Vol. 80 Friday, 

No. 186 September 25, 2015 

Part II 

Environmental Protection Agency 

40 CFR Parts 260, 261, 262, et al. 

Hazardous Waste Generator Improve; Proposed Rule 

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57918 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 260, 261, 262, 263, 264, 

265, 268, 270, 273, and 279 

[EPA–HQ–RCRA–2012–0121; FRL 9924–07– 

OSWER] 

RIN 2050–AG70 

Hazardous Waste Generator 

Improvements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or the Agency) is 

proposing to revise the hazardous waste 

generator regulations under the 

Resource Conservation and Recovery 

Act (RCRA) to improve compliance and 

thereby enhance protection of human 

health and the environment. 

Specifically, EPA proposes to revise 

certain components of the hazardous 

waste generator regulatory program; 

address gaps in the regulations; provide 

greater flexibility for hazardous waste 

generators to manage their hazardous 

waste in a cost-effective and protective 

manner; reorganize the hazardous waste 

generator regulations to make them 

more user-friendly and thus improve 

their usability by the regulated 

community; and make technical 

corrections and conforming changes to 

address inadvertent errors, remove 

obsolete references to programs that no 

longer exist, and improve the readability 

of the regulations. 

These proposed changes are both a 

result of EPA’s experience in 

implementing and evaluating the 

hazardous waste generator program over 

the last 30 years, as well as a response 

to concerns and issues identified by the 

states and regulated community. 

DATES: Comments must be received on 

or before November 24, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

RCRA–2012–0121, to the Federal 

eRulemaking Portal: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or withdrawn. The EPA may 

publish any comment received to its 

public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e. on the web, 

cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Jim 

O’Leary, U.S. Environmental Protection 

Agency, Office of Resource 

Conservation and Recovery, (MC: 

5304P), 1200 Pennsylvania Ave. NW., 

Washington, DC 20460, (703) 308–8827, 

(oleary.jim@epa.gov) or Kathy Lett, U.S. 

Environmental Protection Agency, 

Office of Resource Conservation and 

Recovery, (MC: 5304P), 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460, (703) 605–0761, (lett.kathy@

epa.gov). 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

Entities potentially affected by this 

action include between 353,000 and 

543,000 industrial entities that generate 

hazardous waste regulated under the 

RCRA Subtitle C regulations. Of this 

universe, between 293,000 and 470,000 

are conditionally exempt small quantity 

generators (CESQGs) that will only be 

affected if they choose to take advantage 

of two voluntary programs being 

proposed. Entities potentially affected 

by this proposed rule include 

practically every industrial sector, 

including printing, petroleum refining, 

chemical manufacturing, plastics and 

resin manufacturing, pharmaceutical 

manufacturing, paint and coatings, iron 

and steelmaking, secondary smelting 

and refining, metal manufacturing, 

electroplating, circuit board 

manufacturing, and automobile 

manufacturing, among other industries. 

As discussed in section XVIII, the 

Regulatory Impact Analysis (RIA) for 

this action, available in the docket for 

this action, estimates the future 

annualized cost to industry to comply 

with the proposed requirements is 

between $6.2 and $17.4 million (at a 7% 

discount rate). The annualized benefits 

for entities opting to take advantage of 

two voluntary programs in the proposed 

rule (e.g., consolidation of CESQG waste 

by large quantity generators (LQGs) 

under the same ownership, and 

generators who change regulatory status 

episodically) is between $6.2 and $12.2 

million (at a 7% discount rate) resulting 

in a net annualized cost of between $0.1 

million and $5.2 million. 

The proposed Hazardous Waste 

Generator Improvements Rule is 

expected to yield a variety of benefits as 

generators change several of their waste 

management practices to comply with 

the proposed regulations. These benefits 

reflect the rule’s focus on enhancing 

protection of human health and the 

environment while improving the 

efficiency of the RCRA hazardous waste 

generator standards. Ideally, the Agency 

would prefer to quantify and monetize 

the rule’s total benefits. However, only 

some categories of benefits are 

quantifiable. For the majority of 

benefits, sufficient data are not available 

to support a detailed quantitative 

analysis. For example, the added 

flexibility from allowing a large quantity 

generator accumulating ignitable or 

reactive hazardous waste to obtain a 

waiver from the local fire department 

for 50-foot property line requirement at 

40 CFR 265.176 (provided other safety 

requirements are met) is difficult to 

quantify. In addition, quantifying the 

benefits associated with emergency 

response due to changes in container 

labeling would require data on the 

annual number of emergencies at 

generator sites, the current risks 

associated with these incidents, the 

extent to which more detailed labeling 

would affect the procedures of 

emergency responders, and the 

reduction in risk associated with these 

changes. Detailed data on these items 

are not readily available. In this and in 

similar cases, the benefits are described 

qualitatively. 

B. Incorporation by Reference (IBR) 

This action is not proposing to add 

any new IBR material, however, we are 

proposing to reorganize one of the 

existing requirements containing IBR 

material to make the regulation easier 

for the reader to follow. We are 

proposing to copy § 265.201(g)(2) to 

§ 262.16(b)(3)(vii)(B). To accommodate 

this change, we are proposing to update 

§ 260.11(d)(1), which is the IBR 

reference section for these regulations, 

by adding a reference to § 262.16. The 

materials for which we are seeking 

incorporation by reference are for the 

NFPA 30 standard, Flammable and 

Combustible Liquids Code, and are 

available for inspection at the ANSI 

Incorporation by Reference (IBR) Portal, 

http://ibr.ansi.org. Copies may be 

obtained from the National Fire 

Protection Association, 1 Batterymarch 

Park, Quincy, MA 02269. (For ordering 

information, call toll-free 1–800–344– 

3555.) 

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Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules 57919 

1Summary of Hazardous Waste Generator 

Regulatory Program Evaluation, November 2004. 

See also public comments in Docket ID No. EPA– 

HQ–RCRA–2003–0014. 

2Hazardous Waste Determination Program 

Evaluation, IEc, April 2013. http://www.epa.gov/

evaluate/pdf/waste/haz-waste-determination.pdf. 

II. Statutory Authority 

These regulations are proposed under 

the authority of sections 2002, 3001, 

3002, 3003, 3004, 3007, and 3010 of the 

Solid Waste Disposal Act of 1965, as 

amended by the Resource Conservation 

and Recovery Act of 1976 (RCRA), as 

amended by the Hazardous and Solid 

Waste Amendments of 1984 (HSWA), 42 

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

statute is commonly referred to as 

‘‘RCRA.’’ 

III. What is the intent of this proposal? 

EPA is proposing to revise the 

hazardous waste generator regulations 

under RCRA to improve compliance by 

the regulated community and support 

the efficient implementation of the 

hazardous waste generator regulations 

by EPA and the states and, thereby 

enhance protection of human health and 

the environment. Specifically, EPA 

proposes to (1) revise certain 

components of the hazardous waste 

generator regulatory program, primarily 

at 40 CFR 261.5 and 40 CFR part 262; 

(2) address identified gaps in the 

regulations; (3) provide greater 

flexibility for hazardous waste 

generators to manage their hazardous 

waste in a cost-effective and protective 

manner; (4) reorganize the hazardous 

waste generator regulations to make 

them more user-friendly and thus 

improve their usability by the regulated 

community; and (5) make technical 

corrections and conforming changes to 

address inadvertent errors, remove 

obsolete programs, and improve the 

readability of the regulations. 

These proposed changes are a result 

of EPA’s experience in implementing 

and evaluating the hazardous waste 

generator program over the last 30 years, 

as well as a response to concerns and 

issues identified by the states and 

regulated community. 

The hazardous waste generator 

regulatory program was originally 

promulgated in 1980. Over the course of 

the last 30 plus years, the Agency, 

through experience with implementing 

the program, and in various meetings, 

correspondence, and discussions with 

the states and the regulated community, 

has become aware of ambiguities, 

inconsistencies, gaps, and a lack of 

flexibility in the regulations, which, if 

revised, could result in a program that 

is more effective in protecting human 

health and the environment. Many of 

these problems were identified in a 

2004 program evaluation of the 

hazardous waste generator program 

conducted by EPA.1 In 2013, a separate 

EPA program evaluation addressing 

hazardous waste determinations also 

identified a number of problems related 

to generators being able to make a 

proper hazardous waste determination.2

Several of the proposed provisions are 

also responsive to the 2014 Notice of 

Data Availability that EPA issued on the 

retail sector asking for comment on 

hazardous waste management practices 

in that sector and on challenges they 

face in complying with RCRA (79 FR 

8926, February 14, 2014). 

Many of the changes in this proposal 

are revisions to existing rules designed 

to improve generator compliance 

without any increase in burden. For 

example, the Agency has inconsistently 

addressed the situation where a 

generator generates both acute and nonacute hazardous waste in a calendar 

month. This inconsistency has resulted 

in uncertainty for the generator 

regarding what generator category, and 

thus which regulatory provisions, 

would apply during that calendar 

month. This proposal addresses the 

problem. The Agency is also proposing 

to replace the phrase ‘‘conditionally 

exempt small quantity generator’’ 

(CESQG) with the phrase ‘‘very small 

quantity generator’’ (VSQG) so as to be 

consistent with the other two generator 

categories—large quantity generators 

(LQGs) and small quantity generators 

(SQGs). 

Another area of the program that 

needs revision is the closure regulations 

for hazardous waste generators under 

§ 262.34(a)(1). The regulations do not 

expressly specify whether closure 

provisions apply to generators 

accumulating hazardous waste in 

containment buildings only or also to 

hazardous waste accumulated in 

containers, tanks and on drip pads. This 

notice proposes to revise the closure 

provisions to address these and other 

concerns. 

The Agency is also proposing changes 

to improve flexibility for generators of 

hazardous wastes. One example is the 

proposal to enhance flexibility by 

allowing conditionally exempt small 

quantity generators (CESQGs) to send 

hazardous waste to an LQG that is under 

the control of the same person, provided 

certain conditions are met. Numerous 

situations exist in industry, government, 

and academia where an organization 

with satellite locations that qualify as 

CESQGs could take advantage of this 

provision in order to consolidate and 

manage the hazardous waste in an 

environmentally sound manner. In 

addition, this proposal addresses the 

concern that some generators, such as 

generators located in urban 

environments, may find it difficult to 

meet the independent requirement that 

containers holding ignitable or reactive 

waste must be placed 15 meters (50 feet) 

from the site’s property line. To build in 

flexibility, while maintaining protection 

of human health and the environment, 

we are proposing to allow generators to 

apply for a waiver from this requirement 

from their local fire department or 

emergency response organization, and if 

approved, maintain documentation of 

that agreement. 

The Agency is also proposing to 

reorganize the hazardous waste 

generator regulations to make them 

more user-friendly for various 

stakeholders. For example, the current 

CESQG regulations are found at § 261.5, 

while the regulations for SQGs and 

LQGs are found in 40 CFR part 262. For 

convenience and ease of use, the 

Agency is proposing to move all the 

generator regulations into 40 CFR part 

262. As a result of this reorganization, 

EPA is proposing to make a number of 

conforming changes to other parts of the 

regulations that cite particular sections 

of the part 262 regulations. 

Lastly, the Agency is proposing to 

make several technical corrections that 

address inadvertent errors in the 

regulations, obsolete programs, and 

outdated citations. 

IV. What is the scope of this proposal? 

EPA is proposing to revise the 

hazardous waste generator regulations, 

primarily at 40 CFR 261.5 and 

throughout 40 CFR part 262. The 

Agency is also proposing some changes 

to parts 260, 263, 264, 265, 268, 270, 

273, and 279 mostly for the purposes of 

maintaining consistency with the 

proposed changes in part 262. 

The preamble discussion of these 

proposed changes is organized by where 

the existing regulations currently appear 

in the Code of Federal Regulations 

(CFR). The preamble to this proposed 

rule first addresses changes to the 

substance of the existing generator 

provisions, as well as a number of 

related changes (sections VI through 

XII). These proposed revisions are 

discussed using existing regulatory 

citations to make the discussion easier 

to understand by those already familiar 

with the hazardous waste generator 

regulations. In the cases where the 

Agency is proposing to revise a 

regulation and is also proposing to move 

it as part of the reorganization, the new 

citation for the provision in the 

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57920 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules 

3 Despite this proposed change, in the preamble, 

EPA will continue refer to this category as CESQGs 

to make it easier to follow the other changes to the 

generator being proposed. We will use the term 

‘‘VSQG’’ when directly quoting proposed regulatory 

text. This change is discussed fully in section VI of 

this preamble. 

proposed regulatory text is provided at 

the end of that section of preamble 

discussion. 

Following those sections, a discussion 

of the proposed reorganization of the 

hazardous waste generator regulations is 

presented (section XIII), including 

where the existing regulatory sections 

would be located in the proposed 

reorganization. As part of this 

discussion, we have provided a 

crosswalk table that compares where a 

particular regulatory section is currently 

in the regulations and where it would 

appear under the proposed 

reorganization. 

Finally, a number of technical 

corrections are discussed (section XIV). 

A. Proposed Revisions to 40 CFR Part 

260—Hazardous Waste Management 

System: General 

EPA is proposing to revise the 

definition of ‘‘small quantity generator’’ 

and add definitions for the other two 

generator categories as well as a 

definition for ‘‘central accumulation 

area’’ in § 260.10. In addition, we 

propose to change the name of the 

‘‘conditionally exempt small quantity 

generator’’ category to ‘‘very small 

quantity generator’’ or VSQG.3 These 

proposed changes are discussed in 

section VI of this preamble. 

B. Proposed Revisions to 40 CFR Part 

261—Identification and Listing of 

Hazardous Waste 

EPA is proposing four changes to the 

regulations currently in 40 CFR part 

261. First, EPA is proposing to add a 

new provision that would explain what 

generator category would apply to a 

generator that generates both acute and 

non-acute hazardous waste in the same 

calendar month. Second, the Agency is 

proposing to revise the regulations at 

§§ 261.5(h) and (i) and 261.3 that 

address the mixing of a non-hazardous 

waste with a hazardous waste. Third, to 

make waste management more efficient 

in some cases and improve 

environmental protection, the Agency is 

proposing to amend § 261.5(f)(3) and 

(g)(3) to allow CESQGs to send their 

hazardous waste to LQGs that are 

operated under control of the same 

person. Under this proposal, a CESQG 

that wants to take advantage of this 

provision would need to comply with 

the proposed requirements. Finally, the 

Agency is proposing to amend § 261.6(c) 

to require biennial reporting for owners 

or operators of facilities that recycle but 

do not store hazardous waste before the 

recycling. 

These proposed changes are discussed 

in section VII of this preamble. 

C. Proposed Revisions to 40 CFR Part 

262—Standards Applicable to 

Generators of Hazardous Waste 

EPA is proposing a number of changes 

to the regulations for generators of 

hazardous waste at 40 CFR part 262 to 

improve the understanding of the RCRA 

generator regulations in order to 

encourage increased compliance by the 

regulated community. These proposed 

changes include the following: 

• Revising the scope and applicability 

section to distinguish between 

independent requirements and 

conditions for exemption for generators 

of hazardous waste. 

• Revising the regulations for making 

hazardous waste determinations; 

• Requiring re-notification by SQGs 

and LQGs; 

• Revising the regulations for labeling 

and marking of containers, tanks, drip 

pads, and containment buildings when 

accumulating hazardous wastes; 

• Revising the closure provisions for 

LQGs; 

• Updating the preparedness, 

prevention, planning and emergency 

procedures provisions for SQGs and 

LQGs; 

• Revising the provisions for satellite 

accumulation areas (SAA) for SQGs and 

LQGs; 

• Revising the SQG regulations for 

accumulating hazardous waste on drip 

pads; 

• Deleting obsolete regulations that 

refer to the Performance Track program; 

• Revising the biennial reporting 

provisions for LQGs; 

• Adding a provision that hazardous 

waste generators are prohibited from 

disposing liquid hazardous waste in 

landfills. 

These proposed changes to the 

generator regulations in part 262 are 

discussed in section VIII of this 

preamble. 

D. Proposed Addition to 40 CFR Part 

262 for Generators That Temporarily 

Change Generator Category as a Result 

of an Episodic Event 

To provide greater program flexibility, 

EPA is proposing to allow a CESQG or 

an SQG to maintain its existing 

generator category in the event of either 

a planned or unplanned episodic event 

in which the CESQG or SQG generates 

a quantity of hazardous waste in a 

calendar month that would otherwise 

bump the CESQG or SQG into a more 

stringent generator regulatory category 

(e.g., CESQG to either an SQG or an 

LQG, or alternatively an SQG to an 

LQG), provided certain conditions are 

met. Because these events would be 

temporary and episodic in nature, the 

generator would only be allowed to take 

advantage of this provision once every 

calendar year. Generators may also 

petition EPA or the authorized state to 

request permission to initiate a second 

episodic event during a calendar year. 

This proposed addition to the 

regulations is discussed in section IX of 

this preamble. 

E. Proposed Revisions to 40 CFR Part 

263—Standards Applicable to 

Transporters of Hazardous Waste 

To improve environmental protection, 

EPA is proposing to revise the marking 

and labeling standards for transporters 

to be consistent with the proposed 

marking and labeling standards for 

containers for SQGs, LQGs, and satellite 

accumulation areas elsewhere in this 

proposal. 

These proposed changes are discussed 

in section X of this preamble. 

F. Proposed Revisions to 40 CFR Parts 

264 and 265—Standards for Owners 

and Operators of Hazardous Waste 

TSDFs and Interim Status Standards for 

Owners and Operators of Hazardous 

Waste TSDFs 

The Agency is proposing 

modifications to the biennial reporting 

provisions in 40 CFR parts 264 and 265 

to specifically include facilities 

receiving hazardous wastes without a 

permit, such as reclaimers that do not 

store incoming materials and reclaimers 

operating under a variance. EPA is also 

proposing to modify the special 

conditions for ignitable and reactive 

wastes at § 265.176 to allow LQGs to 

apply for a waiver from their local fire 

departments if they are unable to meet 

the condition that hazardous waste be 

stored at least 15 meters (50 feet) from 

the site’s boundary. 

These proposed changes are discussed 

in section XI of this preamble. 

G. Proposed Revisions to 40 CFR Part 

268—Land Disposal Restrictions 

EPA is proposing to revise the 

marking and labeling requirements at 

§ 268.50 to be consistent with the 

proposed marking and labeling 

standards for containers at SQGs, LQGs, 

and satellite accumulation areas 

elsewhere in this proposal. These 

proposed changes are discussed in 

section XII of this preamble. 

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4 Known as the Small Quantity Generator rule. 

5Land Disposal Restrictions, http://www.epa.gov/ 

osw/hazard/tsd/ldr/index.htm. 

6One of the technical corrections EPA is 

proposing with this rulemaking is to replace the 

word ‘‘waste’’ in this definition with the word 

‘‘water.’’ This would return the definition to what 

it read before it was changed, we believe 

accidentally, in 1985. See section XIV of this 

preamble for a discussion of the proposed technical 

corrections. 

7Note that the exemptions provided by the 

regulations are not just for a permit exemption. The 

exemption is also from RCRA section 3004(a)(1)–(6) 

regulations; i.e., the regulations in 262 and 264, 267, 

etc. 

H. Proposed Reorganization of 

Hazardous Waste Generator Regulations 

In addition to the proposed program 

changes outlined in this notice, EPA is 

proposing to reorganize the regulations 

for hazardous waste generators to 

consolidate most of the generator 

regulations into 40 CFR part 262 and 

reduce cross-referencing where possible. 

EPA believes this reorganization will 

assist CESQGs, SQGs, and LQGs in 

understanding their regulatory 

responsibilities. 

The reorganization is discussed after 

completion of the other proposed 

changes in this proposal so that readers 

can more easily compare the existing 

regulatory framework with this 

proposal. 

The reorganization is discussed in 

section XIII of this preamble. 

I. Technical Corrections and 

Conforming Changes to 40 CFR Parts 

260 Through 265, 270, 273, and 279 

The Agency is proposing a number of 

technical corrections and conforming 

changes to correct existing errors in the 

hazardous waste generator regulations, 

as well as in other areas of the 

hazardous waste regulations, such as 

typographical mistakes, incorrect or 

outdated citations, and omissions of 

text. In addition, EPA is proposing 

technical changes to address the 

impacts of reorganizing the hazardous 

waste regulations. 

These changes are discussed in 

section XIV of this preamble. 

J. Request for Comment on Use of 

Electronic Tools To Streamline 

Hazardous Waste Reporting and 

Recordkeeping Requirements 

As part of this proposed rule, the 

Agency is also exploring the feasibility 

of using electronic tools to streamline 

the hazardous waste recordkeeping and 

reporting requirements. EPA requests 

comment on the usefulness of such tools 

to help the regulated community 

comply with the recordkeeping and 

reporting requirements in the RCRA 

hazardous waste regulations. 

This request for comment is discussed 

in section XV of this preamble. 

V. Background 

A. History of the Hazardous Waste 

Generator Program 

As originally promulgated in 1980, 

the basic regulatory framework for 

hazardous waste generators consisted of 

two categories: Small quantity 

generators (SQGs) and large quantity 

generators (LQGs). Since then, there 

have been three major changes. First, as 

a result of the Hazardous and Solid 

Waste Amendments (HSWA) of 1984, a 

rule was promulgated that created a 

third generator category by splitting the 

SQG category in two and creating 

conditionally exempt small quantity 

generators (CESQGs). (51 FR 10146, 

March 24, 1986).4

Second, also as a result of HSWA, the 

Land Disposal Restriction (LDRs) 

regulations required hazardous waste 

generators to ensure that their 

hazardous waste either met a specified 

treatment standard or performance 

standard, or, if not, was treated to 

specified concentrations or performance 

standards prior to land disposal.5

Third, the Agency modified the 

Uniform Hazardous Waste Manifest 

regulations and associated manifest 

document used to track hazardous waste 

from a generator’s site to its ultimate 

disposition (70 FR 10776, March 4, 

2005; 70 FR 35034, June 16, 2005). The 

revisions to the Uniform Hazardous 

Waste Manifest standardized the 

content and appearance of the manifest 

form, made the forms available from a 

greater number of sources, and adopted 

new procedures for tracking certain 

types of hazardous waste shipments 

with the manifest. Otherwise, the 

changes that have occurred to the 

hazardous waste generator regulatory 

program have been, for the most part, 

relatively minor. 

B. The Current Hazardous Waste 

Generator Regulations 

1. Determining Generator Category 

The hazardous waste generator 

regulatory program is structured around 

the quantity of hazardous waste a 

person (or generator) generates in a 

calendar month (by site). The quantity 

of hazardous waste generated 

determines a generator’s category for the 

month, which in turn determines what 

requirements are applicable to the 

generator (including determining how 

the generator can qualify for an 

exemption from other regulations, such 

as having to get a storage permit). 

The three generator categories—LQG, 

SQG, and CESQG—are based on the 

quantities of acute and non-acute 

hazardous waste generated by the 

generator. 

For non-acute hazardous waste, the 

thresholds are as follows: 

—LQGs generate 1,000 kilograms or 

greater of hazardous waste in a calendar 

month. 

—SQGs generate greater than 100 

kilograms but less than 1,000 kilograms 

of hazardous waste in a calendar month; 

and 

—CESQGs generate no more than 100 

kilograms of hazardous wastes in a 

calendar month. 

For acute hazardous waste, the 

regulations at 40 CFR 261.5(e) state that 

if a generator generates acute hazardous 

waste in a calendar month in quantities 

greater than a total of one kilogram of 

acute hazardous waste listed in § 261.31 

or 261.33(e) or a total of 100 kilograms 

of any residue or contaminated soil, 

waste, or other debris resulting from the 

cleanup of a spill of any acute 

hazardous waste listed in § 261.31 or 

261.33(e), then all quantities of that 

acute hazardous waste are subject to the 

full set of LQG requirements.6

In order to determine what 

requirements are applicable, a generator 

must first identify all the hazardous 

waste it generates subject to regulation 

using the four-step process below: 

1. Determine whether the material is 

a solid waste subject to RCRA 

regulations at § 261.2; 

2. If the material is a solid waste, then 

determine whether the solid waste is 

specifically excluded from regulation by 

examining the exclusions at § 261.4(a) 

and (b); 

3. If not excluded, then determine 

whether the solid waste is a hazardous 

waste at § 262.11; and 

4. If the material is a hazardous waste, 

then determine whether it is exempt 

from being counted towards its 

generator category by reviewing the 

exemptions at § 261.5(c) and (d). 

Once that is completed, the generator 

must count the amount of regulated 

hazardous waste generated during the 

calendar month to determine its 

generator category. 

Once a generator determines its 

generator category for the month, it then 

must manage the hazardous waste it 

generates and accumulates in a manner 

that complies with specified 

requirements, including requirements 

that qualify the generator for an 

exemption from having to obtain a 

permit.7 Therefore, determining a 

generator’s category is essential to 

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57922 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules 

8EPA is proposing to make the distinction 

between ‘‘independent requirement’’ and 

‘‘condition for exemption’’ more clear by placing 

definitions of these terms in the regulations at 

§ 262.1. See section VIII.A.1 for additional 

discussion. 

9Under this proposed rule these conditions for 

exemption would be moved to proposed sections 

§§ 262.14 through 262.17. 

10See 40 CFR 270.2 (‘‘hazardous waste 

management facility’’). 

determining the part 262 requirements a 

generator must comply with. 

2. Types of Generator Standards: 

Requirements and Conditions 

When RCRA was enacted in 1976, the 

law did not explicitly address whether 

a permit would be required for 

generators accumulating hazardous 

wastes. However, it was clear in the 

legislative history of RCRA that 

Congress did not want to interfere with 

commerce and impose permitting 

requirements on every generator who 

accumulated hazardous wastes. 

Therefore, Congress deferred to EPA in 

how it would reconcile this issue. When 

EPA developed the regulations 

applicable to generators, it established 

two types of requirements for them: (1) 

Independent requirements that would 

apply to generators regardless of 

whether or not they choose to obtain an 

exemption from the permit requirement 

and from other applicable requirements 

(‘‘independent requirements’’); and (2) 

requirements to meet in order to achieve 

the specific purpose of obtaining such 

an exemption from permitting and from 

other applicable requirements 

(‘‘conditions for exemption’’). 

An ‘‘independent requirement’’ in the 

context of the RCRA hazardous waste 

generator regulations is an unqualified 

standard. For example, the requirements 

of 40 CFR part 262 subpart D 

(Recordkeeping and Reporting), and the 

requirements in §§ 262.30 through 

262.33, are among the independent 

requirements applicable to generators. If 

a generator violates an independent 

requirement, it may be subject to an 

enforcement action under section 3008 

of RCRA. Unlike conditions for an 

exemption, independent requirements 

have no direct relationship to the option 

of obtaining or maintaining an 

exemption from certain RCRA 

regulations.8

A ‘‘condition for exemption,’’ on the 

other hand, is a prerequisite that is 

necessary to occur or be met in order for 

something else to take legal effect. Thus, 

in the context of the RCRA hazardous 

waste generator regulations, a RCRA 

‘‘condition for exemption’’ is a 

requirement that a generator must 

comply with in order to obtain or 

maintain an exemption from RCRA 

permitting requirements in part 270 and 

the requirements in part 264 or part 265. 

For example, a conditionally exempt 

small quantity generators (CESQGs) 

must meet a condition for exemption in 

order for its hazardous waste to be 

exempt from the requirements in parts 

124, 262 through 266, 268, or 270, or 

from any requirement for notification 

under section 3010 of RCRA for its 

hazardous waste. A CESQG that fails to 

meet all of the conditions for an 

exemption for CESQGs in § 261.5 would 

now be subject to all these 

requirements. 

The conditions for exemption 

available to large and small quantity 

generators are found in the current 

regulations at § 262.34.9 Should a small 

quantity generator or large quantity 

generator fail to meet all the conditions 

for an exemption, it would not only be 

subject to having to obtain a permit 

under part 270 but also to the 

requirements in part 264 or part 265. 

As stated above, complying with the 

conditions for exemption is not required 

because it is not mandatory for a 

generator to obtain and maintain an 

exemption from RCRA permitting 

requirements. Instead, when a generator 

does not comply with a certain 

condition or conditions for exemption, 

the consequence is that the generator 

either fails to obtain—or loses—the 

exemption from the RCRA permitting 

requirements (unless it has complied 

with all of the conditions for a different 

applicable exemption from those 

requirements). This means that, because 

there is no exemption, permitting 

requirements become applicable to the 

generator for the same time period that 

the generator is out of compliance with 

the conditions for exemption. 

3. Types of Conditional Exemptions 

The current RCRA regulations afford 

generators two types of conditional 

exemptions: (1) An exemption from 

most of the 40 CFR part 262 

requirements, available to farmers and 

to CESQGs, and (2) an exemption from 

40 CFR parts 124, 264 through 268, 270, 

and 279 requirements, and from the 

notification requirements of section 

3010 of RCRA, available to SQGs and 

LQGs that accumulate hazardous waste. 

The first conditional exemption is 

available only to farmers and CESQGs. 

With respect to farmers, this conditional 

exemption is found in part 262 subpart 

G and is limited to waste pesticides that 

are RCRA hazardous wastes that the 

farmer generates, provided the farmer 

triple rinses each emptied pesticide 

container in accordance with 

§ 261.7(b)(3) and disposes of the 

pesticide residues on his own farm in a 

manner consistent with the disposal 

instructions on the pesticide label. This 

exemption from part 262 relieves 

farmers and CESQGs from the 

requirements related specifically to the 

generation, management, and 

transportation of hazardous wastes 

provided such waste meets certain 

conditions, including that the waste is 

treated or disposed of on site or is 

delivered to an off-site treatment, 

storage, or disposal facility which is 

located in the United States and is one 

of seven specified types of facilities. 

Provided the farmer and/or CESQG 

meets these conditions, they are not 

subject to the 40 CFR part 262, as well 

as other hazardous waste management 

requirements. 

The second type of conditional 

exemption relieves generators that 

accumulate hazardous waste from the 

permitting and other requirements 

applicable to treatment, storage, and 

disposal facilities and makes temporary 

accumulation of hazardous waste 

possible for generators and is found in 

§ 262.34. In EPA’s experience, virtually 

every generator accumulates or stores its 

hazardous waste on site for some period 

before sending it to either an on-site or 

off-site permitted or interim status 

treatment storage or disposal facility 

(TSDF) or other RCRA-authorized 

disposal site. However, provided the 

generator meets the conditions in this 

exemption, they would not be subject to 

the permitting requirements and 

operations requirements applicable to a 

hazardous waste management facility 

for storage, or a ‘‘storage facility.’’ 10

The generator regulations in part 262, 

therefore, are made up of both 

independent requirements and 

conditions for exemptions. All 

generators are subject to at least one 

requirement in part 262 (i.e., making a 

hazardous waste determination); 

however, the total number of part 262 

requirements applicable to a generator 

depends on the total quantity of 

hazardous waste it generates each 

calendar month and therefore what 

generator category it is for that month. 

All generators can choose the extent of 

their regulation under RCRA by either 

meeting, or failing to meet, all of the 

conditions for an exemption from 

regulation as a storage facility. 

Of all the generators, LGQs are subject 

to the most independent requirements. 

The current regulations at § 262.34(a) 

are quite clear for LQGs where they state 

that a generator may accumulate 

hazardous waste on-site for 90 days or 

less without a permit or without having 

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11Making a correct hazardous waste 

determination is a condition for the exemption for 

CESQGs but an independent requirement for SQGs 

and LQGs. 

12A CESQG may send hazardous waste to the 

following types of facilities: (1) A hazardous waste 

facility permitted by EPA; (2) an interim status 

hazardous waste facility; (3) a hazardous waste 

facility permitted by an authorized state; (4) a 

facility permitted, licensed or registered by a state 

to manage municipal solid waste; (5) a facility 

permitted, licensed or registered by a state to 

manage non-municipal non-hazardous solid waste; 

(6) a facility which beneficially uses or reuses or 

legitimacy recycles or reclaims its wastes or treats 

its waste prior to beneficial use or reuse or 

legitimacy recycling or reclamation; or (7) universal 

waste handler or destination facility subject to the 

requirements in 40 CFR part 273. The Agency is 

proposing an eighth location where CESQGs would 

be allowed to send their hazardous wastes (e.g., an 

LQG within the same company provided specified 

conditions are met). 

13Note that state hazardous waste programs may 

be more stringent than the federal program and also 

broader in scope. 

interim status, provided that it meets 

the listed conditions for the exemption. 

These conditions relate to the technical 

requirements for containers, tanks, drip 

pads, and containment buildings, in 

addition to marking and labeling of 

containers, closure, personnel training, 

emergency response procedures, and 

contingency planning. In effect, should 

an LQG not meet any one of these 

conditions, it would be operating 

illegally without a permit. The same 

regulatory framework applies to 

CESQGs and SQGs, but with different 

conditions. 

SQGs have fewer independent 

requirements and conditions for 

exemption than LQGs. In particular, 

SQGs have longer accumulation time 

limits than LQGs (up to 180 days, or 270 

days, if the hazardous waste is shipped 

greater than 200 miles) and have fewer 

regulations related to personnel 

training, contingency planning, and 

emergency response procedures. SQGs 

also do not have to submit biennial 

reports. However, like LQGs, SQGs must 

obtain an EPA ID number, meet the 

technical standards for containers and 

tanks, comply with manifesting 

regulations, and send their hazardous 

waste to a RCRA permitted hazardous 

waste TSDF. In addition, SQGs may not 

accumulate more than 6,000 kilograms 

of hazardous waste at any one time. 

CESQGs have very few conditions. 

Specifically, in order for CESQGs to be 

excluded from 40 CFR parts 124, 262 

through 266, 268, and 270 and the 

notification requirements of section 

3010 of RCRA, they must (1) make 

correct hazardous waste 

determinations; 11 (2) accumulate no 

more than 1,000 kilograms of hazardous 

waste at any one time or accumulate no 

more than the quantities of acute 

hazardous wastes set forth in 

§ 261.5(e)(1) or (2) at any one time; and 

(3) send hazardous waste to one of 

seven specified types of facilities 

described in §§ 261.5(e)(3) and 

261.5(g)(3).12 All other regulations 

applicable to LQGs and SQGs are not 

applicable to CESQGs that comply with 

these conditions. 

Table 1—Summary of Generator 

Regulations provides a summary of 

requirements that represent conditions 

for an exemption for CESQGs, SQGs and 

LQGs. As noted in the table, the 

category ‘‘Conditions for Exemption’’ 

applies to such requirements as the 

quantity generated and accumulated, 

accumulation time, the technical 

standards for containers, tanks, drip 

pads and containment buildings, 

marking and labeling, personnel 

training, contingency planning and 

emergency procedures. It is important to 

note that a waste determination is an 

independent requirement for SQGs and 

LQGs, whereas it is a condition for 

exemption for CESQGs as defined at 

§ 261.5(f)(1) and (g)(1).13

TABLE 1—SUMMARY OF GENERATOR REGULATIONS

CESQGs SQGs LQGs 

Generator Category .............. ≤100 kg/month .................................

≤1 kg/month of acute hazardous 

waste.

≤100 kg/month of acute spill residue 

or soil.

§§ 261.5(a) and (e) ..........................

>100 and <1,000 kg/month .............

≤1 kg/month of acute hazardous 

waste.

≤100 kg/month of acute spill residue 

or soil.

§§ 262.34(d) and 261.5(e) ...............

≥1,000 kg/month 

>1 kg/month of acute hazardous 

waste 

>100 kg/month of acute spill residue 

or soil 

§§ 262.34(a) and 261.5(e). 

Conditions for Exemption 

Hazardous Waste Determination.§ 262.11 ........................................... N/A ................................................... N/A. 

On-Site Accumulation Quantity.≤1,000 kg .........................................

≤1 kg acute ......................................

≤100 kg of acute spill residue or soil 

§ 261.5(f)(2) and (g)(2) ....................

≤6,000 kg .........................................

§ 262.34(d)(1) ...................................

No limit. 

Satellite accumulation .......... Not applicable .................................. § 262.34 (c)(1) and (2) ..................... § 262.34 (c)(1) and (2). 

Accumulation Time Limits .... None ................................................ ≤180 days or ≤270 days (if greater 

than 200 miles).

§ 262.34(d)(2) and (3) ......................

≤90 days. 

§ 262.34(a). 

Accumulation Conditions ...... § 261.5 (f)(1) and (2); § 261.5 (g)(1) 

and (2).

Reduced standards for the management of hazardous waste in containers and tanks.

§ 262.34(d)(2) and (3) ......................

Full compliance for management of 

hazardous waste in containers, 

tanks, drip pads, or containment 

buildings. 

§ 262.34(a). 

Sent To: ................................ One of seven state approved or 

RCRA permitted/interim status facilities.

§ 261.5(f)(3) and (g)(3) ....................

RCRA permitted/interim status facility.RCRA permitted/interim status facility. 

Personnel Training ............... Not required ..................................... Reduced training standards .............

§ 262.34(d)(5)(iii) ..............................

Full compliance with §§ 265.16 and 

262.34(a)(4). 

Marking and labeling ............ Not required ..................................... § 262.34 (a)(2) and (3) ..................... § 262.34 (a)(2) and (3). 

Contingency Plan ................. Not required ..................................... Reduced standards ..........................

§ 262.34(d)(5)(i) ...............................

Full compliance with part 265 subparts C and D. 

§ 262.34(a)(4). 

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14EPA’s National Biennial RCRA Hazardous 

Waste Report (Based on 2011 Data) http://

www.epa.gov/osw/inforesources/data/br11/

index.htm. 

15Summary of the number of GM forms 

submitted by LQGs in 2011 Biennial Report. 

16Estimate of Total Number of SQGs and 

CESQGs, July 2013. We estimated this range by 

doing the following: (1) Identifying hazardous waste 

generators who shipped hazardous waste off site in 

2007, 2009, and 2011 using the Biennial Report’s 

WR form and (2) cross walking that universe with 

data received from Site ID forms to identify the 

‘‘active’’ SQG universe. The high-end estimate 

represents SQGs who shipped hazardous waste off 

site in any one of the three Biennial Report cycles, 

since many hazardous waste generators fluctuate in 

the regulatory status from year to year. The estimate 

also includes new SQGs who notified after the 2011 

biennial report. The low-end represents SQGs who 

shipped hazardous waste off site in 2011 only as 

well as new SQG notifiers. A copy of the results can 

be found in the docket to this proposal. 

17Methodology to Estimate the National Number 

of CESQGs, July 2013. 

TABLE 1—SUMMARY OF GENERATOR REGULATIONS—Continued 

CESQGs SQGs LQGs 

Emergency Procedures ........ Not required ..................................... Part 265 subpart C ..........................

§ 262.34(d)(5)(iv) ..............................

Full compliance with part 265 subparts C and D. 

§ 262.34(a)(4). 

Closure ................................. Not required ..................................... Not required ..................................... § 262.34(a)(1)(iv)/§§ 265.111 and 

265.114. 

Land Disposal Restrictions ... Not required ..................................... 40 CFR 262.34(a)(4)/40 CFR part 

268.

40 CFR 262.34(a)(4)/40 CFR part 

268. 

C. Hazardous Waste Generator 

Demographics 

In 2011, 16,447 generators reported 

generating approximately 34.4 million 

tons of hazardous waste.14 Of the 16,447 

generators, 14,262 were LQGs and 2,185 

were non-LQGs, meaning these entities 

submitted a biennial report but did not 

report generating sufficient amounts of 

hazardous waste to be categorized as an 

LQG. 

The fifty largest hazardous waste 

generators reported generating 28.7 

million tons, or 83 percent of the total. 

Additionally, 3,148 generators, or 

approximately 19 percent of the total 

reporting universe, reported generating 

only one hazardous waste stream, while 

8,435 generators, or 51 percent of the 

total reporting universe, reported 

generating between one and five 

hazardous waste streams.15 At the other 

extreme were 843 generators, or 5 

percent of the total reporting universe, 

that reported generating 41 or more 

hazardous waste streams. These 

generators included sites from the waste 

treatment industry as well as academic 

and industrial laboratories. 

Of the 34.4 million tons of hazardous 

waste generated in 2011, 30.5 million 

tons, or 89 percent, were generated in 

just five industrial sectors: Basic 

Chemical Manufacturing (which alone 

accounted for 55 percent of the 

hazardous waste generated); Petroleum 

and Coal Products Manufacturing, 

Waste Treatment and Disposal; 

Pesticide, Fertilizer, and Other 

Chemical Manufacturing; and Iron and 

Steel Mills and Ferroalloy 

Manufacturing. 

Unlike LQGs, who must submit a 

biennial report every two years 

describing the types and quantities of 

hazardous waste generated and its 

subsequent disposition, SQGs are not 

required to provide such information to 

the Agency. Consequently, the Agency 

lacks the level of detail for SQGs that is 

available for LQGs. However, based on 

a review of biennial report data 

provided by treatment, storage, and 

disposal facilities (which must report 

waste received from all hazardous waste 

generators) and site identification data 

(from SQGs obtaining an EPA ID 

number), EPA estimates the number of 

SQGs to range from 45,762 to 59,702.16

Because CESQGs are not required to 

obtain a RCRA ID, the information 

available to the Agency is limited to 

those states that require their CESQGs to 

obtain a RCRA ID. Therefore, in 

estimating the size of the CESQG 

universe, the Agency developed a 

methodology that extrapolated the size 

of the CESQG universes based on the 

data available in those states that 

require CESQGs to obtain a RCRA ID. 

We first established a ratio of SQGs to 

CESQGs in those states where 

information was available on the 

CESQG universe and then used that 

ratio to estimate the size of a state’s 

CESQG universe where CESQG 

information was unavailable. Using this 

methodology, EPA currently estimates 

the size of the CESQG universe to range 

from 302,807 to 425,752.17 However, we 

believe this range most likely 

underestimates the true number of 

CESQGs because we believe there are 

many more facilities unaware of their 

obligations under the RCRA hazardous 

waste regulations and the need to 

conduct correct hazardous waste 

determinations. 

D. 2004 Hazardous Waste Generator 

Program Evaluation 

On April 22, 2004, EPA published the 

‘‘Hazardous Waste Generator Program 

Evaluation’’ Advanced Notice of 

Proposed Rulemaking (69 FR 21800). 

The purpose of the April 2004 notice 

was to seek information from 

stakeholders in order to evaluate the 

effectiveness of the RCRA hazardous 

waste generator program, as well as to 

identify areas for potential 

improvement. 

Specifically, the April 2004 notice 

requested that stakeholders answer a 

series of questions in a number of areas 

of the hazardous waste generator 

regulatory program, including program 

effectiveness, improvements, 

redundancy, innovation, performance, 

burden reduction, pollution prevention 

and recycling, and priorities. Questions 

included whether the existing RCRA 

hazardous waste generator regulatory 

program is meeting its goal of protecting 

human health and the environment and 

whether the regulations are easy to 

understand, including questions asking 

which specific regulations are unclear 

or have been interpreted inconsistently. 

EPA also included in the April 2004 

notice a list of program areas that had 

previously been identified by 

stakeholders as needing improvement. 

These program areas included waste 

accumulation times, waste generation 

quantity thresholds and counting rules 

for LQGs, SQGs, and CESQGs, episodic 

generator provisions, waste sampling 

and testing, waste management 

standards, satellite accumulation, 

generator accumulation and treatment 

in containers or tanks, closure standards 

for generators, co-generator standards, 

RCRA identification numbers, waste 

minimization, and land disposal 

restriction requirements applicable to 

generators. During the comment period, 

EPA also held four public meetings in 

May 2004 in Boston, MA, Chicago, IL, 

Washington, DC, and Seattle, WA. 

In response to the April 2004 notice 

and the May 2004 public meetings, EPA 

received over 500 comments from 55 

organizations and individuals, 

including 9 states, 5 federal agencies, 2 

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18Public comments can be found in Docket ID 

No. RCRA–2003–0014. 

19http://www.epa.gov/osw/hazard/generation/

index.htm. 

20 ‘‘Hazardous Waste Generator Regulations: A 

User-Friendly Reference Document’’ (http://

www.epa.gov/osw/hazard/downloads/

tool2012.pdf). 

21Memorandum from Betsy Devlin, Acting 

Director of EPA’s Waste Recovery and Waste 

Management Division, to RCRA Division Directors, 

‘‘Closed Container Guidance: Questions and 

Answers (Qs & As), November 3, 2011, 

incorporating Memorandum from Robert Dellinger, 

Director of EPA’s Materials Recovery and Waste 

Management. Division, to RCRA Division Directors, 

‘‘Guidance on 40 CFR 264.173(a) and 265.173(a): 

Closed Containers,’’ December 3, 2009, RCRA 

Online 14826. 22 75 FR 12989, March 18, 2010. 23Hazardous Waste Determination Program 

Evaluation, April 2013 (http://www.epa.gov/

evaluate/pdf/waste/haz-waste-determination.pdf). 

24As part of this rulemaking, EPA is proposing 

to change the name of ‘‘conditionally exempt small 

quantity generator (CESQG)’’ to ‘‘very small 

quantity generator (VSQG).’’ This change is 

discussed in section VI.B. For the sake of a 

consistent discussion, however, EPA is using the 

term CESQG throughout the preamble unless 

directly stating the content of the proposed 

regulatory text. 

universities, 12 trade associations, and 

22 companies.18 Overall, EPA’s effort to 

seek information regarding the 

effectiveness of the hazardous waste 

generator regulatory program received a 

favorable response. 

Many commenters agreed that 

implementation of the generator 

regulations has made significant 

improvements in managing hazardous 

waste and has resulted in fewer releases 

of hazardous waste to the environment. 

However, many commenters identified 

several improvements they believed 

needed to be made to regulations. 

Specifically, they suggested the 

following: 

• Simplify the regulations to make 

them more user-friendly and easy to 

understand, such as eliminating crossreferencing and codifying guidance into 

regulations, where applicable. 

• Improve the efficiency of the 

program by clearing up ambiguities and 

removing potential redundancies, such 

as defining what constitutes a closed 

container and clarifying parts of the 

satellite accumulation regulations. 

• Provide greater flexibility in the 

regulations, such as regulations that 

allow for episodic generation and that 

allow wastes to be shipped from remote 

locations to a centralized location to 

enable better waste management. 

• Require re-notification to ensure 

better data quality to support 

compliance monitoring of SQG facilities 

(state commenters). 

• Improve regulations on hazardous 

waste determinations, including when it 

is appropriate to use generator 

knowledge instead of analytical testing 

(Industry commenters). 

In response to the comments on the 

April 2004 notice, EPA took several 

actions to help improve the hazardous 

waste generator program in order to 

foster better compliance. Actions 

included (1) improving EPA’s Web site 

for the hazardous waste generator 

regulatory program,19 (2) developing an 

online guide to the hazardous waste 

generator regulations,20 (3) releasing 

guidance for management of hazardous 

waste in closed containers,21 (4) issuing 

a technical corrections direct final 

rule,22 and (5) conducting an evaluation 

of the hazardous waste determination 

program.23 While these actions have 

helped to improve the hazardous waste 

generator program, the Agency 

recognizes that many of the changes 

identified by commenters can only be 

made through rulemaking. Thus, this 

proposed rule requests comment on a 

number of changes to the hazardous 

waste generator regulations. 

VI. Proposed Revisions to 40 CFR Part 

260—Hazardous Waste Management 

System: General 

A. Generator Category Definitions (40 

CFR 260.10) 

EPA is proposing to codify definitions 

for the three categories of hazardous 

waste generators (CESQG, SQG and 

LQG). The term ‘‘small quantity 

generator’’ is codified in the regulations, 

but is outdated, whereas ‘‘conditionally 

exempt small quantity generator’’ and 

‘‘large quantity generator’’ have been 

used within the RCRA hazardous waste 

community for several decades, but 

their exact definitions have not been 

codified. The regulations differentiate 

between the categories by stating the 

quantity of hazardous waste generated 

in a calendar month in each instance. 

As the terms are most commonly 

used, CESQGs are generators that 

generate 100 kilograms or less of nonacute hazardous waste and 1 kilogram 

or less of acute hazardous waste in a 

calendar month; SQGs are generators 

that generate greater than 100 kilograms 

of non-acute hazardous waste but less 

than 1,000 kilograms of non-acute 

hazardous waste and 1 kilogram or less 

of acute hazardous waste in a calendar 

month; and LQGs are generators that 

generate 1,000 kilograms or greater of 

non-acute hazardous waste and/or 

greater than 1 kilogram of acute 

hazardous waste in a calendar month. 

However, generators often fail to 

consider residues from the cleanup of a 

spill of acute hazardous waste or do not 

count both the non-acute and acute 

hazardous waste they generate in a 

calendar month. The proposed 

definitions have been drafted to 

incorporate all the various categories of 

hazardous wastes—that is, acute 

hazardous waste, non-acute hazardous 

waste, and residues for the cleanup of 

a spill of acute hazardous wastes. 

Considering the significance a 

generator’s category has in determining 

the appropriate set of regulations that 

the generator must comply with, the 

Agency believes it is necessary to define 

the specific hazardous waste generator 

categories in the regulations. 

The proposed generator category 

definitions are based solely on the 

amount of hazardous waste generated. 

While EPA acknowledges that 

accumulation limits may trigger 

different generator regulations, those 

accumulation limits do not affect a 

generator’s generation category, which 

is based on how much hazardous waste 

is generated in a calendar month. 

Therefore, EPA is proposing to add 

the following definitions to § 260.10: 

Very small quantity generator is a 

generator who generates less than or 

equal to the following amounts in a 

calendar month: (1) 100 kilograms (220 

lbs) of non- acute hazardous waste; and 

(2) 1 kilogram (2.2 lbs) of acute 

hazardous waste listed in § 261.31 or 

§ 261.33(e); and (3) 100 kilograms (220 

lbs) of any residue or contaminated soil, 

water, or other debris resulting from the 

cleanup of a spill, into or on any land 

or water, of any acute hazardous waste 

listed in sections § 261.31 or 

§ 261.33(e);24

Small quantity generator is a 

generator who generates the following 

amounts in a calendar month: (1) 

Greater than 100 kilograms (220 lbs) but 

less than 1000 kilograms (2200 pounds) 

of non-acute hazardous waste; and (2) 

less than or equal to 1 kilogram (2.2 lbs) 

of acute hazardous wastes listed in 

§ 261.31 or § 261.33(e); and (3) less than 

or equal to 100 kilograms (220 lbs) of 

any residue or contaminated soil, water, 

or other debris resulting from the 

cleanup of a spill, into or on any land 

or water, of any acute hazardous waste 

listed in § 261.31 or § 261.33(e); 

Large quantity generator is a generator 

who generates any of the following 

amounts in a calendar month: (1) 

Greater than or equal to 1000 kilograms 

(2200 lbs) of non-acute hazardous waste; 

or (2) greater than 1 kilogram (2.2 lbs) 

of acute hazardous waste listed in 

§ 261.31 or § 261.33(e); or (3) greater 

than 100 kilograms (220 lbs) of any 

residue or contaminated soil, water, or 

other debris resulting from the cleanup 

of a spill, into or on any land or water, 

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25EPA is proposing to include this table in the 

regulations as Table 1 in § 262.13. 

26Amount of hazardous waste accumulated on 

site at any given time can also impact what 

regulations the SQG must comply with. 

27EPA is proposing to move the CESQG 

regulations from §§ 261.5 to 262.14. See section XIII 

of this preamble for more information. 

of any acute hazardous waste listed in 

§ 261.31 or § 261.33(e). 

EPA is also proposing to add 

definitions to § 260.10 for the terms 

‘‘acute hazardous waste’’ and ‘‘nonacute hazardous waste,’’ which are both 

used in the above definitions for 

generator categories. The term acute 

hazardous waste is used for hazardous 

wastes that are particularly dangerous to 

human health and is defined as those 

hazardous wastes that meet the listing 

criteria in § 261.11(a)(2) and are 

therefore listed in § 261.31 and assigned 

the hazard code of (H) or are listed in 

§ 261.33(e), also known as the RCRA Plist. In this proposal, any distinctions 

between acute and non-acute hazardous 

wastes are only being made in the 

context of determining generator 

category. Generally the term ‘‘hazardous 

waste’’ refers to both acute and nonacute hazardous waste. 

As previously stated, the definitions 

of generator categories are based solely 

on the amount of hazardous waste 

generated in a calendar month and are 

generally consistent with how the 

regulated community understands the 

various categories based on EPA’s 

references in existing publications to 

how much hazardous waste is generated 

in a calendar month. Additionally, these 

definitions reflect that a generator may 

only have one generator category in a 

calendar month even if the generator 

generates both acute hazardous waste 

and non-acute hazardous waste in the 

same calendar month, a topic discussed 

further in section VII.A. 

In practice, five waste generation 

scenarios exist with different 

combinations of acute hazardous waste, 

non-acute hazardous waste, and 

residues from the cleanup of spills of 

acute hazardous waste generated in a 

calendar month. These scenarios are 

summarized in Table 2—Generator 

Categories Based on Quantity of Waste 

Generated.25

TABLE 2—GENERATOR CATEGORIES BASED ON QUANTITY OF WASTE GENERATED

# 

Quantity of acute hazardous 

waste generated in a calendar 

month 

Quantity of non-acute hazardous waste generated in a 

calendar month 

Quantity of residues from the 

cleanup of acute hazardous 

waste generated in a calendar 

month 

Generator category 

1 ................. > 1 kg ...................................... Any amount ............................. Any amount ............................. LQG. 

2 ................. Any amount ............................. ≥ 1,000 kg ............................... Any amount ............................. LQG. 

3 ................. Any amount ............................. Any amount ............................. > 100 kg .................................. LQG. 

4 ................. ≤ 1 kg ...................................... > 100 kg and < 1,000 kg ........ ≤ 100 kg .................................. SQG. 

5 ................. ≤ 1 kg ...................................... ≤ 100 kg .................................. ≤ 100 kg .................................. VSQG/(CESQG). 

Note: When calculating generator 

categories, the quantities of acute 

hazardous waste and non-acute 

hazardous waste are considered 

separately. 

In three of the scenarios in Table 2— 

Generator Categories Based on Quantity 

of Waste Generated, the generator would 

be an LQG, in one scenario the generator 

would be an SQG, and in one scenario 

the generator would be a CESQG. In the 

first three scenarios, the generator is an 

LQG if it generates any of the following 

in a calendar month, regardless of the 

amounts of hazardous waste generated 

in the other categories: more than 1 

kilogram of acute hazardous waste, 

1,000 kilograms or more of non-acute 

hazardous waste, or more than 100 

kilograms of residues from the cleanup 

of a spill of acute hazardous waste. This 

is made clear in the proposed regulatory 

definition of ‘‘LQG’’ by use of the word 

‘‘any’’ and by the use of the word ‘‘or’’ 

between (1), (2), and (3). In these 

scenarios, the generator would need to 

comply with the independent 

requirements and conditions for the 

exemption for LQGs (specified in 

proposed § 262.17), as well as any 

applicable regulations for SAAs at 

§ 262.15. 

In the fourth scenario, the generator 

would be an SQG if, in a calendar 

month, it generates greater than 100 

kilograms and less than 1,000 kilograms 

of non-acute hazardous waste and also 

1 kilogram or less of acute hazardous 

waste and 100 kilograms or less of 

residues from the cleanup of a spill of 

acute hazardous waste.26 The proposed 

regulatory text expresses this scenario 

by using the word ‘‘and’’ between (1), 

(2), and (3) in the definition of SQG. As 

a result, the generator would need to 

comply with the independent 

requirements and conditions for the 

exemption for SQGs (specified in 

proposed § 262.16), as well as any 

applicable regulations for SAAs at 

§ 262.15. 

Finally, in the fifth scenario, if a 

generator generates 1 kilogram or less of 

acute hazardous waste and 100 

kilograms or less of non-acute 

hazardous waste and 100 kilograms or 

less of residue from the cleanup of a 

spill of acute hazardous waste, then the 

generator is a CESQG for that calendar 

month. The proposed regulatory text 

expresses this scenario by using the 

word ‘‘and’’ between (1), (2), and (3) in 

the definition. As a result, the generator 

would need to comply with the 

conditions for the exemption for 

CESQGs (specified in proposed 

§ 262.14).27

EPA requests comment on these 

proposed changes. 

Effect of the Proposed Reorganization: 

This section is not affected by the 

proposed reorganization. 

B. Renaming CESQG to VSQG (40 CFR 

260.10) 

Currently only one of the three 

generator categories—CESQG—uses the 

words ‘‘conditionally exempt’’ in its 

title; however both SQGs and LQGs, 

which typically accumulate hazardous 

waste on site, are also conditionally 

exempt from obtaining a RCRA permit 

or complying with the interim status 

standards in 40 CFR parts 264 and 265, 

respectively, provided they meet certain 

conditions. In addition, while CESQGs 

are subject to few conditions for 

exemption, they are still considered 

hazardous waste generators, and must 

comply with the relevant regulations. If 

a CESQG does not comply, it would be 

out of compliance with the hazardous 

waste regulations and potentially 

subject to enforcement action. This 

inconsistency in terminology has caused 

some confusion throughout the 

regulated community. Therefore, EPA is 

proposing to change the name of the 

category from ‘‘conditionally exempt 

small quantity generator (CESQG)’’ to 

‘‘very small quantity generator (VSQG).’’ 

