Ofk/fR'90'aj.9
Federal Register / Vol. 55, No. 149 / Thursday, August 2. 1990 / Rules arid Regulations
31387
release of the Secretary's right to collect
a debt owing (o the United States under
this paragraph and/or under paragraph
(a) of this section provided such official
determines:
(i) The loan default was caused by
circumstances beyond the control of the
obligor;
(ii) There are no indications of fraud,
material fault, misrepresentation or bad
faith on the part of the obligor in
obtaining the loan or in connection with
the loan default; '' •
(iii) The obligor cooperated with VA
in exploring all realistic alternatives to
termination of the loan through
foreclosure; and, either
(iv) Review of the obligor's current
financial situation and prospective
earning potential and obligations
indicates there are no realistic prospects
that the obligor could.repay all or part of
the anticipated debt within six years of
the liquidation sale while providing the
necessities of life for himself of herself
and his or her family; or,
(v) In consideration for a release of
the Secretary's collection rights the
obligor completes, or VA is enabled to
authorize, an action which reduces the
Government's claim liability sufficiently
to offset the amount of the anticipated
indebtedness which would otherwise be
established pursuant to this paragraph
and likely be. collectable by VA after
foreclosure in view of the obligor's
financial situation; such actions would
include termination of the loan by
means of a deed in lieu of foreclosure,
private sale of the property for less than
the indebtedness with a reduced claim
paid by VA for the balance due the loan
holder or enabling VA to authorize the
holder to elect a more expeditious
.foreclosure procedure when such an
election would result in the legal release
of the obligor's liability.
(2) Prior to a liquidation sale, an.
official authorized to act for the
Secretary under provisions of section
4342 of this part may approve a partial
release of the Secretary's right to collect
a debt owing to the United States under
this paragraph and/or under paragraph
(a) of this section provided such official
determines:
(i) The loan default was caused by
circumstances beyond the control of the
obligor:
(ii) There are no indications of fraud,
material fault, misrepresentation or bad
faith on the part of the obligor in
obtaining the loan or in connection with
the loan default; •
(iiij The obligor cooperated with VA
in exploring all realistic alternatives to
termination of the loan through
foreclosure;
(iv) Review of the obligor's current
financial situation and prospective
earning potential and obligations
indicates there are" no realistic prospects
that the obligor could repay all of the
anticipated debt within six years of the
liquidation sale while .providing the
necessities of life for himself or herself
and his or her family; and,
(v) The obligor executes a written
agreement acknowledging his or her
liability to VA under this paragraph and
executes a promissory note which
provides for regular amortized monthly
payments of an amount determined by
VA in accordance with paragraph (e)(3)
of this section including interest on the
total amount payable at the rate in
effect for Loan Guaranty liability
accounts at the time of execution, or, the
obligor agrees to other terms of
repayment-acceptable to VA including
payment of a lump sum in settlement of
his or her obligation under this
paragraph;
(3) For purposes of this paragraph a
review of an obligor's financial situation
will take into consideration:
(i) The obligor's current and
anticipated family income based on
employment skills and experience;
(ii) The obligor's current short-term
and long-term financial obligations,
including the obligation to repay the
Government which must be afforded
consideration at least equal to his or her
consumer debt obligations;
{iii} A current credit report on the
obligor;
(iv) The obligor's assets and net
worth; and,
(v) The required balance available for
family support used in underwriting VA
guaranteed loans in the area.
The amount of indebtedness
established will be such that the
obligor's financial situation permits
repayment of the debt to the
Government in regular monthly
installments of principal plus interest
over a five year period commencing
within one year after the date the
promissory note is executed, except in
those cases in which a lump sum
settlement appears to be in the best
interest of the Government or in which it
appears the obligor may reasonably
expect significant changes in his or her
financial situation which would permit
higher payments to be made during later
periods of the life of the note.
(4) Determinations made under
paragraphs (e)(2) and (e)(3) of this
section are intended for the benefit of
the Government in reducing the amount
of claim payable by VA and/or avoiding
the establishment of uncollectable debts
owing to the United States. Such
determinations are discretionary on the
part of VA and shall not constitute a
defense to any legal action to terminate
the loan nor vest any appellate right in
an obligor which would require further
review of the case.
(Authority: 38 U.S.C. 210(c), 1803(c)(l))
[FR Doc. 90-17936 Filed 8-1-90; 8:45 am]
BILLING CODE 8320-01-M
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 261,264, 265,268,271,
and 302
[SWH-FRL-3816-F, EPA/OSW-FR-90-FFF]
BIN 2050-AA78
Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste; Toxicity
Characteristic Revisions
AGENCY: EPA.
ACTION: Final rule; corrections.^, .
