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[Federal Register: March 18, 2010 (Volume 75, Number 52)]
[Proposed Rules]               
[Page 13066-13068]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr10-26]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 260, 261, 262, 263, 264, 265, 266, 268, and 270

[EPA-RCRA-2008-0678; FRL-9127-8]
RIN 2050-AG52

 
Hazardous Waste Technical Corrections and Clarifications Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is 
proposing a number of technical changes that would correct or clarify 
several parts of the hazardous waste regulations that relate to 
hazardous waste identification, manifesting, the hazardous waste 
generator requirements, the standards for owners and operators of 
hazardous waste treatment, storage and disposal facilities, the 
standards for the management of specific types of hazardous waste and 
specific types of hazardous waste management facilities, the land 
disposal restrictions program and the hazardous waste permit program.

DATES: Written comments must be received by May 3, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2008-0678, by one of the following methods:
    http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: rcra-docket@epa.gov and oleary.jim@epa.gov. 
Attention Docket ID No. EPA-HQ-RCRA-2008-0678.
     Fax: 202-566-9744. Attention Docket ID No. EPA-HQ-RCRA-
2008-0678.
     Mail: RCRA Docket (2822T), U.S. Environmental Protection 
Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Attention 
Docket ID No. EPA-HQ-RCRA-2008-0678. Please include a total of 2 
copies.
     Hand Delivery: EPA West Building, Room 3334, 1301 
Constitution Ave., NW., Washington, DC. 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. EPA-HQ-RCRA-
2008-0678. 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

[[Page 13067]]

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 http://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/epahome/dockets.htm.
    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 HQ-Docket Center, 
Docket ID No. EPA-HQ-RCRA-2008-0678, 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. A reasonable fee may be charged for copying docket materials.

FOR FURTHER INFORMATION CONTACT: For more information on this 
rulemaking, contact Jim O'Leary, U.S. Environmental Protection Agency, 
Office of Resource Conservation and Recovery (MC:5304P), 1200 
Pennsylvania Avenue, NW., Washington, DC 20460, Phone: 703/308-8827; or 
e-mail: oleary.jim@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Why Is EPA Issuing This Proposed Rule?

    This document proposes a number of technical changes that would 
correct or clarify several parts of the hazardous waste regulations 
that relate to hazardous waste identification, manifesting, the 
hazardous waste generator requirements, the standards for owners and 
operators of hazardous waste treatment, storage and disposal 
facilities, the standards for the management of specific types of 
hazardous waste and specific types of hazardous waste management 
facilities, the land disposal restrictions program, and the hazardous 
waste permit program. In the ``Rules and Regulations'' section of this 
Federal Register, EPA is making these technical changes as a Direct 
Final rule without a prior proposed rule because we view this as a 
noncontroversial action and anticipate no adverse comment. We have 
explained our reasons for this action in the preamble to the Direct 
Final rule. If we receive no adverse comment on any of the individual 
technical changes we are promulgating today, we will not take further 
action on this proposed rule. If, however, we receive such comment, we 
will publish a timely withdrawal in the Federal Register to notify the 
public that those paragraphs or amendments of the Direct Final rule for 
which the Agency received adverse comment will not take effect, and the 
reason for such withdrawals. We do not intend to institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time. For further information, please see the 
information provided in the ADDRESSES section of this document.

II. Does This Action Apply to Me?

    Entities potentially affected by this action include facilities 
subject to the RCRA hazardous waste regulations and States implementing 
the RCRA hazardous waste regulations.

III. Statutory and Executive Order Reviews

    For a complete discussion of all the administrative requirements 
applicable to this action, see the Direct Final rule in the Rules and 
Regulations section of this Federal Register.

A. The 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 Administrations' 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.
    After considering the economic impact of today's proposed 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 corrects 
typographical errors and incorrect citations, and makes conforming 
changes (where they have not been made previously) to all applicable 
parts of the hazardous waste regulations.
    Although this proposed 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.

List of Subjects

40 CFR Part 260

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Reporting and 
recordkeeping requirements.

40 CFR Part 261

    Environmental protection, Hazardous waste, Recycling, Reporting and 
recordkeeping requirements.

40 CFR Part 262

    Environmental protection, Exports, Hazardous materials 
transportation, Hazardous waste, Imports, Labeling, Packaging and 
containers, Reporting and recordkeeping requirements.

40 CFR Part 263

    Environmental protection, Hazardous materials transportation, 
Hazardous Waste, Reporting and recordkeeping requirements.

[[Page 13068]]

40 CFR Part 264

    Environmental protection, Air pollution control, Hazardous waste, 
Insurance, Packaging and containers, Reporting and recordkeeping 
requirements, Security measures, Surety bonds.

40 CFR Part 265

    Environmental protection, Air pollution control, Hazardous waste, 
Insurance, Packaging and containers, Reporting and recordkeeping 
requirements, Security measures, Surety bonds, Water supply.

40 CFR Part 266

    Environmental protection, Energy, Hazardous waste, Recycling, 
Reporting and recordkeeping requirements.

40 CFR Part 268

    Environmental protection, Hazardous waste, Reporting and 
recordkeeping requirements.

40 CFR Part 270

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Reporting and recordkeeping requirements, Water 
pollution control, Water supply.

    Dated: March 10, 2010.
Lisa P. Jackson,
Administrator.
[FR Doc. 2010-5697 Filed 3-17-10; 8:45 am]
BILLING CODE 6560-50-P
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