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28This proposed definition includes citations to 

new sections of part 262 that we are proposing to 

include as part of the reorganization of the 

generator regulations. The existing small quantity 

generator regulations are at §§ 262.34(d) through (f) 

and the existing large quantity generator regulations 

are at § 262.34(a). For a full discussion of the 

proposed reorganization, see section XIII of the 

preamble. 

29As noted previously, SQGs can accumulate 

hazardous waste for up to 270 days if they ship the 

hazardous waste greater than 200 miles. 

30Note: Prior to 1986, there were only two 

categories of generators: large quantity generators 

and small quantity generators. When the small 

quantity generator regulations were promulgated in 

1986, a third category of generators, conditionally 

exempt small quantity generators, was established. 

EPA notes that this change is consistent 

with some states, such as Minnesota, 

which are already using the VSQG term. 

All regulations applicable to a CESQG 

would apply to a VSQG. 

EPA requests comment on this 

proposed change. 

Effect of the Proposed Reorganization: 

This section is not affected by the 

proposed reorganization. 

C. Definition of Central Accumulation 

Area (40 CFR 260.10) 

The Agency is also proposing to 

define the term ‘‘central accumulation 

area’’ in § 260.10 to mean any on-site 

hazardous waste accumulation area 

with hazardous waste accumulating in 

units subject to either § 262.16 (for small 

quantity generators) or § 262.17 (for 

large quantity generators).28 The 

definition also states that a central 

accumulation area at an eligible 

academic entity that chooses to be 

subject to part 262 subpart K must also 

comply with § 262.211 when 

accumulating unwanted material and/or 

hazardous waste. 

LQGs may accumulate hazardous 

waste on site without a permit or 

complying with the interim status 

standards for up to 90 days provided 

they comply with § 262.34(a) and SQGs 

may do the same for up to 180 days, 

provided they comply with § 262.34(d) 

though (f).29 Over the years, 

stakeholders have used different terms 

to refer to these on-site generator 

accumulation areas, including 

‘‘generator accumulation areas,’’ ‘‘lessthan-90-day areas,’’ and ‘‘less-than-180- 

day areas.’’ In December 2008, EPA 

promulgated a definition of ‘‘central 

accumulation area’’ in subpart K of part 

262 to refer to these types of areas 

(‘‘Academic Labs Rule’’; 73 FR 72912, 

December 1, 2008). As explained in the 

preamble to the proposed Academic 

Labs Rule, EPA codified the term 

‘‘central accumulation area’’ for the sake 

of convenience to distinguish these 

types of accumulation areas from 

satellite accumulation areas and 

laboratories, which are both subject to 

different regulations than central 

accumulation areas are. At the time, 

EPA promulgated the term in § 262.200 

and indicated that the definition only 

applied to part 262 subpart K. Since 

then, the term has become more widely 

used and EPA is now proposing to 

define the term ‘‘central accumulation 

area’’ in § 260.10 to allow its use when 

referring to generator accumulation 

areas that are not operating under part 

262 subpart K. 

EPA emphasizes that we are 

proposing to define the term ‘‘central 

accumulation area’’ only as a matter of 

convenience. It is helpful for both the 

regulated community and the 

implementers to have a common term to 

use when referring to locations where 

generators accumulate hazardous waste 

other than satellite accumulation areas. 

Furthermore, the term is helpful for EPA 

to use when writing regulations, 

preamble, and guidance. The addition of 

the term does not establish any new 

regulatory standards or burden on 

generators. Generators may continue to 

have more than one central 

accumulation area on site; the use of the 

word ‘‘central’’ does not limit a 

generator to one area. 

We have rephrased the proposed 

definition from how it currently appears 

in part 262 subpart K to make this 

clearer. The definition, as it appears in 

part 262 subpart K, currently states that 

a central accumulation area means an 

on-site hazardous waste accumulation 

area. We are proposing to revise the 

definition to say that a central 

accumulation area means any on-site 

hazardous waste accumulation area. 

Further, the use of the word ‘‘central’’ 

does not indicate that the generator 

must establish the central accumulation 

area in a location that is centrally 

located within the site. The use of the 

word ‘‘central’’ is used because many 

generators use a central accumulation 

area to consolidate or centralize their 

hazardous waste from multiple satellite 

accumulation areas prior to shipment 

off-site. 

Because the proposed definition to be 

added to § 260.10 will now reference 

part 262 subpart K (the definition states 

that a central accumulation area at an 

eligible academic entity that chooses to 

be subject to part 262 subpart K must 

also comply with § 262.211 when 

accumulating unwanted material and/or 

hazardous waste), we are proposing to 

remove the definition of central 

accumulation area from part 262 subpart 

K. 

Effect of the Proposed Reorganization: 

This section is affected by the proposed 

reorganization. The definition of 

‘‘central accumulation area’’ references 

other regulatory citations that are part of 

the proposed reorganization. The 

reorganization is discussed in section 

XIII of this preamble. 

VII. Proposed Revisions to 40 CFR Part 

261—Identification and Listing of 

Hazardous Wastes 

EPA is proposing four changes to the 

regulations currently in 40 CFR part 

261. First, the Agency is proposing to 

add a new provision that would explain 

what generator category would apply to 

a hazardous waste generator that 

generates both acute and non-acute 

hazardous waste in the same calendar 

month. Second, EPA is proposing to 

modify the regulations at §§ 261.5(h) 

and (i) and 261.3 that address the 

mixing of a non-hazardous waste with a 

hazardous waste. Third, the Agency is 

proposing to amend § 261.5(f)(3) and 

(g)(3) to allow a CESQG to send its 

hazardous waste to an LQG under 

control of the same person. Finally, the 

Agency is proposing to amend § 261.6(c) 

to require biennial reporting for owners 

or operators of facilities that recycle 

hazardous waste without storing them 

before they are recycled. 

A. Generators That Generate Both Acute 

and Non-Acute Hazardous Waste in the 

Same Calendar Month (40 CFR 261.5) 

When a generator is determining what 

category it belongs in, it must consider 

three relevant categories of hazardous 

waste: hazardous waste (or non-acute 

hazardous waste, for purposes of this 

discussion), acute hazardous waste, and 

residues from the cleanup of a spill of 

acute hazardous waste. EPA is 

proposing regulations that make clear 

what a generator’s category is for a 

calendar month when it generates any 

combination of non-acute hazardous 

waste, acute hazardous waste, and 

residues from the cleanup of a spill of 

acute hazardous waste in the same 

calendar month and which set of 

regulations apply. Currently, the RCRA 

hazardous waste regulations do not 

address situations involving 

combinations of wastes and Agency 

statements about this issue have been 

inconsistent. 

According to the November 19,1980, 

FR notice discussing changes to § 261.5, 

‘‘the regulation is revised to clarify that 

the lower exclusion levels for acutely 

hazardous waste apply only to 

generators who otherwise are deemed 

small quantity generators.30 The Agency 

believes that a generator who produces 

more than 1,000 kilograms of hazardous 

waste a month and is therefore subject 

to full regulation should handle his 

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31Letter from Marcia E. Williams, Director of 

EPA’s Office of Solid Waste, to Fred Hutchison, 

University of Idaho, September 2, 1987, RCRA 

Online 11288. 

acutely hazardous wastes in the same 

manner as his other wastes’’ (45 FR 

76622). 

In other words, if a generator 

generates 1,000 kilograms or more of 

non-acute hazardous waste in a calendar 

month, it would be considered an LQG 

for that month and therefore should, for 

both practical and environmental 

reasons, manage the acute hazardous 

wastes under the same regulations as an 

LQG (even if the amount of acute 

hazardous waste generated in a calendar 

month is less than 1 kilogram). 

However, a provision regarding how to 

determine one’s generator category 

when generating a combination of nonacute hazardous waste, acute hazardous 

waste, and residues from the cleanup of 

a spill of acute hazardous waste was not 

included in the regulatory language. 

Conversely, in a September 2, 1987, 

letter concerning the accumulation time 

for acute hazardous waste and nonacute hazardous waste in the same 

month, the Agency stated, ‘‘Acute 

hazardous wastes are counted and 

managed separately from hazardous 

wastes (§ 261.5(e)). In the example 

given, the generator would have 90 days 

to send the acute hazardous waste off 

site, but would have 180 days for the 

non-acute hazardous waste.’’ 31 These 

different Agency interpretations have 

ultimately led to confusion regarding 

which regulations apply to hazardous 

waste generators that generate different 

categories of hazardous waste in the 

same calendar month. 

The Agency believes the more 

practical approach is for a generator to 

be in only one generator category in a 

calendar month, the approach outlined 

in the 1980 Federal Register discussion. 

When a generator generating only nonacute hazardous wastes counts its waste, 

it must consider the total amount of all 

its different kinds of non-acute 

hazardous waste, not the amount of 

each type of hazardous waste (such as, 

type of waste identified by individual 

EPA hazardous waste number) 

separately. Considering the combination 

of acute hazardous wastes, non-acute 

hazardous wastes, and residues from the 

cleanup of a spill of acute hazardous 

waste generated in a calendar month 

when determining what category a 

generator belongs to follows the same 

logic. In addition, many of the 

regulations for LQGs are site-wide, such 

as submitting the biennial report, 

developing a contingency plan, and 

conducting training, and therefore a 

generator would still have to comply 

with these conditions and would not 

gain a significant economic advantage 

by having more than one generator 

category. We note that many EPA 

Regions and states have taken this same 

approach in implementing the RCRA 

hazardous waste program. 

This is why EPA is proposing to 

expressly state in the definitions which 

generator category would apply to 

hazardous waste generators that 

generate a combination of non-acute 

hazardous waste, acute hazardous 

waste, and/or residues from the cleanup 

of spills of acute hazardous waste in a 

calendar month as discussed in section 

VI of this preamble. In conjunction with 

these changes, EPA is proposing a new 

section § 262.13 explaining how a 

generator determines which generator 

category applies to it. This topic is fully 

discussed in section VIII of this 

preamble. The Agency is soliciting 

comment on the proposal to revise the 

existing regulations to indicate that a 

generator can only have one generator 

category in a calendar month, according 

to the quantity of acute and non-acute 

hazardous waste it generates. 

Effect of the Proposed Reorganization: 

This section is affected by the proposed 

reorganization. All the proposed 

definitions of generator categories 

would be found in § 260.10. The 

reorganization is discussed in section 

XIII of this preamble. 

B. Generators That Mix a NonHazardous Waste With a Hazardous 

Waste 

EPA is proposing to modify how 

mixtures of non-hazardous waste and 

hazardous waste would affect the 

generator categories of CESQGs and 

SQGs. Additionally, EPA is proposing to 

add a reference in 40 CFR part 262 that 

assists LQGs with finding the 

regulations applicable to mixing 

hazardous waste with non-hazardous 

waste. 

1. CESQGs That Mix a Non-Hazardous 

Waste With a Hazardous Waste (40 CFR 

261.5(h) and (i)) 

With the partitioning of the original 

1980 SQG regulations into two sets of 

regulations for CESQGs and SQGs in 

1986, potential confusion surrounds the 

current reading and implementation of 

§ 261.5(h) and (i). When the regulations 

at § 261.5(h) and (i) were promulgated 

on November 19, 1980 (45 FR 76623), 

the title of § 261.5 was ‘‘Special 

requirements for hazardous waste 

generated by small quantity generators.’’ 

At that time, there were only two 

hazardous waste generator categories: 

LQGs and SQGs. Prior to the 

promulgation of the new SQG 

regulations on March 24, 1986 (52 FR 

10146), an SQG was a generator who 

generates less than 1,000 kilograms of 

hazardous waste in a calendar month; 

the regulations did not make a 

distinction between SQGs and CESQGs 

at that time. Prior to 1986, paragraphs 

(h) and (i) of section 261.5 read as 

follows: 

‘‘(h) Hazardous waste subject to the 

reduced requirements of this section may be 

mixed with non-hazardous waste and remain 

subject to these reduced requirements even 

though the resultant mixture exceeds the 

quantity limitations identified in this section, 

unless the mixture meets any of the 

characteristics of hazardous waste identified 

in subpart C. 

(i) If a small quantity generator mixes a 

solid waste with a hazardous waste that 

exceeds a quantity exclusion level of this 

section, the mixture is subject to full 

regulation.’’ 

With the promulgation of the SQG 

regulations in 1986, SQGs were broken 

into two classes of generators: (1) 

CESQGs (generators who generate up to 

100 kilograms of hazardous waste in a 

calendar month) and (2) SQGs 

(generators who generate greater than 

100 kilograms and less than 1,000 

kilograms of hazardous waste in a 

calendar month). The regulations for 

CESQGs were established at § 261.5, 

while those for SQGs were moved to 

§ 262.34 (d)–(f). Similarly the title of 

§ 261.5 was changed to read, ‘‘Special 

requirements for hazardous waste 

generated by conditionally exempt small 

quantity generators’’ [emphasis added]. 

The language of § 261.5(h) did not 

change when the SQG regulations were 

promulgated, while paragraph (i) was 

modified slightly to read: ‘‘If any person 

mixes a solid waste with a hazardous 

waste that exceeds a quantity exclusion 

level of this section, the mixture is 

subject to full regulation.’’ The phrase 

‘‘any person’’ was substituted for the 

phrase ‘‘small quantity generator.’’ 

EPA believes that the readability of 

these regulations could be improved, 

particularly for paragraph (i), to 

expressly state whether the regulation 

applies to situations where the 

hazardous waste being mixed exceeds 

the CESQG quantity exclusion level or 

to situations where the mixture exceeds 

the CESQG quantity exclusion level. 

Additionally, ‘‘full regulation,’’ could be 

interpreted as regulation commensurate 

with an LQG, even if the resultant 

mixture exceeds CESQG quantity levels, 

but not SQG quantity levels. 

For these reasons, EPA is proposing to 

modify the language regarding mixing of 

non-hazardous waste with hazardous 

waste by CESQGs (which is currently 

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32EPA is proposing to use the term ‘‘very small 

quantity generator (VSQG)’’ in place of 

‘‘conditionally exempt small quantity generator.’’ 

See section VI.B of this preamble for more 

information. 

33This regulatory citation is the proposed new 

location for the definition of a VSQG. See section 

VI.B of this preamble for more information. 

34Additionally, the generator would have to 

comply with the SQG or LQG regulations for as long 

as its total quantity of hazardous waste accumulated 

on-site was greater than or equal to the CESQG 

accumulation limit of 1000 kg. 

35This regulatory citation is the proposed new 

location for the definition of SQG. See section VIII 

of this preamble for more information. 

36Additionally, a generator would have to 

comply with the LQG regulations for as long as its 

total quantity of hazardous waste accumulated onsite was greater than or equal to the SQG 

accumulation limit of 6000 kg. 

located at § 261.5(h) and (i)) to make 

these points clear. Specifically, it states 

that a CESQG may mix listed or 

characteristic hazardous waste with 

non-hazardous waste and remain 

eligible for the conditional exemption 

provided that either of the following is 

true: 32 (1) The mixture does not exhibit 

any of the characteristics of hazardous 

waste identified in subpart C of part 261 

of this chapter; or (2) the mixture does 

not cause the generator to exceed the 

very small quantity generator calendar 

month quantity limits identified in the 

definition of very small quantity 

generator at § 260.10.33

For example, if a CESQG mixed 50 

kilograms of characteristic hazardous 

waste with 100 kilograms of nonhazardous waste and the resultant 150 

kilograms mixture did not retain the 

characteristics of hazardous waste, then 

the generator could still comply with 

the CESQG conditions. However, if a 

CESQG mixed 50 kilograms of 

characteristic hazardous waste with 100 

kilograms of non-hazardous waste and 

the resultant 150 kilograms mixture did 

retain the characteristics of hazardous 

waste, then the generator would no 

longer be a CESQG, but an SQG, and the 

generator would need to comply with 

all applicable regulations for an SQG for 

that calendar month. Similarly, if a 

CESQG mixed 50 kilograms of 

characteristic hazardous waste with 

1,000 kilograms of non-hazardous waste 

and the resultant 1,050 kilograms 

mixture retained the characteristics of 

hazardous waste, then the generator 

would no longer be a CESQG, but an 

LQG, and the generator would need to 

comply with all applicable regulations 

for an LQG for that calendar month.34

EPA notes that the regulations 

covering mixing of hazardous and nonhazardous waste would apply regardless 

of when the initial wastes are generated. 

In other words, when a generator mixes 

a hazardous waste with a non-hazardous 

waste, the generator may have changed 

the properties of the hazardous waste 

and thus must make a hazardous waste 

determination on the resultant mixture. 

For example, if a CESQG mixed 50 

kilograms of characteristic hazardous 

waste that it generated at different 

points over the last three months with 

100 kilograms of non-hazardous waste 

and the resultant mixture did retain the 

characteristics of hazardous waste, then 

the generator would no longer be a 

CESQG at the point that the mixture was 

generated, but an SQG, and the 

generator would need to comply with 

all applicable regulations for an SQG for 

that calendar month during which the 

mixing occurred. The time period for 

the accumulation of wastes begins at the 

point the mixture is generated and the 

generator becomes a SQG. 

In modifying the language, the 

Agency is not changing the intent of the 

existing hazardous waste regulations, 

but is improving the readability of the 

regulatory text. Thus, this change in 

language does not impose any 

additional burden on CESQGs. 

Effect of the Proposed Reorganization: 

This section is affected by the proposed 

reorganization. The reorganization of 

the generator regulations would move 

these provisions to 262.14(b). The 

reorganization is discussed in section 

XIII of this preamble. 

2. LQGs and SQGs That Mix a NonHazardous Waste With a Hazardous 

Waste (40 CFR 261.3) 

LQGs and SQGs are subject to the 

mixture rule in § 261.3. In short, the 

mixture rule has three parts: (1) If nonhazardous waste is mixed with listed 

hazardous waste, then the mixture is 

considered the listed hazardous waste 

(§§ 261.3(a)(2)(iv) and 261.3(b)(2)); (2) if 

non-hazardous waste is mixed with 

listed hazardous waste that is listed 

solely for exhibiting an ignitability, 

corrosivity, or reactivity characteristic 

in part 261 subpart C (such as F003 

hazardous waste), then the mixture is 

considered hazardous waste only if it 

exhibits a characteristic 

(§ 261.3(g)(2)(i)); and (3) if nonhazardous waste is mixed with 

characteristic hazardous waste, then the 

mixture is considered hazardous waste 

only if the mixture exhibits a 

characteristic of hazardous waste 

(§ 261.3(b)(3)) (45 FR 33066, May 19, 

1980; 66 FR 27266, May 16, 2001). 

However, because the mixture rule 

appears in § 261.3 and the SQG and 

LQG regulations appear in 40 CFR part 

262, the regulated community may not 

totally appreciate how the mixture rules 

apply to SQGs and LQGs. Therefore, 

EPA is proposing to include references 

in §§ 262.16(c) and 262.17(f) that assist 

SQGs and LQGs with finding the 

regulations applicable to the mixing of 

hazardous waste with non-hazardous 

waste. Additionally, EPA wants to 

modify the regulations to improve 

understanding of what circumstances an 

SQG may mix hazardous waste with 

non-hazardous waste and still remain 

subject to the SQG requirements. 

Specifically, EPA is proposing to add 

a provision for SQGs that states that a 

small quantity generator may mix its 

hazardous waste with non-hazardous 

waste and remain eligible for the 

conditional exemption applicable to a 

small quantity generator under two 

circumstances: (1) The mixture is not a 

hazardous waste according to the 

mixture rules in §§ 261.3(a)(2)(iv), 

261.3(b)(2), 261.3(b)(3), and 

261.3(g)(2)(i); or (2) if the mixture is a 

hazardous waste, the mixture does not 

cause the generator to exceed the small 

quantity generator quantity limits for a 

calendar month, as identified in the 

definition of small quantity generator at 

§ 260.10.35

For example, if an SQG mixed 100 

kilograms of listed hazardous waste 

(that was not listed solely for the 

ignitability, corrosivity and/or reactivity 

characteristic) with 1,000 kilograms of 

non-hazardous waste, then the resultant 

1,100 kilogram mixture would be 

considered a listed hazardous waste and 

the generator would no longer be an 

SQG, but rather an LQG. The generator 

would then need to comply with all 

applicable regulations for an LQG for 

that month during which the SQG 

mixed the waste.36

However, if an SQG mixed 100 

kilograms of either characteristic 

hazardous waste or listed hazardous 

waste (that was listed solely for the 

ignitability, corrosivity and/or reactivity 

characteristic) with 1,000 kilograms of 

non-hazardous waste and the resultant 

1,100 kilograms mixture did not retain 

the characteristics of hazardous waste, 

then the generator could still comply 

with the SQG regulations because the 

resulting mixture would no longer be 

considered a hazardous waste (although 

it would still be subject to applicable 

land disposal restriction requirements 

in 40 CFR part 268). 

EPA is also proposing to add a 

provision for LQGs that states that 

mixtures of hazardous waste with nonhazardous waste are subject to the 

mixture rule in § 261.3(a)(2)(iv), (b)(2) 

and (3), and (g)(2)(i). 

In modifying the language, the 

Agency is not changing the existing 

hazardous waste regulations, but is 

improving the readability of the 

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37EPA is also proposing to rename ‘‘CESQG’’ to 

‘‘VSQG’’ (very small quantity generator) (see section 

VIII.A.1 of the preamble for more information). 

However, for this discussion, we continue to use 

CESQG as this term is most familiar to the regulated 

community. 

38EPA is proposing to reorganize the regulations 

for CESQGs by moving provisions from § 261.5 to 

§ 262.14. The proposed revision to allow CESQGs 

to send hazardous waste to LQGs under control of 

the same person can be found at § 262.14(b)(3)(viii). 

regulatory text. Thus, this change does 

not impose any additional burden on 

SQGs and LQGs. 

Effect of the Proposed Reorganization: 

This section is affected by the proposed 

reorganization. EPA is proposing to 

address the mixing regulations for SQGs 

at § 262.16(c) and the mixing regulations 

for LQGs at § 262.17(f). The 

reorganization is discussed in section 

XIII of this preamble. 

3. Request for Comment 

The Agency requests comment on 

whether the proposed language for 

CESQGs and SQGs improves the 

understanding of the regulations 

regarding how mixtures of nonhazardous waste and hazardous waste 

would affect the generator category for 

CESQGs and SQGs. Additionally, EPA 

requests comment on whether the 

proposed language for LQGs assists 

LQGs in more easily finding the 

applicable mixture regulations. 

C. Allowing CESQGs To Send 

Hazardous Waste to LQGs Under the 

Control of the Same Person 

EPA is proposing to allow CESQGs to 

send their hazardous waste to an LQG 

that is under the control of the same 

person, as defined at § 260.10, provided 

both the CESQG and LQG comply with 

specified conditions.37

1. Purpose 

Under the existing regulations at 

§ 261.5(f)(3) for acute hazardous waste, 

and § 261.5(g)(3) for non-acute 

hazardous waste, a CESQG may either 

treat or dispose of its hazardous waste 

on site or ensure delivery to an off-site 

treatment, storage, or disposal facility, 

which can include RCRA-permitted 

hazardous waste facilities, interim 

status hazardous waste facilities, 

municipal solid waste facilities, nonmunicipal non-hazardous waste 

facilities, recycling facilities, and 

universal waste handlers. The existing 

CESQG regulations do not allow a 

generator to send its hazardous waste off 

site to another generator, unless the 

receiving generator has a storage permit 

or is otherwise one of the types of 

facilities cited above. Thus, persons 

looking to reduce their overall 

environmental liability across multiple 

sites are prohibited from managing their 

CESQG hazardous waste at one or more 

of their LQG sites without first obtaining 

a permit or complying with the interim 

status standards, both of which would 

increase regulatory burden and costs. 

EPA believes that allowing CESQGs to 

send their hazardous waste to an LQG 

that is under the control of the same 

person would provide an additional 

option for CESQGs to manage their 

hazardous waste. It may also improve 

the management of that hazardous waste 

for four main reasons. 

First, LQGs are subject to more 

stringent management conditions, such 

as accumulation time, labeling, training, 

emergency planning, and containment 

standards, as compared to CESQGs. In 

addition, LQGs may only transport 

hazardous waste to a RCRA-permitted or 

interim status hazardous waste TSDF, 

which in turn, is subject to more 

stringent management standards than 

the municipal or non-municipal solid 

waste facilities that CESQGs are allowed 

to use. Therefore, allowing hazardous 

waste generated by a CESQG to be sent 

to an LQG under the control of the same 

person could improve overall oversight 

and management of the hazardous waste 

and enable more effective 

environmental protection. Furthermore, 

a company, because of economies of 

scale, may reduce its overall waste 

management costs, as well as its 

potential financial liabilities for 

hazardous waste it generates at CESQG 

facilities, as it would be handled under 

the more comprehensive LQG and TSDF 

regulatory programs. 

Second, whereas LQGs have up to 90 

days to accumulate hazardous waste in 

compliance with all the LQG conditions 

for exemption without having to obtain 

a RCRA storage permit or comply with 

all the other standards otherwise 

applicable, CESQGs may accumulate up 

to 1,000 kilograms of non-acute 

hazardous waste or up to 1 kilogram of 

acute hazardous waste or up to 100 

kilograms of residues from the cleanup 

of a spill of acute hazardous waste 

without any time constraint. Even 

though the amount of hazardous waste 

allowed on site by CESQGs at any one 

time is limited, the longer that 

hazardous waste is accumulated on site 

the greater the risk of adverse impacts 

to human health and the environment. 

Allowing CESQGs to send their 

hazardous waste to an LQG under the 

control of the same person may reduce 

the overall time that the CESQG 

accumulates hazardous waste on site, 

which would further reduce the 

potential risk to human health and the 

environment. 

Third, this proposed change would 

allow consolidation by an LQG of 

hazardous waste generated by several 

CESQGs under its control, which 

increases the potential opportunities for 

hazardous waste recycling by the LQG. 

Fourth, this proposed change would 

give companies flexibility in allocating 

labor and resources required to manage 

the company’s total quantity of 

hazardous waste generated, as the 

company would be allowed to 

consolidate its hazardous waste from 

CESQG facilities at its LQG sites. 

EPA has received requests over the 

years from industry for the regulations 

to allow CESQGs to send their 

hazardous waste to LQGs for 

consolidation. EPA believes that such a 

change in the regulations would enable 

generators to employ greater control 

over the management of their hazardous 

waste, thereby resulting in improved 

efficiency and reduced liability for the 

generator. EPA believes numerous 

situations exist where CESQGs and 

LQGs under the same ownership could 

take advantage of this proposed change. 

For example, Army National Guard and 

Reserve units that may be CESQGs 

would have the opportunity to send 

their hazardous waste to an active Army 

base that is an LQG. The same situation 

applies to Air Force, Navy, and Marine 

Corps reserve units as well. 

Additionally, many universities have 

engineering, medical, and science 

laboratories located on campus, with 

each laboratory building possibly 

qualifying as a CESQG. Allowing 

different laboratory buildings within a 

university or industrial environment 

that are CESQGs to send their hazardous 

waste to another university or industrial 

entity that is an LQG would provide 

both economic and environmental 

benefits. Furthermore, utilities, retailers, 

and remote oil and gas production 

facilities also represent examples of 

industrial sectors that may realize 

benefits from the intra-company transfer 

of hazardous waste from CESQGs to 

LQGs. 

2. Scope 

As discussed above, EPA is proposing 

to amend the regulations under the 

existing regulatory framework at 

§ 261.5(f)(3) and (g)(3) to allow CESQGs 

to send hazardous waste to an LQG 

under the control of the same person.38

‘‘Person’’ is defined in § 260.10 to mean 

an individual, trust, firm, joint stock 

company, federal agency, corporation 

(including a government corporation), 

partnership, association, state, 

municipality, commission, political 

subdivision of a state or any interstate 

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body. For the purposes of this section, 

‘‘control’’ would mean the power to 

direct the policies of the facility, 

whether by the ownership of stock, 

voting rights, or otherwise, except that 

contractors who operate facilities on 

behalf of a different person shall not be 

deemed to ‘‘control’’ such facilities. 

The Agency believes limiting transfers 

to facilities under control of the same 

person is appropriate because it ensures 

common control is maintained over 

both facilities and takes advantage of 

strong incentives to ensure the 

hazardous waste is safely managed. 

Additionally, if a CESQG sends 

hazardous waste to an LQG under the 

control of the same person, the LQG is 

likely to be familiar with the type of 

hazardous waste generated by the 

CESQG. Furthermore, questions 

regarding liability and responsibility for 

such hazardous waste are likely to be 

clearer than is the case with facilities 

from unrelated companies. 

EPA is also proposing some labeling 

and marking standards for CESQG waste 

being transferred to LQGs under the 

control of the same person under this 

provision. Note that aside from these 

two conditions, the same standards for 

management of CESQG waste apply to 

materials going to an LQG under this 

provision as to other CESQG waste, 

including the exemption from the 

requirement to ship using a hazardous 

waste manifest. DOT shipping 

requirements do still apply. 

3. Conditions for Exemption 

Condition for Exemption for CESQGs 

As part of this provision, CESQGs 

would be required to meet the following 

conditions for exemption, proposed at 

§ 262.14(a)(viii). 

Under control of the same person. As 

described above, the CESQG and the 

LQG would have to be under control of 

the same person, according to the 

existing definitions in § 260.10. 

Labeling and marking of containers. 

The Agency is proposing that a CESQG 

transferring waste to an LQG under the 

control of the same person label its 

containers with (1) the words ‘‘Very 

small quantity generator hazardous 

waste’’; (2) other words that identify the 

contents of the containers (e.g., the 

name of the chemical(s), such as 

‘‘acetone’’ or ‘‘methylene dichloride’’ or 

the type or class of chemical, such as 

‘‘organic solvents’’ or ‘‘halogenated 

organic solvents’’ or, as applicable, the 

proper shipping name and technical 

name markings used to comply with 

Department of Transportation (DOT) 

requirements at 49 CFR part 172 subpart 

D); (3) an indication of the hazards of 

the contents of the container, such as 

the applicable hazardous waste 

characteristic(s) (i.e., ignitable, 

corrosive, reactive, toxic); a hazard class 

label consistent with the DOT 

requirements at 49 CFR part 172 subpart 

E (labeling); a label consistent with the 

Occupational Safety and Health 

Administration (OSHA) Hazard 

Communication Standard at 29 CFR 

1920.1200; a chemical hazard label 

consistent with the National Fire 

Protection Association (NFPA) code 

704; a hazard pictogram consistent with 

the United Nations’ Globally 

Harmonized System (GHS); or any other 

marking and labeling commonly used 

nationwide in commerce that would 

alert workers and emergency responders 

to the nature of the hazards associated 

with the contents of the containers; and 

(4) the applicable EPA hazardous waste 

number(s) (EPA hazardous waste code) 

in subparts C and D of part 261 to assist 

the receiving LQG in managing the 

hazardous waste received. This 

condition is also consistent with the 

changes proposed for labeling and 

marking of containers in the revisions to 

40 CFR parts 262, 263, and 268 

discussed in various sections elsewhere 

in this preamble. A generator subject to 

DOT shipper/carrier packaging 

requirements should be familiar with 

and aware of the marking requirements 

at 49 CFR 172.301 and 49 CFR 172.304, 

as well as prohibited labeling and label 

visibility requirements at 49 CFR 

172.401 and 172.406, respectively. 

Because the hazardous waste 

generated and accumulated by a CESQG 

will be subsequently sent off site to an 

LQG under the same company in 

compliance with DOT hazardous 

material regulations, the CESQG may 

choose to use an appropriate DOT 

proper shipping name found in the 49 

CFR 172.101 hazardous materials table 

to identify the contents of the container 

while hazardous waste is accumulating 

on site. That way, the generator will 

fulfill EPA and DOT requirements 

simultaneously; however, EPA is not 

proposing to require the use of the DOT 

shipping names while the hazardous 

waste is accumulating on site. We only 

suggest that the DOT shipping name 

may be one way that some generators 

may choose to identify the contents of 

the container. 

EPA believes use of the DOT marking 

requirement should be sufficient in 

many situations involving DOT Class 9 

hazardous materials that are also 

hazardous waste, with the DOT 

shipping name ending in N.O.S. (not 

otherwise specified). As noted at 49 CFR 

172.301(b), generators using a DOT 

shipping name ending in N.O.S. must 

also provide the technical name of the 

hazardous material in association with 

the proper shipping name. However, the 

Agency is requesting comment on 

examples of when the DOT shipping 

name would not meet EPA’s intent of 

‘‘identifying the contents of the 

container’’ and suggestions for 

addressing this situation. 

EPA believes that CESQGs should 

label and mark containers of hazardous 

waste sent to LQGs in order to 

communicate the contents of the 

containers to facility personnel that can 

then safely manage the hazardous waste 

in compliance with the LQG 

regulations. Since CESQGs already must 

make a hazardous waste determination 

to determine if and what types of 

hazardous waste they generate, the 

Agency does not believe this condition 

will pose an undue burden. In fact, if 

the CESQG was not required to provide 

this information, the burden to the LQG 

receiving the hazardous waste may 

increase because the LQG would then 

have to do so. 

Conditions for Exemption for LQGs 

EPA is proposing that LQGs receiving 

hazardous waste from CESQGs under 

the control of the same person comply 

with the following conditions for 

exemption, all proposed at § 262.17(g). 

a. Notification. EPA is proposing that 

LQGs receiving hazardous waste from 

CESQGs under the control of the same 

person submit a notification to EPA or 

their authorized state using EPA form 

8700–12 (i.e., the Site Identification 

(Site ID) form) 30 days prior to receiving 

the first shipment of hazardous waste 

from the CESQG. LQGs would be 

required to identify in the Comments 

section of the Site ID form the name(s), 

site address(es), and contact information 

for the CESQG(s) that will be 

transferring hazardous waste to the 

LQG. LQGs would also be required to 

submit an updated Site ID form within 

30 days should the name, site address, 

or contact information for the CESQG 

change. 

Notification in this instance serves to 

inform the regulatory authorities of 

which LQGs are receiving hazardous 

waste from which CESQGs under 

control of the same person. The Agency 

believes notification is necessary in 

order to communicate to inspectors the 

origin of the hazardous waste received 

by the LQG and to ensure that the 

received shipment is managed in 

compliance with the conditions of the 

provision. EPA also believes that 

notification by the LQG, rather than 

notification by the CESQG, is more 

efficient and less burdensome, because 

LQGs are already required to submit 

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Site ID forms as part of obtaining a 

RCRA Identification Number and as part 

of the biennial reporting process. 

Additionally, it is more efficient for one 

LQG to notify on behalf of many 

CESQGs. 

EPA has recently made available an 

electronic interface for states and the 

regulated community to use to submit 

Site ID forms electronically, which will 

further reduce burden on LQGs. 

Facilities should check with their states 

regarding whether their state will use 

EPA’s electronic submittal process. 

b. Recordkeeping. LQGs would be 

required to maintain records for three 

years from the date the hazardous waste 

was received from the CESQG with the 

following information: 

• The name, site address, and contact 

information for each CESQG; and 

• A description of each waste 

shipment received from the CESQG, 

including the quantity, EPA hazardous 

waste number(s) of each waste received, 

and the date the hazardous waste was 

received. 

EPA believes recordkeeping is 

necessary to ensure the requirement that 

the CESQG and LQG are under control 

of the same person is met, as well as to 

ensure that the hazardous waste from 

the CESQG is managed according to the 

other conditions for exemption of this 

provision, such as that LQGs are 

receiving shipments of hazardous waste 

from CESQGs in quantities 

commensurate with the CESQG’s 

generator category. EPA believes this 

recordkeeping condition could be 

fulfilled through routine business 

records, such as a bill of lading, and 

would not present undue burden to the 

LQG. Additionally, the LQG could use 

this information in order to report the 

hazardous waste from the CESQG on its 

biennial report forms. 

c. Labeling and marking of containers. 

The Agency is proposing that LQGs 

comply with the labeling and marking 

conditions for exemption under 

proposed § 262.17(a)(5), including the 

date accumulation started (i.e., the date 

the hazardous waste was received from 

the CESQG). (Note: These are the same 

proposed standards that CESQGs must 

comply with in labeling and marking 

containers that they send to LQGs, as 

discussed above.) If the LQG is 

consolidating incoming hazardous 

waste from a CESQG with either its own 

hazardous waste or with hazardous 

waste from another CESQG, the LQG 

would be required to mark each 

container with the earliest date any 

hazardous waste in the container was 

accumulated on site. 

Because the LQG must manage the 

hazardous waste it receives from 

CESQGs according to the LQG 

regulations, EPA believes that the same 

labeling and marking regulations should 

apply to hazardous waste from a CESQG 

that is accumulated and managed by an 

LQG. EPA believes that it is important 

that employees, transporters, 

downstream handlers, emergency 

personnel, EPA, and the states know as 

much as possible about the potential 

hazards of the contents in containers 

that LQGs accumulate, transport, and 

manage. 

d. Waste management. Under this 

proposal, an LQG would be required to 

manage all incoming hazardous waste 

from a CESQG in compliance with the 

regulations applicable to its LQG 

generator category. In other words, there 

would be no difference in how the 

hazardous waste from a CESQG was 

managed relative to the management of 

the LQG’s own hazardous waste, 

although hazardous waste from a 

CESQG would not be eligible for 

management under the satellite 

accumulation regulations (proposed 

§ 262.15). 

4. Biennial Reporting 

An LQG would also be required to 

report the hazardous waste it receives 

from CESQGs on its biennial report, as 

required under § 262.41. EPA plans to 

include a new source code in the 

biennial report instructions (if this 

provision is made final) that LQGs 

would use to identify the hazardous 

waste as being received from a CESQG 

(to differentiate from hazardous waste 

the LQG generates on site). Generators 

would be required to report hazardous 

waste they receive from CESQGs by type 

of hazardous waste. In other words, if an 

LQG receives the same type of 

hazardous waste from multiple CESQGs, 

it would only need to report the total 

quantity of that hazardous waste 

received from all CESQGs. This 

provision is consistent with the existing 

provision that LQGs must report 

information on the quantities and types 

of hazardous waste they generate as part 

of the biennial reporting process. It will 

also enable states and EPA to better 

understand the additional volumes and 

types of hazardous wastes managed at 

an LQG, which will assist in prioritizing 

compliance assistance. 

5. No Maximum Limit of Hazardous 

Waste LQGs Receive From CESQGs 

Because LQGs currently have no 

maximum limit on the amount of 

hazardous waste they can accumulate, 

and because the regulations that are 

applicable to LQGs are protective, the 

Agency believes there is no need to 

establish a maximum limit on the 

amount or types of hazardous waste that 

an LQG could receive from CESQGs. In 

fact, we believe the more hazardous 

waste that is shipped to LQGs, the 

greater potential for reduced risk, since 

these hazardous wastes would be 

managed under the more 

comprehensive hazardous waste 

regulations, as opposed to potentially 

being sent to non-hazardous waste 

disposal facilities. 

6. Enforcement 

EPA believes the proposed conditions 

to allow CESQGs to send their 

hazardous waste to an LQG under the 

control of the same person are necessary 

to ensure protection of human health 

and the environment. Failure to meet 

one or more of the conditions could lead 

to potential mismanagement of the 

hazardous waste, potentially resulting 

in a release of hazardous waste or 

hazardous waste constituents to the 

environment. Persons taking advantage 

of the proposed provision that fail to 

meet one or more of the conditions for 

exemption would be subject to an 

enforcement action under RCRA section 

3008 for violations of applicable 

independent requirements in part 264, 

265, 267, 268, and 270. EPA and 

authorized states would also have the 

authority to cease certain transfers of 

hazardous waste from CESQGs to an 

LQG in the context of an enforcement 

action. EPA also notes that failure on 

the part of the LQG to meet one of the 

conditions for exemption would not 

mean that the CESQG is subject to 

permitting or other standards in 264, 

265, and 270, provided that the CESQG 

met its conditions for exemption and 

vice versa. 

7. Interstate Shipments 

Under RCRA, authorized state 

programs may be more stringent than 

the federal program and thus states may 

choose not to adopt the proposed 

provision allowing CESQGs to send 

their hazardous waste to an LQG under 

the control of the same person. In the 

case of interstate shipments where a 

CESQG wants to transfer its waste to an 

LQG located in a different state than the 

CESQG, the CESQG must ensure that 

both states have adopted the provision 

in order to ship the hazardous waste to 

an LQG. Additionally, if a CESQG wants 

to transfer its waste through states that 

have not adopted the proposed 

provision, these transit states may also 

impose state requirements on the 

shipment while it is being transported 

through the state. Therefore, EPA 

recommends that generators contact any 

states through which the hazardous 

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waste will be shipped to ascertain their 

policy about such shipments. 

8. Request for Comment 

EPA requests comment regarding its 

proposal to allow CESQGs to ship their 

hazardous waste to an LQG under the 

control of the same person. 

EPA is also requesting comment on 

whether to establish a process that 

would allow an entity (whether CESQG 

or LQG) to request approval from its 

EPA Regional Administrator or the 

authorized state to transfer hazardous 

waste from CESQGs to LQGs that are not 

under the control of the same person. 

For example, such inter-company 

transfers could occur between high 

school laboratories and university 

laboratories or other waste management 

companies, such as those assisting with 

school chemical clean-outs. While the 

Agency believes that this should not be 

allowed as a general matter, we also 

recognize that there may be instances 

where such an arrangement may be 

appropriate, and thus, are taking 

comment on allowing such 

arrangements on a case-by-case basis. 

EPA is interested in whether such intercompany transfers would produce the 

same benefits as for intra-company 

transfers in enabling greater control over 

the management of CESQG hazardous 

waste, thereby resulting in improved 

efficiency and reduced liability for the 

generator. 

The request for approval submitted to 

the state or Regional office would have 

to include the name, address, and 

contact information for each entity 

involved in the arrangement, how the 

entities will assign responsibility for the 

safe management of the hazardous waste 

during transport to and accumulation by 

the LQG, as well as a description of the 

actual practices that will be followed by 

the CESQG and LQG to ensure the safe 

management of the hazardous waste. 

EPA does not believe that these requests 

for approval would need publication in 

the Federal Register and, instead, 

would either be approved or denied by 

the EPA Regional Administrator or the 

authorized state. If a request is granted 

by the EPA Regional Administrator or 

the authorized state, the CESQG(s) and 

LQG would need to comply with the 

conditions discussed above for those 

CESQGs and LQGs that are ‘‘under 

control’’ of the same person. In addition, 

the LQG would need to keep a copy of 

the request for approval, as well as 

EPA’s or the state’s approval for as long 

as the CESQG sends their hazardous 

waste to the LQG. 

EPA is requesting comment on an 

additional variation for allowing LQGs 

to consolidate CESQG hazardous waste 

when the generators are not under the 

control of the same person with a selfimplementing request for approval. 

Under this variation, the implementing 

agency would have sixty days from the 

date the request was sent to approve or 

deny it. After sixty days, the generator 

may start consolidating regardless of 

whether it has heard back from the 

implementing agency. This option 

provides the state or Regional office the 

ability to deny requests that pose a risk 

to human health or the environment or 

that come from entities that have a 

history of not managing waste 

responsibly, but puts a limit on how 

long a generator must wait for a 

response to its request for approval. 

Effect of the Proposed Reorganization: 

This section is affected by the proposed 

reorganization. The reorganization of 

the generator regulations would move 

the conditions for CESQGs from § 261.5 

to § 262.14 and the conditions for LQGs 

from § 262.34 to § 262.17. The 

reorganization is discussed in section 

XIII of this preamble. 

D. Requiring Biennial Reporting for 

Owners or Operators of Facilities That 

Recycle Hazardous Waste Without 

Storing It (40 CFR 261.6(c)(2)) 

EPA is proposing to modify 40 CFR 

261.6(c)(2) to require owners or 

operators of facilities that recycle 

hazardous waste without storing it prior 

to recycling to comply with the biennial 

reporting requirements at 40 CFR 

265.75. Because these entities receive 

hazardous waste using a hazardous 

waste transporter and hazardous waste 

manifest, similar to a permitted TSDF or 

a facility with interim status, the 

Agency is proposing to amend its 

regulations and instructions to specify 

that such facilities must complete and 

submit a biennial report to EPA. 

Without this information, the Agency 

and states may have an incomplete 

picture of which facilities recycle 

hazardous waste and the quantities of 

regulated hazardous wastes that are 

recycled, impeding their ability to 

provide adequate oversight for those 

facilities. 

The Agency believes that only a few 

recycling facilities will be affected by 

this change. Additionally, considering 

that most facilities already have 

sophisticated information systems to 

manage and track incoming shipments 

of hazardous waste, we believe the 

burden imposed on such facilities 

should be minimal. 

The Agency requests comment on this 

proposed change. Additionally, the EPA 

is interested in information regarding 

whether these facilities already 

routinely submit biennial reports or are 

required by the states to submit biennial 

reports. 

Effect of the Proposed Reorganization: 

This section is not affected by the 

proposed reorganization. 

VIII. Proposed Revisions to 40 CFR Part 

262—Standards Applicable to 

Generators of Hazardous Waste 

A. Proposed Addition of Terms Used in 

This Part and Changes to Purpose, 

Scope, and Applicability (40 CFR 262.1 

and 262.10) 

As previously discussed, one of the 

objectives of this proposal is to revise 

the hazardous waste generator 

regulations to make them more userfriendly and easily understood by both 

the regulated community and federal 

and state regulators. Currently, the 

hazardous waste generator regulations 

are located primarily in three different 

parts of the CFR (40 CFR parts 261, 262, 

and 265). In some cases, it is difficult to 

determine what components of the 

regulations apply to different categories 

of hazardous waste generators. 

The proposed reorganization will 

address many of these problems by 

moving the regulations at § 261.5 and 

some of the technical standards of part 

265 into part 262 and by organizing the 

regulations based on a generator’s 

category so generators can more easily 

determine which regulations they are 

subject to. That is, EPA is proposing that 

§ 262.14 contain conditions for 

exemption for conditionally exempt 

small quantity generators, that § 262.15 

contain conditions for exemption for 

satellite accumulation areas, that 

§ 262.16 contain conditions for 

exemption for small quantity generators, 

and that § 262.17 containing conditions 

for exemption for large quantity 

generators. 

In concert with the reorganization of 

the generator conditions for exemption, 

EPA is proposing to add some 

regulatory language to more clearly 

explain how the regulations work for 

generators and to lay out which 

provisions the various categories of 

generators are responsible for complying 

with. The proposed addition of § 262.1 

and the proposed revisions to § 262.10 

are meant to achieve these goals. 

1. Proposed Addition of 40 CFR 262.1 

One concern regarding the current 

generator regulations is that they are not 

sufficiently clear about the distinction 

between the two types of generator 

requirements: Those that a generator 

must meet because it is an entity that 

generates hazardous waste— 

independent requirements—and those 

that a generator must meet only if it 

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wants the benefits of an exemption from 

RCRA permitting—conditions for 

exemption. In order to make the 

regulations clearer regarding this 

distinction, EPA is proposing to include 

definitions for these terms in a new 

section of the regulations at § 262.1. 

The difference between independent 

requirements and conditions for 

exemption, as discussed previously in 

this preamble, lies in the nature of each, 

and in the consequences that result 

when each is not met. An independent 

requirement is an unqualified or 

unconditional requirement imposed 

without reference or regard to obtaining 

an optional exemption from regulation. 

That is, independent requirements must 

be met whether or not the generator 

accumulates hazardous waste. An 

independent requirement is applicable 

and enforceable, independent of 

whether the generator is attempting to 

obtain an exemption. 

A condition for exemption, on the 

other hand, is a requirement that is 

contingent in nature, in that it is only 

necessary to meet in order to obtain an 

optional exemption from other 

requirements. As an example, the 

regulations in § 262.34(a) introduce the 

conditions of the LQG exemption by 

stating that the LQG may accumulate 

hazardous waste on site for 90 days or 

less without a permit or without having 

interim status, provided that it meets 

the conditions listed in that paragraph. 

This distinction is relevant because 

while an entity can ‘‘violate’’ and be 

penalized for violating an independent 

requirement, an entity cannot be 

penalized for not complying with a 

condition for an optional exemption. 

Instead, if the entity does not comply 

with the conditions of the exemption, 

that exemption no longer applies and 

the entity becomes subject to full 

regulation. Violation of an independent 

requirement, such as an SQG failing to 

obtain an EPA identification number, 

can result in a notice of violation and 

enforcement action for that particular 

provision. Noncompliance with a 

condition for exemption, such as an 

LQG accumulating hazardous waste for 

more than 90 days, however, can result 

in an entity losing its conditional status 

and becoming the operator of a nonexempt storage facility subject to the 

applicable requirements for storage 

facilities in parts 124, 264, 265, 267, 268 

and 270, and for generators in part 262. 

EPA is proposing to define an 

‘‘independent requirement’’ as a 

requirement of any of part 262 that 

states an event, action, or standard that 

must occur or be met and that applies 

without relation to, or irrespective of, 

the purpose of obtaining a conditional 

exemption from a permit or having 

interim status under § 262.14, 262.15, 

262.16, or 262.17. 

EPA is proposing to define a 

‘‘condition for exemption’’ as any 

requirement in § 262.14, 262.15, 262.16, 

or 262.17, that states an event, action, or 

standard that must occur or be met in 

order to obtain a conditional exemption 

from any requirement in parts 124, 262 

through 268, or 270, or from any 

requirement for notification under 

section 3010 of RCRA. 

We will be using these terms 

throughout this preamble to distinguish 

between these two types of provisions 

for generators. 

EPA is requesting comment on this 

proposed change to the regulations, 

particularly whether it clarifies 

implementation of the generator 

regulations by industry and the 

regulating entities. 

Effect of the Proposed Reorganization: 

This section is not affected by the 

proposed reorganization. 

2. Proposed Changes to 40 CFR 

262.10(a) 

As part of the reorganization of the 

generator regulations, § 262.10(a), which 

addresses the purpose, scope, and 

applicability of the hazardous waste 

generator regulations, will list which 

generator provisions are independent 

requirements and which are conditions 

for a generator exemption from part 124, 

from the applicable standards of parts 

264 through 268, from the permitting 

requirements of part 270, and from 

section 3010 of RCRA. 

Specifically, EPA is proposing two 

changes to § 262.10(a): (1) Stating that a 

hazardous waste generator is subject to 

all the applicable independent 

requirements of part 262 and listing 

those independent requirements and (2) 

stating that a generator that accumulates 

hazardous waste on site is also 

considered to be a facility storing 

hazardous waste unless it meets the 

conditions for one of the generator 

exemptions in § 262.14, 262.15, 262.16, 

or 262.17. 

a. Independent requirements. As 

stated above, under the RCRA 

hazardous waste program, certain 

regulations are independent 

requirements and certain regulations are 

conditions for exemption from RCRA 

permitting and the interim status 

standards. 

To be clear about the distinctions 

between these types of standards, EPA 

is proposing to state at § 262.10(a)(1) 

that a person who generates a hazardous 

waste as defined by 40 CFR part 261 is 

subject to all the applicable 

independent requirements in the 

subparts and sections listed, unless the 

person is a conditionally exempt small 

quantity generator (or ‘‘very small 

quantity generator,’’ in the terminology 

of the proposed rule) that meets the 

conditions for exemption in § 262.14. 

This new addition will reinforce to 

generators that they must meet these 

independent requirements whether or 

not they accumulate hazardous waste on 

site. 

b. Conditional exemption for CESQG, 

SQG, and LQG. The RCRA hazardous 

waste generator regulations provide 

generators that accumulate hazardous 

waste on site with exemptions from the 

hazardous waste permitting standards 

and compliance with interim status 

standards in 40 CFR parts 264 and 265, 

provided certain conditions are met. 

Therefore, EPA is proposing to state at 

§ 262.10(a)(2) that a generator that 

accumulates hazardous waste on site is 

also considered a facility that stores 

hazardous waste, unless it is excluded 

because it meets the conditions of being 

a generator. The paragraph then lists the 

generator categories and where to find 

the relevant conditions for each, in 

§ 262.14, 262.16, or 262.17. 

These proposed changes to § 262.10 

do not constitute substantive changes to 

the hazardous waste generator 

regulations. Rather, these changes 

simply reorganize the independent 

requirements and conditions for 

exemption applicable to all hazardous 

waste generators based on their 

generator category into one section of 

the regulations. EPA also believes these 

changes will reduce confusion for the 

regulated community in the context of 

enforcement actions. It has been the 

Agency’s longstanding position that 

generators that do not comply with a 

condition of a generator exemption fail 

to qualify for the exemption and, if they 

have not qualified for any other 

exemption, they would be considered 

an operating TSDF without a permit 

and/or in violation of the storage facility 

operating standards in parts 264 or 265. 

The Agency believes this proposed 

reorganization will improve the use of 

and compliance with the regulations. 

EPA is requesting comment on these 

proposed changes. 

Effect of the Proposed Reorganization: 

This section is affected by the proposed 

reorganization. The reorganization is 

discussed in section XIII of this 

preamble. 

3. Proposed Deletion of § 262.10(c) 

Section 262.10(c) of the hazardous 

waste regulations is a provision that 

describes the requirements for a 

generator who treats, stores, or disposes 

of hazardous waste on-site and includes 

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a list of provisions these generators 

must comply with. EPA believes that 

this provision in the regulation is 

outdated and confusing and can be 

removed. EPA is proposing to delete 

and reserve this paragraph. 

When § 262.10(c) was initially 

promulgated on February 26, 1980, the 

hazardous waste generator regulations 

distinguished between the generators 

that sent hazardous waste to be 

managed off site and those that managed 

their hazardous waste on site. 

Generators that sent hazardous waste off 

site could manage it for 90 days in an 

accumulation area, but generators that 

managed hazardous waste on site were 

expected to manage it under their 

permits or under interim status 

regulations. The purpose of § 262.10(c) 

was to provide the list of requirements 

that generators managing hazardous 

waste were required to follow in 

addition to those permits or interim 

status requirements. 

This distinction meant that the two 

types of generators had very different 

standards for the areas where newly 

generated hazardous waste was 

managed. Significantly, generators 

sending hazardous waste off site could 

easily make physical changes to their 

accumulation areas, whereas a similar 

generator managing hazardous waste on 

site under a permit had to go through 

the permit modification process to make 

the same kind of changes. EPA 

effectively eliminated the distinctions 

by revising these regulations (45 FR 

76624, November 19, 1980 and 47 FR 

1248, January 11, 1982). The final rule 

promulgated in January 11, 1982, made 

a change to § 262.10(c) that added the 

generator accumulation provisions at 

§ 262.34 to the list of things a generator 

who treats, stores, or disposes of 

hazardous waste on site must comply 

with. Currently, the Agency does not 

make this distinction between 

generators that send waste for treatment 

off site and those that manage waste on 

site. This revision is therefore outdated 

and not well understood and can be 

deleted and reserved without disruption 

to the generator hazardous waste 

regulations. 

EPA seeks comment on whether 

anyone is using this provision or has 

objection to its removal and what the 

reasoning for that objection is. 

Effect of the Proposed Reorganization: 

This proposed deletion is not affected 

by the proposed reorganization. 

4. Generators Are Subject To 

Enforcement of Applicable 

Requirements and Penalties Under 

Section 3008 of RCRA if They Fail To 

Meet the Independent Requirements 

Made Applicable by the Failure To 

Obtain a Conditional Exemption (40 

CFR 262.10(g)) 

The existing regulation at § 262.10(g) 

states that a generator is subject to the 

compliance requirements and penalties 

prescribed in section 3008 of [RCRA] if 

it does not comply with the 

requirements of that part. However, this 

paragraph does not expressly state that 

a generator that is not meeting the 

conditions of its exemption—and is, 

therefore, an illegal TSDF—is liable 

under section 3008 of RCRA for failing 

to meet the requirements for TSDFs in 

parts 124, 264 through 268, and 270. 

Therefore, EPA is proposing to revise 

§ 262.10(g) to state that a generator is 

subject to enforcement of the applicable 

requirements and penalties under 

section 3008 of RCRA if it fails to meet 

its applicable independent requirements 

under part 262: § 262.11 (Hazardous 

waste determinations and 

recordkeeping), § 262.12 (Obtaining an 

EPA identification number), part 262 

subpart B (Manifest), §§ 262.30 through 

260.33 (Pre-transport) and part 262 

subpart D (Recordkeeping and 

reporting). The new language would 

further explain that a generator is 

subject to enforcement of the applicable 

requirements and penalties under 

section 3008 of RCRA if it fails to meet 

the applicable requirements of parts 

124, 263 through 268, and 270, 

including such requirements made 

applicable when such person is not 

meeting the conditions of the generator 

exemption. 

