicndar month. Similarly, firms generating in
inccss o{ 1000 kg of hazardous waste in a calendar
month, or firms generating or accumulating acutely
hazardous wastes exceeding the quantities set forth
in { 2613. would continue to be subject to the full
Ml of hazardous wastes regulation* contained in 40
CFR Paris Z8Z. Z63.2W. 285.286.270, and 271 to the
f\l»nt those regulations apply.
262, the requirements listed above
would apply to generators of 100-1000
kg/mo if no other Part 262 amendments
were proposed. However, EPA is today
proposing a series of amendments to
Part 262 that would specifically exempt
or modify certain of the Part 262
requirements for 100-1000 kg/mo
generators. Under today's proposal, 100-
1000 kg/mo generators would be
required under Part 262 to:
• Determine whether their wastes are
hazardous (already required under
§ 261.5);
• Obtain an EPA identification
number;
• Store hazardous wastes on-site for
no more than 180 or 270 days in
compliance with specially modified
storage standards (unless they comply
with the full regulations for hazardous
waste management facilities);
• Offer their wastes only to
transporters and facilities with an EPA
identification number;
• Comply with applicable Department
of Transportation (DOT) requirements
for shipping wates off-site;
• Use a single copy of the Uniform
Hazardous Waste Manifest to
accompany the waste from the
generation site.
The proposed requirements for
generators of 100-1000 kg/mo are less'
stringent than those applicable to larger
quantity generators in two significant
respects. First, under today's proposed
rule, generators of 100-1000 kg/mo
would not be requried to comply with
the full manifest system currently
required of larger hazardous wastes
generators that ship waste off-site for
treatment, storage, or disposal. They
would, however, have to accompany
such off-site shipments with a single
copy of a completed manifest form. The
purpose of this manifest requirement
would be to serve as a "notification" to
subsequent handlers of the waste (i.e.,
transporters and facilities) that the
material is a hazardous waste and to
provide essential information to those
handlers as well as emergency
personnel. EPA is proposing to
specifically exempt these generators
from the existing manifest requirements
pertaining to number and distribution of
manifest copies as well as from the
recordkeeping and reporting
requirements associated with the full
manifest system (i.e., use and retention
of manifest copies and exception and
biennial reporting). Conforming
amendments to Parts 263,264, and 265
are also being proposed to exempt
transporters and facilities that accept-
wastes from these generators from
certain of the manifest requirements. In
addition, EPA is proposing to exempt
100-1000 kg/mo generators from the
requirement to complete the "single
copy" manifest under certain
circumstances where the waste is being
reclaimed under contractual
arrangements where either the
generator, or a reclaimer retains
ownership of the material throughout
the generation, transportation and
reclamation of the waste. Under such
circumstances, EPA believes that the
notice function of the manifest is
unnecessary, provided that specific
conditions are met.
A second significant difference for
100—1000 kg/mo generators will be the
requirements affecting accumulation
(i.e., short-term storage) of hazardous
waste on-site prior to shipping their
waste to an off-site treatment, storage,
or disposal facility. While § 262.34 of the
existing RCRA hazardous waste
regulatory program allows generators to
store hazardous waste on-site in tanks
or containers for up to 90 days without
the need to obtain interim status or a
RCRA permit (provided they comply
with specific requirements), today's
proposed rule would amend § 262.34 to •
allow 100-1000 kg/mo generators to
accumulate (i.e., store) waste on-site in
tanks or containers for up to 180 days .
(or 270 days if they must ship their
waste over 200 miles for treatment or
disposal), without obtaining interim
status or a permit, provided that these
generators comply with specific
requirements which have been reduced
somewhat from those applicable to
larger quantity generators. Unlike larger
quantity generators, those producing
between 100-1000 kg/mo would not be
required to prepare a written
contingency plan or have formalized
personnel training programs. They
would, however, be subject to a reduced
set of specific requirements for
contingency and emergency procedures,
and for ensuring that their employees
are fully cognizant of those procedures
as well as proper hazardous waste
handling methods. Generators of 100-
1000 kg/mo that store wastes in tanks or
containers would, however, be subject
to the same requirements of existing
Subparts I and ] of Part 265 applicable to
larger generators as well as to the
preparedness and prevention standards
contained in Subpart C of Part- 265.
The most significant impact of today's
proposed rule would be felt by those''
100-1000 kg/mo generators who treat,
store, or dispose of their hazardous
waste in on-site facilities and who do
not qualify for the 180-or 270-day
exclusion. These activities would be.
subject to the full set of Part 264 and 265
facility standards currently applicable to
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Federal Register /"Vol. SO, No,- 14ft / Thursday, August 1, 1985 / Proposed Rules
31281
other hazardous- waste treatment,
storage, and disposal- facilities, including
the need to obtain interim status and: a-
RCRApennit.EPA,see& no basis for -
reducing the technical standards for
these generators since the potential
hazards to human: health and the
environment appear to be' equivalent to?
those from otherrnuly regulated •
treatment; storagej.and disposal
facilities. However* because of ther '
major impact whicfc these facility
requirements- aierlifcely to have on manjt
of these firms, tha Agency is proposing;
' to delay the effective date of this portion
of the regulations, an additional six. -
months (/.e.,~ 1 year from the date o£
publication in the Federal Register: of th?
final rules} to allow- these firms
additional time to eithec arrange for off-
site management or to- up-grade their oft-
site practices for compliance- with. the
full set of Parts 264 and 285 facility,
standards. .
IV. Background •.--'- -
A. The 1978 Proposal , "
On December 8, 197$ BE* proposed a
set of regulation* implementing Snbtitte
C of the Resource Conservation? antfc
Recovery Act (RCRAf(43:FR 58S48),- :
Among oiher-tfungsv. the? proposal' sought
to define a: "generator* for purpose* of
imposing standards for the handling* ami
management of hazardous: wastes At
that time, EPA proposed a conditional
exemption- from portions- of- the- Subtitle;
C regulations for generatoM'tha* '. ' ,
generated lew than; 10Okg;af hazardous*:
waste in a calendar-month, Underther .'•
1978 proposal, a firm generatingjlea* .
than 100 kg of hazardous- waste- per- - -
month could be exemptettfrcaa-thtt -. -
complete set of hazardaus.waatof •. -^
regulations provided- th*generator- •• " '-
conducted a waste determination andt
disposed of his wasteat either a;State-
approved solid or industrial- waste-
facility or if the waste wa* treated.. -
stored, or disposed atanrauthorized-
Subtitle C facility;. ,- ,*-r -
The Ageney's-rationaiftfo* the-ioa-kg/-
mo exemption level, w.a« expressed? am; .
follows: , , ; •.tz,.',t^;... "•_•••• -
The principal 'efemeirt of ifift beua-iVBovw-
to balance the need taproteetiaraaahealthr
and the environment from the advenw ftnpact
of the potential mismanagement,a£ smalli
quantities of hazardous waste- with rtutnpqrf
to hold the administrative antf economic
burden of management ofmese wastes under
RCRA within rearonafefe-Hrf'B
In its 1978 proposal EFSidentifre*
and sought public comment: on a number
of alternative regulatory schemes for
small quantity generator* and expJicftlJr-
stated that it intended to consider-
establishing a smalt quantity generator
exclusion level of 100 kg/mo; Among the
alternatives the Agency considered4
were: £1} A conditioned exemption at
either the loakg/mo or 100O kg/ino
leveir (2)" a- degree of hazard approach-
that would take into account the relative
hazard'of various waste types-in
establishing-exemption levels; (3) an
unconditioned exemption for quantities
of hazardous-waste under 100" kg/mo
where a State assumes the regulatory
responsibilities-for these quantities
under either- it* Subtitle- C or Subtitle E£
programs; (4)' applying lesser
administrative requirements [e.g.,,
applying manifest requirements-but not
recordkeeping:aiK£repartin$
requirements^and/or lesser technical
treatment; storage, and disposal
requirements on-small quantities of
hazardous-waste),, without exempting or
conditionally exempting these, wastes
from Subtitle G management; and (5}
phasing regulatory coverage of-small
quantity generator-quantities (e.g., aiu
initial conditioned exemption of
quantities, at a high cut off level, and the-
imposition of a lower exemption, limit iir
two or three, yeara^t
B. The May/19; 1980 Regulatians.
In finalizing:its proposed regulation*
inMayofl98G,thR Agency decided to .
impose a system that contained,
elements from several of the approaches)
considered irt the 1978-grogosaL The
final rules^establiatied a higher initiat
conditional exemption level ol-1000 kg/
mo for most hazardous wastes but seta
1 kg/ma level fot acutely hazardous;
wastes. Howevec the Agency also
concluded that information: on,
envinjnmentaL impacts and a review of
damage cases-tended-tct support a 100-
kg/ma excluaian,LsveLCSee,4S^a331Q4}>
and stated its intention to initiate
rulemaking to phase in.'Subtitle G
coverage,, within, tworta-five-years; of
small quantity generators generating-
quantities greater-than 10O-kg/nMU
The decision, to conditionally exempt
generators of less than 1000 kg/mo o£
azardous waste from- full Subtitle C
coverage.was. Based on a^ number- of
factors-WnilfcEPA.considered different
schemes, foe using,hazard.in. establishing
quantity, limitations^ the primary reason,
for establishing the exemption, level at
1000 kg/ina was administrative^
expressed as. fhllowst.
The Agency has determined that the-
enormous'number of small generators ifc
brought entirely, within the Subtitle C-
regulatory system, would far outstrip the
limited Agency resources necessary to-
achieve effective trnplementatiow. [4&FR~
33103) •
At that time, EPA argued that, based
on available data, 97% of the hazardous
waste generators produced less than
1000 kg of hazardous waste per month,
yet accounted for less than one percent
of the total waste generated. The
Agency concluded that instead of
sacrificing other elements of the
regulatory program such as permitting
and enforcement through dilution of
resources, the overall environmental
objectives of RCRA would be best-
served by choosing an exclusion level
such that its Smited resources could be
used to implement the full regulatory-
program fbrthose generators producing'
99% of the hazardous waste.
C. The Hazardous and. Solid Waste.
Amendments of 1984
On November 8,1984, the President-
signed Pub. L. 98-616, titled The-
Hazardous and Solid Waste
Amendments of 1984 (HSWA]. These
comprehensive amendments will have
far-reaching ramifications for EPA's
hazardous waste regulatory program.
and will impact a very large number, of
businesses in the United States. Further,
Congress has established in these
amendments ambitious schedules-for-
the-imposition of the requirements that
EPA must promulgate.
With respect to regulation of'small'
quantity generators, the HSWA added a
new subsection (d) to section 300X of
RCRA designed to modify EPA's current
regulatory exemption, of wastes
generated by small quantity-generators
from full Subtitle C regulation f40 CFR
261.5), Section 3001(dJ- directs EPA to
develop a comprehensive set of
standards which will apply to hazardous
wastes produced by small quantity
generators-of'between lOaand'lOOakg
of hazardous waste in a calendar month.
("generators, of 100-1000 kg/mo"J. EPA
is required to publish final standards in
the Federal-Register no later than March
31,1988. In addition, section 3001(d)
imposes certain minimum requirements
on these generators prior to that date
and requires: EPA to complete a number
of studies- before April 1987:
1. Early-Implementation Provisfons. In
the May 19,1980 regulations, EPA
established special requirements fop-
hazardous waste generated, by smalf-
quantiry generators. In those
regulations; two classes of small
quantity generator-were established: (TJ
Those generating or accumulating,
acutely hazardous-wastes belbw-
specific quantity cutoffs, and {2} those
generating or accumulating less than
1000 kg/ino of non-acutely hazardous
wastes. ' • ...
On July 15v.l985i EPA published in the
Federal Register a-Final Rule which-
codified a number of legislatively
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31282 Federal Register / Vol. 50, Nth 148 / Thursday, August 1, 1985 / Proposed Rules
mandated provisions contained in the
HSWA in the Code of Federal
Regulations (CFR) (See 50 FR 28702-
28755, July 15,1985). Among those
provisions is the requirement of section
3001td)(3) that effective 270 days from
the date of enactment,3 all off-site
shipments of hazardous waste from
generators of greater'than 100 kg but
less than 1000 kg of hazardous waste
during a calendar month must be
accompanied by a copy of the Uniform
Hazardous Waste Manifest, signed by
the generator, and containing the
following information.
• The name and address of the •
generator of the waste;
• The U.S. Department of
Transportation (DOT) description of the
waste, including the proper shipping
name, hazard class and identification
number (UN/NA);
» The number and type of containers;
• The quantity of waste being
transported; and
• The name and address of the
facility designated to receive the waste.
The information required by this
provision (codified at 40 CFR 281.5{h)(3))
corresponds to Items 3,9,11,12,13,14,
and 16, of EPA form 8700-22 and .
accompanying instructions promulgated
on March 20,1984 (49 FR 10490). These
information requirements conform to
DOT shipping requirements designed to
provide necessary information to
handlers of hazardous materials [e.g.',
transporters and emergency response
personnel). The absence in the HSWA,
of specific requirements for multiple,
copies, recordkeeping, and identification
and signature of the transporter along
with a review of the legislative history
have led the Agency to conclude that.
Congress intended the "single copy"
Uniform Hazardous Waste Manifest to
serve primarily as a notification to the _
transporter and recipient facility that the
material is a hazardous waste, and not
(is a "roundtrip" waste tracking
instrument In fact, the legislative
history for the small quantity generator
provision provides that:
Them Is an immediate need to provide:.
notice to transporters, treaters, storers, and
disposers of small quantities of hazardous
waste of what they are handling or receiving.
Such notice will enable the handlers of those.
wastes to properly manage them and be
aware of the dangers they present S. Rep."'
No. 284,98th Cong., 1st Sess. 8 (1983)
("Senate Report")
While 100-1000 kg/mo generators are
not required to complete the entire
manifest under Federal law beginning
August 5,1985, many States operating
their own hazardous waste programs
may require additional information on
the manifest or require use of that
State's version of the Uniform
Hazardous Waste Manifest.
This manifest requirement applies
only to generators generating between
100 and 1000 kg of hazardous waste in a
calendar month. Section 3001(d)(7) of
the HSWA expressly provides that
existing EPA regulations pertaining to
acutely hazardous waste are not
affected by the amendments.
The HSWA provisions, together with
existing regulations, distinguish three
• classes of small quantity generators for
regulatory purposes: (1) Those
generating between 100 and 1000 kg of
non-acutely hazardous waste per
calendar month; (2) those generating up
to 100 kg of non-acutely hazardous
waste per calendar month; and (3) those
generating acutely hazardous wastes in
quantities currently set forth hi
§ 261.5(e).4 These classes of small
quantity generators are distinguished in
the July 1985 "Codification Rule".
Under the regulatory system imposed
by 40 CFR § 261.5 implementing section
3001(d) of the HSWA, a small quantity
generator in the first group (i.e.,
producing between 100 and 1000 kg of
non-acutely hazardous waste in a
calendar month) is currently subject to
the following requirements:
(1) He must determine if his waste is
hazardous under 40 CFR 262.11
(§ 261.5(h)(l));
(2) He may conditionally accumulate
hazardous waste on-site provided he
does not exceed the quantity limitation
contained in § 261.5(h)(2);
(3) After August 5,1985, he must
partially complete and sign a single
copy of the Uniform Hazardous Waste
Manifest to accompany any off-site
shipment of hazardous w.aste
(§ 261.5(h)(3));
(4) He must treat or dispose of his
hazardous waste on-site, or ensure
delivery to an off-site treatment, storage,
• or disposal facility. The on-site or off-
site facility must be either (i) Permitted
by EPA pursuant to Section 3005~of
RCRA or by a State having an
authorized permit program under Part
271; (ii) in interim status under Parts 270
and 265; (iii) permitted, licensed, or
registered by a State to manage
'The HSWA of 1964 was signed Into law on
November 8.1984. The initial manifest requirement
for generator* of between 100 and 1000 kg/mo of
hazardous waste, therefore: goes into effect 270 .
Aiyi Inter on Atigurt 5.1985.
'The accumulation provisions of § 281.5 (f)(2).
(g)(2). and (h)(2) imposing full regulation on
generators that exceed the quantity limitations of
this section remain unchanged by the July 1985
"Codification Rule".
municipal or industrial solid waste; or
(iv) a facility which beneficially uses or
reuses, or legitimately recycles or
reclaims the waste; or treats the waste
prior to reuse, recycling or reclamation
(§ 261.5(h)(4)J.
Small quantity generators of less than
100 kg of hazardous waste in a calendar
month remain subject to the
requirements described in the preceding
paragraph, with the exception of the
requirement to partially complete-a
single copy of the Uniform Hazardous
Waste Manifest when shipping waste
off-site. Generators of less than 100 kg
are not required to comply with the
partial manifest requirement. No
additional requirements apply to this
class of hazardous waste generator
under the existing rules unless the
quantity limitations contained in .
§ 261.5(g) are exceeded.
Small quantity generators that
produce acutely hazardous waste and
' do not exceed the quantity limitations
for such waste are subject to the same
requirements as are generators of less
than 100 kg of other hazardous wastes.
No additional requirements apply to this
class of small quantity generator unless
the quantity limitations contained in
§ 261.5(e) are exceeded, at which point
the acutely hazardous waste becomes
subject to the full generator
requirements of 40 CFR Part 262.
2. Minimum Rulemaking
Requirements. Section 3001(d)(l) of the-
HSWA requires EPA to promulgate, by
March 31,1988, standards under
Sections 3002,3003, and 3004, for
hazardous wastes generated by a
generator in a total quantity greater than
100 but less than 1000 kilograms in a
calandar month. Standards developed
under this section must be sufficient to
protect human health and the
environment but "may vary from the
standards applicable to hazardous
waste generated by. larger quantity
generators"[emphasis added] (Section
3001(d)(2)). EPA is further authorized to
promulgate standards for generators of
less than 100 kg/mo of hazardous waste
if the Administrator determines it is
necessary, to do so to protect human
health and the environment (Section '
3001(d)(4)).
At a minimum, standards issued
pursuant to section 3001(d)(l) must
require that all treatment storage, and
disposal of hazardous wastes from
generators of between 100 and 1000 kg
of hazardous waste in a calendar month
occur at a facility with interim status or
a permit issued under Section 3005 of
RCRA. The standards must also allow
generators of between 100 and 1000 kg
of hazardous waste during a calendar
-------
^Federal Register pVol 6ft 'ffe! 148 7Tiurs\lay,"Ai^aVl,' 1985
Jules
month to store waste on-site for up to
180 days without being required to
obtain a RCRA permit. If a generator
must ship or haul his waste greater than.
200 miles, that generator may store up to
6000 kg of hazardous wastes for up to
270 days without a permit (section
3001(d)(6)).
• In addition, the Agency is interpreting
the statute to require that, at a minimum,
EPA's regulations must provide for
continuation of the August 1985
requirement that off-site shipments of
hazardous waste from 100-1000 kg/mo
generators be accompanied by a single
copy of the Uniform Hazardous Waste
Manifest containing at least the
information specified in section
3001(d)(3). This interpretation is
supported by a Congressional debate on
the small quantity generator provision:
Another element of the minimum
regulatory content provided in [the
amendment] for small quantity generators is
the requirement that all hazardous waste
from generators producing more than 100
kilograms in a month be accompanied by a •
manifest This will provide notice of the
hazardous nature of the waste to transporters
and disposal facilities. 130 Cong. Rec. S. 9150
(daily ed. July 25,1984).
The Agency believes that at a
minimum Congress intended that the
Agency's regulations incorporate the
partial Uniform Hazardous Waste
Manifest requirements in order to
provide notice of the hazardous nature
of the waste to transporters and
facilities.
