Federal Register / Vol. 69, No. 205 / Monday, October 25, 2004 / Rules and Regulations 62217

COLORADO.—PM–10—Continued

Designated Area 

Designation Classification 

Date Type Date Type 

On the West—Beginning at the southwestern corner of section 

23, T4N, R85W of the 6th P.M. North along the western border of sections 23, 14, 11, T4N, R85W. Thence, along the 

ridge which bisects sections 35, 36, 25, 24, 13, 14, 11, 12, 1, 

T5N, R85W, and sections 36, 25, 24, T6N, R85W. Thence 

heading northwest along the ridge which bisects sections 23, 

15, 10, 9, 4, T6N, R85W of 6th P.M. Thence, heading northeast along the ridge which bisects sections 33, 34, 35, 36, 25, 

T7N, R85W and sections 30 and 10 of T7N, R84W. Thence, 

north along the N 1/2 of the western edge of section 19, to 

the NW corner of section 18, T7N, R84W. 

On the North—The northern boundary of sections 16, 17, 18, 

T7N, R84W of 6th P.M. 

* * * * * * * 

* * * * *

[FR Doc. 04–23840 Filed 10–22–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 262 

[OA–2004–0004; FRL–7830–1] 

RIN 2090–AA13 

National Environmental Performance 

Track Program; Corrections

AGENCY: Environmental Protection 

Agency (EPA)

ACTION: Direct final rule; corrections.

SUMMARY: EPA is taking direct final 

action to revise and correct certain 

provisions in the Resource Conservation 

and Recovery Act (RCRA) program 

applicable only to members of the 

National Environmental Performance 

Track Program. The revisions concern 

the proposed rule published on August 

13, 2002 (67 FR 52674), and the 

subsequent final rule published on 

April 22, 2004 (69 FR 21737). Both the 

proposal and the final rule contained an 

inconsistency between the preamble 

language and regulatory language. The 

final rule also inadvertently omitted 

three references to applicable regulatory 

provisions that were properly 

referenced in the proposed rule. The 

proposed and final rules cover 

provisions under both the Clean Air Act 

and RCRA. Today’s direct final rule 

applies only to the RCRA provisions. 

The Clean Air Act provisions are 

unchanged. 

The regulatory proposal of August 13, 

2002 was published with a description 

in the preamble that was inconsistent 

with the proposed regulatory language. 

EPA used the word ‘‘or’’ in the preamble 

description of the provision requiring 

notice when a generator accumulates 

hazardous waste, while the subject 

regulatory language used the word 

‘‘and.’’ No public comment was 

received during the public comment 

period concerning the inconsistent 

language, and the April 2004 rule 

repeated the inconsistency between the 

preamble and the regulatory language. 

Today’s rule corrects the preamble 

language to clarify that the rule requires 

notification to both the Regional 

Administrator and the authorized State. 

In addition, the April 2004 final rule 

did not include three applicable 

regulatory provisions that were 

included in the original preamble of 

August 13, 2002 (67 FR 52674) proposal. 

The applicable regulatory provisions 

omitted from the final rule were 

correctly published in the proposal. 

Today’s rule corrects the April 2004 

final rule to include the applicable 

regulatory provisions. 

EPA is publishing today’s direct final 

rulemaking to address the inconsistency 

between the preamble and regulatory 

language, and to correct the 

inadvertently omitted applicable 

regulatory provisions. The applicable 

regulatory provisions corrected and 

finalized today are the same as the 

language that was proposed in August 

2002 and received public comment. 

Today’s corrections are being 

published as a direct final rule because 

EPA believes these revisions to be noncontroversial and does not anticipate 

any adverse comment. We are approving 

these revisions to correct the earlier 

inconsistency and omissions.

DATES: This direct final rule is effective 

December 27, 2004 unless EPA receives 

adverse comments by November 24, 

2004. If the Agency receives adverse 

comments it will withdraw this direct 

final rule by publishing a timely 

withdrawal in the Federal Register.

ADDRESSES: Submit your comments, 

identified by Docket ID No. OA–2004–

0004, by one of the following methods: 

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Agency Web site: http://

www.epa.gov/edocket. EDOCKET, EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Follow the on-line 

instructions for submitting comments.

• Mail: Mr. Robert D. Sachs, 

Environmental Protection Agency, Mail 

code 1807T, 1200 Pennsylvania Avenue, 

Washington, DC 20460 telephone 

number 202–566–2884; fax number 

202–566–0966; e-mail address: 

sachs.robert@epa.gov. 

• Hand Delivery: Office of 

Environmental Information Docket, 

Environmental Protection Agency, EPA 

West Building, Room B102, 1301 

Constitution Ave., NW., Washington, 

DC 20460. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. OA–2004–0004. EPA’s 

policy is that all comments received 

will be included in the public docket 

without change and may be made 

available online at http://www.epa.gov/

edocket, including any personal 

information provided, unless the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI or otherwise 

protected through EDOCKET, 

62218 Federal Register / Vol. 69, No. 205 / Monday, October 25, 2004 / Rules and Regulations 

regulations.gov, or e-mail. The EPA 

EDOCKET and the federal 

regulations.gov websites are 

‘‘anonymous access’’ systems, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

EDOCKET or regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the EDOCKET index at 

http://www.epa.gov/edocket. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in EDOCKET or in hard 

copy at the Office of Environmental 

Information Docket, EPA/DC, EPA West, 

Room B102, 1301 Constitution Ave., 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Office of Environmental 

Information Docket is (202) 566–1752.