EPA is requesting comment on these 

proposed changes. 

Effect of the Proposed Reorganization: 

This section is not affected by the 

proposed reorganization. 

5. Proposed Deletion of Laboratory XL 

Project Regulations (40 CFR 262.10(j) 

and Part 262 Subpart J) 

The Laboratory XL Project was 

created for Boston College, the 

University of Massachusetts, and the 

University of Vermont, and was 

finalized in the Federal Register on 

September 28, 1999 (64 FR 53292). 

Originally, the program was to expire on 

September 30, 2003. But on June 21, 

2006, EPA extended the program and 

the new expiration date was changed to 

April 15, 2009 (71 FR 35550). Since the 

program has now expired, EPA is 

proposing to remove paragraph (j) from 

§ 262.10, as well as part 262 subpart J. 

EPA is requesting comment on this 

proposed change. 

Effect of the Proposed Reorganization: 

This section is not affected by the 

proposed reorganization. 

6. Generators Shall Not Transport to a 

Non-Designated Facility 

The Agency is proposing to add a new 

provision at § 262.10(a)(3) that would 

clearly and succinctly state that a 

generator cannot offer or otherwise 

cause its waste to be sent to a facility 

that is not authorized to accept it. 

As the Agency has stated numerous 

times in the development and 

implementation of the RCRA hazardous 

waste program, a fundamental aspect of 

the program is the responsibility placed 

on the generator of hazardous waste to 

ensure its hazardous waste is properly 

managed from cradle to grave. 

Numerous existing regulatory 

provisions are designed to ensure that 

generators send their hazardous waste 

only to authorized TSDFs or other 

authorized facilities. See for example, 

§§ 262.12(c), 262.20(b), 262.40(a). 

However, from experience with the 

program, the Agency has found 

situations where a generator failed to 

send its hazardous waste to a facility 

authorized to receive that waste, thus 

creating both regulatory and potential 

hazardous waste mismanagement 

problems. The Agency believes this 

provision is necessary to ensure 

generators understand they have this 

obligation and, for that reason, is 

placing it in the initial provisions of the 

generator regulations. 

This provision is being added to the 

regulatory framework and not replacing 

§§ 262.12(c), 262.20(b), 262.40(a), as 

those provisions are aimed at other 

aspects of the generator program (for 

example, ensuring manifests are 

properly completed). 

The Agency requests comment on 

adding this new provision. 

B. Waste Determinations (40 CFR 

262.11) 

EPA is proposing to revise the 

hazardous waste determination 

regulations at § 262.11 in order to 

provide a more complete explanation of 

the regulation and improve compliance 

by hazardous waste generators. The 

proposed changes are intended to 

provide more information about when a 

waste determination must be made, as 

well as to better explain the methods 

and procedures for generators to 

determine whether they have a listed 

hazardous waste or a characteristic 

waste. The proposed changes also 

address some deficiencies in the current 

recordkeeping regulations. 

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Specifically, the proposed changes 

discussed in this section are the 

following: (1) Confirming that a 

generator’s waste must be classified at 

its point of generation and, for wastes 

potentially exhibiting a hazardous 

characteristic, at any time during the 

course of its management when the 

properties of the wastes may change; (2) 

revising the language on making a 

determination for a listed hazardous 

waste in § 262.11 to explain more fully 

how generators can make this kind of 

determination, including use of 

acceptable kinds of generator 

knowledge; (3) explaining more 

completely in the regulations in 

§ 262.11 how a generator should 

evaluate its waste for hazardous 

characteristics; (4) moving the 

independent recordkeeping and 

retention requirements for hazardous 

waste determinations currently found at 

§ 262.40(c) into § 262.11 to integrate this 

provision more directly into the 

hazardous waste determination 

regulations; (5) revising the hazardous 

waste determination recordkeeping 

regulations to require that SQGs and 

LQGs maintain records of any test 

results, waste analyses, or other 

determinations made in accordance 

with § 262.11 for at least three years, 

including waste determinations where a 

solid waste (as defined in § 261.2) is 

found not to be a RCRA hazardous 

waste (as defined in § 261.3); (6) 

revising the hazardous waste 

determination regulations by copying 

§ 262.40(d) into § 262.11 to address 

situations where an enforcement action 

has been initiated and the period of 

record retention (e.g., three years from 

when the record was generated) must be 

extended automatically during the 

course of any unresolved enforcement 

action regarding the regulated activity or 

as requested by the Administrator; and 

(7) making clear at the very beginning of 

§ 262.11 that the hazardous waste 

determination must be accurate. 

In addition, EPA is asking for 

comment in this section on two 

additional potential changes regarding 

the accuracy of hazardous waste 

determinations and the length of time 

records must be maintained. 

Finally, EPA discusses the potential 

development of an electronic decision 

making tool for hazardous waste 

determinations and takes comment on 

whether that would be a helpful tool to 

generators. 

The revisions proposed at § 262.11 are 

designed to improve compliance by 

generators in making a hazardous waste 

determination for their solid wastes. To 

a great extent, the success of the RCRA 

hazardous waste regulatory program 

begins with and relies on generators 

making this determination. Failure to 

make an accurate hazardous waste 

determination may lead to 

mismanagement of the waste, with 

potential adverse consequences to 

human health and the environment. As 

described below, generators may have a 

difficult time making an accurate 

hazardous waste determination for a 

variety of reasons. 

Many of the proposed changes at 

§ 262.11 derive from policy statements 

and clarifications the Agency has made 

through the years in FR notices, 

guidance documents, and policy letters 

to help explain how hazardous waste 

determinations should be made. The 

proposed changes also derive from 

issues identified in EPA’s 30 years of 

experience implementing the RCRA 

hazardous waste program. 

1. Background 

The regulations at § 262.11 require 

generators of solid waste (as defined at 

§ 261.2) to determine whether their 

waste is also a hazardous waste. Under 

RCRA, a solid waste may be hazardous 

if it is either listed as hazardous or 

exhibits a hazardous waste 

characteristic. Listed hazardous wastes 

are wastes that the Agency has 

specifically evaluated and determined 

may present a risk to human health and 

the environment, if improperly 

managed. Such wastes can be generated 

by specific processes of particular 

industries or by many different types of 

industry (e.g., spent degreasing solvents) 

or hazardous commercial chemical 

products being discarded as surplus, off 

specification, or for another reason. 

Wastes that exhibit any of the four 

hazardous characteristics (ignitability, 

corrosivity, reactivity, toxicity) are also 

classified as hazardous. Hazardous 

wastes are subject to a number of 

handling and disposal requirements 

intended to prevent them from 

damaging human health or the 

environment. 

Once a generator has determined from 

§ 261.2 that it has generated a solid 

waste, the regulations at § 262.11 

currently provide the following method 

for a generator to determine if a waste 

is a hazardous waste: 

(1) It should first determine if the 

waste is excluded from regulation under 

the exclusions found in 40 CFR 261.4. 

(2) It must then determine if the waste 

is listed as a hazardous waste in subpart 

D of 40 CFR part 261. Note that even if 

the waste is listed, the generator still has 

an opportunity under 40 CFR 260.22 to 

demonstrate to the Administrator that 

the waste from his particular facility or 

operation is not a hazardous waste. 

(3) For purposes of compliance with 

the land disposal restrictions in 40 CFR 

part 268, or if the waste is not listed in 

subpart D of 40 CFR part 261, the 

generator must then determine whether 

the waste is identified in subpart C of 

40 CFR part 261 by either: 

(A) Testing the waste according to the 

methods set forth in subpart C of 40 CFR 

part 261, or according to an equivalent 

method approved by the Administrator 

under 40 CFR 260.21; or 

(B) Applying knowledge of the hazard 

characteristic of the waste in light of the 

materials or the processes used. 

(4) Finally, if the waste is determined 

to be hazardous, the regulations state 

that the generator must refer to parts 

261, 264, 265, 266, 267, 268, and 273 of 

this chapter for possible exclusions or 

restrictions pertaining to management of 

the specific waste. 

A generator’s responsibility begins 

with applying due diligence through 

knowledge of its processes, feedstocks, 

and wastes generated, and/or testing to 

make an accurate hazardous waste 

determination for the solid waste it has 

generated (see § 261.2). The Agency 

considers the application of the above 

information (e.g., knowledge of the 

production processes, feedstocks, and 

wastes generated and/or information 

from testing) to be acceptable types of 

generator knowledge. Failure to 

consider any relevant types of 

knowledge could be viewed critically if 

a situation arose in which a particular 

generator’s waste determination came 

under scrutiny. Once a determination 

has been made that a generator’s solid 

waste is a hazardous waste, then the 

generator can initiate the process of 

quantifying the total amount of 

hazardous waste generated in a calendar 

month to determine its generator 

category, and from that, determine the 

regulations with which it must comply. 

If an incorrect hazardous waste 

determination is made (i.e., a hazardous 

waste is identified as non-hazardous), 

there is a strong possibility that the 

waste will not be managed 

appropriately, potentially leading to 

environmental releases and damage. 

From experience with the waste 

determination program, the Agency has 

found that there are a number of 

situations in which generators may 

misclassify their wastes. In some cases, 

generators overlook certain wastes that 

are unrelated to their production 

processes, discarding them in the trash 

without realizing that they have 

discarded a hazardous waste. In other 

cases, generators may not understand 

how the hazardous waste characteristics 

or listings regulations may apply to the 

waste. There are also instances in which 

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39A final rule for solvent-contaminated wipes 

was published in the Federal Register on July 31, 

2013. This rule provides an exclusion from the 

definition of solid waste for solvent-contaminated 

wipes that are recycled and an exemption from the 

definition of hazardous waste for discarded wipes 

provided specific conditions are met (78 FR 46447). 

40Summary of Waste Determination Meetings 

with VT and NH State Officials on September 27– 

28, 2010. 

41 ‘‘10 Most Common Hazardous Waste (RCRA) 

Violations in Georgia: 40 CFR 262.11 ‘‘Hazardous 

Waste Determination,’’ Georgia Department of 

Natural Resources https://epd.georgia.gov/sites/

epd.georgia.gov/files/related_files/site_page/

guidehwdet.pdf. 

42Hazardous Waste Determination Program 

Evaluation, IEc, April 2013. http://www.epa.gov/

evaluate/pdf/waste/haz-waste-determination.pdf. 

43RCRAInfo is EPA’s national repository for 

hazardous waste generation and management data. 

44 ‘‘Review of RCRA Inspection Report Practices,’’ 

May 2007. 

45EPA administers Iowa’s hazardous waste 

program. 

46 Iowa CESQG Inspections 2009–2012, October 

2012; Kansas CESQG Inspections 2009–2012, 

December 2012. 

47State Compliance Evaluation Inspections (CEI) 

for FY 2008–2012. 

48Hazardous Waste Determination Program 

Evaluation, IEc, April 2013. http://www.epa.gov/

evaluate/pdf/waste/haz-waste-determination.pdf. 

generators have not even known that 

RCRA and its regulations apply to their 

wastes. 

States have also identified difficulties 

generators have in making hazardous 

waste determinations as a concern. A 

study conducted by the State of New 

Hampshire found that generators often 

overlooked hazardous wastes they had 

generated apart from their main 

production operations, for example, 

solvent-contaminated wipes and aerosol 

cans.39 40

The Georgia Department of Natural 

Resources (GADNR) has also 

highlighted this problem in one of its 

publications, stating ‘‘Many solid waste 

streams at facilities tend to be 

overlooked as hazardous wastes because 

the solid waste usually does not 

resemble what one would think a 

hazardous waste looks like [i.e., wastes 

that are not a liquid chemical waste 

(rags, absorbents, or filters); or wastes 

that are not directly generated in 

manufacturing process (universal 

wastes, computers, electronics, or 

sludge in drains or sumps); wastes that 

are newly regulated (electronics); or 

wastes that are similar to household 

hazardous wastes (mercury 

thermometers, aerosol cans, batteries, 

and lamps), which are excluded as 

hazardous waste in accordance with 

§ 261.4(b)(1).].’’ 41

The importance of generators making 

an accurate hazardous waste 

determination cannot be overemphasized. In 2013, a contractor for 

EPA completed a third-party program 

evaluation of the hazardous waste 

determination regulations to better 

understand the reasons generators may 

have difficulty making reliable 

hazardous waste determinations.42 This 

study involved examining national 

compliance statistics associated with 

hazardous waste determinations and 

meeting with representatives of three 

state programs—Texas, Minnesota, and 

Colorado—and the regulated 

community in those states. Questions 

focused on rates of non-compliance 

with the hazardous waste determination 

regulations, obstacles to generator 

compliance, the role of state waste 

management programs and the role of 

third parties, such as environmental 

services companies or industry trade 

organizations. The interviewers also 

solicited stakeholder recommendations 

for improvement of the waste 

determination regulations. 

The evaluation reported the following 

findings. First, the average noncompliance rate with the RCRA 

hazardous waste determination 

regulations across the United States is 

approximately 34 percent. This figure is 

based on an analysis of hazardous waste 

determination violations during EPA 

compliance inspections recorded in 

EPA’s RCRAInfo data system from 2001 

to 2011.43 These results are supported 

by the results of other EPA analyses. For 

example, in a review of inspection 

reports of the foundry sector by EPA’s 

Office of Compliance, EPA found 26 of 

69 facilities, or 38 percent, with 

hazardous waste determination 

violations.44 Additionally, an EPA 

analysis of inspections at CESQG 

facilities conducted by the State of 

Kansas inspectors for the 2009–2012 

time period found a waste 

determination non-compliance rate of 

21 percent, and an EPA analysis of 

inspections of Iowa CESQG facilities 

conducted by EPA Region 7 inspectors 

for the same time period found a waste 

determination violation rate of 36 

percent.45 46

Probably the most comprehensive 

analysis involved examining all 

compliance evaluation inspections of 

LQGs, SQGs, and CESQGs conducted by 

both the EPA Regions and the states for 

fiscal years 2008–2012.47 Of the 62,003 

compliance evaluation inspections 

conducted during that time period, EPA 

and the states found 8,148 waste 

determination violations, resulting in a 

non-compliance rate of 13.1 percent. 

While the estimates of waste 

determination violation rates vary 

somewhat across the studies examining 

them, all of them identify violation rates 

that are significant. 

The evaluation also discussed a 

number of implementation challenges 

that lead to non-compliance with the 

hazardous waste determination 

regulations. The evaluation identified 

30 recurring themes that describe 

various obstacles, challenges, and 

factors that influence hazardous waste 

generators’ compliance with the 

hazardous waste determination 

regulations. These 30 themes fall into 

three overarching categories: (1) 

Challenges related to the regulations; (2) 

challenges related to generators; and (3) 

challenges related to regulatory 

agencies.48

The Agency is proposing changes 

intended to address the two challenges 

identified that are related to the 

regulations. These are (1) difficulty 

understanding the regulations as written 

and (2) difficulty interpreting and 

applying the regulations to specific 

circumstances. The proposed changes to 

§ 262.11 are intended to elaborate on the 

meaning and intent of these regulations 

to make them easier for generators to 

understand. We believe the better 

understanding resulting from these 

changes will also make it easier to 

appropriately apply the requirements to 

a broader range of specific 

circumstances. 

2. Improvements to the Existing 

Hazardous Waste Determination 

Regulations 

EPA’s evaluation of the waste 

determination regulatory program noted 

that improving compliance in making 

accurate waste determinations is a 

multi-faceted problem. The Agency 

believes improving the clarity of the 

regulatory text is an important step 

because it represents the foundation 

from which all subsequent EPA and 

state outreach, technical assistance and 

enforcement efforts begin. In this regard, 

EPA identified several particular areas 

for possible improvements to the 

current regulations: 

—Confusion about where and when to 

make a hazardous waste determination, 

particularly when further management 

of that material may result in a change 

in the hazardous waste determination. 

—§ 262.11(b), which relates to 

whether or not a solid waste is a listed 

hazardous waste, does not describe how 

a generator should determine if the 

material in question is a listed 

hazardous waste. 

—§ 262.11(c) states that a generator 

can either test its waste or use process 

knowledge or knowledge about its waste 

to determine whether a solid waste is a 

characteristic hazardous waste. 

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49A material must be a solid waste before it can 

be a hazardous waste under RCRA. 

50See Solid Waste Disposal Act, Sec. 1004, 

page 9. 

51A material must be a solid waste before it can 

be a hazardous waste under RCRA. 

52Note that making a solid and hazardous waste 

determination is also applicable for the exemptions 

identified at §§ 261.2 and 261.4 since such 

exemptions negate the determination. 

However, there is little guidance in the 

regulation on using knowledge to 

classify waste. 

—The existing regulatory text notes 

that test methods are included in the 

hazardous characteristic definitions in 

subpart C of part 261,but does not note 

that tests are not provided for all aspects 

of the hazardous characteristics 

identified there. 

The Agency has provided guidance on 

these issues over the past 30 years and 

through these proposed regulatory 

revisions intends to incorporate key 

aspects of that guidance into the 

regulatory language. 

Finally, EPA is proposing to address 

deficiencies in the recordkeeping for 

hazardous waste determinations. These 

deficiencies include both a lack of 

specificity regarding what materials 

used in a hazardous waste 

determination must be maintained and 

lack of a specific statement that the 

independent requirement to maintain 

records is extended when there is an 

unresolved enforcement action. In 

addition, there are large number of 

hazardous waste determinations for 

which records are not being kept 

because the generator determines that 

the material in question is not a 

hazardous waste. Failure to maintain 

records in these cases makes it difficult 

for regulatory agencies to determine 

how a generator made the determination 

and to quickly assess whether the 

determination is accurate. 

3. When and Where To Make a 

Hazardous Waste Determination 

To respond to generator concerns 

about identifying the most appropriate 

point at which to make a hazardous 

waste determination, EPA is proposing 

to revise § 262.11 to add a paragraph (a), 

which would state that a hazardous 

waste determination must be made at 

the point of waste generation (i.e., when 

the material becomes a solid waste).49

The RCRA statute makes clear that the 

term ‘‘hazardous waste generation’’ 

means the act or process of producing 

hazardous waste.50 By requiring that the 

initial hazardous waste determination 

be made at the point of generation, the 

regulation clarifies that the 

determination cannot be made 

downstream in the process where other 

materials could be mixed with the waste 

or where the waste changed its physical 

characteristics simply as a result of time 

elapsing affecting the hazardous waste 

determination. This standard must be 

met even in instances in which another 

entity, such as a waste management 

facility, makes the waste determination 

on behalf of the generator. 

The 1980 preamble to the original 

hazardous waste regulations explicitly 

discussed this scenario, stating that a 

solid waste which is a hazardous waste 

because it is listed in part 261 subpart 

D must begin to be managed as a 

hazardous waste when it first meets the 

subpart D listing description. The 

preamble explains that most of the 

hazardous wastes listed in §§ 261.31 

and 261.32 of subpart D (the F-list and 

the K-list) are process residues, 

emission control dusts, or wastewater 

treatment sludges and the point in time 

when they are created is generally well 

defined. For other hazardous wastes, 

such as spent solvents or those 

hazardous wastes listed in § 261.33, the 

point at which they meet the listing 

description is somewhat less well 

defined, but generally occurs when their 

intended use has ceased and they begin 

to be accumulated or stored for disposal, 

re-use, or reclamation. The preamble 

then goes on to provide several 

examples illustrating how this provision 

would operate in practice (45 FR 33095– 

96, May 19, 1980). 

The 1980 regulatory preamble also 

addressed this issue for characteristic 

hazardous waste. In defining what waste 

is considered hazardous, § 261.3(b)(3) 

states that ‘‘a solid waste becomes a 

hazardous waste . . . when the waste 

exhibits any of the characteristics.’’ EPA 

elaborated on this regulatory definition 

in 1980 by noting that ‘‘paragraph (b) 

provides that a solid waste is a 

hazardous waste whenever it exhibits 

one or more of the characteristics. As a 

practical matter, this means that persons 

handling solid waste must determine 

whether they meet the characteristics 

whenever the management of the waste 

would be subject to EPA’s part 262–265 

regulations’’ (45 FR 33095, May 19, 

1980). 

This implies that a generator’s waste 

characterization obligations may 

continue beyond the determination 

made at the initial point of generation. 

In the case of a non-hazardous waste 

that may, at some point in the course of 

its management, exhibit a hazardous 

waste characteristic, there is an ongoing 

responsibility to monitor and reassess 

its regulatory status if changes occur 

that may cause the waste to become 

hazardous. Thus, the generator must 

monitor the waste for potential changes 

if there is reason to believe that the 

waste may physically or chemically 

change during management in a way 

that might cause the waste, or a portion 

of the waste, to become hazardous. 

The preamble to the final rule for the 

toxicity characteristic reiterated that the 

current rules require that the 

determination of whether a waste is 

hazardous is to be made at the point of 

its generation (i.e., when the material 

becomes a solid waste).51 In the 

preamble to that rule, EPA stated that it 

believes that the determination of the 

regulatory status of a waste at the point 

of generation continues to be 

appropriate and that EPA was retaining 

the existing approach of requiring that 

a determination be made at the point of 

generation (55 FR 11830, March 29, 

1990). 

Thus, for determining whether a 

waste exhibits a hazardous 

characteristic, generators of solid waste 

are required to make a hazardous waste 

determination at the initial point of 

generation, in the form the waste is 

generated in (i.e., ‘‘as is’’), following the 

procedure described in § 262.11, which 

allows use of generator knowledge and/ 

or testing, as appropriate. A generator’s 

hazardous waste determination at the 

initial point of generation is critical to 

ensure proper management of the waste 

not only by the generator, but also by 

transporters and TSDFs who rely upon 

the generator’s determination to allow 

them to safely manage the waste and 

provide appropriate treatment.52

As an example, in a letter regarding a 

waste consisting of solvents mixed with 

water that separates and becomes 

biphasic over time, the Agency stated 

that in this situation, the generator must 

make the hazardous waste 

determination not only at the initial 

point of generation, but also after the 

waste separates into phases. This letter 

went on to say that a generator’s 

responsibility to make a hazardous 

waste determination may continue 

beyond the determination made at the 

initial point of generation. In the case of 

a nonhazardous waste that may, at some 

point in the future, exhibit a hazardous 

waste characteristic, there is an ongoing 

responsibility to monitor and reassess if 

changes occur that may cause the waste 

to become hazardous. 

Again, if there is reason to believe that 

the waste may physically or chemically 

change during management in a way 

that might cause the waste, or portion of 

the waste, to become hazardous, the 

generator must monitor the waste for 

these changes. The generator should 

also notify any subsequent handlers of 

the waste so they are aware that they 

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53Letter from Betsy Devlin, Director of EPA’s 

Materials Recovery and Waste Management 

Division, to Gary Jones, Printing Industries of 

America, November 20, 2012, RCRA Online 14834. 

54Note that once listed at §§ 261.31–33 wastes 

remain listed as hazardous wastes unless and until 

they are delisted in accordance with §§ 260.20 and 

260.22 or unless they are specifically excluded from 

§ 261.3, regardless of their actual composition and 

constituent concentrations even if the 

manufacturing and/or treatment processes do not 

use any of the constituents for which the wastes 

were listed. 

should also monitor the waste for 

changes. This is analogous to and 

consistent with situations the Agency 

has discussed in the past such as when, 

over time, sludges that exhibit the 

characteristic of toxicity settle out of 

nonhazardous wastewaters managed in 

surface impoundments.53

Therefore, to clarify that hazardous 

waste determination must be made at 

the point of generation, the Agency is 

proposing to revise the regulations at 40 

CFR 262.11 by adding a new paragraph 

(a) that would state that a hazardous 

waste determination for each solid 

waste must be made at the point of 

waste generation, before any dilution, 

mixing, or other alteration of the waste 

occurs, and at any time in the course of 

its management that it has, or may have, 

changed its properties as a result of 

exposure to the environment or other 

factors that may change the properties of 

the waste. 

This addition of paragraph (a) would 

change current § 262.11(a) into 

§ 262.11(b) and bump all subsequent 

paragraphs in that section. 

EPA requests comments on the 

proposed changes to § 262.11 and in 

particular is soliciting comment on 

whether the proposed new language is 

sufficient to improve the existing 

regulatory text and better assist 

generators in making effective 

hazardous waste determinations. 

Additionally, EPA is interested in 

comments regarding improvements the 

Agency could make to the proposed 

regulatory text. 

Effect of the Proposed Reorganization: 

This section is not affected by the 

proposed reorganization. 

4. Determining Whether a Waste Is a 

Listed Hazardous Waste 

a. Identifying listed hazardous wastes. 

As a general matter, determining 

whether a waste is a listed hazardous 

waste consists of comparing the waste 

that the generator generates to the 

hazardous waste listing descriptions in 

§§ 261.31 through 261.33. For many 

wastes, identifying the origin of the 

waste is sufficient to determine whether 

it is a listed waste and this 

determination is rather straightforward. 

However, this is not always the case. 

Sometimes additional information about 

the waste, the process that generated it 

(including production feedstocks), and 

the listing regulations is needed to make 

a reliable determination, including the 

following: (1) The regulatory language of 

the hazardous waste listing; (2) the 

regulatory intent of the original 

hazardous waste listing (as evidenced 

by FR notices and technical support 

documents and interpretative letters 

from the original listings); and (3) facts 

specific to the waste stream at issue.54

These three types of information can 

be considered as acceptable types of 

generator knowledge about a waste 

stream for making a hazardous waste 

determination. A November 20, 1997, 

Federal Register notice elaborates on 

the use of knowledge to make a listing 

determination—that is, determining 

whether a waste is a listed hazardous 

waste can be accomplished by 

comparing information on the waste 

stream origin with the RCRA listings set 

forth in 40 CFR part 261 subpart D. 

These listings are separated into four 

major categories or lists and are 

identified by EPA hazardous waste 

numbers starting with the letters K, F, 

P, or U, depending on the category of 

the waste. The hazardous waste 

numbers are associated with a specific 

waste description, specific processes 

that generate the wastes, or certain 

chemical compounds. For example, EPA 

hazardous waste number K103 is 

defined as ‘‘Process residues from 

aniline extraction from the production 

of aniline.’’ A generator that produces 

such residues should know, without any 

sampling or analysis, that these wastes 

are ‘‘listed’’ RCRA hazardous wastes by 

examining the K103 hazardous waste 

description in the hazardous waste lists 

and comparing this with the production 

process that generated the waste. 

Other hazardous waste listings 

describe wastes generated from generic 

processes that are common to various 

industries and activities. They include, 

for example, waste solvents (e.g., EPA 

hazardous waste numbers F001–F005), 

which are often used in the degreasing 

or cleaning processes of manufacturing 

operations, and thus are widely 

generated. EPA hazardous waste 

number F001 is a listed waste from a 

non-specific source that is defined by 

providing a list of spent halogenated 

solvents at a particular concentration 

before use and stating that they are F001 

when used in degreasing. Because this 

listed waste is from a non-specific 

source, the generator would compare 

this listing description to any industry 

operation where solvent degreasing is 

conducted to determine whether this 

waste meets the specific listing 

description. 

Note that these spent solvents are 

regulated as hazardous under RCRA, but 

only if the total of all the solvent 

constituents before use is greater than or 

equal to ten percent of the material’s 

volume. This adds a layer of complexity 

to the hazardous waste determination 

and requires that the generator have 

knowledge of the composition of the 

unused solvent before the waste is 

generated. 

Finally, the hazardous waste 

regulations include the ‘‘derived from’’ 

and ‘‘mixture’’ rules, which state that 

any solid waste derived from the 

treatment, storage, or disposal of a listed 

RCRA hazardous waste, or any solid 

waste mixed with a listed RCRA 

hazardous waste, respectively, is itself a 

listed RCRA hazardous waste until 

delisted (see § 261.3(a)(2)(iv) and 

§ 261.3(c)(2)(i), respectively) (62 FR 

62082, November 20, 1997). The 

exception to these rules is when the 

waste is listed solely because it exhibits 

a hazardous waste characteristic, but the 

particular waste in question no longer 

exhibits any hazardous characteristic 

(§ 261.3(g)). 

b. Proposal to provide further 

explanation in regulatory text about 

listed waste determinations. The current 

regulation at § 262.11(b) provides 

minimal information to generators for 

determining whether their waste is a 

listed hazardous waste. EPA is 

proposing that this paragraph be 

expanded and that it be redesignated as 

§ 262.11(c) to make room for existing 

paragraph (a) of § 262.11, which would 

be redesignated as paragraph (b) under 

the proposed new regulatory framework 

at § 262.11 and which addresses the 

generator determination of whether the 

solid waste it has generated is excluded 

from regulation under 40 CFR 261.4. 

The new § 262.11(c) would identify 

the types of acceptable information that 

the generator could consider in 

evaluating its waste against the 

hazardous waste listing descriptions 

and would assist them in determining if 

they have generated a listed hazardous 

waste. This proposed paragraph would 

state that if the waste is not excluded 

under 40 CFR 261.4, the person must 

then use knowledge of the waste to 

determine if the waste meets any of the 

listing descriptions under subpart D of 

40 CFR part 261. Acceptable knowledge 

that may be used in making an accurate 

determination as to whether the waste is 

listed includes, but is not limited to, 

waste origin, composition, the process 

producing the waste, feedstock, and 

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55Letter from Sylvia Lowrance, Director of EPA’s 

Office of Solid Waste to Basil Constantelos, SafetyKleen, October 28, 1992, RCRA Online 13570. 

56Letter from Sylvia Lowrance, Director of EPA’s 

Office of Solid Waste to James Maes, Blue Beacon 

International, Inc., May 1, 1991, RCRA Online 

11603. 

other relevant information. If the waste 

is listed, the person may file a delisting 

petition under 40 CFR 260.20 and 

260.22 to demonstrate to the 

Administrator that the waste from this 

particular site or operation is not a 

hazardous waste. 

EPA requests comments on these 

proposed modifications to § 262.11(c). 

Effect of the Proposed Reorganization: 

This section is not affected by the 

proposed reorganization, but the 

contents of the current § 262.11(b) are 

proposed to be revised and moved to 

§ 262.11(c) to account for the proposed 

inclusion of a new § 262.11(a). 

5. Determining Whether a Waste Is a 

Characteristic Hazardous Waste 

The RCRA hazardous waste 

regulations identify four characteristics 

that can result in a hazardous waste 

classification: ignitability, corrosivity, 

reactivity, and toxicity. Wastes 

exhibiting any of these characteristics 

have EPA hazardous waste numbers 

starting with the letter ‘‘D’’ and the 

regulations defining these 

characteristics are at §§ 261.20 through 

261.24. The current § 262.11 regulations 

identify two methods for determining 

whether a solid waste is hazardous 

because it exhibits a hazardous 

characteristic: (1) Testing of the waste or 

(2) using knowledge of the hazard 

characteristic and the materials and 

processes used in generating the waste. 

Further, even if a waste is a listed 

hazardous waste, the regulations require 

the generator to determine whether it 

also exhibits a hazardous characteristic 

to ensure that all waste treatment 

obligations under part 268 are met. This 

ensures that the waste can be treated to 

mitigate hazards posed by chemicals or 

properties for which it was listed, and 

also any characteristic hazards, which 

may be different from hazards that are 

the basis for listing. 

a. Use of testing to identify waste 

exhibiting a hazardous characteristic. 

The current regulations at §§ 261.20 

through 261.24 describe two different 

ways to determine whether a solid 

waste is a hazardous waste because it 

exhibits certain characteristics. In some 

cases, the regulations identify specific 

test methods, the results of which can 

be used directly to determine whether 

the waste exhibits that characteristic 

(although testing is not required, and 

knowledge may be used). These include 

for example, the pH test for the 

corrosivity characteristic, the flashpoint 

test for liquids for the ignitability 

characteristic, and the toxicity 

characteristic leaching procedure 

(TCLP) for the toxicity characteristic. 

Other hazardous characteristics are 

defined narratively, such as the 

definitions for ignitable solids or 

oxidizers in the ignitability 

characteristic, and the reactivity 

characteristic. When there is no 

regulatory test, then knowledge of the 

waste’s origin, production processes, 

feedstocks, chemical composition, and 

other relevant information is acceptable 

and necessary for determining whether 

wastes exhibit one of these 

characteristics. Testing that may 

illustrate and support identification of 

the properties of the waste (even though 

it is not part of the regulation) can be 

part of the generators’ knowledge of the 

waste. 

The proposed language associated 

with testing at § 262.11(d)(1) specifies 

that generators testing their waste must 

obtain a representative sample for 

testing, as defined at § 260.10 and as 

required by all of the hazardous 

characteristic regulations. For those 

characteristics that include a specific 

test as part of the regulation, the results 

of that test, when properly performed 

and compared with regulatory 

thresholds, are definitive for 

determining whether the waste is 

hazardous. The tests specified by the 

regulations are available in EPA’s ‘‘Test 

Methods for Evaluation Solid Waste, 

Physical/Chemical Methods,’’ EPA 

Publication SW–846. This document 

which contains all of OSWER’s 

analytical methods, is available on 

EPA’s Web site at: http://www.epa.gov/ 

epawaste/hazard/testmethods/

index.htm. 

When evaluating a waste for one of 

the hazardous characteristics for which 

there is a regulatory test, generators are 

not required to use the test provided the 

generators’ knowledge about the waste 

is adequate to make a reliable 

determination about the RCRA status of 

the waste, as discussed in the next 

section. However, if a disagreement 

arises between a generator and an 

inspector about whether a particular 

waste is hazardous, we would 

recommend that the generator use the 

regulatory test, since the results of the 

test, when properly performed, should 

resolve such a disagreement. 

For those characteristics that do not 

include a specific test, but provide a 

narrative definition, the generator can 

use appropriate tests, such as those 

identified in SW–846 that identify 

hazardous properties as part of their 

knowledge about the waste to help 

determine whether the waste exhibits 

the hazardous waste characteristic. In 

addition, test methods used by DOT, the 

National Fire Protection Association, or 

other third-party testing organizations 

may be useful or relevant for evaluating 

a particular waste. However, the 

generator would need to show the 

relevance of the test to the waste 

evaluation. 

The Agency has discussed the use or 

requirement of testing in various 

Federal Register notices, guidance 

documents, and letters. In promulgating 

the toxicity characteristic regulations in 

1990, EPA considered whether to 

require TCLP testing. However, the 

Agency determined that the flexibility 

of the current approach resulted in a 

more effective and practical program 

overall and that liability for incorrect 

determinations would provide a strong 

incentive for generators to not 

misclassify their wastes as nonhazardous (55 FR 11829–30, March 29, 

1990). In a 1992 letter, the Agency reemphasized that generators are not 

required to test their waste to determine 

whether it is hazardous. As part of that 

letter, the Agency made clear that to 

ensure proper handling and treatment, 

the generator must identify all the 

hazardous characteristics a waste may 

exhibit as identified in part 261 subpart 

C.55 In another letter, the Agency 

discussed the importance of testing a 

representative sample of the waste, as 

required by the hazardous 

characteristics regulations.56 The 

introductory chapters (1–13) of SW–846 

provide guidance on a number of 

important analytical issues, including 

development of sampling plans and 

sampling methods, as well as quality 

control and an overview of the different 

types of methods in the guidance. 

b. Use of knowledge to identify waste 

exhibiting a hazardous characteristic. 

As we discussed previously with 

respect to the identification of listed 

hazardous wastes, EPA is also proposing 

to modify § 262.11 to include the 

acceptable types of information that a 

generator can consider when applying 

generator knowledge for making 

hazardous waste determinations for 

potentially characteristic hazardous 

waste. Much of this information has 

been discussed in Federal Register 

notices and other guidance documents 

over the past 30 years. 

Specifically, several FR notices 

discuss what constitutes ‘‘process 

knowledge’’ for making a hazardous 

waste determination and include the 

following potential sources: (1) Waste 

analysis data or studies on wastes 

generated from processes similar to that 

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57 62 FR 62081–2, November 20, 1997; 58 FR 

48111–12, September 14, 1993. 

58 62 FR 62081–2, November 20, 1997. 

59Letter from Matt Hale, Director of EPA’s Office 

of Solid Waste, to Michael Beckel, 3E Company, 

June 6, 2008, RCRA Online 14790, and 68 FR 

59940, October 20, 2003. 

60 68 FR 59939–40, October 20, 2003. 

61Test methods developed by the UN Committee 

on Transport of Dangerous Goods, the National Fire 

Protection Association, or others may be useful and 

relevant for evaluating a particular waste. However, 

the generator must show the relevance of the test 

to waste evaluation. 

62See Connecticut Department of Environmental 

Protection Web site, Hazardous Waste 

Determinations/Knowledge of Process at http://

www.ct.gov/deep/cwp/

view.asp?a=2718&q=325422&deepNav_GID=1967. 

63 ‘‘10 Most Common Hazardous Waste (RCRA) 

Violations in Georgia: 40 CFR 262.11 ‘‘Hazardous 

Waste Determination,’’ Georgia Department of 

Natural Resources https://epd.georgia.gov/sites/

epd.georgia.gov/files/related_files/site_page/

guidehwdet.pdf. 

64 ‘‘10 Most Common Hazardous Waste (RCRA) 

Violations in Georgia: 40 CFR 262.11 ‘‘Hazardous 

Waste Determination,’’ Georgia Department of 

Natural Resources https://epd.georgia.gov/sites/

epd.georgia.gov/files/related_files/site_page/

guidehwdet.pdf. 

which generated the original waste; 57

(2) waste analysis data obtained by 

TSDFs from the specific generators that 

generated the waste and sent it off site, 

and (3) waste analysis data obtained by 

generators or TSDFs from other 

generators, TSDFs, or areas within a 

facility that test chemically identical 

wastes.58 In addition, information about 

chemical and physical properties of 

manufacturing feedstocks or product 

contained in Material Safety Data Sheets 

(MSDS), or Safety Data Sheets (SDS) 

under OSHA’s regulations 

implementing the UN Global 

Harmonized System of Classification 

and Labelling of Chemicals (GHS), or 

other reliable data sources may be used 

to assist the generator in determining 

whether any of the product’s 

constituents or properties would make it 

a characteristic waste, when 

discarded.59 Also, an FR notice from 

2003 identifies still other information 

that the Agency has considered 

appropriate and useful in using 

knowledge to classify waste, including 

special handling of waste by the 

generator to temporarily prevent it from 

exhibiting a hazardous characteristic 

(e.g., keeping it either wet or dry to 

prevent reaction to air or water, 

respectively); testing using nonregulatory tests that may illustrate some 

of the waste’s properties; classification 

under certain Department of 

Transportation hazardous material 

designations that may be similar to or 

overlap with RCRA hazardous 

characteristics, as well as identification 

of environmental damage attributable to 

mismanagement or disposal of the 

waste.60 61 All of the above examples are 

considered as acceptable types of 

knowledge that can be used by a 

generator. 

Some states have also provided 

guidance to their generators on some of 

the challenges of only using process 

knowledge. For example, the 

Connecticut Department of Energy and 

Environmental Protection notes that 

although knowledge of process 

information can be very useful 

(especially in identifying hazardous 

constituents that are known to be 

present), it may not always be adequate 

to fully and properly characterize a 

waste. In particular, knowledge of the 

process may not account for factors such 

as trace contaminants that may not be 

listed on an MSDS (only chemicals 

present at concentrations greater than 

1% are typically identified), 

contaminants introduced during use, 

and cross-contamination from other 

wastes. As a result, some sampling may 

be required by the state to properly 

characterize a waste.62

Similarly, the Georgia DNR has 

highlighted some of the challenges of 

only using process knowledge. In 

particular, a GADNR publication states, 

‘‘Using [process] knowledge alone to 

make a hazardous waste determination 

may not always be adequate due to the 

variability of the waste, or the lack of 

knowledge of chemical processes in 

generating the waste. In those cases 

where the waste generated is variable, 

generators may choose to make a 

determination that the waste is 

hazardous waste rather than testing the 

waste each time it is generated. In 

addition, in the case of a hazardous 

waste that is always hazardous, but is 

characteristic for certain constituents at 

times, but not at others, the generator 

may choose to be inclusive of all 

potential waste codes, rather than test 

the waste each time it is generated. If the 

generator with a variable waste chooses 

not to treat the waste as described above 

in this paragraph, the waste must be 

tested as generated.’’ 63

The Georgia DNR has also issued 

useful guidance for its generators 

regarding the testing and recordkeeping 

for waste, stating that, ‘‘If test methods 

are used to determine if the waste 

exhibits a characteristic, a description of 

how the waste was sampled to obtain a 

representative sample and copies of the 

analytical results for that sample should 

be included as documentation of the 

hazardous waste determination. The 

generator may apply knowledge of the 

waste and the generation process to 

determine which constituents/

parameters to include in analyses, as 

well as where and when sampling is 

most appropriate. However, if the full 

suite of analyses is not applied, the 

generator must have sufficient 

documentation to demonstrate why only 

certain analyses were applied, and not 

all. Adequate documentation includes a 

list of constituents/chemicals that make 

up the waste, their physical and 

chemical properties, the effects of the 

process on the product/materials in the 

waste, and whether the product/

material picks up additional hazardous 

constituents (contaminants) in the 

process; all of which provide knowledge 

as to what constituents should be 

included in the analyses.’’ 64 Other 

states have also issued guidance 

illustrating the need for generators to 

understand the wastes they generate and 

to consider all factors affecting waste 

composition and properties in making 

hazardous waste determinations. 

c. Proposal on using process 

knowledge. In consideration of the 

above discussion and to better assist 

generators in making hazardous waste 

determinations, EPA is proposing to 

revise the regulations associated with 

using knowledge to identify waste 

exhibiting a hazardous characteristic 

currently found at § 262.11(c)(2). Under 

this proposed rule, § 262.11(c)(2) would 

move to § 262.11(d)(2) and would 

identify various types of information 

that EPA has identified in the past as 

potentially relevant and acceptable for 

making a RCRA waste determination, 

including information about chemical 

feedstocks and other inputs to the 

production process; knowledge of 

products, by-products, and 

intermediates produced by the 

manufacturing process; chemical or 

physical characterization of wastes; 

information on the chemical and 

physical properties of the chemicals 

used or produced by the processor or 

otherwise contained in the waste; 

testing that illustrates the properties of 

the waste; or other reliable and relevant 

information about the properties of the 

waste or its constituents. 

A test other than a test method set 

forth in subpart C of 40 CFR part 261, 

or an equivalent method approved by 

the Administrator under 40 CFR 260.21, 

is also acceptable and may be used as 

part of a person’s knowledge to 

determine whether a solid waste 

exhibits a characteristic of hazardous 

waste. However, such tests do not, by 

themselves, provide definitive results 

and the generator may need to identify 

why the test is relevant. 

The Agency requests comments on 

the proposed changes associated with 

revising § 262.11(c) and moving it to 

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65As will be discussed later in this section, the 

Agency does not intend for this provision to apply 

to those generators that generate a solid waste that 

clearly has no potential to be a hazardous waste. 

§ 262.11(d). In particular, EPA requests 

comment on whether the proposed 

language is sufficient to improve the 

existing regulatory text and better assist 

generators in making more effective 

hazardous waste determinations or 

whether other improvements should be 

made to the proposed regulatory text. 

Effect of the Proposed Reorganization: 

This section is not affected by the 

proposed reorganization, but the 

contents of current § 262.11(c) are being 

revised and bumped to § 262.11(d) to 

account for the new § 262.11(a). 

6. Documenting and Maintaining 

Records for Hazardous Waste 

Determinations 

The Agency is proposing to make one 

organizational change and several 

revisions to the recordkeeping 

provisions associated with making a 

hazardous waste determination, a 

provision found currently at § 262.40(c). 

Section 262.40(c) currently states that a 

generator must keep records of any test 

results, waste analyses, or other 

determinations made in accordance 

with § 262.11 for at least three years 

from the date that the waste was last 

sent to on-site or off-site treatment, 

storage, or disposal. This independent 

recordkeeping requirement is applicable 

to SQGs and LQGs only. CESQGs are 

not affected by this section. 

First, the Agency is proposing that 

this paragraph be moved to § 262.11(e) 

to integrate this provision with the 

hazardous waste determination 

regulations in that section. Additionally, 

EPA is proposing to revise the wording 

to better articulate the types of 

information acceptable to making an 

accurate hazardous waste determination 

that must be maintained and to 

emphasize the importance of this 

section. 

These records must include, but are 

not limited to, the following types of 

information that have been used by the 

generator in making the waste 

determination: The results of any tests, 

sampling, or waste analyses; records 

documenting the tests, sampling, and 

analytical methods used and 

demonstrating the validity (or quality 

assurance/quality control) and relevance 

of such tests; records consulted in order 

to determine the process by which the 

waste was generated, information on the 

composition of the waste and the 

properties of the waste; and records 

which explain the basis for the 

generator’s determination as described 

at § 262.11(d)(2). 

Second, the Agency is also restating 

that these records must be maintained 

for at least three years from the date that 

the waste was last generated by the 

facility and also stating that should the 

generator be involved in any unresolved 

enforcement action regarding a waste 

determination, then the periods of 

record retention are extended 

automatically or if requested by the 

Administrator. An ‘‘unresolved 

enforcement action’’ means any formal 

administrative, civil or criminal 

enforcement action which has been filed 

or issued against a generator by EPA or 

authorized state pursuant to RCRA 

subchapter III or VII and for which all 

rights of appeal have not been 

exhausted. 

Additionally, EPA is proposing to 

revise the wording of the section to 

better articulate the types of waste 

determination information that must be 

maintained and to emphasize the 

importance of this section. In an effort 

to improve compliance with the 

hazardous waste determination 

regulations, and therefore improve 

environmental protection, EPA is 

proposing to revise the recordkeeping 

regulations to require small and large 

quantity generators making a waste 

determination to document and 

maintain records of all their hazardous 

waste determinations, including 

determinations where a solid waste is 

found not to be a hazardous waste.65 In 

many respects, this proposed change 

also relates to the above proposed 

change in the regulations to clarify that 

generators must use due diligence in 

making a hazardous waste 

determination by applying process 

knowledge and/or testing results to the 

solid waste they generated. The Agency 

believes it is very important that 

generators make accurate hazardous 

waste determinations to avoid potential 

adverse impacts to human health and 

the environment from the possible 

mismanagement of hazardous waste. 

Therefore, we believe the benefits to 

human health and the environment far 

outweigh the minimal costs of requiring 

SQGs and LQGs to document hazardous 

waste determinations, including 

determinations where the solid waste 

was found not to be a hazardous waste. 

CESQGs would not be affected by this 

change. However, maintaining a copy of 

their hazardous waste determinations 

may be beneficial to a CESQG to support 

any questions posed during an 

inspection by EPA or state inspector, as 

well as to support their waste generator 

category. In analyzing Kansas and Iowa 

inspection data of CESQG facilities, 

instances were found where the 

generator failed to make an accurate 

hazardous waste determination 

resulting in the generator moving into a 

higher generator category and becoming 

subject to the regulations of either an 

SQG or LQG. 

The hazardous waste determination 

process is the gateway to the hazardous 

waste generator regulatory program and, 

to a great extent, its ultimate success. If 

a generator can accurately identify the 

types of hazardous wastes it generates, 

it can then identify the applicable 

regulations it must comply with to 

ensure safe management of that waste. 

Conversely, if a generator fails to make 

an accurate hazardous waste 

determination, that failure can 

potentially lead to the mismanagement 

of hazardous waste and environmental 

damages. In addition, the generator 

could then be cited in an enforcement 

action not only for that violation, but 

also for failing to comply with other 

generator regulations, including 

operating without a RCRA permit (see 

§ 262.34(a) and (d)). 

The Agency made this point clear 

when it initially promulgated the 

hazardous waste generator rules in 

February 1980, where it stated, ‘‘The 

determination is the crucial, first step in 

the regulatory system, and the generator 

must undertake this responsibility 

seriously’’ (45 FR 12727, February 26, 

1980). Unfortunately, as previously 

discussed, there is a high rate of 

noncompliance with the hazardous 

waste determination regulations. 

Under the current regulations at 

§ 262.40(c), a generator is required to 

document and maintain records of any 

test results, waste analyses, or other 

determinations made in accordance 

with § 262.11 for at least three years 

from the date that the waste was last 

sent to on-site or off-site treatment, 

storage, or disposal. When an inspector 

sees a container or other waste 

management unit, that inspector has the 

authority to ask the generator how it 

determined the regulatory status of the 

waste, and the generator should be able 

to articulate how that determination was 

made. In many instances, the inspector 

will also ask to see any documentation 

supporting a questionable determination 

that a material is not a hazardous waste 

in order to understand how the 

generator applied process knowledge or 

the results of testing the waste to 

support its non-hazardous waste 

determination. 

The Agency strongly believes that 

documentation must be maintained for 

waste determinations, not only when a 

solid waste is a hazardous waste but 

also when a solid waste is determined 

by the generator to not be a hazardous 

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Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules 57943 

66 ‘‘10 Most Common Hazardous Waste (RCRA) 

Violations in Georgia: 40 CFR 262.11 ‘‘Hazardous 

Waste Determination,’’ Georgia Department of 

Natural Resources https://epd.georgia.gov/sites/

epd.georgia.gov/files/related_files/site_page/

guidehwdet.pdf. 

67As an example, some states interpret the term 

‘‘other determinations’’ at 40 CFR 262.40(c) to mean 

determinations that a solid waste is not a hazardous 

waste. 

68Assessment of the Potential Costs, Benefits, and 

Other Impacts of the Improvements to the 

Hazardous Waste Generator Regulatory Program, As 

Proposed, prepared for U.S. Environmental 

Protection Agency by Industrial Economics, 

Incorporated, May 2015, page 3–8. 

waste. The primary obligation for 

generators is to accurately determine 

whether or not a solid waste is a 

hazardous waste. Requiring 

documentation of this determination, 

regardless of the outcome, is critical in 

ensuring compliance with the current 

hazardous waste determination 

regulations. 

The requirement that a generator 

maintain records of determinations that 

a solid waste is not a hazardous waste 

was originally discussed in the 

preamble to the 1978 proposed rule for 

the hazardous waste regulatory program. 

In fact, the Agency proposed the 

following at 40 CFR 250.10(d)(1)(iii): 

‘‘Generators who determine that their 

waste is not hazardous shall retain 

copies of the evaluation performed and 

shall repeat the necessary evaluation or 

testing when there is a significant 

change in their feed material or 

operations which may alter the test 

results.’’ (43 FR 58955, December 18, 

1978). In the February 26, 1980, final 

rule for hazardous waste generators, 

however, the Agency did not make this 

requirement final. Rather, the Agency 

simply promulgated the provision 

stating that a generator must keep 

records of any test results, waste 

analyses, or other determinations made 

in accordance with § 262.11 for at least 

three years from the date the waste was 

last sent to on-site or off-site treatment, 

storage or disposal (45 FR 12734), which 

could be interpreted to mean either that 

a generator was required to keep records 

or that a generator was not required to 

keep records of solid wastes that were 

not hazardous wastes. (This provision is 

currently located at § 262.40.) 

The Agency next discussed this issue 

in a March 29, 1990, Federal Register 

notice which clarified the rules by 

stating that recordkeeping for 

determinations that a solid waste was 

not a hazardous waste was not 

necessary. Specifically, the preamble to 

this final rule stated, ‘‘If a waste is 

determined to be hazardous, the 

generator must keep records 

establishing the basis for that 

determination (40 CFR 262.40(c)). These 

records must be maintained for at least 

3 years after the generator no longer 

handles the waste in question. Neither 

of these recordkeeping requirements, 

however, applies to solid waste 

generators who do not generate 

hazardous wastes’’ (55 FR 11829, March 

29, 1990). 

At the time the 1980 rules were 

finalized, the Agency had no experience 

with their implementation and whether 

documentation associated with 

determinations that a waste was not a 

hazardous waste was necessary. The 

Agency now believes that the original 

approach was insufficient. We now have 

30 years of experience and compliance 

data to support an independent 

requirement that, as part of their 

obligation to determine whether a waste 

is hazardous under § 262.11, generators 

need to keep records and 

documentation of their waste 

determinations, including 

determinations that a solid waste is not 

a hazardous waste. 

As an example, Georgia DNR requires 

that, in using generator knowledge, the 

determination must be valid, correct, 

and supported by documentation, 

especially when that determination is 

that the waste is not a hazardous waste 

or does not carry certain waste codes 

(contain certain contaminants).66 Even 

in cases where state regulations do not 

explicitly require documentation 

supporting a determination that a solid 

waste is not a hazardous waste, they 

will seek documentation supporting that 

determination when evidence suggests 

the material is a hazardous waste. 

Should documentation not be 

presented, EPA and the states will often 

take a sample to answer their own 

questions about waste status. 

The Agency does not believe 

requiring generators to retain documents 

used to make their non-hazardous waste 

determinations will pose an undue 

burden. In a review of 26 state waste 

determination regulations as well as 

discussions with several state agencies, 

the Agency found that 17 states already 

require documentation and 

recordkeeping of a solid waste that is 

not a hazardous waste.67 In EPA’s 

discussions with states, several states 

mentioned that they interpret the term 

‘‘other determinations’’ at § 262.40(c) to 

mean determinations that a solid waste 

is not a hazardous waste. Further, 

generators should already have this 

information collected as part of their 

compliance with other parts of § 262.11. 

An examination of biennial report 

data for a small sample of LQGs for both 

2009 and 2011 reporting cycles 

demonstrated that the majority of 

generators generate the same hazardous 

waste streams from year to year. In other 

words, the Agency believes that, for the 

most part, SQGs and LQGs will make a 

hazardous waste determination once 

and will not need to make a new solid 

waste determination unless something 

changes in their process, thereby 

reducing the need to document waste 

determinations. This suggests that the 

burden of documenting a non-hazardous 

waste determination should be 

relatively minimal.68

In light of the importance of making 

accurate hazardous waste 

determinations, and because of the high 

rates of non-compliance with § 262.11 

among generators, the Agency is 

proposing to modify § 262.11 to 

specifically require that SQGs and LQGs 

document and maintain records of all 

determinations, including 

determinations that their solid waste is 

not a hazardous waste. Again, the 

Agency is not proposing to apply this 

independent requirement to CESQGs. 

A key issue with this provision will 

be defining the scope of applicable 

entities for this requirement. First, 

documentation will not be required for 

entities that do not generate a solid 

waste, as defined by § 261.2, or that 

generate a solid waste that has been 

excluded or exempted from RCRA 

Subtitle C controls. However, all 

potential entities, with the exception of 

households, must determine whether 

they generate a solid waste as defined 

by § 261.2 for purposes of the existing 

RCRA hazardous waste regulations. 

Solid wastes under § 261.2 include 

spent materials, sludges, by-products, 

scrap metal, and commercial chemical 

products (CCPs) that are discarded. 

Specifically: 

• Spent materials as defined in 

§ 261.1(c)(1), include any material that 

has been used and as a result of 

contamination can no longer serve the 

purpose for which it was produced 

without processing. 

• Sludge, as defined in § 260.10, 

means any solid, semi-solid, or liquid 

waste generated from a municipal, 

commercial, or industrial wastewater 

treatment plant, water supply treatment 

plant, or air pollution control facility. 

• A by-product, as defined in 

§ 261.1(c)(3), is a material that is not one 

of the primary products of a production 

process and is not solely or separately 

produced by the production process. 

Examples are process residues such as 

slags or distillation column bottoms. 

The term does not include a co-product 

that is produced for the general public’s 

use and is ordinarily used in the form 

it is produced by the process. 

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57944 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules 

69Assessment of the Potential Costs, Benefits, and 

Other Impacts of the Improvements to the 

Hazardous Waste Generator Regulatory Program, As 

Proposed, prepared for U.S. Environmental 

Protection Agency by Industrial Economics, 

Incorporated, May 2015, page 3–8. 

70A more detailed discussion of this analysis can 

be found in the Regulatory Impact Analysis that 

accompanies this preamble and that can be found 

in the docket to this rulemaking. 

• Scrap metal, as defined in 

§ 261.1(c)(6), is bits and pieces of metal 

parts (e.g., bars, turnings, rods, sheets, 

wire) or metal pieces that may be 

combined together with bolts or 

soldering, which when worn or 

superfluous can be recycled. 

• CCPs are those materials listed in 

§ 261.33 or those CCPs which exhibit 

one or more of the hazardous waste 

characteristics. The tern CCP includes 

those chemical substances which are 

manufactured or formulated for 

commercial or manufacturing use and 

consist of commercially pure grades of 

the chemical substance, any technical 

grades of the chemical substance that 

are produced or marketed, and all 

formulations in which the chemical 

substance is the sole active ingredient. 

CCPs do not include or refer to wastes, 

such as a manufacturing process 

residue, that contain any of the 

chemical substances. 