3. March 31,1986 Hammer Provisions.
In the event that EPA fails to promulgate
standards for hazardous waste
generators producing greater than 100 kg
but less than 1000 kg in a calendar
month by March 31,1986, these
generators will be subject to certain
legislatively stipulated provisions.
First, a 100-1000 kg/mo hazardous
waste generator must continue to
comply with the manifest requirements
of section 3001(d}{3) and begin providing
the names of the waste transporters on
the manifest form (section
3001(d)(8)(A)).
Second, except for on-site storage for
up to 180 days (or up to 270 days for
quantities up to 6000 kg if the generator
must ship his waste greater than 200
miles), the treatment, storage, or
disposal of hazardous waste generated
by 100-1000 kg/mo generators must
occur at a facility with interim status'or
a permit under Subtitle C of RCRA5
(section 3001(d)(8)(B)).
Third, these generators must retain for
three years a copy of the manifest
signed by the designated facility
receiving the waste (section .
3001(d)(8)(D)). .'•;•..- ;
Finally, these generators must file
semi-annual exception reports by
January 31, for waste shipments
occurring in the last half of the
preceding calendar year and by July 31,
• for any waste shipment occurring in the
first half of the calendar year (section
3001(d)(8)(C)).
The HSWA specifically states that the
requirements of this section should not
be construed to be determinative of the
requirements appropriate for small
quantity generators in developing, a
' regulatory program. Thus, with the
exception of a minimum requirements
discussed above, EPA has flexibility to
design a regulatory program for 100-1000
kg/mo generators that is protective of
the environment and public health as "
well as tailored to the special conditions
of generators of smaller quantities of
hazardous waste.
4. Small Quantity Generator Studies.
The HSWA of 1984 requires EPA to
conduct, and report to Congress on, a "
series of studies designed to
characterize the small quantity- - : • :- •' .. • •
generator population and explore the
feasibility and utility of various; - :"V
approaches to regulating small quantity
generators of hazardous waste; .-
Specifically, these studies will: (1) •;.
Characterize small quantity genera tor
wastes and management practices as-
well as the risks associated with them
and the potential costs which small :
quantity generators may incur in
modifying those practices; (2) evaluate
the existing manifest system for
hazardous wastes as it applies to small "
quantity generators and recommend
changes, as appropriate; (3) explore the
feasibility of easing the administrative-
burden on small quantity generators,
increasing compliance, and simplifying
enforcement efforts through a program.
of licensing hazardous waste .
"transporters to assume the t
responsibilities of generators relating to
preparation of manifests and the
associated recordkeeping and reporting
requirements; and (4) assess the
problems associated with the
accumulation, storage, and disposal of
hazardous wastes from educational
institutions. . .
EPA has already completed or
initiated work on most of the mandated
studies. Much of the basis for today's
proposal is drawn from a major mail
"Section 300S(e)(l)(A)(ii) allows facilities that
were in existence on the date that they first became
subject to the requirement to obtain a permit to
obtain interim status. The effect of this provision on
100-1000 kg/mo generators that manage their
hazardous waste on-site is discussed in Part II.
Section IV. D. of this preamble.
survey of small quantity generators
conducted in 1983 and 1984 to.
characterize the small quantity
generator population and its waste
generation and management practices.
The results of that survey are discussed
in detail in a later section of this
preamble. EPA has also developed
preliminary information for the manifest
and -transporter studies and these, too.
• form the basis for portions of today's
proposal. Finally, the Agency intends to
initiate the study of hazardous waste
fromi educational institutions by the end
of 1985. While the Agency does not
anticipate that conclusions drawn from
these studies will necessitate further
regulatory changes, EPA will consider
the adoption of regulatory amendments
based on these studies, if appropriate, in
a future rulemaking.
V. EPA's Approach To Regulating 100-
1000 kg/mo Hazardous Waste
Generators
Section 3001(d)(l) of the HSWA
requires the Agency to promulgate
standards for generators producing 100-
1000 kg/mo of hazardous wastes. At a
minimum, such standards require .that
these generators' wastes be managed at
facilities with RCRA permits or interim
status except that such generators may
.store wastes on-site without a permit for
up to 180 days (or 270 days if such
generator must transport the waste over
200 miles). Section 3001(d)(6). In
enacting section 3001(d) of the HSWA,
Congress contemplated that 100-1000
kg/mo generators would be treated
differently than would generators of
larger quantities of waste. This intent is
manifested in section 3001(d)(2) of the
HSWA which specifically provides that
the Agency may vary the standards for
100-1000 kg/mo generators from those
standards applicable to larger quantity
generators. The authority to vary such
standards- is, however, statutorily
circumscribed by the need to protect
human health and the environment.
Section 3001(d)(2).
In. developing standards for 100-1000
kg/mo generators, the Agency has
honored the general Congressional
intent underlying these amendments.
EPA "believes that the pertinent
legislative history in conjunction with
the requirements embodied hi section
3001(d) reveals that Congress generally
intended the Agency to analyze two
themes when developing such
standards: impacts on 100-1000 kg/mo
generators and the protection of human
health and the environment.
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31284
Federal Register / Vol. 50, No. 148 / Thursday, Aiignst 1, 1985 / Proposed Rules
A. Impacts on 100-loeofcg/mo
Generators
The legislative history underlying the
section 3001 (d) amendments indicates
that Congress intended the Agency to ,
take into account impacts on 100-1000
kg/mo generators when developing •
standards for this class of generator.
Congress specifically recognized that •
"many small quantity generators may ie
small businesses that may be adversely
affected if the full set of Subtitle C
regulations are required." H. Rep. No.
1133. 88th Cong., 2d Sess. 103 (1984)
reprinted at 13&'Cong. Rec. H 11132
(daily ed. Oct. 3. 1984) ("Conference
Report"). DUB to these perceived
impacts, the Agency was instructed to
determine whetherTequirements for
100-1000 kg/mo generators could "be
varied from requirements applicable to
other generators. Id. In particular,
Congress specified that the Agency
should consider limiting the
iiclministrative burden for this class of
generator. H.R. Rept. No. 198 (Part 1),
i3th Cong., 1st Sesa. 25 {1983} ("House
Report"). In the conlextasf minimizing
the administrative fanrden on this class
of generator. Congress specifically
requested the AdTmmu
whether it was possible :ta simplify..
reduce the frequency of. or eliminate the
existing reporting andxecordkeening
requirements. -Conference Report.at 503.
In developing standards for 100-1000 *
kg/mo generators, the Agency analyzed
the impacts these generators would
experience if fullSubtitk Cregulationa
were imposed. Under .this analysis, -the
Agsncy considered-wbether 100-1000
kg/mo generators would experience
impacts more se.vete.thaa those realized
hy iarger'quantity generators which
would, La turn, justify varying the
standards for the 100-1000 kg/mo
generators. The Agency relied upon two
criteria in conducting this impact
analysis: the types of businesses
generating hazardous wastes and 'the
business size of hazardous waste
generators. v
1. Types of Businesses Generating
Hazardous Wastes. When EPA
promulgated its inKtial set of hazardous
waste management standards in May
1980, limited informffSon-waa available
concerning the types of business-
activities genera ting hazardous waste.
Data presented an'thespreamfale .to the
May 19, 1980, regulations were drawn
from existing estimates ^ievelopediby
states, industries, and others <{45 ER
33102). As discussed earBer. ihe-ftgency
has greatly increased Its knowledge®?
hazardous waste generation and
management since 1980. principally
through fee design and implementation
of two major surveys.8
Results from .these surveys tend to
verify and reinforce the Agency position
in the -May 19, 1980,preambfe thai "ftie
types oT business activity generating
small quantifies of hazardous waste
differ markedly from those generating
large quantities of hazardous waste" (45
FR33IOS). Generators of ,100-1000, kg/
mo of hazardous wastes are found 'in
many industries, 'but tend to he
conceRtratedin ithe non-manufacturing
or service .sector ,(85 percent annnrriing
to Survey estimates)- "Within tKia sector,
nearly 70 percent-of 100-1000 kg/mo
generators are engaged 5n vehicle
maintenance, with •ethers .dispersed
across a variety of acfiviSes, including
printing, photography, idrycleaning, -and
pesticide -application services. In
comparison, large quantity generators of
more than 1000 kg/mo -are .nearly all .
concentrated in .the manufacturing,
sector .and 'include such business
activities as metal fabrication, .electrical
equipment .production, .chemical
manufacturing, .and .other manufacturing
related industries. • . , •
Generators (concentratedia 'the
service or J»R-4aanu£aotuiing -sectors
are generally' Jess dsopbiaticated than
chemical and manufacturing ;plant9
about regulatory requirements ibecause
they are leas likely to have
pnvirnnmrnnrtol jnfiy-am .tUroritnt-a JIT
environmeatalcounael to advise "them .
regazduig-coBopHance *»th -an .extensive-
regulatory •scheme. The imposition of
full Subtitle'C.standardaon these
genera toes -would probably -result in &
greater -administrative (burden thas
would bep H t ri yipTtrn sermons supports ihfi
'NafinolSmall'Qainttity-PrazaHfous Waste
Generator Survey; Abt Associates, Cambridge, MA:
February 28,1985. National Survey of Hazardous
Waste Generators andTcaatment. 'Siorqge, and
Disposal Facilities Regulated Under HGRA in 198U
Westat. Roclcville. MD; April 20.1984.
conclusion that most generators of large
amounts of'hazardous waste are likely
to be owned and opera ted hy large
corporations. In contrast, a substantial
portion of'the non-manufacturing 100-
1000 kg/mo generators, such as those
involved in vehicle maintenance
activities, laundry and drycieaning_and
other service industries, are believed by
the Agency to be locally owned or
operated small businesses.
Since 100-lflOO kg/mo generators are
likely to be small businesses, the
Agency assumes that these generators
will be Jess likely to have the capability
to comply with the full set of hazardous
waste regulations .currently applicable
to large quantity generators. This
assumption is confirmed fay the
Agency's experiences with the Small
Business Hotline. According to EPA's
Small Business Ombudsman, firms with
fewer than 100 employees typically
account for more than 80 percent of the
calls .received .by the Small .Business
Hotline. The majority of these .calls
involve requests for information and
assistance in interpreting and complying
with EPA regulations. Given the general
unfamiliarity of the small
businessperson withthe RCRA
regulations, 'EPA .believes that these
small businesses may have a more
difficult time interpreting and complying
with complicated RCRA regulations.
Since they are smaller businesses, .we
also assume that they have lower profit
margins and fewer financial resources to
comply with full Subtitle C regulations.
Therefore,, the Agency is today
proposing to modify the standards for
these generators.
B. Protection of Human Health and the
Environment . •
Generators -of 100-1000 kg/mo would
be less capable-of absorbing the impacts
of full regulation than-would generators
producing over 1000 kg/mo of hazardous
wastes .because «f ihe (distinction in.
business size and business type as
discussed above. However, Congress
did not intend that the Agency'Consider.
impacts ton these 'generators in a -void.
The second theme that emerges .from the
statute and the legislative history is that
the Agency must assume protection of
human health and the environment
when developing standards for 100-1000
kg/mo-generators.
The legislative history construing the
Agency's mandate to asssure protection
of human health and the«nvironment
attempts to furnish a framework by
which Administrator may assure
protection of human health and the
environment wiale varying the '
standards for 100-1000 kg/mo
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Federal Register / Vol. 50, No. 148 / Thursday, August 1, 1985 / Proposed Rules
31285
generators. The factors specified by
Congress as necessary for such a
determination are waste characteristics,
waste management practices and
locational criteria. Conference Report at
103. Congress anticipated that based-
upon these three criteria, the
Administrator would be able to make
distinctions between 10O-1000 kg/mo
generators and generators of larger
quantities of waste. ,
The Agency believes that Congress
did not intend the Agency to exclusively -
rely upon these factors. First, as a
general matter, the Agency has.always
had the authority to consider these
factors when making risk judgments for
all hazardous wastes and hps
traditionally evaluated these criteria
when making hazardous waste
regulatory decisions. The Ageppy-would,
as a matteK-ftf course, iax&eValua ted-
these criteria as part of thia rulemaking .
irrespective of this legislative
discussion. Consequently,-the-Agency
believes that Congress must have- .
intended that the Agency consider, and
rely upon, other criteria as well when
developing such standards. •
Second, the Agency has considered.
the three criteria specified by Congress
as providing a distinction between large
quantity generators and 100-1000 kg/mo
generators. After evaluating these
criteria, the Agency has been unable to
rely upon waste, management practices,.
locational criteria or waste-
characteristics to draw meaningful
distinctions between the two classes of
generators. Data from EPA's survey of
small quantity generators "indicate that
both small and large quantity generators
produce many of the same types of
waste and use many of the ^ame waste
management practices. Moreover, the
Agency is unaware of any significant
differences in locational criteria for the
two classes of generators...
Therefore, under its broad discretion
to protect human health and the
environment, thg Ageney
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31286 Federal Register / Vol. 59. No. 148 / Thursday, August 1. 1985 / Proposed Rules
from the potential dangers that are
associated with the disposal-of
hazardous waste on the one hand-and
the protection of over-a million small
businesses in America from
burdensome, unnecessary regulations.
and paperwork." 129 Cong.Tlec.-H 9712
(daily ed. Nov. 3,1983).
In order to develop standards which
adequately balance impacts and
protection of human health and the
environment, the Agency has evaluated
the potential impacts!full Subtitle C
regulation with reaped to both
administrative and technical
considerations. As a result of this
evaluation, the Agency is today
proposing standards for 100-1000Tcg/ono
generators. A detailed discussion of
these standards is presented in PartH of
this package. This section merely sets
forth the general rationale for EPA"s
approach in developing such standards.
1. Admuvstfative Slandards. The
Subtitle C regulations impose
administrative requirements on
generators of hazardous wastes which
include various recordkeeping and.
reporting requirements- in determining
whether or not administrative
requirements should be varied for 100-
1000 kg/mo generators, the Agency first
evaluated the impact of imposing fuH
Subtitle C requirements on these
generators. As suggested previously;
Congress anticipated varying* standards
for these generators as a means-of
reducing impacts. In particular, the
legislative history-provides strong
support for a minimization of reporting
and recordkeEping'reqiurenierrts'm.'ordBr
to relieve the administrative burden OH
this class of generators. Therefore, -flie: •
Agency believes thai it is in keeping
*vith the legislative history to provide
administrative relief for-these
generators.
The Agency next analyzed whether
protection of hnman-health and the
environment wouldbeassuredsf
administrative relief were -accorifetl
these generators. As a general matter.
the Agency beKeves feat tfeese-
adminislrative requirements, whole
environmentally ^ifriificaiit, deTiot
always constitute Iheessenceol various
environmental requirementa. For
example, while romidtrip-maniFesfing of
hazardous waste is important, a 'key
purpose of the manifesting requirements
is to ensure.that the wastes are-sent to
Ihe proper treatment, storage -or -disposal
facility. Today's -proposed rulemakhig
does not change that duty. Only .the.
"round-trip" .nature tof the manifest f
hazardous waste {in.a relative sense}
because 'the amount tof •wastes wi«db
could be accumulated -would 'necessarily
be limited. Therefore, the'.relative risk
from releases
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Federal Register / Vbt 50, N& 14» /' Thursday, August 1, 1985 / Proposed Rules
31287
these amendments would: generally
require that hazardous waste tanks be
equipped with * secondary containment
system to contain releases of hazardous:,
waste that pose a threat to human-
health and the environment Thia
section discusser the impacts- which.
those proposed amendments could have-
on generators of HXMOOO kg/mo that •
manage hazardous waste in tanks, if the
tank amendments are finalized,
1. Short-TermAccumulation-
As discussed in detail- in Part H of .
today's preamble»EPA is proposing to
subject generators of 100^-1000 kg/mo td'.
most of the existing.Part 282 standard*
applicable to larger generators, with; the-
exception of certain manifest and
recordkeeping and reporting,
requirements. Among the standards
which EPA is-proposing to apply to 100-
1000 kg/mo generators are the ;
requiremenfs of § 262.34 applicable to
generators that accumulate hazardous
waste on-site prior to off-site shipment
Today's" proposal would extend tfia :"
period of on-site accumulation from the
current 9(1 days to 180 (or 270J days/or,;...
100-1000 kg/ino generators- without tfie :
requirement to obtain a RCRA permit in"
accordance witfi the.HSWA of 1984; In I";
addition, the Agency is today proposing;"
to modify forthese generators the"" \'T ''-
requirements for contingency, plans' aruf
personnel training {contained in Subparf
D of Part 285lamff 265-.16). However.V "]
the Agency, iff proposing to apply t6e~ • ''
existing requirements for preparedness;"'
and prevention (contained in Sufjparf C'f
of Part 285); for sttirage irr contaniers- ": J
(contained'm1 Sbfiparf tof PaTt265f, as
well as the ex/s///7g-requiremeD.ts for ""
storage in tanks (contained" in SuBpart f
of Part.285); (See-Par* H Section im.2,
of today's prearabFe.y ••
EPA has initially concluded ffiat tfae-
existing Subparf-Jrequirements for
accumulation-in-tahksare-those ~ •-'-'.'
necessary to protect human healtlFand^"'
the environment from wastes stored by
these generators! However, the Agency* '
has not yet determined whether the- ; "
proposed amendments to Subpart fof
Part 285 reqinring secondary*-^ - -
containment for snort term atxaranlatkHi
tanks should alsa be applied ox . ,.
generatorsol 100-1000 kg/mo since the.
Agency has not yet completed am
assessmentof the potential risks? winds-
such accumulation:tariks;may pose..
Pending the-completion of such: a risk
assessment for thea&generatorst.thet-. -.-
Agency, is not proposing, the- application;.
of the secondary'containment.
requirement to these generators,
particularly in light of the significant'' ."
impacts which such a requirement, could.
have on generators of 100-1800 kg/mov
The^ Agency estimates that these tank
amendments; if finalized as proposed
and applied to the'accumulation tanks
of 100-1000 kg/mo generators, could
impose additional aiinualized
. compliance costs of from $27 million to
$26 millions
- .While the proposed amendments to
Subpart J of Part 265 would impose
secondary containment requirements
upon generators accumulating
hazardous waste, in: tanks, the Agency
also invited comment on several other
options, that would tailor standards to •
risks posed by different-wastes and'
environments. The Agency wilt also
consider, the application of those options
talOOvloOO kg/ma generators.
Today, the Ageney is not proposing to
apply the secondary containment
requirement to 180 (or 270) day
accumulation tanks operated by 100-
. 1000 kg/mo generators. However, if
• secondary containment is chosen for
Subpart I of Part 265, the Agency will
consider; and is requesting public
comment on, four options for applying
those amendments to 100-1000 kg/mo
generators. The first option is a
conditional exemption from secondary
containment for generators of 100-1000
kg/mo who store relatively small
amount* of waste for less than the-
statutorily exempted period of 180 (or
270) days. This exemption would be
available under conditions that restrict
both the amount of waste stored and the
duration of storage. Further; the
exemption could be withdrawn at the
discretion of the Regional Administrator
in situations-that were known; to pose, an
unacceptahfe risk torhuman. health and
the environment The-Agency solicits:
comment" onitne construction of such an:
' exemption, both in terms of what
constitutes a safe level; of storage and a
safe storage-duiatioB forlOO-1000 kg/
mo ff^nfi?9T^Fff»- .••"•• •,' "^
A second; option die Agency is-
considering: would require secondary
containment for 180r (or 270) day
accumulation tanks only for new tanks
' and- those existing-1 tanks that have been;
determined to be leaking, based on
'application of: a.leak detection scheme.