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert D. Sachs, Performance Incentives 

Division, Office of Business and 

Community Innovation, Office of Policy, 

Economics and Innovation, Office of 

Administrator, Mail Code 1807T, United 

States Environmental Protection 

Agency, 1200 Pennsylvania Avenue, 

Washington, DC 20460, telephone 

number 202–566–2884; fax number 

202–566–0966; e-mail address: 

sachs.robert@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Is There a Parallel Proposal to 

Today’s Action?

There is a parallel proposal to today’s 

action. EPA is publishing this rule 

without prior proposal because we view 

this as a noncontroversial amendment 

and anticipate no adverse comment, 

since these provisions were previously 

proposed, the Agency accepted public 

comment, and no comments were 

received concerning the subject issues 

today’s action addresses. However, in 

the ‘‘Proposed Rules’’ section of today’s 

Federal Register publication, we are 

publishing a separate document that 

will serve as the proposal to revise the 

RCRA provisions described in this 

action if adverse comments are filed. 

This rule will be effective on December 

27, 2004 without further notice unless 

we receive adverse comment by 

November 24, 2004. If EPA receives 

adverse comment, we will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. We will address 

all public comments in a subsequent 

final rule based on the proposed rule. 

We will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. 

B. Does This Action Apply to Me? 

Categories and entities potentially 

regulated by this action include all 

entities regulated by EPA, pursuant to 

its authority under the various 

environmental statutes, who voluntarily 

decide to join the Performance Track 

Program. Thus, potential respondents 

may fall under any North American 

Industry Classification System (NAICS) 

Code. The following table lists the 

Primary NAICS Codes for all current 

Performance Track members. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this action. This table lists 

the types of entities that EPA is now 

aware could potentially be regulated by 

this action. Other types of entities not 

listed in the table could also be 

regulated. To determine whether your 

facility is eligible to be regulated by this 

action, you should carefully examine 

the qualifying criteria for the 

Performance Track Program at http://

www.epa.gov/performancetrack. If you 

have questions regarding the 

applicability of this action to a 

particular entity, consult the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section.

PRIMARY NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODES OF CURRENT PERFORMANCE TRACK

MEMBERS

Industry group SIC NAICS 

Surgical Appliance and Supplies Manufacturing ............................................................................................................. .................... 339113 

Laboratory Apparatus and Furniture Manufacturing ....................................................................................................... .................... 339111 

Pharmaceutical Preparation Manufacturing .................................................................................................................... .................... 325412 

All Other Miscellaneous Chemical Product and Preparation Manufacturing .................................................................. .................... 325998 

Fossil Fuel Electric Power Generation ............................................................................................................................ .................... 221112 

Dry Cleaning and Laundry Services (except Coin-Operated) ........................................................................................ .................... 812320 

Heating Oil Dealers ......................................................................................................................................................... .................... 454311 

Paper (except Newsprint) Mills ....................................................................................................................................... .................... 322121 

Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing .................................... .................... 334220 

Surgical and Appliance and Supplies Manufacturing ..................................................................................................... .................... 339113 

Research and Development in the Physical, Engineering, and Life Sciences ............................................................... .................... 541710 

Plastics Material and Resin Manufacturing ..................................................................................................................... .................... 325211 

Wood Preservation .......................................................................................................................................................... .................... 321114 

All Other Basic Organic Chemical Manufacturing ........................................................................................................... .................... 325199 

Ball and Roller Bearing Manufacturing ........................................................................................................................... .................... 332991 

Tire Manufacturing (except Retreading) .......................................................................................................................... .................... 326211 

Semiconductor and Related Device Manufacturing ........................................................................................................ .................... 334413 

All Other Motor Vehicle Parts Manufacturing .................................................................................................................. .................... 336399 

Fruit and Vegetable Canning .......................................................................................................................................... .................... 311421 

Paperboard Mills .............................................................................................................................................................. .................... 322130 

Commercial Screen Printing ............................................................................................................................................ .................... 323113 

Federal Register / Vol. 69, No. 205 / Monday, October 25, 2004 / Rules and Regulations 62219

PRIMARY NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODES OF CURRENT PERFORMANCE TRACK

MEMBERS—Continued

Industry group SIC NAICS 

Unlaminated Plastics Film and Sheet (except Packaging) Manufacturing ..................................................................... .................... 326113 

Electronic Computer Manufacturing ................................................................................................................................ .................... 334111 

Other Motor Vehicle Electrical and Electronic Equipment Manufacturing ...................................................................... .................... 336322 

Surgical and Medical Instrument Manufacturing ............................................................................................................. .................... 339112 

Ophthalmic Goods Manufacturing ................................................................................................................................... .................... 339115 

All Other Miscellaneous Manufacturing ........................................................................................................................... .................... 339999 

Hydroelectric Power Generation ..................................................................................................................................... .................... 221111 

Electric Bulk Power Transmission and Control ............................................................................................................... .................... 221121 

Electric Power Distribution .............................................................................................................................................. .................... 221122 

Medicinal and Botanical Manufacturing .......................................................................................................................... .................... 325411 

All Other Miscellaneous Nonmetallic Mineral Product Manufacturing ............................................................................ .................... 327999 

Printed Circuit Assembly (Electronic Assembly) Manufacturing ..................................................................................... .................... 334418 

Motor Vehicle Body Manufacturing ................................................................................................................................. .................... 336211 

Dry, Condensed, and Evaporated Dairy Product Manufacturing .................................................................................... .................... 311514 

Carpet and Rug Mills ....................................................................................................................................................... .................... 314110 