Where there is a potential for a 

discarded material to be a hazardous 

waste listed under part 261 subpart D or 

when the material may contain 

hazardous constituents that would 

exhibit a characteristic of hazardous 

waste (i.e., ignitability, reactivity, 

corrosivity or toxicity) under part 261 

subpart C, these entities must make a 

hazardous waste determination and 

document that determination, including 

for those solid wastes that are not 

hazardous wastes. 

If an entity is generating a hazardous 

waste (and is, therefore, a hazardous 

waste generator) and if it is generating 

sufficient amounts of hazardous waste 

in a calendar month to be considered an 

SQG or an LQG, then these generators 

would be responsible for documenting 

determinations under this proposed 

revision. 

We would note that the existing 

hazardous waste regulations already 

require every generator to make a waste 

determination and that the only 

additional provision that this proposal 

is addressing is that they document that 

waste determination, including for those 

wastes that are not hazardous waste. 

The focus of this provision is on solid 

wastes that have the potential to be 

hazardous wastes. Thus, for the 

purposes of this proposed provision, the 

Agency is not interested in entities that 

generate solid wastes that clearly have 

no potential to be hazardous, such as 

food waste, restroom waste, or paper 

products. There are literally hundreds of 

thousands of entities who generate such 

wastes. In addition, lawyers and 

accountants, business offices, religious 

organizations, governmental 

organizations, engineering and 

architectural firms, among other sectors, 

are not meant to be impacted by this 

provision for everyday municipal waste 

that does not have the potential to be 

hazardous. Most elementary schools 

also should not be affected by this 

provision unless they have laboratories 

that use large amounts of hazardous 

chemicals where greater than 100 

kilograms of non-acute hazardous waste 

(or 1 kilogram of acute hazardous waste) 

is discarded monthly or another source 

of potentially hazardous waste. 

In addition, as noted previously, for 

the purposes of this proposed provision, 

the Agency is not interested in entities 

that generate 100 kilograms or less of 

non-acute hazardous waste or 1 

kilogram or less of acute hazardous 

waste in a calendar month (e.g., 

CESQGs). The Agency requests 

comment on verifying the above sectors 

and identifying other industrial or nonindustrial sectors where the probability 

is high that generators either do not 

generate solid wastes that would be 

identified or characterized as hazardous 

under RCRA, or if they do, they generate 

small enough amounts to most likely 

qualify as a CESQG. 

The Agency does not believe the cost 

of documenting a waste determination, 

whether non-hazardous waste or 

hazardous waste, will be substantial. As 

previously discussed, generators may 

use either the results of testing their 

waste or process knowledge to make a 

hazardous waste determination. If a 

generator tests its waste or hires a third 

party to do so, then the written results 

of those tests will be the documentation. 

Similarly, if generator knowledge is 

used to make the waste determination, 

then a statement describing what the 

basis of that knowledge was (e.g., 

information about chemical feedstocks 

and other inputs to the production 

process and how those chemical 

feedstocks may change when introduced 

into the production process; knowledge 

of products, by-products, and 

intermediates produced by the 

manufacturing process; chemical or 

physical characterization of wastes; 

information on the chemical and 

physical properties of the chemicals 

used or produced by the processor or 

otherwise contained in the waste; 

testing that illustrates the properties of 

the waste; or other reliable and relevant 

information about the properties of the 

waste or its constituents) will most 

likely be sufficient. 

In estimating the impact of requiring 

SQGs and LQGs to document their nonhazardous waste determinations, the 

Agency examined the relationship of the 

number of hazardous wastes generated 

per facility to non-hazardous waste 

generated per facility and established an 

approximate relationship of 60% to 

40%. As part of this analysis, the 

Agency also found from examining the 

biennial report data that 50 percent of 

LQGs generate from one to five 

hazardous waste streams annually and 

that many of these generators continue 

to generate the same waste streams from 

year to year.69 Therefore, for most LQGs, 

the incremental cost to document their 

non-hazardous waste determinations 

should be minimal. The Agency 

believes that many SQGs also generate 

the same waste streams from year to 

year. 

However, from examining biennial 

report data, the Agency is also aware of 

situations where a generator generates 

many different hazardous waste streams 

each year. Examples include academic 

and industrial laboratories, chemical 

manufacturers, and TSDFs. As an 

example, an analysis of the 2011 

Biennial Report identified 843 LQGs 

reporting that they generated 41 or more 

hazardous waste streams. This analysis 

derived an average of 17 hazardous 

waste streams being generated by LQGs. 

EPA can infer that these entities also 

generate numerous types of solid, but 

not hazardous, waste streams.70

Although TSDFs and chemical 

manufacturers may generate many 

different types of hazardous waste, 

many of them also have sophisticated 

protocols and testing procedures in 

place to make a hazardous waste 

determination. These processes should 

be sufficient to provide the proposed 

documentation to verify that the solid 

waste is or is not a hazardous waste. 

Other organizations may not and the 

Agency is interested in how best to 

address this important subject. 

The Agency believes that requiring 

SQGs and LQGs to document their nonhazardous waste determinations is 

important to the success of RCRA 

hazardous waste program in protecting 

human health and the environment. 

Additionally, the Agency believes the 

proposed change will encourage 

generators to develop better internal 

processes and improve overall 

compliance with the RCRA hazardous 

waste regulations. At issue is how best 

to implement this provision in the most 

cost-effective manner possible. 

Therefore, the Agency seeks comment 

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Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules 57945 

on how to balance the burden of 

recordkeeping with the benefits from 

ensuring waste is properly identified 

and managed. 

The Agency seeks comment from 

those generators that generate many new 

wastes each year, on ways that could be 

used to reduce burden while 

maintaining sufficient protection. The 

Agency also seeks comment on whether 

there are particular industrial sectors 

where many, if not most, solid wastes 

generated could be clearly determined 

not to be hazardous wastes and whether 

there are families of solid wastes where 

it is clear that they will not be 

hazardous wastes and thus can be 

eliminated from this provision. 

Effect of the Proposed Reorganization: 

This section is affected by the proposed 

reorganization and is located at 

§ 262.11(e) of the proposed regulation. 

The proposed reorganization is 

discussed in section XIII of this 

preamble. 

7. Specifically Stating That the 

Hazardous Waste Determination Must 

Be Accurate 

Generators have an obligation to 

apply due diligence in making an 

accurate hazardous waste determination 

by using either knowledge of their 

processes and waste and/or testing of 

their waste. As discussed above, RCRA 

inspectors often cite generators for 

‘‘failing to make a waste determination’’ 

at § 262.11. By that we mean the 

generator failed to accurately identify a 

material that could be a solid waste, or 

failed to accurately make a hazardous 

waste determination. In both cases, the 

generator’s failure to make accurate 

solid and hazardous waste 

determinations may result in adverse 

impacts to human health and the 

environment. 

As previously stated, at the core of the 

RCRA hazardous waste program is the 

need for generators to make an accurate 

hazardous waste determination. 

Therefore, to emphasize this point the 

Agency is modifying the regulatory text 

at 40 CFR 262.11 to emphasize and 

make clear that a generator who 

generates a solid waste, as defined in 40 

CFR 261.2, must accurately determine if 

that waste is a hazardous waste. 

A 1993 FR notice states that in the 

case where a generator sends waste off 

site for treatment, storage, or disposal, 

the TSDF may rely on process 

knowledge supplied by the generator as 

a basis for the TSDF’s waste 

characterization (40 CFR 264.13). The 

notice points out that while using 

process knowledge is ‘‘seemingly 

attractive because of the potential 

savings associated with using existing 

information (such as published data), 

the facility must ensure that this 

information accurately characterizes 

applicable wastes’’ (58 FR 48111, 

September 14, 1993). 

Generators often rely on a third party, 

such as a TSDF, to help them make a 

hazardous waste determination. 

Whether the generator uses a third party 

or not, the generator is responsible for 

that determination. As such, the 

generator should still apply its due 

diligence to ensure a solid waste is not 

a hazardous waste, and if a hazardous 

waste, that it is characterized accurately. 

Also with respect to characterizing a 

hazardous waste accurately, a generator 

identifying all possible RCRA waste 

numbers (or RCRA hazardous waste 

codes) on its manifest or container 

marking does not satisfy the 

requirement to make an accurate waste 

determination. First, the TSDF will not 

be able to treat the waste effectively or 

efficiently to comply with land disposal 

restriction requirements because it will 

not know precisely what waste it needs 

to treat. Second, the generator clearly 

did not apply its due diligence 

seriously. 

The Agency also realizes that 

generators, whether inadvertently or 

intentionally, often make a hazardous 

waste determination when the material 

is actually a non-hazardous solid waste. 

The intent of this proposed change 

would not impact such determinations. 

The generator is always free to manage 

its solid waste as a hazardous waste if 

it so desires. However, the Agency is 

concerned about other related 

situations, such as when a generator 

applied due diligence but still made an 

incorrect hazardous waste 

determination potentially posing a risk 

to the environment, or where a 

generator intentionally tried to 

circumvent waste determination 

requirements. 

EPA specifically requests comment on 

reasons why it may not be feasible to 

require a generator’s solid and 

hazardous waste determinations to be 

accurate and how best the Agency can 

make clear that generators are 

responsible for making an accurate 

hazardous waste determination. EPA 

also requests comment regarding ways 

the proposed regulatory text could be 

improved to better assist generators in 

making more effective hazardous waste 

determinations. 

Effect of the Proposed Reorganization: 

This section is not affected by the 

proposed reorganization. 

8. Taking Comment on Maintaining 

Records Until the Generator Closes 

EPA is also using this notice to take 

comment on an additional revision to 

the hazardous waste determination 

regulations at § 262.11, but is not 

proposing any regulatory text for this 

change. The Agency requests comment 

on requiring SQGs and LQGs to 

maintain records of their waste 

determinations until the generator 

closes its site, rather than for at least 

three years from the date that the waste 

was last sent to on-site or off-site 

treatment, storage and disposal. Because 

an inspector may not be able to inspect 

every SQG and LQG within three years 

from when the solid or hazardous waste 

was first generated, a generator may 

discard its waste determination records 

prematurely. For practical reasons, the 

Agency believes a generator will want to 

maintain records of its solid and 

hazardous waste determinations to 

support and respond to any questions 

an inspector may have about a 

particular waste determination—even if 

it is more than three years from when 

it was first generated. Similarly, the 

Agency believes generators that generate 

large numbers of solid and hazardous 

waste streams annually will 

computerize their records, making it 

easy to store and retrieve them when 

necessary. For these reasons, the Agency 

does not believe requiring SQGs and 

LQGs to maintain records of their active 

solid and hazardous waste streams 

should be overly burdensome. 

Finally, while the Agency is not 

proposing that CESQGs maintain 

documentation of their non-hazardous 

waste determinations, the Agency does 

seek comment on the economic costs 

and environmental benefits of 

potentially requiring CESQGs to 

maintain documentation of their 

hazardous waste determinations, 

including their non-hazardous waste 

determinations. The Agency realizes 

that the total number of CESQGs is very 

large—ranging from an estimated 

293,000 to 463,000; however, the 

Agency believes that based on the 

number of waste streams generated by 

SQGs and LQGs that such generators 

should only be generating a few solid 

waste streams and in many cases using 

their knowledge of the process and 

process materials in making hazardous 

waste determinations. In other words, 

the burden of documenting their 

hazardous waste determination should 

not be that costly for each CESQG. 

Conversely, the costs of not making an 

accurate hazardous waste determination 

could be significant environmentally 

and financially to the CESQG. For 

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57946 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules 

71See, for example, the Washington Department 

of Ecology created an Excel program titled 

‘‘Designation Tool 2.0 for Excel 2007,’’ to help 

business make accurate waste designations in the 

state of Washington. http://www.ecy.wa.gov/

programs/hwtr/manage_waste/des_intro.html; the 

Texas Commission on Environmental Quality 

created an online hazardous waste determination 

tool, the ‘‘Waste Designation Decision Matrix.’’ 

http://www.tceq.texas.gov/assistance/waste-matrix/

matrixenter.html, and The Connecticut Department 

of Energy and Environmental Protection’s RCRA 

Help page provides a guide designed to help 

businesses and individuals figure out which 

hazardous waste requirements apply and how to 

comply with them. http://www.ct.gov/deep/cwp/

view.asp?a=2718&q=434308&deepNav_

GID=1967%20. 

example, in the case that a CESQG fails 

to make an accurate hazardous waste 

determination, resulting in the CESQG 

actually being either a SQG or LQG, 

hazardous wastes will likely be illegally 

managed. Hazardous wastes that should 

have been sent to a RCRA-permitted 

treatment, storage or disposal facility 

would instead be sent to a municipal 

solid waste landfill, potentially posing 

future environmental problems for that 

landfill and community. EPA requests 

comment on the potential 

environmental benefits that could be 

achieved if the Agency were to require 

that CESQGs document determinations 

that their solid waste is or is not a 

hazardous waste. 

9. Hazardous Waste Determination 

Electronic Decision Tool 

Building upon the above discussion 

and the importance of making accurate 

hazardous waste determinations, the 

Agency also seeks comment on the 

feasibility of developing a user-friendly 

electronic hazardous waste 

determination decision tool that 

generators could use to assist them in 

making a hazardous waste 

determination. This electronic tool 

would guide generators through a series 

of analytical decision-type (Yes or No) 

questions to assist them in determining 

whether the solid waste they have 

generated is also a hazardous waste 

subject to the applicable RCRA 

hazardous waste regulations. As part of 

this decision tool, generators would be 

able to document reasons why the solid 

waste is a hazardous waste, or 

conversely, why the solid waste is not 

a hazardous waste. 

Given the large number and great 

variety of hazardous waste streams, a 

key challenge would be to determine 

how best to design this decision tool if 

the Agency went forward in developing 

it. Potential approaches include 

designing the tool conceptually around 

the following: (1) Industrial sectors; (2) 

families of industrial materials (i.e., 

solvents, acids, metals, etc.); (3) broad 

type of hazardous secondary material 

(i.e., spent material, by-product, sludge, 

etc.); (4) listed hazardous waste 

organized by specific industrial sector 

or non-specific sectors (e.g., solvents, 

electroplating wastes, and characteristic 

hazardous waste), or (5) an eclectic 

approach that combined different 

aspects of the approaches in (1) through 

(4). 

This decision tool could assist 

generators to make the following 

determinations under § 262.11: 

• Whether the waste is excluded from 

regulation under § 261.4 [§ 262.11(a)] 

• Whether the waste meets any of the 

hazardous waste listing descriptions in 

part 261 subpart D [§ 262.11(b)] 

• Whether the waste exhibits one or 

more hazardous characteristics of 

hazardous waste, as identified in part 

261 subpart C [§ 262.11(c)] 

• What are all applicable EPA 

hazardous waste codes for wastes 

determined to be hazardous [§ 262.11(f)] 

An electronic decision tool could also 

possibly provide a way for SQGs and 

LQGs to maintain records supporting 

their waste determinations [§ 262.11(e)]. 

Developing this decision tool would 

be a major investment on the part of the 

Agency and could take several years to 

fully develop, test, and make 

operational, with different components 

produced for use over time. However, 

even when completed (assuming it was 

a worthwhile Agency investment to 

pursue), this decision tool would never 

be able to account for all the industrial 

sector/family of industrial materials/

type of hazardous secondary material 

possibilities that exist in industry. 

Therefore, scoping such a decision tool 

to capture as much of the most likely 

industrial sector/family of industrial 

materials/type of hazardous secondary 

material possibilities would be the 

Agency’s goal. 

Additionally, if such a decision tool 

were to be developed, the generator 

would still be ultimately responsible for 

making the hazardous waste 

determination, since no decision tool 

could ever account for its site-specific 

circumstances. 

Hazardous waste determination 

software or tools could be web-based, 

off-the-shelf, or both. The software or 

tools could be developed by EPA, by 

authorized states and tribes, by private 

parties, or by public and private sector 

collaboration. 

The Agency particularly requests 

comment on the feasibility of the private 

sector developing electronic application 

software (apps). An initial search for 

preexisting hazardous waste 

determination software identified no 

relevant, privately-developed, off-theshelf software products to assist 

generators in making accurate waste 

determinations. However, EPA did 

identify a variety of state and academic 

internet-based hazardous waste 

determination tools and workbooks.71

At issue is whether there is a market for 

such an app and what EPA could do to 

facilitate software development. The 

Agency estimates the universe of 

hazardous waste generators to be 

approximately 400,000 to 500,000, with 

a large majority being conditionallyexempt small quantity generators that 

generate up to 220 pounds in a calendar 

month. 

EPA is seeking comment on whether 

development of an electronic hazardous 

waste determination decision tool is 

feasible and by whom. The Agency 

requests comment on what 

circumstances would encourage the 

private sector to develop such a tool or 

app and on what generators would like 

to see in terms of components and 

organization that would facilitate a 

generator using it. 

C. SQG and LQG Re-notification (40 

CFR 262.12) 

1. Background 

Under existing 40 CFR 262.12, SQGs 

and LQGs are required to notify EPA 

using EPA form 8700–12 (Site ID form) 

in order to obtain an EPA identification 

number (EPA ID). Without such 

identification, a generator cannot treat, 

store, dispose of, or transport, its 

hazardous waste. Once a generator 

applies for and receives an EPA ID, 

information provided by the generator 

(e.g., name, address, contact, industrial 

sector, EPA hazardous waste numbers) 

is entered into the state system and/or 

EPA’s national data system (RCRAInfo) 

to support program management 

activities. 

Subsequent to obtaining an EPA ID, 

there is no federal regulation requiring 

LQGs or SQGs to re-notify EPA to 

update their site information or confirm 

the information remains accurate. 

However, LQGs do update their site 

information as part of the biennial 

report. 

EPA believes that about half the states 

require annual reporting by LQGs and 

some require periodic reporting by 

SQGs in order to determine user fees 

based on the amount of hazardous waste 

they generate. However, the data from 

these annual reports may not always be 

submitted to EPA’s national RCRA 

database. Additionally, although many 

LQGs currently submit a Site ID form as 

part of their biennial report, this 

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72Count of SQGs by Year of Last Notification 

Received, December 12, 2012. Developed from 

RCRAInfo data system using Form 8700–12 Site 

Identification Form information. 

73To the extent that other parts of the RCRA 

regulations require the submittal of EPA form 8700– 

12, for example, used oil generators or handlers, the 

proposed re-notification provision would not 

impact them, unless they were also an LQG or SQG 

of hazardous waste. 

independent requirement does not 

apply to SQGs or to entities that initially 

notified as an LQG, but were an SQG 

during the biennial reporting year and, 

thus, were not required to submit a 

biennial report. 

2. Problems With Outdated Information 

The lack of re-notification at the 

federal level greatly impairs EPA’s and 

the states’ ability to use the information 

for compliance monitoring and 

programmatic purposes. This is because 

a one-time notification provides no 

assurance that the information collected 

in EPA’s and the states’ databases over 

time will accurately reflect which 

facilities are generating hazardous 

waste. For example, a recent 

examination of EPA’s data reveals that 

there are thousands of SQGs who last 

notified over 20 years ago.72 EPA is 

concerned that the probability a 

generator that last notified prior to 1990 

is still active and still an SQG is quite 

small. Because of the outdated 

information, it is difficult for EPA to 

ascertain even simple statistics, such as 

the number of SQGs currently operating, 

let alone information that can be 

reliably used for programmatic and 

compliance monitoring purposes. 

Because of the lack of integrity in the 

data, the Agency and states must spend 

their limited resources to ‘clean up’ the 

data every time regulatory authorities 

try to use it, for example, to estimate 

regulatory burden and benefits to the 

regulated community, offer compliance 

assistance, or produce public reports on 

hazardous waste generation. 

Furthermore, regulatory authorities may 

waste time and resources monitoring 

compliance at entities that no longer 

generate hazardous waste. This 

inefficient use of resources lowers the 

effectiveness of regulators to monitor 

compliance overall and could 

potentially increase the risk of 

environmental damage from 

mismanagement of hazardous waste. In 

summary, the Agency and many states 

have, for the most part, an outdated, 

incomplete, and inaccurate 

understanding of the LQG and SQG 

universe. Consequently, over time, this 

undermines the ability of EPA or the 

states to make effective programmatic 

decisions. 

3. Proposed Periodic Re-Notification 

EPA is proposing to add an explicit 

independent requirement to the 

regulations that both LQGs and SQGs renotify EPA using the Site ID form (EPA 

form 8700–12). 73 The intent of this renotification provision is to provide basic 

information to the regulatory agencies 

about who is generating and managing 

hazardous waste. The information 

required in the Site ID form includes: 

• Site name, address, contact 

information, and EPA ID number 

• NAICS (North American Industry 

Classification System) code 

• Information regarding the entity’s 

legal owner and operator 

• Type of regulated waste activity 

(e.g., hazardous waste generator 

category and whether the entity is a 

transporter, treater, storer, disposer, or 

recycler of hazardous waste) 

• Universal waste activities 

• Used oil activities 

• Notification for opting into or 

withdrawing from managing laboratory 

hazardous waste under 40 CFR part 262 

subpart K 

• Description of hazardous waste, 

including a list of applicable federal and 

state hazardous waste numbers 

• Notification of hazardous secondary 

material activity managed under certain 

definition of solid waste exclusions. 

• Certification signed by the entity’s 

legal owner, operator, or authorized 

representative. 

The specific information included in 

the notification will enable regulatory 

agencies to monitor compliance 

adequately and to ensure hazardous 

wastes are managed according to the 

appropriate RCRA hazardous waste 

regulations. The information can be 

used to assist RCRA inspectors in 

determining which facilities may 

warrant greater oversight and provides a 

basis for setting enforcement priorities. 

Notification information is collected in 

EPA’s RCRAInfo database, which is the 

national repository of all RCRA Subtitle 

C site identification information, 

whether collected by a state authority or 

EPA. EPA provides public access to this 

information through EPA’s public Web 

site at http://www.epa.gov/enviro/html/. 

Once an initial notification (to obtain 

an EPA ID number) is submitted, to renotify, a generator need only review the 

previous notification and either make 

changes if necessary or confirm that the 

information remains accurate. 

Furthermore, EPA has recently made 

available an electronic system for the 

regulated community to use to submit 

Site ID forms electronically, which will 

further reduce burden on generators. 

Facilities should check with their states 

regarding whether their state will use 

EPA’s electronic submittal process. 

The proposed rule would require 

LQGs, having first obtained an EPA ID 

number, to re-notify EPA using the Site 

ID form prior to March 1 of each evennumbered year. This time frame is the 

same as that for the biennial reports in 

40 CFR 262.41. Adding this provision to 

§ 262.12 in the existing regulations 

(which is § 262.18 in the proposed 

reorganization in this proposed rule) 

reflects existing processes by which 

LQGs already submit Site ID forms as 

part of the biennial reporting process. 

EPA also believes that the requirement 

to re-notify is particularly important 

considering generators may change 

regulatory status from LQGs to SQGs 

and vice versa. 

EPA is also proposing that SQGs, 

having first obtained an EPA ID number, 

must re-notify EPA using the Site ID 

form prior to February 1 of each evennumbered year. We propose the twoyear time frame to mimic the current 

biennial reporting process for LQGs; 

however, we propose to require that 

SQG re-notifications (due by February 1 

of each even-numbered year) to occur 

one month prior to the due date for LQG 

re-notifications (due by March 1 of each 

even-numbered year) to help reduce the 

burden on states that must process the 

re-notifications. We are also taking 

comment on whether re-notifying every 

four years would be appropriate for 

SQGs. 

EPA also considered whether to 

require SQGs to re-notify on alternate 

years—that is, by March 1 of each oddnumbered year, from LQGs, in order to 

further reduce the burden on states. 

However, this may complicate the 

regulations because a generator can 

change its generator category year-toyear. For example, it is possible that a 

generator who is an LQG during the 

SQG-reporting year and an SQG during 

the LQG-reporting year would not have 

to submit any notification to EPA. 

Furthermore, requiring SQG and LQG 

re-notifications during the same year 

enables EPA to include information 

regarding SQGs in its National Biennial 

RCRA Hazardous Waste Report. 

EPA believes that requiring a set due 

date (i.e., February 1) will ease 

implementation and compliance with 

the re-notification provision. However, 

one alternative that the Agency seeks 

comment on is to allow for ‘rolling’ 

notifications, in that generators could 

re-notify at any time of the year as long 

as they re-notified within two years of 

the date of their last notification. EPA 

understands that this alternative may 

further reduce burden on the states that 

would process the re-notifications, in 

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74EPA is also proposing a notification 

requirement for (1) generators undergoing closure 

(section VIII.G.); (2) LQGs that receive hazardous 

waste from CESQGs (section VII.C) and (3) episodic 

generators (section IX), which are discussed in 

other parts of this preamble. 

that the state would receive the 

notifications throughout the year rather 

than all at once; however, it may also 

complicate compliance by the regulated 

community, as well as compliance 

monitoring by the states and EPA, as 

each LQG and SQG would have a 

unique ‘due date’ that must be 

individually tracked. 

Another alternative to requiring 

periodic notification (e.g., every two 

years) that the Agency seeks comment 

on would be for EPA to require an SQG 

or LQG to re-notify only in the event of 

a change to certain information, such as 

(1) change in ownership and (2) change 

in generator category.74 The Agency 

believes that updating this specific 

information is particularly important 

because: 

• Re-notifying when a generator has a 

change of ownership is important so 

that EPA and the states understand who 

is legally responsible for managing the 

generated hazardous waste. 

• Re-notifying due to a change in 

generator category provides EPA and the 

state with information regarding what 

regulations apply to the generator and 

thus assist with compliance assistance 

and monitoring activities. 

EPA notes that, because an EPA ID 

number is specific to a site location, a 

change in site address for an entity 

already requires the entity to apply for 

a new EPA ID number using the Site ID 

form. 

In this case, EPA would require renotification within 30 days of when the 

change occurred. Re-notification in the 

event of change to these two items may 

further reduce burden on LQGs and 

SQGs, because EPA assumes that these 

changes would happen fairly 

infrequently. However, EPA also notes 

that although LQGs and SQGs would 

only have to re-notify in the event of a 

change in its ownership or generator 

category, re-notification would require a 

complete submittal of all information 

included in the Site ID form. EPA 

understands that this alternative may 

also increase the complexity of 

implementing the regulation because it 

would be difficult for regulatory 

authorities to ensure that renotifications were received according to 

the regulations. For example, if a facility 

last notified ten years ago, it would be 

difficult for EPA and the states to 

ascertain whether the generator has 

failed to re-notify in compliance with 

the regulations or that the generator’s 

information simply hasn’t changed 

since its last notification. Additionally, 

EPA notes that re-notification based on 

a change does not result in data that is 

as reliable as data provided in periodic 

re-notifications because it provides no 

information on generators that have 

stopped operations. 

4. Request for Comment 

EPA requests comment on its 

proposed change to require renotification for SQGs and LQGs, 

including information regarding the 

benefits and burden of such a provision. 

EPA also requests comment on whether 

such re-notification should be every two 

years or one of the other alternatives 

discussed above. Finally, EPA requests 

comment on any other alternatives for 

an independent re-notification 

requirement, including suggestions that 

would reduce the burden on states that 

must process re-notifications. 

Effect of the Proposed Reorganization: 

This section is affected by the proposed 

reorganization. EPA is proposing to 

move § 262.12 (EPA identification 

numbers) to § 262.18 and is proposing to 

revise the title of the section to read 

‘‘EPA identification numbers and renotification for large quantity generators 

and small quantity generators.’’ 

D. Determining Generator Category 

(Proposed New Section 262.13) 

EPA is proposing a new section 

§ 262.13, which would describe how a 

generator determines which generator 

category it would be subject to. 

Proposed § 262.13 discusses the 

framework for making a generator 

determination in paragraph (a) and 

stresses that the calculation is made 

monthly and that the generator category 

can change from month to month. The 

proposed regulatory text would state 

that a generator’s category is determined 

each month by the amount of hazardous 

waste it generates and may change from 

month to month. The regulation sets 

forth procedures to determine whether a 

generator is a very small quantity 

generator, a small quantity generator, or 

a large quantity generator for a 

particular month, as defined in § 260.10. 

The discussion in § 262.13(a) is not a 

new requirement for generators, but 

these steps are not currently laid out in 

the regulations in as succinct a manner. 

EPA believes that the addition of the 

definitions of generator categories to 

§ 260.10 and this paragraph on how to 

make a generator category determination 

should provide specific instructions on 

this matter for the regulated community 

and thereby improve compliance with 

the generator regulations. 

Proposed paragraph (b) of § 262.13 

would specifically address the situation 

in which a generator generates any 

combination of non-acute hazardous 

waste, acute hazardous waste, and the 

residues from the cleanup of a spill of 

acute hazardous waste. This paragraph 

presents a series of steps for a generator 

to follow when determining its 

generator category to ensure that it 

selects the appropriate category for the 

total amount and types of hazardous 

waste generated. 

Proposed §§ 262.13(c) and (d) are 

existing provisions that we are 

proposing to move from §§ 261.5(c) and 

(d) of the existing regulations with a few 

small wording changes to reinforce that 

category determinations are made 

monthly and do not otherwise represent 

a change in the generator regulations. 

EPA is requesting comment on the 

proposal to add this description of how 

a generator is to determine its generator 

category to the regulations. 

Effect of the Proposed Reorganization: 

This section is partially affected by the 

proposed reorganization. Some of the 

language proposed for § 262.13 on what 

materials to count when determining 

generator category are moved from 

existing § 261.5, but much of this 

proposed regulation is new text. 

E. Requiring Hazardous Waste Numbers 

When Marking of Containers Prior to 

Shipping Hazardous Waste Off Site to a 

Designated RCRA Facility (40 CFR 

262.32) 

The Agency is proposing to modify 40 

CFR 262.32 to require SQGs and LQGs 

to mark their containers with the 

applicable EPA hazardous waste 

number (RCRA hazardous waste code) 

prior to transporting their hazardous 

waste off site to a designated RCRA 

facility for subsequent management. 

EPA is proposing this revision so that 

TSDFs can readily identify the contents 

of hazardous waste containers they are 

receiving from generators and 

effectively treat the wastes to meet land 

disposal restriction requirements 

(LDRs). As described elsewhere in this 

proposal, the Agency is proposing 

revisions to the marking and labeling of 

containers and other waste 

accumulation units in order for 

employees, inspectors, emergency 

responders, and waste handlers to better 

understand the potential hazards 

associated with the contents of 

hazardous waste contained in a unit. 

This proposed provision should not 

increase burden on generators as it 

reaffirms commonly used waste 

management practices. Most generators, 

or their designated waste handlers, 

already mark their containers with the 

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applicable EPA hazardous waste 

numbers prior to transporting their 

hazardous waste off site. In fact, 

requiring that applicable EPA hazardous 

waste numbers be marked on containers 

decreases overall burden because it 

avoids the need for a TSDF to identify 

the hazardous waste or send it back to 

the generator for proper identification. 

The Agency requests comment on this 

proposed change. 

Effect of the Proposed Reorganization: 

This section is not affected by the 

proposed reorganization. 

F. Modifications to Management of 

Containers, Tanks, Drip Pads, and 

Containment Buildings (40 CFR 

262.34(a)(2) and(3) and 40 CFR 

262.34(a)(1)) 

The existing regulations for LQGs that 

address the conditions for exemption 

related to marking and labeling are at 

§ 262.34(a)(2) and (3) for containers and 

at § 262.34(a)(3) for tanks. The marking 

and labeling condition for SQGs who 

accumulate hazardous waste in both 

tanks and containers are at 

§ 262.34(d)(4), which references 

§ 262.34 (a)(2) and (3). For practical 

reasons, there are no requirements to 

mark drip pads or containment 

buildings that accumulate hazardous 

waste other than requiring that 

documentation must exist that describes 

the procedures to ensure that each waste 

volume remains in the unit for no more 

than 90 days. 

EPA is proposing to modify 

§ 262.34(a)(2) to strengthen the marking 

and labeling conditions for exemption 

for containers and to modify 

§ 262.34(a)(3) to strengthen and 

consolidate the marking and labeling 

conditions for exemption for hazardous 

waste tanks, drip pads, and containment 

buildings by LQGs. The Agency is also 

proposing to modify § 262.34(d) to 

strengthen the marking and labeling 

conditions of containers, tanks, drip 

pads, and containment buildings by 

SQGs. 

The proposed changes are consistent 

with the applicable discussion of 

marking and labeling of containers in 

SAAs in section VIII.I. Where 

differences may occur is when the 

container may be shipped off-site as 

opposed to when the contents of the 

container are managed on-site, or 

temporarily managed on-site (e.g., when 

the container is moved from the SAA to 

a central accumulation area and then 

shipped off-site to a TSDF). 

1. Container Marking and Labeling for 

LQGs and SQGs (40 CFR 262.34(a)(3)) 

Currently, § 262.34(a)(3) requires each 

container and tank to be labeled or 

marked clearly with the words, 

‘‘Hazardous Waste.’’ However, while the 

words ‘‘Hazardous Waste’’ on containers 

and tanks provide some measure of 

information regarding the contents of 

these units, this information fails to 

describe the specific hazards of the 

contents and what risk these wastes 

could pose to human health and the 

environment. EPA believes it is 

important that employees, transporters, 

downstream handlers, emergency 

personnel, and EPA and state inspectors 

know as much as possible about the 

potential hazards of the contents in 

containers being accumulated, 

transported, and managed, whether onsite and/or off-site, so that the 

hazardous wastes are managed in an 

environmentally sound manner. 

The Agency is proposing two 

modifications that would strengthen the 

labeling and marking conditions for 

LQGs and SQGs accumulating 

hazardous waste in containers. These 

changes are similar to those proposed 

for containers stored in satellite 

accumulation areas (see section VIII.I.) 

First, the Agency is proposing that SQGs 

and LQGs accumulating hazardous 

waste in containers mark their 

containers with both the words 

‘‘Hazardous Waste’’ and other words 

that identify the contents of the 

containers that a third party, such as an 

emergency responder, co-worker 

unfamiliar with the material, or even the 

general public may recognize. Although 

the words ‘‘Hazardous Waste’’ are 

important to convey that the container 

contains a waste, as opposed to a 

product, and that a hazardous waste 

determination has been made for the 

contents, it does not convey more 

practical information regarding the 

contents of the container. Examples of 

other words that identify the contents of 

the container may include, but are not 

limited to the name of the chemical(s), 

such as ‘‘acetone’’ or ‘‘methylene 

dichloride’’; or the type or class of 

chemical, such as ‘‘organic solvents’’ or 

‘‘halogenated organic solvents.’’ 

Another option for complying with this 

provision is to use the proper shipping 

name and technical name markings 

used to comply with DOT requirements 

at 49 CFR part 172 subpart D. The 

Agency does not consider chemical 

formulas, such as CH2Cl2 for methylene 

dichloride, to be ‘‘words that identify 

the contents of the container’’ since 

chemical formulas may not be widely 

known among emergency responders, 

workers, and hazardous waste handlers 

other than chemists. 

If the hazardous waste will 

subsequently be sent off-site for 

treatment and disposal, an SQG or LQG 

may choose to use an appropriate DOT 

proper shipping name found on the 

hazardous materials table at 49 CFR 

172.101 to identify the contents of the 

container while it is accumulating onsite. That way, the generator will fulfill 

EPA and DOT requirements 

simultaneously; however, EPA is not 

proposing to require the use of the DOT 

shipping names while the hazardous 

waste is accumulating on-site. We only 

suggest that the DOT shipping name 

may be one way that some generators 

may choose to identify the contents of 

the container. 

EPA also believes use of the DOT 

marking requirement should be 

sufficient in many situations involving 

DOT Class 9 hazardous materials that 

are also hazardous waste, with the DOT 

shipping name ending in N.O.S. (not 

otherwise specified). As noted at 49 CFR 

172.301 (b), generators using a DOT 

shipping name ending in N.O.S. must 

also provide the technical name of the 

hazardous material in association with 

the proper shipping name. However, the 

Agency is requesting comment on 

examples of when the DOT shipping 

name would not meet EPA’s intent of 

‘‘identifying the contents of the 

container’’ and suggestions for 

addressing this situation. EPA notes that 

additional pre-transport requirements, 

other than the DOT shipping name, 

apply when shipping hazardous waste 

off-site. We are not proposing to change 

EPA’s existing requirements for pretransport requirements that are 

currently found in §§ 262.30 through 

262.33. Similarly, for packages subject 

to 49 CFR, the generator or shipper/

carrier should be familiar with and 

aware of the marking requirements at 49 

CFR 172.304 and prohibited labeling 

and label visibility requirements at 49 

CFR 172.401 and 172.406, respectively. 

The second modification we are 

proposing for labeling containers in 

central accumulation areas is to add a 

provision that SQGs and LQGs mark 

and label their containers with an 

indication of the hazards of the contents 

of the containers. SQGs and LQGs will 

have flexibility in how to comply with 

this new provision. That is, generators 

can indicate the hazards of the contents 

of the container using any of several 

established methods, including, but not 

limited to an EPA hazardous waste 

characteristic(s) (ignitable, corrosive, 

reactive or toxic); a hazard class label 

consistent with the DOT requirements at 

49 CFR part 172 subpart E (labeling); a 

label consistent with the OSHA Hazard 

Communication Standard at 29 CFR 

1920.1200; a chemical hazard label 

consistent with NFPA code 704; or a 

hazard pictogram consistent with the 

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75Letter from Matt Hale, Director of EPA’s Office 

of Solid Waste to John Hopewell, National Paint 

and Coatings Association, February 16, 2007, RCRA 

Online 14764. 

United Nations’ Global Harmonized 

System (GHS). Generators also may use 

any other marking or labeling 

commonly used nationwide in 

commerce that would alert workers and 

emergency responders to the nature of 

the hazards associated with the contents 

of the containers. 

EPA believes that placing both the 

appropriate label and marking on 

containers during hazardous waste 

accumulation will enable persons who 

may come in contact with it to be aware 

of the hazardous contents of the 

container with little or no additional 

cost to generators. In many instances, 

this proposed condition will already 

have been satisfied if the generator 

elects to move a container accumulating 

hazardous waste in a satellite 

accumulation area to a central 

accumulation area. 

In summary, EPA is proposing to 

modify § 262.34(a)(3) and require LQGs 

and SQGs to mark containers with the 

following: (1) the words ‘‘Hazardous 

Waste,’’ (2) other words that identify the 

contents of the containers, and (3) an 

indication of the hazards of the 

container’s contents. We are not 

proposing to change § 262.34(a)(2), 

which requires LQGs and SQGs to mark 

clearly and visibly the date 

accumulation began on each container 

and make that marking visible for 

inspection. 

The Agency requests comment on the 

proposed changes for container marking 

and labeling for LQGs and SQGs. 

Effect of the Proposed Reorganization: 

This section is affected by the proposed 

reorganization in that the labeling and 

marking regulations would be moved 

from § 262.34 to § 262.16(b)(6) (for 

SQGs) and to § 262.17(a)(5) (for LQGs). 

The reorganization is discussed in 

section XIII of this preamble. 

2. Tank Marking and Labeling for LQGs 

and SQGs (40 CFR 262.34(a)(3)) 

The Agency is proposing to modify 

the regulations at § 262.34(a)(3) to 

require LQGs and SQGs to use inventory 

logs, monitoring equipment, or records 

indicating the date the hazardous waste 

first entered the tank in order to support 

a generator’s determination that it has 

not exceeded its 90 day accumulation 

time limit, or in the case of an SQG, its 

180-day time limitation. Exceeding the 

90- or 180-day time limitation for LQGs 

and SQGs, respectively, would be a 

violation of a condition for an 

exemption from permitting 

requirements. Records from tank level 

sensors also may be used which could 

be either automatically logged from the 

sensors to a computer record, or 

recorded as part of a tank’s operational 

daily inspection (see 40 CFR 265.195). 

Generators may also use any other 

methods that clearly demonstrate the 

date hazardous waste first entered the 

tank and show that the hazardous waste 

was subsequently emptied within 90 

days of the date it first entered that tank, 

or 180 days in the case of an SQG 

(unless the hazardous waste must travel 

greater than 200 miles to a TSDF in 

which case 270 days is allowed). The 

generator must also use inventory logs 

to identify the hazardous waste contents 

and hazards of the tank. 

With respect to the accumulation start 

date, in the preamble to the 

promulgation of the SQG regulations (51 

FR 10160, March 24, 1986), EPA stated 

that § 262.34 contains the conditions for 

exemption for generators that 

accumulate hazardous waste on site. 

Under § 262.34(a), an LQG may 

accumulate hazardous waste on site in 

tanks or containers in any quantity for 

up to 90 days (and up to 180 days for 

a SQG unless the hazardous waste must 

travel greater than 200 miles to a TSDF 

in which case 270 days is allowed) 

without the need to have interim status 

or obtain a storage permit under RCRA, 

provided the generator complies with 

the conditions of § 262.34, which 

include marking the date upon which 

the period of accumulation begins. 

While the preamble mentions marking 

tanks and containers, the final 

regulation at § 262.34(a)(2) requires 

generators to mark the date upon which 

each period of accumulation begins only 

on containers. 

As part of EPA’s Hazardous Waste 

Technical Corrections and Clarifications 

Direct Final Rule (75 FR 12989, March 

18, 2010), the Agency sought to correct 

this oversight by including what it 

thought to be the appropriate clarifying 

language. The proposed regulatory 

language required generators to mark 

the date upon which each period of 

accumulation begins on each container 

and tank, which would bring the 

regulation in line with the preamble to 

the 1986 rule. However, EPA received 

numerous adverse comments regarding 

this change and as a result withdrew 

that proposed change. The comments 

stated, among other things, that, unlike 

containers, the Agency failed to realize 

that generators do not actually mark 

their tanks with the date upon which 

each period of accumulation begins 

because the tank is often a fixture that 

is used and emptied repeatedly. 

Commenters argued that marking tanks 

would cause confusion since there 

would be numerous markings all over 

the tank making it difficult for the 

generator and inspector to identify 

when the last period of accumulation 

began or could cause an extra effort of 

removing the old marking before 

applying a new one. 

At least one commenter also cited an 

EPA letter clarifying § 262.34(a)(l)(ii) in 

connection with the turnover of 

hazardous waste stored in generator 

accumulation tanks.75 In that letter, EPA 

stated that ‘‘LQGs utilizing a batch 

process must meet the requirements of 

§ 262.34(a)(l)(ii). For example, the use of 

inventory records in conjunction with 

tank markings may provide 

confirmation that the tank has been 

emptied within an appropriate time 

period. Specifically, the inventory 

records typically show the dates and 

quantity of hazardous waste entering the 

tank, as well as the dates the tank was 

emptied. Shipping or hazardous waste 

manifest records also may be used to 

verify when the tank was emptied. 

Likewise, tanks accumulating hazardous 

wastes may have information indicating 

the time and date hazardous waste first 

entered the tank.’’ The Agency went on 

to say that there may be other methods 

to demonstrate that a tank has been 

emptied, but any method used to 

confirm compliance with 

§ 262.34(a)(l)(ii) must be reasonable and 

easily discernible to EPA or an 

authorized state. 

Later in this letter, EPA stated that 

LQGs accumulating hazardous wastes 

through a continuous flow process must 

‘‘demonstrate that the hazardous waste 

has not been stored for more than 90 

days . . . For example, a generator 

could confirm that the volume of a tank 

has been emptied every 90 days by 

recording the results of monitoring 

equipment both entering and leaving a 

tank. This recordkeeping, in 

conjunction with the tank volume, 

would enable inspectors, as well as 

[site] personnel, to demonstrate 

compliance with § 262.34(a)(l)(ii). 

Likewise, in marking the tank, a 

generator could mark both the tank 

volume and estimated daily throughput 

to allow inspectors to determine the 

number of days that hazardous wastes 

resides in a tank to determine 

compliance with § 262.34(a)(l)(ii). As 

noted above, there may be other 

methods to demonstrate that the tank 

has been emptied, but any method or 

demonstration to confirm compliance 

must be reasonable and easily 

discernible to EPA or an authorized 

state.’’ 

Subsequent to withdrawing the 

provision at § 262.34(a)(2) as part of 

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Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules 57951 

76Note: Under a separate provision discussed in 

section VIII.J, the Agency is proposing to allow 

hazardous waste to be accumulated by SQGs in drip 

pads and containment buildings. 

EPA’s Hazardous Waste Technical 

Corrections and Clarifications Direct 

Final Rule due to adverse comment, 

EPA also confirmed with state officials 

that current operating practices do not 

include generators physically marking 

their tanks. Instead, generators are able 

to use inventory logs, monitoring 

equipment, or other methods to 

demonstrate that a tank has been 

emptied within 90 days of the date 

hazardous waste first entered the tank. 

Therefore, with respect to the 

accumulation start date for tanks, EPA 

is proposing that generators may use 

inventory logs, monitoring equipment or 

records indicating the date the 

hazardous waste first entered the tank, 

as long as this information is 

immediately accessible for inspection. 

Records from tank level sensors also 

may be used that are either 

automatically logged from the sensors to 

a computer record or recorded as part of 

a tank’s operational daily inspection 

(required by 40 CFR 265.195). 

Generators may also use any other 

methods that clearly demonstrate the 

date hazardous waste first entered the 

tank and was subsequently emptied 

within 90 days of the date hazardous 

waste first entered that tank. 

The same issue potentially applies to 

a generator physically marking and 

labeling the contents of the tank and its 

associated hazards. If the contents and 

associated hazards frequently change, 

then physically marking the tank could 

result in numerous markings and labels 

on the tank, making it difficult for 

employees and others to identify its 

contents. Therefore, following the same 

logic, the Agency is proposing that 

generators use inventory logs or records 

to identify the contents of the tank and 

its associated hazards. The Agency is 

also proposing that such tank logs be 

immediately accessible by the generator 

should the need arise. 

The Agency requests comment on the 

feasibility and effectiveness of using 

inventory logs or records to identify the 

contents and hazards of a hazardous 

waste tank. The Agency also requests 

comment on alternative methods of 

identifying the contents and hazards of 

a hazardous waste tank in a more costeffective manner. 

Consistent with the existing 

regulations for tanks at § 262.34(a)(3), 

the Agency will continue to require that 

hazardous waste tanks be labeled with 

the words ‘‘Hazardous Waste.’’ 

Effect of the Proposed Reorganization: 

This section is affected by the proposed 

reorganization. The labeling and 

marking regulations would be moved 

from § 262.34 to § 262.16(b)(6) (for 

SQGs) and to § 262.17(a)(5) (for LQGs). 

The reorganization is discussed in 

section XIII of this preamble. 

3. Drip Pad and Containment Building 

Marking and Labeling for LQGs and 

SQGs (40 CFR 262.34(a)(3)) 76

The existing regulations for drip pads 

at § 262.34(1)(iii)(A) and (B) require 

generators to produce a description of 

the procedures that will be followed to 

ensure that all wastes are removed from 

the drip pad and associated collection 

system at least every 90 days, and to 

produce documentation of each waste 

removal, including the quantity of waste 

removed from the drip pad and the 

sump or collection system and the date 

and time of removal. Likewise, the 

existing regulations for containment 

buildings at § 262.34(1)(iv)(A) and (B) 

require the generator to produce a 

written description of the procedures to 

ensure that each waste volume remains 

in the containment building for no more 

than 90 days, a written description of 

the waste generation and management 

practices for the facility showing that 

they are consistent with respect to the 

90-day limit, and documentation that 

the procedures are complied with. 

However, in both instances, the existing 

regulation explicitly fails to account for 

when the hazardous waste is first placed 

in or on the unit, which raises questions 

as to how a generator documents that it 

has met the 90-day limit. 

Therefore, to address this 

shortcoming, and because the risks for 

accumulating hazardous wastes on drip 

pads and containment buildings are 

similar to those accumulating in tanks, 

and for purposes of consistency and 

uniformity with the marking and 

labeling provisions for tanks, the 

Agency is proposing the same marking 

and labeling regulatory framework for 

hazardous wastes accumulated on drip 

pads and in containment buildings that 

it is proposing for tanks. 

Specifically, the Agency is proposing 

that hazardous waste accumulated on 

drip pads and in containment buildings 

be labeled in a conspicuous place near 

these units with the words ‘‘Hazardous 

Waste.’’ The Agency is also proposing to 

revise the existing marking regulations 

and clarify that LQGs and SQGs 

document the date that the hazardous 

waste was first placed on the drip pad 

and the sump or collection system in 

order to verify that the removal or 

turnover of the hazardous wastes on the 

drip pad took place within 90 days or 

less in order to support a generator’s 

determination that it has not exceeded 

its 90-day accumulation time limitation. 

Exceeding the 90-day time limitation for 

LQGs and SQGs, respectively would be 

a violation of a condition for an 

exemption from permitting 

requirements. Note that this is also 

important because, as described in 

section VIII.J below, SQGs may move 

their wastes from one type of unit to 

another (e.g., drip pad to containers), 

and without knowing the start and end 

dates, the generator will not be able to 

confirm that it met the appropriate 

accumulation time limitations. 

Consistent with current drip pad 

regulations in 40 CFR 

262.34(a)(1)(iii)(A) and (B), these 

provisions will continue to include a 

description of the procedures to be 

followed by both SQGs and LQGs to 

ensure that all wastes are removed from 

the drip pad and associated collection 

system at least once every 90 days as 

well as documentation of each waste 

removal. 

Finally, the Agency is proposing that 

generators use inventory logs or records 

to identify the contents of the drip pad 

and its associated hazards and that such 

logs and records be immediately 

accessible. The Agency believes that 

these requirements are necessary to 

ensure that workers and emergency 

responders handling or coming in 

contact with the waste understand the 

hazards and dangers that they may be 

exposed to. 

In addition, as with the proposed 

changes for hazardous wastes 

accumulated in tanks and on drip pads, 

the Agency is proposing to clarify that 

LQGs and SQGs may use inventory logs, 

monitoring equipment, or any other 

effective means to document the date 

the hazardous waste was first placed in 

the containment building and the date 

when the hazardous waste was removed 

to verify that the waste was 

accumulated no more than 90 days at 

any one time. 

Consistent with the existing 

regulation at § 262.34(a)(1)(iv)(A) and 

(B) for containment buildings, the 

proposed regulation for both LQGs and 

SQGs will state that the generator must 

maintain the following records and that 

they can do so by using inventory logs, 

records from monitoring equipment, or 

any other effective means: 

(1) A professional engineer 

certification that the building complies 

with the design standards specified in 

40 CFR 265.1101 in the facility’s 

operating record prior to operation of 

the unit; and 

(2) A written description of 

procedures to ensure that each waste 

volume remains in the unit for no more 

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57952 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules 

77See Sample of States With Container 

Documentation Requirements in the docket for this 

rulemaking. 

than 90 days by identifying the date 

hazardous waste first started to be 

accumulated, a written description of 

the waste generation and management 

practices for the site showing that they 

are consistent with respecting the 90 

day limit, and documentation that the 

procedures are complied with; or 

(3) Documentation that the unit is 

emptied at least once every 90 days. 

Finally, the Agency is proposing that 

generators use inventory logs or records 

to identify the contents of the 

containment building and its associated 

hazards and that such logs and records 

be immediately accessible. As with the 

proposed changes to the marking and 

labeling of drip pads, the Agency 

believes that these requirements are 

necessary to ensure that workers and 

emergency responders handling or 

coming in contact with the waste 

understand the hazards and dangers that 

they may be exposed to. 

As with the proposed changes to the 

tank marking and labeling regulations at 

§ 262.34(a)(3), the Agency requests 

comment on the necessity and 

effectiveness of explicitly requiring 

generators to use inventory logs or 

records to identify the contents and 

hazards of hazardous waste 

accumulated on a drip pad or in a 

containment building. The Agency also 

requests comment on alternative 

methods of identifying the contents and 

hazards of a hazardous waste on a drip 

pad or in a containment building in a 

more cost-effective manner. Lastly, the 

Agency requests comment on how a 

generator can more effectively mark or 

label a drip pad or containment building 

with the words ‘‘Hazardous Waste.’’ 

Effect of the Proposed Reorganization: 

This section is affected by the proposed 

reorganization. The labeling and 

marking regulations would be moved 

from § 262.34 to § 262.16(b)(6) (for 

SQGs) and § 262.17(a)(5) (for LQGs). 

The reorganization is discussed in 

section XIII of this preamble. 

4. Request for Comment on 

Documentation of Waste Accumulation 

Unit Inspections 

a. Container inspections at §§ 262.34. 

The Agency is requesting comment in 

this proposal on requiring both LQGs 

and SQGs, as a condition for exemption 

to record the results of their required ‘‘at 

least weekly’’ inspections to emphasize 

the importance of these inspections in 

preventing releases into the 

environment and to provide a measure 

of accountability that a generator 

inspection of its containers actually took 

place. 

As part of the proposed reorganization 

to make the generator regulations more 

user-friendly, the Agency is proposing 

to incorporate parts of the existing 

regulatory text at § 265.174 (Container 

Inspections) into § 262.34 (§ 262.16(b)(2) 

for SQGs and § 262.17(a)(1) for LQGs 

under the proposed reorganization) and 

to revise these paragraphs to incorporate 

the existing regulatory text at § 265.171 

for remedial action that is required if 

deterioration or leaks are detected. 

The requirement for container 

inspections at § 265.174 states that the 

owner or operator must inspect areas 

where containers are stored at least 

weekly and that the owner or operator 

must look for leaking containers and for 

deterioration of containers caused by 

corrosion or other factors. 

Currently, neither SQGs nor LQGs are 

required to record the results of their 

weekly inspections. As a result, EPA 

and some states have no reliable way to 

verify that such inspections took place 

unless, by the rare chance, an inspector 

is inspecting a generator site at the same 

time that the ‘‘at least weekly’’ 

inspection occurs or an inspector 

notices a release from a container during 

an inspection. This problem is 

compounded by the fact that generators 

accumulating hazardous wastes in 

containers are not required to have any 

type of secondary containment for their 

containers. Therefore, should a release 

occur, these problems could be 

compounded if the ‘‘at least weekly’’ 

inspection fails to occur. 

A review of state programs found that 

many states already require generators 

accumulating hazardous waste in 

containers to maintain records of their 

weekly inspections. Many of these states 

provide templates for generators to use 

to assist them in recording the results of 

their inspections.77

EPA does not believe the burden 

imposed upon generators to record the 

results of its weekly inspections would 

be significant, particularly if generators 

use a template of some type to 

document the results of inspections (see 

examples of templates provided by 

states to generators to assist them in 

recording the results of inspections in 

the docket to this proposal). 

The Agency also believes that best 

management practices for generators 

would already include documenting the 

results of their weekly inspections to 

not only prevent any releases, but also 

identify situations, such as a damaged 

container, that could lead to a potential 

release to the environment. That is, the 

Agency believes that the incremental 

cost of documenting the results of 

weekly inspections would be less than 

the costs of having to clean up after a 

release. 

The Agency is also seeking comment 

on modifying the generator 

accumulation conditions (the proposed 

language at §§ 262.16(b)(2)(iv) and 

262.17(a)(1)(v) under the reorganization) 

to add a provision that generators 

document their weekly inspections of 

containers in central accumulation areas 

and keep the log of the inspections at 

the site for at least three years. The 

record of each inspection would 

document the following: the visual 

inspection of containers to identify any 

hazardous wastes accumulated in 

rusting, bulging, or leaking containers; a 

description of any discrepancies or 

problem areas encountered in the 

inspection and corrective actions taken; 

and the signature or initials of the 

inspector and the date of the inspection. 

In requesting comment on 

documenting the results of ‘‘at least 

weekly’’ container inspections, the 

Agency is interested in the 

environmental and economic impacts of 

requiring all generators accumulating 

hazardous waste in containers to 

document weekly container inspection, 

as a condition for exemption. 

Additionally, the Agency requests 

comment on whether to require 

documentation of such inspections if 

the generator has a secondary 

containment system to control leaks in 

the event of a release of hazardous 

wastes or other such incidents. The 

Agency also requests comment on 

whether this documentation 

requirement should be limited to those 

generators that accumulate a certain 

amount of hazardous waste at any one 

time or generators that accumulate more 

than a certain number of containers in 

a central accumulation area at any one 

time. Lastly, the Agency also seeks 

comment from generators in states who 

already must maintain records of their 

container inspections on their 

experience with this provision and 

whether there are effective alternative 

options worth considering that achieve 

the same goals. 

b. Tank inspections for SQGs at 

§ 262.34(d)(3) with cross-reference to 

§§ 265.201(c) and (d). The Agency also 

requests comment on requiring small 

quantity generators accumulating 

hazardous waste in tank systems to 

document the results of their tank 

inspections in order to emphasize the 

importance of these inspections in 

preventing releases into the 

environment and to provide a measure 

of accountability that a generator 

inspection of its tanks actually took 

place. Unlike LQGs accumulating 

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hazardous wastes in tanks, who must 

document the results of their 

inspections, SQGs have no such 

provision in part 262. EPA proposes to 

incorporate the regulatory text of 

§ 265.201(c) and (d) into § 262.16. 

