79304 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Rules and Regulations 

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 action 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). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by February 18, 

2011. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: December 12, 2010. 

Al Armendariz, 

Regional Administrator, Region 6. 

40 CFR part 81 is amended as follows: 

PART 81—[AMENDED] 

■ 1. The authority citation for part 81 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. In § 81.344 the table entitled 

‘‘Texas—Ozone (8-hour Standard)’’ is 

amended by revising the entries for 

Dallas-Fort Worth, TX and adding a new 

footnote 5 at the end of the table to read 

as follows: 

§ 81.344 Texas. 

* * * * * 

TEXAS—OZONE (8-HOUR STANDARD) 

Designated area 

Designation a Category/classification 

Date 1 Type Date 1 Type 

*******

Dallas-Fort Worth, TX: 

Collin County .............. ........................................... Nonattainment ................... (5) ...................................... Subpart 2/Serious. 

Dallas County ............. ........................................... Nonattainment ................... (5) ...................................... Subpart 2/Serious. 

Denton County ............ ........................................... Nonattainment ................... (5) ...................................... Subpart 2/Serious. 

Ellis County ................. ........................................... Nonattainment ................... (5) ...................................... Subpart 2/Serious. 

Johnson County .......... ........................................... Nonattainment ................... (5) ...................................... Subpart 2/Serious. 

Kaufman County ......... ........................................... Nonattainment ................... (5) ...................................... Subpart 2/Serious. 

Parker County ............. ........................................... Nonattainment ................... (5) ...................................... Subpart 2/Serious. 

Rockwall County ......... ........................................... Nonattainment ................... (5) ...................................... Subpart 2/Serious. 

Tarrant County ............ ........................................... Nonattainment ................... (5) ...................................... Subpart 2/Serious. 

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is June 15, 2004, unless otherwise noted. 

***** 5Effective January 19, 2011. 

*****

[FR Doc. 2010–31885 Filed 12–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 262 

[EPA–HQ–RCRA–2003–0012; FRL–9240–5] 

Technical Corrections to the Standards 

Applicable to Generators of Hazardous 

Waste; Alternative Requirements for 

Hazardous Waste Determination and 

Accumulation of Unwanted Material at 

Laboratories Owned by Colleges and 

Universities and Other Eligible 

Academic Entities Formally Affiliated 

With Colleges and Universities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action for six technical corrections to an 

alternative set of hazardous waste 

generator requirements known as the 

‘‘Academic Laboratories rule’’ or 

‘‘Subpart K’’ which is applicable to 

laboratories owned by eligible academic 

entities. These changes correct errors 

published in the Academic Laboratories 

Final rule, including omissions and 

redundancies, as well as remove an 

obsolete reference to the Performance 

Track program, which has been 

terminated. These technical corrections 

will improve the clarity of the Academic 

Laboratories rule. 

DATES: This rule is effective on March 7, 

2011 without further notice, unless EPA 

receives adverse comment by January 

19, 2011. If EPA receives adverse 

comment, we will publish a timely 

withdrawal in the Federal Register 

informing the public that the specific 

amendments in this Direct Final rule for 

which the Agency received adverse 

comment will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

RCRA–2003–0012 by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: rcra-docket@epa.gov. 

• Fax: 202–566–9794. 

• Mail: RCRA Docket, Environmental 

Protection Agency, Mailcode: 28221T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. 

• Hand Delivery: EPA West Building, 

Room 3334, 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. 


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Instructions: Direct your comments to 

Docket ID No. EPA–HQ–2003–0012. 

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.regulations.gov, 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 http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, 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 

www.regulations.gov, your e-mail 

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. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/dockets. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

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

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the RCRA Docket, EPA/DC, EPA West, 

Room 3334, 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 RCRA Docket is (202) 

566–0270. 

FOR FURTHER INFORMATION CONTACT: 

Kristin Fitzgerald, Office of Resource 

Conservation and Recovery, (5304P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; (703) 308–8286; 

Fitzgerald.Kristin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Why is EPA using a direct final rule? 

EPA is publishing this rule without a 

prior Proposed rule because we view 

this as a noncontroversial action and 

anticipate no adverse comment since 

the changes are minor and consistent 

with the preamble language from the 

Final rule of December 1, 2008 (73 FR 

72912). However, in the ‘‘Proposed 

Rules’’ section of today’s Federal 

Register, we are publishing a separate 

document that will serve as the 

Proposed rule to amend 40 CFR Part 

262, Subpart K if adverse comments are 

received on this Direct Final rule. We 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. For further information about 

commenting on this rule, see the 

ADDRESSES section of this document. 