Cut Stock, Re-sawing Lumber, and Planing ................................................................................................................... .................... 321912 

All Other Basic Inorganic Chemical Manufacturing ........................................................................................................ .................... 325188 

Soap and Other Detergent Manufacturing ...................................................................................................................... .................... 325611 

Custom Compounding of Purchased Resins .................................................................................................................. .................... 325991 

All Other Plastics Product Manufacturing ....................................................................................................................... .................... 326199 

Concrete Block and Brick Manufacturing ........................................................................................................................ .................... 327331 

Iron and Steel Mills .......................................................................................................................................................... .................... 331111 

Aluminum Die-Casting Foundries .................................................................................................................................... .................... 331521 

Metal Coating, Engraving (except Jewelry and Silverware), and Allied Services to Manufacturers .............................. .................... 332812 

Farm Machinery and Equipment Manufacturing ............................................................................................................. .................... 333111 

Office Machinery Manufacturing ...................................................................................................................................... .................... 333313 

Pump and Pumping Equipment Manufacturing .............................................................................................................. .................... 333911 

Electron Tube Manufacturing .......................................................................................................................................... .................... 334411 

Search, Detection, Navigation, Guidance, Aeronautical, and Nautical System and Instrument Manufacturing ............ .................... 334511 

Instrument Manufacturing for Measuring and Testing Electricity and Electrical Signals ................................................ .................... 334515 

Prerecorded Compact Disc (except Software), Tape, and Record Reproducing ........................................................... .................... 334612 

Magnetic and Optical Recording Media Manufacturing .................................................................................................. .................... 334613 

Motor and Generator Manufacturing ............................................................................................................................... .................... 335312 

Motor Vehicle Transmission and Power Train Parts Manufacturing .............................................................................. .................... 336350 

Aircraft Manufacturing ..................................................................................................................................................... .................... 336411 

Guided Missile and Space Vehicle Manufacturing ......................................................................................................... .................... 336414 

Sporting and Athletic Goods Manufacturing ................................................................................................................... .................... 339920 

Solid Waste Combustors and Incinerators ...................................................................................................................... .................... 562213 

National Security ............................................................................................................................................................. .................... 928110 

Potash, Soda, and Borate Mineral Mining ...................................................................................................................... .................... 212391 

Malt Manufacturing .......................................................................................................................................................... .................... 311213 

Cigarette Manufacturing .................................................................................................................................................. .................... 312221 

Canvas and Related Product Mills .................................................................................................................................. .................... 314912 

Reconstituted Wood Product Manufacturing ................................................................................................................... .................... 321219 

Wood Window and Door Manufacturing ......................................................................................................................... .................... 321911 

Pulp Mills ......................................................................................................................................................................... .................... 322110 

Nonfolding Sanitary Food Container Manufacturing ....................................................................................................... .................... 322215 

Synthetic Organic Dye and Pigment Manufacturing ....................................................................................................... .................... 325132 

Synthetic Rubber Manufacturing ..................................................................................................................................... .................... 325212 

Noncellulosic Organic Fiber Manufacturing .................................................................................................................... .................... 325222 

In-Vitro Diagnostic Substance Manufacturing ................................................................................................................. .................... 325413 

Adhesive Manufacturing .................................................................................................................................................. .................... 325520 

Polish and Other Sanitation Good Manufacturing .......................................................................................................... .................... 325612 

Surface Active Agent Manufacturing ............................................................................................................................... .................... 325613 

Printing Ink Manufacturing ............................................................................................................................................... .................... 325910 

Rubber Product Manufacturing for Mechanical Use ....................................................................................................... .................... 326291 

All Other Rubber Product Manufacturing ........................................................................................................................ .................... 326299 

Plate Work Manufacturing ............................................................................................................................................... .................... 332313 

Metal Can Manufacturing ................................................................................................................................................ .................... 332431 

Other Ordnance and Accessories Manufacturing ........................................................................................................... .................... 332995 

Printing Machinery and Equipment Manufacturing ......................................................................................................... .................... 333293 

Food Product Machinery Manufacturing ......................................................................................................................... .................... 333294 

Optical Instrument and Lens Manufacturing ................................................................................................................... .................... 333314 

Photographic and Photocopying Equipment Manufacturing ........................................................................................... .................... 333315 

Turbine and Turbine Generator Set Units Manufacturing ............................................................................................... .................... 333611 

Bare Printed Circuit Board Manufacturing ...................................................................................................................... .................... 334412 

Electronic Capacitor Manufacturing ................................................................................................................................ .................... 334414 

Automatic Environmental Control Manufacturing for Residential, Commercial, and Appliance Use ............................. .................... 334512 

Instruments and Related Products Manufacturing for Measuring, Displaying, and Controlling Industrial Process Variables..................... 334513 

Other Communication and Energy Wire Manufacturing ................................................................................................. .................... 335929 

62220 Federal Register / Vol. 69, No. 205 / Monday, October 25, 2004 / Rules and Regulations 

PRIMARY NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODES OF CURRENT PERFORMANCE TRACK

MEMBERS—Continued

Industry group SIC NAICS 

Current-Carrying Wiring Device Manufacturing .............................................................................................................. .................... 335931 

Automobile Manufacturing ............................................................................................................................................... .................... 336111 

Truck Trailer Manufacturing ............................................................................................................................................ .................... 336212 

Gasoline Engine and Engine Parts Manufacturing ......................................................................................................... .................... 336312 

Motor Vehicle Air Conditioning Manufacturing ................................................................................................................ .................... 336391 

Dental Equipment and Supplies Manufacturing .............................................................................................................. .................... 339114 

Musical Instrument Manufacturing .................................................................................................................................. .................... 339992 

Other Nonhazardous Waste Treatment and Disposal .................................................................................................... .................... 562219 

Industrial Launderers ....................................................................................................................................................... .................... 812332 

Regulation and Administration of Transportation Programs ........................................................................................... .................... 926120 

Space Research and Technology ................................................................................................................................... .................... 927110 

Entities potentially affected by this 

final action also include state, local, and 

Tribal governments that have been 

authorized to implement these 

regulations. 