A third option would require
secondary containment for all tanks:
operated by 100-1000 kg/mo generators,
regardless of quantity stored-or duration;
of storage. Such-an option would be
selecteo5only if the results of the :*
Agency's^risfe assessment indicated* that
the potential risk reduction would justify
imposing secondary containment for all
tanks in order to protect human health
and the environment.
The final option the Agency is
considering would simply, delay the
effective date of secondary containment-
requirements as applied to 180 (or 270)
day accumulation tanks operated by
100-1000 kg/mo generators. Such an
option could be applied to only new or .
leaking tanks, as discussed in the
second option, above, or to all tanks of
100-1000 kg/mo generators.
Based on the results of the risks
assessment now being conducted for
100-1000 kg/mo generator tanks and the
comments received on both the Subpart
J proposal and today's proposed rules
for 100-1000 kg/mo generators, EPA will
make a final determination on the
application of secondary containment
requirements to generators of 100-1000
kg/mo that accumulate waste on-site for
up to 180 (or 270) days. However, at this
time, EPA is proposing that only the
existing Subpart J requirements for
storage in tanks would apply to these
generators. The Agency will determine,
based upon comment, what rules are
appropriate for 100-1000 kg/ma
generators who accumulate in tanks
when it publishes this rule in final form,
unless this-final rulemaking occurs prior
to the final rulemaking which amends
Subpart J of Part 265. Should this occur,
the Agency will address accumulation in
tanks by 100-1000 kg/mo generators in
the final Subpart J rulemaking. For this
reason, ,the Agency encourages the
submission of comments addressing.
secondary containment requirements in
response to both today's proposal and
the proposed amendments to Subpart J.
2. Storage Tanks Subject to Permit
Requirements
Under today's proposal, generators of
100-1000 kg/mo that store hazardous!
waste hi tanks for longer than 180 (or
270) days would be subject to full
regulation under Farts 264 and 265 of the
hazardous waste regulations as a
hazardous waste facility. As discussed
in Part n,. Section-IV. A: of this preamble,
the Agency sees no basis for
distinguishing these generators from'
other hazardous waste facilities. Since
such generators would be considered
hazardous waste facilities under today's-
proposal and subject to the interim
status standards of Part 265 and the
permitting standards of Part 264, the
secondary containment requirements fop
tanks, if finalized, would apply to such
facilities; The Agency estimates that the
application of the proposed secondary-
containment requirement (as well as the
other proposed Subpart} technical
amendments) to storage tanks of 100-
1000 kg/ino generators that would
require a permit under today's proposal
could impose estimated additional
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31288 Federal Register / VoK 50. No. 148 / Thursday, August 1. 1985 / Proposed Rules
onnualized compliance costs on these
generators of $11 million.
Part II-—Detailed Discussion of Proposed
Regulations for Generators of 100-1000 .
kg/mo of Hazardous Waste
/. Applicability and Scope of Today's
Proposal
This section addresses the'scope'of
today's proposed rulemaking with
respect to those generators covered by
the proposed rule as well as those who
are not affected by today's action and '
discusses those materials and practices
which are subject to regulation and
those which are not
A. Proposed Redefinition of Small
Quantity Generator—§ 261.5
EPA is today proposing to amend 40
CFR § 261.5 to redefine a small quantity
generator as a generator that produces
no more than specified quantities of
acutely hazardous waste and no more
than 100 kg of hazardous waste hi a
calendar month. By removing them from
the § 261.5 exemption for small quantity
generators, 100-1000 kg/mo generators
would, instead, be subject to Parts 262'—
265, and 270 and 124 of the hazardous
waste regulatory program.8 However,«
EPA is proposing specific amendments '
to Part 262 that would relieve 100r-100O
kg/mo generators from some of tfie
administrative burden of complying with
the hazardous waste regulations. The
specific exemptions from Part 262 which
would be applicable to 100-1000 kg/mo
generators are discussed in detail in this-.
Part of the preamble and wilLbe
specified In the regulatory language.
The term "small quantity generator"
has, to date, referred to those generators
who have been exempt from most of the •
hazardous waste regulatory program
(i.e., those generating less, than 1000 kg/
mo of non-acutely hazardous waste and
those generating less than specified
quanlities of acutely hazardous waste).
Since generators of 100-1000 kg/mo, of
hazardous waste would be subject . •
under today's proposal to most of the
hazardous waste regulatory program,
the Agency believes that continuing to *
call such generators small quantity*
generators will result in substantial-'
confusion as to the requirements that . -
apply to the various classes of
generator. ;-,.. ... .
The proposed redefinition of "small.
quantity generator" would, therefore,
result In there being two classes of large
* Generalora ofhazardous waete in quantities
greater than 100 kg but leu than 1000 kg in a
calendar month who do not qualify for the 180 or
270 day exemption will be required to comply*with
the full set of facility standards in Parts 284 and 285.
to tho extent that those standard* apply. -
quantity generator (i.e., those generating
above 1000 kg/mo and those generating
between 100 and 1000 kg/mo of
hazardous waste), and two .classes of
small quantity generator i.e., those
generating less than 100 kg/mo of non-
acutely hazardous waste and those
generating specific quantities of acutely -
hazardous waste).
EPA is also proposing a clarifying
amendment to § 261.5(c) to help reduce
the confusion over what wastes are and
are not counted hi making quantity
determinations for purposes of § 261.5.
Section 281.5(c) currently states that in
determining the quantity of hazardous
waste he generates, a generator need
not include those hazardous wastes that
are recycled and exempted from
regulation. However,.the Agency
believes that all hazardous wastes that
are exempt from regulation should not
be included in the quantity
determinations. This principle has been
in effect for recycled hazardous waste
since May 19,1980 (see 45 FR 33084-
33133), and there is no basis for limiting
the principle to recycling situations. An
interpretation limited to recycling
situations could lead to a circumstance
where someone generating hazardous
waste which is completely exempt from
regulation, would still be a large quantity
generator; such an outcome does not
make sense. We are, therefore,
proposing to amend $ 261.5(c) to make it
clear that all hazardous waste that is
excluded or exempted from regulation
need not-be included in the quality
determinations. -',•-.'* ' • - :
* In addition, there may be situations
where generators are exempt from the
substantive requirements (i.e.,
manifesting or storage or accumulation)
but are still subject to minimal
regulation (e.g., hazardous waste
determination and notification). We
believe that in these situations, the
quantity of hazardous waste generated
also need not be included in the quantity
determination to avoid the same-
circumstances'discussed in the
preceding paragraph. Therefore, we are '
proposing to add a sentence to !k281.5(c)
which would indicate that any-
hazardous waste that is exempted from
regulation under 40 CFR Part 263,264,
26? or 262.34 and the consequent
permitting requirements-need not be
included in the quantity determination.
This provision would eliminate counting
of wastes exempted from regulation
[see, e.g., § 261.4, or § 264.1(g) (2), (4), (5)
and (6)). This provision also would
eliminate, among other things, the
multiple counting of wastes which are
reclaimed and then reused many times
during the calendar month provided the
material is not stored or accumulated
before being reclaimed. For example,
under today's proposed amendment,
generators would need count the
quantity of a spent solvent only if it
becomes subject to substantive
regulatory requirements.
B. Generators of Acutely Hazardous
Waste
The HSWA explicitly states that the
requirements applicable to generators of
acutely hazardous waste (i.e., those
wastes listed in § 261.33(e)) are not
affected by the HSWA amendments.
(Section 3001(d)(7)). Thus, today's
regulatory amendments will not alter
those requirements applicable to
generators of acutely hazardous wastes
and these generators will remain subject
to the exclusion limits contained in
§ 261.5(e).
C. Generators of Non-Acutely
Hazardous Waste in Quantities Less
Than 100 kg/mo.
The HSWA gives EPA authority to
promulgate regulations for generators of
. less than 100 kg of hazardous waste per
month if the Administrator determines
that such standards are necessary to
protect human health and the
environment. However, the Agency is
not required to promulgate such •
regulations. The Agency is not proposing
to further extend coverage of the
hazardous waste program to this class
of hazardous waste generator at this
time, beyond the minimal requirements
currently in effect for two reasons.
First, the Agency has no data to • •
indicate that regulation of generators of
• less than 100 kg/mo of non-acutely
hazardous waste will provide any
' significant additional level of
environmental protection. Generators of
less than 100 kg/mo of hazardous waste
account for only 20% of the wastes
generated by small quantity generators
and less than .07 percent of the total
quantity of hazardous waste generated
nationally. A review of damage cases- ..
also indicates that very few incidents •. •
involved quantities below 100 kg.
Second, if full Subtitle C regulation
were extended to generators of less than
100 kg of hazardous waste in a calendar
month, as many as 455,000 additional
establishments could be brought into the
regulatory system.9 Implementation of
even minimal regulation on a population
of this size would seriously weaken the
Agency's efforts to permit existing
• See Abt Associates Inc.. National Small
Quantity Hazardous Waste Generator Survey:
February 23.1985.
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Federal Register / VoL 50;, Net l-4a / Thursday, August 1, 1985 / Propose* Rules
31289
hazardous waste management facilities
and enforce the existing regulations. •
D. Materiala-That Are Not Solid Wastes
Certain materials are specifically
excluded; under f. 2Kt.4{a) from being
considered solid" wastes and are fully
exempted from coverage under today's*
proposal since & material must first be a
solid, wastetaba considered hazardous
waste andr therefore, subject to
regulation, under Subtitle C-ofRGRA. Of
specific importance- to 100-1009 kg/ma
generators is-the exclusion for domestic
sewage, and any mixture of domestic
sewage and-' other waste* wm'eft passes
through as sewer system fb ^publicly
owned treatment work* [PQTW? for
treatment. Such sewage^is- not
considered" tor be a solid, waste,- and is,
therefore, exempt front regulation under
•Subtitle C of RCRA and regulated
instead under the Clean Water Act..10
The HSWA directs EPA, however, to
study the existing exemptfow under
RCRA for hazardouymateriatethat are--
mixed with demesne sewage- anoV'
discharged to a- POTWJ and Urreporf to-
Congress early uHSSB^Tfie0 Agency w
currently conducting- tnis study. and may
propose amendmenft-to-existihg-
requirements' under RGRft anoTCWA, if .
appropriate. ' .
• E. Requirement* for. Recyclable
Section 261.6; contains special
requirements* formateraals' tfiaf are-
recycled; In generaF; most materialar that
are recycled are subject to- regulation
under Parts 26? throngfr 28ft and- Parts
270 and 12* of the-hazardous' waste
regulations unless specifically excluded1
from' regularfon-undBr5i28r.8fa)(3J.
While the diversify of materials
generated and" recycling practices
utilized by lOO-tOOakg/ino generators
precludes a complete discussion of
which materials and practtces-are
exempted and which must.be
considered in the small quantity
generator calculation. two specific
materials— spent lead-acid batferies.
that are reclaimed" andused oit— merii •
some discussion.Because of tfie
prevalence of these materials-among,
generators of between 100" and 1000 Kg/'
mo of hazardous waste.
10 Waste diachargeitoa public wweraystanrii.
exempted from RCKA to avoid'duplicative
regnlation since such waster arr regulated under
the Clean WaterAct WWfirdigjxwal of hazardous-
wastes in this manner iff not s violation; of RCRA_
the general pretreatment: standard* under the-Clean
Water Act contained"in 40 CFR 403.5-prohibit the
introduction of wastes- into PGTTOr tharwoulif
interfere with the operation of tBe treatment plan*
or subsequent POTW slodge management: -
!:• Spent lead-Acid Batteries —
According to EPA's^ survey of small5
quantity generators,' spent lead-acid'
batteries, account fbrroughly 370,000"
metric tons a yearj-or SZpercent of the
hazardous waste generated by lOft-1000
kg/mo generators. The survey data: also
indicate that roughly 90 percent of these
batteries are reclaimed^
Under §• 261.6(a},.persons wh»
generate, transport, or. collect spent
batteries, or who- store spent batteries-
prior to recycling,, but do notrecyclethe
batteries themselves-, are not subject to-
regulation- under Parts- 262 through 26ft-
and Parts 270>andl24ror- the- notification
requirements of Section 3010-of RCRA*-
In addition, generators of spent lead-
acid batteries, that, are destined for
recy cling ,donof have to count the
weight of their, batteries- in. determining-,
if they, are excluded from regulation as a
smafl; quantity, generator under proposed
§ 26L5 or- if they are subject to-
regufation under Part 262-as a 100-1000;
kg/mo hazardous waste generator, (see
50 FK 665, January ^.lassi..11"
2. Used Off— Under tfie existing.
regulatory, scneme,.used'oil is not.
considered a hazardous waste unless, it
exhibits one of the cnaraef eristics of
hazardous wasfe^ usuaUjngnitability;.
Unless the oil Mas been- mixed, witfc
solvents or other ignitable materials, .ii
is unlikely tfiat used"ou* would: exhibit a
characteristic of hazardous waste-
Furtnennore, even if the oil does-exnifHt
a characteristic, the revised definition of
solid waste specificalTy excludes used", ~
oil from beihg.consideied.ih. tfie smatt
quantiQ: generator defernuhatien
providediiffs recycIed.fSee 50.FR 665}.
Thus, as is the case with lead-acid
batteries, 100-1000 kg/mo generators are
not required"'to count the. weight of any
used" oil' when determining. whether they
aresubjecfto the smaff quantity
generator exclusion, under proposed'
§ 261.5 or subject; instead, fa Part 26Z.as
a generator of lOtMOOCT kg/mo of
hazardous- waste".. '
II. Standards/of Generators of .
Hazardaua Waste; .
A (Jirerview-ofPart'282 Standards for
As.discussed. in Section LA. of this
partof therpreamb'Iei.EPA is- today
- " It should ttmoleti that whilertfair exemption:
may, significantly, impactths numbei of MW-MOQ Kg/
mo generators actually subject to regulation under:
tfie new RCRA amendments; used leadf acid".
battferia«.88nt off-sita fb» reclamation are stilf
subject to DOT rCTniiretaenticforpackaging;.
labeling, and shipping. In addition, some States
which regulate small quantity generators mure
stringently than EPA may require that-spent tea*
acid batteries be included in the small quantity.
generator calcolatfore..
proposing to subject hazardous waste
generators of 100-1000 kg/mo to the Fart
262 generator standards and to amend'a
number of those requirements to-
simplify the regulatory system for this
group of generator. Part 262 is divided
into five subpartsrSuhpart A, General;,
Subpart F; The Manifest; Subpart C, Pre-
Transport Requirements; Subpart D;
Recordkeepingand Reportingr and;
SubpartE, Special Conditions: This
section of the preamble discusses the
existing-Part 262 requirements in each of
the Subparts and'the Agency's proposals
with respect to whether the requirement
should be retained; modified, or waived
for 100-1000 Rg/mo generators; In many
cases, EPA has concluded that the-
existing requirement is both necessary
and appropriate for 10O-1000 kg/mcr.
generators and is not proposing any
modification.
The specific Part 262 requirements
which EPA/s proposing to amend" for
application to 100-1000 kg/mo-
generators are as followsr
• Section 262.20 (General Manifest
Requirements} woultfbe amended to-
exempt generators-of 100^-1000 kg/mo
from all manifest requirements if their
hazardous waste is reclaimed under'
contractual agreements whereby
ownership of the material does not
change hands and provided thsc
generator complies with specific:
recordkeeping requirements set forth'- in
this section;
* Section 282.22 (Number of Copies!
and 5 262.23= (Use of the Manifest) are
proposed to ber modified to require that
the 100VHMJO kg/mo generator use orriy a
single copy of the Uniform Hazardous
Waste Manifest and give the transporter
the-single copy. Generators o£lOO-1000T
kg/mo would be excluded from the-
requirement to retain one copy of the
manifest.
• Section 26Z.3Z (Marking} would be
modified to-exempt 100-lOOa kg/mo
generators from the, requirement to mark
containers with a Manifest Document
Number;1
• Section 262.34 (Accumulation Time)
is proposed to be amended^o extend the
period3 of on-site-storage allowed for
lOOr-lOGG kg/mo generators without the
need to obtain interim status or a RCRA
permit to 180-or 270 days fbrquantities
not to exceed eooe-kg. In addition,
§ 262.34 would be amended'to specify
the requirements' that would appfy to
such on-site-storage by these* generators:
• With the exception of records-
pertaining to hazardous- waste
determination-under f 282.40Cd], and die:
extension of retention periods under
§ 262.40(c), EPA is proposing to-exempt'
generators of 100-1000 kg/mo from-all of.
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31290
Federal Register / Vol. 50, No. 148 / Thursday, August 1, 1985 / Proposed Rules
Subpart D—Recordkeeping and
Reporting.
B. Part 262, Subpart A—General
Standards Applicable to 100-1000 kg/mo
Gnncrators
1. Purpose, Scope, and Applicability
(§262,10)—This section addresses the
general applicability of Part 262 to
hazardous waste generators. Since 100-
1000 kg/mo generators are no longer
excluded by § 261.5 from regulation
under Part 262, the requirements of this
section would apply to these generators.
No amendments to § 262.10 are being
proposed in today's notice.
2. Hazardous Waste Determination
f§ 262,11}—Currently, in order to qualify
for the existing small quantity generator
exclusion in § 261.5, a generator must
comply with § 261.11 to determine
whether or not it generates a hazardous
waste. This requirement is a crucial first
condition for any generator to know that
he is subject to the requirements of Part
262. In addition, the existing waste
determination requirements do not
require the generator to conduct
expensive tests to determine if it
generates a hazardous waste; instead,
he may apply other knowledge of the
material in order to make the necessary
determination. Since the potential for
widespread evasion of responsibilities
under RCRA would be,significant if
potential generators were not
responsible for determining whether
their wastes are hazardous, EPA sees no
reason to amend this requirement for
100-1000 kg/mo generators.
EPA recognizes that many 100-1000
kg/mo generators are likely to be
unaware that they generate hazardous
waste or have difficulty interpreting or
applying the criteria for determining
whether a waste is hazardous. The
Agency is developing an education '
program designed to assist these
generators in determining if they
generate a waste regulated under RCRA
and to help them understand the
requirements which apply to them.
3. EPA Identification Numbers
(§ 262.12}—Section. 262.12 currently -
applies to hazardous waste generators
not excluded under the small quantity
generator provisions of § 261.5 or
otherwise excluded under § 262.10.
Under this provision, a generator. (1)
May not treat, store, dispose of,
transport, or offer for transportation,
hazardous waste without receiving an.
EPA identification number; (2) may
obtain an EPA Identification Number by
applying to the Administrator on EPA
form 8700-12; and (3) may not offer his
hazardous waste to transporters or to
treatment, storage, or disposal facilities
that have not received an EPA
identification number.
Today's proposal would subject
generators of 100-1000 kg/mo to the
requirements of this section for several
reasons.
First, the EPA identification number •
allows the Agency to identify each
member of the regulated community and •
establish a centralized data base of
establishments subject to regulation
under the hazardous waste provisions of
RCRA. This data base is essential for
effective compliance monitoring and
enforcement, for characterizing the
regulated community for its own
analyses and in response to requests
from others, including the Congress, and
for making resource projects. The
assignment of a unique identification
number as an adjunct to names and
addresses is essential for the type of
automated filing and data processing
necessary to effectively manage any
large population.
Second, the Agency does not believe
that the requirement to obtain a U.S.
EPA Identification Number poses an
unreasonable burden for 100-1000 kg/
mo generators since it is a one time
requirement with associated costs
estimated at less than $40 per
establishment12 In fact, many of these
generators have already obtained an
EPA identification number and would
not be required to do. so again. Further,
in order to keep accurate records, it is'
likely that transporters, disposal
facilities, and many of the states will
require 100-1000 kg/mo generators to
obtain EPA identification numbers even
if EPA chose not to require such
numbers.