The regulations at § 265.201(c)(1) 

through (5) state that SQGs must inspect 

discharge equipment, data from 

monitoring equipment, and levels of 

waste in a tank daily, unless the tanks 

have secondary containment and leak 

detection equipment or procedures, in 

which case these can be inspected at 

least weekly. In addition, SQGs must 

inspect the construction of tanks and of 

discharge confinement structures like 

dikes and the areas immediately 

surrounding them at least weekly. 

Section 265.201(d) also requires that 

SQGs with full tank secondary 

containment to document in the 

facility’s operating record when an 

alternative inspection schedule is used. 

However, neither § 265.201(c) nor (d) 

contains a requirement to document the 

results of any inspection findings. 

Therefore, the Agency requests 

comment on adding a paragraph to 

§ 262.16 that would require that 

generators record in a log the daily and 

weekly results of inspecting their tanks 

and maintain a record of those 

inspections on site for at least three 

years. 

Similarly, the Agency requests 

comment on adding a similar provision 

to § 262.16 to address tanks with 

secondary containment and leak 

detection systems or practices to ensure 

that leaks that are identified, that the 

generator would be required to record in 

a log the results of inspecting these 

areas, including any leakage that may 

occur and maintain a record of those 

inspections on site for at least three 

years. 

In commenting on this matter, please 

consider, in particular, whether it is 

environmentally and economically 

worthwhile to require SQGs 

accumulating hazardous waste in tanks 

to document the results of daily and 

weekly tank inspections. The Agency 

also requests comment on whether to 

require the documentation of such 

inspections if the SQG has a secondary 

containment system to control leaks in 

the event of the release of hazardous 

wastes. Additionally, the Agency 

requests comment on whether this 

documentation requirement should be 

limited to those generators that 

accumulate a certain amount of 

hazardous waste at any one time or 

generators that accumulate hazardous 

waste in more than a certain number of 

tanks in a central accumulation area. 

Lastly, the Agency also seeks comment 

from SQGs in states who already must 

maintain records of their tank 

inspections on their experience with 

this requirement and whether there are 

effective alternative options worth 

considering that achieve the same goal. 

c. Drip pad inspections for both SQGs 

and LQGs at § 262.34. The Agency also 

requests comment on requiring both 

LQGs and SQGs accumulating 

hazardous waste on drip pads to 

document the results of their drip pad 

inspections. The current regulation in 

§ 262.34(a)(1)(iii) references subpart W 

of part 265. Section 265.444 in subpart 

W currently requires that after 

installation, liners and covers must be 

inspected to ensure tight seams and 

joints and the absence of tears, 

punctures, or blisters and that while a 

drip pad is in operation, it must be 

inspected weekly and after storms to 

detect evidence of various types of 

damage to the drip pad or the systems 

that prevent and detect run-off and 

leakage. 

As with hazardous waste accumulated 

in containers by LQGs and SQGs and 

hazardous waste accumulated in tank 

systems by SQGs, there is no regulation 

requiring them to document the results 

of drip pad inspections. Therefore, the 

Agency requests comment on modifying 

the generator accumulation conditions 

(§§ 262.16(b)(4) and 262.17(a)(3) in the 

proposed reorganization) to add a 

condition that the generator record in a 

log the results of weekly inspections 

and inspections after storms and that 

the records address deterioration, 

malfunctions or improper operation of 

run-on and run-off control systems; the 

presence of leakage in and proper 

functioning of leakage detection 

systems; and deterioration or cracking of 

the drip pad surface. The generator 

would be required to keep a record of 

the inspections on site for at least three 

years from the date of the last 

inspection. 

In commenting, please consider 

whether it is environmentally and 

economically worthwhile to require 

SQGs accumulating hazardous waste on 

drip pads to document the results of 

weekly drip pad inspections. 

Additionally, the Agency requests 

comment on whether this 

documentation requirement should be 

limited to those generators that 

accumulate a certain amount of 

hazardous waste at any one time. The 

Agency also seeks comment from SQGs 

and LQGs in states who already must 

maintain records of their drip pad 

inspections on their experience with 

this provision, including whether it 

makes environmental and economic 

sense to ensure releases do not occur 

and whether there are effective 

alternative options that achieve the 

same goals. 

G. Generator Closure Regulations 

EPA is proposing three changes to the 

closure conditions for exemption from 

permitting for LQGs in 

§ 262.34(a)(1)(iv)(B). First, EPA is 

proposing to consolidate the closure 

regulations for LQGs accumulating 

hazardous waste at § 262.17(a)(8). This 

consolidation would include both the 

general performance requirements 

found at §§ 265.111 and 265.114 for 

containers, tanks, drip pads, and 

containment buildings, and the unit 

specific requirements found at § 265.197 

for tanks, § 265.445 for drip pads, and 

§ 265.1102 for containment buildings. 

Second, EPA is proposing to 

strengthen the closure regulations for 

LQGs accumulating hazardous waste in 

containers in central accumulation areas 

that plan to stop hazardous waste 

accumulation in those containers by 

requiring them to meet the same type of 

closure regulations that apply for tanks, 

drip pads and containment buildings, 

including in those situations where a 

generator is not able to demonstrate that 

its contaminated soils can be practicably 

removed or decontaminated. 

Third, EPA is proposing to require an 

LQG to notify EPA or the authorized 

state using EPA form 8700–12 at least 30 

days prior to closing the generator’s site 

or when the generator closes a unit 

accumulating hazardous waste. 

Additionally, EPA is proposing that an 

LQG notify EPA or their authorized state 

within 90 days after closing the site or 

the unit accumulating the hazardous 

waste. This notification would state that 

the LQG has clean closed or failed to 

clean close and therefore must close as 

a landfill. 

1. Consolidation of Closure Regulations 

for LQGs in Part 262 

EPA is proposing to consolidate all of 

the closure regulations for LQGs 

accumulating hazardous waste in tanks, 

drip pads, and containment buildings in 

the generator accumulation conditions 

(§ 262.17(a)(8) under the proposed 

reorganization). EPA believes that the 

current structure of these regulations 

can be confusing and difficult to follow. 

Currently, the closure regulations for 

LQGs are found at § 262.34(a)(1). These 

regulations refer to the general 

performance requirements for closure at 

§§ 265.111 and 265.114. Section 265.111 

references the unit specific closure 

regulations found at subpart J of part 

265 (for tanks), subpart W of part 265 

(for drip pads) and subpart DD of part 

265 (for containment buildings). The 

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78Memo from Robert Springer, Director of EPA’s 

Office of Solid Waste, to RCRA Directors, 

September 24, 2003, RCRA Online 14681; Drip Pad 

Closure Notification and Certification 

Requirements, November 1, 1997, RCRA Online 

14130; and RCRA/Superfund Hotline Monthly 

Report, December 1998, RCRA Online 14321, that 

states: ‘‘LQGs are subject to the most stringent 

requirements, which include general closure 

provisions and unit-specific ones. The general 

closure requirements appear in Section 265.111 and 

Section 265.114 (Section 262.34(a)(1)).’’ 

Additionally, the report states: ‘‘LQGs storing or 

treating waste in tanks, on drip pads, or in 

containment buildings are also subject to closure 

requirements specific to these types of units.’’ 

79Comments from the National Mining 

Association, May 3. 2010. Docket ID No: ID EPA– 

HQ–RCRA–2008–0678. 80RCRA/Superfund Hotline Monthly Report, 

December 1998, RCRA Online 14321. 81Note: During the partial and final closure 

periods, all contaminated equipment, structures 

and soil must be properly disposed of, or 

decontaminated unless specified otherwise in 

§ 265.197, 265.228, 265.258, 265.280, or 265.310. By 

removing all hazardous wastes or hazardous 

constituents during partial and final closure, the 

owner or operator may become a generator of 

hazardous waste and must handle that hazardous 

waste in accordance with all applicable 

requirements of part 262. 

closure regulations for LQGs refer to the 

TSDF regulations because the waste 

accumulation units at LQGs (tanks, drip 

pads, and containment buildings) are 

similar to those at TSDFs and, thus, 

present the same potential for adverse 

impacts to human health and the 

environment if closure is not conducted 

properly. 

However, while §§ 265.111 and 

265.114 cite the specific closure 

regulations for different types of units, 

missing from § 265.111 is a reference to 

drip pads and missing from § 265.114 is 

a reference to both drip pads and 

containment buildings. The Agency 

believes these are inadvertent oversights 

where EPA failed to make the 

appropriate conforming changes when 

the regulations for drip pads and 

containment building were promulgated 

in 1990 and 1992, respectively.78

Furthermore, as with other parts of 

the hazardous waste generator 

regulations, the accumulation 

regulations at § 262.34 often reference 

the detailed technical regulations of part 

265 to reduce duplication. Part 265 

describes the technical regulations for 

interim status TSDFs. Usually, the 

technical requirements in part 265 are 

clear in distinguishing the generator 

standards from standards for interim 

status TSDFs (e.g., § 265.201 specifies 

that the provisions of that paragraph are 

only for SQGs); however, this is not the 

case for the LQG closure regulations. 

Finally, EPA believes the closure 

regulations are unnecessarily confusing. 

For example, the tank system 

regulations for LQGs at § 262.34(a)(1)(ii) 

make clear that the requirements of 

§ 265.197(c) do not apply to LQGs. Yet, 

LQGs must comply with § 265.111, 

which in turn, at paragraph § 265.111(c) 

requires LQGs to comply with 

§ 265.197, which includes paragraph (c). 

One commenter wrote about this 

confusion when the Agency proposed to 

clarify the closure regulations for LQGs 

as part its March 18, 2010, Hazardous 

Waste Technical Corrections and 

Clarifications Direct Final Rule (75 FR 

12989).79 The Agency has made clear in 

guidance that generators are not subject 

to § 265.111(c), except if the facility 

cannot clean close its waste 

accumulation unit(s), but we believe 

that a regulatory change would make 

this even more clear.80

Therefore, as a first step in improving 

the usefulness of the closure regulations 

for LQGs accumulating hazardous waste 

in containers, tanks, drip pads, and 

containment buildings, EPA is 

proposing to consolidate and integrate 

all relevant closure provisions for LQGs 

accumulating hazardous waste in tanks, 

drip pads, and containments buildings 

at § 262.17(a)(8). The closure regulations 

include the following: (1) the general 

closure performance standards found at 

§ 265.111(a) and (b); (2) a modified 

version of the standards found at 

§ 265.114 (Disposal or decontamination 

of contaminated equipment, structures, 

and soils) that incorporates regulatory 

language applicable to containers, tanks, 

drip pads, and containment buildings 

undergoing closure; (3) the unit-specific 

closure regulations relevant to tanks, 

drip pads, and containment buildings 

found at §§ 265.197(a) and (b), 

265.445(a) and (b), and 265.1102(a) and 

(b), respectively;81 (4) a provision 

addressing the disposition of any 

hazardous waste generated in the 

process of closing either the generator’s 

site or unit(s) accumulating hazardous 

waste, and (5) a provision addressing 

the situation when a waste 

accumulation unit or site cannot clean 

close and must close as a landfill. This 

includes situations where an LQG 

accumulating hazardous wastes in 

containers cannot clean close. More 

specifically, the proposed new closure 

regulations in the generator 

accumulation conditions at 

§ 262.17(a)(8)(ii) would require LQGs at 

closure to close the waste accumulation 

unit or site in a manner that achieves all 

of the following: 

(1) Minimizes the need for further 

maintenance by controlling, 

minimizing, or eliminating, to the extent 

necessary to protect human health and 

the environment, the post-closure 

escape of hazardous waste, hazardous 

constituents, leachate, contaminated 

run-off, or hazardous waste 

decomposition products to the ground 

or surface waters or to the atmosphere; 

(2) Properly disposes of or 

decontaminates all contaminated 

equipment, structures and soil and any 

remaining hazardous waste residues 

from waste accumulation units 

including containment system 

components (pads, liners, etc.), 

contaminated soils and subsoils, bases, 

and structures and equipment 

contaminated with waste. Any 

hazardous waste residues remaining in 

the unit(s) being closed must be 

removed from the unit(s). Any leakage 

must also be decontaminated or 

removed and managed as a hazardous 

waste unless § 261.3(d) applies; 

(3) Manages any hazardous waste 

generated in the process of closing 

either the generator’s site or unit(s) 

accumulating hazardous waste in 

accordance with all applicable 

requirements of parts 260 through 270, 

including removing any hazardous 

waste contained in these units within 90 

days of generating it and managing these 

wastes in a RCRA Subtitle C hazardous 

waste permitted or interim status 

treatment, storage and disposal facility 

or interim status facility; and 

(4) Ensures that if the generator 

demonstrates that all contaminated soils 

cannot be practicably removed or 

decontaminated as required in this 

section, then the generator must close 

the waste accumulation unit(s) and 

perform post-closure care in accordance 

with the closure and post-closure care 

regulations that apply to landfills 

(§ 265.310). In addition, for the purposes 

of closure, post-closure, and financial 

responsibility, such a waste 

accumulation unit is then considered to 

be a landfill, and the generator must 

meet all of the standards for landfills 

specified in subparts G and H of part 

265. 

2. Closure Regulations for LQGs 

Accumulating Hazardous Waste in 

Containers 

As an additional condition to qualify 

to accumulate hazardous waste without 

a permit or interim status, EPA is 

proposing to require LQGs accumulating 

hazardous wastes in containers in 

central accumulation areas that plan to 

stop hazardous waste accumulation in 

those containers to meet the same type 

of closure regulations discussed above— 

that is, the closure regulations for tanks, 

drip pads, and containment buildings. 

This includes situations where an LQG 

accumulating hazardous wastes in 

containers can demonstrate that any 

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82See EPA’s On Scene Coordinator (OSC) Web 

site: http://www.epaosc.org. 

contaminated soils cannot be 

practicably removed or decontaminated 

and as a result, the generator must close 

the waste accumulation unit(s) and 

perform post-closure care in accordance 

with the closure and post-closure care 

requirements that apply to landfills 

(§ 265.310). In addition, for the purposes 

of closure, post-closure, and financial 

responsibility, such a waste 

accumulation unit is then considered to 

be a landfill, and the generator must 

meet all of the requirements for landfills 

specified in subparts G and H of part 

265. 

Supporting these proposed 

regulations are damage cases by 

generators who accumulated hazardous 

wastes in containers. An examination of 

Superfund removal actions shows LQGs 

accumulating hazardous waste in 

containers have sometimes closed their 

doors or abandoned their sites, resulting 

in environmental problems.82 Most 

LQGs use containers to accumulate 

hazardous wastes. Some LQGs may 

generate relatively small quantities of 

hazardous waste and therefore may not 

need many containers to accumulate 

their hazardous wastes, but other 

generators generate a sufficient quantity 

of hazardous waste to require the use of 

a large number of containers each day. 

Not ensuring that these sites are closed 

properly increases the risk of more 

damage cases. 

For LQGs that accumulate hazardous 

waste in containers or container units, 

EPA is proposing closure regulations 

that replicate the regulations in 

paragraphs § 262.17(a)(8)(ii), mentioned 

above. The Agency believes the closure 

regulations are applicable to LQGs who 

have accumulated hazardous waste in 

containers as well as to LQGs who have 

accumulated hazardous waste in tanks, 

drip pads and containment buildings in 

order to prevent adverse impacts to 

human health and environment. 

Therefore, as with LQGs that 

accumulate hazardous wastes in tanks, 

drip pads, and containment buildings, 

should a generator decide to close a 

container or stop accumulating 

hazardous waste in containers at the site 

altogether, it would be responsible for 

complying with the regulations 

proposed at § 262.17(a)(8)(ii) and 

removing all relevant hazardous wastes 

accumulated within 90 days of 

generating it and any hazardous wastes 

that also may have been accumulated in 

SAAs. Otherwise, the generator would 

fail to meet the conditions for the 

exemption from permitting and would 

be subject to the requirements of 40 CFR 

parts 264, 265, 267 and the permit 

requirements of part 270. 

3. Notification by LQGs Upon Closure of 

their Hazardous Waste Accumulation 

Units 

EPA is also proposing that an LQG 

notify either EPA or its authorized state 

at least 30 days prior to closure of a 

hazardous waste accumulation unit, 

such as a container, tank, drip pad, or 

containment building, or closure of the 

site altogether. EPA is also proposing 

that such generators subsequently notify 

EPA or its authorized state no later than 

90 days after closure of the site or a 

hazardous waste accumulation unit that 

they have either clean closed (e.g., 

complied with the applicable generator 

closure regulations) or, if they cannot 

clean close, that they must close as a 

landfill. If these changes are finalized, 

EPA will amend EPA form 8700–12 to 

incorporate collection of this 

information. 

The hazardous waste regulatory 

program is a ‘‘cradle to grave’’ system in 

which any hazardous waste generated 

by an LQG (or SQG) must be 

subsequently managed, either on site or 

off site at an appropriate RCRA 

destination facility. Missing from the 

current regulatory framework is 

knowledge by the regulatory authority 

that the LQG, upon closing either a 

waste accumulation unit or closing the 

site altogether, properly closed the 

accumulation unit in compliance with 

the applicable closure regulations. 

Without this knowledge, regulatory 

authorities do not know whether 

generators have abandoned the site, 

leaving behind hazardous waste that 

could subsequently result in a release to 

the environment and adverse impacts to 

human health and the environment. 

Thus, these closure notifications are 

important to ensure that LQGs close 

their waste accumulation unit, or site, in 

compliance with the applicable closure 

regulations. Fail to properly close would 

be a violation of the waste accumulation 

exemption. 

4. Request for Comment 

EPA requests comment regarding its 

proposal to consolidate the closure 

regulations for hazardous waste 

generated by LQGs in § 262.17(a)(8) and 

whether this approach would improve 

the readability/understandability of the 

rules, and thus, improve compliance. 

EPA also requests comment on whether 

parts of the proposed closure 

regulations at § 262.17(a)(8) should be 

modified. 

EPA also requests comment regarding 

its proposal to strengthen the closure 

regulations for LQGs accumulating 

hazardous waste in containers. 

In addition, EPA requests comment 

on whether it should require LQGs to 

notify EPA regarding closure both prior 

to closure (e.g., at least 30 days prior to 

closure) and after closure (e.g., notify no 

later than 90 days after the site has 

closed one or all of its hazardous waste 

accumulation units either by clean 

closure or closed as a landfill) or 

whether EPA should just require 

notification only once—that is, after 

closure (e.g., no later than 90 days after 

closure). Requiring notification only 

after closure of the hazardous waste 

accumulation unit or site reduces the 

generator’s paperwork burden in half 

and allows EPA and the state to focus 

on results. However, requiring 

notification both before and after 

closure creates greater visibility for this 

important activity. The notification 

creates an incentive for the generator to 

take all appropriate actions once the 

unit or site is closed and also provides 

notice to EPA and the state to be aware 

of this important activity and to plan for 

a possible inspection to verify clean 

closure has successfully occurred or 

determine if additional closure efforts 

are needed. EPA is currently of the 

opinion that the additional 

environmental benefits accrued from 

requiring both notifications will exceed 

the additional paperwork costs to the 

generator. In conjunction with an LQG 

notifying EPA no later than 90 days after 

closure, EPA is also requesting comment 

on whether, as part of the closure 

notification requirements, LQGs should 

be required to certify that they have 

clean closed or failed to clean close all 

applicable hazardous waste 

accumulation units. This type of 

notification would have the added 

benefit of ensuring EPA knows that an 

LQG performed their due diligence in 

closing and can certify to either clean 

closing or closing as a landfill. 

Because there are no federal 

regulations for closure of a waste 

accumulation unit or site closure by 

SQGs, SQGs are not required to comply 

with the clean closure regulations, as 

well as notify when they close any or all 

waste accumulation units. Unlike LQGs, 

which have no waste accumulation 

limits as long as they remove any 

hazardous waste within 90 days of 

generating it, SQGs do have a waste 

accumulation quantity limitation of 

6,000 kilograms. Given this waste 

accumulation quantity limitation, EPA 

sees no reason at this time to propose 

requiring SQGs to clean close or close 

as a landfill if they cannot clean close. 

However, EPA sees a potential benefit in 

having SQGs notify EPA when SQGs 

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57956 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules 

83http://www.whitehouse.gov/the-press-office/

2013/08/01/executive-order-improving-chemicalfacility-safety-and-security. 

84Note that throughout this section, although we 

are referring to the regulations by their current 

citations, the fact that we are also proposing in most 

cases to reorganize those requirements and copy 

them into the generator requirements in part 262 

means that the revisions discussed in this section 

would not automatically apply to interim status 

TSDFs, as the proposed revisions only apply to the 

version of these regulations that is being proposed 

to be in part 262. 

close to allow the regulatory authority to 

follow-up and ensure that all hazardous 

waste was removed and properly 

managed. Therefore, EPA is requesting 

comment regarding whether SQGs that 

stop accumulating and close any or all 

of their hazardous waste accumulation 

units should notify EPA within 60 days 

after closing. 

Effect of the Proposed Reorganization: 

This section is affected by the proposed 

reorganization. The LQG closure 

regulations would move to 

§ 262.17(a)(8). The reorganization is 

discussed in section XIII of this 

preamble. 

H. Changes to the Preparedness, 

Prevention, and Emergency Procedures 

Provisions (40 CFR 262.34(a)(4) and 

262.34(d)(4) and (5)) 

EPA is proposing a number of 

modifications to the conditions for 

exemption for both SQGs and LQGs 

regarding preparedness, prevention and 

emergency procedures. The conditions 

for SQGs are found at §§ 262.34(d)(4) 

and (5) (which refer to the technical 

standards at 40 CFR part 265 subpart C) 

and the conditions for LQGs are found 

at § 262.34(a)(4) (which refers to the 

technical standards at part 265 subparts 

C and D). 

The proposed revisions are organized 

in this section as follows: (1) Revising 

the scope of the contingency planning 

and emergency procedures regulations; 

(2) revising § 265.37(a) to state that 

when making arrangements with local 

authorities regarding emergency 

procedures, an SQG or LQG must first 

attempt to make emergency 

preparedness and procedures 

agreements with its Local Emergency 

Planning Committee (LEPC), and, if this 

attempt is not successful (or there is no 

LEPC in the area), the generator must 

make an arrangement with its local fire 

department and other emergency 

responders; (3) modifying the 

regulations for contingency plans for 

LQGs in §§ 265.52 and 265.53 to add an 

executive summary to the plan that a 

new LQG would submit to the LEPC and 

to adjust the content of an element of 

the required contingency plan; (4) 

making two revisions to the technical 

standards regarding required equipment 

that are part of the preparedness and 

prevention regulations in part 265 

subpart C that are applicable to both 

SQGs and LQGs; (5) modifying the 

preparedness and prevention provisions 

for SQGs at § 262.34(d)(5) regarding 

posted emergency coordinator 

information and responsibility for 

cleaning up a spill; (6) modifying the 

personnel training provision for LQGs; 

(7) taking comment on what personnel 

should have mandated personnel 

training, and (8) taking comment on 

whether any of these proposed revisions 

would be appropriate for TSDFs in 

addition to generators. 

Recent catastrophic chemical 

accidents in the United States, such as 

the 2013 West, Texas, fire and explosion 

that killed 15 people, the 2010 

explosion and fire at Tesoro Refinery in 

Anacortes, Washington, that killed 

seven employees, and the 2012 Chevron 

Refinery hydrocarbon fire in Richmond, 

California, that affected 15,000 people 

in the surrounding area, highlight the 

need for continued improvement in a 

number of areas related to chemical 

facility safety. To address these 

concerns, the President issued 

Executive Order 13650—Improving 

Chemical Facility Safety and Security 

(EO) on August 1, 2013.83 The EO 

directed the Department of Homeland 

Security, EPA, the Department of Labor, 

the Department of Justice, the 

Department of Agriculture, and the 

Department of Transportation to 

identify ways to improve operational 

coordination with state, local, tribal, 

and territorial partners; enhance federal 

agency coordination and information 

sharing; modernize policies, regulations, 

and standards to enhance safety and 

security in chemical facilities; and work 

with stakeholders to identify best 

practices to reduce safety and security 

risks in the production and storage of 

potentially harmful chemicals. 

One of the key goals the EPA is 

addressing through this effort is 

enhancing and providing additional 

support to State Emergency Response 

Commissions (SERCs) and LEPCs to 

assist them in collecting and analyzing 

the chemical information they receive 

from local facilities and developing 

local emergency response plans to 

mitigate or prevent a devastating 

chemical disaster. Several of the 

proposed requirements are aligned with 

these EO efforts and will assist in 

furthering this goal and with those of 

the EO in general because they update 

the regulations to make them 

compatible with the current 

infrastructure of emergency planning 

and response by referencing LEPCs. 

Additionally, these revisions would 

provide a more usable contingency plan 

to emergency responders en route to a 

time-sensitive emergency at a generator 

of hazardous waste. Before finalizing 

these provisions, EPA will ensure that 

they are aligned with the efforts to 

improve chemical plant safety and 

security under the EO. 

This preamble also discusses how 

EPA might incorporate modern 

technology into the emergency planning 

and procedures regulations for 

generators in order to provide 

information more quickly to emergency 

responders when faced with an event at 

a generator. 

In addition to the changes listed 

above, as part of the reorganization of 

the preamble discussed in section XIII, 

EPA is proposing to copy the 

preparedness and prevention 

regulations for SQGs into § 262.16 and 

to create a new subpart in part 262— 

subpart M—that would contain the 

more extensive preparedness, 

prevention, and emergency procedures 

regulations for LQGs. Copying a version 

of these regulations into part 262 allows 

most of the preparedness, prevention, 

and emergency procedures regulations 

for generators to be easily found without 

accessing part 265 and with minimal 

cross-referencing.84

As part of this reorganization, our 

proposed regulation has replaced the 

word ‘‘facility’’ in the regulations with 

‘‘site’’ because ‘‘facility’’ is defined in 

§ 260.10 as specific to TSDFs. Another 

small revision that we propose because 

of the reorganization of these 

regulations is folding the ‘‘comment’’ in 

§ 265.55 into the body of the 

corresponding proposed regulation at 

§ 262.264. We are proposing this 

because Federal Register style no longer 

permits this kind of comment in new 

regulations. 

1. Areas Subject to Preparedness, 

Contingency Planning, and Emergency 

Procedures Regulations 

The current preparedness and 

emergency procedures regulations do 

not clearly state whether they are 

applicable to the entire generator site or 

only to areas where hazardous waste is 

generated and accumulated on site (or 

where allowable treatment may occur in 

accumulation units) and when 

transported off site for subsequent 

treatment, storage, and disposal. EPA is 

proposing that the regulations for 

preparedness and prevention and for 

contingency planning and emergency 

procedures apply only to those areas of 

a generator’s site where hazardous waste 

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Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules 57957 

85Memorandum from Matt Hale, Director of 

EPA’s Office of Solid Waste, to RCRA Division 

Directors, November 7, 2006, RCRA Online 14758. 

86The regulations implementing the emergency 

planning and notification requirements of EPCRA 

can be found at 40 CFR part 355. 

is generated and accumulated and, 

where applicable, to those areas where 

allowable treatment may occur in 

accumulation units. 

The Agency is proposing to explicitly 

state that the RCRA preparedness and 

emergency procedures regulations are 

limited strictly to areas where 

hazardous waste is generated and 

accumulated. 

The Agency has previously signaled 

that these requirements do not apply to 

the entire generator site. In a November 

7, 2006, letter, EPA stated that the 40 

CFR part 265 regulations for LQGs set 

forth in § 262.34(a)(4) apply to units 

accumulating hazardous wastes. The 

letter states that in order to comply with 

the part 265 requirements referenced in 

§ 262.34(a)(4), LQGs only need to 

address those tanks, containers, drip 

pads, and containment buildings that 

accumulate hazardous wastes and are 

subject to the 90-day generator 

accumulation provision. As an example, 

the letter states that when developing a 

contingency plan, LQGs would only 

need to include those 90-day 

accumulation units involving the on-site 

management of hazardous waste.85

It makes sense to limit the 

applicability of these regulations only to 

these areas because several other 

statutes already address the 

development and implementation of 

contingency plans associated with other 

areas of a generator site, such as the 

storage of chemical materials other than 

hazardous wastes. We also note that 

considerable overlap exists in the 

requirements in the various statutes 

and, since 1997, the federal government 

has encouraged facilities to develop 

integrated contingency plans and has 

provided guidance for doing so in the 

Federal Register. The integrated 

contingency plan is discussed further in 

section VIII.H.3, below. 

The language EPA is proposing to 

change currently appears in §§ 265.30 

and 265.50, though we are proposing to 

move it to a new part 262 subpart M to 

make it specific to generators. EPA 

proposes that subpart M apply only to 

those areas of a large quantity generator 

where hazardous waste is generated and 

accumulated on site in accordance with 

the conditions in § 262.17. This 

proposal includes a parallel change for 

the emergency procedures regulations 

for small quantity generators in 

§ 262.16. 

The Agency requests comment on 

making it explicit in the regulations that 

the preparedness, prevention, and 

emergency procedures regulations apply 

only to those areas of the generator’s site 

where hazardous waste is generated and 

accumulated, and where applicable, 

those areas where allowable treatment 

may occur in accumulation units. 

Effect of Proposed Reorganization: 

This section is affected by the proposed 

reorganization. The proposed revisions 

would appear at § 262.250 in a new 

subpart M of part 262 and would not 

appear in part 265. The reorganization 

is discussed in section XIII of this 

preamble. 

2. Making Arrangements With the Local 

Emergency Planning Committee 

Sections 262.34(a)(4) and (d)(4) set 

forth conditions for LQGs and SQGs that 

accumulate without a permit. Both these 

paragraphs include references to part 

265 subpart C, which contains a 

reference to § 265.37. Section 265.37(a) 

states that ‘‘The owner or operator must 

attempt to make the following 

arrangements, as appropriate for the 

type of waste handled at his facility and 

the potential need for the services of 

these organizations’’ and goes on to list 

the types of local emergency officials 

that should be informed about 

hazardous waste at a facility, such as 

fire departments and emergency 

response teams, and the information the 

generator should provide them. 

The Agency is proposing to revise this 

provision for generators to state that 

SQGs and LQGs must first attempt to 

enter into agreements with their LEPC, 

but if there is no LEPC in the area or if 

the LEPC does not respond or is 

unwilling to enter an agreement, the 

generator must enter into an 

agreement(s) with the local fire 

department and other emergency 

responders. This proposed revision 

would add to the regulations both a 

reference to LEPCs and an explicit 

statement that generators must enter 

into an agreement with emergency 

planning officials, rather than just 

attempt to enter into an agreement. 

a. Local emergency planning 

committees. The Agency is proposing to 

revise regulations that were finalized in 

1980. The national and local 

infrastructure for emergency planning 

and response has changed significantly 

since that time, but these regulations 

have not been updated to reflect those 

changes. The proposed revision to 

specifically name LEPCs in this 

regulation addresses that deficiency. 

The Superfund Amendments and 

Reauthorization Act (SARA) was 

enacted in 1986. Title III of SARA is 

also known as the Emergency Planning 

and Community Right-To-Know Act 

(EPCRA). EPCRA helps increase the 

public’s knowledge and access to 

information regarding chemicals at 

individual facilities, their uses, and 

releases into the environment. States 

and communities, working with 

facilities, can use the information to 

improve chemical safety and protect 

public health and the environment. 

EPCRA requires both small and large 

entities to report chemical information 

to the SERC, the LEPC, the local fire 

department, and tribal nations. 

EPCRA requires LEPCs to prepare a 

comprehensive plan for local 

communities designed to help them 

prepare for and respond to emergencies 

involving extremely hazardous 

substances (EHS). Facilities covered by 

EPCRA planning provisions are required 

to cooperate in emergency plan 

preparation and designate a facility 

emergency coordinator to participate in 

the planning process as well as notify 

their SERC and LEPC within 60 days of 

becoming subject to the emergency 

planning requirements (when an EHS is 

first present at the facility from a 

shipment or production). Additionally, 

as part of the community-right-to-know 

provisions of EPCRA, facilities that have 

hazardous chemicals for which they 

must have or prepare an MSDS or SDS 

and have at or above the threshold 

amount of those chemicals must also 

annually complete and submit an 

Emergency and Hazardous Chemical 

Inventory form (also known as a Tier II) 

to the LEPC, to the SERC, and to the 

local fire department by March 1. These 

facilities must send copies of their 

MSDS, SDS, or a list of hazardous 

chemicals to the LEPC, to the SERC, and 

to the fire department.86

In turn, LEPCs must develop an 

emergency response plan, review it at 

least annually, and provide information 

about chemicals in the community to 

citizens. These plans are developed by 

LEPCs with stakeholder participation. 

There are more than 3,000 designated 

local emergency planning districts, 

although not all of these districts have 

functioning LEPCs. The LEPC 

membership must include (at a 

minimum) elected state and local 

officials; police, fire, civil defense, and 

public health professionals; 

environment, transportation, and 

hospital officials; facility 

representatives; and representatives 

from community groups and the media. 

Although in many areas the LEPCs are 

the main organizing entities for 

emergency response, the RCRA 

hazardous waste regulations do not 

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57958 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules 

87Although much of the discussion of these 

provisions for the purposes of this rule revolves 

around hazardous waste generators, because the 

provisions are located in part 265 for interim status 

hazardous waste TSDFs, they will refer to the 

persons regulated as ‘‘owner or operator’’ and the 

entity being regulated as the ‘‘facility.’’ 

88This condition is being proposed at 

§ 262.16(b)(8)(vi)(A) for SQGs and § 262.256 for 

LQGs due to the proposed reorganization. 

mention them or their role in 

contingency planning. 

The proposed language directly 

references LEPCs, stating that the 

generator must make arrangements with 

the Local Emergency Planning 

Committee for the types and quantities 

of hazardous waste handled at the site.87

This modification merely updates the 

RCRA hazardous waste regulations to 

match the current emergency planning 

landscape. 

Consistent with this proposed 

modification at § 265.37, the Agency is 

also proposing that when the language 

in current § 265.52(c) is copied into part 

262, it state that the plan must describe 

arrangements agreed to with the Local 

Emergency Planning Committee. Should 

there be no Local Emergency Planning 

Committee, should it not respond, or 

should the Local Emergency Planning 

Committee determine that it is not the 

appropriate organization to make 

arrangements with, then the large 

quantity generator must make 

arrangements with its local fire 

department and other relevant 

emergency responders (e.g., police and 

hospitals) to coordinate emergency 

services, pursuant to § 262.256. 

The Agency requests comment on this 

proposal to modify the language in 

§§ 265.37(a) and 265.52(c) when they 

are copied into part 262. 

Effect of Proposed Reorganization: 

These sections are affected by the 

proposed reorganization. The proposed 

regulation would appear in the SQG 

standards at § 262.16(b)(8)(vi) and in the 

new part 262 subpart M for LQGs at 

§ 262.256 for arrangements and 

§ 262.261(c) for the content of the 

contingency plan. The reorganization is 

discussed in section XIII of this 

preamble. 

b. Making required arrangements. The 

other proposed modification to the 

language currently in § 265.37(a) when 

it is copied into part 262 addresses the 

ambiguity of the current language, 

which requires only that the owner or 

operator ‘‘attempt to make’’ 

arrangements with local emergency 

response authorities. 

Section 265.37(a) states that the 

owner or operator must attempt to make 

arrangements with local fire and 

emergency organizations, as appropriate 

for the type of waste handled at the 

facility and the potential need for the 

services of these organizations. 

Paragraph (a)(1) makes clear that these 

arrangements involve familiarizing 

these organizations with the layout of 

the facility, properties of the hazardous 

waste handled at the facility and 

associated hazards, places where facility 

personnel would normally be working, 

entrances to roads inside the facility, 

and possible evacuation routes. Because 

an SQG is not required to submit a 

contingency plan, this language suggests 

that SQGs need only invite local 

officials to visit and familiarize 

themselves with the site as compared to 

LQGs, which are required to develop a 

written contingency plan and provide it 

to local officials. 

Given the importance of emergency 

preparedness and planning, EPA is 

proposing to require that an SQG or an 

LQG must make direct arrangements 

with its LEPC as part of this condition. 

The Agency believes the LEPCs, in turn, 

will work with their local responders to 

integrate the activities of SQGs and 

LQGs into the overall emergency 

response plan. 

Many SQGs and LQGs may already 

have arrangements with their LEPCs 

because most SQGs and LQGs either 

have EHSs that require reporting to the 

LEPC, which triggers EPCRA emergency 

planning requirements, or use chemicals 

that require an SDS, triggering the 

EPCRA community right-to-know 

requirement to report to LEPCs. 

However, in the case that a hazardous 

waste generator does not have a 

relationship with the LEPC, that LEPC 

may view working with non-EPCRA 

facilities as outside the scope of their 

authority. Alternatively, there may be a 

hazardous waste generator in a location 

where there is no organized LEPC. 

Therefore, as part of this regulation, 

EPA proposes to require that an SQG or 

LQG attempt to make formal 

arrangements with its LEPC unless there 

is no LEPC, the LEPC does not respond, 

or the LEPC determines that it is not the 

appropriate organization to make an 

arrangement with. In this case, the SQG 

or LQG would be required to make 

arrangements with its local fire 

department, as well as with other 

relevant emergency responders, such as 

the police department and local 

hospitals. 

The proposed regulatory text for this 

condition would state that the generator 

must make arrangements with the Local 

Emergency Planning Committee for the 

types and quantities of hazardous waste 

handled at the site, as well as the 

potential need for the services of the 

local police department, other 

emergency response teams, emergency 

response contractors, equipment 

suppliers, and local hospitals.88 Should 

there be no Local Emergency Planning 

Committee, should it not respond, or 

should the Local Emergency Planning 

Committee determine that it is not the 

appropriate organization to make 

arrangements with, then the generator 

must make arrangements with the local 

fire department and other relevant 

emergency responders (e.g., police and 

hospitals). 

EPA is also proposing regulatory text 

that describes procedures for how a 

facility that is not able to make 

arrangements with the LEPC would 

make such arrangements with the fire 

department and other local emergency 

services. Much of this language 

corresponds with the existing standards 

for making arrangements with 

emergency responders. These mandated 

steps are not necessary in the case of 

arrangements with the LEPC because 

that group is likely to have standardized 

procedures of its own to follow to make 

these arrangements with facilities. 

The Agency requests comment on its 

proposal to require an SQG or an LQG 

to enter into arrangements with its LEPC 

unless there is no LEPC, the LEPC does 

not respond, or the LEPC determines 

that it is not the appropriate 

organization to make arrangements 

with, in which case the SQG or LQG 

would enter into an arrangement with 

its local emergency responders. 

EPA is also proposing to add new 

language to supplement this condition 

because current § 265.37(a) does not 

specify the frequency that hazardous 

waste generators must make 

arrangements with local authorities. For 

example, should arrangements be 

updated according to a set schedule or 

only when modification is needed. 

Considering that some SQGs and LQGs 

may already coordinate with their 

LEPCs annually as part of their EPCRA 

requirements, the Agency is of the 

opinion that it is not necessary to 

include time frames for updating in this 

rule. The Agency requests comments on 

whether the regulations should mandate 

how frequently a generator must 

communicate with its LEPC or local fire 

department if it has not otherwise 

communicated with them. 

Effect of Proposed Reorganization: 

This section is affected by the proposed 

reorganization. The proposed regulation 

would appear in the SQG standards at 

§ 262.16(b)(8)(vi) and in the new part 

262 subpart M for LQGs at § 262.256. 

The reorganization is discussed in 

section XIII of this preamble. 

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Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules 57959 

89Notes from discussion with Phil Oakes and Jim 

Narva, International Association of Fire Marshalls, 

concerning Contingency Planning and Emergency 

Response Regulations, July 2012. 

c. Documenting arrangements. As 

noted above, the EPA thinks it is 

important for both SQGs and LQGs to 

make arrangements with their LEPCs. In 

addition, EPA believes that 

documentation of these arrangements 

would be useful in ensuring that 

generators have taken the necessary 

steps to prepare for an emergency and 

have a clearly defined plan with the 

LEPC for emergency response. 

Therefore, when EPA copies this 

condition into part 262, EPA is 

proposing to modify the language to 

state that the generator shall maintain 

records documenting the arrangements 

with the Local Emergency Planning 

Committee, or if appropriate, with the 

local fire department as well as any 

other organization necessary to respond 

to an emergency. This documentation 

may include a certified letter or any 

other documentation that confirms such 

arrangements actively exist. 

One alternative suggested as part of 

the 2004 Program Evaluation of the 

hazardous waste generator regulatory 

program would be to require hazardous 

waste generators to list the emergency 

response agencies that have agreed to 

respond in the event of an emergency 

with some documentation confirming 

that the arrangements exist. In addition 

to helping generators prepare for 

emergencies, documentation of these 

arrangements would provide the 

necessary information for inspectors 

when determining compliance. The 

Agency believes this alternative may be 

the most effective approach to 

addressing the ambiguity that exists 

with the existing regulations at 

§ 265.37(b). 

The Agency seeks comment on this 

proposed change to documentation, in 

particular whether local ordinances 

already require generators to have 

documentation of arrangements with 

local emergency response organizations. 

Effect of the Proposed Reorganization: 

This section is affected by the proposed 

reorganization. The proposed regulation 

would appear in the SQG standards at 

§ 262.16(b)(8)(vi) and in the new part 

262 subpart M for LQGs at § 262.256(b). 

The reorganization is discussed in 

section XIII of this preamble. 

d. Request for comment on emergency 

procedures at large facilities with 

internal emergency teams. Many large 

organizations, particularly those that 

operate 24 hours a day, such as airports 

and military bases, have their own 

emergency response capabilities. This 

raises the question of whether and 

under what circumstances arrangements 

with local authorities would not be 

needed to ensure effective emergency 

response. The Agency seeks comment 

on the feasibility of providing a waiver 

from requiring either an SQG or LQG to 

enter into arrangements with an LEPC 

or, if appropriate, other local authorities 

when they have 24-hour on-site 

emergency response capabilities, 

particularly under what circumstances a 

waiver would be granted. 

3. Changes to Contingency Plan 

Regulations for LQGs 

Under § 262.34(a)(4), LQGs are 

required to comply with 40 CFR part 

265 subpart D, §§ 265.50–265.56, which 

describes the regulations on 

contingency planning and emergency 

procedures. These regulations address 

the purpose of the contingency plan, 

what it must contain, who receives 

copies, how to amend the contingency 

plan, and responsibilities of the 

facility’s emergency coordinator and 

emergency procedures. One important 

thing to note is that the owner or 

operator of the facility can develop one 

contingency plan that meets all the 

regulatory standards for the various 

statutory and regulatory provisions for 

contingency planning: 

• EPA’s Oil Pollution Prevention 

Regulation (SPCC and Facility Response 

Plan Requirements) at 40 CFR 112.7(d), 

112.20, and 112.21; 

• EPA’s Risk Management Programs 

Regulation at 40 CFR part 68; 

• EPA’s Resource Conservation and 

Recovery Act Contingency Planning 

Requirements at 40 CFR part 264 

subpart D, 40 CFR part 265 subpart D, 

and 40 CFR 279.52; 

• Department of Interior’s Bureau of 

Safety and Environmental Enforcement 

(BSEE) Facility Response Plan 

Regulation at 30 CFR part 254; 

• Pipeline and Hazardous Materials 

Safety Administration (PHMSA) 

Response Plans for Onshore Oil 

Pipelines at 49 CFR part 194; 

• U.S. Coast Guard’s (USCG) Facility 

Response Plan Regulation at 33 CFR 

part 154 subpart F; 

• OSHA’s Emergency Action Plan 

Regulation at 29 CFR 1910.38(a); 

• OSHA’s Process Safety Standard at 

29 CFR 1910.119; and 

• OSHA’s HAZWOPER Regulation at 

29 CFR 1910.120. 

EPA recommends that generators base 

their contingency plan on the National 

Response Team’s Integrated 

Contingency Plan Guidance (One Plan), 

discussed in the Federal Register on 

June 5, 1996, at 61 FR 28642. 

In this action, EPA is proposing three 

modifications to the contingency 

planning regulations for generators: One 

is meant to improve the ability of 

emergency response teams to respond to 

an emergency at an LQG and the other 

two are technical changes to the content 

of the contingency plan. 

a. Submitting a contingency plan 

executive summary to emergency 

management authorities. The Agency is 

proposing to require that a new LQG, as 

of the effective date of the rule, submit 

an executive summary of its 

contingency plan to the emergency 

management authorities. As part of this 

revision, EPA proposes to change the 

language of the regulation to include 

LEPCs, as discussed above in section 

VIII.H.2. 

The current regulations at § 265.53 

state that a copy of the contingency plan 

must be submitted to all local police 

departments, fire departments, 

hospitals, and state and local emergency 

response teams that may be called upon 

to provide emergency services. 

In discussions with EPA, emergency 

management professionals indicated 

that the length of the facility 

contingency plans prevents first 

responders from being able to fully 

review a facility’s contingency plan 

when responding to an emergency.89

Instead, they need readily available 

information that describes what they 

must confront when they arrive at the 

scene. Once the incident is under 

control, the first responders can then 

review the detailed contingency plan to 

determine their next steps, if applicable. 

Thus, the Agency believes that a shorter 

document, such as an executive 

summary of the contingency plan would 

be more effective for an emergency 

responder when responding to an 

incident at a facility accumulating 

hazardous waste. As currently happens 

in practice, once the incident is under 

control, then the emergency responders 

can review the more detailed 

contingency plan if necessary for longterm responses. 

A review of the information required 

as part of a RCRA contingency plan in 

§ 265.52, as well as information required 

by the local fire department, identified 

certain components that would be 

useful in an executive summary and 

EPA used this information in 

developing this proposed regulation. 

Specifically, the Agency is proposing to 

require that the following information 

be included in an executive summary to 

assist emergency responders in the 

event of an incident: (1) The types/

names of hazardous wastes in layman’s 

terms and the associated hazard 

associated with each waste present at 

any one time (e.g., toxic paint wastes, 

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spent ignitable solvent, corrosive acid); 

(2) the estimated maximum amount of 

each waste that may be present at any 

one time; (3) the identification of any 

hazardous wastes where exposure 

would require a unique or special 

treatment by medical or hospital staff; 

(4) a map of the site showing where 

hazardous wastes are generated and 

accumulated and routes for accessing 

these wastes; (5) a street map of the 

facility in relation to surrounding 

businesses, schools, and residential 

areas to understand how best to get to 

the facility and also evacuate citizens 

and workers; (6) the locations of water 

supply (e.g., fire hydrant and its flow 

rate, drafting locations); (7) the 

identification of on-site notification 

systems (e.g., a fire alarm that rings offsite, smoke alarms); and (8) the name of 

the emergency coordinator and 24/7 

emergency telephone number. 

EPA believes these are the appropriate 

elements for the executive summary but 

is taking comment on them. In addition, 

for identification of the hazardous waste 

under element (1), EPA is taking 

comment on whether providing the 

name of the waste in layman’s terms is 

sufficient for ensuring that first 

responders will be able to identify the 

appropriate actions to take in response. 

A reference to the material in the North 

American Emergency Response Guide, 

where appropriate, would likely reduce 

the time it takes for first responders to 

get the necessary information for 

managing the situation. EPA is 

interested in whether this type of 

reference would be useful to first 

responders and whether generators can 

easily access this information to add to 

their contingency plans. 

EPA is also taking comment on 

whether the executive summary should 

add to element (3) a requirement that 

the generator provide information on 

the medical information for exposure to 

those hazardous wastes that do require 

special treatment. EPA is specifically 

interested in whether this information is 

readily available to the generator to be 

included in the executive summary of 

the contingency plan and whether first 

responders would find this additional 

information useful for responses. 

Under the proposed condition for 

contingency plans at LQGs, EPA is 

proposing that an LQG that becomes 

subject to this rule after the rule’s 

effective date be required to develop 

and submit an executive summary of its 

contingency plan to the LEPC in 

addition to the full contingency plan. 

The Agency is not proposing to require 

that an LQG that has already developed 

and submitted a contingency plan to 

local emergency responders develop an 

executive summary because of the 

additional burden that would be 

imposed on existing LQGs to go back to 

their contingency plans and develop 

this summary. The Agency has 

determined that developing the 

executive summary during the initial 

writing of the contingency plan would 

not be a significant extra step. However, 

we recommend that an LQG that is not 

required to develop an executive 

summary of its contingency plan may 

want to do so and submit that executive 

summary to the LEPC when doing a 

periodic update on its contingency plan 

to ensure that the emergency responders 

have the appropriate information on 

hand in the event of an emergency. 

EPA, therefore, is proposing to modify 

the condition regarding copies of the 

contingency plan to require that a copy 

of the contingency plan and all 

revisions to the plan must be 

maintained at the large quantity 

generator’s site and the large quantity 

generator must submit a copy of the 

contingency plan to the Local 

Emergency Planning Committee. If there 

is no Local Emergency Planning 

Committee, if it does not respond, or if 

the Local Emergency Planning 

Committee determines that it is not the 

appropriate organization to make 

arrangements with, the facility must 

then submit the copy to the local 

emergency responders. 

We are proposing to list in the 

regulations the eight elements described 

above as the most valuable items for 

emergency responders. 

The Agency requests comment on this 

proposed revision. In addition, EPA 

requests comment on whether an 

existing LQG that has already provided 

its full contingency plan should also be 

required to submit an executive 

summary to the LEPC or, if appropriate, 

the fire department or other emergency 

responders. 

The Agency also requests comment on 

whether an SQG should be required to 

develop an executive summary of a 

contingency plan. The major differences 

between the preparedness, prevention, 

and emergency procedures regulations 

applicable to SQGs and those applicable 

to LQGs are the development and 

implementation of a contingency plan 

and more rigorous responsibilities for 

the LQG emergency coordinator. 

Realizing that many SQGs may already 

have developed contingency plans to 

comply with other statutory and 

regulatory requirements, however, many 

of the elements of an executive 

summary may already be available and 

that the only addition would be 

summary information on the types and 

quantities of hazardous waste on site, 

their associated risks, and their location 

within the facility. Therefore, requiring 

SQGs to provide an executive summary 

of a contingency plan to first responders 

could provide information that is 

critical during emergencies with little 

extra effort by the SQGs. 

Effect of Proposed Reorganization: 

This section is affected by the proposed 

reorganization. These proposed 

regulations would appear in the new 

part 262 subpart M for LQGs at 

§§ 262.261 and 262.262. The 

reorganization is discussed in section 

XIII of this preamble. 

b. Eliminating employee personal 

information in LQG contingency plans. 

As stated above, the condition for 

exemption for LQGs at § 262.34(a)(4) 

references part 265 subpart D, which 

includes a list of what the contingency 

plan must contain. The Agency is also 

proposing to modify the language 

currently at § 265.52(d) when it is 

copied into part 262 to now allow an 

LQG the flexibility to eliminate 

unnecessary employee personal 

information that is currently required in 

the contingency plan. This would 

protect those individuals’ privacy, but 

still provide necessary information to 

address emergencies. Section 265.52(d) 

currently states that the plan must list 

names, addresses, and phone numbers 

(office and home) of all persons 

qualified to act as emergency 

coordinator (see § 265.55), and requires 

that this list be kept up to date. It 

specifies that where more than one 

person is listed, one must be named as 

primary emergency coordinator and 

others must be listed in the order in 

which they will assume responsibility 

as alternates. The proposed revision 

would remove the unnecessary 

references to addresses in this language 

and change the reference to home and 

office telephone numbers to ‘‘emergency 

telephone number.’’ 

Also as part of this revision, the 

Agency is proposing revisions to 

address situations where the facility has 

an emergency coordinator on duty 24 

hours every day of the week. In those 

situations, the plan may list the staffed 

position (e.g., operations manager, shift 

coordinator, shift operations 

supervisor), as well as an emergency 

telephone number that can be 

guaranteed to be answered 24 hours a 

day, 7 days a week, 365 days a year. The 

EPA proposes to add language stating 

that in situations where the generator 

site has an emergency coordinator 

continuously on duty because it 

operates 24 hours per day, every day of 

the year, the plan may list the staffed 

position (e.g., operations manager, shift 

coordinator, shift operations supervisor, 

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90Summary of Hazardous Waste Generator 

Regulatory Program Evaluation, November 2004. 

See also public comments in Docket ID No. RCRA– 

2003–0014. 

or some other similar position) as well 

as an emergency telephone number that 

can be guaranteed to be answered at all 

times. 

The Agency requests comment on this 

proposed modification. 

Effect of Proposed Reorganization: 

This section is affected by the proposed 

reorganization. The proposed regulation 

would appear in the new part 262 

subpart M for LQGs at § 262.261(d). The 

reorganization is discussed in section 

XIII of this preamble. 

c. Request for comment to include 

alternative evacuation routes in 

contingency plan (40 CFR 265.52(f)). 

The Agency also requests comment on 

modifying the condition on alternative 

evacuation routes in a contingency plan, 

currently found at § 265.52(f). This 

paragraph currently states that the plan 

must include an evacuation plan for 

facility personnel where there is a 

possibility that evacuation could be 

necessary and that this plan must 

describe signal(s) to be used to begin 

evacuation, evacuation routes, and 

alternate evacuation routes (in cases 

where the primary routes could be 

blocked by releases of hazardous waste 

or fires). 

At issue is whether a contingency 

plan must contain information about 

alternative evacuation routes or whether 

a different approach for addressing 

alternative evacuation routes would be 

more effective. As part of the 2004 

Program Evaluation of the hazardous 

waste generator regulatory program, the 

Agency received a comment stating that 

it does not make sense to include in the 

contingency plan the hundreds of 

possible evacuation routes that may be 

present at a facility depending on its 

configuration. The commenter argued 

that the regulation should be modified 

to require that evacuation routes be 

posted and drills be conducted but that 

the regulations should not require the 

routes to be in the contingency plan.90

The Agency does not believe the 

current regulation requires all potential 

evacuation routes be identified and 

believes emergency responders may 

need this type of information in order to 

determine the most efficient and timely 

approach to reach the facility, which 

raises the question of whether the 

regulation should be modified in this 

way. However, the Agency seeks 

comment on whether the commenter’s 

proposal to require the posting of 

evacuation routes and holding annual 

evacuation training and drills would be 

an effective substitute to maintaining 

alternative evacuation routes in the 

contingency plan. The Agency also 

seeks comment on whether this 

paragraph of the regulations should 

discuss shelter-in-place as part of 

contingency plans. 

Effect of the Proposed Reorganization: 

This section is affected by the proposed 

reorganization. Under the 

reorganization, the proposed regulation 

would appear in the new part 262 

subpart M for LQGs at § 262.261(f). The 

reorganization is discussed in section 

XIII of this preamble. 

d. Request for comment on the 

usefulness of a potential electronic 

RCRA contingency planning 

application. 

The Agency requests comment on 

whether contingency plans should be 

submitted electronically to emergency 

responders to enhance their ability to 

respond safely and effectively to an 

emergency at an LQG and what EPA’s 

role should be in electronic submittals. 

Currently EPA makes numerous 

electronic databases and tools available 

for helping first responders with 

emergency management. These tools 

include CAMEO (Computer-Aided 

Management of Emergency Operations), 

which assists with data management 

requirements under EPCRA, such as the 

required annual submittal of an 

Emergency Hazardous Chemical 

Inventory Form to the LEPC. EPA is 

taking comment on whether an 

additional tool to manage contingency 

plans under RCRA would be a useful 

addition to this software suite and 

whether it would assist LEPCs by 

integrating the contingency plan with 

their existing data on facilities, making 

the information available to the first 

responders in the most usable way. 

Specifically, we request comment on 

the feasibility and effectiveness of 

private sector parties or non-profit or 

governmental entities developing 

software that LQGs could use to provide 

important information to emergency 

responders in responding to an 

emergency. Building on the concept of 

a standard list of information to be 

included in a contingency plan 

executive summary that was discussed 

above, private sector or non-profit 

parties could design electronic software 

to identify the appropriate information 

emergency responders quickly need to 

assess an emergency. In turn, LQGs 

would then input that information into 

the application and provide that 

information to their local LEPC or 

emergency response organization for use 

should an emergency arise. The 

objective would be to allow emergency 

responders to more quickly and 

effectively analyze and respond to 

emergencies rather than having to 

review a lengthy document. 

4. Technical Changes Applicable to 

Both SQGs and LQGs 

The Agency is proposing two 

additional clarifications and 

modifications to the existing 

preparedness, prevention, and 

emergency procedures regulations for 

SQGs and LQGs and is taking comment 

on one more. 