Outline. The information presented in 

this preamble is organized as follows:

I. General Information 

A. Is there a parallel proposal to today’s 

action? 

B. Does this action apply to me? 

II. Overview 

A. What is the National Environmental 

Performance Track Program? 

B. What is the history of this action? 

C. What is EPA’s rationale for this rule? 

III. Final Rulemaking Changes to 180-Day 

accumulation time for Performance 

Track hazardous waste generators 

A. What are the current requirements for 

large quantity generator accumulation, 

and what is in today’s final rule? 

1. Standards for facilities to notify to States 

and EPA 

2. Standards for waste management in 

containers 

3. Standards for waste management in 

tanks 

4. Standards for preparedness and 

prevention; and contingency plan and 

emergency procedures 

5. Typographical corrections to the 2004 

preamble at 69 FR 21737 

B. How will today’s final rule affect 

applicability of RCRA rules in 

authorized States? 

IV. Summary of Environmental, Energy, and 

Economic Impacts 

A. What are the cost and economic 

impacts? 

B. What are the health, environmental, and 

energy impacts? 

V. Effective Date for Today’s Requirements 

VI. Administrative Requirements 

A. Executive Order 12866, Regulatory 

Planning and Review

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination with Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children from Environmental Health & Safety 

Risks 

H. Executive Order 13211: Actions that 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer 

Advancement Act 

J. Congressional Review Act 

VII. Statutory Authority 

VIII. Judicial Review

II. Overview 

A. What is the National 

Environmental Performance Track 

Program? 

The National Environmental 

Performance Track Program is a 

voluntary EPA program that recognizes 

and rewards private and public facilities 

that demonstrate strong environmental 

performance beyond current 

requirements. The program is based on 

the premise that government should 

complement existing programs with 

new tools and strategies that not only 

protect people and the environment, but 

also capture opportunities for reducing 

cost and spurring technological 

innovation. 

Since the program’s inception in June 

2000, Performance Track membership 

has grown and has produced solid 

results. Performance Track encourages 

participation by small, medium, and 

large facilities, and its members are 

located throughout the United States, 

including Puerto Rico. A broad range of 

industries are represented, with 

manufacturers of chemical, electronic 

and electrical, and medical equipment 

comprising nearly 40 percent of the 

members, and both large and small 

facilities. Over the last three years, 

Performance Track has received 508 

applications and accepted 409. 

Currently there are 304 members. 

Performance Track also provides 

recognition, regulatory flexibility, and 

other incentives that promote high 

levels of environmental performance 

and provides a learning network where 

best practices can be shared. In 

addition, the program encourages 

continuous environmental improvement 

through the use of environmental 

management systems, and fosters public 

outreach, community involvement, and 

performance measurement. 

Once accepted, members remain in 

the program for three years, as long as 

they continue to meet the program 

criteria. After three years they may 

apply to renew their membership 

through a streamlined application 

process. Facilities applying to 

Performance Track must have: (1) An 

Environmental Management System in 

place for at least one full cycle that has 

been assessed by an independent party; 

(2) a history of sustained compliance; 

(3) past environmental achievements 

and a commitment to continuous 

environmental improvement; and (4) 

community outreach and annual 

reporting. 

For a closer look at the activities and 

accomplishments of Performance Track 

members to date, as well as member’s 

goals for future achievements, please 

refer to the program Web site at http:/

/www.epa.gov/performancetrack. 

B. What Is the History of This Action? 

The revisions EPA is finalizing today 

concern the August 13, 2002 proposed 

rule (67 FR 52674), and April 22, 2004 

final rule (69 FR 21737) that include 

provisions under both the Clean Air Act 

and RCRA. However, today’s action 

applies only to the RCRA provisions. 

The provisions under the MACT 

program finalized at 69 FR 21737 are 

unchanged by today’s action. 

Today’s action revises RCRA 

regulations to allow hazardous waste 

generators who are members of 

Performance Track to extend on-site 

storage of hazardous waste. Performance 

Track members may extend storage time 

to 180 days, and in certain cases 270 

days, to accumulate their hazardous 

waste without a RCRA permit or interim 

status.

EPA is issuing today’s direct final rule 

to correct one inconsistency and three 

omissions that were published in the 

Federal Register / Vol. 69, No. 205 / Monday, October 25, 2004 / Rules and Regulations 62221

April 2004 final rule. Since there was a 

proposed rule on August 13, 2002 

during which the Agency accepted 

public comment, and no comments 

were received with regard to the subject 

provisions being corrected today, EPA 

believes this to be a non-controversial 

revision and anticipates no adverse 

comments as a result of today’s action. 

C. What Is EPA’s Rationale for This 

Rule? 

EPA is publishing today’s direct final 

rule solely to revise the inconsistency 

and omissions from the proposed rule 

(67 FR 52674), and final rule (69 FR 

21737). 