Finally, the requirement to offer
hazardous wastes only to treatment,'
storage, and disposal facilities with an
EPA identification number (taken along
with the requirements of § 262.20)
establishes the obligation, of generators
to ensure that their wastes are managed
in accordance with Subtitle C of RCRA.
In light of the predominantly small
business nature of 100-1000 kg/mo"
generators, EPA considered whether to
propose a simpler system for obtaining:
ID numbers for these generators. Among
the alternatives considered were: (1) A
simplified notification form which would
ask only for name, address, and
certification and not require the
identification of wastes generated by
that establishment, and (2) a system that
would allow an identification number to
be obtained over the telephone.
"Estimate updated from Economic Impact
Analysis of RCRA Interim Status Standards—
Volume II: Arthur D. Little: November 1981.
The Agency has concluded that the
first approach, a simplified form, would
not result in any significant savings for
these generators. The existing
notification form is a relatively simple
and easily completed form and the
Agency is not aware of instances where
generators have had difficulty
understanding or completing the form.
The only potential area of'confusion is
the requirement to list the wastes
generated by the establishment on the
reverse side of the form. Currently, any
hazardous waste generator is required
under § 262.11 to determine if his waste
is hazardous. The requirement to list
those wastes on the notification form
would not impose any significant
additional burden.
The second approach we considered
would allow these generators to obtain
a U.S. EPA Identification Number by
telephone. Administrative and technical
considerations forced us to reject this
approach. Lack of a verifiable record,
signed by the waste handler, would
yield a high potential for
misrepresentation or confusion,
resulting hi a single U.S. EPA
Identification Number assigned to
multiple facilities or one facility having
more than one U.S. EPA Identification
Number. '
While EPA believes that requiring
identification numbers from generators
of between 100 and 1000 kg of hazardous
waste in a calendar month is both
necessary and appropriate, the Agency
is requesting public comment on this
issue. Specifically, is a requirement to
obtain a U.S. EPA Identification Number
necessary to ensure-protection of human
health and the environment from the _
potential mismanagement of small
quantities of hazardous waste? Is the '
existing system of obtaining an
identification number appropriate for
these hazardous waste generators?
C. Part 262, Subpart B—The Manifest '
1. General Overview. Under today's
proposed redefinition of a small quantity
generator (See Part II, Section I.A.).
generators of 100-1000 kg/mo would be
subject to Part 262, including the
manifest provisions of Subpart B.
However, EPA is today proposing to
modify the manifest system currently
applicable to larger generators of
hazardous waste to exempt generators •
of 100-1000 kg/mo from the
requirements to prepare multiple copies
of the Uniform Hazardous Waste
Manifest (§ 262.22), retain a copy for the
generator's records (§ 262.23(a)(3)), and
provide multiple copies to the
transporter (§ 262.23(b)). In essence,
EPA is proposing to exempt generators
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federal Register /Vol. 50, No.148 '/ Thursday^ August 'l, 1985 / Propose^ Rules
31291
of 100-1000 kg/mo from the "roundtrip"
or "tracking" function of the manifest
(i.e., establishment of a paper trail for
• enforcement purposes) while preserving •
and expanding the notice functions of
the "single copy" manifest discussed
earlier.13 EPA has concluded that the
information contained on the manifest is
necessary to ensure that emergency
personnel and others handling the waste
during transportation and subsequent
management have sufficient information
to handle the waste safely. Under this
system, 100-1000 kg/mo generators
would be required to complete a single
copy of the manifest in its entirety (with.
the exception of the manifest document
number) and ensure that this manifest
accompany the waste when it is shipped
off-site. Section 261.5(h) currently
provides for a partial manifest system
for generators of 100-1000 kg/mo, as
required by HSWA section 3001(d)(3).
(See 50 FR 28702-28755, July 15,1985.)
Since generators of 100-1000 kg/ma
would be-subject to Part 262 under
today's proposed rulemaking, the . .'.'•
manifest requirements for these..
generators in § 261.5(h) would be •
deleted and 100-1000 kg/mo generators
would be subject to the applicable
requirements in Part 262* Subpart Bi. ;
The HSWA explicitly requires EPA to
study the existing manifest system as it
applies to small quantity generators and
recommend whether the current system
should be retained or whether a hew
system should be introduced, In;
addition, as noted earlier, the-legislative
history accompanying the HSWA makes
it clear that Congress believed that
small quantity generators are generally
smaller businesses and intended for the -
Agency to relieve these generators of as
much of the administrative burden of the
hazardous waste regulations as
possible, consistent with the Agency's
mandate to place protection of human
health and the environment above other
considerations.- ••- ' •• •"•••*•
Thus, a review of the entire manifest-
system, including the format of the
manifest that should ultimately apply to
generators of 100-1000 kg/mo, is being
conducted with the goal of reducing tile-
administrative burden on these •"•-.•;" "i "•
generators while assuring protection of*
human health and the environment. EPA
has concluded that imposition of the full
manifest system for generators of 100-
1000 kg/mo.is not warranted at thisr
time. The Agency believes that requiring
100-1000 kg/mo generators to obtain an
EPA identification number (§ 282.12), to
complete a copy of the manifest for all
"The manifest system now in effect for lOMOOa
kg/mo generators is described in Part I. Section
IV.C.1.
off-site shipments (§ 262.20), and
requiring facilities to retain copies of
each manifest they receive
(§ 265.71(a)(5)) creates a substantial
legal obligation that the waste be
managed at approved hazardous waste
management facilities and thus assures
protection of human health and the
environment. EPA does not believe that
this obligation would be significantly
enhanced by requiring the use and
distribution of multiple copies of the
manifest.
While the Agency is proposing to
reduce the manifest requirements for
generators of 100-1000 kg/mo by
eliminating the need for multiple copies,
we are requesting specific public
comment on the utility of the single copy
•manifest system being proposed today
for these generators. Specifically, will
the "single copy" manifest significantly
ease the burden on 100-1000 kg/mo
generators? Will this reduced burden
offset (1) The potential confusion that
separate manifest systems may cause;
and (2J the elimination of the tracking
function of the manifest for wastes from
100-1000 kg/mo generators?
A second manifest modification being
•proposed today would exempt 100-1000
kg/mo generators from all of the
requirements of Part 262, Subpart B with
respect to the manifest if the generator's
waste is reclaimed under a contractual
arrangement whereby the generator or
the reclaimer retains ownership of the
material at all times and provided
specific recordkeeping requirements are
fulfilled,
2. Proposed Amendments to Subpart
B—The Manifest—a. Proposed Manifest
Exemption for Certain 100-1000 kg/mo
Generators. EPA is today proposing to
exempt certain 100-1000 kg/mo
generators from all of the Part 262,
Subpart B manifest requirements under
the following conditions:
1. The generators must have a written .
reclamation agreement with a recycling
facility to collect and reclaim a specified
waste and to deliver regenerated
material back to the generator at a
specified frequency^
2. The vehicle used to transport the
wasteio the recycling facility and to
deliver regenerated material back to the
generator must be owned and operated
by the reclaimer of the waste;
3. Either the generator or the reclaimer
must retain title to the material at all' .
times; and
4. The generator and transporter/
reclaimer must comply with specific
recordkeeping requirements.
It is the Agency's belief that wastes
transported and reclaimed according to
the above requirements satisfy the
intent of the "single copy" manifest as
described in today's proposal. As
mentioned earlier. Congress intended
the manifest system proposed for
generators of 100-1000 kg/mo of ;
hazardous waste primarily as a
notification to subsequent handlers that
the waste is hazardous. To the extent
that all subsequent handlers of the
waste are owned and operated by a
single company and this company either
owns the material or has been made
aware of its nature through a
contractual agreement, no additional
notification appears necessary.
Furthermore, such materials will
continue to be subject to DOT shipping
paper requirements which would
provide necessary information to
emergency personnel, should the need
arise.
In addition, because ownership of the
material does not change hands,
reclamation agreements organized in the
above fashion satisfy the Agency's
concern that materials will be tracked
properly and safely from the generator
to the reclaimer since the owner of the
material has a vested interest in
ensuring that the material is managed
properly. The existence of a contractual
agreement also serves as a strong . ,
incentive for safe management because
nonconforming shipments would
constitute a breach of contract.
EPA has concluded that this type of
recycling operation is environmentally
desirable (this type of arrangement was
complimented during the House of
Representatives debate on H.R. 6307 for
providing environmental safeguards; 128
Cong. Rec. H. 6740, daily ed. September
8,1982) and the use of the manifest as a
notification device would impose
additional requirements on this segment
of the regulated community without any
corresponding benefits.
EPA is, therefore, proposing to amend
§ 262.20 by adding a new paragraph (e)
to exempt from the manifest
requirements of Part 262, Subpart B
wastes produced by 100-1000 kg/mo
generators if the generator meets the •
previous criteria, provided that:
1. A copy of the reclamation
agreement is kept in the files of both the
reclaimer and the generator;
2. The reclaimer /transporter records
. (for example, on a log or shipping
document) the following information
(which would be required of
transporters in a proposed amendment
to § 263.20):
• The name, address and EPA
identification number of the generator;
• The quantity of waste accepted;
• All DOT required shipping
information;
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,31292 Federal Register / Vol. 50, No. 148 / Thursday,"August H, 1985 / Proposed Rules
* The date the waste is accepted.
3. The above record accompanies the
waste as it is shipped,frora generator to
recycling facility: and
4. The reclaimer/transporter keeps
these records for at least three years.
EPA requests comment on this
proposed exemptiondEmm ths manifest
requirements. In addition, the Agency is
interested in comments concerning other
situations in which the "notice" function
of the single copy manifest may be
unnecessary or where a simplified
manifest form .may %x more appropriate.
b. Proposed Amendment to §262.20—
General Requirements. Section 28Z20(a)
requires a generator to prepare a
manifest (EPA. form 8700-22) according
to the instructions included in the
Appendix to 40 CER Part 282 before
transporting, or offering for
transportation, hazardous waste. EPA is
today proposing to amend § 282.20 to
eliminate the manifest document
number from the required manifest
information for 100-1000 kg/mo
generators. Since the manifest document
number is intended to allow the multiple
copies of a single manifest to be
compared for tracking and
recordkeeping purposes, it wiH hot serve
any specific purpose "tifof ftio.nmnifpat
system being proposed today foe
generators of IQO-lOOOTig/mo-
Under today's rulemakLng. 100-1000 '
kg/mo generators-wouldbe required .to
comply with all other manifest
information requirements. Many of these
requirements are already required for,
these generators under .the manifest
system now required 'by the statute, as
well as by DOT requirements, with t&e ._
exception of complete idenCScaSonof
the generator, transporter and facility."'
including EPA identification numbers.
(See Part I, Section IY.C.1.) EPA is today
requiring 100-1000 kg/mo generators to
use EPA identification numbers on the
manifest form since -snclrnnnrberB-will
serve to demonstrate that-ftese
generators have:|l} Complied wife the
requirement to obtain an EPA
identification number andiiroffeE-tneir
wastes only to transporters and
facilities that have -also received an EPA
identification number [f 282:12]; and, (2)
have complied with the requirement 1e
ship their waste only to facilities1
authorized to manage that waste-
(§282,20). . -:.-'.
The generator must designate at least
one facility permitted to handle'bis
waste and may designate an alternate
facility if an emergency prevents-the -
transporter from delivering the-waste to
the originally designated facility • •
(§ 262.20 (b) & (c)). Klhe transporter is
unable to deliver the waste to either the
designated facility or the alternate
facility, the-generator must either
specify another facility or instruct the .
transporter to return the waste to the
generatorfl 262.20(dJ).
As discussed in thB background
sectioncf today's proposal. Congress
specified in the HSWA thai, at a
minimum, ERA must require that all
wastes from 100-1000 kg/mo generators
be managed at a Subtitle C hazardous
waste facility with interim status or a
permit under Section 3005 of RCRA.
Under the existing regulatory scheme.
generators that do not manage then-
wastes on-site.are required, by virtue of
the general requirements for use of the
manifest, to send their wastes only to
Subtitle C facilities authorized to handle
their wastes (§ 282.20(b}). By subjecting
generators-ef 100-1000 kg/mo to Part 262
and removing them from the small
quantity generator exclusion contained
in § 261.5, these generators would, as.a
result .of today's proposal, become
subject to the -requirement to send their
wastes only to a facility authorized to
manage that waste. Thus, the general
requirements for use of the manifest
embody the statutory requirement that
wastes from small quantity generators
producing more than 100 kg but less
than 1000 kg in a calendar month
manage their wastes at .Subtitle C .
facilities^.. ,. . - • .
c. Acquisition afManifests—§26231.
This section, describes, the hierarchy for
obtaining copies of the manifest form
which currently applies to hazardous
waste generators. If the State to which
the shipment of waste is destined
supplies a copy of the manifest and
requires its use, the generator must use
that manifest form.1 If the .consignment
State does not supply the manifest, but
the State 'in wnich the generator Is
located supplies the manifest and
requires its use, then the generator must'
use that State's manifest If neither the
generating State nor the destination
State suppHestheTnanuest, the • •
generator-may obtain and use a
manifest fronrany source {e.g., a
transports!' ur Tauilily}.'
In developing its hazardous-waste
program, EPA gave .great weight -to
RCRAVemphasisun the role of the
States hi implementing the hazardous
waste program. Both Sections 3006'and
3009 recognize fhe right «f the Slates to
impose requirements more stringent
than the Federal Teqnirements. EPA
believes, therefore, that it is appropriate
to consider the States' interest in
designing their-own airique procedures
beyond the Federal requirements when
establishing regulations. As a result, the.
Agency sees no reason to-aller tlie "
hierarchy for obtaining the appropriate
form since some existing State
requirements mandating use of the
manifest by their small quantity
generators may be more stringent than
EPA's proposed requirements and will, '
therefore, apply in those States.
d. Proposed Amendment to §262.22—
Number of Copies. This section states
that the manifest consists of at least the
number of copies which will provide the
generator, each transporter, and the
owner and operator of the designated
facility with one copy each for their
records and another copy to be returned
to the generator.
Today's proposal would exempt 100-
1000 kg/mo generators from the
requirement to use a multiple-copy
manifest."However, the designated
facility would be required to retain in its
files the'single copy manifest. (See
proposed amendments to § 284.71 and
§ 265.71—Use of Manifest.)
The purpose of tins proposed
amendment is to relieve 100-1000 kg/mo-
generators-of the additional paperwork
of having to prepare and manage
multiple copies of the manifest formv
The Agency requests public comment on
the degree of administrative relief that
would be. achieved by this amendment
and the potential impacts of the "single
copy" manifest on existing hazardous
waste management practices and State
hazardous waste programs.
e. Proposed Amendments to §262.23—
Use of the Manifest. The requirements
for use of the manifest are being
substantially revised under today's
proposal for generators of 100-1000 kg/
mo. The existing system require* that
the generator sign the certification,
obtain the written signature of the.
transporter, retain one copy of the
manifest and give the remaining copies
to the transporter. Special .requirements
apply when the waste is being shipped
either by rail or water transport.
Since the Agency is proposing to
require the use of only a single copy
manifest for 10O-100O kg/mo generators,
this section, will be amended to only
require that these generators 1. sign the
manifest (5 262^3[a)(l};2. obtain the
signature of the transporter
(§ 262.23(a)(2}; and 3. ensure that it
accompanies .the waste shipment when
it leaves the establishment (§ 262.23(b}).
The Agency is proposing to modify
§ 282.23(al(3) to exempt 100-4000 kg/mo
generators from the requirement to
retain a copy of the manifest in their
files. ...
Because the Agency does not believe
that 100-1000 kg/mo generators utilize
transportation by rail or water, the
" Of course, a State may be more stringent and
require multiple copies oE the manifest
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31293
Agency is not proposing to amend the
special requirements for rail and water
shipments contained in §§ 262.23 (c) and
(d),
D. Part 282, Subpart C—Pre-Transport
Requirements
This section of 40 CFR Part 262
(§ § 262.30 thru 262.34) includes
requirements applicable to generators
prior to shipment of waste off-site for
treatment, storage, or disposal. The
requirements for packaging (§ 262.30),
labeling (§ 262.31), marking (§ 262.32),
and placarding (§ 262.33) incorporate by
reference DOT requirements [contained
in 49 CFR Parts 172,173,176, and 178)
under the Hazardous Materials
Transportation Act (HMTA) which must
be followed by all generators when
shipping hazardous wastes from the
point of generation. Congress
specifically stated in the HSWA that
DOT requirements were not affected by
the amendments and, as a result, EPA is
not generally proposing to amend these
requirements. For the reasons previously
discussed, EPA is proposing an
amendment to § 262.32 conforming to
the proposed § 262.20 amendment which
would relieve 100-1000 kg/mo
generators from the obligation to mark
each container with the Manifest
Document Number.
Section 262.34 contains the
requirements for generators that
accumulate waste on-site prior to
shipment off-site. Under | 262.34(a) a
generator may accumulate hazardous
waste on-site in tanks or containersIS in
any quantity for up to 90 days without
the need to have interim status or obtain
a storage permit under RCRA (or comply
with Part 264 or 265) provided the
generator complies with the limited
requirements of § 262.34. These
requirements specify that: (i) The date
upon which the period of accumulation
begins is clearly marked on the tank or
containerr (ii) the tank or container is
labeled with the words "Hazardous
Waste"; (iii) the generator complies with
SubpartsCandDof40CFRPart265 "
(Preparedness and Prevention and
Contingency Plan and Emergency
Procedures, respectively); and (iv) the
generator complies with Subpart I of 40
CFR Part 265 if the waste is placed in
containers or with Subpart J of 40 CFR
Part 265 if the waste is placed in tanks,
" A generator who accumulates waste in surface
impoundments or waste piles must comply with the
full set of facility standards under Parts 264 and 265-
rather than the limited requirements of § 282.34.
Surface impoundments and waste piles, because
they are unenclosed, tend to pose greater risks to
the surrounding environment and are, therefore.
subject to more rigorous operating and closure
requirements.
and he complies with the personnel
' training requirements of §'-265.16.IS
Section 3001(d)(6) directs EPA, in
developing its regulations for 100-1000
kg/mo generators, to allow them to store
hazardous waste on-site without the
need for interim status or a RCRA •
permit for up to 180 days. In addition,
EPA is directed to allow these
generators to store up to 6000 kg of .
hazardous waste for a period of 270
days without the need for interim status
or a permit if the generator must ship or
haul his waste greater than 200 miles.
EPA is today proposing to amend
§ 262.34 to allow for such on-site
accumulation in tanks and containers by
100-1000 kg/mo generators for up to 180
days (or 270 days for long-distance
transport) without the need to obtain
interim status or a RCRA permit, in
accordance with section 3001(d)(6) of
the HSWA, provided they comply with
the requirements of § 262.34.
Although the statutory language does
not specifically limit accumulation that
is exempt from permitting requirements
to tanks and containers for these 100^-
1000 kg/mo generators, the legislative
history accompanying the HSWA
indicates that Congress intended this
provision as an extension of the existing
90-day accumulator exemption currently
applicable to large quantity generators.
The legislative history states:
. . . The biU explicitly modifies the
administrative'and managerial requirements
for those generators prior to the actual
disposal or treatment of the wastes. . . . For
example, the maximum storage period for
smaller generators is extended to 180 days
from 90. This means that smaller generators
would only be required to dispose of their
waste twice a year, but that it be done
properly. 221 Cong. Rec. H. 6761, September
8,1982.