SUMMARY: On March 29,1990, the
Environmental Protection Agency (EPA)
promulgated a rule (55 FR 11798) to
revise the existing toxicity
characteristics (TC), which are used to
identify wastes defined as hazardous
and that are subject to regulation under
subtitle C of the Resource Conservation
and Recovery Act (RCRA) due to their
potential to leach significant
concentrations of specific toxic
constituents. The preamble to these
regulations included implementation
guidance to assist the regulated :
community in understanding their
regulatory obligation for managing new
TC wastes. An implementation
timetable included in this section
contained a typographical error that
created confusion among small quantity
generators regarding their notification
responsibilities for TC wastes. This rule
corrects that typographical error and
extends the period of time within which
affected small quantity generators must
comply with the new notification '•
requirements.
DATES: This correction is effective
August 2,1990. Generators of 100 to 1000
kg/mo of total hazardous waste who are
neWly regulated by the Toxicity
Characteristic must notify the
appropriate EPA Regional office
October 31,1990.
FOR FURTHER INFORMATION CONTACT:
For general information about this
notice, contact the RCRA/Superfund
Hotline at (800) 424-9346 (toll free) or
(202) 382-3000 in the Washington, DC
metropolitan area. For information on
specific aspects of this i otice, contact
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31388 Federal Register / Vol. 55, No. 149 / Thursday. August 2. 199Q / Ruies and Regulations
Steve Cochran. Office of Solid Waste
(OS-332), U.S. Environmental Protection
Agency, 401M Street SW., Washington,
DC 20460, (202) 475-S551.
SUPPLEMENTARY INFORMATION:
Background
Today's rule corrects a typographical
error that appeared in the final rule
revising the toxicity characteristic. At
the time of promulgation, an error was
made in the implementation timeline for
the toxicity characteristic. Table V-l.—
Implementation Timeline for the
Toxicity Characteristic (55 FR11846)
indicates that generators of 1,000
kilograms per month (kg/mo) or more
and Treatment, Storage, and Disposal
Facilities (TSDFs) who have not
previously notified EPA must submit a
Notification of Regulated Waste
Activity (Form 8700-12. dated 7/90) to
the EPA pursuant to RCRA section 3010
within three months of publication of the
final rule in the Federal Register.
Although language in the preamble to
the rule specifically required all
generators to notify EPA by June 27,
1930 (54 FR 11849), it has come to the
Agency's attention •mat small quantity
generators (SQGs), those that generate a
total of between 100 kg and 1,000 kg of
hazardous waste in a calendar month,
have relied on the timeline provided in
Table V-l, which suggests no such
notification requirement exists for
SQGs.
The timeline in Table V-l is being
revised to reflect our intent, as specified
in the preamble, that generators of 100
kg/mo or more of hazardous waste and
TSDFs who have not previously notified
must submit a section 3010 notification
(Form 8700-12, dated 7/90J to EPA by
June 27,1990. Since, some SQGs may
have missed the original notification
deadline because of reliance on the
information in Table V-l, the Agency is,
in this notice, providing SQGs with an
additional three months to submit
notifications. This extension applies to
SQGs only. A copy of the notification
form is included herein. •
In addition, the Agency wishes to
clarify die appropriate use of the
toxicity characteristic leaching
procedure (TCLP) and the extraction
procedure (EP) toxicity test by SQGs.
The regulatory language states that any
person that would like to use the TCLP
before the effective date may do so in
order to determine whether the eight
heavy metals and six pesticides covered
by the EP characteristic leach-at levels
of regulatory concern. This language
was included because the TCLP is
required for both waste determination
(on September 25,1990, the TC effective
date) and the land disposal restrictions
program. The Agency clarified in an
earlier corrections notice (55 FR 26986,
June 29.1990) that, while it is
appropriate to use just one leach test to
fulfill both requirements, persons that
would like to continue using the EP
leach test until the effective date of the
rule may do so. It should be noted,
however, that the EP test may still be
required as a matter of state law {Le., in
authorized states), and this regulation
does not affect such state law
requirements.
For SQGs, the compliance date of the
rule is March 29,1991; this is the date on
which SQGs must use the TCLP for
waste characterization purposes relative
to the TC. SQGs who wish to continue
to use the EP toxicity test until that time
may do so. SQGs should be aware that
if they decide to test their waste, they
must continue to use one test or the
other. However, because the EP test is
no longer to be used for any other ,
purpose, EPA has removed the
procedure from the regulations;
therefore the 1990 version of the Code of
Federal Regulations (CFR) will no longer
contain the EP toxicity test The test can
be located in the current CFR (40 CFR
part 261, Appendix II), as well as under
Method 1310 in SW-846, "Test Methods
for Evaluating Solid Waste (Physical/
Chemical Methods)," Third Edition and
Update I, November 1986, available
from the National Technical Information
Service, 5285 Port Royal Road,
Springfield, Virginia 22161, (703) 487-
4600, document number PB-69-148-076
($67.00 paper, $16.50 microfiche).
Correction
On page 11846, column two, Table V-
1, the bullet under 3 Months should read:
• Generators of 100 kg/mo or more
and TSDFs who have not previously
notified submit § 3010 Notification
(Form 8700-12, dated 7/90) to the
appropriate EPA regional office.