III. Final Rulemaking Changes: 180-Day 

Accumulation Time for Performance 

Track Hazardous Waste Generators 

There are four provisions in today’s 

direct final rule, and three corrections of 

typographical errors from the rule 

finalized on April 22, 2004 (69 FR 

21737). The preamble section describing 

§ 262.34(j)(2) is corrected, and the 

regulatory language in §§ 262.34(j)(3)(i), 

262.34(j)(3)(ii), and 262.34(j)(7) are 

corrected to include applicable 

regulatory provisions that were 

unintentionally omitted from the April 

22, 2004 final rule. There were also 

three typographical errors on 69 FR page 

21748; these are corrected today as 

described below in section III A 5. 

A. What are the Current Requirements 

for Large Quantity Generator 

Accumulation, and What Is in Today’s 

Final Rule? 

1. Standards for Facilities To Notify 

States and EPA 

Section 262.34(j)(2), facility 

notification. The April 2004 preamble 

description of § 262.34(j)(2) is 

inconsistent with the regulatory 

language as finalized. Section 

262.24(j)(2) requires a facility to submit 

a notification to the authorized State 

and the EPA. However, the preamble 

incorrectly described this notification to 

be submitted to the authorized State or 

EPA. The following paragraph replaces 

the April 22, 2004 preamble section at 

69 FR 21747. The description of this 

section is entitled ‘‘Initial Notice.’’

The revised preamble section now 

reads as follows: ‘‘Initial Notice. Under 

§ 262.34(j)(2), Performance Track 

generators need to give prior notice to 

EPA and the authorized State agency of 

their intent to accumulate hazardous 

waste in excess of 90 days in accordance 

with this rule. These notices will assist 

EPA and state agencies in monitoring 

implementation of this incentive. Public 

comments to the proposal expressed 

concern that such notifications may 

place an additional burden on facilities 

with dynamic waste streams if renotifications are required for each new 

waste stream. EPA acknowledges this 

concern, clarifies that notifications are 

generally one-time events, and estimates 

that this burden will be of minimal 

impact to member facilities.’’

2. Standards for Waste Management in 

Containers 

Section 262.34(j)(3)(i) of the 

regulatory language in the April 2004 

final rule (69 FR 21754) inadvertently 

omitted a reference for compliance with 

subparts AA, BB, and CC of 40 CFR part 

265 and 40 CFR 264.175 that was 

included in the preamble of the August 

2002 proposal. The reference to subpart 

I remained in that section of the final 

rule. The omitted applicable regulatory 

provisions refer to compliance with 

RCRA secondary containment 

standards, and air emission standards 

for process vents; equipment leaks; and 

tanks, surface impoundments, and 

containers. This reference was included 

at the proposal stage (67 FR 52674), and 

inadvertently omitted from the final 

rule. Therefore, the regulatory language 

in Section 262.34(j)(3)(i) is amended 

today to read: ‘‘Containers, in 

accordance with the applicable 

requirements of subparts I, AA, BB, and 

CC of 40 CFR part 265 and 40 CFR 

264.175; or * * *’’

3. Standards for Waste Management in 

Tanks 

Section 262.34(j)(3)(ii) of the 

regulatory language in the April 2004 

final rule at 69 FR 21754 omitted the 

reference to comply with sections AA, 

BB, and CC of 40 CFR part 265, and 

omitted an exception to compliance 

with 40 CFR 265.197(c). The reference 

to subpart J remained in that section of 

the final rule. Subparts AA, BB, and CC 

of 40 CFR part 265 refer to compliance 

with air emission standards for process 

vents; equipment leaks; and tanks, 

surface impoundments, and containers; 

40 CFR 265.197(c) refers to interim 

status standards for closure and postclosure care for tanks. These applicable 

regulatory provisions were included at 

the proposal stage (67 FR 52674), and 

inadvertently omitted from the final 

rule. 

Also in section 262.34(j)(3)(ii), the 

reference to § 265.200 remained, but the 

clause ‘‘except for § 265.197(c)’’ was 

omitted. The effect of omitting 

§ 265.197(c) is that it inadvertently 

required compliance with § 265.200 

(waste analysis and trial tests for tanks), 

rather than waive the requirement to 

comply with § 265.200.

Therefore, the regulatory language in 

§ 262.34(j)(3)(ii) is amended today to 

read: ‘‘Tanks, in accordance with the 

applicable requirements of subparts J, 

AA, BB, and CC of 40 CFR part 265 

except for §§ 265.197(c) and 265.200; or 

***’’

When EPA finalized the rule in April 

2004, the Federal Register preamble 

section on pages 69 FR 21747–8 

correctly described §§ 262.34(j)(3)(i) and 

262.34(j)(3)(ii). Since EPA is today 

correcting the regulatory language, we 

are repeating the description of that 

preamble language for clarity. 

The preamble section describing 

§§ 262.34(j)(3)(i) and 262.34(j)(3)(ii) 

continues to read as follows: ‘‘Standards 

for Accumulation Units. Condition 

(§ 262.34(j)(3)) in today’s rule requires 

Performance Track generators to 

accumulate hazardous wastes in storage 

units (such as containers, tanks, drip 

pads, and containment buildings) that 

meet the standards for storing hazardous 

wastes at RCRA interim status facilities 

(see subparts I, J, W, and DD of 40 CFR 

part 265, respectively). These are 

standard requirements for large quantity 

generators. 