If EPA receives adverse comment, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that those specific amendments in this 

Direct Final rule for which the Agency 

received adverse comment will not take 

effect, and the reason for such 

withdrawal. We would address all 

public comments in a subsequent Final 

rule based on the Proposed rule. 

Does this action apply to me? 

This Direct Final rule amends Subpart 

K of 40 CFR part 262. Entities 

potentially affected by this action are 

any of the following which generate 

hazardous waste in laboratories: (1) 

Colleges and universities; (2) non-profit 

research institutes that are either owned 

by or have a formal written affiliation 

agreement with a college or university; 

and (3) teaching hospitals that are either 

owned by or have a formal written 

affiliation agreement with a college or 

university. 

NAICS CODES OF ENTITIES POTENTIALLY AFFECTED BY THIS DIRECT FINAL RULE

NAICS codes Description of NAICS code 

Colleges & Universities: 

6112, 61121, 611210 ............................. Junior Colleges. 

6113, 61131, 611310 ............................. Colleges, Universities, and Professional Schools. 

6115, 61151 ........................................... Technical and Trade Schools. 

611519 ................................................... Other Technical and Trade Schools. 

61161, 611610 ....................................... Fine Arts Schools. 

Teaching Hospitals: 

54194, 541940 ....................................... Veterinary Services (Animal Hospitals). 

622 ......................................................... Hospitals. 

6221, 62211, 622110 ............................. General Medical and Surgical Hospitals. 

6222, 62221, 622210 ............................. Psychiatric and Substance Abuse Hospitals. 

6223, 62231, 622310 ............................. Specialty (except Psychiatric and Substance Abuse) Hospitals. 

Non-profit Research Institutes: 

5417, 54171, 541710 ............................. Research and Development in the Physical, Engineering, and Life Sciences. 

54172, 541720 ....................................... Research and Development in the Social Sciences and Humanities. 

What should I consider as I prepare my 

comments for EPA? 

A. Submitting CBI. Do not submit this 

information to EPA through http:// 

www.regulations.gov or e-mail. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information on a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 


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79306 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Rules and Regulations 

accordance with the procedures set 

forth in 40 CFR part 2. 

B. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

Preamble Outline 

I. Statutory Authority 

II. Explanation of Changes 

III. State Authorization 

A. Applicability of Rules in Authorized 

States 

B. Effect on State Authorization 

IV. Statutory and Executive Order Reviews 

A. Regulatory Flexibility Act 

B. Congressional Review Act 

I. Statutory Authority 

These regulations are promulgated 

under the authority of §§ 2002, 3001, 

3002, and 3004 of the Solid Waste 

Disposal Act (SWDA) of 1970, as 

amended by the Resource Conservation 

and Recovery Act (RCRA) of 1976, as 

amended by the Hazardous and Solid 

Waste Amendments of 1984 (HSWA), 42 

U.S.C. 6921, 6922, 6923, and 6924. 

II. Explanation of Changes 

In today’s Direct Final rule, there are 

six technical corrections to the final 

Academic Laboratories rule (also 

referred to as Subpart K), which was 

published in the Federal Register on 

December 1, 2008 (73 FR 72912). 

The first two corrections in today’s 

Direct Final rule are to the definition of 

‘‘central accumulation area,’’ which is in 

the section of the Academic 

Laboratories Final rule entitled 

Definitions for this subpart (§ 262.200). 

First, in the Academic Laboratories 

Final rule, the definition of ‘‘central 

accumulation area’’ included a reference 

to the RCRA hazardous waste generator 

regulations for what are typically called 

‘‘large quantity generators.’’ The 

regulatory reference that was included 

in the Academic Laboratories Final rule 

was § 262.34(a). However, large quantity 

generators are also subject to 

§ 262.34(b), if they accumulate 

hazardous waste for more than 90 days. 

In the Academic Laboratories Final rule, 

we inadvertently omitted that additional 

regulatory reference for large quantity 

generators; therefore, we are adding it in 

today’s Direct Final rule. 

Second, the definition of ‘‘central 

accumulation area’’ included a reference 

to the RCRA hazardous waste generator 

regulations for Performance Track 

members (specifically § 262.34(j) and 

(k)) in order to indicate that eligible 

academic entities that were Performance 

Track members were eligible to use the 

Academic Laboratories rule. However, 

after the Academic Laboratories rule 

became final, EPA’s Performance Track 

program was terminated (74 FR 22742). 