The Agency is proposing revisions 

based on 30 years of experience with 

these rules, feedback from stakeholders 

as part of the Agency’s 2004 Program 

Evaluation of the hazardous waste 

generator regulatory program and 

discussions and communication with 

stakeholders. EPA believes these 

clarifications will foster improved 

compliance without adversely affecting 

the protection of human health and the 

environment. 

a. Proposed technical changes to 

introductory paragraph on required 

equipment. Sections 262.34(a)(4) and 

(d)(4) include the condition that LQGs 

and SQGs comply with part 265 subpart 

C, which includes § 265.32. Section 

265.32 requires that all facilities must be 

equipped with certain types of 

equipment unless none of the hazards 

posed by waste handled at the facility 

could require that particular kind of 

equipment. The paragraph goes on to 

list required equipment such as an 

internal communications system, a 

telephone or radio, fire extinguishers, 

and access to adequate water. The 

existing regulation is not clear as to 

whether the required equipment must 

be placed in those areas of operation 

where hazardous waste is generated and 

accumulated, (or treated, stored and 

disposed in the case of an interim status 

TSDF) or whether other parts of the 

facility could store this equipment—that 

is, where hazardous waste is not 

generated or accumulated. 

The Agency believes it may not 

always be appropriate or safe to have 

this equipment stored in the actual 

waste generation or accumulation area 

and instead, we are proposing that the 

regulation state that the hazardous 

waste generator should have this 

equipment located where it can be 

immediately accessed without 

jeopardizing a timely and effective 

response to any emergency. For 

example, the waste generation area may 

be in an enclosed room. Should a fire 

occur in the enclosed room, it might be 

more appropriate to exit the room and 

call the fire department rather than stay 

inside and be exposed to smoke 

inhalation and other risks. EPA believes 

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91Summary of Hazardous Waste Generator 

Regulatory Program Evaluation, November 2004. 

See also public comments in Docket ID No. RCRA– 

2003–0014. 

92Letter to Jim O’Leary from Derek Swick, 

American Petroleum Institute, September 28, 2011. 

the existing regulatory text should be 

revised to explain that while this 

equipment applies to only those areas 

applicable to the generation and 

accumulation (and treatment, as 

appropriate) of hazardous waste, the 

generator has the flexibility to store this 

equipment in other areas of the facility 

to address those situations where it is 

infeasible or inappropriate for safety 

reasons to have the equipment 

immediately next to hazardous waste 

generation and accumulation areas. 

Therefore, EPA is proposing to modify 

the introductory paragraph to provide 

generators subject to subpart C of part 

265 the flexibility to determine the most 

appropriate locations within the facility 

to locate equipment necessary to 

prepare for and respond to emergencies. 

The proposed regulation would state 

that all areas where hazardous waste is 

either generated or accumulated must be 

equipped with the listed types of 

equipment (unless none of the hazards 

posed by waste handled at the site could 

require a particular kind of equipment 

or the actual waste generation or 

accumulation area does not lend itself 

for safety reasons to have a particular 

kind of equipment). It would also state 

that a generator may determine the most 

appropriate locations within its 

generator site to locate equipment 

necessary to prepare for and respond to 

emergencies. 

The Agency requests comment on its 

proposal to modify § 265.32. 

Effect of the Proposed Reorganization: 

This section is affected by the proposed 

reorganization. The proposed regulation 

would appear in the SQG standards at 

§ 262.16(b)(8)(ii) with some changes to 

make it specific to SQGs and in the new 

part 262 subpart M for LQGs at 

§ 262.252. The reorganization is 

discussed in section XIII of this 

preamble. 

b. The meaning of ‘‘immediate 

access.’’ Sections 262.34(a)(4) and (d)(4) 

include the condition that LQGs and 

SQGs comply with part 265 subpart C, 

which also includes § 265.34. Section 

265.34(a) states that whenever 

hazardous waste is being poured, 

mixed, spread, or otherwise handled, all 

personnel involved in the operation 

must have immediate access to an 

internal alarm or emergency 

communication device, either directly 

or through visual or voice contact with 

another employee, unless such a device 

is not required under § 265.32. At issue 

is whether the phrase ‘‘immediate 

access’’ is clearly understood or whether 

additional clarity is necessary. As part 

of the Agency’s 2004 Program 

Evaluation of the hazardous waste 

generator program, stakeholders raised a 

concern about whether the regulated 

community has a sufficient 

understanding about what this phrase 

means and we are proposing to address 

that concern here. 

In the interest of clarity, the Agency 

is proposing to modify this language to 

read, ‘‘immediate access (e.g., direct or 

unimpeded access).’’ The Agency 

believes that adding this parenthetical 

example provides further guidance on 

the meaning of ‘‘immediate access.’’ 

This phrase is used again in the next 

paragraph in a similar context and EPA 

is proposing to add the words ‘‘(direct 

or unimpeded access)’’ in that case as 

well. 

The Agency requests comment on the 

usefulness of modifying this language. 

Effect of the Proposed Reorganization: 

This section is affected by the proposed 

reorganization. The proposed regulation 

would appear in the SQG standards at 

§ 262.16(b)(8)(iv) and in the new part 

262 subpart M for LQGs at § 262.254. 

The reorganization is discussed in 

section XIII of this preamble. 

5. Technical Changes Applicable to 

SQGs 

Current preparedness and prevention 

standards for SQGs are found at 

§ 262.34(d)(5). SQGs must comply with 

the following: 

• § 262.34(d)(5)(i)—have at least one 

employee either on the premises or on 

call with the responsibility for 

coordinating all emergency response 

measures (e.g., the emergency 

coordinator); 

• § 262.34(d)(5)(ii)—post specified 

information next to the telephone, 

including the name and telephone 

number of the emergency coordinator; 

the location of fire extinguishers and 

spill control material, and, if present, 

fire alarm; and the telephone number of 

the fire department, unless the facility 

has a direct alarm; 

• § 262.34(d)(5)(iii)— ensure that all 

employees are thoroughly familiar with 

proper waste handling and emergency 

procedures, relevant to their 

responsibilities during normal facility 

operations and emergencies; and 

• § 262.34(d)(5)(iv)— have the 

emergency coordinator or his designee 

follow the specified procedures in the 

event of a fire, spill, or explosion. 

EPA is proposing changes to two of 

these provisions. 

a. Require certain information be 

posted ‘‘next to the telephone’’ (40 CFR 

262.34(d)(5)(ii)). The Agency is 

proposing to revise § 262.34(d)(5)(ii) in 

order to facilitate improved compliance 

on the part of SQGs. This language 

requires, among other items, that certain 

information be posted ‘‘next to the 

telephone,’’ such as the name and 

telephone number of the emergency 

coordinator and the location of fire 

extinguishers and spill control material. 

Based on experience and feedback 

received from the regulatory 

community, the Agency believes it is 

unclear in this description where in the 

facility this information should be 

posted. A facility may have many 

operations and components that have no 

relationship with the generation and 

accumulation of hazardous waste. 

Stakeholders have recommended 

deletion of § 262.34(d)(5)(ii) because, in 

this age of near-universal 911 

availability, they state it is simply not 

important from a regulatory point of 

view to have emergency telephone 

numbers posted. They argue that 

locations of fire extinguishers, spill 

control material, fire alarms, etc., should 

be conveyed to relevant employees and 

displayed in a worker break area rather 

than the facility office and that posting 

the name and telephone number of the 

emergency coordinator is also not 

necessary. For the majority of the SQG 

universe, the emergency coordinator is 

the owner or shop supervisor.91

EPA disagrees with eliminating this 

provision because we believe that 

posting this information is important for 

workers and others to have readily 

available information so that they would 

know what to do and where to go in the 

case of an emergency. However, the 

Agency believes that the regulation 

should be modified to state clearly that 

the pertinent information should be 

posted where hazardous waste is 

generated and accumulated, since 

facility personnel can quickly seek 

assistance from it there. 

Also unstated is whether the 

telephone number refers to the 

emergency coordinator’s home phone or 

business phone. Over the years the 

Agency has received requests that we 

modify this provision to ensure that 

personal information not be used or 

distributed, particularly to individuals 

or organizations that could use such 

information to cause harm to the 

individual.92 With cell phones and 

other means of instant communication 

now prevalent, EPA is proposing to 

clarify this provision to provide the 

hazardous waste generator with the 

necessary flexibility to allow its 

emergency coordinator to perform 

specified responsibilities effectively 

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93Summary of Hazardous Waste Generator 

Regulatory Program Evaluation, November 2004. 

See also public comments in Docket ID No. RCRA– 

2003–0014. 

94Correspondence between Steve Simoes, State of 

Vermont, with Ross Bunnell and Bill Yeman, from 

Connecticut and New York, respectively, a copy of 

which is found in the docket to this proposal. 

95Memorandum from Robert Springer, Director of 

the Office of Solid Waste to RCRA Directors, EPA 

Regions 1–10, ‘‘Frequently Asked Questions about 

Satellite Accumulation Areas,’’ March 17, 2004, 

RCRA Online 14703 http://yosemite.epa.gov/osw/ 

Continued 

using the emergency telephone number 

of the emergency coordinator. 

Therefore, EPA is proposing that 

§ 262.34(d)(5)(ii) be modified to state 

that the small quantity generator must 

post the name and emergency telephone 

number of the emergency coordinator 

next to telephones or in areas directly 

involved in the generation and 

accumulation of hazardous waste. 

Section 262.34(d)(5)(ii)(B) and (C) are 

unchanged. 

EPA requests comment on this 

proposed change. 

Effect of the Reorganization: This 

section is affected by the reorganization 

and would move to § 262.16(b)(9)(ii)(A). 

The reorganization is discussed in 

section XIII of this preamble. 

b. Allow containment and cleanup to 

be conducted by a contractor (40 CFR 

262.34(d)(5)(iv)(B)). Section 

262.34(d)(5)(iv)(B) currently reads, ‘‘In 

the event of a spill, contain the flow of 

hazardous waste to the extent possible, 

and as soon as is practicable, clean up 

the hazardous waste and any 

contaminated materials or soil.’’ If such 

a spill were considered an emergency 

under OSHA’s regulations in 29 CFR 

1910.120, an SQG would be required to 

take a minimum of eight hours of initial 

training with an annual refresher, and in 

certain circumstances additional hours 

of training. Feedback from stakeholders 

suggests that most SQGs would hire a 

spill cleanup contractor to provide such 

services, if needed, rather than train 

employees to perform the response. We 

would agree that allowing an SQG to 

hire a contractor that is trained to 

address hazardous waste spills would 

certainly be appropriate. However, the 

regulations in § 262.34(d)(5)(iv)(B) 

arguably do not provide this 

flexibility.93

Therefore, the Agency is proposing to 

modify § 262.34(d)(5)(iv)(B) and place 

the responsibility on the SQG to either 

perform the necessary cleanup of 

hazardous wastes or contract out the 

cleanup. The proposed language would 

state that in the event of a spill, the 

small quantity generator is responsible 

for containing the flow of hazardous 

waste to the extent possible, and as soon 

as is practicable, cleaning up the 

hazardous waste and any contaminated 

materials or soil. The proposal would 

allow such containment and cleanup to 

be conducted either by the small 

quantity generator or by a contractor on 

behalf of the small quantity generator. 

The Agency requests comment on the 

proposed revision to 

§ 262.34(d)(5)(iv)(B) and whether any 

unintended consequences arise from 

providing SQGs with this flexibility. 

Effect of the Proposed Reorganization: 

This section is affected by the proposed 

reorganization and would move to 

§ 262.16(b)(9)(iv)(B). The reorganization 

is discussed in section XIII of this 

preamble. 

6. Technical Changes on Personnel 

Training Applicable to LQGs 

The Agency is proposing to modify 

the condition regarding personnel 

training for LQGs, currently found at 

§ 262.34(a)(4), which refers to § 265.16. 

The proposed modification would allow 

a generator to use online computer 

training, in addition to classroom 

instruction and on-the-job training, to 

complete the personnel training 

requirements. Since the personnel 

training regulations were promulgated 

in the 1980s, use of computerized 

training has become a common practice 

for generators to teach their workers 

about the management of hazardous 

waste. In fact, many generators already 

use this method for training workers 

and this modification would simply 

bring the hazardous waste personnel 

training regulations up to date with 

existing industry practices. 

The proposal would modify the first 

sentence of this provision by adding the 

words ‘‘online training’’ and would state 

that site personnel must successfully 

complete a program of classroom 

instruction, online training, or on-thejob training that teaches them to 

perform their duties in a way that 

ensures compliance with this part. 

The Agency requests comment on the 

proposed modification. 

Effect of the Proposed Reorganization: 

This section would be affected by the 

proposed reorganization. Under the 

reorganization this provision would be 

found at § 262.17(a)(7)(i)(A). The 

proposed reorganization is discussed in 

section XIII of this preamble. 

7. Taking Comment on Applicability of 

Personnel Training 

The Agency seeks comment on 

clarifying what positions within an LQG 

must be responsible for receiving 

training associated with the 

management of hazardous waste, as well 

as identifying those positions for which 

a written job description is necessary. 

Under the current regulations, LQGs are 

responsible for complying with 

§ 262.34(a)(4), which references, among 

other technical requirements, the 

personnel training provisions in 

§ 265.16. Under the proposed 

reorganization discussed in section XIII, 

this condition for LQGs would move 

into 40 CFR 262.17. 

The current regulations are not 

specific about which personnel at an 

LQG must complete the hazardous 

waste training. Other than stating that 

under § 265.16(a)(3) personnel must be 

able to respond effectively to 

emergencies by familiarizing them with 

emergency procedures, emergency 

equipment, and emergency systems, no 

other areas of hazardous waste 

management are cited. 

At issue is the scope of these training 

standards and the applicability of the 

training provision to employees that are 

not assigned to work in the 90-day 

accumulation areas. The Agency is 

considering whether to require training 

and a written job description for specific 

types of employees working in areas of 

hazardous waste management related to 

90-day accumulation areas. This 

clarification would have the benefit of 

assisting LQGs in determining more 

readily the scope of their hazardous 

waste training program. 

The Agency, with the assistance of 

staff from the states of Vermont, 

Connecticut and New York,94 have 

identified the following areas of 

hazardous waste management for which 

personnel training and a written job 

description should be required: Anyone 

who (1) completes and/or signs the 

hazardous waste manifest, (2) manages 

hazardous waste in areas where 

hazardous wastes are accumulated, (3) 

maintains hazardous waste inventory, 

(4) conducts daily or weekly inspections 

of areas where hazardous wastes are 

accumulated, and (5) plans or responds 

to emergencies that involve hazardous 

wastes. 

The Agency seeks comment on 

whether the regulations should 

specifically identify positions at LQGs 

where hazardous waste training would 

be required and for which a written job 

description is necessary and what those 

areas should be. In addition, the Agency 

seeks comment on whether personnel 

involved in handling or managing 

hazardous wastes in SAAs should be 

required to undergo hazardous waste 

training. Current Agency guidance 

excludes staff working in satellite 

accumulation areas from the training 

requirements.95 The Agency is of the 

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rcra.nsf/0c994248c239947e85256d090071175f/ 

0ac9e15424b2897d8525770600609793!Open

Document. 96See Comment in § 265.177. 

opinion that such personnel have a 

similar need to know the risks 

associated with hazardous wastes as 

personnel working in central 

accumulation areas. 

8. Taking Comment on Applying 

Emergency Planning and Procedures 

Revisions to Parts 264 and 265 

The proposed revisions discussed 

throughout this section of the preamble 

on the emergency planning and 

procedure regulations would only 

pertain to generators, as the proposed 

language would be found in the 

expanded generator regulations in part 

262. However because many of the 

preparedness and emergency procedure 

provisions discussed in this section are 

taken from part 265 with only slight 

revisions, we are taking comment on 

whether these same proposed revisions 

should also be made in the applicable 

paragraphs of parts 264 and/or 265 as 

well to ensure consistency between the 

generator regulations and those for 

permitted facilities or facilities 

operating under interim status. The 

Agency requests comment on whether 

these revisions for consistency would be 

helpful and appropriate for facilities 

operating under part 264 or part 265 or 

whether the regulations should remain 

unchanged despite the result that 

generators and TSDFs would be left 

with some regulations that are very 

similar but not exactly the same. 

I. Revisions to Satellite Accumulation 

Area Regulations for SQGs and LQGs 

(40 CFR 262.34(c)) 

The Agency is proposing a number of 

changes that would revise and 

strengthen the conditions for exemption 

for satellite accumulation areas (SAA) at 

§ 262.34(c). These include (1) requiring 

SQGs and LQGs accumulating 

hazardous waste in SAAs to comply 

with the special requirements for 

incompatible wastes found at § 265.177; 

(2) providing limited exceptions to the 

regulation requiring generators to keep 

containers closed at all times; (3) 

strengthening the marking and labeling 

standards for SAAs (note these marking 

and labeling changes are the same as 

those proposed for containers in central 

accumulation areas); (4) confirming that 

three days means three consecutive 

calendar days, not business days; (5) 

providing a maximum weight for the 

accumulation of acute hazardous waste 

in SAAs in addition to a volume; (6) 

rewording the regulations for when the 

maximum volume or weight is exceeded 

in an SAA; (7) rescinding a guidance 

memo regarding the accumulation of 

reactive (D003) hazardous waste away 

from the point of generation; and (8) 

providing examples in the preamble to 

help generators better understand the 

term ‘‘under the control of the 

operator,’’ which is used in the SAA 

regulations. 

In addition to these proposed 

changes, the SAA regulations would be 

moved as part of the proposed 

reorganization. These regulations would 

all be found together in § 262.15. The 

reorganization is discussed in section 

XIII of this preamble. 

Using an SAA is not required of 

hazardous waste generators, but the 

regulations allowing them and setting 

the conditions for their use are designed 

to assist generators who generate and 

accumulate small amounts of hazardous 

waste in different parts of their 

facilities. SQGs and LQGs, however, 

may choose to accumulate hazardous 

waste only in central accumulation 

areas (CAAs) rather than SAAs or they 

may accumulate up to 55 gallons of nonacute hazardous waste and/or one quart 

of acute hazardous waste within each 

facility’s SAAs and once that threshold 

has occurred, ship the hazardous waste 

to a designated facility. A generator may 

also accumulate hazardous waste within 

an SAA(s) and never move the waste to 

a CAA once the 55 gallons limit is 

reached, but instead, ship the waste 

directly to a RCRA designated facility. 

1. Requiring SQGs and LQGs to Comply 

with the Special Requirements for 

Incompatible Wastes for Containers 

Accumulating Hazardous Wastes in 

SAAs 

Under the current regulations in 

§ 262.34(c)(1)(i), generators 

accumulating hazardous waste in SAAs 

must meet the conditions for exemption, 

including complying with the container 

requirements at §§ 265.171, 265.172, 

and 265.173(a). These container 

requirements include accumulating 

hazardous waste in containers of good 

condition, ensuring the waste is 

compatible with, or will not react with, 

the contents of the container, and 

ensuring that the container 

accumulating hazardous waste is closed, 

except when it is necessary to add or 

remove waste. We are proposing to 

modify this part of the SAA container 

management standards by requiring that 

hazardous wastes not be mixed or be 

placed in the same container with other 

hazardous waste that are incompatible 

and could potentially result in fires, 

explosions, gaseous emissions, leaching, 

or other discharge of hazardous waste or 

hazardous waste constituents.96

The Agency believes that in 

developing the regulations for SAAs, it 

inadvertently failed to account for the 

potential for accumulating incompatible 

wastes, especially since the current 

regulations already prohibit placing 

hazardous waste in containers that it 

may react with and that impair the 

containers ability to contain the 

hazardous waste. Therefore, the Agency 

is proposing that SQGs and LQGs 

accumulating hazardous waste in SAAs 

also comply with the part 265 subpart 

I container management standards for 

incompatible hazardous wastes at 

§ 265.177. The Agency believes most 

generators already are aware of and 

comply with this best management 

practice at their SAAs since they must 

comply with this regulation when they 

move the SAA container(s) into a 90-day 

or 180-day central accumulation area. 

The Agency requests comment on this 

proposed modification. 

Effect of the Proposed Reorganization: 

This section is affected by the proposed 

reorganization. The SAA regulations are 

currently at § 262.34(c). We are 

proposing to move this provision to 

§ 262.15(a)(1)(iii). The reorganization is 

discussed in section XIII of this 

preamble. 

2. Limited Exceptions to Keeping 

Containers Closed at all Times in SAAs 

As noted in the previous section, the 

current regulation in § 262.34(c)(1)(i) for 

generators accumulating hazardous 

waste in SAAs requires containers 

accumulating hazardous waste to be 

kept closed, except when it is necessary 

to add or remove waste. The SAA 

regulations reference the requirement in 

§ 265.173(a) that containers be closed 

while accumulating hazardous wastes at 

interim status treatment, storage and 

disposal facilities. We are proposing to 

modify this provision from 

§ 262.34(c)(1)(i) in the new section for 

SAA conditions at § 262.15, but only as 

it pertains to SAAs; it will not affect the 

requirements for container management 

at interim status treatment, storage and 

disposal facilities. Because this 

modification is only meant to apply to 

containers accumulating hazardous 

waste in SAAs, and not to containers 

being stored at interim status treatment, 

storage, or disposal facilities, we are 

proposing to modify this requirement by 

eliminating the reference in the SAA 

regulations in part 262 to the container 

management standards for interim 

status treatment, storage or disposal 

facilities at § 265.173(a) and 

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Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules 57965 

97Memorandum from Robert Springer, Director of 

EPA’s Office of Solid Waste, to RCRA Regional 

Directors, ‘‘Frequently Asked Questions About 

Satellite Accumulation Areas,’’ March 17, 2004, 

RCRA Online 14703. 

98Proposed rule: January 3, 1983 48 FR 118; Final 

rule: December 20, 1984; 49 FR 49569. 

incorporating the closed container 

provision directly into the SAA 

regulations in § 262.15, under the 

proposed reorganization. 

Specifically, we are proposing to 

modify the standard in order to allow 

containers of hazardous waste in SAAs 

to remain open under limited 

circumstances. Specifically, we are 

proposing that containers of hazardous 

waste in SAAs may be open when it is 

necessary either for the operation of 

equipment to which the SAA container 

is attached or to prevent dangerous 

situations, such as the build-up of 

extreme pressure or heat because 

closing a container can be more 

dangerous than keeping it open 

temporarily in those situations. 

Stakeholders have identified situations 

where keeping SAA containers closed 

can interfere with the operation of 

equipment when the container is 

attached directly to the equipment via 

piping or tubing. Stakeholders have also 

identified situations in which closing a 

container can be more dangerous than 

keeping it open temporarily; for 

example, when the hazardous waste is 

very hot. 

Therefore, EPA is proposing to modify 

the regulations to allow containers to be 

vented in such situations. However, we 

are also proposing that when the danger 

passes (e.g., the contents cool), then the 

requirement to keep the container 

closed applies and when the equipment 

is not in operation, the requirement to 

keep the container closed applies. 

As noted above, the flexibility 

proposed for containers to remain open 

in specific situations applies only to 

containers in SAAs since that is where 

hazardous waste initially accumulates. 

The Agency does not anticipate that it 

is necessary to extend this flexibility to 

containers of hazardous waste in central 

accumulation areas. 

The Agency requests comment on this 

proposed modification. 

Effect of the Proposed Reorganization: 

This section is affected by the proposed 

reorganization. The SAA regulations are 

currently at § 262.34(c). We are 

proposing to move this provision to 

§ 262.15(a)(1)(iv). The reorganization is 

discussed in section XIII of this 

preamble. 

3. Strengthening the Marking and 

Labeling Provisions for Containers in 

SAAs 

Currently, the regulations for SAAs in 

§ 262.34(c)(1)(ii) require a generator to 

mark ‘‘his containers either with the 

words ‘Hazardous Waste’ or with other 

words that identify the contents of the 

containers’’ [emphasis added]. The 

Agency is proposing two modifications 

that would strengthen the labeling and 

marking regulations for containers 

accumulating hazardous waste in SAAs. 

First, EPA is proposing to change the 

‘‘or’’ to an ‘‘and’’ and thus require that 

generators mark containers in the SAA 

with both the words ‘‘Hazardous Waste’’ 

and other words to identify the contents 

of the container that are accumulated in 

SAAs. 

Second, EPA is proposing that 

generators also indicate the hazards of 

the contents of the containers. EPA 

believes these proposed changes will 

alert workers, emergency responders, 

and others to the potential hazards 

posed by its contents. Identifying the 

hazard increases awareness to workers 

and others who might come into contact 

with the hazardous waste container and 

reduces potential risks to human health 

and the environment from container 

mismanagement. As discussed 

previously in section VIII.E, these 

changes are similar to those proposed 

for containers stored in central 

accumulation areas. 

Specifically, EPA is proposing to 

modify the marking and labeling 

regulations for SAAs to require LQGs 

and SQGs to mark containers with the 

following: (1) The words ‘‘Hazardous 

Waste’’; (2) other words that identify the 

contents of the containers. Examples 

may include, but are not limited to the 

name of the chemical(s), such as 

‘‘acetone’’ or ‘‘methylene dichloride,’’ or 

the type or class of chemical, such as 

‘‘organic solvents’’ or ‘‘halogenated 

organic solvents’’ or, as applicable, the 

proper shipping name and technical 

name markings used to comply with 

DOT requirements at 49 CFR part 172 

subpart D; and (3) an indication of the 

hazards of the contents of the container. 

Examples of hazards include, but are 

not limited to, the applicable hazardous 

waste characteristic(s) (i.e., ignitable, 

corrosive, reactive, toxic); a hazard class 

label consistent with the DOT 

requirements at 49 CFR 172 part 172 

subpart E (labeling); a label consistent 

with the OSHA Hazard Communication 

Standard at 29 CFR 1920.1200; a 

chemical hazard label consistent with 

the NFPA code 704; or a hazard 

pictogram consistent with the United 

Nations’ GHS. Generators also may use 

any other marking and labeling 

commonly used nationwide in 

commerce that would alert workers and 

emergency responders to the nature of 

the hazards associated with the contents 

of the containers. 

The pre-transport requirements of part 

262 subpart C already require hazardous 

waste generators to comply with the 

DOT labeling/marking requirements of 

49 CFR part 172. By requiring generators 

to include other words that identify the 

contents of the containers, the Agency is 

proposing that generators perform a task 

that is already required when preparing 

the container prior to transporting the 

hazardous waste off site for subsequent 

waste management. In addition, the 

Agency is proposing to modify the 

marking and labeling of containers prior 

to shipping the hazardous waste. We are 

proposing that SQGs and LQGs can use 

the DOT hazard class labels to comply 

with the new labeling and marking 

regulation for containers in SAA. 

Alternatively, they may choose another 

method to indicate the hazards of the 

container that suits them better, as 

noted above. 

The Agency requests comment on 

these proposed changes. 

Effect of the Proposed Reorganization: 

This section is affected by the proposed 

reorganization. The SAA regulations are 

currently at § 262.34(c). We are 

proposing to move this provision to 

§ 262.15(a)(1)(v). The reorganization is 

discussed in section XIII of this 

preamble. 

4. Clarify What Is Meant by ‘‘Three 

Days’’ 

The current regulations at 

§ 262.34(c)(2) state that a generator who 

accumulates either hazardous waste or 

acutely hazardous waste must, with 

respect to that amount of excess waste, 

comply ‘‘within three days’’ with 

paragraph (a) of that section or other 

applicable provisions of the chapter. 

The Agency is proposing to state in the 

regulations that the term ‘‘three days’’ 

means three consecutive calendar days, 

not three business days or three working 

days. The Agency has already clarified 

this term in a memo, which was based 

on preamble discussions from the 

proposed and final SAA regulations.97 98

As stated in the memo, ‘‘Originally, the 

Agency had proposed to use 72 hours as 

the time limit but realized that 

determining when 72 hours had elapsed 

would have required placing both the 

date and time of day on containers. In 

the final rule the Agency switched to 

using three days so that generators only 

need to date containers that hold the 

excess of 55 gallons of non-acute 

hazardous waste (or 1 quart of acute 

hazardous waste).’’ 

The Agency requests comment on this 

codification of an existing 

interpretation. 

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57966 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules 

99 December 20, 1984; 49 FR 49569–70. 

100Letter from Marcia E. Williams, Director of 

EPA’s Office of Solid Waste, to Michael E. Young, 

Atlantic Research Corporation, January 13, 1988, 

RCRA Online 11317. 

Effect of the Proposed Reorganization: 

This section is affected by the proposed 

reorganization. The SAA regulations are 

currently at § 262.34(c). We are 

proposing to move this provision to 

§ 262.15(a)(2)(i). The reorganization is 

discussed in section XIII of this 

preamble. 

5. Providing a Maximum Weight for the 

Accumulation of Acute Hazardous 

Waste in Containers at SAAs 

Currently, the regulations at 

§ 262.34(c)(1) impose maximum 

volumes of hazardous waste that may be 

accumulated in an SAA without 

requiring a permit, complying with 

interim status standards, or complying 

with the generator accumulation 

standards. For non-acute hazardous 

waste, the maximum volume is 55 

gallons. For acute hazardous waste, the 

maximum volume is 1 quart. When the 

SAA regulations were finalized, EPA 

explained that 55 gallons was selected 

for non-acute hazardous waste in part 

because it is the size of the most 

commonly used accumulation 

container.99 EPA also explained that 1 

quart was chosen for acute hazardous 

waste because it is the volumetric 

equivalent to 1 kilogram of acute 

hazardous waste used elsewhere in the 

regulations and commenters expressed 

opposition to using a weight measure. 

Since then, however, stakeholders have 

indicated that the 1-quart volume 

maximum is not a practical way to 

measure the accumulation of some 

wastes, particularly non-liquid acute 

hazardous wastes. Therefore, we are 

proposing to add a weight measurement 

to the SAA regulations for the maximum 

accumulation of acute hazardous 

wastes. Specifically, we are proposing 

that 1 quart or 1 kilogram (2.2 pounds) 

of acute hazardous waste may be 

accumulated in an SAA. Generators that 

accumulate acute hazardous waste in 

SAAs will have the choice of whether 

to use 1 quart or 1 kilogram, but they 

will be required to identify which 

metric they choose to use. 

We are not proposing to add a similar 

weight equivalent to the 55-gallon 

threshold for non-acute hazardous waste 

since stakeholders have not expressed a 

similar need. However, we request 

comment on whether it would be useful 

to have a maximum weight for the 

accumulation of non-acute hazardous 

waste in SAAs. 

Effect of the Proposed Reorganization: 

This section is affected by the proposed 

reorganization. The SAA regulations are 

currently at § 262.34(c). We are 

proposing to move this provision to 

§ 262.15(a)(1). The reorganization is 

discussed in section XIII of this 

preamble. 

6. Modifying the Language for When the 

Maximum Volume or Weight Is 

Exceeded in an SAA 

Currently, the regulation at 

§ 262.34(c)(2) states that when the 

maximum volumes are exceeded in an 

SAA, a generator ‘‘must, with respect to 

that amount of excess waste, comply 

within three days with paragraph (a) of 

this section or other applicable 

provisions of this chapter.’’ The Agency 

is rewording this regulation in order to 

more clearly state the generator’s 

options for managing the materials that 

exceed the limit. The proposed 

regulatory text states that a generator 

who accumulates either non-acute 

hazardous waste or acute hazardous 

waste listed in § 261.31 or § 261.33(e) in 

excess of the amounts listed in 

paragraph (a)(1) of this section at or near 

any point of generation must remove the 

excess from the satellite accumulation 

area within three calendar days either to 

a central accumulation area, an on-site 

interim status or permitted treatment, 

storage, or disposal facility, or an off-site 

designated facility. Similarly, during the 

three-calendar-day period the generator 

must continue to comply with 

paragraphs (a)(1)(i) through (iv) of this 

section and must mark the container(s) 

holding the excess accumulation of 

hazardous waste with the date the 

excess amount began accumulating. 

The Agency does not view this as a 

substantive change to the SAA 

regulations. Nevertheless, the Agency 

solicits comments on this proposed 

change. 

Effect of the Proposed Reorganization: 

This section is affected by the proposed 

reorganization. The SAA regulations are 

currently at § 262.34(c). We are 

proposing to move this provision to 

§ 262.15(a)(6). The reorganization is 

discussed in section XIII of this 

preamble. 

7. Rescinding a Memo Regarding 

Accumulating Reactive Hazardous 

Waste Away From the Point of 

Generation 

In a memo dated January 13, 1988, 

EPA wrote that a storage shed that is 

outside of a building where a reactive 

hazardous waste (D003) is initially 

generated, could be considered an 

SAA.100 EPA is proposing to revoke this 

interpretation. EPA acknowledges that 

in some instances it is safer to 

accumulate hazardous waste away from 

the initial point of generation, such as 

with hazardous wastes that are 

explosive. However, because SAAs are 

subject to less stringent conditions than 

CAAs, EPA believes it is not appropriate 

for such dangerous hazardous wastes to 

be stored in SAAs. Rather, EPA believes 

that if a generator accumulates 

hazardous waste that is so dangerous it 

needs to be accumulated away from the 

point of generation, it should be 

accumulated under the more rigorous 

accumulation standards for central 

accumulation areas. 

The Agency requests comment on 

proposing to revoke this interpretation 

of the SAA regulations. 

8. Examples of the Meaning of ‘‘Under 

the Control of the Operator’’ 

The SAA regulation at § 262.34(c)(1) 

uses the term ‘‘under the control of the 

operator.’’ EPA has not defined this 

term in the regulations, nor have we 

discussed it in preamble or guidance 

letters. However, over the years, the 

Agency has received inquiries about 

what constitutes ‘‘under the control of 

the operator.’’ In an effort to assist 

generators to better understand this term 

and to foster improved compliance with 

the SAA provisions, the Agency is 

providing examples in this preamble of 

what constitutes ‘‘under the control of 

the operator.’’ For example, EPA would 

consider waste to be ‘‘under the control 

of the operator’’ if the operator 

controlled access to an area, building, or 

room that the SAA is in, such as with 

entry by access card, key or lock box. 

Another example would be if the 

operator accumulates waste in a locked 

cabinet and controlled access to the key, 

even if the cabinet is stored inside a 

room to which access is not controlled. 

The Agency requests comment on 

additional practices that would 

constitute ‘‘under the control of the 

operator.’’ 

J. SQGs Accumulating Hazardous Waste 

on Drip Pads and in Containment 

Buildings (40 CFR 262.34(d)) 

EPA is proposing to modify the 

regulations at § 262.34(d) to require 

SQGs that accumulate hazardous waste 

for 90 days or less on drip pads without 

a permit or interim status to comply 

with the technical standards of 40 CFR 

part 265 subpart W and with all other 

conditions for an exemption associated 

with the accumulation of hazardous 

waste by an SQG. 

Additionally, EPA is proposing to 

modify the conditions for an exemption 

currently at § 262.34(d) to require SQGs 

that accumulate hazardous waste for 90 

days or less in a containment building 

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Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules 57967 

101 ‘‘Wood Preserving Resource Conservation and 

Recovery Act Compliance Guide—A Guide to 

Federal Environmental Regulation,’’ U.S. EPA, 

EPA–305–B–96–001, June 1996, Section 5–8. 

102 ‘‘Introduction to Drip Pads (40 CFR parts 264 

and 265, subpart W),’’ RCRA, Superfund & EPCRA 

Call Center Training Module, U.S. EPA, EPA530– 

K–02–008I, October 2001, page 7. 103 ‘‘Wood Preserving Resource Conservation and 

Recovery Act Compliance Guide—A Guide to 

Federal Environmental Regulation,’’ U.S. EPA, 

EPA–305–B–96–001, June 1996, Section 5–8. 

without a permit or interim status to 

comply with the technical standards of 

40 CFR part 265 subpart DD and with 

all other conditions for exemption 

associated with the accumulation of 

hazardous waste by an SQG. 

1. Accumulation of Hazardous Waste on 

Drip Pads 

On December 30, 1988, EPA issued a 

proposed rule listing three additional 

hazardous wastes from wood preserving 

operations that use chlorophenolic, 

creosote, and/or inorganic (arsenic and 

chromium) preservatives, and listing 

one hazardous waste from surface 

protection processes that use 

chlorophenolics (53 FR 53282). As part 

of this rule, the Agency proposed 

additional standards ‘‘applicable to drip 

pads in treated wood storage yards and 

in kick back areas used in managing 

hazardous wastes at wood preserving 

and surface protection facilities. These 

standards are intended to provide for 

proper handling of treated wood 

drippage’’ (53 FR 53308). 

In terms of the types of RCRA 

facilities this regulation would apply to, 

the proposed rule identified and 

discussed the regulatory requirements 

for two groups: Hazardous waste TSDFs 

subject to the part 264 permitting 

standards and LQGs subject to the part 

265 interim status drip pad standards. 

More specifically, the preamble stated 

that ‘‘in the event that drippage is 

collected and is moved from the drip 

pad within 90 days following 

generation, generators may avail 

themselves of the 90-day accumulation 

standards of 40 CFR 262.34, and would 

not need Part B permits for their drip 

pads or tanks (consistent with 

§ 264.1(g)(3), 265.1(c)(7), and 

270.1(c)(2)(i)) provided that they 

comply with the Part 265 standards, as 

required by 40 CFR 262.34’’ (53 FR 

53309). 

When EPA promulgated the final rule 

for these hazardous wastes (55 FR 

50450, December 6, 1990), the 

discussion addressed the same universe 

of facilities (i.e., hazardous waste TSDFs 

subject to the part 264 permitting 

standards and LQGs subject to the part 

265 interim status drip pad standards). 

Pursuant to § 262.34(a), LQGs may 

accumulate the hazardous waste they 

generate without having to obtain a 

RCRA permit provided they comply 

with several specified conditions, 

including the technical standards for 

containers, tanks, drip pads, or 

containment buildings found at part 265 

subparts I, J, W, and DD, respectively. 

Similarly, pursuant to § 262.34(d), SQGs 

may accumulate the hazardous waste 

they generate without having to obtain 

a permit, provided they comply with 

several specified conditions, including 

the technical standards for containers 

and tanks found at part 265 subparts I 

and J, respectively. Although there is no 

explicit condition for SQGs 

accumulating and managing their 

hazardous waste on drip pads, EPA 

intended SQGs accumulating hazardous 

wastes on drip pads either to comply 

with all of the conditions for exemption, 

as well as any associated independent 

requirements for LQGs at part 265 

subpart W, or else obtain a Part B permit 

for their drip pads (consistent with 

§§ 264.1(g)(3), 265.1(c)(7), and 

270.1(c)(2)(i)). 

EPA has consistently interpreted this 

regulatory requirement to apply to 

SQGs. For example, as stated in the 

wood preserving technical guidance 

document issued by EPA in 1996, a 

copy of which is found in the docket, 

‘‘this 90-day limit applies to both large 

quantity and small quantity generators. 

While small quantity generators may 

normally accumulate hazardous waste 

in accumulation units for up to 180 

days, this is not the case for small 

quantity generators accumulating waste 

on Subpart W drip pads. Owners/ 

operators of wood preserving facilities 

who generate between 100–1,000 

kilograms of hazardous waste per 

calendar month and who accumulate 

the waste on drip pads are not eligible 

for the reduced standards normally 

provided for small quantity generators. 

Instead, these generators must comply 

with all the management conditions for 

large quantity generators accumulating 

hazardous waste on drip pads.’’ 101

Similarly, the RCRA training module 

for drip pads, a copy of which is found 

in the docket to this proposal, 

reinforced this principle by stating the 

following: ‘‘Under § 262.34(d), small 

quantity generators (SQGs) are subject to 

a reduced set of requirements when 

accumulating hazardous wastes in tanks 

or containers meeting the interim status 

unit standards. SQGs who accumulate 

wood-preserving wastes on drip pads do 

not qualify for this partial exemption. 

Consequently, all generators of more 

than 100 kilograms of waste per month 

who manage wood-preserving wastes on 

drip pads must comply with the 

requirements applicable to LQGs in 

§ 262.34(a). As a result, the maximum 

generator accumulation time period on 

drip pads is 90 days.’’ 102

At the end of the same paragraph, the 

document states, ‘‘Generators using drip 

pads must also comply with the 

requirements that apply to large 

quantity generators for personnel 

training, development of a full 

contingency plan, and biennial 

reporting,’’ suggesting that SQGs 

accumulating hazardous waste on drip 

pads must comply with all of the 

conditions and independent 

requirements for LQGs, and not just the 

accumulation time limits. 

Because of this statement, the Agency 

believes that confusion may potentially 

exist about the applicability of the 

regulations. As stated above, if an SQG 

accumulates hazardous waste in 

containers, it can comply with a 

reduced set of regulations, including 

accumulation of hazardous waste for up 

to 180 days, whereas if the SQG 

accumulates hazardous waste on drip 

pads, it must comply with the 

regulations for LQGs. The Agency 

believes a more effective and efficient 

approach is to require SQGs 

accumulating hazardous waste on drip 

pads to comply with the technical 

standards of part 265 subpart W, 

including compliance with the LQG 90- 

day accumulation limit (as opposed to 

the SQG 180-day accumulation limit), 

but to otherwise comply with less 

stringent conditions for SQGs found at 

40 CFR 262.34(d). EPA notes that 

hazardous waste that is generated 

elsewhere at the wood preserving 

facility and accumulated in tanks or 

containers (i.e., not accumulated on drip 

pads) will remain subject to the SQG 

accumulation limits. Only waste that is 

accumulated on drip pads must comply 

with the LQG accumulation limits.103

Because both the monthly generation 

quantities (e.g., greater than 100 kg and 

less than 1,000 kg) and accumulation 

total (e.g., not to exceed 6,000 kg at any 

one time) for SQGs are significantly less 

than the generation and accumulation 

quantities for LQGs, the Agency believes 

that SQGs complying with the less 

stringent conditions at § 262.34(d) (e.g., 

personnel training, contingency plan) 

will be protective of human health and 

the environment. Other than complying 

with the management standards at 40 

CFR part 265 subpart W, the Agency 

sees no difference in the risks associated 

with hazardous wastes accumulated in 

tanks or containers. Therefore, EPA is 

proposing to modify the SQG 

regulations to require SQGs who 

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accumulate hazardous waste on drip 

pads to comply with the technical 

standards of 40 CFR part 265 subpart W, 

with the 90-day accumulation limit for 

that hazardous waste, and with all of the 

other hazardous waste accumulation 

standards for an SQG currently found at 

§ 262.34(d). 

Situations may also occur where an 

SQG initially accumulates hazardous 

waste on a drip pad but subsequently 

transfers this waste to a container or 

tank for subsequent management. 

Similarly, the opposite situation may 

occur where hazardous wastes are 

generated and first accumulated by an 

SQG in a tank or in containers and then 

transferred to a drip pad. The Agency is 

proposing that the SQG have up to a 

total of 180 days to accumulate the 

hazardous wastes, which includes both 

the time the waste is on a drip pad and 

when it is in a tank or container, but 

that the total amount of time to 

accumulate the hazardous waste on the 

drip pad must not exceed 90 days. For 

example, if an SQG accumulates 

hazardous wastes on a drip pad for 80 

days prior to transferring its waste to a 

tank, the SQG would be able to 

accumulate waste up to 100 days in the 

tank before it would be required to send 

it off-site for subsequent waste 

management, or conversely, treat and 

dispose of the waste on-site in 

compliance with all applicable RCRA 

regulations under parts 262 through 268 

and 270. 

In the case of an SQG first 

accumulating a hazardous waste in a 

tank or container and then transferring 

the waste to a drip pad, the generator 

would still have up to a total of 180 

days, depending on the circumstances, 

to send the waste off-site for subsequent 

waste management, or conversely, treat 

and dispose of the waste on-site in 

compliance with all applicable RCRA 

regulations under parts 262 through 268 

and 270. However, under the proposal, 

the amount of time allowed for the SQG 

to accumulate the hazardous waste on a 

drip pad may not exceed 90 days. For 

example, if an SQG first accumulated 

hazardous wastes in a tank or container 

for 100 days and then transferred the 

waste to a drip pad, the SQG would be 

able to accumulate up to 80 days more 

(for a total of 180 days) to accumulate 

the waste on the drip pad before the 

generator would be required to send the 

waste off-site for subsequent waste 

management, or conversely, treat and 

dispose of the waste on-site in 

compliance with all applicable RCRA 

regulations under parts 262 through 268 

and 270. 

However, if an SQG first accumulated 

hazardous wastes in a tank or container 

for 80 days and then transferred the 

waste to a drip pad, the SQG would 

only have 90 days more (or a total of 170 

days) to accumulate the waste on the 

drip pad before the generator sent the 

waste off-site for subsequent waste 

management, or conversely, treat and 

dispose of the waste on-site in 

compliance with all applicable RCRA 

regulations under parts 262 through 268 

and 270. 

EPA solicits comments on these 

proposed revisions. In particular, EPA 

requests comment on whether SQGs 

accumulating hazardous waste on drip 

pads should be subject to the 

accumulation time limit of 180 days, 

similar to SQGs accumulating 

hazardous wastes in containers and 

tanks. Conversely, EPA is seeking 

comment on whether SQGs 

accumulating hazardous waste on drip 

pads should be subject to all applicable 

conditions and requirements for LQGs, 

and not just the 90-day accumulation 

time limit. 

The Agency also requests comment on 

the procedures for documenting and 

ensuring hazardous wastes are removed 

from the sump or collection system 90 

days or less from being first placed on 

the drip pad and also for situations 

where hazardous waste accumulation 

involves both drip pads and containers 

or tanks. 

Effect of the Proposed Reorganization: 

This section is affected by the proposed 

reorganization. As part of the 

reorganization in this action, EPA is 

proposing to move the conditions for 

exemption for SQGs accumulating 

hazardous waste from § 262.34 to 

§ 262.16. The proposed drip pad 

conditions for SQGs can be found at 

§ 262.16(b)(4). The reorganization is 

discussed in section XIII of this 

preamble. 

2. Accumulation of Hazardous Waste in 

Containment Buildings 

Consistent with the changes proposed 

for hazardous wastes accumulated on 

drip pads by SQGs, the Agency is also 

proposing that SQGs that accumulate 

hazardous waste in containment 

buildings for 90 days or less without a 

permit or interim status must comply 

with the technical standards of part 265 

subpart DD and with all other 

conditions associated with the 

accumulation of hazardous waste by 

SQGs currently found at § 262.34(d). 

Similar to the drip pad regulations, 

the containment building regulations 

promulgated in 1992 (August 18, 1992, 

57 FR 37194) did not discuss the 

possibility of an SQG accumulating 

hazardous wastes in a containment 

building, but instead only discussed 

TSDFs and LQGs accumulating 

hazardous waste in containment 

buildings (57 FR 37212). Thus, under 

the current regulations, SQGs that 

choose to manage hazardous wastes in 

containment buildings can only do so if 

they comply with the LQG requirements 

or obtain a Part B permit for their 

containment building. 

EPA is proposing to modify the 

regulations to allow SQGs to accumulate 

hazardous wastes in containment 

buildings for 90 days or less without a 

permit or without having interim status 

provided they comply with the 

technical standards of part 265 subpart 

DD and comply with all other 

conditions associated with the 

accumulation of hazardous waste by an 

SQG found at § 262.34(d). As with 

wastes accumulated by SQGs on drip 

pads, the Agency believes that SQGs 

complying with the less stringent 

conditions at § 262.34(d) (e.g., personnel 

training, contingency plan) will be 

protective of human health and the 

environment and other than complying 

with the management standards at 40 

CFR part 265 subpart DD, the Agency 

sees no difference in the risks associated 

with hazardous wastes accumulated in 

tanks or containers. 

As with drip pads, situations may 

potentially arise where hazardous 

wastes are first accumulated in a 

containment building and then 

transferred to containers for subsequent 

accumulation, or vice-versa. The 

Agency is proposing the same 

framework as described in the 

discussion on drip pads above for how 

long SQGs may accumulate hazardous 

wastes in a containment building to 

maintain their hazardous waste 

accumulation exemption. 

EPA solicits comments on this 

proposed revision. In particular, EPA 

requests comment regarding whether 

SQGs accumulating hazardous waste in 

containment buildings should be subject 

to the accumulation time limit of 180 

days, similar to SQGs accumulating 

hazardous wastes in containers and 

tanks or, conversely, whether SQGs 

accumulating hazardous waste in 

containment buildings should be subject 

to all applicable conditions for an 

exemption and independent 

requirements for LQGs, and not just the 

90-day accumulation time limit. EPA 

also seeks comment on situations where 

hazardous waste accumulation involves 

both containment buildings and 

containers or tanks. 

Effect of the Proposed Reorganization: 

This section is affected by the proposed 

reorganization. As part of the 

reorganization in this action, EPA is 

proposing to move the conditions for 

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104The Federal Register notice states, ‘‘the 

Agency is today finalizing the proposed exemption 

from the biennial report requirements of § 262.41 

for generators of 100–1000 kg/mo, including an 

exemption from the provisions of this section 

requiring a description of efforts taken during the 

reporting year to minimize waste generation.’’ (51 

FR 10160, March 24, 1986). Additionally, EPA’s 

Hazardous Waste Report Instructions and Forms 

specify that only LQGs (as well as facilities that 

treat, store, or dispose of RCRA hazardous waste onsite) must complete and file the biennial report 

(http://www.epa.gov/osw/inforesources/data/

biennialreport/index.htm). 

105Both EPA and the states have received 

questions from generators regarding whether they 

must submit a biennial report. 

exemption for SQGs accumulating 

hazardous waste from § 262.34 to 

§ 262.16. The proposed containment 

building regulations for SQGs can be 

found at § 262.16(b)(5). The proposed 

containment building regulations for 

LQGs can be found at § 262.17(a)(4). The 

reorganization is discussed in section 

XIII of this preamble. 

K. Deletion of Performance Track 

Regulations 

EPA launched The National 

Environmental Performance Track in 

2000 to provide regulatory and 

administrative benefits to Performance 

Track members. Performance Track was 

a public-private partnership that 

encouraged continuous environmental 

improvement through use of 

environmental management systems, 

community outreach, and measurable 

results. In order to provide regulatory 

benefits to members, EPA made changes 

to the RCRA hazardous waste 

regulations, among others, that 

specifically referenced members of 

Performance Track. 

EPA terminated the Performance 

Track program in 2009. Therefore, EPA 

is proposing to remove obsolete 

references to Performance Track in the 

RCRA hazardous waste regulations as a 

part of this rulemaking. In some cases, 

a whole paragraph of regulation will be 

removed and in other instances we will 

remove just the part of the paragraph 

that references Performance Track. The 

deleted paragraphs would then be 

reserved to reduce the possibility of 

confusion by replacing them with other 

regulations. The references that would 

be removed would be the following: 

• § 260.10: Definition of Performance 

Track member facility; 

• § 262.34(j), (k), and (l): Regulations 

for accumulation of hazardous waste by 

LQGs in Performance Track; 

• § 262.211(c): Two parenthetical 

references to § 262.34 (j) and (k) in the 

regulations for academic labs in subpart 

K of part 262; 

• §§ 264.15(b)(4) and 265.15(b)(4): 

References to the requirements for 

inspection of areas of the facility subject 

to spills in §§ 264.15(b)(5) and 

265.15(b)(5), respectively; 

• §§ 264.15(b)(5) and 265.15(b)(5): 

Requirements for Performance Track 

member facilities that reduce inspection 

frequency for areas subject to spills; 

• §§ 264.174 and 265.174: References 

to Performance Track requirements for 

inspections of areas where containers 

are stored; 

• §§ 264.195(e), 265.195(d), and 

265.201(e): Requirements for 

Performance Track member facilities for 

inspections of tank systems; 

• §§ 264.1101(c)(4) and 

265.1101(c)(4): Requirements for 

Performance Track member facilities for 

reduced inspections of containment 

buildings; 

• § 270.42(l): Procedures for permit 

modifications for Performance Track 

member facilities; and 

• Appendix 1 to § 270.42— 

Classification of Permit Modification, 

Section O.1: Indication that a permit 

modification for reduced inspections for 

a Performance Track member facility is 

a Class 1 permit modification. 

The provisions that EPA is proposing 

to remove were added to the regulations 

in the National Environmental 

Performance Track Program final rule, 

dated April 22, 2004 (69 FR 21737), the 

Resource Conservation and Recovery 

Act Burden Reduction Initiative final 

rule, dated April 4, 2006 (71 FR 16862), 

and the Academic Laboratories final 

rule, dated December 1, 2008 (73 FR 

72912). The Agency is requesting 

comment on whether there are 

additional references to the Performance 

Track program in the RCRA hazardous 

waste regulations that should be 

removed as a part of this rulemaking. 

Effect of the Proposed Reorganization: 

This section is not affected by the 

proposed reorganization. 

L. Clarification of Biennial Reporting 

Requirements (40 CFR 262.41) 

EPA is proposing to modify the 

biennial reporting regulations for 

generators found at 40 CFR 262.41 in 

order to make the regulations consistent 

with Agency guidance, including its 

biennial report instructions and forms. 

More specifically, the Agency is 

proposing the following revisions: (1) 

Only LQGs need to submit biennial 

reports; (2) LQGs must report all of the 

hazardous waste they generate for the 

entire reporting year, not just the 

month(s) the generator was an LQG; (3) 

LQGs completing a biennial report must 

report all hazardous wastes they 

generated in the reporting year, 

regardless of whether they transferred 

the waste off site during the reporting 

year; and (4) a reference to the biennial 

report form (EPA form 8700–13) at 

§ 262.41 rather than the list of specific 

data elements in currently at that 

citation. 

Additionally, EPA is proposing to 

modify the title of subpart D from 

‘‘Recordkeeping and Reporting’’ to 

‘‘Recordkeeping and Reporting 

Applicable to Small and Large Quantity 

Generators’’ in order to highlight which 

entities need to comply with this 

subpart. 

1. Biennial Report Requirements Are 

Only Applicable to LQGs 

The first proposed change is to 

modify the biennial reporting 

regulations in § 262.41 to make these 

only applicable to LQGs (and thus not 

applicable to SQGs and CESQGs). 

Currently, the biennial report 

regulations at § 262.41(a) and (b) refer to 

‘‘a generator’’ and ‘‘any generator,’’ but 

do not further specify which categories 

of generators must complete and submit 

a biennial report. However, current EPA 

guidance, as well as a 1986 FR notice, 

states that only LQGs must complete 

and submit a biennial report to 

EPA.104 105 To reduce confusion between 

the regulations and EPA’s current 

guidance regarding the applicability of 

biennial reporting requirements, EPA is 

proposing to modify § 262.41 to state 

that only LQGs are required to complete 

and submit a biennial report. This 

proposed change would not result in a 

substantive change to the existing 

regulations, but would make clear who 

is required to submit the biennial report. 

Additionally, EPA is proposing to 

modify the phrase ‘‘prepare and submit’’ 

which is the existing language in 

§ 262.41, to ‘‘complete and submit’’ 

because the Agency believes that 

‘‘complete and submit’’ more accurately 

reflects that LQGs must complete all 

applicable elements of the biennial 

report forms. 

Effect of the Proposed Reorganization: 

This section is not affected by the 

proposed reorganization. 

2. LQGs Must Report All Hazardous 

Waste Generated During the Reporting 

Year, Not Just for the Month(s) the 

Generator Was an LQG 

The second proposed change is to 

modify the biennial reporting 

regulations to require LQGs to report all 

of the hazardous waste they generate for 

the entire reporting year, not just the 

month(s) the generator was actually an 

LQG. (Additionally, if EPA were to 

make final the proposed provision 

allowing an LQG to receive hazardous 

waste from a CESQG under control of 

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106Relatedly, EPA is also proposing to allow 

CESQGs and SQGs that generate additional 

amounts of hazardous waste in response to an 

episodic event that would have required a bump up 

in generator category to maintain their generator 

category provided certain conditions are met. See 

section IX of this preamble for more information. 

the same person, an LQG would also 

have to report the waste it received 

during the reporting year. See section 

VII.C of the preamble for discussion of 

this provision.) The Agency is 

proposing this change since there have 

been different positions provided by 

EPA regarding whether LQGs must 

report on the amount of hazardous 

waste generated and managed for the 

entire reporting year or only for those 

months they were an LQG, and, thus, 

were subject to the LQG standards, 

including biennial reporting. In 

addition, although the vast majority of 

states require LQGs to report the total 

amount of hazardous waste they 

generate for the entire reporting year, 

even if they were an LQG for only one 

calendar month, there are at least two 

states that only require LQGs to report 

the amount of hazardous waste 

generated and managed for those 

months they were an LQG.106

Specifically, in a 1980 Federal 

Register notice, the Agency stated, ‘‘The 

recordkeeping and reporting 

requirements of part 262 apply, 

however, only to those periods in which 

the generator’s hazardous waste is 

subject to full regulation under part 262. 

Thus, for example, the annual report of 

a generator whose waste is subject to 

full regulation under part 262 for three 

months in a year would cover the 

generator’s activity only for those three 

months’’ (45 FR 76621, November 19, 

1980). However, current EPA guidance 

in the Hazardous Waste Report 

Instructions and Forms instructs 

generators to report the total quantity of 

hazardous waste generated during the 

reporting year. The regulations in 

§ 262.41 are silent on this issue. 