If Performance Track facilities use 

containers for extended accumulation of 

hazardous wastes, today’s rule 

additionally requires secondary 

containment systems for containers to 

prevent releases into the environment 

that might be caused by handling 

accidents, deterioration, or other 

circumstances. Secondary containment 

is a standard requirement for RCRApermitted facilities that use containers 

to store hazardous wastes containing 

free liquids and certain listed hazardous 

wastes (i.e., F020, F021, F023, F026, and 

F027). It is not, however, typically 

required for hazardous waste generators 

or interim status facilities. Public 

comments (received on the initial 

proposal 67 FR 52674) on the secondary 

containment requirement included 

support for the proposal, concerns about 

the costs of secondary containment, and 

recommendations for more stringent 

requirements. EPA believes that 

requiring secondary containment in the 

context of this rule is a reasonable, 

common-sense precaution to take in 

exchange for extending accumulation 

time limits and increasing the volume 

limit.’’

4. Standards for Preparedness and 

Prevention; and Contingency Plan and 

Emergency Procedures 

Section 262.34(j)(7) of the regulatory 

language at 69 FR 21754 of the April 

2004 final rule omitted a reference to 

comply with subparts C and D of Part 

265. The second sentence of the 

62222 Federal Register / Vol. 69, No. 205 / Monday, October 25, 2004 / Rules and Regulations 

1EPA encourages States to take this approach for 

less stringent Federal requirements where rapid 

implementation is important. For example, EPA 

encouraged States to implement State Corrective 

Action Management Unit Regulations, once adopted 

as a matter of State law, prior to authorization (see

58 FR 8677, February 16, 1993).

regulatory language was correct as 

published. Subparts C and D of 40 CFR 

Part 265 are provisions for preparedness 

and prevention, and contingency plan 

and emergency procedures. The 

reference to subparts C and D was 

included in the regulatory language at 

the proposal stage (67 FR 52674), and 

inadvertently omitted from the final 

rule. EPA is amending § 262.34(j)(7) 

today by correcting the omission that 

occurred in the final rule. To remain 

consistent with Federal Register

publication guidelines, EPA is 

publishing both sentences of 

§ 262.34(j)(7), even though the second 

sentence is unchanged from the April 

2004 final rule. Therefore, the regulatory 

language in § 262.34(j)(7) is amended 

today to read: ‘‘The generator complies 

with the requirements for owners and 

operators in subparts C & D in 40 CFR 

part 265, and with §§ 265.16, and 

268.7(a)(5). In addition, such a generator 

is exempt from all the requirements in 

Subparts G and H of part 265 of this 

chapter, except for §§ 265.111 and 

265.114; and * * *’’

The preamble section from the final 

rule at 69 FR 21737 that described 

§ 262.34(j)(7) was correct as published. 

EPA repeats the preamble language 

here. 

General Facility Standards. Under 

current regulations, all hazardous waste 

generators are subject to certain general 

facility standards relating to personnel 

training, preparedness and prevention, 

and contingency plans and emergency 

procedures.

These general facility requirements 

also apply to Performance Track 

generators, and have been included in 

this rule for the sake of clarity. 

5. Typographical Corrections to the 

2004 Preamble at 69 FR 21737 

69 FR 21748, middle column, third 

line. This preamble paragraph as 

published refers to ‘‘§ 262.24(j)(6).’’ EPA 

clarifies that it should refer to 

§ 262.34(j)(6). 

69 FR 21748, middle column, the first 

paragraph under Pollution Prevention 

refers to § 262.34(j)(7), but should refer 

to § 262.34(j)(8). 

69 FR 21748, middle column, the 

third paragraph under Pollution 

Prevention refers to § 262.34(8), but 

should refer to § 262.34(j)(8). 

B. How Will Today’s Final Rule Affect 

Applicability of RCRA Rules in 

Authorized States? 

Under section 3006 of RCRA, EPA 

may authorize a qualified State to 

administer and enforce a hazardous 

waste program within the State in lieu 

of the Federal program, and to issue and 

enforce permits in the State. (See 40 

CFR Part 271 for the standards and 

requirements for authorization.) 

Following authorization, a State 

continues to have enforcement 

responsibilities under its law to pursue 

violations of its hazardous waste 

program. EPA continues to have 

independent authority under RCRA 

sections 3007, 3008, 3013, and 7003. 

After authorization, Federal rules 

written under RCRA provisions that 

predate the Hazardous and Solid Waste 

Amendments of 1984 (HSWA) no longer 

apply in the authorized state. New 

Federal requirements imposed by those 

rules that predate HSWA do not take 

effect in an authorized State until the 

State adopts the requirements as State 

law. 

In contrast, under section 3006(g) of 

RCRA, new requirements and 

prohibitions imposed by HSWA take 

effect in authorized States at the same 

time they take effect in non-authorized 

States. EPA is directed to carry out 

HSWA requirements and prohibitions in 

authorized States until the State is 

granted authorization to do so. 

Today’s final rule is not promulgated 

under HSWA authorities. Consequently, 

it does not amend the authorized 

program for states upon promulgation, 

as EPA does not implement the rule. 

The authorized RCRA program will 

change when EPA approves a State’s 

application for a revision to its RCRA 

program. 

For today’s Performance Track rule, 

EPA encourages States to expeditiously 

adopt Performance Track regulations 

and begin program implementation. To 

revise the Federally-authorized RCRA 

program, States need to seek formal 

authorization for the Performance Track 

rule after program implementation. EPA 

encourages States to begin 

implementing this incentive as soon as 

it is allowable under State law, while 

the RCRA authorization process 

proceeds.1

IV. Summary of Environmental, Energy, 

and Economic Impacts 

Today’s direct final rule corrects 

provisions finalized on April 22, 2004 

(69 FR 21737). The economic impact of 

RCRA § 262.34(j) is not changed by 

today’s rulemaking. That is, the 

economic analysis conducted by EPA 

for the Performance Track Rule 

published in April 2004 at 69 FR 21737 

addresses completely the changes being 

made today. 