Therefore, we are removing the 

parenthetical statement from the 

definition of ‘‘central accumulation 

area’’ that references the generator 

regulations specifically for Performance 

Track members, since the reference is 

now moot. 

The third correction in today’s Direct 

Final rule is in the section of the 

Academic Laboratories Final rule 

entitled Labeling and management 

standards for containers of unwanted 

material in the laboratory (§ 262.206). 

The regulatory text of the Final rule 

requires that containers of unwanted 

material be kept closed at all times, with 

three exceptions. One of the exceptions 

to the ‘‘closed container rule’’ is when 

adding, removing or consolidating 

unwanted material (§ 262.206(b)(3)(i)). 

In this instance, we use the term 

‘‘consolidating’’ to mean combining the 

contents of several containers into a 

single container. This is often also 

referred to as ‘‘bulking.’’ 

In the preamble to the Final rule (see 

page 72937), we used the term 

‘‘consolidation’’ in a different sense. In 

this instance, we used the term 

‘‘consolidation’’ to mean moving 

containers of unwanted material from 

one laboratory to another laboratory, 

such that containers from multiple 

laboratories can be collected or 

‘‘consolidated’’ to accumulate in one 

laboratory. Under this use of the term, 

the contents of the containers remain in 

their original containers, but the 

location of the containers changes. To 

eliminate confusion caused by using the 

same term in two different ways, in 

§ 262.206(b)(3)(i), we are changing the 

term ‘‘consolidating’’ to ‘‘bulking.’’ 

The fourth correction in today’s Direct 

Final rule is in the section of the 

Academic Laboratories Final rule 

entitled ‘‘Making the hazardous waste 

determination at an on-site interim 

status or permitted treatment, storage or 

disposal facility’’ (§ 262.212). Under 

paragraph (e)(1) of that section, if an 

unwanted material is a hazardous waste, 

an eligible academic entity must ‘‘Write 

the words ‘‘hazardous waste’’ on the 

container label that is affixed or 

attached to the container * * *’’ In a 

parenthetical following the quoted text, 

we inadvertently included the phrase 

‘‘(or on the label that is affixed or 

attached to the container, if that is 

preferred).’’ This parenthetical is 

repetitive of the text immediately 

preceding it in paragraph (e)(1); 

therefore we are amending paragraph 

§ 262.212(e)(1) to eliminate the 

redundant parenthetical phrase. 

The last two corrections in today’s 

Direct Final rule are in the ‘‘Laboratory 

management plan’’ (LMP) section of the 

Academic Laboratories rule (§ 262.214). 

Specifically, eligible academic entities 

that choose to opt into Subpart K are 

required to have a written LMP with 

two parts, and a total of nine elements. 

Part I of the LMP must contain two 

elements, while Part II of the LMP must 

contain seven elements. 

The fifth correction in today’s Direct 

Final rule is in the first element of Part 

I of the LMP (§ 262.214(a)(1)). The 

preamble to the Academic Laboratories 

Final rule makes it clear that we 

intended the first element of Part I of the 

LMP to include just two items, but the 

regulatory language inadvertently made 

it seem like those two items were just 

part of the requirement, rather than the 

entire requirement. Therefore, in 

§ 262.214(a)(1), we are replacing the 

word ‘‘including’’ with the words ‘‘as 

follows’’ in order to make clear our 

intent. In fact, it is in the first element 

of Part II of the LMP (§ 262.214(b)(1)) 

that eligible academic entities must 

include their best intended practices for 

container labeling and management that 

go beyond the two items required in the 

first element of Part I. 

The sixth correction in today’s Direct 

Final rule is in the first element of Part 

II of the LMP (§ 262.214(b)(1)). When 

the Academic Laboratories rule was 

proposed (71 FR 29712), EPA did not 

specifically address in-line containers in 

the container management standards in 

§ 262.206(b). In the Final rule, we added 

§ 262.206(b)(3)(iii)(A) to the container 

management standards, which 

specifically addresses the management 

of in-line containers by allowing venting 


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of a container when it is necessary for 

the proper operation of laboratory 

equipment, such as with in-line 

collection of unwanted materials from 

high performance liquid 

chromatographs. 

When § 262.206(b)(3)(iii)(A) was 

added, we neglected to eliminate the 

redundant requirement that addresses 

in-line containers in the first element of 

Part II of the LMP regulations 

(§ 262.214(b)(1)). Therefore, we are 

eliminating the redundant language 

today. 

