OSWR Docket

EPA Docket Center

Attn: Docket ID No. EPA-HQ-RCRA-2002-0031

Mail Code 5305T

Environmental Protection Agency

1200 Pennsylvania Avenue, NW

Washington, DC 20460

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  Re:     [Revisions to the Definition of Solid Waste; Proposed
          Rule]{.underline}
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Dear Sir or Madam:

Comments per the March 26, 2007 Proposed Revision to the Definition of
Solid Waste.

Docket ID No. EPA-HQ-RCRA 2002-0031

Section 261.4 Exclusions

Section 261.4(a)(24)(iii) One time notification:

The generator and each reclaimer of hazardous secondary material that
has previously been subject to regulation as hazardous wastes, but which
will be excluded from regulation under this paragraph, must send a
one-time notification to the Regional Administrator.

Comment:

Honda believes that the requirement of a "one-time notice" to the EPA
Regional Administrator would be redundant if the EPA were to require an
"annual report". The "annual report" would provide the same information
to the EPA as the "one-time notice" but in addition, it would provide
the types and volumes of hazardous secondary materials recycled. Honda
requests clarification of the purpose of the one-time notice if annual
reports are required. Again, we suggest that any reporting required by
this rule be completed by way of a simple, short form submitted
electronically.

Section 261.4(a)(24)(iv)(A) Reasonable Efforts:

\(A\) Prior to arranging for transport of excluded material to a
reclamation facility that is not operating under a RCRA Part B permit or
interim status standards, the generator must make "reasonable efforts"
to ensure that the reclaimer intends to legitimately recycle the
material and not discard it pursuant to the criteria in Section
261.2(g), and that the reclaimer will manage the material in a manner
that is protective of human health and the environment.

Comment:

Currently, Honda conducts due diligence "audits" of any facility that
receives waste generated at our manufacturing facilities, whether it be
hazardous or non-hazardous. These audits are conducted prior to
utilizing the facility and, depending on the nature of the facility and
waste stream, every 3 to 5 years thereafter. A requirement for
"Reasonable Efforts" is a part of our current business practice.

Honda has developed its own criteria, protocol and procedures for
conducting "due diligence" audits and would continue to use them. Due to
the nature of a material and the manner in which it is proposed to be
recycled, these procedures and protocols are reviewed and revised as
appropriate.

Audit reports are kept on file following each audit. A letter, signed
and dated by the department manager is mailed to the audited facility
stating the results of the audit. This would act as our "Certification
Statement".

Honda does not believe that it is necessary for the EPA to specify
requirements as to how these audits are conducted. In particular, Honda
does not feel it is necessary for the EPA to require specific questions
to be asked while conducting the audits. However, we do believe that it
is appropriate for EPA to suggest audit protocols, specific questions,
but Generators should be allowed the flexibility to conduct the audits
as they see fit, which we believe will most often go beyond the proposed
requirements.

Honda also believes that the EPA should [suggest]{.underline}, and not
[require]{.underline}, the frequency of periodic updates for the audits.

Section 261.4(a)(24)(iii)(B) Records:

\(B\) The generator must maintain at the generating facility for no less
than three years records of all off-site shipments of excluded
materials.

Comment:

Honda believes the request for record keeping can be a simple process if
the EPA allows the use of "Non-Hazardous Waste Manifests" for each
shipment of hazardous secondary materials. Most hazardous secondary
material will be "Hazardous Materials" by DOT definition and the
shipment of hazardous materials must be identified by using a shipping
paper. A non-hazardous waste manifest would act as a shipping paper and
identify the shipper (generator), the receiving facility (destination
reclamation facility), the carrier (transporter) the date of the
shipment, the name of the material, and the quantity of the material
being shipped. It would also provide the EPA ID number of the shipper
(generator) and if applicable, the receiving facility (destination
reclamation facility). The return of the "Generators Copy" of the
non-hazardous waste manifest would act as a receipt to verify that the
hazardous secondary material reached its intended destination. The
signature of an employee of the receiving facility on the manifest would
act as verification.

These shipping papers could be maintained by the shipper (generator) for
up to three years and act as a record for each shipment. If an annual
report were required, use of these shipping papers would simplify the
summary of shipments for the year.

What Honda sees as overly cumbersome is the possible additional
condition of requiring the generator to record the DATE the hazardous
secondary waste was generated. RCRA currently does not require
generators to identify the date hazardous waste was generated, only the
date that the 90-day accumulation begins. Doing so for the hazardous
secondary material goes above and beyond current RCRA requirements. This
is a particular burden if the waste is generated on a continuous basis.

Regarding the storage of the hazardous secondary material, the
regulations should only be as specific as necessary to require that
storage does not allow the release of the hazardous secondary material
into the environment. Because hazardous secondary material is
essentially a hazardous waste that will be recycled, the storage methods
should not be any different that those required by RCRA for hazardous
waste. If it is in drums, it should be handled the same as hazardous
waste in drums. If it is in tanks, it should be handled the same as
hazardous waste in tanks.

Section 261(a)(25)(i) Exports

Hazardous secondary material that is exported from the United States and
recycled at a reclamation facility located in a foreign country,
provided that the exporter complies with the requirements of Section
261.4(a)(24)(i-iv) and also with the following requirements:

Comment:

Honda has the following comment in regards to the notification of the
EPA of the intended export of hazardous secondary waste within 60 days.
The EPA is suggesting that the notification to the EPA must be completed
60 days prior to the export shipment. We suggest the use of an
electronic notification form with the required fields provided. However,
will the EPA be required to respond to the notification, and if so, can
the notification be completed within a reasonable time to assure that
the shipment (that are usually scheduled in advance) can take place as
scheduled?

Honda of America Mfg., Inc. appreciate the opportunity to submit these
comments.

Sincerely,

Michael A. Henry

Staff Engineer

cc: Office of Information and Regulatory Affairs\
Office of Management and Budget\
Attn: Desk Officer for EPA\
725 17^th^ Street\
Washington, DC 20503