A. What Are the Cost and Economic 

Impacts?

There are no cost or economic 

impacts as a result of today’s 

rulemaking. 

B. What Are the Health, Environmental, 

and Energy Impacts? 

There are no health, environmental, 

or energy impacts to today’s rulemaking. 

Today’s changes do not loosen the 

underlying environmental obligations of 

Performance Track facilities. 

V. Effective Date for Today’s 

Requirements 

The changes contained in this final 

rule will take effect on December 27, 

2004. These rule changes apply only to 

members of the Performance Track, 

which is a voluntary program. The 

changes are intended to provide 

regulatory relief and do not impose new 

requirements. 

VI. Administrative Requirements 

A. Executive Order 12866, Regulatory 

Planning and Review 

Today’s direct final rule corrects 

provisions finalized on April 22, 2004 

(69 FR 21737). The economic impact of 

RCRA § 262.34(j) is not changed by 

today’s rulemaking. That is, the 

economic analysis conducted by EPA 

for the Performance Track Rule 

published in April 2004 at 69 FR 21737 

addresses completely the changes being 

made today. 

It has been determined that this rule 

is not a ‘‘significant regulatory action’’

under the terms of Executive Order 

12866 and is therefore not subject to 

OMB review. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. This rule 

makes corrections to a rule published in 

April 2004 (69 FR 21737), and requires 

no additional information collection 

requirements. However, the Office of 

Management and Budget (OMB) has 

previously approved the information 

collection requirements under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. and has 

assigned OMB control number 2010–

0032, and EPA ICR number 1949.04. A 

copy of the OMB approved Information 

Collection Request (ICR) may be 

obtained from Susan Auby, Collection 

Strategies Division; U.S. Environmental 

Protection Agency (2822T); 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460 or by calling (202) 566–1672. 

Federal Register / Vol. 69, No. 205 / Monday, October 25, 2004 / Rules and Regulations 62223

Burden means the total time, effort, or 

financial resources expended by persons 

to generate, maintain, retain, or disclose 

or provide information to or for a 

Federal agency. This includes the time 

needed to review instructions; develop, 

acquire, install, and utilize technology 

and systems for the purposes of 

collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in 40 

CFR are listed in 40 CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment rule 

requirements under the Administrative 

Procedure Act or any other statute 

unless the agency certifies that the rule 

will not have a significant economic 

impact on a substantial number of small 

entities. Small entities include small 

businesses, small organizations, and 

small governmental jurisdictions.

For purposes of assessing the impacts 

of today’s final rule on small entities, 

small entity is defined as: (1) A small 

business according to the Small 

Business Administration definition for 

the business’s NAICS code; (2) a small 

governmental jurisdiction that is a 

government of a city, county, town, 

school district, or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s final rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

This final rule will not impose any 

requirements on small entities. Today’s 

direct final rule corrects provisions 

finalized on April 22, 2004 (69 FR 

21737) in 40 CFR § 262.34(j). The 

economic impact of RCRA § 262.34(j) is 

not changed by today’s rulemaking. 

That is, the economic analysis 

conducted by EPA for the Performance 

Track rule published in April 2004 at 69 

FR 21737 addresses completely the 

changes being made today. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 04–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and Tribal governments and the private 

sector. Under section 202 of the UMRA, 

EPA generally must prepare a written 

Statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may 

result in expenditures to State, local, 

and Tribal governments, in the 

aggregate, or to the private sector, of 

$100 million or more in any one year. 

Before promulgating an EPA rule for 

which a written Statement is needed, 

section 205 of the UMRA generally 

requires EPA to identify and consider a 

reasonable number of regulatory 

alternatives and adopt the least costly, 

most cost-effective or least burdensome 

alternative that achieves the objectives 

of the rule. The provisions of section 

205 do not apply when they are 

inconsistent with applicable law. 

Moreover, section 205 allows EPA to 

adopt an alternative other than the least 

costly, most cost-effective or least 

burdensome alternative if the 

Administrator publishes with the final 

rule an explanation why that alternative 

was not adopted. Before EPA establishes 

any regulatory requirements that may 

significantly or uniquely affect small 

governments, including Tribal 

governments, it must have developed 

under section 203 of the UMRA a small 

government agency plan. The plan must 

provide for notifying potentially 

affected small governments, enabling 

officials of affected small governments 

to have meaningful and timely input in 

the development of EPA regulatory 

proposals with significant Federal 

intergovernmental mandates, and 

informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. 

EPA has determined that this rule 

does not contain a Federal mandate that 

may result in expenditures of $100 

million or more for State, local, and 

Tribal governments, in the aggregate, or 

the private sector in any one year. 

Participation by facilities in the 

Performance Track is voluntary, and so 

is participation by State or local 

government agencies. There are no 

significant or unique effects on State, 

local, or Tribal governments. Today’s 

rule is not subject to the requirements 

of sections 202 and 205 of the UMRA. 

E. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that have ‘‘substantial direct 

effects on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government.’’

This final rule does not have 

federalism implications. It will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. This rule makes 

minor corrections to a final rule 

published in April 2004 at 69 FR 21737. 

Executive Order 13132 does not apply 

to this rule. 

Stakeholders, including many States, 

were consulted during the development 

of the Performance Track Program. 