Xote: Generators of 100 kg/mo to 1,000 kg/
mo of hazardous waste have until {insert date
three months from publication] to submit
§ 3010 Notification (Form 8700-12, dated 7/
90) to the appropriate EPA Regional office.
Dated: July 26,1990.
MaryA-Gade,
Acting Assistant Administrator.
BILLING CODE B560-50-M
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Federal Register / Vol. 55. No. 149 / Thursday, August 2,1990 / Rules and Regulations
31389
Ptease print or type with EUTE typa (12 characters par inch) in the unshaded areas only
OMB No. J050-002J. £jpn> )0-3J-Bt
SSANo.OHe-1
Notification of
Regulated Waste
Date Received
(For Official Us« Onty)
for Filing Nctttlcalton bttora
comptewig th* tomi. The
infarmaSon requested ham i»
required by law (SucHoftMiO
<>f the Ramurco ConsoMtfan
and R'ecavety Ml. ' • , ••
Activity
UnKed States Ehvfronmental ft-otectloo
I. Installation'* EPA ID Number (Mark 'X" In tti« appropriate tfart
f | A. First NolMteatlbB. I [ B. SuftMtpjent NotMcattan
C. Inttalfatten'* EPA ID Numbef
(complete item C)
M. Nam* of installation (Include company and specific site name)
III. Location of Installation (Phystctt address not P.O. Box or Route Number}
Street (continued)
IV. installation Mailing Address (See Instructions)
Street or P.O. Boy
V. Installation Contact (Parson fo be contacted regarding waste actfofttes «f sfte)
Name f/asf)
Phone NumberY«w» eodo andnismfafi
Vi. instaltaUon Contact Address (See fnsttvdtons)
B, Street or P.O. Box
A. Name of Instalfation'i Legal Owner
Street, P.O. Box, or-Rout* KumtMsr
Phone Murr,!,er
EPA Form 8700-12 (07-80) Provtou* •dttlon I* e*oct*a.
•1-
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31390 Federal Register / Vol. 55, No. 149 / Thursday. August 2.1990 / Rules and Regulations
Ptoase print or type.*Wi ELITE type (12 characters per inch) in the unshaded areas only
. OMB No. 2050-0013. expires 10-31-31
ID - For Official use uruy
I It
VIII. Typt of flsgulated Waste Activity (Mark T In tfi«? appropriate boxes. Refer to tastructtons.
- ; - ; x«azardousWasl9 Activity
B.T3sed Oil fust Activities
D 3- Treater. Storer..Disposer
1. Gonora!or(S«*1nstru«lora)
1 a. Greater than 1orx*g/rr»<2,20plbs.)
1 b. iOOtoirJOOkB/ma(220-2£004bs.)
J o. Us* than 100 kg/mo (220 Ibs.)
Z. Transporter (Indicate Mode in boxe* 1-5 below)
] a. For own vwste only
] b. For commercial purpose*
Mode of Transportation
D i. Air
D 2. Ben
3. Highway £
4. Water
5. Other-«pooiiy
A. CtmictarUtJe. ot NorUltW Hazardou. Wastw. Mark X in the boxes correspondina to the ehanctMfe*» of norilst^ toarttou* <,
wtstes your hiitjflatkxi handles. (Set 40 CFR Parts 261.20 -26I.24J ; ; '.,
1.lonitab!o Z-Corrosiva 3. Fteactiva 4.Toxfcity t
(0001) (O002) (D003) Characteristic
(DQOO)
4. Hazardous Waste 'Fuel
n a. Generator Marketing to Burner
J b. Other Marketers
c. Burner - indicate devioe{E) -
> ot Combusfion Device
1. Utility Bcier
[ 2. bKkistrial Boiler
3. Industrial Furnace
5. Underground Injection Controf
1. On-Speeiftealion Used OB Fuet
Q «. <3enerator Marketing to eumer
Q b. Other Markerer
] \ c. Burner - fridicato devic*{!$ -
Type of Combustion Oavice
D 1. USlttyBoBer
Q 2. industrial Boaer
f~r 3. Industrial Furnace
2. &iecilicaBon Used Oil Fuel Marketer
D(or Dn-ste Burner) Who First Cteirrs
the OS Meets the Specification
flJst specific EPA hazardous waste number(s) tor *» Toi*ay
Characteristic contaminant(s)> ' .
n n n n u_ujrrTuaLi
a. UttedHaardou»W«ttB». (Sea 40 CFR 281.31 -33. Sa« Intlrucfloot ff you need to list more.than 12 waste codes)
and all attached documents, and thaf based
obtaining the InformaVon, Iteltevethatthe suhmmedInformation Is true
that there are sfgrOOcant penalties for submitting false information,
'Imprisonment
Name and Official Titla {type or print) .
EPA Form 8700-12 (07-80) Pr»vtou« •dttton I* obsolete.
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