Since Congress based this provision
on the existing exemption for 90 day
accumulators contained in § 262.34 hi
order to allow smaller generators to
accumulate mere economical shipments
of hazardous wastet EPA is hot
proposing to modify the existing
limitation of this exemption to storage in
tanks and containers.
EPA is proposing to modify certain of
the requirements for such on-site
accumulation by 100-1000 kg/mo
generators hi order to simplify the
requirements for contingency plans and
emergency procedures, and personnel
training (contained hi Part 265, Subpart
D, and § 265.16). These proposed
"The provisions of the recently published
"satellite accumulation rule" will apply to those
10O-1000 kg/mo generators which accumulate
hazardous waste at more than one location at the
site of generation (see 49 FR 49568. December 20.
1984).
amendments to § 262.34 will be
contained in new paragraphs (d), (e),
and (f) specifying the particular
requirements applicable to on-site
accumulation by generators of 100-1000
kg/mo. No modifications are being
proposed to the standards for storage in
containers and tanks (Part 265, Subparts
I and J) or to the requirements for
preparedness and prevention contained
in Subpart C of Part 265. EPA believes
these standards to be appropriate and
necessary and not unduly burdensome.
As discussed in Part I, Section VI of
today's preamble, EPA has not fully
evaluated the appropriateness or the
burden of applying the proposed
secondary containment requirement to
these generators.
1. Time and Quantity Limitations. As
noted above. Congress specifically
established time limits for accumulation
of waste on-site by 100-1000 kg/mo
generators of 180 days if the waste is to
be transported less than 200 miles and
270 days if the waste is to be
transported greater than 200 miles.
While no specific quantity cutoff was .
established for 180 day accumulation in
the legislation, a de facto limitation of
6000 kg exists. (This is due to the fact
that a 100-1000 kg/mo generator could
produce no more than 6000 kg in a 180
day period without exceeding 1000 kg/
mo at least orice during that period, and
thus become fully regulated under Part
262 instead of under the modified
standards being proposed today for 100-
1000 kg/mo generators.),
With respect to storage for 270 days in
cases where the generator must ship his
waste greater than 200 miles, EPA'
considered establishing specific criteria
that would have to be met in order for a
generator to store waste for greater than
180 days. Such criteria would have
required a generator to demonstrate that
there was no facility that would accept
his waste within 200 miles. However,
the Agency is concerned that there are a
number of situations in which shipment
to a facility greater than 200 miles from
the generation site may be preferable,
even though a facility permitted to
accept the waste is located less than 200
miles from the generator. For example,
the Agency can foresee situations where
the closest disposal facility is located
within 200 miles, while a recycling
facility which can recycle the waste is
. located just beyond the 200 mile limit.
Unless substantial flexibility were built
into the rule, the genera tor. would be
forced to employ the less desirable, and
perhaps more costly, alternative (i.e.,
disposal). Other factors, such as
availability of transportation and
disposal charges by commercial
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31294
Federal Register / Vol. 50, No. 148 / Thursday, August 1. 1985 / Proposed Rules
facilities could also influence which
f.:£i!lty would be most appropriate.
EPA Has decided not to propose
••rseiftc criteria for allowing .storage on-
•»ite for up to 270 days for two reasons.
f-'-'fsS, the maximum quantity that would
bo dtitaimulated is no different whether
u is nn-site for 180 days or 270 days [i.e.,
uHX) kg] and thus, the Agency sees no
!i;'ft-rence in risk to human health or the
»~\ .ronment. Second, EPA believes that
tr. -r.ost cases, market forces will dictate
•ml 100-tOOO kg/mo generators send
•j-r r wastes to the closest facility and
that those shipping their waste greater
shun 200 miles will have good reason to
.!« so. In addition, as discussed below,
'HI site storage by these generators will
':u subject to certain § 262.34
""nu'.raments which minimize the
p. ^s.bJlity of releases to the
••uironment. Accordingly, the Agency is
uch generators storing for greater than
! SO days, but less than 270 days- •
Finally, today's proposal would apply
;he existing provisions of § 262.34(b)
requiring compliance wfth.Parts 264,285,
«md 270 to 100-1000'kg/mo generators
that exceed the time limitations in
proposed § 262.34[dJ and (e). These
tpqtssrements, as they-would apply to
lt.O-1000 kg/mo generators, are
..ununned in proposed § 262.34(fJ. Also
t "eluded in § 262.34® is a provision
«"»tri ently applicable to 90 day
ircimulators which provides for a 30
• «.V extension of the allowed storage
wriod at the discreBbn of the Regional
\:lministrator where he determines that
« th an extension is approprate due to
••'.•nporary, unforeseen, and
."icontrollafale-circnmstances. EPA
Sieves that the inclusion of-this-
provision for a 30 day extension-of the "
U'O day or 270 clay storage limitation for
HiO-lOOO kg/mo generators is both-
iircessary and appropriate to account
tur similar unforeseen circumstances. •
2. Slandardffor&n-site
It t itiruhUon—§ 262.34. While
Congress specifically required that EPA
«il!ow 100-1000 kg/mo generators to-
•iJote waste on-site for 180 [or 270) days;
tw reference was made in the legislation
regarding what-standards, if any, should
be applied to that-waste while ft is being
accumulated. (SmaU quantity generators
u re currently allowed to store their ;
waste on-site indefinitely, provided they
do not exceed lOOO.kg. If at any time the
1000 kg accumulation limit is exceeded,
a small quantity generator immediately
becomes subject to the, accumulation
time requirements and standards (40
CFR 262.34} applicable to generators of
greater than 1000 kg/mo.] However,
Congress directed EPA to promulgate
standards necessary to ensure
protection of human health and the
environment from wastes from
generators of 100-1000 kg/mo and to
consider the impacts on small
businesses in establishing those
standards. In addition, the legislative
history accompanying the HSWA states:
In providing for on-site storage for up to
180 days, EPA may prescribe design or
operating standards as necessary to protect
human health and the environment. (House
Report at 26)
Under the proposed redefinition of a
small quantity generator (Section LA of
this Part of the preamble), these 100-
1000 kg/mo generators would be subject
to all of Part 262, including the
standards contained in S 262.34. Because
of the increased quantities of hazardous
waste which 100-1000 kg/mo generators
may store on-site (/.e., up to 6000 kg),
EPA believes that the regulation of such
on-site accumulation by these
generators is necessary to protect public
health «nd die environment from
potential leaks or spills. However,
because of the 6060 kg accumulation
"cap" on these genera.tors.and the fact
that they are generally smaller
businesses with lesser administrative
and financial capability, EPA is
proposing certain modifications to the
exisfing storage standards with respect
to the contingency planning and
emergency procedure requirements of
Subpart D of Part 265 and the personnel
training-requirements in § 265.16. The
§ 262.34, standards which the Agency is
proposing to apply to 100-1000 kg/mo
generators that store hazardous waste
on-site for up to 1BO for 270 days) are
discussed below.
a. Standards for Storage in
Containers—Part 265, SubpartT. Section
262.34 requires that in order to
accumulate hazardous waste on-site
without a permit, the generator must
meet certain requirements. If the waste
is stored'in containers, the generator
must comply with Subpart I of Part 265
(§§ 26£1701hru 285.177) which contains
the following general requirements
applicable to the management of
hazardous waste storage containers:
• They must be kept in good condition
and any leaking containers replaced
(§ 265.171);
• The container must be compatible
with the hazardous waste stored in them
(§ 265.172);
• Containers holding hazardous
waste must always be closed during
storage (except when necessary to add
or remove wastes) and must not be
handled in a way that would cause them
to rupture or leak (§ 265.173);
• Containers must be inspected at
least weekly to check for leaks and any ,
signs of corrosion (§ 265.174);
• Containers holding ignitable or
reactive wastes must be placed at least
50 feet from the facility's property line
(§265.176); "and
• Incompatible wastes must not be
placed in the same container so as to
cause fires, leaks, or other discharge of
hazardous waste or hazardous waste
constituents (§§265.177 and 265.17(b)).
In addition, | 262.34(a)(2) requires that
the date upon which each period of
storage begins is clearly marked on each
container and § 262.34(a)(3) requires
that each container be marked with the
words "Hazardous Waste".
Since these requirements and the
requirements of Subpart I embody
common sense "good housekeeping"
requirements which are necessary to
avoid releases into the environment,
EPA has concluded that no modification
to these standards should be proposed
for 100-1000 kg/mo generators.
Consequently, the requirements of
Subpart I of Part 265 will be
incorporated by reference into proposed
§ 262.34(c).
b. Standards for On-site
Accumulation in Tanks—Part 265,
Subpart J, As in Subpart I, this subpart
contains general standards that must.be
followed by generators storing
hazardous waste in tanks1 under
§ 262.34:
• Wastes must not be placed in tanks
if they could cause ruptures, leaks,
corrosion, or otherwise cause the tank to
fail (§ 265.192(b)k
• Uncovered tanks must be operated
with at least 60 centimeters (2 feet) of
freeboard or a secondary containment
dike or trench to prevent overfilling
spillage (§ 265.192(c));
• Where waste is continuously fed
into a tank, the tank must be equipped
with a waste feed outoff or bypass
system to stop the inflow to the tank
(§ 265-192(d)).
• At least once each operating day, a
generator must inspect, where present,
discharge control equipment (e.g., waste
feed cut-off systems and drainage
systems), data gathered from monitoring
"On June 5,1984. EPA proposed to use the
National Fire Protection Association (NFPA) code
as a more flexible "buffer zone" requirement. (Sea
49 FR 43Z90.) We are considering comments
received and, if adopted, this more flexible
requirement would be applied.
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Federal Register / Vol. 50, No. 148 / Thursday, August 1, 1985 / Proposed Rules
31295
equipment (e.g., pressure'and
temperature gauges), and the level of
waste in the tank to assure compliance
with the above freeboard requirements
{§'265.194 (a)(l), [a)(2). and (a){31). '
• At least weekly, a generator must
further inspect the construction
materials of the tank and the area
immediately surrounding the tank to
detect corrosion or obvious signs of
leakage (§ 285.194 (a)(41 & Ca)(5J}.
• Special requirements apply to
ignitable or reactive waste, and
incompatible waste that are more or less
analogous to those hi Subpart L (The-
major difference is in the requirements •
for ignitable or reactive waste which,
when stored in a covered tank* must be-
in compliance with buffer zone-
requirements contained in Tables 2-1
through 2-8 of the National Fire
Protection Association's-"Flammable.
and Combustible Liquids Code!'. These
requirements are based on the .-
hazardous characteristics of all
combustible and flammable liquids and)
as such, are applicable to-any type and..
size of tank.]. ...
The requirements of Subpart} are
meant not only to protect human health:
and the environment, but are in the
generator's best interest in-reducing the
likelihood of damages or injuries caused
by leaks and spiUswThaAgency is not
proposing to modify these standards for
100-1000 kg/ma generators-The -
requirements of existing Subpart J of.
Part 265, would, therefore, be. , .
incorporated^'by reference in proposed
§262.34{d);, ..,.^
As discussed in Part L Section VI, of
today's preamble, the Agency ia
developing new- management standards
for tank storage that may require
secondary containment for
accumulation-tanksj These additional ,
tank requirements, if finalized,, could
impose, substantial additional costs on
generators of 100-1000 kg/mo who
accumulate hazardous waste in tanks, if
the amended Subpart J requirements -
were applied to 100-lOOOrkg/mo
generators. However, as-previously
discussed, the Agency ha* not yet
completed its evaluation-of this issue
and ia requesting specific public .
comment on the appropriateness of the,
secondary containment requirement foe
100-1000 kg/mo generators.
Accordingly, the-Agency, is. today-
proposing to apply only those Subpart £
requirements currently required under •
§262.34. ;_-; - v -,." '
c. Standards for Preparedness and
Prevention—Pait265j Subpart C. Under
§ 262.34(a), generators who accumulate?
hazardous waste on-site must comply
with the requirements of Subpart C of
Part 265 which contains requirements
for facility preparedness and prevention.
Section 265.31 requires that facilities
be maintained and operated to minimize
the possibility of fire, explosion, or any
unplanned release of hazardous waste
or hazardous waste constituents to the
environment-
Section 265.32 specifies that facilities
must be equipped with certain kinds of
equipment (I.e., an internal
communications or alarm system, a
telephone or other device capable of
summoning emergency assistance, and
appropriate fire control equipment
including-fire extinguishers and water at
adequate volume and pressure to supply
fire control systems) unless none of the
wastes handled at the facility could
require a particular kind of equipment
Section 265.33 requires that this
equipment be tested and maintained, as
necessary, to assure its proper
functioning.
Section 265.34 requires that all
persons, involved in hazardous waste
handling operations have immediate
access to either internal or external
alarm or communications equipment,
unless such a device is not required
under § 265.32-
Section 265.35 requires the owner or
operator of the facility to maintain
sufficient aisle space to allow the
unobstructed movement of personnel
and equipment to any area of facility
operation hi an emergency, unless aisle
space is not needed for any of these
purposes.
Finally,. § 265.37 requires the owner or
operator to attempt to make certain
arrangements with police, fire
departments,. State, emergency response
teams,,and hospitals, as appropriate for
the type of waste handled at his facility
and the potential need for the services
of these organizations. Further, if State
or local authorities decline to enter into
such arrangements, the owner or
operator must document the refusal.
The Agency is not proposing any
amendmenta to Subpart C for two
reasons. First, the requirements all
involve common sense principles for
preparedness and prevention which
hazardous waste handlers can and
should address in order to ensure safe
handling of hazardous wastes. Second.
because the requirements are structured
such that specific equipment and
procedures are required only on an as
needed basis, the existing regulation
provides flexibility for hazardous waste
generators to tailor their preparedness
and prevention activities, to the specific
kinds of wastes handled at the facility.
The Agency considered proposing a
set of more.specific but less numerous
requirements for 100-1000 kg/mo
generators that store waste on-site in
accordance with § 262.34 in order to
alleviate the potential uncertainty which
many establishments may have over
which preparedness and prevention
procedures would be appropriate for the
types of wastes handled at their facility.-
The Agency is interested in public
comment on this issue. Specifically, are
the existing Subpart C requirements the
least burdensome while being
sufficiently protective of human health
and the environment? Would
uncertainty as to the appropriate
equipment or procedure* result in less
protection than a few explicit
requirements (i.e., a requirement to
request an inspection by the fire
department and requirements to have
on-site a telephone or other
communications device, spill control
materials, and an appropriate number
and type of fire extinguishers to be
determined by the fire department), even
though these requirements may be more
burdensome than necessary for some
types of waste or generating
establishments?
d. Standards for Contingency Pfans
and Emergency Procedures—Part 265,
Subpart D, and Personnel Training
Requirements—§ 265.16, Under
§ 262.34(a), generators who accumulate
waste on-site must comply with certain
requirements" from Part 265, Subpart'D
pertaining to contingency plans and.
emergency procedures and personnel
training requirements contained in
§265.16.
These requirements are intended to
ensure that personnel are adequately
prepared to manage hazardous waste
and to respond to any emergencies that
are likely to arise. EPA considered
applying these same requirements to
100-1000 kg/mo generators since, for the
most part, the requirements embody
common sense principles that are
necessary and appropriate for facilities
managing hazardous waste. However.
we are concerned that in some cases
these requirements may be
unnecessarily burdensome (e.g.
requiring formal classroom training and
written, detailed contingency plans) and
costly (about $1000 per facility) and may
have unnecessarily severe impacts on
many small businesses. We have
concluded, therefore that a much
simpler set of requirements for
generators of 100-1000 kg/mo would be
adequately protective of human health
and the environment and the least
burdensome to-small businesses.
The requirements in proposed § 262.34
(c)(3) capture the essence of Subpart D
of Part 265 and § 265.16 but they are
administratively simplified (Le, tailored
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31296 ' Federal Register / Vol. 50, No. 148 / Thursday. August 1, 1985 / Proposed Rules
to smaller businesses) and are more
specific and so depend less on the
preparation of written plans. EPA is
proposing and seeking public comment'
on the following requirements.
• At all times, an "emergency
coordinator" (E.C.), I.e., someone
familiar with these requirements, must
be on-site (or on call). The coordinator
may also designate someone to act in
his place.
• Tha generator must post certain
information next to the telephone,
including: the name and telephone
number of the E.C.; location of fire
extinguishers and spill control material;
and the phone number of the fire
department;
* The generator must ensure that alL
employees are thoroughly familiar with
proper waste handling and emergency
procedures;
• The generator (or the E.C.) would
have to respond to any emergencies that
arise. In the case where an emergency
was serious enough to warrant a visit by
the fire department or when the
generator-(or E.C.) has knowledge of a
spill'of hazardous waste that could
reach surface water or otherwise
threaten human health or the
environment, the generator would have
to notify the National Response Center
and file a report with the EPA Regional
Administrator as provided by proposed
1262.34(c)(3)(EJ.
EPA believes these requirements are-
adequate to protect public health and
the environment from fifes, leaks-, spills,
or other releases from generators of
100-1000 kg/mo who are accumulating
waste on-site prior to shipment off-site.
' Comments are requested on the
proposal and alternative means of ' "
ensuring proper contingency planning, -
emergency response, and personnel
training.
E, Proposed Amendments to Part 262,
Subpart D—Recordkeeping and.
Reporting ' , :
Subpart D of Part 262 contains
recordkeeping and reporting •'-"
requirements applicable to generators of
hazardous waste. In Section H.C. of this
part of today's preamble, EPA proposed
modifications to the manifest system.
that would be applicable to generators
of 100-1000 kg/mo in order to relieve •
them of some of the administrative
burden associated with hazardous <
waste management because of the small
business nature of many of these
generators and the lesser quantities of •
waste involved. EPA is today proposing
to eliminate for 100-1000 kg/mo
generators the recordkeeping
requirements pertaining to the manifest
(§ 282.40{a)) as well as the biennial and
exception'reporting requirements
contained in this Subpart (§§ 262.40(b),
262.41, and 262.42). However, the
Agency is not proposing to eliminate or
modify the requirements of § 262.40 (c)
and (d) and § 262.43.
EPA's rationale for prqposing to
exempt generators of 100-1000 kg/mo
from most of the recordkeeping and
reporting requirements contained in Part
262 is consistent with the Agency's
rationale for reducing the manifest
requirements. Under today's proposed
rulemaking, a significant legal obligation
will be imposed on these generators to
notify EPA of their hazardous waste
activity, to accumulate waste in
accordance with the storage
requirements discussed in the previous
section, to manifest their waste when
shipping it off-site, and to ensure that.
the waste is managed at approved
Subtitle C facilities. The absence of
recordkeeping or reporting in no way
relieves these generators of these.
significant legal obligations. In addition,
EPA still requires these records to be
kept by the treatment, storage, or
disposal facility. (See Section IV. of this
Part of the Preamble.) Therefore,
enforcement of the regulations may still
be accomplished through inspection of
these records.
EPA is today proposing a new § 262.44
to specify the recordkeeping and
reporting requirements mat would be
applicable to 100-1000 kg/mo
generators. The specific requirements
which EPA is proposing to retain or
eliminate for generators of 100-1000
kg/mo are discussed below.
1. Recordkeeping—§ 262.40. Section
262.40(a) requires the generator to retain
a copy" of each manifest for a period of
three years. Since today's proposal
would eliminate the requirement that
multiple copies of the manifest be used
for wastes from 100-1000 kg/mo
generators, EPA is today proposing to
eliminate this retention requirement
Section 262.40(b) requires the
generator to retain a copy of each
Biennial Report and Exception Report
for three years. The Agency is proposing
to eliminate both the Biennial Report
and Exception Reports for 100-1000
kg/mo generators. (See E.2. and E.3. of
this Section, below.) Consequently, EPA
is proposing to eliminate the
recordkeeping requirements for these
reports.