In the interest of national consistency, 

EPA proposes to modify the regulations 

at § 262.41 to require LQGs to report the 

total amount of hazardous waste 

generated during the entire reporting 

year. EPA believes that this change will 

ensure a more complete and reliable 

estimate on the total amount of 

hazardous waste generated in order to 

support various RCRA program 

development and implementation 

efforts by EPA and the states. 

The Agency does not anticipate 

significant added burden from this 

provision. First, EPA knows of only two 

states (Idaho and Kentucky) that 

currently require generators to report 

only those hazardous wastes generated 

during the months the generator was an 

LQG. Thus, this modification will only 

affect a small percentage of the LQG 

universe that in certain months are not 

LQGs. Second, these LQGs are already 

completing a biennial report, so the 

change in burden will be in reporting 

the additional amounts of hazardous 

waste they generate for the remaining 

months of the reporting year that they 

were not an LQG. Third, generators are 

already required under § 261.5(c) and 

(d) to count the amount of hazardous 

waste they generate monthly to 

determine their regulatory status and 

thus would be counting hazardous 

waste during months they are not LQGs. 

Fourth, most generators transfer the 

hazardous waste they generate off site 

and, thus, should be able to use their 

hazardous wastes manifests to calculate 

the total amount of hazardous wastes 

they generate annually. 

Effect of the Proposed Reorganization: 

This section is not affected by the 

proposed reorganization. 

3. LQGs Must Report All Hazardous 

Waste Generated During the Reporting 

Year, Regardless of When the Waste 

Was Transferred Off Site 

The third proposed change requires 

LQGs completing a biennial report to 

report all hazardous wastes they 

generated during the reporting year, 

regardless of when the hazardous waste 

was transported off site. Although the 

current biennial report instructions 

clearly state that LQGs should report the 

total quantity of hazardous waste that 

was generated during the reporting year, 

the regulations do not address cases in 

which the generator generates 

hazardous waste during the reporting 

year, but ships the waste off site during 

the next calendar year. 

For purposes of completeness and to 

be consistent and avoid confusion with 

the current biennial report and its 

instructions, the Agency is proposing to 

state in § 262.41 that LQGs must report 

all hazardous wastes they generate in 

the reporting year, regardless of when 

the generated hazardous waste was 

transferred off site. The Agency believes 

that this change will not pose a 

significant burden since the information 

is already available; it is simply stating 

clearly in which year the data is 

reported. 

Effect of the Proposed Reorganization: 

This section is not affected by the 

proposed reorganization. 

4. Replace the List of Specific Data 

Elements With an Independent 

Requirement To Complete and Submit 

All Data Elements Required in the 

Biennial Report Form (EPA Form 8700– 

13) 

EPA is proposing to modify the 

regulations at 40 CFR 262.41 to 

eliminate the specific list of data 

elements and to require the completion 

and submission of all data elements 

contained in the biennial report form 

(EPA form 8700–13). 

Section 262.41(a) currently requires 

that the biennial report include a 

specific list of data elements, including 

the name, address, and EPA ID number 

of the generator and each transporter 

and TSDF, the EPA hazardous waste 

number for each hazardous waste 

shipped off site, and a signed 

certification, among other things. 

In the nearly three decades since the 

biennial report regulations were first 

promulgated, EPA’s biennial report form 

and instructions have evolved to enable 

better data analysis and to reduce 

burden, where possible. Thus, the 

regulations at § 262.41 no longer 

accurately reflect the data elements 

currently listed in EPA’s biennial report 

instructions and forms. For example, 

current EPA guidance for biennial 

reporting requires generators to identify 

their hazardous wastes using not only 

the EPA hazardous waste number, but 

also using source, form, and 

management method codes. 

Additionally, EPA no longer requires 

the collection of the name and EPA 

identification number of each 

transporter in the biennial report. In 

order to maintain consistency between 

the regulations at § 262.41 and the EPA 

biennial report instructions and forms, 

EPA is proposing to remove the list of 

specific data elements currently in the 

regulations and to simply require 

completion and submission of all the 

data elements required in EPA form 

8700–13. This change eliminates the 

need to update the list of data elements 

in the regulations, which would require 

periodic rulemakings, every time that 

changes were made to the information 

to be provided. 

At least every three years, EPA’s 

biennial report instructions and forms 

are reviewed and approved through the 

information collection request (ICR) 

process under the Paperwork Reduction 

Act (PRA). The PRA requires EPA to 

issue proposed and final notices in the 

Federal Register and to provide 

opportunity for public comment, thus 

ensuring that the regulated community 

is informed and has the opportunity to 

comment on the report instructions and 

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107The prohibition on liquid wastes in MSWLFs 

applies to all liquid wastes and not just liquid 

hazardous wastes. 

108 56 FR 51055, October 9, 1991. 

109 40 CFR 264.314(a) and 265.314(a). 

form. The PRA also requires approval by 

the Office of Management and Budget. 

Eliminating the list of specific data 

elements currently in the regulations 

therefore does not eliminate public 

input and avoids duplication with the 

review and approval processes 

established under the PRA. 

EPA does not believe this change in 

any way affects the enforceability of the 

biennial reporting regulations. 

Generators must complete and submit 

all information required by EPA form 

8700–13. EPA also notes that this 

approach is similar to the current 

regulations at § 262.12, which require 

generators to obtain an EPA 

identification number using EPA form 

8700–12 (Site ID form). Section 262.12 

does not contain an itemized list of 

specific data elements contained in EPA 

form 8700–12. Instead, it requires the 

completion and submission of the 

specified form. 

EPA also notes that some states 

develop their own biennial report forms, 

based on the federal forms. EPA does 

not believe this proposed change would 

impact the biennial reporting processes 

in these states. Authorized states that 

use a different form for collecting 

biennial report information would 

simply refer to their authorized state 

form in their state regulations. 

5. Request for Comment 

The Agency requests comment on the 

proposed changes to § 262.41. EPA also 

specifically requests whether 

commenters believe the proposed 

change to eliminate the specific data 

elements in § 262.41 will ease 

compliance and understanding of the 

current biennial reporting procedures. 

M. Provision Prohibiting Generators 

from Disposing of Liquids in Municipal 

Solid Waste Landfills (Proposed 

§ 262.14 and § 262.35) 

EPA is proposing to add a paragraph 

at § 262.14 (for CESQGs) and § 262.35 

(for SQGs and LQGs) that hazardous 

waste generators are prohibited from 

disposing of liquid hazardous wastes in 

landfills. This is not a new requirement; 

it is a reflection of existing regulations 

found at § 258.28 for municipal solid 

waste landfills (MSWLFs), and 

§§ 264.314 and 265.314 for permitted 

and interim status hazardous waste 

landfills. The Agency believes it is 

important to emphasize that the 

responsibility for complying with this 

provision not only resides with 

municipal and hazardous waste haulers 

and landfill operators, but also with 

hazardous waste generators. 

The restriction for disposal of liquid 

hazardous waste in MSWLFs has been 

in place since 1991 at § 258.28 and 

specifically restricts ‘‘bulk or 

noncontainerized liquid wastes, except 

(1) household wastes (other than septic 

wastes), and (2) leachate and gas 

condensate that is derived from the 

MSWLF unit where the unit is equipped 

with a composite liner and a leachate 

collection system. . . designed and 

constructed to maintain less than 30 

centimeters of leachate over the liner’’ 

(56 FR 51055, October 9, 1991).107

In the same preamble, EPA went on 

to state that liquids restrictions are 

necessary because the disposal of 

liquids into landfills can be a significant 

source of leachate generation and that 

restricting the introduction of liquids 

into landfills would minimize the 

leachate generation potential of landfills 

and reduce the risk of liner failure and 

subsequent contamination of the ground 

water.108 The special requirements for 

bulk and containerized liquids in part 

264 address similar concerns about the 

management of liquids in landfills.109

Under current practices and 

operations, the primary onus for seeing 

that hazardous waste liquids are 

restricted from landfills generally 

resides with the hauler. Should a 

random inspection at a landfill of the 

hauler’s waste find liquid hazardous 

waste, the landfill operator cannot 

accept the hauler’s waste without 

violating its landfill permit. As a result, 

the hauler would be required to 

transport its waste back to the generator 

or to a RCRA-permitted treatment 

facility and pay the significantly higher 

tipping fees for any required treatment 

prior to disposal. While the waste 

management hauler or transporter can 

provide a measure of oversight, 

ultimately the hauler must rely on the 

due diligence and waste management 

practices of the hazardous waste 

generator to avoid such an outcome. In 

other words, the hazardous waste 

generator is responsible for ensuring 

that hazardous waste liquids are not 

disposed of in landfills. 

Considering the importance of 

restricting liquid hazardous wastes in 

landfills, the Agency believes including 

a mirror provision in the 40 CFR part 

262 hazardous waste generator 

regulations would increase awareness, 

and thus compliance, by generators with 

the liquids restriction that currently 

exists in §§ 258.28, 264.314(a) and 

265.314(a) Therefore, the Agency is 

proposing to incorporate this provision 

into the generator regulations at part 

262. 

Effect of the Proposed Reorganization: 

This section is affected by the proposed 

reorganization in that we are proposing 

to include the provision as a condition 

in § 262.14 for CESQGs, as well as in 

§ 262.35 for SQGs and LQGs. 

N. Extending Time Limit for 

Accumulation Under Alternative 

Requirements for Laboratories Owned 

by Eligible Academic Facilities (40 CFR 

Part 262 Subpart K) 

The Agency is proposing to extend 

the accumulation time for unwanted 

material by eligible academic entities 

with laboratories operating under 40 

CFR part 262 subpart K from six months 

to one year. 

Under 40 CFR part 262 subpart K 

eligible academic entities have the 

choice of operating their laboratories 

under the alternative subpart K 

standards instead of the satellite 

accumulation area regulations at 40 CFR 

262.34(c). Currently, if the eligible 

academic entity chooses to operate its 

laboratories under subpart K, the entity 

must remove the unwanted material 

from each laboratory under the 

following two circumstances: (1) Every 

6 months; or (2) within 10 days, if the 

laboratory accumulates more than 55 

gallons of unwanted material or 1 quart 

of reactive acutely hazardous unwanted 

material. 

Operating under the SAA regulations, 

an eligible academic entity has no time 

limit for accumulation. Therefore, for 

smaller eligible academic entities that 

do not accumulate 55 gallons in a 

laboratory, subpart K’s six month 

accumulation time limit can mean a 

shorter, more stringent, accumulation 

time than they have under the satellite 

accumulation area regulations. Eligible 

academic entities have cited this shorter 

accumulation time as a disincentive for 

opting into the alternative standards in 

subpart K. The Agency therefore 

requests comment regarding its proposal 

to increase the accumulation time limit 

in an eligible academic entity’s 

laboratory to 12 months. 

Lengthening the time would yield a 

cost savings for those operating under 

subpart K compared to the costs they 

have now. The longer accumulation 

time would come with no increased risk 

because the volume limits—which are 

the same as the SAA volume limits— 

would continue to be in place for the 

rare cases where labs do accumulate 55 

gallons of unwanted material or 1 quart 

of reactive acutely hazardous unwanted 

material. 

The Agency requests comment on 

extending the accumulation time for 

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57972 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules 

110Note: Besides the generation of non-acute 

hazardous waste, a generator’s category is also 

determined by the quantities of acute hazardous 

waste it generates in a calendar month. 

111A CESQG may send its hazardous waste to (1) 

a hazardous waste facility permitted by EPA; (2) an 

interim status hazardous waste facility; (3) a 

hazardous waste facility permitted by an authorized 

state; (4) a facility permitted, licensed or registered 

by a state to manage municipal solid waste; (5) a 

facility permitted, licensed or registered by a state 

to manage non-municipal non-hazardous solid 

waste; (6) a facility which beneficially uses or 

reuses or legitimacy recycles or reclaims its wastes 

or treats its waste prior to beneficial use or reuse 

or legitimacy recycling or reclamation; or (7) 

universal waste handler or destination facility 

subject to the requirements in 40 CFR part 273. 

112Assessment of the Potential Costs, Benefits, 

and Other Impacts of the Improvements to the 

Hazardous Waste Generator Regulatory Program, As 

Proposed, prepared for U.S. Environmental 

Protection Agency by Industrial Economics, 

Incorporated, May 2015. 

unwanted material by eligible academic 

entities with laboratories operating 

under 40 CFR part 262 subpart K, from 

six months to one year. 

Effect of the Proposed Reorganization: 

This section is not affected by the 

proposed reorganization. 

IX. Proposed Addition to 40 CFR Part 

262 for Generators that Temporarily 

Change Generator Category as a Result 

of an Episodic Event 

EPA is proposing to allow a CESQG 

or an SQG to maintain its existing 

generator category if, as a result of a 

planned or unplanned episodic event, 

the generator would generate a quantity 

of hazardous waste in a calendar month 

sufficient to bump the facility into a 

more stringent generator category (i.e., 

CESQG to either an SQG or an LQG; or 

an SQG to an LQG). This proposed 

change would allow a CESQG or SQG to 

generate additional quantities of 

hazardous waste—exceeding its normal 

generator category limits temporarily— 

and still maintain its existing regulatory 

category provided it complies with 

specified conditions discussed below. 

Because these events are considered to 

be temporary and episodic in nature, the 

hazardous waste generator would only 

be allowed to take advantage of this 

provision once every calendar year. 

Also as explained below, a CESQG or 

SQG could petition EPA to manage one 

additional episodic event per calendar 

year. 

A. Background 

Under the current RCRA regulatory 

framework for hazardous waste 

generators, a generator’s category is 

determined by the quantity of hazardous 

waste it generates in a calendar month. 

For example, if a generator generates 

less than or equal to 100 kilograms of 

non-acute hazardous waste and 1 

kilogram of acute hazardous waste in a 

calendar month, then it can comply 

with the regulations applicable to a 

CESQG.110 However, if that same 

generator generates more than 100 

kilograms but less than 1,000 kilograms 

of non-acute hazardous waste and less 

than or equal to 1 kilogram of acute 

hazardous waste in the following 

calendar month, then it must comply 

with all applicable regulations 

associated with an SQG. 

At issue is when the generator 

generates an additional quantity of 

hazardous waste in a calendar month as 

a result of an episodic event—(planned 

or unplanned)—only to revert back to its 

normal waste generation quantities in 

the following month. For example, a 

CESQG plans a short-term demolition 

project that generates an additional 500 

kilograms of hazardous waste in the 

calendar month, resulting in the CESQG 

becoming an SQG for that calendar 

month. However, once the demolition 

project has been completed, the 

generator’s waste generation drops such 

that it again qualifies as a CESQG. Other 

examples of planned episodic events 

include tank cleanouts, short-term 

construction projects, site remediation, 

equipment maintenance during plant 

shut downs, and removal of excess 

chemical inventories. 

Unplanned episodic events, which 

may be less frequent, include 

production process upsets, product 

recalls, excess inventory, accidental 

spills, or ‘‘acts of nature,’’ such as a 

tornado, hurricane, or flood. For 

example, an SQG suffers an unplanned 

disruption in production that results in 

the generation of 3,000 kilograms of an 

off-specification product that cannot be 

sold and must be discarded, therefore 

bumping the generator from an SQG to 

an LQG for that calendar month. 

Currently, for the one month the 

hazardous waste generator was subject 

to more stringent regulations, the 

generator has two options: (1) 

Temporarily change its waste 

management practices to comply with 

those of the more stringent generator 

category for the duration of the event or 

(2) permanently adjust and manage all 

subsequent quantities it generates in the 

more stringent generator category (even 

though it is in a less stringent generator 

category in subsequent months). 

Generators that do not comply will be 

out of compliance with the applicable 

regulations. 

Under the current regulatory 

framework, a CESQG must comply with 

minimal conditions for an exemption. 

For non-acute hazardous waste, these 

include the following: making a 

hazardous waste determination; 

counting the amount of hazardous waste 

it generates to ensure it is a CESQG (e.g., 

generates less than or equal to 100 

kilograms of non-acute hazardous waste 

and 1 kilogram of acute hazardous waste 

in a calendar month); accumulating no 

more than 1,000 kilograms on site at any 

one time; and sending its hazardous 

waste for subsequent off-site waste 

management to one of several specified 

designation facilities.111 However, if an 

episodic event were to occur, such as 

the generation of an additional 500 

kilograms of non-acute hazardous waste 

resulting from a disruption in 

production process, the generator would 

need to comply with the SQG 

regulations that include both 

independent requirements and 

conditions for exemption. Having to 

obtain a RCRA identification number 

would be an example of an independent 

requirement, whereas managing its 

hazardous wastes in containers or tanks 

subject to the applicable 40 CFR part 

265 subparts I and J regulations, and 

marking and labeling the containers 

would be examples of conditions for 

exemption. EPA believes requiring a 

CESQG to comply with the additional 

SQG or LQG regulations or an SQG to 

comply with the LQG regulations for the 

month its hazardous waste exceeded the 

quantity limits based on an episodic 

event (planned or unplanned) may be 

unnecessary to protect human health 

and the environment. Instead, the 

Agency is proposing a more practical 

approach to ease compliance for 

episodic generators and still protect 

human health and the environment. By 

complying with the specified 

conditions, the generator would be able 

to maintain its current generator 

category and would not be required to 

comply with the more stringent sitewide regulations applicable to the 

higher generator category. 

Although EPA does not have specific 

information regarding the number of 

generators that may take advantage of its 

proposed alternative episodic standards, 

we can make certain estimates using 

data collected through the biennial 

report. EPA currently estimates that 

1,270–2,550 generators could 

potentially take advantage of this 

provision if it is finalized.112 However, 

EPA believes that the potential universe 

of generators that may want to take 

advantage of the episodic event 

standards may be significantly higher 

and is seeking comment on what a more 

reliable estimate might be. For example, 

there may be certain industrial sectors 

in which generators have a higher 

probability of being episodic generators 

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113As discussed later, the length of a generator’s 

episodic event may overlap two calendar years in 

which case discretion would be provided to EPA or 

the authorized state as to how it would address a 

request for another episodic event in the second 

year by a generator. 

114EPA is proposing a process to petition the 

Agency for an additional event, if warranted. 

than in others (e.g., retail, oil and gas 

exploration, utilities, and military 

bases). 

On February 14, 2014, EPA published 

a Notice of Data Availability for the 

Retail Sector in which the Agency 

requested, among other topics, 

comments from retailers on issues they 

face in complying with the RCRA 

regulations. Some commenters 

mentioned the challenge posed by 

complying with the hazardous waste 

regulations when an irregular event 

causes them to exceed the threshold of 

their normal generator category for a 

single month. This provision would 

provide a way for retailers and others to 

manage that challenge. 

B. Proposed Conditions for Episodic 

Generators 

Under the proposed framework, a 

CESQG or an SQG generating an 

increased quantity of hazardous waste 

because of an episodic event that 

resulted in a temporary change in a 

generator’s category would be able to 

maintain its existing generator category 

provided specified conditions are met as 

the waste is accumulated. We believe 

these conditions will be sufficient to 

ensure these additional hazardous 

wastes are managed in an 

environmentally sound manner. Similar 

to the existing hazardous waste 

regulatory framework, should a CESQG 

fail to meet the specified conditions, it 

would immediately lose the CESQG 

accumulation exemption and be the 

operator of a non-exempt storage facility 

unless it also immediately complied 

with all of the conditions for exemption 

for an SQG or LQG. If an SQG failed to 

meet any specified condition for 

exemption, it would immediately lose 

its exemption and be the operator of a 

non-exempt storage facility unless it had 

immediately complied with all of the 

conditions for an exemption for an LQG. 

For both CESQGs and SQGs taking 

advantage of this provision, the 

following conditions must be met: 

(1) Episodic events are limited to one 

per calendar year; 

(2) The generator must notify EPA at 

least 30 calendar days prior to initiating 

a planned episodic event or within 24 

hours after an unplanned episodic event 

or as soon as possible; identify the start 

and end dates, which may be no more 

than 45 days apart, as well as other 

information about the event; and 

identify a facility contact and/or 

emergency coordinator with 24-hour 

telephone access to discuss notification 

submittal or respond to emergency; 

(3) The generator must obtain an EPA 

ID number (CESQGs); 

(4) The generator must comply with 

specified hazardous waste management 

conditions as the waste is accumulated 

on-site; 

(5) The generator must use a 

hazardous waste manifest and 

hazardous waste transporter to ship the 

waste generated by the episodic event to 

a RCRA-designated facility within 45 

calendar days from the start of the 

episodic event; 

(6) The generator must complete and 

maintain specified records. 

EPA is also proposing a petition 

process to allow hazardous waste 

generators to request from EPA one 

additional episodic event within the 

same calendar year and/or an extension 

of up to 30 calendar days to complete 

an episodic event and still be eligible to 

maintain its generator category. An 

example of how the implementation of 

these provisions would work in 

practice, particularly the start and end 

dates in conjunction with normal waste 

generation and accumulation 

operations, follows a discussion of these 

requirements. 

The proposed regulations for episodic 

generators are located at a new part 262 

subpart L, §§ 262.230–232. 

1. Number of Episodic Events per 

Calendar Year 

The Agency is proposing that a 

CESQG or a SQG be allowed to exceed 

its generator category limits only once 

per calendar year without affecting its 

generator category.113 114 EPA has 

several reasons for this restriction. First, 

if a CESQG or SQG exceeds its generator 

category limits more frequently than 

once per calendar year, EPA is 

concerned that these generators are 

more likely to be routinely generating 

greater amounts of hazardous waste and 

thus it may be more appropriate for the 

generator to comply with the regulations 

applicable to the higher generator 

category, at least for the months they 

exceed the quantity limits for their 

generator category. Second, EPA 

believes most hazardous waste 

generators experience an episodic event 

infrequently, such as once every few 

years, and these events are typically 

planned maintenance projects. Third, 

the Agency does not consider an 

episodic event to be limited to one 

project within the generator’s site. In 

fact, a generator could start and 

complete multiple projects (e.g., a small 

demolition project, a tank cleanout, and 

removal of excess chemicals) at different 

dates within the 45 day time limit so 

long as it stayed within the 45 day start 

and end dates identified on the 

notification form with all hazardous 

waste generated considered part of the 

same episodic event. 

2. Notification 

A SQG or CESQG would have to 

notify EPA no later than 30 days prior 

to initiating a planned episodic event 

using EPA form 8700–12 (Site ID form). 

Should EPA finalize this provision, EPA 

will provide instructions in the Site ID 

form on how to report an episodic event 

(for example, using the notes section of 

the form). The hazardous waste 

generator would be required to identify 

the dates the episodic event will begin 

and end—a time frame not to exceed 45 

calendar days—as well as describe the 

reason for the event and the types and 

estimated quantities of hazardous 

wastes that would be generated during 

the event. Should an unplanned event 

occur, the generator would be required 

to notify EPA as soon as possible via 

phone or email, but must submit EPA 

form 8700–12 (Site ID form) within 24 

hours of the unplanned event, or as 

soon as possible depending upon the 

circumstances. Unless notified by EPA 

or an authorized state, a CESQG or SQG 

would be allowed to begin its episodic 

event on the date identified on its form 

8700–12. 

The date identified on the notification 

form as the start date for the episodic 

event is assumed to be the date the 

generator initiates physical action in 

generating and accumulating the 

hazardous waste. Whether such action 

actually occurs on that date or after by 

the generator will have no impact in 

changing the end date of the episodic 

event identified on the notification 

form. 

No matter what, the end date must be 

no later than 45 calendar days from the 

date identified on the notification form 

as the start date of the episodic event. 

The end date will be the date on which 

all hazardous waste generated from the 

episodic event, and possibly other 

hazardous waste also generated during 

that time period as part of normal 

operations, will have had to be removed 

and sent to a RCRA designation facility 

as verified by the hazardous waste 

manifest. The Agency does not see any 

reason to preclude a generator taking 

advantage of this provision to also 

dispose of other hazardous wastes 

generated during the time of the 

episodic event. 

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As part of the notification form, a 

CESQG would have to notify its local 

fire department that it was taking 

advantage of an episodic event. The 

notice would need to include the start 

and end dates and identify the types 

and quantities of hazardous wastes that 

would be generated. 

EPA believes notification is essential 

to inform regulatory authorities of the 

facility’s activities in order to enable 

adequate compliance monitoring of the 

facility with the conditions of the 

alternative standards. 

3. EPA ID Number 

A CESQG generating and 

accumulating quantities of hazardous 

waste that would otherwise result in a 

higher generator category because of an 

episodic event (whether planned or 

unplanned) would be required, under 

the proposed regulations, to obtain an 

EPA ID number using EPA form 8700– 

12 if one had not previously been 

assigned. A generator cannot initiate a 

hazardous waste shipment to a RCRAdesignated facility without an EPA ID 

number. (SQGs are already required to 

obtain an EPA ID number.) 

4. Waste Management Standards 

a. Accumulation standards for 

CESQGs. Under the current regulations, 

a CESQG must not accumulate more 

than 1,000 kilograms of non-acute 

hazardous waste at any one time, but 

otherwise does not have any on-site 

waste management standards when 

accumulating hazardous waste, 

primarily because the quantities 

generated every month are so small. 

EPA is proposing to require a CESQG 

that generates episodic hazardous waste 

that would cause the CESQG to exceed 

its generator category limit for the 

calendar month to comply with the 

following accumulation standards for 

containers and tanks that manage the 

episodic wastes if it wants to take 

advantage of the episodic generator 

provision (CESQGs are prohibited from 

using a drip pad or a containment 

building). EPA believes that these 

standards are necessary because the 

quantity of hazardous waste that is 

accumulated during this episodic period 

requires standards for safe management 

in order to adequately protect human 

health and the environment. 

When accumulating hazardous waste 

in containers, the CESQG would be 

required to mark its containers with the 

following: (1) The words ‘‘Episodic 

Hazardous Waste’’; (2) other words that 

identify the contents of the containers— 

examples may include, but are not 

limited to the name of the chemical(s), 

such as ‘‘acetone’’ or ‘‘methylene 

dichloride,’’ or the type or class of 

chemical, such as ‘‘organic solvents’’ or 

‘‘halogenated organic solvents’’ or, as 

applicable, the proper shipping name 

and technical name markings used to 

comply with DOT requirements at 49 

CFR part 172 subpart D; and (3) an 

indication of the hazards of the contents 

of the container—examples of hazards 

include, but are not limited to, the 

applicable hazardous waste 

characteristic(s) (i.e., ignitable, 

corrosive, reactive, toxic). In the case of 

hazardous wastes ultimately treated and 

disposed of off-site, the generator could 

use a hazard class label consistent with 

the DOT requirements at 49 CFR part 

172 subpart E (labeling), use a label 

consistent with the OSHA Hazard 

Communication Standard at 29 CFR 

1920.1200, or use a chemical hazard 

label consistent with the NFPA code 

704; or a hazard pictogram consistent 

with the United Nations’ GHS. 

Generators also may use any other 

marking or labeling commonly used 

nationwide in commerce that would 

alert workers and emergency responders 

to the nature of the hazards associated 

with the contents of the containers. 

These marking standards are the same 

as those for LQGs and SQGs 

accumulating hazardous wastes in 

containers in the course of normal 

business operations and are necessary to 

protect human health and the 

environment. In addition to these, the 

CESQG would be required to mark the 

date that the episodic event began 

clearly on each container. 

For tanks, the CESQG would have to 

mark or label the tank containing 

hazardous waste accumulated during 

the event with the words ‘‘Episodic 

Hazardous Waste’’ and would be 

required to use inventory logs, 

monitoring equipment, or other records 

to identify the contents of the tank, the 

quantity accumulated as a result of the 

episodic event, and the associated 

hazards and to identify the date that the 

episodic event began. The records 

containing this information would have 

to be immediately accessible by the 

generator. 

In addition, the generator would be 

required to manage the hazardous waste 

in a manner that minimizes the 

possibility of an accident or release. 

Management standards are critical to 

ensure the hazardous waste does not 

pose a risk to human health and the 

environment. A CESQG may use best 

management practices to comply with 

this condition. In practice, this includes 

managing the hazardous waste in 

containers that are in good condition 

and chemically compatible with any 

hazardous waste accumulated therein 

and keeping the containers closed 

except to add or remove waste. 

Complying with the standards in part 

265 subpart I would satisfy this 

condition. 

With respect to tanks, the following 

standards are proposed: (1) Having 

procedures in place to prevent overflow 

(e.g., the tank is equipped with a means 

to stop inflow with systems such as a 

waste feed cutoff system or bypass 

system to a standby tank when 

hazardous waste is continuously fed 

into the tank); (2) inspecting the tank(s) 

at least once each operating day during 

the episodic event to ensure all 

applicable discharge control equipment, 

such as waste feed cutoff systems, 

bypass systems, and drainage systems, 

are in good working order and (3) using 

appropriate controls and practices to 

prevent spills and overflows from tank 

or secondary containment systems 

including at a minimum spill 

prevention controls (e.g., check valves, 

dry disconnect couplings), overfill 

prevention controls (e.g., level sensing 

devices, high level alarms, automatic 

feed cutoff, or bypass to a standby tank), 

maintenance of sufficient freeboard in 

uncovered tanks to prevent overtopping 

by wave or wind action or by 

precipitation. Such practices are 

necessary to prevent the release of the 

hazardous waste or hazardous 

constituents to air, soil, or water, which 

could threaten human health and the 

environment. 

As mentioned above, an emergency 

coordinator (in compliance with 

proposed § 262.16(b)(9)(i)) must be 

identified for the duration of the 

episodic event on the notification form. 

A CESQG taking advantage of this 

provision would also need to notify the 

local fire department of who their 

emergency coordinator was if they had 

not done so already for other emergency 

preparedness and planning reasons. An 

emergency coordinator is needed 

because the CESQG will be generating 

greater amounts of hazardous waste 

than normal and, should an accident 

occur, the emergency coordinator would 

need to be prepared to handle the 

situation. 

EPA believes these management 

standards are necessary to adequately 

protect human health and the 

environment because of the additional 

quantities of hazardous waste generated 

and accumulated as a result of an 

episodic event. The Agency, however, 

seeks comment on these proposed 

management standards. In particular, 

the Agency is aware of concerns 

expressed by generators in the past that 

the marking and labeling of tanks with 

the date the generator first began 

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115RCRA Hotline Q & A, February 1996, RCRA 

Online 13778. 

accumulating hazardous waste could 

prove problematic since the tank could 

have numerous markings on it. (See 

comments found in RCRA Docket EPA– 

HQ–RCRA–2008–0678 in response to 

EPA’s Technical Corrections Direct 

Final rule, 75 FR 12989.) The Agency 

has responded to this concern by 

allowing generators to use log books and 

other means to identify the hazardous 

waste accumulation start date. However, 

the Agency is proposing that CESQGs 

(and SQGs) label their tanks with the 

words ‘‘Episodic Hazardous Waste’’ so 

that emergency responders and others 

are readily aware of the tank’s contents 

and situation. The Agency requests 

comment on whether this requirement 

could also prove problematic, and if so, 

why, and what cost-effective 

alternatives exist to address those 

concerns and still allow emergency 

responders, inspectors, workers, etc. to 

be readily aware of the tank’s hazardous 

waste contents. 

Under the existing regulations, 

CESQGs may not treat hazardous waste 

generated on site in a manner equivalent 

to SQGs and LQGs under § 262.34, 

except in an on-site elementary 

neutralization unit. Elementary 

neutralization units, as defined in 

§ 260.10, are exempt from RCRA 

treatment, storage, and disposal 

standards and permitting requirements. 

The elementary neutralization unit 

exclusion does not preclude a CESQG 

from treating waste in the exempt unit 

as long as the generator meets the 

criteria outlined in §§ 264.1(g)(6), 

265.1(c)(10), and 270.1(c)(2)(v). 

Specifically, the elementary 

neutralization unit must meet the 

definition of a container, tank, tank 

system, transport vehicle, or vessel, and 

must be used for neutralizing wastes 

that are hazardous only because of the 

corrosivity characteristic.115

Considering that CESQGs will be 

required to meet additional waste 

management requirements under this 

proposed rule for episodic generation, 

the Agency seeks comment on whether 

CESQGs taking advantage of this 

provision should be allowed to treat 

their episodic hazardous waste on site 

in a manner equivalent to SQGs and 

LQGs at § 262.34. In particular, the 

Agency seeks comment on whether the 

volume of hazardous waste generated 

from an episodic event exceeds the 

capacity and expertise of CESQGs, 

which are accustomed to managing 

smaller quantities of hazardous waste, 

and whether the Agency should identify 

a select list of allowable types of 

treatment that would not pose a risk to 

human health and the environment. 

b. Manifest use by CESQGs and 

management at a RCRA-designated 

facility. EPA is proposing to require 

CESQGs to manifest the hazardous 

waste generated from an episodic event 

and send it to a RCRA-designated 

facility. Under current regulations, 

CESQGs are not required to manifest 

their hazardous waste to a RCRAdesignated facility, but can ship them 

without a manifest and to one of seven 

types of facilities listed in § 261.5(f)(3). 

Because the CESQG will be generating 

quantities of hazardous waste that 

exceed its normal generator category 

thresholds, the Agency believes the use 

of a hazardous waste manifest and the 

shipment of the hazardous waste to a 

RCRA-designated facility is necessary to 

protect human health and the 

environment. However, the condition to 

manifest the hazardous waste and send 

it off site to a RCRA-designated facility 

would only apply to the hazardous 

waste generated as a result of the 

episodic event. The condition would 

not apply, unless if for economic or 

logistical reasons, the CESQG desired to 

ship off site to a RCRA-designated 

facility all hazardous waste generated 

and accumulated either as a result of the 

episodic event, independent of the 

episodic event, or prior to the event. 

c. Accumulation standards for SQGs. 

Under the current regulations, SQGs 

must comply with the waste 

accumulation, waste management, 

employee training, and emergency 

preparedness and prevention conditions 

at 40 CFR 262.34 (d)–(f) with references 

to 40 CFR 265 subparts C, I, and J in 

order to accumulate hazardous waste 

without a RCRA storage permit or 

compliance with interim status 

standards. SQGs may not take advantage 

of this proposed episodic generation 

provision for wastes accumulated on 

drip pads or in containment buildings 

although EPA does seek comment on 

allowing episodic event wastes to be 

accumulated in these units prior to 

sending the hazardous waste off-site for 

treatment and disposal to a RCRA 

designated facility. Under this proposed 

rule, EPA is proposing to require an 

SQG that generates episodic hazardous 

waste that would cause the SQG to 

exceed their generator category limits 

for the calendar month to comply with 

certain standards for containers and 

tanks if it desires to take advantage of 

the episodic generator provision. 

When accumulating hazardous waste 

generated as a result of an episodic 

event in containers, the SQG would be 

required to mark its containers with the 

following: (1) The words ‘‘Episodic 

Hazardous Waste’’; (2) other words that 

identify the contents of the containers— 

examples may include, but are not 

limited to the name of the chemical(s), 

such as ‘‘acetone’’ or ‘‘methylene 

dichloride,’’ or the type or class of 

chemical, such as ‘‘organic solvents’’ or 

‘‘halogenated organic solvents’’ or, as 

applicable, the proper shipping name 

and technical name markings used to 

comply with DOT requirements at 49 

CFR part 172 subpart D; and (3) an 

indication of the hazards of the contents 

of the container—examples of hazards 

include, but are not limited to, the 

applicable hazardous waste 

characteristic(s) (i.e., ignitable, 

corrosive, reactive, toxic). In the case of 

hazardous wastes ultimately treated and 

disposed of off-site, the generator could 

use a hazard class label consistent with 

the DOT requirements at 49 CFR part 

172 subpart E (labeling), a label 

consistent with the OSHA Hazard 

Communication Standard at 29 CFR 

1920.1200, a chemical hazard label 

consistent with the NFPA code 704, or 

a hazard pictogram consistent with the 

United Nations’ GHS. Generators also 

may use any other marking or labeling 

commonly used nationwide in 

commerce that would alert workers and 

emergency responders to the nature of 

the hazards associated with the contents 

of the containers. 

These standards are the same as those 

for SQGs accumulating hazardous 

wastes in containers in the course of 

normal business operations and are 

necessary to protect human health and 

the environment. In addition to these, 

the SQG would be required to mark the 

date that the episodic event began 

clearly on each container. 

For tanks, the SQG would be required 

to mark or label the tank containing 

hazardous waste accumulated during 

the event with the words ‘‘Episodic 

Hazardous Waste’’ and would be 

required to use inventory logs, 

monitoring equipment, or other records 

to identify the contents of the tank and 

the associated hazards and to identify 

the date that the episodic event began 

and ended. The generator would need to 

have records containing this 

information immediately accessible. 

In addition, the SQG would need to 

comply with all the conditions of the 

exemption in § 262.34 (d) through (f) 

with references to 40 CFR 265 subparts 

C, I, and J, part 268 land disposal 

restrictions (§ 262.16 under the 

proposed reorganization)—that is, the 

waste accumulation, waste 

management, employee training, and 

emergency preparedness and prevention 

conditions. 

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d. Manifest use by SQGs. As under the 

current regulations, EPA is proposing 

that SQGs manifest the hazardous waste 

generated from an episodic event and 

send it to a RCRA-designated facility, 

unless the waste is managed on site. The 

Agency believes the use of a hazardous 

waste manifest and shipment of the 

hazardous waste to a RCRA-designated 

facility is necessary to protect human 

health and the environment. However, 

unlike CESQGs, the use of the 

hazardous waste manifest would apply 

not only to the wastes generated from 

the episodic event, but all other 

hazardous wastes the SQG generates 

within its generator category. 

5. Forty-five (45) Days or Less Would be 

Allowed to Treat and Dispose of 

Hazardous Wastes On Site (SQGs) or 

Manifested and Shipped Off Site 

(CESQGs or SQGs) to a RCRADesignated Facility 

The Agency is proposing to allow 

SQGs and CESQGs 45 calendar days to 

initiate and complete an episodic event, 

which includes generation, 

accumulation and management (e.g., 

recycling, treatment and disposal— 

either on site, such as waste 

neutralization in a container, or off site 

at a RCRA-designated facility) of all 

hazardous waste resulting from the 

episodic event. The Agency believes 45 

days is sufficient time for a generator to 

complete management of the hazardous 

waste from the time that the generator 

begins generating and accumulating the 

hazardous waste. However, as discussed 

below, a CESQG or SQG can petition the 

Agency for additional time to complete 

the generation and removal of the 

hazardous waste during the episodic 

event, if necessary. 

6. Recordkeeping 

Finally, generators would need to 

keep the following information in their 

records: (1) Beginning and end dates of 

the episodic event; (2) a description of 

the episodic event; (3) a description of 

the types and quantities of hazardous 

wastes generated during the episodic 

event; (4) a description of how the 

hazardous waste was managed as well 

as the name of the RCRA designated 

facility that received the hazardous 

waste; (5) name(s) of hazardous waste 

transporters, as appropriate; (6) an 

approval letter from EPA, if the 

generator successfully petitioned to 

conduct an additional episodic event 

during the calendar year; and (7) an 

approval letter from EPA, if the 

generator successfully petitioned for an 

additional 30 calendar day extension. 

These records would need to be 

maintained on site by the generator for 

three years from the completion date of 

each episodic event. 

EPA believes the recordkeeping 

condition is critical to enable effective 

and credible oversight. We also believe 

that the information to be maintained is 

the minimum information necessary to 

determine that any hazardous waste 

generated during the episodic event is 

managed properly. 

7. Petitions 

a. Petition To Request one Additional 

Episodic Event 

While the Agency believes that most 

generators will experience an episodic 

event infrequently, we also recognize 

that there may be situations, often 

unexpected, where a hazardous waste 

generator may have more than one 

episodic event within a calendar year, 

such as an unexpected product recall, a 

major spill, or an act of nature. 

Therefore, the Agency is proposing to 

allow CESQGs and SQGs to petition 

EPA (at least 30 days before initiating a 

planned episodic event and within 24 

hours after an unplanned event) for 

permission to manage one additional 

episodic event without impacting the 

hazardous waste generator category. The 

petition must include (1) the reason 

why an additional episodic event is 

needed and the nature of the episodic 

event; (2) the estimated amount of 

hazardous waste to be managed from the 

event; (3) how the hazardous waste is to 

be managed; (4) the estimated length of 

time needed to complete management of 

the hazardous waste generated from the 

episodic event—not to exceed 45 days; 

and (5) information regarding previous 

episodic event(s) managed by the 

generator and whether it complied with 

the proposed conditions. EPA will then 

evaluate this and other site-specific 

information to determine whether a 

generator should be allowed to initiate 

a second episodic event under the 

proposed alternative standards. The 

petition by the generator may be made 

via fax, email, or letter. The generator 

may not manage hazardous waste for an 

additional episodic event until written 

approval by EPA (or the authorized 

state) has been received. The generator 

must retain written approval in its 

records for three years from the date the 

episodic event ended. 

b. Petition To Request Additional Time 

To Complete an Episodic Event 

Events may arise, particularly 

unplanned events, such as an ‘‘act of 

nature,’’ where 45 days is insufficient to 

complete the event. The Agency is 

proposing to allow generators to petition 

EPA for an additional 30 days to 

complete the generation and removal of 

hazardous waste, if needed. The petition 

must include (1) the nature of the 

episodic event; (2) the estimated amount 

of hazardous waste to be managed from 

the event; and (3) and the generator’s 

rationale for needing an extension for an 

additional 30 days beyond the 45-day 

limit to complete the episodic event. 

EPA will then evaluate the generator’s 

request to determine whether it should 

be allowed up to an additional 30 days 

to complete the episodic event. For 

example, a situation may exist where a 

hazardous waste transporter cannot 

arrive and remove hazardous waste 

generated until the 46th day because of 

unforeseen problems with its truck or 

the generator did not foresee problems 

with completing a tank cleanout 

because cleanout equipment failed to 

operate. These are all site-specific 

situations that EPA or authorized state 

would evaluate when making its 

decision. The generator cannot go 

beyond the 45-day limit unless written 

approval by EPA has been received. 

The generator would need to petition 

EPA for approval at least 15 days before 

the original end date of the episodic 

event. The petition by the generator may 

be made via fax, email, or letter. The 

generator must retain written approval 

in its records for three years from the 

date the episodic event ended. 

Should the generator request an 

extension from the Agency or 

authorized state with less than 15 days 

remaining and be denied the extension, 

then the generator would have to 

remove all hazardous wastes generated 

as a result of the episodic event as of the 

specified end date in its notification or 

be in violation of its exemption. 

Unlike rulemaking petitions in part 

260 subpart C of the hazardous waste 

regulations, the Agency is not proposing 

to have a notice and comment period for 

granting an episodic event or an 

extension. The Agency believes a 

generator’s actions and performance 

will dictate approval or disapproval of 

a generator’s request. In addition, in 

some cases a timely response to these 

requests is critical, especially with 

requests for extension. Taking notice 

and comment would delay that 

response. 

8. Tracking and Accounting for 

Hazardous Waste Generation and 

Accumulation as a Result of an Episodic 

Event Along With Normal Production 

Operations 

In practice, a generator taking 

advantage of this rule, in particular a 

CESQG or SQG, must track and monitor 

the start and end dates of the episodic 

event in conjunction with the date the 

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116Note that it would not matter how much the 

CESQG had generated during a calendar month in 

which the episodic event begins because all of that 

hazardous waste is now folded into the hazardous 

waste generated as a result of the episodic event. 

Otherwise, the rule would not work from a practical 

viewpoint. 

calendar month ends to ensure 

compliance with all RCRA regulatory 

provisions associated with waste 

generation and management. An 

example may be the best way of 

explaining how this rule would work. 

A CESQG could have a number of 

facility operations (e.g., tank cleanouts, 

disposal of off-spec products it cannot 

sell or reclaim, repair work involving 

the removal of lead paint chips) that 

will often result in a temporary change 

in its regulatory category. The CESQG 

decides to notify its authorized state two 

months prior (as well as identifying a 

point of contact and emergency 

coordinator) that it will initiate the 

planned episodic event on July 20 and 

take advantage of the full 45 days 

allowed to conduct the event and end 

on September 2. Beginning on July 20, 

the generator must comply with all of 

the regulatory standards of subpart L 

discussed above to maintain its 

exemption as a CESQG. Under this 

example, if the generator complies with 

subpart L, it need not be concerned 

about the total amount of hazardous 

waste it will generate in the calendar 

months of July and August (e.g. 100 kg 

or less) or whether it will exceed the 

hazardous waste accumulation total of 

less than 1,000 kilograms associated 

with a CESQG. 

However, on or before September 2, 

the generator must remove and dispose 

of all the hazardous wastes it generated 

over the course of the last 45 days that 

represented the episodic event. 

Provided the generator meets that 

deadline, that waste would not count 

when determining the generator’s status. 

In this example, the generator chooses 

to also dispose of waste generated from 

its normal operations by September 2. In 

this case, it would then not count that 

waste in determining its generator status 

for July, August, and September. The 

CESQG would then estimate the 

quantity of hazardous waste it generates 

and accumulates for the remainder of 

September (starting on September 3 

until the end of the month) to determine 

its regulatory category. 

If the generator decides to separate 

out normal production operations from 

episodic event operations, then the 

waste from normal operations is 

counted each month to determine the 

generator’s status. For example, assume 

the generator at the beginning of the 

episodic event had accumulated 950 kg 

of hazardous waste and proceeds to 

accumulate another 75 kg over the 

course of the 45-day episodic event that 

is associated with normal operations.116

On September 3, if the generator had not 

disposed of that 1,025 kg of hazardous 

waste along with all of the episodic 

event hazardous wastes it generated and 

accumulated, then it would have 

violated the accumulation provision of 

a CESQG at 40 CFR 261.5(g)(2) (e.g., less 

than 1,000 kg) and would be in violation 

of the conditions of the CESQG 

exemption. A similar concern might 

occur if the generator generated 101 kg 

of hazardous wastes on September 1 and 

2 from normal operations and did not 

dispose of it by September 2 with the 

waste from the episodic event. The 

generator would not be in compliance 

with the CESQG threshold for the 

calendar month and would be required 

to comply with the SQG conditions for 

exemption or be in violation of the 

exemption. 

There are numerous variations on the 

above example (e.g., request to extend 

the length of time for the episodic event, 

etc.) that a generator would have to be 

aware of when it ended its episodic 

event to avoid exceeding waste 

generation totals for the calendar month 

or waste accumulation limitation totals. 

9. An Episodic Event Involving Two 

Calendar Years 

An episodic event may also involve 

overlapping two calendar years. The 

Agency is proposing that the generator 

count all the waste from the episodic 

event in the year with the most days 

involved in the episodic event. In other 

words, if the episodic event begins on 

December 16 of year 1 and ends on 

January 30 of year 2, the waste would 

count in year 2. 

C. Request for Comment 

The Agency requests comment on its 

proposed approach for addressing 

hazardous waste generated during an 

episodic event. Specifically, the Agency 

requests comment on whether the 

overall approach proposed would assist 

generators and allow a CESQG or SQG 

to maintain its generator category and 

not be bumped up into a more stringent 

generator category temporarily. 

EPA also requests comment on the 

number of episodic events that would 

be allowed under these proposed 

alternative regulations. As stated above, 

we are proposing to allow CESQGs and 

SQGs to take advantage of this 

alternative regulatory framework for one 

episodic event per calendar year, with 

the ability to petition EPA for one 

additional event per calendar year. EPA 

is interested in ideas on how best to 

structure this alternative framework in 

terms of identifying a reasonable 

number of episodic events allowed per 

year and identifying an appropriate time 

period allowed to conduct and manage 

the hazardous waste from an episodic 

event in a way that would be effective 

while still ensuring protection of human 

health and the environment. 

Additionally, the Agency requests 

comment regarding its proposed 

conditions for CESQGs and SQGs 

managing hazardous waste generated 

from the episodic event, such as the 

proposed 45-day limit to generate and 

manage the waste and the ability for 

CESQGs and SQGs to petition the 

Agency for one additional episodic 

event per calendar year or an additional 

30 days to complete an episodic event. 

The Agency also requests comment on 

whether the proposed conditions for 

CESQGs and SQGs are reasonable and 

sufficient to protect human health and 

the environment. 

Finally, the Agency requests comment 

on whether to allow a CESQG or SQG 

to accumulate hazardous waste either 

on a drip pad or in a containment 

building in compliance with 40 CFR 

part 265 subparts W and DD, 

respectively, as a result of an episodic 

event. As proposed, the Agency has 

focused on hazardous wastes 

accumulated in containers or tanks as a 

result of an episodic event since almost 

all CESQGs and SQGs accumulate waste 

in containers with a small percentage 

accumulated in tanks. However, there 

may be circumstances that lend 

themselves to a CESQG or SQG 

accumulating hazardous wastes on a 

drip pad or in a containment building. 

Effect of the Proposed Reorganization: 

This section is not affected by the 

proposed reorganization. 

X. Proposed Revisions to 40 CFR Part 

263—Standards Applicable to 

Transporters of Hazardous Waste 

The current regulations at § 263.12 for 

transporters handling hazardous waste 

at a transfer facility for ten days or less 

state that the transporter is not subject 

to the storage regulations in 40 CFR 

parts 264, 265, 267, 268 and 270. In 

addition, the regulation stipulates that 

containers that hold hazardous waste 

must meet the provisions in § 262.30 

that reference DOT’s packaging 

regulations at 49 CFR parts 173, 178, 

and 179. 

The Agency is proposing to change 

the marking and labeling requirements 

for transporters handling hazardous 

waste at transfer facilities, found at 

§ 263.12, to be consistent with the 

proposed changes for marking and 

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117EPA is proposing to move these provisions as 

a part of the reorganization of the generator 

regulations. They can be found in the proposed 

regulatory text at the following citations: SAAs— 

§ 262.15(a)(1)(iv); SQGs—§ 262.16(b)(6)(i); and 

LQGs—§ 262.17(a)(5). 

118Closure cost estimates must be submitted in 

accordance with § 264.142 or 265.142 which 

requires owners or operators using the financial test 

or corporate guarantee to update closure costs for 

inflation within 30 days after the close of the firm’s 

fiscal year and before submission of updated 

information to the Regional Administrator under 

§ 264.143(f)(3) or 265.143(e)(3), respectively. 

Additionally, disposal facilities must submit the 

most recent post-closure cost estimate under 

§ 264.144 or 265.144, which requires owners or 

operators using the financial test or corporate 

guarantee to update for inflation within 30 days 

labeling conditions for containers for 

SQGs, for LQGs, and in SAAs.117 In 

addition to these proposed changes, 

EPA is also proposing to require that 

containers of hazardous waste at 

transfer facilities be labeled prior to 

being transported off site to a RCRAdesignated facility with the applicable 

EPA hazardous waste number(s) (EPA 

hazardous waste codes), which will 

help the TSDF receiving the hazardous 

waste comply with the LDR regulations 

in 40 CFR part 268. The Agency is 

proposing these modifications to ensure 

that hazardous wastes are appropriately 

labeled and marked throughout 

transportation to a RCRA-permitted or 

interim status TSDF or to another 

transfer facility. 

Specifically, EPA is proposing that 

transporters storing hazardous wastes in 

containers at transfer facilities mark the 

containers with the following: (1) The 

words ‘‘Hazardous Waste’’; (2) the 

applicable EPA hazardous waste 

number(s) (EPA hazardous waste codes) 

in subparts C and D of part 261; (3) 

other words that identify the contents of 

the containers—examples may include, 

but are not limited to the name of the 

chemical(s), such as ‘‘acetone’’ or 

‘‘methylene dichloride’’; or the type or 

class of chemical, such as ‘‘organic 

solvents’’ or ‘‘halogenated organic 

solvents’’ or, as applicable, the proper 

shipping name and technical name 

markings used to comply with DOT 

requirements at 49 CFR part 172 subpart 

D; and (4) an indication of the hazards 

of the contents of the container— 

examples of which include, but are not 

limited to, the applicable hazardous 

waste characteristic(s) (i.e., ignitable, 

corrosive, reactive, toxic); a hazard class 

label consistent with the DOT 

requirements at 49 CFR part 172 subpart 

E (labeling); a label consistent with the 

OSHA Hazard Communication Standard 

at 29 CFR 1920.1200; a chemical hazard 

label consistent with the NFPA code 

704; or a hazard pictogram consistent 

with the United Nations’ GHS. Transfer 

facilities also may use any other 

marking and labeling commonly used 

nationwide in commerce that would 

alert workers and emergency responders 

to the nature of the hazards associated 

with the contents of the containers. 

A transfer facility may choose to use 

an appropriate DOT proper shipping 

name found in the 49 CFR 172.101 

hazardous materials table to identify the 

contents of the container. That way, the 

transfer facility will fulfill EPA and 

DOT requirements simultaneously; 

however, EPA is not proposing to 

require the use of the DOT shipping 

names while the hazardous waste is 

accumulating on-site. We only suggest 

that the DOT shipping name may be one 

way that some generators may choose to 

identify the contents of the container. 

As previously discussed, the Agency 

believes providing this information on 

the container will alert workers and 

other handlers to the contents of the 

container and the potential hazards of 

the materials therein. This information 

increases the awareness of workers and 

others who might come into contact 

with the hazardous waste in the 

containers and reduces potential 

adverse impacts from container 

mismanagement. The Agency does not 

believe this proposed change will 

adversely impact transfer facility 

operations since similar marking and 

labeling standards are proposed for 

hazardous waste generators. One 

difference, however, is the inclusion of 

the EPA hazardous waste number in the 

list of labeling requirements. Although 

generators are not required to have the 

EPA hazardous waste number on the 

hazardous waste while accumulating it, 

we are proposing in this rulemaking that 

generators must include the EPA 

hazardous waste number on the label 

before transporting the hazardous waste 

off site, so when a container arrives at 

the transfer facility it should already 

have the EPA hazardous waste number 

on its label. 

Given that containers received by the 

transfer facility will already be marked 

and labeled by the generator, the 

Agency believes the additional burden 

on the transfer facility will be minimal. 

However, there may be situations where 

the transporter would be required to 

mark and label a container. One 

example of when a transfer facility 

would be required to mark and label its 

containers would be when it 

consolidates two containers with the 

same hazardous waste into a new 

container or when it is able to combine 

and consolidate two different hazardous 

wastes that are compatible with each 

other and are able to be subsequently 

managed consistently in compliance 

with the applicable regulations in parts 

264, 265, 267, 268 and 270 of this 

chapter. 

The Agency requests comment on this 

proposed change, particularly the 

identification of any unintended 

problems from this requirement. 

Effect of the Proposed Reorganization: 

This section is not affected by the 

proposed reorganization. 

XI. Proposed Revisions to 40 CFR Parts 

264 and 265—Standards for Owners 

and Operators of Hazardous Waste 

Treatment, Storage, and Disposal 

Facilities and Interim Status Standards 

for Owners and Operators of 

Hazardous Waste Treatment, Storage, 

and Disposal Facilities 

The Agency is proposing to modify 

the biennial report requirements for 

facilities subject to 40 CFR 264.75 and 

40 CFR 265.75 and the special 

requirements for ignitable and reactive 

wastes at 40 CFR 265.176. 

A. Proposed Changes to Biennial 

Reporting Requirements (40 CFR 264.75 

and 40 CFR 265.75) 

EPA is proposing to modify the 

regulations at §§ 264.75 and 265.75 to 

eliminate the list of specific data 

elements and to require the completion 

and submission of all data elements in 

the biennial report form (EPA form 

8700–13). 

Section 264.75 currently requires that 

the biennial report include a specific list 

of data elements, including the name, 

address, and EPA ID number of the 

generator and each transporter and 

TSDF, the EPA hazardous waste number 

for each hazardous waste shipped off 

site, and a signed certification, among 

other things. 

Section 265.75 includes the above 

data elements as well as requiring 

monitoring data under § 265.94(a)(2)(ii) 

and (iii), and (b)(2), where required. 

Similar to the approach EPA is 

proposing for the biennial reporting 

requirements for LQGs in § 262.41, EPA 

believes removing the specific data 

elements in the regulations and 

replacing it with a requirement to 

complete and submit all the data 

elements required in the biennial report 

form will ensure that the regulations 

and forms remain consistent. For 

example, the existing regulations 

require closure cost information and, at 

§ 265.75(f), groundwater monitoring 

data under § 265.94(a)(2)(ii) and (iii), 

and (b)(2) to be submitted as part of the 

biennial report; however, these data 

elements are not collected on EPA’s 

current biennial reporting form 8700– 

13.118 Thus, EPA believes removing this 

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after the close of the firm’s fiscal year and before 

the submission of updated information to the 

Regional Administrator. Groundwater monitoring 

data must be submitted in accordance with 

§ 265.94(b)(2), which requires the owner or operator 

to submit annually, until final closure of the 

facility, to the Regional Administrator a report 

containing the results of the groundwater quality 

assessment program no later than March 1 

following each calendar year. 