Many suggestions and ideas generated 

by States and other stakeholders 

provided the basis for some of the 

provisions in the performance track 

program. In the spirit of Executive Order 

13132, and consistent with EPA policy 

to promote communications between 

EPA and State and local governments, 

EPA specifically sought comment on the 

2002 proposed rule from State and local 

officials. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 6, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

Tribal officials in the development of 

regulatory policies that have Tribal 

implications.’’ ‘‘Policies that have Tribal 

implications’’ is defined in the 

Executive Order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

government and Indian tribes.’’

This final rule does not have Tribal 

implications. It will not have substantial 

62224 Federal Register / Vol. 69, No. 205 / Monday, October 25, 2004 / Rules and Regulations 

direct effects on Tribal governments, on 

the relationship between the Federal 

government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this rule. In the spirit of 

Executive Order 13175, and consistent 

with EPA policy to promote 

communications between EPA and 

Tribal governments, EPA specifically 

sought additional comment on the 2002 

proposed rule from Tribal officials. 

G. Executive Order 13045: Protection of 

Children From Environmental Health & 

Safety Risks 

Executive Order 13045: ‘‘Protection of 

Children From Environmental Health & 

Safety Risks’’ (62 FR 19885, April 23, 

1997) applies to any rule that: (1) Is 

determined to be ‘‘economically 

significant’’ as defined under Executive 

Order 12866, and (2) concerns an 

environmental health or safety risk that 

EPA has reason to believe may have a 

disproportionate effect on children. If 

the regulatory action meets both criteria, 

the Agency must evaluate the 

environmental health or safety effects of 

the planned rule on children, and 

explain why the planned regulation is 

preferable to other potentially effective 

and reasonably feasible alternatives 

considered by the Agency. 

This final rule is not subject to the 

Executive Order because it is not 

economically significant as defined in 

Executive Order 12866, and because the 

Agency does not have reason to believe 

the environmental health or safety risks 

addressed by this action present a 

disproportionate risk to children. 

H. Executive Order 13211: Actions that 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not a ‘‘significant energy 

action’’ as defined in Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001)) because it is not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy. 

Further, EPA has concluded that this 

rule is not likely to have any adverse 

energy effects. 

I. National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer Advancement Act 

of 1995 (NTTAA), Public Law 104–113, 

section 12(d) (15 U.S.C. 272 note), 

directs all Federal agencies to use 

voluntary consensus standards instead 

of government-unique standards in their 

regulatory and procurement activities, 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (such 

as materials specifications, test 

methods, sampling procedures, business 

practices) that are developed or adopted 

by one or more voluntary consensus 

standards bodies. Examples of 

organizations generally regarded as 

voluntary consensus standards bodies 

include the American Society for 

Testing and Materials (ASTM), the 

National Fire Protection Association 

(NFPA), and the Society of Automotive 

Engineers (SAE). The NTTAA directs 

EPA to provide Congress, through 

annual reports to OMB, with 

explanations when an Agency does not 

use available and applicable voluntary 

consensus standards. 

This final rule does not involve 

technical standards. Thus, the 

provisions of NTTAA do not apply to 

this rule and EPA is not considering the 

use of any voluntary consensus 

standards. 

J. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A Major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). This final 

rule is effective on December 27, 2004. 

VII. Statutory Authority 

The statutory authority for this action 

is provided by sections 2002 and 3002 

of the Solid Waste Disposal Act, as 

amended by the Resource Conservation 

and Recovery Act of 1976, as amended 

by the Hazardous and Solid Waste 

Amendments of 1984 (42 U.S.C. 6912 

and 6922).

VIII. Judicial Review 

Under section 6976(a) of the Resource 

Conservation and Recovery Act, judicial 

review of the RCRA-portion of this final 

rule is available only by the filing of a 

petition for review in the U.S. Court of 

Appeals for the District of Columbia 

Circuit by December 27, 2004. Under 

this same section 6976(a) of RCRA, the 

requirements that are the subject of this 

final rule may not be challenged later in 

civil or criminal proceedings brought by 

us to enforce these requirements.

List of Subjects in 40 CFR Part 262 

Exports, Hazardous materials 

transportation, Hazardous waste, 

Imports, Labeling, Packaging and 

containers, Reporting and recordkeeping 

requirements.

Dated: October 19, 2004. 

Michael O. Leavitt, 

Administrator.

■ 40 CFR part 262 is amended as follows:

PART 262—STANDARDS APPLICABLE 

TO GENERATORS OF HAZARDOUS 

WASTE

■ 1. The authority citation for part 262 

continues to read as follows:

Authority: 42 U.S.C. 6906, 6912, 6922–

6925, 6937, and 6938.

Subpart C—[Amended]

■ 2. Section 262.34 is amended by 

revising paragraphs (j)(3)(i), (j)(3)(ii), and 

(j)(7) to read as follows:

§ 262.34 Accumulation time.

* * * * *

(j) * * * 

(3) * * * 

(i) Containers, in accordance with the 

applicable requirements of subparts I, 

AA, BB, and CC of 40 CFR part 265 and 

40 CFR 264.175; or 

(ii) Tanks, in accordance with the 

applicable requirements of subparts J, 

AA, BB, and CC of 40 CFR part 265, 

except for §§ 265.197(c) and 265.200; or

* * * * *

(7) The generator complies with the 

requirements for owners and operators 

in subparts C and D in 40 CFR part 265, 

with § 265.16, and with § 268.7(a)(5). In 

addition, such a generator is exempt 

from all the requirements in subparts G 

and H of part 265 of this chapter, except 

for §§ 265.111 and 265.114; and

* * * * *

[FR Doc. 04–23842 Filed 10–22–04; 8:45 am] 

BILLING CODE 6560–50–P