Section 262.40(c) require? each-
generator to keep records of any test
results, waste analyses, or other
determinations made in accordance •
with § 262.11 for at least three years.
Since the Agency believes that the
waste determination provisions of
§ 262.11 are crucial to the hazardous
waste program, the Agency sees no
reason to eliminate the requirement to
keep such records for generators of
100-1000 kg/mo and is not, therefore,
proposing any modification to this
requirement.
Section 262.40(d) automatically
extends the period of recordkeeping
during the course of any unresolved
enforcement action or at the request of
the Administrator. This requirement
would be retained under today's
proposal but would apply only to
§ 262.40(c) reports.
2. Biennial Report—§ 262.41. A
generator who ships his hazardous
waste off-site is required to submit a
biennial report to the Regional
Administrator by March 1 of each even
numbered year covering the generator's
activities during the preceding odd
numbered calendar year.
The report is to provide information
on the types and quantities-of wastes
generated and the facility(s) to which
the waste was shipped for treatment,
storage, or disposal. The report is
generally compiled from the manifests
retained by generators during the
reporting year. While the biennial report
was originally intended to serve
• primarily as a summary of manifests
from both generators and facilities that
could be used as an enforcement tool
through comparisons between generator
and facility reports, its primary function
is as a data collection device.
Under the existing system of-State
authorization, EPA's biennial report
requirement applies only to those States
that have not received interim
authorization to operate any portion of
the hazardous waste regulatory
program. Consequently,' EPA receives
reports directly from handlers located in
approximately a dozen States. The
remaining hazardous waste generators
in the balance of th'e States report
directly to the State agency according to
a reporting system established by that
State.
In order to obtain nationwide data on
hazardous waste generation and
treatment, storage, and disposal, EPA
. requires each State agency to submit a
Biennial State Program Report to EPA
summarizing the data from their own
reporting system. This summary data is
then aggregated to provide a profile of
the regulated community and estimates
of the quantities of waste generated and
managed.
EPA is today proposing to exempt
generators of 100-1000 kg/mo from the
requirement to complete a biennial
report for several reasons. First, the
total quantity of waste generated by
these small quantity generators is
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31297
approximately 0.3 percent of all of the
hazardous waste generated nationally
while the number of generators who-
would have to complete the biennial
report would exceed 100,000. In
compiling the data from the 1983
biennial reports, EPA has found that the
e.xtent of error in State summary reports
exceeds the total quantity of hazardous
waste represented by all small quantity
generator waste. While a degree of error
of one-half of one percent is not-
uncommon or unacceptable for
developing estimates of waster
generation nationally, the value of the
data from the reports of 100—1000 kg/mo
generators would not significantly add
to the accuracy of the biennial report
data. In fact, EPA believes that the value
of these reports would be far
outweighed by the burden to these
generators of preparing and filing such a
report.
Second, requiring biennial reports
from generators of 100-1000 kg/mo in
the unauthorized States alone would far
outweigh the Agency's administrative
ability to make use of the reports.
Third, if today's proposal concerning
the "single copy" manifest and the
exemption from most recordkeeping
requirements becomes final, these:.
generators would not be required to'
have the information necessary to
complete the report since these
generators do not need to retain, a copy
of the manifest. The manifest provides.
most of the information necessary to
complete the Biennial Report.
Finally, information concerning the
number of generators and the quantities
of waste generated will still be available
from the biennial reports required to be
filed by treatment, storage, and disposal
facilities. These facilities' should file'
biennial reports because such facilities
would be required under today's-
proposal to retain the single copy of the
manifest accompanying shipments (or
other record of a shipment)- from 100-
1000 kg/mo generators.
3. Exception Reporting—$262.42. EPA
is also proposing to exempt 100-1000 kg/
mo generators from the requirement to
file reports in cases where they do not
receive copies of the manifest signed by
the designated facility since a copy of
the manifest signed by the designated
facility would not be required to be
returned to the generator under today's
proposed rule.
4. Additional Reporting—§ 262A&
This section reserves the right of the
Administrator to require additional
reports from generators as he deems
necessary. Since the Agency may
require additional information about
wastes from 100-1000 kg/mo generators,
at some future time, EPA is not
proposing an exemption from this'
requirement for these generators.
F. Request for Comments on Part 262
Standards
In considering amendments to Part
262 for generators of 100-1000 kg/mo,
the Agency initially felt that a
straightforward lowering of the small
quantity generator exclusion to 100 kg
would be the least confusing and most
protective approach, particularly in light
of the statutory deadline to propose and
promulgate regulations for these
generators fay March 31,1986.
Hqwever, in light of Congressional
and Agency concerns about the impacts
of full regulation on the number of small
businesses that would be affected, EPA
decided to propose the modifications to
Part 262 embodied in today's proposal.
These amendments would eliminate
some of the administrative burden on
these newly regulated establishments
while retaining the legal obligations
necessary to ensure protection of human
health and the environment.
• The Agency is not fully convinced,
however, that the administrative relief
-being offered—while warranted based
on the quantities of waste involved and
the small business nature of these small'
generators—is substantial enough to
offset the potential confusion which may,
result among the newly regulated
community as to the requirements which
apply; as well as the loss of the tracking
function of the manifest as an
enforcement tool.
Consequently, EPA is requesting
specific public comment on the
approach contained in today's proposal
for regulating IQO-IOOO kg/mo
generators: and ia particularly interested
in comments from both the public and
the regulated community on tite
following issues:
1. Ta what extent are the existing
requirements for a hazardous waste
generator to complete a multi-part
manifest, retain a copy of his records,
and file manifest exception and biennial
reports particularly burdensome and
unnecesssary for generators of 100-1009
kg/mo?
2. Are the savings (i.e., reduced costs
and administrative burden) of the single'
copy manifest and reduced
recordkeeping and reporting
requirements significant enough to offset
the confusion which different
requirements may cause?
3. Will a separate set of manifest
requirements for lOOr-1000 kg/mo
generators seriously hamper
implementation of the existing manifest
system for larger generators, or
seriously weaken the States' regulatory
program that is intended to protect
human health and the environment from
the mismanagement of hazardous
waste?
III. Standards for Transporters, of
Hazardous Waste—Part 263
A. Proposed Amendments
The existing standards for
transporters of hazardous waste are
contained in 40 CFR Part 263 and are
applicable to any form of hazardous
waste transportation that requires the
use of a hazardous waste manifest
(§ 263.10(a)}. These standards pertain to
compliance with the manifest system,
recordkeeping, and actions to be taken.
in response to spills or discharges of
hazardous waste. Taken in conjunction
with U.S. Department of Transportation
(DOT) requirements under the
Hazardous Materials Transportation
Act (HMTA) regarding labeling,
marking, packaging and placarding
(incorporated in 40 CFR Part 262,
Subpart G), such standards are deemed
by the Agency to be those necessary ta
protect human health and the
environment during: the transportation of
hazardous waste.
In directing EPA to develop new
standards for genera tors of 100-1000 kg/
mo, section 3001(d)(7){ of RCRA, as
amended, specifically states that
"nothing in this subsection shall be
construed to affect or impair the validity
of regulations pursuant to the-
Hazardous Materials Transportation-
Act." Consequently, EPA is not
proposing any substantive-amendments
to applicable DOT requirements or to
Part 263. However, a number of minor
amendments would be necessary to
bring the transporter standards into
conformance-with today's proposed
amendments for 100-1000 kg/mo
generators.
Under today's proposal, 100-1000 kg/
mo generators would'be required to fully.
complete a copy of the Uniform
Hazardous Waste Manifest—including
die names and EPA identification
numbers of the transporter and
designated facility—and ensure that die
manifest accompanies each shipment of
hazardous waste off-site for storage,
treatment, or disposal.
However, generators of 100-1000 kg/
mo would not be required to provide
multiple copies to the transporters or
disposal facility or to receive back 00
retain signed copies from the
transporters or disposal facilities. (See .
proposed 1262,23} Consequently,
transporters designated to receive
hazardous waste shipments from these
generators would receive only a single
copy of the manifest accompanying the
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31298
Federal Register / Vol. 50, No. 148 /• Thursday, August 1, 1985 / Proposed Rules
waste shipment. Thus, the transporter
would be unable to keep a copy of the •
manifest for himself and return a signed
copy to the generator before' leaving the
generator's property (§ 263.20(b)).
Similarly, the requirement that
subsequent transporters and the
designated facility receive copies of the
manifest would be impossible under
today's proposed regulatory scheme
(§ 263=20(d)(2) and (d)(3)). These
sections are proposed to be amended
accordingly.
However, to ensure that the
transporter and recipient facility are-
aware of the hazardous nature of the-
waste being transported, as well as-
acknowledge receipt of the hazardous %
waste, the Agency is not proposing to
amend those provisions requiring that
the transporter (as well as the receiving
facility) sign the manifest provided by
the generator and that the manifest
accompany the hazardous waste. The
single copy of the manifest that must be
provided by the 100-1000 kg/mo
generators will, therefore, serve as a
label and as a form of notification to the
transporter of the hazardous nature of
the waste.
Finally, the Agency.is proposing to
add a new § 263.20{h) to specify certain
recordkeeping requirements for
transporters (who are also reclaimers)
accepting unmanifested hazardous
waste from generators utilizing the
§ 262,20 exemption for wastes reclaimed
under contractual agreements. -
B. Transportation Issues
Under today's proposal, hazardous -
was te from 100-1000 kg/mo generators
must be managed at facilities with
interim status or a permit under RCRA
'and such generators may only offer dieir
waste to hazardous waste transporters
who have obtained a U.S. EPA,
Identification Number (See earlier
discussion of § 262.12 and 262^0 in
today's preamble). Transportation costs
often account for a substantial portion
of hazardous waste management costs •
and today's proposal is likely to result in
a net increase in hazardous waste
transportation by 100-1000 kg/mo
generators (i.e., some 100-1000 kg/mo '
generators who now manage waste on-
site will likely shift to off-site
management under today's proposed
application of full regulation under Parts
264 and 265 to these generators [See
Section IV. of this Part]). EPA.is-
concerned about a number of •
transportation issues relevant to
shipments of hazardous waste from -
generators of 100-1000 kg/mo. In
particular, we are concerned about the--
availability of transportation services
for this group of genera tors, the cost •
impacts of transportation of relatively
small quantities of hazardous waste of
small businesses and, finally, whether
today's proposal will cause any
substantial increase in risks from
hazardous waste transportation.
In passing the HSWA, it is clear that
Congress was also concerned about the
availability of transportation services
and the administrative burden of
compliance for generators of small
quantities of hazardous waste. EPA was
directed in section 221(e) to study the
issues related to transportation of small
quantity generator wastes and, in
particular, to explore the,feasibility of
licensing transporters to assume many
of the responsibilities of the generator
with respect to the manifest. In addition.
Congress directed EPA to allow
generators of 100-1000 kg/mo to
accumulate waste on-site for up to 180
(or 270) days without the need to obtain
a RCRA permit in order to allow these
generators to accumulate more
economical shipments.of hazardous
waste (section 3001(d)(6)).
, The Agency is conducting a study that.
identifies and discusses the feasibility of
alternatives for the-transportation of.
hazardous waste produced by
generators of 100-1000 kg/mo. Based on
preliminary results from that study, EPA
has concluded that the existing system
already allows for flexibility in the
transportation of hazardous waste front
generators of 100-1000 kg/mo by
allowing self-transportation of
hazardous waste to Subtitle C facilities
for these generators (provided they
comply with Part 263) and by allowing
transporters,to assume many of the
responsibilities of the generator with
respect to the manifest. • •
1. "Self-Transportation" of Hazardous
Waste. Self-transportation of hazardous
waste to an approved hazardous waste
management facility has never been
precluded under 40 CFR Part 262,
provided the generator has a U.S. EPA
Identification Number and complies .
with the applicable portions of DOT and
EPA transportation requirements (40
CFR Part 263). While the Federal Motor
Carrier Act (MCA) establishes financial
responsibility and liability requirements
for transporters of hazardous materials
(which would impose substantial costs
on transporters) there are two specific
exemptions contained in that. Act
designed to facilitate transportation of
small quantities of hazardous materials.
First, the MCA exempts from financial
insurance and liability requirements any
"for hire"" vehicle with a Gross Vehicle
Weight Rating (GVWR) of less than
10,000 pounds (e.g., a van or pick-up
truck). (See 49 CFR 387.3(c)). Second, the
Act provides an exemption from these
requirements for the transportation of
non-bulk (i.e., containment systems with
less than 3500 gallon capacity)
hazardous materials, substances, or
wastes, in in.trastate commerce (except
for large quantity radioactive material's).
See 49 CFR 387.3(c).
Transportation of hazardous materials
is also regulated by the States.
Generators of 100-1000 kg/mo should
contact their State transportation
agency to determine under what
circumstances self-transportation of
small amounts of hazardous waste may
be permitted in their State.
2. Transporter Assumption of
Generator Responsibilities. Under
RCRA, a hazardous waste transporter
may already assume certain of the
manifesting responsibilities for
hazardous waste generators. With the
exception of the generator certification
.and signature, a generator may
contractually delegate specific tasks to
the transporter; however, the generator
remains liable under RCRA for the
satisfactory performance of those tasks.
The Agency is aware that many
transporters are presently providing
such services to both small and large
hazardous waste generators, and no
regulatory amendments are being
proposed that would preclude such
arrangements.
C. Request for Comments
EPA is interested in comments from
hazardous waste transporters on all
aspects of today's proposed
• amendments applicable to 100-1000 kg/
mo generators. We are particularly
interested in comments with respect to .
the utility for transporters of the single
copy manifest requirement proposed
today (i.e. will hazardous waste
transporters accept only a single copy
manifest when transporting wastes from
generators of 100-1000 kg/mo?).
IV. Standards for Facilities—Paris 284
and 285
A. Requirements Applicable to
Generators of 100-1000 kg/mo that
Manage Hazardous Waste" On-site
The requirements for facilities that
treat, store, or dispose of hazardous-
waste are contained in Parts 264 and 265
of the hazardous waste regulations. The
Part 265 standards are applicable to
facilities under interim status, a
condition which allows a facility to
continue operating until it receives a full
RCRA permit. (See HSWA section
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Federal Register /Vol. 50, No. 148 / Thursday, August 1, 1985 / Proposed Rules
31299
3005(e)). "The Part 264 standards
establish the minimum standards to be
incorporated in a full RCRA permit by
EPA or a State with an EPA authorized
hazardous- waste program.
Under existing § 261.5(b), generators
of 100-1000 kg/mo that treat, store, or
dispose of hazardous waste on-site are
exempt from the facility requirements of
Parts 264 and 265, provided the facility
is at least approved by a State to
manage municipal or industrial (non-
hazardous) solid waste. (I 261.5(h)) 19
Under today's proposed redefinition of a
small quantity generator (Section LA. of
this Part of the preamble), 100-1000 kg/
mo generators would no longer be
covered by the § 261.5 exemption;
instead, these generators would be
subject to regulation under Parts 262,
263, 264, 265, 270 and 124 of the
hazardous waste regulations, to the
. extent those regulations are applicable.
As discussed above, EPA is proposing
certain modifications to the Part 262...
standards to relieve 100-1000 kg/mo
generators from some of the '
administrative and paperwork
requirements of that part. In addition;
EPA is proposing certain modifications
to the Part 265 facility requirements
s. applicable to those generators who, :
accumulate hazardous waste on-site for
no more than 180 (or 270) days; in
accordance with § 262.34. The Agency,
however, is not proposing .any . . . , .
modifications to Parts 264 and 265 that
would be applicable to generators of
100-1000 kg/mo who do not qualify for
the 180 day (or 270 day} exemption.
Data from EPA's small quantity
generator survey indicate that less than
15 percent of generators of 100-1000 kg/
mo do not qualify for the 180 day (or 270
day) exemptiori'and would, therefore, be
subject to full regulation under Parts 264
and 265. .".'!''.
The Agency has concluded that this
relatively small percentage of generators
of 100-1000 kg/mo should be subject to;
full Part 264 and 265 requirements.
Under today's proposal, the Part 264 and
265 requirements. Under today's-,
proposal, the Part 264 and 265 -v"; :
requirements would apply,to those 100-;
"Previously, interim status was only available to
facilities that were in existence on November 19,. •
1980, the date the bulk of the hazardous waste ..
regulatory program went into effect However;
section 300S(e)(l)(A)(ii) of RCRA. as amended by
HSWA. expressly provides that facilities' that are in
existence on the effective date of statutory or
regulatory amendments that subject them to the
requirement to obtain a RCRA permit may also
qualify for interim status. (See Section IVJJ. of this
Part of the preamble); ... ,.
"These requirements also apply to generators of
less than 100 kg/mo of hazardous waste (or 1 kg/mo
of acutely hazardous waste). These generators.
however, are not affected by today's proposal.
1000 kg/mo generators of hazardous
waste that store then- waste in tanks or
containers for very long time periods
(i.e., longer than 180 or 270 days), engage
in waste treatment [e.g., on-site
incineration), or manage {heir waste in
surface impoundments, waste piles,
landfills or land treatment facilities.
Under each of these management
scenarios, the potential for release of
hazardous waste to the environment is
significant or the-quantity of waste
present, over time, becomes significant.
The Agency requests public comment
on the application to 100-1000 kg/mo
generators of uniform Parts 264 and 265
requirements versus special {i.e.,
tailored) Parts 264 and 265 requirements.
The Agency is specifically interested in
comment on the following situations or
circumstances that might warrant lesser
standards which would be less
burdensome than existing Part 264 and
265 requirements, but which would be
protective of human health and the
environment:
(1) The need for secondary
containment for tanks used for long-term
storage [i.e., greater than 180-270 days]
or treatment of hazardous waste;
(2) Allowance of accumulation in
tanks and containers for longer than 180
or 270 days, without the need for interim
status or a permit in situations where
the distance to the nearest Subtitle C
facility is great or the availability of a
hazardous waste transporter is limited;
(3) The treatment of small volumes of
hazardous waste in tanks,
(4) Specific waste types and their
handling practices which deserve
special consideration because of then*
low potential for harm to human health
and the environment
Commenters should provide the
human health and environmental
protection rationale for suggested
tailored requirements.
B. Off-site Facilities that Manage
Wastes From 100-1000 kg/mo
Generators ' ' ';
Parts 264 and 265 of the hazardous
waste regulations contain blanket
exemptions from the requirements of '
those Parts for state approved municipal
or industrial waste facilities that
manage wastes only from small quantity
generators excluded from regulation
under § 281.5. (§| 264.1(g)(l) and
265.1(c)(5)). Under today's proposed.
redefinition of small quantity generator
(discussed in Part H, Section LA of this
preamble), generators of 100-1000 kg/mo
would no longer be conditionally
exempt from regulation under § 261.5.
Thus, the exemption-for facilities that
manage wastes only from these
generators would no longer apply and
facilities managing wastes from 100-
1000 kg/mo generators would be subject
to regulation under Part 264 or 265.
EPA is not proposing a new
exemption for these facilities since we
have concluded that hazardous waste
from 100-1000 kg/mo generators, upon
arrival at an off-site facility for
treatment, storage or disposal, loses any
distinction related to the point of origin
[i.e., the types and quantities of
hazardous waste managed at such
facilities are very similar to facilities
managing wastes from larger quantity
generators.) However, EPA invites
comments on the need for, and
appropriateness of, umform versus
tailored Parts 264 and 265 requirements
for application to facilities which treat,
store, or dispose of hazardous waste
solely from 100-1000 kg/mo generators.