III. State Authorization 

A. Applicability of Rules in Authorized 

States 

Under § 3006 of RCRA, EPA may 

authorize a qualified State to administer 

its own hazardous waste program 

within the State in lieu of the Federal 

program. Following authorization, EPA 

retains enforcement authority under 

§§ 3008, 3013, and 7003 of RCRA, 

although authorized States have primary 

enforcement responsibility. The 

standards and requirements for State 

authorization are found at 40 CFR part 

271. 

Prior to enactment of the Hazardous 

and Solid Waste Amendments of 1984 

(HSWA), a State with final RCRA 

authorization administered its 

hazardous waste program entirely in 

lieu of EPA administering the Federal 

program in that State. The Federal 

requirements no longer applied in the 

authorized State, and EPA could not 

issue permits for any facilities in that 

State, since only the State was 

authorized to issue RCRA permits. 

When new, more stringent Federal 

requirements were promulgated, the 

State was obligated to enact equivalent 

authorities within specified time frames. 

However, the new Federal requirements 

did not take effect in an authorized State 

until the State adopted the Federal 

requirements as State law. 

In contrast, under RCRA § 3006(g) (42 

U.S.C. 6926(g)), which was added by 

HSWA, new requirements and 

prohibitions imposed under HSWA 

authority take effect in authorized States 

at the same time that they take effect in 

unauthorized States. EPA is directed by 

the statute to implement these 

requirements and prohibitions in 

authorized States, including the 

issuance of permits, until the State is 

granted authorization to do so. While 

States must still adopt HSWA-related 

provisions as State law to retain final 

authorization, EPA implements the 

HSWA provisions in authorized States 

until the States do so. 

Authorized States are required to 

modify their program only when EPA 

enacts Federal requirements that are 

more stringent or broader in scope than 

the existing Federal requirements. 

RCRA § 3009 allows the States to 

impose standards more stringent than 

those in the Federal program (see also 

40 CFR 271.1). Therefore, authorized 

States may, but are not required to, 

adopt Federal HSWA and non-HSWA 

regulations that are considered (1) less 

stringent or (2) neither more nor less 

stringent than previous Federal 

regulations. 

B. Effect on State Authorization 

These amendments are promulgated 

under non-HSWA RCRA authority. 

These non-HSWA amendments will be 

applicable on the effective date only in 

those States that do not have final 

authorization of their base RCRA 

programs. Authorized States are 

required to modify their programs only 

when EPA promulgates Federal 

regulations that are more stringent or 

broader in scope than the authorized 

State regulations. For those changes that 

are less stringent or reduce the scope of 

the Federal program, States are not 

required to modify their program. This 

is a result of § 3009 of RCRA, which 

allows States to impose more stringent 

regulations than the Federal program. 

Today’s amendments are considered to 

be neither more nor less stringent than 

the current standards. Therefore, 

authorized States, while not required to 

modify their programs to adopt the 

technical corrections discussed above, 

are strongly urged to adopt these 

technical corrections to avoid any 

confusion or misunderstanding by the 

regulated community and the public. 

IV. Statutory and Executive Order 

Reviews 

As explained above, this action makes 

technical corrections to the text of the 

Academic Laboratories rule but does not 

make any substantive change to the 

requirements of that rule. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866: Regulatory 

Planning and Review (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132: Federalism (64 FR 43255, 

August 10, 1999); 

• Does not have Tribal implications 

as specified by Executive Order 13175: 

Consultation and Coordination with 

Indian Tribal Governments (65 FR 

67249, November 9, 2000), because, as 

the rule does not make any substantive 

changes, it will not impose substantial 

direct costs on Tribal governments or 

preempt Tribal law; 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045: Protection of Children from 

Environmental Health and Safety Risks 

(62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211: 

Actions that Significantly Affect Energy 

Supply, Distribution, or Use (66 FR 

28355, May 22, 2001); 

• Does not involve technical 

standards; thus the requirements of 

§ 12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(15 U.S.C. 272) do not apply; and 

• Is one for which the EPA lacks the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898: 

Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

A. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to the notice and comment 

rulemaking 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 rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s regulations at 13 CFR 

121.201; (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-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 


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79308 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Rules and Regulations 

After considering the economic 

impact of today’s Direct 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 action does not create any 

new regulatory requirements, but rather 

makes technical corrections to Subpart 

K of the hazardous waste generator 

regulations. Although this Direct Final 

rule will not have a significant 

economic impact on a substantial 

number of small entities, EPA 

nonetheless has tried to reduce the 

impact of this rule on small entities. 

B. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. section 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 action 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). 

List of Subjects in 40 CFR Part 262 

Environmental protection, Exports, 

Hazardous materials transportation, 

Hazardous waste, Imports, Labeling, 

Packaging and containers, Reporting 

and recordkeeping requirements. 

Dated: December 13, 2010. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

For the reasons set out in the 

preamble, Part 262 of title 40, chapter I 

of the Code of Federal Regulations 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 K—Alternative Requirements 

for Hazardous Waste Determination 

and Accumulation of Unwanted 

Material for Laboratories Owned by 

Eligible Academic Entities 

■ 2. Amend § 262.200 to revise the 

definition of ‘‘central accumulation 

area’’ to read as follows: 

§ 262.200 Definitions for this subpart. 

* * * * * 

Central accumulation area means an 

on-site hazardous waste accumulation 

area subject to either § 262.34(a)–(b) of 

this part (large quantity generators) or 

§ 262.34(d)–(f) of this part (small 

quantity generators). A central 

accumulation area at an eligible 

academic entity that chooses to be 

subject to this subpart must also comply 

with § 262.211 when accumulating 

unwanted material and/or hazardous 

waste. 

* * * * * 

■ 3. Amend § 262.206 to revise 

paragraph (b)(3)(i), to read as follows: 

§ 262.206 Labeling and management 

standards for containers of unwanted 

material in the laboratory. 

* * * * * 

(b) * * * 

(3) * * * 

(i) When adding, removing or bulking 

unwanted material, or 

* * * * * 

■ 4. Amend § 262.212 to revise 

paragraph (e)(1), to read as follows: 

§ 262.212 Making the hazardous waste 

determination at an on-site interim status or 

permitted treatment, storage or disposal 

facility. 

* * * * * 

(e) * * * 

(1) Write the words ‘‘hazardous waste’’ 

on the container label that is affixed or 

attached to the container within 4 

calendar days of arriving at the on-site 

interim status or permitted treatment, 

storage or disposal facility and before 

the hazardous waste may be removed 

from the on-site interim status or 

permitted treatment, storage or disposal 

facility, and 

* * * * * 

■ 5. Amend § 262.214 to revise 

paragraphs (a)(1) introductory text and 

(b)(1), to read as follows: 

§ 262.214 Laboratory management plan. 

* * * * * 

(a) * * * 

(1) Describe procedures for container 

labeling in accordance with 

§ 262.206(a), as follows: 

* * * * * 

(b) * * * 

(1) Describe its intended best 

practices for container labeling and 

management (see the required standards 

at § 262.206). 

* * * * * 

[FR Doc. 2010–31746 Filed 12–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 219 

[Docket No. 2001–11213, Notice No. 14] 

Alcohol and Drug Testing: 

Determination of Minimum Random 

Testing Rates for 2011 

AGENCY: Federal Railroad 

Administration (FRA), DOT. 

ACTION: Notice of Determination. 

SUMMARY: Using data from Management 

Information System annual reports, FRA 

has determined that the 2009 rail 

industry random testing positive rates 

were .037 percent for drugs and .014 

percent for alcohol. Because the 

industry-wide random drug testing 

positive rate has remained below 1.0 

percent for the last two years of data, the 

Federal Railroad Administrator 

(Administrator) has determined that the 

minimum annual random drug testing 

rate for the period January 1, 2011, 

through December 31, 2011, will remain 

at 25 percent of covered railroad 

employees. In addition, because the 

industry-wide random alcohol testing 

violation rate has remained below 0.5 

percent for the last two years, the 

Administrator has determined that the 

minimum random alcohol testing rate 

will remain at 10 percent of covered 

railroad employees for the period 

January 1, 2011, through December 31, 

2011. 

DATES: This notice of determination is 

effective December 20, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Lamar Allen, Alcohol and Drug Program 

Manager, Office of Safety Enforcement, 

Mail Stop 25, Federal Railroad 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

(telephone 202 493–6313); or Kathy 

Schnakenberg, FRA Alcohol/Drug 

Program Specialist, (telephone 816 561– 

2714). 

SUPPLEMENTARY INFORMATION: 

Administrator’s Determination of 2011 

Minimum Random Drug and Alcohol 

Testing Rates 

In a final rule published on December 

2, 1994 (59 FR 62218), FRA announced 


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