Comments should address the human
health and environmental protection
bases for suggested tailored
requirements.
Off-site interim status facilities •
managing wastes from both fully
regulated large quantity generators and
generators of 100-1000 kg/mo may, of
course, be required to modify their Part
A permit applications under § 270.72 to
acco'unt for wastes from 100-1000 kg/mo
generators if those wastes are currently
being managed as exempt pursuant to
§ 261.5 and are not currently identified
on the Part A application. The Agency
also intends to propose a modification
to § 270.41 to allow the Agency to
initiate the modification of a permit
without first receiving a request from the
permittee if amended standards are
promulgated which affect the basis of
the permit. As discussed previously, as a
result of today's proposed rules, RCRA
permitted facilities handling wastes
from both large generators and.
generators of 100-1000 kg/mo would
need to modify their permits to reflect
these wastes from 100-1000 kg/mo
generators if the amendment to § 270.41
is proposed and finalized.
C. Delayed Effective Date
While the Agency is today proposing
that the full set of Part 264 and 265
standards be applied to generators of
100-1000 kg/mo that manage waste on-
site (with the exception of accumulation
or storage exempted under § 262.34),
EPA is proposing to delay the effective
date of the Part 264 and 265 standards
for these facilities.
Today's proposal provides an
additional six months before these on-
site management standards become
effective, beyond the six month effective
date of the remainder of the regulatory
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. 31300 Fetfarat Register /' Vol.. 50,. No. 14ft? /. Thursday^ August 1. 196£r / Proposed Rules
requirements indoded in. today's
proposal, for two reasons. First, the:
Agency anticipates that most IDO-lOOa-
kg/mo generatorswhtr are. currently
engaged In en-site management
activities that woufdbe subject to these
requirements wilt shift their waste
management activities- to either
conditionally exempt on-site practices-,
or to off-site management practices, or
both. The regulatory impact analysis
performed foe thisralemaking indicates:
that these generators may be unwilling
or unable to economically bear the coat
or eventual full permitting, and the cost
for "land disposal facilities!', of groundr-
water monitoring.and the possibility of
corrective action brcaaes of ground-
water contamination. The delayed
effective date will allow these
generators to shift tHeir management
practices to either exempt art-site
activities or to off-site management.
Second, the delayed effective dateifor
the part 265 requirements:wiltals to bring
them, into- co nformance with, the-
modificatibns to the proposed.
amendments-to Part 262 applicable to,
lOft-lOOakg/mo generators. The«e
amendments would affect only tiioae
off-site facilities, that manage, wastes.
from 100-lOOQ kg/mageneratora,
Under today's, proposal 1QO-100Q kg/*
mo generators would? not bereqiured fa
provide multiple copies of the Uniform
Hazardous Waste Manifest fo the
transporter,, or. receive back from the
designated facility, a signed copy of the
manifest. •
. For these reasons, today's proposal1
would: exempt recipient facilities a£
hazardous waste from lOOC-lOOffkg/ma *
generators from the following, existing
requirements: (JIThB.requirement to.
give the transporter a" copy of tfie signed
manifest (§ 284'.7lCa)(3l'and"
8'265.71(a)[3}r: and (2)r tfie requirement
to return a copy of the~ signed manifest1
to the- generator;^ 28«7t(aJ{4)'and.
§ 265JltalC4)-f.
F.Requeat- for Cammenta on= Par4» 264
and 265 Standards ,-jv i ;-, -. ;> , .
While the A'geney i^roday proposing
that the--full set ofexisShg Pa*» 284-aad
265 requiremenfs'Be imposed upon
generators of 100-KK»Rg/mo that
manage their waste ortrsite{*xcRptfor
conditiona"Iy.-exenipt oo-site stoifage),.
specific comment is invited on-
alternatives to this proposed regulatory
approachs . , . "
Part 1H— Economic, En viroomental
Regulatory Impacts
/. Impact- cur AutR0rizeeFS8ate9- ' .
A. Applicability ia Authorized States. -.
Under Section 300C oSRGRAr HPA.
mayauthnrizequalified;Statesr
authorization,) Following: authorization;
EPA, retains enforcement autharSy
under sections- 3008", 301$ and 7093:of.
RCRA, although authorized States have
primary enforcement responsibility.
Prior to the Hazardous-and Solid'
Waste Amendments of 1984-(HSWA>
amending RCRA, a State with- ffnaP
authorization administered its
hazardous- waste program entirely in-
lieu of the Federaf program-. The Federal
requirements no longer applied' in the
authorized State* and EPA could not1
issue permits for any hazardous waste1
management facilities-which the-Stafe
was authorized to permit. When new;
more stringent Federal requirements
were-promulgated or enacted, the State-
was obligated to enact equivalent
authority within specified time frames,
however; the new Federal requirements
did not take effect irr an authorized
State until the requirements were
adopted as State law.
In contrast, under newly enacted
section 3006(g] of RCRA,. 42 U.S.C.
6926(g}, new requirements and'
prohibitions imposed by the HSWA take
effectin authorized States at the same
time that they take effect-fa
nonauthorized States; EPA is directed to
carry outtfiose requirements amf
prohibitions in authorized. States;,
includirrg-the issuance of permits, unttf
the State is granted authorization to do
so. While States mustsriff adopt HSWA
provisions as State law to retain final'
authorization, the HSWA applies in-
authorized States hi the interim.
B. Effect oa State Authorization*
Today's- announcementproposear
HSWA standardsFpnrsuant to section:
3001(dIofRCRA, as-amended; that
waulo? be effective and administered' Bj
EPA hr all States. If promulgated1, EPA
will'implement the standards in
authorized States until" sucfr time as they
revise their programs to adopt these-
rules and the revisions are approved by
EPA.
A State would be able to apply to
receive either interim-or, final
authorization under section 30C6CgJ(2I or
3006(b], respectively, on.tfie Basfs of
requirements that are substantially
equivalent* or equivalent to EPA's. The
procedures and schedule for State
adoption of these regulations under
secn'on-3006(&J are described in 4ffCFR
~ 27T.2I (49 FR.21678».IVray 22V1984J:.
Similar, procedures-should be followed
for section 3006fgO(2)..
Applying; S. 27I.2lCeK2£ States- that ;
have final authorization, would have to.
re vise-their programs within one year
from- the date of promulgation1 of EPA's-
regulations if regulatory'changes are all
that are. necessary,, or within two years.
of promulgation if statutory changes are
necessary. These deadlines-can-be
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Federal Register / Vol. 50, No. 148 / Thursday, August 1, 1985 / Proposed Rules
31301
extended in exceptional cases (40 CFR
271.21(e)(3)).
States that submit official applications
for final authorization less than 12
months after promulgation of EPA's
regulations could be approved without
including standards equivalent to those
promulgated. Once authorized, however,
a State must revise its program to
include standards substantially
equivalent or equivalent to EPA's within
the time period discussed above.
Several States with authorized RCRA
programs also have regulations covering
small quantity generators. These State
regulations have not been assessed
against the Federal regulations being
proposed today to determine whether
they meet the tests for authorization. For
that and other reasons, such States'
small quantity generator regulations are
not part of the approved State programs.
As a result, the standards ultimately
promulgated under section 3001(d) will
apply in all States, including those with
existing small quantity generator
standards, until program revisions are
submitted to, and approved by, EPA. In
•the meantime, States with existing small
quantity generator standards will
continue to administer and enforce them
as a matter of State law. However, the
regulated community must also comply
with any more stringent requirement in -
today's rule. To the extent that State
and Federal requirements are -,_ ,;
inconsistent, the more stringent
requirements must be complied with. In
implementing the Federal program, EPA.
will work with States under cooperative
agreements to minimize duplication and
disruption. . _ ..;'.,
//. Executive OrderI2291—-Regulatory
Impact ••• •;-•/•;•-•-•• • ----7 . -
Executive Order 12291 (46 FR13193,
February 9,1981)' requires that a
regulatory agency determine whether a
new regulation will be "major" and if so,
that a Regulatory Impact Analysis be
conducted. A major rule is defined as a
regulation which is likely to result in:.,.
(1) An annual effect on the economy
of $100 million or more;
(2) A major increase in. costs or prices.
for consumers, individual industries.
Federal, State, or local government-
agencies or geographic regions; or
(3) Significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability of
United States-based enterprises to
compete with foreign-based enterprises
in domestic or export markets.
The Administrator has determined
that today's proposal is not a major rule,
with total estimated costs to the
regulated community of approximately
$58 million per year,20 and no significant
adverse economic effects. These
conclusions are based on an economic
analysis of today's proposal. This
analysis involved first developing cost
estimates both of current waste
management practices used by 100-1000
kg/mo generators and of practices
required by today's proposed. Some of
these estimates were firm-specific and
other were waste stream-specific. These
costs were used along with estimates of
the changes in waste management
practices likely to result from today's
proposal to estimate the aggregate
compliance costs associated with each
of the top ten wastes generated by 100-
1000 kg/mo generators. Total aggregate
compliance costs were then estimated
by summing across the ten waste
streams and adjusting the total to
account for other waste streams
managed by 100-1000 kg/mo generators.
In order to analyze the potential
impact of the compliance costs on
affected plants, the Agency used a
model plant approach involving 289
model 100-1000 kg/mo generator plants.
These models differ in terms of the types
and quantities of wastes generated and
in their financial characteristics.
Three size categories of models were
used: establishments with 1-9
employees, those with 10-49 employees;
and those with 50 employees or more.
Using data from the small quantity
generator survey, a dominant, waste type
and annual waste load were assigned to
each model plant Financial
characteristics for the model plants
were developed using financial data
bases.
Compliance costs were estimated for
each model plant and these were
.compared to financial characteristic of
the models to identify models that
potentiallywould.be significantly
affected by the compliance costs. Any
models so identified were analyzed in
more detail to determine if they would
close as a result of the compliance costs.
A. Estimates of Per Firm Cost
1. Proposed Part 262 Generator
Standards. The estimated incremental
compliance costs attributable to the -
proposed Part 262 requirements can be
divided into an initial, one-time, cost of
$2,180 per firm, and an annual recurring
cost of. $188 per firm. These costs would
be incurred by all 100-1000 kg/mo
generators that would be subject to the
requirements of today's proposal with
MThe proposed Subpart J amendments for tanks
(see 50 FR 26444) would impose aggregate
additional costs estimated at $11 million per year if
applied to 100-1000 kg/mo generators who would be
fully regulated as storage facilities under Parts 264
and 265.
two'exceptions—generators disposing of
their wastes by sending them to
POTW's and'generators that have their
waste reclaimed under certain
contractual agreements. Generators
sending wastes to POTW's would incur
no Part 262 related costs as a result of
the proposed regulation. Generators
using reclamation agreements would
incur a cost of $1,694 initially and no
annual costs.
These cost estimates were developed
by calculating the labor and material
resources necessary to be in compliance
with the proposed Part 262
requirements. The. majority of the
estimated costs for generators who store
wastes on-site involve labor charges for
the personnel required to bring the
establishment's waste management
practices into compliance. Included in
these labor cost estimates is the time
necessary for generators to become
aware of and understand their
responsibilities under the proposed" .
regulations through education programs
and information provided by EPA and
trade associations. Only a fraction of
the aggregate or facility cost to the
generator is attributable to the
purchasing of equipment or facility
upgrading in order to comply with
today's proposal.
2. Transportation Costs. Under
today's proposal, generators of 100-1000
kg/mo would be required to either
contract with an authorized hazardous
waste transporter or haul the hazardous
waste to a hazardous waste
management facility that has a permit
from the Agency or an authorized State,
or is in interim status. Incremental
transport costs depend on current
generator practices, the distance which
wastes are transported, the quantity of
wastes transported, and the number of
times wastes are loaded and transported
each year.
In many cases, there will be no
incremental transportation costs due to
the small quantity generator regulations
because current waste management
practices involve waste transportation.
Where this is not the case, average
incremental costs that would be
imposed on 100-1000 kg/mo generators
for the transportation of their hazardous
waste are estimated to be between $258
per year (for generators that ship 600 kg
of waste a short distance twice yearly)
and $1,874 per year (for generators that
ship. 6000 kg of waste a longer distance
twice yearly).
3. Treatment, Storage and Disposal
Costs—a. On-Site Accumulation. Under
today's proposal, generators of 100-1000
kg/mo would be allowed to store
hazardous waste on-site without a
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•31302
Federal Register / Vol. 50, No. 148r /• Thursday, August 1. 1985 / Proposed Rules -
permit or interim status for up to 180
days, or for up to 270 days if the waste
is to be shipped over 200 miles.
Generator of 100-1000 kg/mo who
store hazardous waste on-site-, within
the 100 day {or 270 day) period specified
under the provisions of the storage
exemption, would have to comply with
Part 205, Subpart C (Preparedness and
Prevention), a reduced set of
requirements in Subpart D (Contingency
Pldn and Emergency Procedures), and
limited requirements for personnel
training (Section 265.16 of Subpart B).
The incremental compliance costs for
facilities that choose this management
option are divided into an initial start-up
cost of 51,447, and an annual cost of $53.
Generators that store hazardous
waste on-site within the 180 day (or 270
dny) period may also incur costs related
lo storage container (Subpart I] and
storage tank (Subpart J) requirements.
The incremental costs for these
requirements depend on a number of
factors, including the current practices*
bf the generator, the generator's storage
capacity, and the composition of the
hazardous waste being stored. The
range of incremental costs, as a result, is
fairly large. For container storage, initial
incremental costs range from practically
;:ero to 32,323, and annual costs range '
from S404 to S4.454. The corresponding
incremental cost estimates for the
existing rules for tanks are from $155 to
$4.647 for initial costs, and$770 for
annual costs.
b. Treatment and Disposal. After
analyzing the cost of on-site treatment
and disposal for 100-1000 kg/mo ,
generators relative to off-site costs, the
Agency has determined that in. nearly all
cases, the least expensive hazardous
waste management alternatives
available to these generators involve
off-site activities. The small quantities of
waste generated by these
establishments simply do not permit
Ihem to operate expensive on-site '
management facilities on an
economically efficient basis. The costs
of off-site commercial treatment and'
disposal upon which this conclusion is
based are derived from a composite of
various existing sources of data on
commercial waste management prices;
They range from $150 to $250 per metric
ton (for secure landfills) to $200 to $1200
per metric ton (foreither treatment or
incineration), depending on the
characteristics of the wastes.
B. Estimates of Nationwide Incremental
Cost Burden on Generators of 100—1000
kg/mo
The aggregate costs for today's
proposal were developed by comparing
the costs of current (baseline} hazardous'
waste management practices with
hazardous waste management practices
which would comply with, the proposal.
The Agency has determined, based on
this analysis, that the annual
incremental compliance cost for this ,
proposal would be approximately $58
million."
On a per metric ton basis, the average
incremental compliance cost over all
wastes is about $206. Because of
differences in baseline practices, and,
hence, the cost of compliance, the
incremental costs vary substantially
across different wastes. In fact, the
baseline method of waste management
by small quantity generators ia adequate
to comply with the regulations in many
cases. Others will have to change waste-
management practices in order to
comply. Much of the $58 million in-
compliance costs ia focused on a few-
types of wastes (spent solvents, dry
cleaning filtration residues, acids, and
alkalies, and igrritable wastes) that
constitute a large proportion of the
wastes-generated by small quantity
generators^
C. Estimates of'the Economic Impacts of
Today's Proposed Rule,
An analysis of the effects of .
compliance-costs on the-sales and
profitability of the model plants-
indicates- thatin overSO percent of
plants the incremental'costs are less
than 10 percent of profits. A few of the
plants, particularly in service industries,
show incremental costs of greater than
10 percent of profits-. Of the 50" model
plants most affected by the proposal, 41
show incremental compliance costs of,
greater, than 10 percent. Fifty-four of. .
these are in servfce industries^
compared with 23 percent of all model
plants. Seventy-four percent of the-
models most affected by the proposal .
have annual revenues, of less than. . -
$500,000. Some.of these'establishments.:
are low profit or non-profit by design,
such as public-or private-golf courses;
hospitals, and other public institutions.
Only-six plants, have incremental
-compliance costswhich exceed 1 -
percent o£ sales and 25 percent of
profits^ For each of these model plants, a-
more detailed'evaluation was conducted-
to. determine-whether these1 pjantn-
would be likely to dose under this
proposal! This evaluation employed a
discounted net present value analysis of
cash flows, including compliance-costs-.
This analysis-indicated; that plant-
closings as a result of the proposal
would be unlikely..
'Ibid.
III. Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.}, requires the Agency
to evaluate the impacts of regulations on
small businesses, small organizations
and small governmental jurisdictions.
The Regulatory Impact Analysis for
today's proposal includes such an
evaluation. The Administrator has
determined that this proposal will not
have a significant impact on small firms;
The key steps in preparing this
analysis are as follows:
• Identify the universe of "small
entities" affected by the rule;
• Determine if a "substantial number"
of small entities will be affected by the
rule; and
• Evaluate if the rule will have
"significant" impacts on these "small
entities."
Today's proposed regulations are
expected to primarily affect small firms.
Therefore, the Regulatory Flexibility Act
requirement concerning effects on small
businesses is addressed to a large
extent by the overall economic analysis
being performed in conjunction with the
proposal.
Throughout the development of
today's proposal, the Agency's goal has
been promulgation of requirements that' '
would be the least burdensome to small
businesses and also meet the
Congressional mandate of protecting
human health and the environment. In .- •
our effort to design regulations that
would meet this goal, we have worked
closely with small business
organizations, trade associations, State
and local governments, EPA's Office of
Small and Disadvantaged Business.
Utilization, and the Federal Small
Business Administration to assess the
needs and capabilities of small
businesses. EPA believes that this'
proposal is a balanced, approach to
regulating hazardous waste from these
generators while considering their small
business nature.
In analyzing the effects of today's
proposal on small firms, it is necessary.
to first determine if a substantial
number of small entities are affected
within those industries impacted by the.
rule. To make this determination, it is
assumed that the potential affected
population of small entities-are within
the over 200 4^digit SIC industries
targeted by the Abt Survey. Basically,
these industries are grouped into the
following general industrial sectors:
• Agricultural Servicesr
• Constructionr
•• Manufacturing;
• Transportation;
•• Wholesale Trade;
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Federal Register / VoL 50, No. 148 / Thursday, August 1, 1985 / Proposed Rules
31303
• Retail Trade;
• Services. ".
For purposes of this analysis, "small
entities" were defined as firms
comprised of fewer than 50 employees
for all of the .sectors except
manufacturing [<100 employees). In
many cases these classifications are .
approximations because the Small
Business Administration establishes size
standards in terms of sales levels, and
the size standards vary within sectors.
For example, most small entity size
standards for manufacturing industries
range between 500 and 1000 employees.
In estimating the percentage of smalt
firms affected by the proposed
regulations within the impacted
industries, firms whose primary waste is
used lead acid batteries intended for
recycling were excluded (this accounts
for 60 percent of the total waste). (See -
Part II, Section I.E.I.) It was also
assumed that the regulated community
will be those producing between 100 and
1000 kg/month of hazardous waste.
The results of this analysis indicates
that less than 10 percent of small
entities within the impacted industries
will be affected by the proposed
regulations. Most small businesses will
not be affected by these regulations
because they: (1) Do not generate ;
hazardous waste, (2) generate less-than,
100 kg/mo, or (3) generate over 1000 kg/
mo and are already subject to hazardous
waste regulations;
Even though only a relatively small" .
percentage of potentially affected smaH'
businesses wiU probably be affected.
the more important issue to analyze is-
whether or not a large number of those"
which are affected will be severely
impacted. Three commonly accepted
tests were used to measure whether^or
not businesses would be severely -
impacted:
(1) Annual compliance costs will
increase the relevant production costs •
for small entities by more than fiyeL
percentr ; •'• • '• ! •'
(2) Capital costs of compliance will :
represent a significant portion of the^ * ...
capital available to small entities. ->ri;"
{3} The costs of the regulation will
likely result in closure of small; entities.
To analyze the significance of
compliance costs on small businesses.."'
data were developed for 25 different -
types and sizes of model" plants :" •.
representing those most likely to be;
severely impacted by the proposed' -* r
regulations. The compliance costs, used
for this analysis reflect the following^
regulatory options and disposal „.-'!. •
assumptions: ' '
• Off-site disposal in secured" 7,^
(Subtitle C) landfill;
• Storage without permit of up ta
8,000 kg of waste for up to 180* days
assuming transportation of less than 200
miles;,
• Storage and disposal in covered
metal containers (drums);
• Reduced manifest and storage
requirements and the elimination of the
requirement for a biennial report. The
generator would be required to complete
virtually all items on the manifest
(including an EPA identification
number), but only one copy of the
manifest would be produced and there
would be no recordkeeping or exception
reporting requirements?
• Generators taking advantage of the
storage exemption would be subject ta
some good-housekeeping requirements
{e.g., maintenance of containers and
tanks) but would not be required to
develop written contingency plans and
also would not be required to provide
formal employee training as long as
appropriate emergency procedures are
established and employees are made -
aware of these procedures as well as *
proper handling methods for hazardous
wastes.
In general, these regulations will not
cause significant impacts on small firms.
None of the model plants established for
this analysis show cost increases of
more than five percent as a direct result
of compliance costs. The proposed
regulations require no significant capital
outlays and .thus should not affect
capital requirements or availability.
Even the roost severely impacted model
plants would not close under the
assumptions of this exercise and would
continue to-operate at a profit*
In summary,, it appears that the impact
on small firms will not cause a
significant number of hardships. There
will be isolated cases, involving on-site
management or transportation over long
distances, where compliance costs for
some individual firms may be severe. In
the case of on-site management,
however, the Agency believes that most
100-1000 kg/mo generators will switch
to off-site practices rather than face the
high costs of obtaining interim status or
a permit: Furthermore, approximately 70
percent of -these generators are in
metropolitan areas, and would thus be
able to reduce transportation costs by
allowing transporters to consolidate
shipments by picking up waste from
more than one generator at a time.
IV. Paperwork Reduction Act
The information collection
requirements in thisi proposed rule have
been submitted for approval to the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act of 1980. Comments on these
requirements should be submitted to the
Office of Information and Regulatory '
Affairs at OMB, marked "Attention:
Desk Officer for EPA". The Agency will
respond to any OMB or public
comments on the information collection
requirements prior to promulgation of
the final rule regarding 100-1000 kg/mo
generators.
V. List of Subjects
40 CFR Part 261
Environmental Protection Agency,
Hazardous materials, Waste treatment
and disposal, Recycling.
40 CFR Part 262
Environmental Protection Agency,
Hazardous materials, Labeling.
Packaging and containers, Reporting
requirements. Waste treatment and
disposal
40 CFR Part 263
Environmental Protection Agency,
Hazardous materials transportation.
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.
4O CFR Part 265
Environmental Protection Agency,
Hazardous materials, Packaging and
containers, Reporting requirements,
Security measures. Surety bonds, Waste
treatment and disposal. Water supply.
40 CFR Part 270
Administrative practice and
procedure. Confidential business
information. Hazardous materials
transportation, Hazardous waste.
Reporting and recordkeeping
requirements. Water pollution control
Water supply.
40 CFR Part 271 .
Administrative practice and
procedure. Confidential business
information. Hazardous materials
transportation, Hazardous waste, Indian
lands, Intergovernmental relations,
Penalties.. Reporting and recordkeeping
requirements. Water pollution control
Water supply.
Dated: July 25.1985. -
Lee M. Thomas,
Administrator.
For the reasons set out in the
preamble, it is proposed to amend Title
40 of the Code of Federal Regulations, as
follows:
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Federal Register / Vol. 50, No. 148 / Thursday, August 1, 1985 / Proposed Rules
PART 261—IDENTIFICATION AND
LISTING OF HAZARDOUS WASTE
1. The authority citation for Part 281
continues to read as follows:
Authority: Sees. 1006.2002(a), 3001. and
3002 of the Solid Waste Disposal Act. aa
amended by the Resource Conservation and
Recovery Act of 1976, as amended (42 U.S.C.
6905.0912(a), 6921, and 6922).
2. In § 261.5, paragraph (h) is removed
and existing paragraphs (i) and fj] are
redesignated as (h) and (ij. Paragraphs
(a), (b), and (c), and the introductory
text of paragraph (e). are revised to read
as follows:
§ 2615 Special requirements for
hazardous waste generated by small
quantity generators.
(a) A generator is a small quantity
generator in a calendar month if he
generates no more than 100 kilograms of
hazardous waste in that month.
(b) Except for those wastes identified
in paragraphs (e), (£] and (g) of this
section, a small quantity generator's
hazardous wastes are not subject to
regulation under Parts 262 through 265
and Parts 270 and 124 of this chapter,
and the notification requirements of
Section 3010 of RCRA, provided the
generator complies with the
requirements of paragraphs (f) and (g) of
this section. "* .
(c) Hazardous waste that is recycled
and that is excluded from regulation - •
under §§ 261.6{a)(2) (Hi) and (v), (a}(3),
or 268.36 or hazardous waste that is
exempt from regulation under 40 CFR
281.4(c) and (d) and 262.34 and Parts 263.
264, and 265 and the subsequent
permitting requirements is not included
in the quantity determinations of this
section and is not subject to any of the
requirements of this section. Hazardous
waste that is subject to the requirements
of § 281.6{b) and (c) and Subparts C, D,.
and F of Part 268 is included in the
quantity determination of this section
and is subject to the requirements of this
section.
« * *.*-*- ' ~ ^
(e) If a small quantity generator
generates acutely hazardous waste in a •
calendar month in quantities greater
than set forth below, all quantities of
that acutely hazardous waste are*
subject to full regulation under Parts 262;
throughout 265 and Parts 270 and 124 of
this chapter, and the notification
requirements of Section 3010 of RCRA.
Those wastes are not subject to the
requirements applicable to the
hazardous wastes produced by
generators generating greater than 100
kilograms but less than 1000 kilograms
of hazardous waste in a calendar month.
PART 262—STANDARDS APPLICABLE
TO GENERATORS OF HAZARDOUS
WASTE
3. The authority citation for Part 262
continues to read as follows:
Authority: Sees. 1006,2002(a), 3002,3003,
3004.3005, and 3017 of the Solid Waste
Disposal Act as amended by the Resource
Conservation and Recovery Act of 1976, as
amended C42 U.S.C. 6906, 6912, 6922,6923,
6924. 6925, and 6937).
4. Section 262.20 is amended by
revising paragraph (a) and adding new
paragraph (e) to read as follows:
§ 262.20 General requirements.
(a) A generator who, transports, or
offers for transportation, hazardous
waste for off-site treatment, storage, or
disposal must prepare a Manifest (OMB
control number 2050-0039) of EPA form
8700-22, and, if necessary, EPA Form
8700-22A, according to the instructions
included in the Appendix to Part 262,
except that a generator producing
greater than 100 kg but less than 1000 kg
in a calendar month need not include a
manifest document number under
item 1.
*****
(e) The requirements of this Subpart ..
do not apply to hazardous waste
produced by generators of greater than
100 kg but less than 1000 kg in a
calendar month where:
(1) The waste is reclaimed under a
contractural agreement pursuant to
which:. • ' • •
(i) Either the person generating the
material, or the reclaimer, retains
ownership of the material at all times;.
(ii) The type of waste and frequency
of reclamation shipments are specified
in the agreement;
(iii) The vehicle used to transport the
waste to die recycling facility and to
deliver regenerated material back to the
generator is owned and operated by the;
reclaimer of the waste; and
(2) The generator maintains a copy of
the agreement in his files for a period of
at least three years.
5. Section 262.22 is revised, to read as
follows: , ,"
§262£2 Number of Copies.
(a) With the exception of a manifest
from a generator generating greater than
100 kilograms but less than 1000
kilograms of hazardous waste in a
calendar month, the manifest consists of
at least the number of copies which will
provide the generator, each transporter,
and the owner or operator of the
designated facility with one copy each.
for their records and another copy to be
returned to the generator.
(b) The manifest for a generator
generating greater than 100 kilograms
but less than 1000 kilograms of
hazardous waste in a calendar month
consists of only a single copy which
must accompany hazardous waste
during transportation to the designated
facility. .
6. In § 262.23, paragraphs (a](3) and
(b) are revised to read as follows:
§262.23 Use of the manifest
(a) *• * *
(3) Retain one copy, in accordance
with § 262.40(a) except for a generator
who generates greater than 100
kilograms but less than 1000 kilograms
of hazardous waste in a calendar month,
who is excluded from the requirements
of § 262.40(a).
(b) The generator must give the
transporter the remaining copies of the
manifest. A generator who generates
greater, than 100 kilograms but less than
1000 kilograms of hazardous waste in a
calendar month must give the
transporter the single copy of the
manifest which is to accompany the
waste to the designated facility.
***** "
7. Section 262.32 is amended by
adding paragraph (c).
§262.32 Marking.
*****
(c) A generator who generates greater
than 100 kilograms but less than 1000
kilograms of hazardous waste in a
calendar month is exempt from the
requirement of paragraph (b) of this
section to include the Manifest
Document Number on each container
prepared for off-site shipment.
8. Section 262.34 is amended by
adding new paragraphs (d), (e) and (f).
§ 262.34 Accumulation time.
*****
(d) A generator who generates greater
than 100 kilograms but less than 1000
kilograms of hazardous waste in a
calendar month may accumulate
hazardous waste on-site for 180 days or
less without a permit or without having
interim status provided that:
(1) The quantity of waste accumulated
on-site never exceeds 6000 kilograms;
(2) The generator complies with the
requirements of paragraphs (a)(l), (a)(2)
and (a)(3) of this section and the
requirements of Subpart C of Part 265;
and
(3) The generator complies with the
following requirements:
(i) At all times there must be at least
one employee either on the premises or
on call (i.e.. available to respond to an
emergency by reaching the facility
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Federal Register / Vol. 50. No. 148 / Thursday. August 1. 1985 / Proposed Rules 31305
•A i thin a short period of time) with the
responsibility for coordinating all
emergency response measures specified
in paragraph (d)(3)(iv) of this section,
This employee is the emergency
coordinator.
(ii) The generator must post the
following information next to the
telephone:
(A) The name and telephone number
«f the emergency coordinator;
(B) Location of fire extinguishers and
spill control material, and, if present,
fire alarm; and
(C) The telephone number of the fire •
department, unless the facility has a
direct alarm.
{iii} The generator must ensure that all
employees are thoroughly familiar with
proper waste handling and emergency
procedures;
(Iv) The emergency coordinator or his
designee must respond to any
emergencies that arise. The applicable
responses are as follows!
(A) In the event of a fire, call the fire
department or attempt to extinguish it
using a fire extinguisher;
(B) In the event of a spill, contain the
flow of hazardous waste to the extent
possible, and as soon as is practicable.
clean up the hazardous waste and any
contaminated materials or soil;
. (C) In the event of a fire, explosion, or
other release which could threaten
human- health -outside the facility or
when the generator has knowledge that
a spill has reached surface water, the
generator must immediately notify the
National Response Center (using their
24-hour toll free number 800/424-8802).
The report must include the following
information: ...•":.-
{-/) The name, address, and U.S. EPA
Identification Number of the generator;
(2} Date, time, and type of incident
(e.g.. spill or fire);
(3} Quantity and type of hazardous
waste involved in. the incident;
(4) Extent of injuries, if any; and
(5) Estimated quantity and disposition
of recovered materials, if any.
(e) A generator who generates greater
han 100 kilograms but less than 1000
kilograms of hazardous waste in a
calendar month and who must transport
his waste, or offer his waste for -
transportation, over a distance of 200
miles or more for off-site treatment,
storage or disposal may accumulate
hazardous waste on-site for 270 days or
less without a permit or without having
interim status provided that he complies
with the requirements of paragraph (d)
of this section.
(f) A generator who generates greater
than 100 kilograms but less than 1000
kilograms of hazardous waste in a
calendar month and who accumulates
hazardous waste for more than 180 days
(or for more than 270 days if he must
transport his waste, or offer his waste
for transportation, over a distance of 200
miles or more) is an operator of a
storage facility and is subject to the
requirements of 40 CFR Parts 264 and
265 and the permit requirements of 40
CFR Part 270 unless he has been granted
an extension to the 180-day (or 270-day
if applicable) period. Such extension-
may be granted by EPA if hazardous
wastes must remain on-site for longer
than 180 days (or 270 days if applicable)
due to unforeseen, temporary, and
uncontrollable circumstances. An
extension of up to 30 days may be
granted at the discretion of the Regional
Administrator on a case-by-case basis.
9. In Subpart D of Part 262, add the
following new § 262.44:
§ 262.44 Special Requirements for
Generators of between 100 and 1000 kg/
mo.
A generator who generates greater
than 100 kilograms but less than 1000
kilograms of hazardous waste in a
calendar month is exempt from the
requirements of this subpart, except for
the recordkeeping requirements in
paragraphs (c) and (d) in § 262.40 and
the requirements of § 262.43.
PART 263—STANDARDS APPLICABLE
TO TRANSPORTERS OF HAZARDOUS
WASTE
10. The authority citation for Part 283
continues to read as follows:
Authority: Sees. 2002(a), 3002, 3003,
3004,and 3005 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, 6922, 6923, 6924, and
6925].
11. In § 263.20, paragraphs (b), (d)(2)
and (d)(3) are revised, and paragraph (h)
is added to read as follows:
§ 263.20 The manifest system.
* * * * *
(b) Before transporting the hazardous
waste, the transporter must sign and
date the manifest acknowledging
acceptance of the hazardous waste from
the generator. Except for waste received
from a generator who generates greater
than 100 kilograms but less than 1000
kilograms of hazardous waste in a
calendar month, the transporter must
return a signed copy of the manifest to
the generator before leaving the
generator's property.
* * * • * *
(d) * * *
(2) Retain one copy of the manifest in
accordance with § 263.22, except for a
manifest received from a generator who
generates greaterlhan 100 kilograms but
less than 1000 kilograms of hazardous
waste in a calendar month; and
(3) Give the remaining copies of the
manifest, or the single copy of the
manifest that accompanies waste
shipped by a generator who generates
greater than 100 kilograms but less than
1000 kilograms of hazardous waste in a
calendar month, to the accepting
transporter or designated facility.
***•*•*
(h) A transporter transporting
hazardous waste from a generator who
generates greater than 100 kilograms but
less than 1000 kilograms of hazardous
waste in a calendar month need not
comply with the requirements of this
section or those of § 263.22 provided
that:
(1) The waste is being transported
pursuant to a reclamation agreement as
provided for in § 262.20(e);
(2j The transporter records, on a log or
shipping paper, the following
information for each shipment:
(i) The name, address, and EPA
Identification Number of the generator
of the waste; .
(ii) The quantity of waste accepted:
(iii) All DOT required shipping
information;
(iv) The date the waste is accepted;,
and
(3) The transporter carries this record
when transporting waste to the
reclamation facility. .
12. In § 263.22,- paragraph (a) is
revised to read as follows:
§63.22 Recordkeeping.
(a) Except for a manifest received
from a generator who generates greater
than 100 kilograms but less than 1000
kilograms of hazardous waste in a
calendar month, a transporter of
hazardous waste must keep a copy of
the manifest signed by the generator,
himself, and the next designated
transporter or the owner or operator of
the designated facility for a period of
three years from the date the hazardous
waste was accepted by the initial
transporter.
PART 264—STANDARDS FOR
OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT,
STORAGE, AND DISPOSAL
FACILITIES
13. The authority citation for Part 264
continues to read as follows:
Authority: Sees. 1006, 2002(a), 3004, and
3005 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and ,
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31308
Federal Register / Vol. 50, No. 148 / Thursday. August 1, 1985 / Proposed Rules
Rjeoisjry Act of 1976. as amended (42 U.S.G.
0905.6312(a), 6924. and 6925).
t4. In § 264.71. paragraphs (a)(3) and
(a](4) are revised to read as follows:
§ 264.71 Use of manifest system.
W * *
(3) Immediately give the transporter at
least one copy of the signed manifest.
unless Ihe manifest is received from a
generator who generates greater than
ICO kilograms but less than 1000
kilograms of hazardous waste in a
calendar month;
(4) Within 30 days after the delivery,,
sand a copy of the manifest to the
generator, unless the manifest is
received from a generator who
generates greater than 100 kilograms but
less than 1000 kilograms of hazardous
waste in a calendar month; and
PART 265—INTERIM STATUS
STANDARDS FOR OWNERS AND
OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND
DISPOSAL FACILITIES
15. The authority citation for Part 265
continues to read as follows:
Authority: Sees. 1006,2002(a), 3004; 3005.
Md 3015 of.the Solid Waste Disposal Act, as
amended by the Resource Conservation and
Rucovery Act of 1976. as amended (42 U.S.C.
•$205, <3912(a), 6924,6925, and 6935}.
16. In § 265.71, paragraphs (a)(3) and
(a)(4) are revised to read as follows:
§265.71 UMofnwntfeat
(a) * • *
(3) Immediately give the transporter at
least one copy of the signed manifest,
unless the manifest is received from a
generator who generates greater than
100 kilograms but less than 1000
kilograms of hazardous waste in a
calendar month.
(4) Within 30 days after the delivery,
send a copy of the manifest to the
generator, unless the manifest is
received from a generator who
generates greater than 100 kilograms but
less than 1000 kilograms of hazardous
waste in a calendar month.
PART 270— EPA ADMINISTERED
PERMIT PROGRAMS: THE
HAZARDOUS WASTE PERMIT-
PROGRAM
17. The authority citation for Part 270
continues to read as follows:
Authority: Sees. 1006, 2002, 3005, 3007, 3019,
and 7004 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; 6925, 6927, 6939, and 6974).
§270.1 [Amended]
18. Section 270.1 is amended by
revising paragraph (c)[2)(i) to read as
follows:
(2) * * *
(i) Generators who accumulate
hazardous waste on-site for less than.
the time periods provided in 40 CFR
262.34.
*****
19. Section 270.10 is amended by
adding paragraph (e)(l)(iii) to read as
follows:.
§ 270.10 General application
requirements.
(e) * * * .
(1) * * *
(iii) For generators generating greater
than 100 kilograms but less than 1000
kilograms of hazardous waste in a
calender month and treats, stores, or
disposes of these wastes oh-site, by
(one year after the date of
publication of the final regulations).
PART 271—REQUIREMENTS FOR
AUTHORIZATION OF STATE
HAZARDOUS WASTE PROGRAMS
20. The authority citation for Part 271
continues to read as follows:
Authority: Sees. 1006. 2002(a), and 3006 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 6928).
§ 271.1 [Amended]
21. § 271.1(j) is amended by adding the
following entry to Table 1 in
chronological order by date of
publication:
Table 1.—Regulations Implementing the Haz-
ardous and Solid Waste Amendments of
1984
Date
TIHe of regulate
Aug. 1, 198S.™
— Proposed
Regulations for
Generators of
100-1000 kg/mo
of Hazardous
Waste.
SO FR [insert
Federal Register
page number]
[FR Doc. 85-18112 Filed 7-31-35; 8:45 am)
BILLING CODE 6S60-50-M
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