119The Agency is not proposing to modify 

§ 265.176 to allow interim status facilities to apply 

for a site-specific waiver from their local fire 

department if they are unable to meet the hazardous 

waste accumulation property line condition. 

list from the regulations will help 

TSDFs understand what EPA currently 

requires to be submitted as part of the 

biennial report. This approach 

eliminates the need to update the list of 

specific required data elements through 

rulemaking and reduces duplication 

with review and approval processes 

established under the PRA. 

EPA does not believe this change in 

any way affects the enforceability of the 

biennial report regulations. Owners and 

operators must complete and submit 

EPA form 8700–13. 

EPA also notes that some states 

develop their own state biennial report 

forms. EPA does not believe this 

proposed change would impact a state’s 

ability to use their own biennial report 

forms or to collect more information 

than is required by the federal forms. 

Authorized states that use a different 

form for collecting biennial report 

information would simply refer to their 

authorized state form in their state 

regulations. Additionally, EPA is aware 

that some states use their state biennial 

report form as a vehicle for collecting 

closure cost data, required to be 

submitted under § 264.142, and 

groundwater monitoring data, required 

to be submitted under § 264.97(j). 

Because the existing federal regulations 

already specify collection of this 

information, EPA would not consider 

states that continue collecting this data 

using their state authorized biennial 

report form to be more stringent than 

the federal program. 

Additionally, as discussed in section 

VIII.L of this preamble, EPA is 

proposing to modify the phrase 

‘‘prepare and submit,’’ which is the 

existing language in §§ 264.75 and 

265.75, to ‘‘complete and submit’’ 

because the Agency believes that 

‘‘complete and submit’’ more accurately 

reflects that facilities must complete all 

applicable elements of the biennial 

report forms. 

The Agency requests comment on 

these proposed changes to §§ 264.75 and 

265.75. EPA also specifically requests 

whether commenters believe the 

proposed change to eliminate the 

specific data elements in these 

regulations will ease compliance and 

understanding of the current biennial 

reporting procedures. 

Effect of the Proposed Reorganization: 

This section is not affected by the 

proposed reorganization. 

B. Special Requirements for Ignitable 

and Reactive Wastes 

Sections 262.34(a)(1)(i) and 

262.34(d)(2) contain conditions for 

exemptions for LQGs and SQGs that 

accumulate hazardous waste on site for 

up to 90 or 180 days without a permit. 

These regulations both reference part 

265 subpart I, which contains 

regulations for owners and operators of 

interim status hazardous waste facilities 

that store hazardous waste in 

containers. 

The LQG conditions in 

§ 262.34(a)(1)(i) reference § 265.176. 

Section 265.176 states that containers 

holding ignitable or reactive waste must 

be located at least 15 meters (50 feet) 

from the facility’s property line. SQGs 

are not required to comply with this 

provision. 

In some cases, to comply with this 

standard for ignitable and reactive 

wastes, LQGs may modify their 

production feedstocks or production 

processes to generate a waste that is not 

an ignitable or reactive hazardous waste 

or reexamine the site’s layout to identify 

alternative accumulation areas. 

However, there are some cases where it 

may not be physically possible to meet 

this standard, particularly if the width 

of the site is 100 feet or less or when the 

generator’s operations have expanded 

such that it no longer has the ability to 

accumulate ignitable or reactive waste at 

least 15 meters (50 feet) from the site’s 

property line. Insurance companies and 

local fire departments often assist 

hazardous waste generators in 

minimizing their environmental hazards 

and liabilities, but site dimensions may 

sometimes physically prevent a facility 

from complying with this condition. 

Therefore, the Agency is proposing to 

modify the regulatory text for generators 

to allow LQGs to apply for a sitespecific waiver from their local fire 

department if they are unable to meet 

the hazardous waste accumulation 

property line condition.119 The 

proposed change would require LQGs to 

obtain a waiver from this provision, in 

writing, from local fire departments. 

LQGs would then be required to keep 

the written waiver in their records. In 

addition, as part of the reorganization of 

the generator regulations, discussed in 

section XIII of the preamble, we are also 

including this provision directly in the 

LQG accumulation regulations. 

Because it is the local fire department 

that has the expertise to address this 

problem when it arises, EPA is relying 

on those local fire departments to work 

with the generators on any waivers that 

may be requested and on finding the 

most appropriate place on site to 

accumulate this hazardous waste. 

Section 265.176 contains a comment 

that references § 265.17(a) and states 

that there are additional requirements in 

that section, which also contains 

provisions for ignitable, reactive, and 

incompatible wastes. The Agency is also 

proposing to incorporate the language 

from existing § 265.17(a) into 

§ 262.17(a)(1)(vi)(B) of the generator 

regulations. EPA is proposing to replace 

the words ‘‘owner and operator’’ with 

‘‘large quantity generator’’ as part of this 

revision. By eliminating the crossreferences, generators should be able to 

more easily discern what provisions are 

applicable and therefore should be 

better able to properly manage any 

ignitable or reactive hazardous waste. 

The Agency seeks comment on the 

proposed addition of this language to 

the generator conditions for exemption, 

as well as the change to allow LQGs to 

seek a waiver from the provision that 

containers holding hazardous waste 

must be located at least 15 meters (50 

feet) from the property line. 

Specifically, EPA requests comment on 

whether this waiver option provides a 

sufficient level of protection for the 

facility and the surrounding community 

and whether generators would benefit 

from the increased flexibility. 

Additionally, EPA requests comment on 

whether it is appropriate to delegate the 

responsibility for issuing waivers in this 

case to the fire department and whether 

EPA should promulgate criteria that 

must be met as a condition of the waiver 

as part of this provision. For example, 

conditions may include a limit on the 

amount of ignitable or reactive 

hazardous waste that could be 

accumulated at any time or a 

requirement that the facility have 

certain technical controls, such as fire 

suppression devices or walls that meet 

a certain fire-resistance rating. 

Furthermore, EPA requests comment on 

whether the insertion of the language 

from § 265.17(a) in this section is 

helpful. 

Finally, EPA requests comment on 

whether including a waiver to the 

provision for ignitable and reactive 

wastes would also be appropriate for 

interim status facilities or for permitted 

facilities in §§ 264.176 and 265.176. 

Effect of the Proposed Reorganization: 

This section is affected by the proposed 

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120EPA is proposing to move some of these 

provisions as a part of the reorganization of the 

generator regulations. They can be found in the 

proposed regulatory text at the following citations: 

SAAs—§ 262.15(a)(1)(iv); SQGs—§ 262.16(b)(6)(i); 

and LQGs—§ 262.17(a)(5)(i). 

121EPA is proposing to rename CESQGs to 

VSQGs (very small quantity generators). For a 

detailed discussion on this proposed change see 

section VI.B of this preamble. 

reorganization. The revised language 

would appear directly in 

§ 262.17(a)(1)(vi) as a condition for 

exemption for LQGs, rather than being 

located in 40 CFR part 265 subpart I and 

referenced from the generator 

regulations. The reorganization is 

discussed in section XIII of this 

preamble. 

XII. Proposed Revisions to 40 CFR Part 

268—Land Disposal Restrictions 

The Agency is proposing to change 

the regulations on marking and labeling 

of containers by the owner/operator of 

a hazardous waste TSDF in § 268.50 to 

be consistent with the proposed 

marking and labeling changes for LQGs, 

for SQGs, for SAAs, and for transfer 

facilities.120 EPA is also proposing to 

require that containers be labeled with 

the applicable EPA hazardous waste 

number(s) (EPA hazardous waste codes), 

which help the TSDF comply with the 

LDR regulations. More specifically, the 

Agency is proposing to modify 

§ 268.50(a)(2)(i), which states that one of 

the requirements for storing hazardous 

wastes restricted from land disposal is 

that each container is clearly marked to 

identify its contents and the date each 

period of accumulation begins. 

Consistent with the other proposed 

changes that clarify the contents and 

hazards posed by the contents of 

hazardous waste in containers, the 

Agency is proposing to modify this 

language to state that each container 

must be clearly marked with (1) the 

words ‘‘Hazardous Waste’’; (2) the 

applicable EPA hazardous waste 

number(s) (EPA hazardous waste codes) 

in subparts C and D of part 261; (3) 

other words that identify the contents of 

the containers—examples may include, 

but are not limited to the name of the 

chemical(s), such as, ‘‘acetone’’ or 

‘‘methylene dichloride’’; or the type or 

class of chemical, such as ‘‘organic 

solvents’’ or ‘‘halogenated organic 

solvents’’ or, as applicable, the proper 

shipping name and technical name 

markings used to comply with DOT 

requirements at 49 CFR part 172 subpart 

D; (4) an indication of the hazards of the 

contents of the container (examples 

include, but are not limited to, the 

applicable hazardous waste 

characteristic(s) (i.e., ignitable, 

corrosive, reactive, toxic); a hazard class 

label consistent with the Department of 

Transportation requirements at 49 CFR 

part 172 subpart E (labeling); a label 

consistent with the Occupational Safety 

and Health Administration Hazard 

Communication Standard at 29 CFR 

1920.1200; a chemical hazard label 

consistent with the National Fire 

Protection Association code 704; or a 

hazard pictogram consistent with the 

United Nations’ Globally Harmonized 

System); or any other marking or 

labeling commonly used nationwide in 

commerce that would alert workers and 

emergency responders to the nature of 

the hazards associated with the contents 

of the containers. The Agency will 

continue to require each container to be 

clearly marked with the date each 

period of accumulation begins. 

The Agency believes this proposed 

change will not adversely impact 

facility operations. In fact, because these 

are consistent with the requirements for 

marking and labeling that are proposed 

elsewhere in the regulations, we believe 

it will be easier for all those who 

manage the hazardous waste to know 

and comply with the consistent system 

of marking and labeling. In addition, a 

clear description of what material is in 

each container makes the facility safer 

for employees, first responders, and the 

public. The Agency requests comment 

on this proposed change. 

Effect of the Proposed Reorganization: 

This section is not affected by the 

proposed reorganization. 

XIII. Proposed Reorganization of 

Hazardous Waste Generator 

Regulations 

EPA is proposing to reorganize the 

hazardous waste generator regulations 

to make them more user-friendly, which 

should facilitate better generator 

compliance. As part of the Agency’s 

2004 Program Evaluation of the 

hazardous waste generator program, the 

most frequent comment by stakeholders 

was to improve the user-friendliness of 

the regulations. 

Although many existing generators 

are familiar with the current regulations, 

every year many generators either enter 

the hazardous waste generator program 

or switch their generator category and 

therefore need to become familiar with 

their obligations. Similarly, an existing 

generator may need to examine a 

particular regulatory citation to ensure it 

is complying with the regulations 

correctly. The Agency believes that 

providing these generators with a userfriendly regulatory framework is an 

effective way to make the regulations 

easier to understand for those who need 

to comply with them. 

Therefore, in response to these 

concerns, EPA is proposing the 

following organizational changes: 

(1) Integrate the generator regulations 

in § 261.5 into the generator regulations 

at part 262 by moving § 261.5 (which 

contains the regulations applicable to 

CESQGs, counting of hazardous waste, 

and mixing of hazardous wastes with 

non-hazardous wastes); 

(2) Move the existing regulations at 

§ 262.34 for SQGs and LQGs into three 

new sections: 

(a) Satellite accumulation areas 

regulations for small and large quantity 

generators, 

(b) Conditions for exemption for an 

SQG that accumulates hazardous waste; 

and 

(c) Conditions for exemption for an 

LQG that accumulates hazardous waste; 

(3) Use subtitles in these new 

sections; and 

(4) Where reasonable, incorporate 

regulations that currently cross 

reference part 265 into these new 

sections. 

A. Moving and Integrating Regulations 

from 40 CFR 261.5 into 40 CFR Part 262 

Currently, certain hazardous waste 

generator regulations are located in a 

different part of the regulations (40 CFR 

261.5) from the rest of the generator 

regulations (40 CFR part 262). 

Stakeholders have stated that this 

current organization is confusing and 

not user friendly and have asked EPA to 

move the CESQG regulations in § 261.5 

into part 262 so that all the generator 

regulations are in the same place. The 

Agency believes this reorganization 

would alleviate much confusion in the 

regulated community and, in the 

process, would foster greater 

compliance with the regulations. 

Specifically, EPA is proposing to 

move the definition of a CESQG that 

generates non-acute hazardous waste at 

§ 261.5(a) into the CESQG definition at 

§ 260.10, move § 261.5(c) through (e) to 

a new section at § 262.13 titled 

‘‘Generator category determination’’ and 

move § 261.5(b) and (f) through (j) to a 

new section at § 262.14 titled 

‘‘Conditions for exemption for a very 

small quantity generator.’’ 121

1. Hazardous Waste Generation 

Quantity Limits for CESQGs (40 CFR 

261.5(a) and (e)) 

Currently § 261.5(a) sets forth the nonacute hazardous waste quantity limits 

for a CESQG and § 261.5(e) provides 

quantity limits for generating acute 

hazardous waste and any residue or 

contaminated soil, waste, or other debris 

resulting from the cleanup of a spill of 

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acute hazardous waste. As mentioned 

previously, EPA is now proposing to 

define each category of generator at 

§ 260.10, and, thus, under the 

reorganization, § 261.5(a) and (e) will be 

incorporated into those definitions. 

2. Determining Generator Category (40 

CFR 261.5(c) and (d)) 

Section 261.5(c) and (d) set forth the 

provisions for a hazardous waste 

generator to use in making its generator 

category determination. Every 

hazardous waste generator must 

determine its generator category so it 

knows what regulations are applicable 

to it. Since these regulations are 

applicable to all hazardous waste 

generators, it makes sense to move them 

into 40 CFR part 262 along with the 

other hazardous waste generator 

regulations. To further aid in making the 

regulations more user friendly, the 

Agency is proposing to make a new 

section for generator category 

determination at § 262.13, titled 

‘‘Generator category determination.’’ 

This new section is appropriate because, 

after a generator of a solid waste 

determines it has generated a hazardous 

waste (§ 262.11), the generator must 

then determine its hazardous waste 

generator category for the calendar 

month. Table 3—Crosswalk of Existing 

Citations to Proposed Citations for 

Determining Generator Category 

provides a summary of the crosswalk 

between the existing and proposed 

regulatory citations for determining a 

generator’s category. 

TABLE 3—CROSSWALK OF EXISTING CITATIONS TO PROPOSED CITATIONS FOR DETERMINING GENERATOR CATEGORY

Regulation Existing citation Proposed citation Comment 

Definitions of Generator Categories ................................ §§ 260.10, 261.5 and 

262.34.

§ 260.10 ............................. Current definition of SQG 

in § 260.10 is outdated. 

Current usage of generator categories is based 

on §§ 261.5 and 262.34. 

Hazardous Waste Limits for CESQGs ............................ § 261.5(a) and (e) .............. § 260.10 .............................

Purpose, Scope, and Applicability ................................... § 262.10 ............................. § 262.10 ............................. Not moved, but expanded 

significantly. 

Hazardous Waste Determination and Recordkeeping .... §§ 262.11 and 262.40(c) ... § 262.11 ............................. Content in § 262.11 is expanded and § 262.40(c) 

is incorporated. 

Generator Category Determination ................................. § 261.5(c)–(e) .................... § 262.13 .............................

3. CESQG Conditions for Exemption (40 

CFR 261.5(b) and (f) through (j)) 

Sections 261.5(b) and (f) through (j) 

establish a CESQG’s conditions for 

exemption from regulation as an SQG or 

LQG. More specifically, these 

conditions for exemption establish the 

regulations for accumulating acute and 

non-acute hazardous waste, where the 

acute and non-acute hazardous waste 

may be managed off-site, and what the 

implications are when hazardous waste 

is mixed with solid waste or used oil. 

Since these regulations set forth 

conditions for exemption for CESQGs, 

just as the regulations found in existing 

§ 262.34 set forth conditions for 

exemption for SQGs and LQGs, EPA is 

proposing to move § 261.5(b) and (f) 

through (j) to the newly created § 262.14 

titled, ‘‘Conditions for exemption for a 

very small quantity generator.’’ All these 

regulations would then be located 

parallel to one another in part 262. 

Section 262.14 would also include the 

CESQG landfill ban for liquids. In 

addition, CESQGs who episodically 

generate higher amounts of hazardous 

waste could follow the newly proposed 

standards for episodic generation in part 

262 subpart L in order to maintain their 

CESQG status while managing these 

higher amounts of hazardous waste. 

Table 4—Crosswalk of Existing Citations 

to Proposed Citations for CESQGs 

provides a crosswalk between the 

existing and proposed CESQG 

conditions for exemption. 

TABLE 4—CROSSWALK OF EXISTING CITATIONS TO PROPOSED CITATIONS FOR CESQGS

Regulation Existing citation Proposed citation Comment 

CESQG Definition ............................................................ § 261.5(a) ........................... § 260.10 .............................

Conditions for Exemption for a Very Small Quantity 

Generator.

§ 261.5(b) and (f) through 

(j).

§ 262.14 .............................

CESQG Consolidation by LQGs Within the Same Company.N/A ..................................... § 262.14(a)(3)(viii) .............. Proposed new provision. 

Landfill Ban for Liquids .................................................... § 258.28 ............................. § 262.14(d) .........................

Episodic Generation ........................................................ N/A ..................................... Part 262 subpart L ............ Proposed new provision. 

B. SQG and LQG Conditions for 

Exemption (40 CFR 262.34) 

SQGs and LQGs may accumulate their 

hazardous waste on site without a 

permit or without having interim status 

provided they follow all of the 

conditions for exemption established in 

§ 262.34. Section 262.34 can be difficult 

to navigate because the SQG and LQG 

conditions for exemption are 

intertwined and there are many 

references to sections in 40 CFR part 

265. Therefore the Agency is proposing 

to break § 262.34 into three new sections 

at §§ 262.15, 262.16 and 262.17. Section 

262.15 would establish the conditions 

for exemption for SQGs and LQGs who 

wish to operate an SAA, § 262.16 would 

establish conditions for exemption for 

SQGs, and § 262.17 would establish the 

conditions for exemption for LQGs. 

1. Satellite Accumulation Area 

Conditions for Exemption for SQGs and 

LQGs (40 CFR 262.15) 

Many generators use an SAA at their 

sites. These areas allow generators to 

accumulate hazardous waste near the 

point of generation, which provides for 

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122The portions of § 262.34(d) that state what the 

generation limits are for this category of generator 

would be moved to the definition of ‘‘small quantity 

generator’’ in § 262.10. 

123For a detailed discussion of this proposed 

addition please see section VII.B of this preamble. 

efficiencies and greater safety in the 

handling of hazardous waste. When the 

generator has accumulated 55 gallons of 

hazardous waste (or one quart of acutely 

hazardous waste) in the SAA, the 

generator must then move the hazardous 

waste to the 90- or 180-day central 

accumulation area within three days. 

Currently the conditions for exemption 

for operating an SAA are located at 

§ 262.34(c). The location of this 

provision in the regulations creates 

confusion as to whether it applies to 

LQGs only or both SQGs and LQGs 

because it is located between the 

hazardous waste accumulation 

conditions for LQGs and those for SQGs. 

Therefore, the Agency is proposing to 

move 40 CFR 262.34(c) into its own 

section at § 262.15 titled, ‘‘Satellite 

accumulation area regulations for small 

and large quantity generators.’’ 

Additionally, the Agency is proposing 

to duplicate §§ 265.171, 265.172 and 

265.173(a) (which are currently 

referenced from § 262.34(c)(1)(i)) into 

§ 262.15 in order to eliminate crossreferencing and improve the user 

friendliness of the regulations. Table 5— 

Crosswalk of Existing Citations to 

Proposed Citations for SAAs provides a 

summary of the crosswalk between 

existing and proposed regulations for 

SAAs. 

TABLE 5—CROSSWALK OF EXISTING CITATIONS TO PROPOSED CITATIONS FOR SAAS

Regulation Existing citation Proposed citation 

Satellite Accumulation Area Provisions .................................................. § 262.34(c) ..................................... § 262.15. 

Selected Part 265 Subpart I Provisions .................................................. § 265.171 ....................................... § 262.15(a)(1)(i). 

Selected Part 265 Subpart I Provisions .................................................. § 265.172 ....................................... § 262.15(a)(1)(ii). 

Selected Part 265 Subpart I Provisions .................................................. § 265.173(a) ................................... § 262.15(a)(1)(iii). 

2. Conditions for Exemption for an SQG 

Accumulating Hazardous Waste 

(§ 262.16) 

As previously mentioned, the Agency 

is proposing to create 40 CFR 262.16 

titled, ‘‘Conditions for exemption for a 

small quantity generator that 

accumulates hazardous waste.’’ This 

reorganization would move § 262.34(d) 

through (f) and (m) into § 262.16. 

Specifically, the Agency proposes to 

move the bulk of § 262.34(d) to 

§ 262.16(b),122 move § 262.34(e) to 

§ 262.16(d), move § 262.34(f) to 

§ 262.16(e) and move § 262.34(m) to 

§ 262.16(f). Paragraph (c) of § 262.16, 

which covers the mixing of hazardous 

waste, is a new paragraph that EPA is 

proposing to add in this rulemaking.123

EPA is also proposing to add subtitles 

and eliminate several cross-references to 

40 CFR part 265 in order to make the 

regulations easier to navigate. 

a. Addition of subtitles. EPA is 

proposing to add subtitles to § 262.16 to 

highlight to the reader the topic of each 

section or paragraph. Every subtitle is 

italicized after the regulatory citation. 

For example § 262.16(b)(2) addresses 

‘‘Accumulation in Containers.’’ 

b. Incorporating 40 CFR part 265 

subpart I, § 265.201, and part 265 

subpart C into 40 CFR 262.16. EPA is 

proposing to integrate three sections of 

40 CFR part 265—subpart I, § 265.201 

and subpart C—into § 262.16. First, at 

§ 262.34(d)(2), the regulations state an 

SQG must comply with subpart I of part 

265 except for §§ 265.176 and 265.178. 

Therefore, EPA is proposing to 

incorporate the text of the appropriate 

subpart I regulations at § 262.16(b)(2). 

Second, at § 262.34(d)(3) the regulation 

states that an SQG must comply with 

§ 265.201 in subpart J when using a 

tank. Thus, EPA is proposing to 

incorporate the text of all of § 265.201 

except for paragraph (a) at 

§ 262.16(b)(3). Paragraph (a) of § 265.201 

is not necessary because it describes 

what is already stated in § 262.16—the 

requirements for an SQG accumulating 

hazardous waste in a tank for less than 

180 days and accumulating no more 

than 6,000 kg on site at any time. Third 

§ 262.34(d)(4) states an SQG must 

comply with subpart C of part 265. 

Therefore, EPA is proposing to 

incorporate the text of subpart C— 

Preparedness and Prevention—at 

§ 262.16(b)(8). 

c. Other part 262 provisions for SQGs. 

In addition, part 262 subpart L would 

contain the newly proposed standards 

for SQGs who episodically generate 

higher amounts of hazardous waste to 

maintain their designation as SQGs 

during these episodic events. Also, 

§ 262.35 would include the landfill ban 

for liquids that applies to SQGs and 

LQGs. 

Table 6—Crosswalk of Existing 

Citations to Proposed Citations for SQGs 

provides a summary of changes between 

the existing and proposed citations for 

SQGs. 

TABLE 6—CROSSWALK OF EXISTING CITATIONS TO PROPOSED CITATIONS FOR SQGS

Regulation Existing citation Proposed citation Comment 

Definition of Small Quantity Generator ........................... § 262.34(d) ......................... § 260.10 .............................

Accumulation Time Limit ................................................. § 262.34(d) ......................... § 262.16(b) .........................

Accumulation Limit .......................................................... § 262.34(d)(1) and (f) ........ § 262.16(a) and (e) ............

Accumulation in Containers ............................................. § 262.34(d)(2) references 

part 265 subpart I.

§ 262.16(b)(2) ....................

Accumulation in Tanks .................................................... § 262.34(d)(3) references 

part 265 subpart J.

§ 262.16(b)(3) ....................

Marking of Tanks and Containers ................................... § 262.34(d)(4) references 

§ 262.34(a)(2) and (3).

§ 262.16(b)(6) ....................

Preparedness and Prevention ......................................... § 262.34(d)(4) references 

part 265 subpart C and 

§ 262.34(d)(5).

§ 262.16(b)(8) and (9) .......

Land Disposal Restrictions .............................................. § 262.34(d)(4) references 

part 268.

§ 262.16(b)(7) ....................

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124For a detailed discussion of this proposed 

deletion please see section VIII.K of this preamble. 

125For a detailed discussion of this proposed 

addition please see section VII.A.2 of this preamble. 

TABLE 6—CROSSWALK OF EXISTING CITATIONS TO PROPOSED CITATIONS FOR SQGS—Continued 

Regulation Existing citation Proposed citation Comment 

Transporting Over 200 Miles ........................................... § 262.34(e) ......................... § 262.16(d) .........................

Accumulation Time Limit Extension ................................ § 262.34(f) .......................... § 262.16(e) .........................

Episodic Generation ........................................................ N/A ..................................... Part 262 subpart L ............ Proposed new provision. 

Landfill Ban for Liquids .................................................... § 258.28 ............................. § 262.35 .............................

3. Conditions for Exemption for an LQG 

Accumulating Hazardous Waste (40 CFR 

262.17) 

As previously mentioned the Agency 

is proposing to create 40 CFR 262.17 

titled, ‘‘Conditions for exemption for a 

large quantity generator that 

accumulates hazardous waste.’’ The 

Agency is proposing to move 

§ 262.34(a), (b), (g) through (i) and (m) 

into § 262.17. Specifically, the Agency is 

proposing to move § 262.34(a) to 

§ 262.17(a), move § 262.34(b) to 

§ 262.17(b), move § 262.34(g) to 

§ 262.17(c), move § 262.34(h) to 

§ 262.17(d), move § 262.34(i) to 

§ 262.17(e), and move § 262.34(m) to 

§ 262.16(g). EPA is additionally 

proposing to delete paragraphs (j) 

through (l), which deal with 

Performance Track, since the program is 

no longer in operation.124 Paragraph (f) 

of § 262.17, which deals with the mixing 

of hazardous waste, is a new paragraph 

being proposed in this rulemaking.125

EPA is also proposing to add subtitles 

and eliminate some cross-references to 

part 265 in order to make the 

regulations easier to navigate. 

a. Addition of subtitles. EPA is 

proposing to add subtitles to § 262.17 to 

highlight to the reader the central 

concept addressed by each section or 

paragraph. Every subtitle is italicized 

after the regulatory citation. For 

example § 262.17(a)(1) addresses 

‘‘accumulation in containers.’’ 

b. Incorporating 40 CFR part 265 

subpart I into 40 CFR 262.17. EPA is 

proposing to incorporate the 40 CFR 

part 265 subpart I regulations, which are 

currently referenced at § 262.34(a)(1)(i), 

into the proposed § 262.17(a)(1). EPA 

also considered incorporating the text of 

other subparts of part 265 that contain 

technical standards for LQGs and that 

are currently referenced in § 262.34 into 

the new section § 262.17 (i.e., part 265 

subparts J, W, AA, BB, and CC), but 

ultimately decided not to incorporate 

these due to the length of these 

subparts. 

Section 262.35 would also include the 

landfill ban for liquids that applies to 

SQGs and LQGs. EPA requests comment 

on the proposed changes. 

c. Emergency planning and 

procedures regulations for LQGs in part 

265 subpart M. EPA is proposing to 

remove the reference to part 265 

subparts C and D for the preparedness, 

prevention, and emergency procedure 

regulations for LQGs and instead 

incorporate those regulations in part 262 

with the other generator regulations. 

However, due to the length of these 

subparts, rather than copying the text of 

these subparts to § 262.17, EPA is 

proposing to copy these into a new 

subpart M in part 262. EPA believes that 

including these provisions in part 262, 

along with the rest of the generator 

regulations, will make the regulations 

easier to navigate. EPA requests 

comment on this proposed change. 

d. Other part 262 provisions for LQGs. 

In addition, § 262.17(g) would contain 

the newly proposed standards for LQGs 

who accept and consolidate hazardous 

waste from CESQGs. Also, § 262.35 

would include the landfill ban for 

liquids that applies to SQGs and LQGs. 

Table 7—Crosswalk of Existing 

Citations to Proposed Citations for LQGs 

provides a summary of changes between 

the existing and proposed citations for 

LQGs. 

TABLE 7—CROSSWALK OF EXISTING CITATIONS TO PROPOSED CITATIONS FOR LQGS

Regulation Existing citation Proposed citation Comment 

Definition of Large Quantity Generator ........................... N/A ..................................... § 260.10 .............................

Accumulation Time Limit ................................................. § 262.34(a) ......................... § 262.17(a) .........................

Accumulation in Containers ............................................. § 262.34(a)(1)(i) references 

part 265 subparts I, AA, 

BB, and CC.

§ 262.17(a)(1) ....................

(§ 262.17(a)(1) also references part 265 subparts AA, BB, CC).

There is still a cross-reference to part 265 subparts AA, BB, and CC 

because of the length of 

these regulations. 

Accumulation in Tanks .................................................... § 262.34(a)(1)(ii) references part 265 subparts J, AA, BB, and CC.§ 262.17(a)(2) references 

part 265 subparts J, AA, 

BB, CC.

There is still a reference to 

part 265 because of the 

length of these regulations. 

Accumulation on Drip Pads ............................................. § 262.34(a)(1)(iii) ...............

(§ 262.34(a)(1)(iii) also references part 265 subpart 

W).

§ 262.17(a)(3) ....................

(§ 262.17(a)(3) also references part 265 subpart 

W).

Recordkeeping provisions 

move to part 262.17 and 

the extensive technical 

standards remain in part 

265. 

Accumulation in Containment Buildings .......................... § 262.34(a)(1)(iv) ...............

(§ 262.34(a)(1)(iv) also references part 265 subpart 

DD).

§ 262.17(a)(4) ....................

(§ 262.17(a)(4) also references part 265 subpart 

DD).

Recordkeeping provisions 

move to part 262.17 and 

the extensive technical 

standards remain in part 

265. 

Marking and Labeling ...................................................... § 262.34(a)(2) and (3) ....... § 262.17(a)(5) ....................

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TABLE 7—CROSSWALK OF EXISTING CITATIONS TO PROPOSED CITATIONS FOR LQGS—Continued 

Regulation Existing citation Proposed citation Comment 

Preparedness, Prevention, and Emergency Procedures § 262.34(a)(4) references 

part 265 subparts C and 

D.

§ 262.17(a)(6) references 

part 262 subpart M.

Cross-references remain 

but to a subpart of the 

generator regulations. 

Personnel Training .......................................................... § 262.34(a)(4) .................... § 262.17(a)(7) ....................

Land Disposal Restrictions .............................................. § 262.34(a)(4) references 

applicable parts of part 

268.

§ 262.17(a)(6)(ii) ................

Extension of Accumulation Times ................................... § 262.34(b) ......................... § 262.17(b) .........................

Accumulation of F006 ...................................................... § 262.34(g) through (i) ....... § 262.17(c) through (e) ......

Accepting waste from CESQGs to consolidate before 

sending to TSDF.

N/A ..................................... § 262.17(g) ......................... Proposed new provision. 

Rejected Loads ................................................................ § 262.34(m) ........................ § 262.17(h) .........................

Landfill Ban for Liquids .................................................... § 258.28 ............................. § 262.35 .............................

EPA requests comment on the 

proposed reorganization to the 

hazardous waste generator regulations 

and, in particular, on whether the 

proposed changes would improve the 

user friendliness and utility of the 

regulations. 

C. EPA Identification Number (40 CFR 

262.12) 

In the interest in keeping the 

generator regulations in a logical order, 

EPA is proposing to move existing 

§ 262.12—EPA identification number— 

to § 262.18. Section 262.12 would then 

be reserved. EPA believes this will 

improve the flow of the hazardous waste 

generator regulations as it places the 

section addressing EPA identification 

number after § 262.13, which addresses 

how a generator determines its generator 

category. This proposed sequence is 

appropriate because a hazardous waste 

generator must first determine what 

generator category it belongs to in order 

to determine which regulations— 

including the requirement to obtain an 

EPA ID number—it must comply with. 

(For example, SQGs and LQGs must 

obtain an EPA identification number, 

but a CESQG does not). 

EPA is requesting comment on these 

proposed changes. 

XIV. Technical Corrections and 

Conforming Changes to 40 CFR Parts 

260 through 265, 270, 273, and 279 

The Agency is also proposing a 

number of technical corrections and 

conforming changes to the hazardous 

waste generator regulations. This 

proposed rule eliminates the regulatory 

text for discontinued programs, 

identifies areas where conforming 

changes are necessary, updates existing 

regulatory text to account for new 

programs, improves the readability of 

certain paragraphs, and corrects 

typographical errors. Specifically, the 

Agency is proposing the following 

changes, in order of the existing 

regulations: 

(1) Revise § 260.3, which currently 

reads, ‘‘As used in parts 260 through 

265 and 268 of this chapter.’’ This text 

fails to account for additional parts of 

the regulations that were promulgated 

after 1986, such as parts 266, 267, and 

270 through 273. The Agency is 

proposing to revise this to read, ‘‘As 

used in parts 260 through 273 of this 

chapter.’’ 

(2) Modify the definitions of 

‘‘Treatability Study,’’ ‘‘Universal Waste 

Handler,’’ ‘‘Universal Waste 

Transporter’’ in § 260.10 to only 

capitalize the first word (e.g., 

‘‘Universal’’) in order to match the 

formatting in the rest of this section. 

(3) Remove the closed parenthesis 

after ‘‘(e.g.,)’’ from § 261.1(c)(6). 

(4) Improve the readability of 

§ 261.4(a)(7), which currently reads, 

‘‘Spent sulfuric acid used to produce 

virgin sulfuric acid, unless it is 

accumulated speculatively as defined in 

§ 261.1(c) of this chapter.’’ The Agency 

is proposing to revise the language to 

read ‘‘Spent sulfuric acid used to 

produce virgin sulfuric acid provided it 

is not accumulated speculatively as 

defined in § 261.1(c) of this chapter.’’ 

(5) Make conforming changes to 

citations that reference § 261.5 to reflect 

EPA’s proposal to move these 

regulations. The citations where 

references to § 261.5 are to be revised 

include all the following: §§ 262.10(b), 

262.10(l)(2), 262.201(b), 262.204(a), 

262.210(b)(3), 262.210(d)(2), 

262.211(e)(3), 262.213(a)(2), 

262.213(a)(3), 262.213(b)(2), 262.216(b), 

264.1(g)(1), 268.1(e)(1), 270.1(c)(2)(iii), 

and 279.10(b)(3). In § 261.33(e) and (f), 

EPA is proposing to altogether remove 

the references to §§ 261.5(e) and 

261.5(a) and (g), respectively, because 

the quantity limits for hazardous wastes 

are contained in EPA’s proposed 

definitions for very small quantity 

generator, small quantity generator, and 

large quantity generator. 

(6) Replace the word ‘‘waste’’ with 

‘‘water’’ in § 261.5(e)(2), which reads, 

‘‘A total of 100 kg of any residue or 

contaminated soil, waste, or other debris 

resulting from the clean-up of a spill, 

into or on any land or water. . . .’’ 

Prior to 1985, the word ‘‘waste’’ was 

‘‘water’’ and the Agency is unable to 

determine why this change occurred. (In 

the proposed reorganization, this 

language is moved to § 260.10 and is 

contained in the definitions of large 

quantity generator, small quantity 

generator and very small quantity 

generator.) 

(7) Revise § 261.420 to clarify that the 

requirement in § 261.411(c) that all 

employees be familiar with proper 

waste handling and emergency 

procedures relevant to their 

responsibilities applies to facilities that 

generate or accumulate more than 6,000 

kg of hazardous materials as well as to 

facilities that generate or accumulate 

less than that amount. 

(8) Remove Notes 1 and 2 from 

§ 262.10. Note 1 states that the 

provisions of § 262.34 are applicable to 

the on-site accumulation of hazardous 

waste by generators. Therefore, the 

provisions of § 262.34 only apply to 

owners or operators who are shipping 

hazardous waste which they generated 

at that facility. Note 2 states that a 

generator who treats, stores, or disposes 

of hazardous waste on site must comply 

with the applicable standards and 

permit requirements set forth in 40 CFR 

parts 264, 265, 266, 268, and 270. These 

notes are no longer necessary should 

EPA finalize the changes in this 

proposed rule, which include replacing 

§ 262.34 with a new reorganization of 

the regulations that address Note 1and 

proposing regulations in § 262.10 that 

address Note 2. 

(9) Remove the extra period in the last 

line of the paragraph at § 262.10(l). 

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(10) Make conforming changes to 

sections that reference § 262.34 to reflect 

EPA’s proposal to move these 

regulations. The citations where 

references to § 262.34 are to be revised 

include the following: §§ 262.10(l)(1), 

262.201(a), 262.201(a), 262.216(a), 

264.1(g)(3), 264.71(c), 264.1030(b)(2), 

264.1050(b)(2), 265.1(c)(7), 265.71(c), 

265.1030(b)(2) and (b)(3), 268.7(a)(5) 

and 270.1(c)(2)(i). 

(11) Make conforming change to 

remove and reserve § 262.40(c) because 

this section (regarding records for waste 

determinations) is proposed to move to 

§ 262.11. 

(12) Correct the statutory citation at 

§ 262.43 that currently refers to sections 

2002(a) and 3002(6) of the Act. The 

reference to 3002(6) should be to 

3002(a)(6). Additionally, the word ‘‘he’’ 

is removed in order to be gender 

neutral. 

(13) Remove references to Project XL 

programs that have been discontinued. 

These include the New York State 

Public Utilities Project XL program at 

subpart I of 40 CFR part 262 and the 

University Laboratories Project XL 

program at subpart J of 40 CFR part 262. 

We have also removed and reserved the 

reference at § 262.10(j) to the University 

Laboratories Project XL. 

(14) Make two conforming changes to 

the definition of ‘‘central accumulation 

area’’ in § 262.200 in subpart K. We are 

proposing to move this definition from 

this location to § 260.10 with the 

following revisions. First, because of the 

reorganization of the regulations in 40 

CFR part 262, we are proposing to 

change the references to the applicable 

regulations for the central accumulation 

areas that are used in the definition of 

central accumulation area in § 262.200. 

For LQGs, we are proposing that the 

reference to § 262.34(a) be changed to 

§ 262.17 and for SQGs, we are proposing 

that the reference to § 262.34(d) through 

(f) be changed to § 262.16. Second, we 

are proposing to remove the reference to 

Performance Track in the definition of 

‘‘central accumulation area’’ in 

§ 262.200 of subpart K because the 

Performance Track program has been 

terminated (74 FR 22741; May 14, 2009). 

Both of these conforming changes are 

reflected in the proposed definition of 

‘‘central accumulation area’’ being 

added in § 260.10. 

(15) Make conforming changes to 

citations that use the term 

‘‘conditionally exempt small quantity 

generator’’ to reflect EPA’s proposed 

change to the term ‘‘very small quantity 

generator.’’ The citations where 

‘‘conditionally exempt small quantity 

generator’’ is to be replaced with ‘‘very 

small quantity generator’’ include: 

§§ 262.200, 262.201(b), 262.202(b), 

262.203(a), 262.203(b)(2), 262.204(a), 

262.209(b), 262.210(d)(2), 262.213(a)(3), 

268.1(e)(1), 270.1(c)(2)(iii), 273.8, 

273.8(a)(2), 273.81(b), 279.10(b)(3). 

(16) Improve the readability of 

§ 264.170, which currently reads, ‘‘The 

regulations in this subpart apply to 

owners and operators of all hazardous 

waste facilities that store containers of 

hazardous waste. . . .’’ The Agency is 

proposing to revise this language to 

read, ‘‘The regulations in this subpart 

apply to owners and operators of all 

hazardous waste facilities that store 

hazardous waste in containers. . . .’’ 

(17) Improve the readability of the 

first sentence in § 264.191(a), which 

currently reads, ‘‘For each existing tank 

system. . . . the owner or operator must 

determine that the tank system is not 

leaking or is unfit for use.’’ The Agency 

is proposing to revise this language to 

read, ‘‘For each existing tank system 

. . . the owner or operator must 

determine that the tank system is not 

leaking or is fit for use.’’ 

(18) Improve the readability of 

§ 265.1(c)(7), which currently reads, ‘‘A 

generator accumulating waste on-site in 

compliance with § 262.34 of this 

chapter, except to the extent the 

requirements are included in § 262.34 of 

this chapter.’’ The Agency is proposing 

to revise the sentence to read, ‘‘A 

generator accumulating waste on site 

except to the extent the requirements 

are included in §§ 262.16, and 262.17 of 

this chapter.’’ 

(19) Correct the list of Federal 

Register notices in § 265.54 to be 

consistent with the list of references in 

§ 264.54. The reference to 53 FR 37935, 

September 28, 1988, is missing from 

§ 265.54. 

(20) Add to § 265.111(c) a missing 

regulatory citation to § 265.445 

applicable to drip pads. Section 

265.111(c) would then read, ‘‘Complies 

with the closure requirements of this 

subpart, including, but not limited to, 

the requirements of §§ 265.197, 265.228, 

265.258, 265.280, 265.310, 265.351, 

265.381, 265.404, 265.445, and 

265.1102.’’ 

(21) Add to § 265.114 a missing 

regulatory citation to § 265.445 

applicable to drip pads and § 265.1102 

applicable to containment buildings. 

Section 265.114 would then read, 

‘‘During the partial and final closure 

periods, all contaminated equipment, 

structures and soil must be properly 

disposed of, or decontaminated unless 

specified otherwise in §§ 265.197, 

265.228, 265.445, 265.258, 265.280, 

265.310 or 265.1102. . . .’’ 

(22) Make a conforming change to 

remove and reserve § 265.201 (Special 

requirements for generators of between 

100 and 1,000 kg/mo that accumulate 

hazardous waste in tanks). EPA is 

proposing to move this section into 

proposed § 262.16. 

(23) Add a missing reference to 40 

CFR part 268 in § 270.1(a)(3), which 

currently reads, ‘‘The RCRA permit 

program. . . . in 40 CFR parts 264, 266, 

and 267.’’ Therefore, the Agency is 

revising this to read, ‘‘The RCRA permit 

program . . . in 40 CFR parts 264, 266, 

267, and 268.’’ 

XV. Request for Comment on Use of 

Electronic Tools to Streamline 

Hazardous Waste Reporting and 

Recordkeeping Requirements 

As part of this proposed rule, the 

Agency is also exploring the feasibility 

of using electronic tools to streamline 

hazardous waste reporting and 

recordkeeping requirements. Two 

examples previously discussed include 

requesting comment on an electronic 

hazardous waste determination decision 

tool and development of an electronic 

application containing information from 

the executive summaries of contingency 

plans that emergency responders can 

use in responding to an emergency. 

Information technology can be an 

important step toward improving RCRA 

implementation. Many aspects of our 

lives can currently be managed 

electronically. We bank from home, 

send pictures from phones, and track 

packages across the country from our 

desks. Yet, much of the information 

reported to EPA and states by generators 

is still submitted on paper, which 

requires government staff or contractors 

to manually enter the data into federal 

and state data systems. Delays in data 

processing can cause important 

information to go unnoticed. In 

addition, errors introduced through 

manual data entry can require 

aggravating and time-consuming 

correction processes by both regulated 

entities and the government. 

Use of electronic tools can provide the 

regulated community, regulators, and 

the public with more accurate, 

complete, and timely information on 

regulated activities, pollution, and 

compliance. Software that allows for 

self-correction by flagging potential 

errors, as is done by EPA’s Toxics 

Release Inventory—Made Easy web tool 

or the Greenhouse Gas Reporting 

system, can even help prevent mistakes 

before they happen, saving both 

regulated entities and regulators time 

and money. Electronic reporting also 

creates greater transparency as greater 

information accessibility can inspire 

better compliance by facilities. 

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Electronic reporting, in this context, is 

not simply emailing files to the 

government. Rather, it would be a 

system that begins with an electronic 

‘‘smart’’ form or web tool to guide the 

regulated entity thru recordkeeping and 

reporting processes, such as waste 

determinations. The system would also 

include data standards, identity 

proofing, and a government database to 

receive data. Error prevention and 

compliance assistance could be 

integrated into the reporting tool. For 

example, forms can be configured to 

self-populate with data from prior forms 

(e.g., names and addresses), to question 

entries that appear erroneous (e.g., 

entries an order of magnitude or more 

above or below data from prior years or 

above or below reasonable levels) and to 

prevent submission before required data 

fields are completed. 

The Agency believes electronic tools 

have the potential to greatly assist 

generators in complying with the 

existing and proposed hazardous waste 

regulations. For example, EPA believes 

that electronic tools could help 

generators make more accurate 

hazardous waste determinations. As 

previously discussed, an app could be 

used as a decision support tool to help 

guide generators through the hazardous 

waste determination process for each 

waste stream they generate. This tool 

could walk generators through a series 

of question and answer steps, identify 

relevant sources in making the 

determination, electronically generate 

and store all of the associated data and 

records that generators may be required 

to maintain, and provide assistance on 

proper management of the identified 

wastes. 

Other examples include using 

electronic tools to file notifications 

required under the rule, such as 

notifications for episodic generators, for 

LQGs that desire to take advantage of 

consolidating waste from CESQGs that 

are within the same company, and for 

generators that close a unit that 

accumulated hazardous waste. In this 

case, the electronic tools could be useful 

in submitting required reports, and in 

electronically generating, storing, and 

filing all reports. 

Other areas of the RCRA regulations 

where electronic tools may assist with 

compliance include the following: 

• Determining monthly generator 

category; 

• Maintaining records of shipments; 

• Maintaining contingency planning 

and emergency procedures 

recordkeeping and reporting 

requirements; 

• Maintaining inventory logs for 

documenting accumulation time in 

tanks, drip pads, and containment 

buildings; and 

• Maintaining personnel training 

documents and records. 

EPA believes the use of electronic 

tools would help hazardous waste 

generators improve and maintain 

compliance with the RCRA regulations, 

thereby reducing violations and 

increasing environmental benefits. EPA 

also believes the costs of receiving and 

evaluating reports from generators could 

be greatly reduced for EPA and state/ 

tribal agencies. For example, when the 

Toxics Release inventory switched from 

paper reporting to e-reporting, costs of 

managing the data went down by 99% 

and accuracy was increased. 

EPA is not aware of any existing 

electronic tools that would specifically 

assist generators with meeting the RCRA 

regulatory requirements. However, EPA 

did identify a variety of state and 

academic internet-based hazardous 

waste determination tools and 

workbooks (as discussed in section 

VIII.B.8.). 

EPA is considering a range of 

electronic reporting options. The 

Agency may explore developing certain 

tools for use by the regulated 

community or may invite third-party 

vendors to provide such tools. The latter 

option could be similar to the Internal 

Revenue Service (IRS) model for 

electronic tax preparation. The IRS 

model uses third-party software 

providers for tax data collection and 

transmission (e.g., TurboTax, TaxACT, 

or others) from private citizens and 

businesses. Under this option, the 

Agency would not purchase services 

from any provider. All financial 

transactions would be between the 

providers and members of the regulated 

community. EPA would specify the 

required data for collection and the 

requirements necessary for exchanging 

data (e.g., data delivery protocols, 

standards, guidelines, and procedures 

compliant with EPA’s Cross-Media 

Electronic Reporting Regulation 

(CROMERR) (see 40 CFR part 3)). 

EPA welcomes public comment on 

specific reports and data types that 

could be reported electronically if the 

Agency were to move forward with 

exploring electronic reporting, 

including what the quality assurance 

and quality control procedures should 

be with respect to data timeliness, 

accuracy, completeness, and 

consistency. EPA also asks for comment 

on which reports commenters think 

should be highest priority for electronic 

reporting. EPA solicits comment on the 

option of allowing software vendors to 

offer their clients federal electronic 

reporting services compliant with the 

final rule and on potential methods for 

determining whether third-party 

software vendors meet the minimum 

federal electronic data requirements. 

EPA would need to certify or approve 

the methods used by the software to 

authenticate, encrypt, and possibly send 

compliance monitoring and other data. 

EPA would also like to hear from 

authorized RCRA programs that have 

experience in implementing electronic 

reporting, especially their experience 

with phasing in implementation. EPA 

also requests comment on whether 

electronic tools should be provided by 

EPA and/or states and tribes. 

XVI. Enforceability 

Persons that generate hazardous waste 

must comply with all the applicable 

independent requirements of the RCRA 

hazardous waste regulations, unless 

they obtain a conditional exemption 

from those requirements, provided by 

§ 262.14 (formerly § 261.5), or by 

§ 262.15, 262.16, or 262.17 (formerly all 

contained in § 262.34), or by § 262.70. If 

a person violates independent 

requirements or fails conditions for 

exemption, EPA may bring an 

enforcement action under section 3008 

of RCRA for violations of the 

independent requirements. Where a 

generator does not comply with 

conditions for an exemption and is 

therefore no longer exempt, the 

enforcement action will allege 

violations of those independent 

requirements from which the generator 

was attempting to remain exempt. States 

may choose to enforce against violations 

of state hazardous waste requirements 

under state authorities. 

As with any violation, EPA and 

authorized states have enforcement 

mechanisms available that range in 

severity. In addition, EPA and 

authorized states have flexibility in 

applying these mechanisms to the 

various responsible parties as 

appropriate to the specific 

circumstances. Some of the enforcement 

mechanisms include sending a notice of 

violation, ordering compliance, ordering 

that the operations cease, or assessing 

penalties as appropriate. Nothing in this 

proposal affects any of these 

enforcement mechanisms EPA or the 

states may utilize nor the manner in 

which enforcement cases will be 

initiated or pursued. 

XVII. State Authorization 

A. Applicability of Rules in Authorized 

States 

Under section 3006 of RCRA, EPA 

may authorize states to administer the 

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126EPA notes that decisions regarding whether a 

state rule is more stringent or broader in scope than 

the federal program are made when the Agency 

authorizes state programs. 

RCRA Subtitle C hazardous waste 

program. Following authorization, the 

authorized state program operates in 

lieu of the federal regulations. EPA 

retains enforcement authority to enforce 

the authorized state Subtitle C program, 

although authorized states have primary 

enforcement authority. EPA also retains 

its authority under RCRA sections 3007, 

3008, 3013, and 7003. The standards 

and requirements for state 

authorizations 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. EPA did not issue 

permits for any facilities in that state, 

since the state was now 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 requirements did not take effect in 

an authorized state until the state 

adopted the equivalent state 

requirements. 

In contrast, under RCRA section 

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. While states must 

still adopt HSWA related provisions as 

state law to retain authorization, EPA 

implements the HSWA provisions in 

authorized states, including the 

issuance of any permits pertaining to 

HSWA requirements, until the state is 

granted authorization to do so. 

Authorized states are required to 

modify their programs only when EPA 

promulgates federal requirements that 

are more stringent or broader in scope 

than existing federal requirements.126

RCRA section 3009 allows the states to 

impose standards more stringent than 

those in the federal program (see 40 CFR 

271.1). Therefore, authorized states may, 

but are not required to, adopt federal 

regulations, both HSWA and nonHSWA, that are considered less 

stringent than previous federal 

regulations. 

B. Effect on State Authorization of 

Proposed Rule 

This notice proposes regulations that 

amend certain sections of the hazardous 

waste generator regulations in 40 CFR 

parts 260 through 265, 268, 270, 273, 

and 279. These regulations were 

promulgated under the authority of 

sections 2002, 3001, 3002, 3003, 3004, 

3007, and 3010 of RCRA). This notice 

proposes changes to the RCRA Subtitle 

C program under non-HSWA authority. 

Thus, the standards, if finalized, 

would be applicable on the effective 

date only in those states that do not 

have final authorization of their base 

RCRA programs. Moreover, 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, states are 

not required to modify their programs. 

This is a result of section 3009 of RCRA, 

which allows states to impose more 

stringent regulations than the federal 

program. 

Several of the revisions to the 

proposed hazardous waste generator 

regulations are more stringent than 

those promulgated in various rules that 

went into effect when the RCRA 

hazardous waste Regulations were first 

initiated (e.g., 1980–1986). These 

include the following: (1) requiring both 

SQGs and LQGs to document their nonhazardous waste determinations when 

they have generated a solid waste 

(section VIII.B of this preamble); (2) 

requiring SQGs to re-notify every two 

years if they have not done so otherwise 

through an alternative process (section 

VIII.C of this preamble); (3) requiring 

SQGs and LQGs to better define the 

contents and associated risks of 

hazardous wastes accumulated in tanks, 

containers, drip pads, and containment 

buildings, as well as when hazardous 

waste is accumulated in satellite 

accumulation areas (sections VII.E., 

VIII.F and VIII.I of this preamble); (4) 

requiring LQGs to notify EPA or their 

authorized state when they plan to close 

either a hazardous waste accumulation 

unit or their generator site (section 

VIII.G of this preamble); (5) requiring 

new LQGs to prepare an executive 

summary of their contingency plans to 

assist responders in an emergency 

(section VIII.H of this preamble); (6) 

requiring LQGs to submit a biennial 

report that identifies all of the 

hazardous wastes generated in the 

calendar year, not just for the months 

the facility was an LQG (sections VIII.L 

of this preamble); (7) requiring transfer 

facilities to identify the contents and 

associated risks of containers that have 

been consolidated with other hazardous 

wastes (section X of this preamble); and 

(8) promulgating prohibitions on storage 

of restricted wastes (section XII of this 

preamble). Therefore, states that have 

adopted the base RCRA program would 

be required to modify their hazardous 

waste programs to incorporate 

equivalent provisions if these standards 

are finalized. 

On the other hand, three of the 

proposed revisions would be considered 

less stringent than the current 

hazardous waste regulations. These 

revisions include the following: (1) 

Allowing CESQGs to voluntarily send 

hazardous waste to LQGs under the 

control of the same person to facilitate 

the cost-effective management of 

hazardous wastes within the same 

company (section VII.C of this 

preamble); (2) allowing CESQGs and 

SQGs to voluntarily maintain their 

existing regulatory status if they have an 

episodic event that generates additional 

amounts of hazardous waste which 

would have resulted in them moving 

into a higher generator category for a 

short period of time, so long as they 

comply with specified conditions 

(section IX of this preamble); and (3) 

allowing LQGs to voluntarily apply for 

a waiver from their local fire department 

to accumulate ignitable and reactive 

wastes within the 50 foot facility 

boundary provision (section XI.B of this 

preamble). Thus, authorized states may, 

but would not be required to, adopt 

these changes. 

This proposed rule also includes 

several revisions that are neither more 

nor less stringent, such as (1) mixing a 

non-hazardous waste with a hazardous 

waste (section VII.B of this preamble); 

(2) defining central accumulation area 

(section VI.C of this preamble); (3) 

prohibiting generators from sending 

hazardous liquids to landfills (section 

VIII.M of this preamble); (4) 

reorganizing the hazardous waste 

generator regulations to make them 

more user-friendly (section XIII of this 

preamble); (5) deleting the performance 

track regulations (section VIII.K of this 

preamble); (6) replacing the list of 

specific data elements with a 

requirement to complete and submit all 

data elements required in the biennial 

report form (section VIII.L of this 

preamble); and (7) technical corrections 

and conforming changes to various parts 

of the RCRA regulations (section XIV of 

this preamble). Thus, authorized states 

may, but would not be required to, 

adopt these changes. 

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57988 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Proposed Rules 

XVIII. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is a 

‘‘significant regulatory action’’ in that it 

may raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

Accordingly, EPA submitted this action 

to the Office of Management and Budget 

(OMB) for review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011) and any changes made 

in response to OMB recommendations 

have been documented in the docket for 

this action. 

In addition, EPA prepared an analysis 

of the potential costs and benefits 

associated with this action. This 

analysis is contained in EPA’s 

Regulatory Impact Analysis (RIA) 

document titled ‘‘Assessment of the 

Potential Costs, Benefits, and other 

Impacts of the Improvements to the 

Hazardous Waste Generator Regulatory 

Program, As Proposed.’’ A copy of the 

analysis is available in the docket for 

this action and the analysis is briefly 

summarized here. 

Based on the impact estimates 

presented in the RIA, EPA does not 

expect that this action will be 

‘‘economically significant’’ because the 

estimated annualized cost for 

compliance with the proposed changes 

to the hazardous waste generator 

regulatory program is significantly less 

than the $100 million annual effect 

threshold of Section 3(f)(1) of Executive 

Order 12866. The RIA estimates the 

affected universe is between 353,000 

and 543,000 entities. Of this universe, 

between 293,000 and 469,000 CESQGs 

will only be affected if they choose to 

take advantage of two voluntary 

programs being proposed. 

EPA estimates the future annualized 

cost to industry to comply with the 

requirements of this proposed action at 

between $6.2 and $17.4 million (at 7% 

discount rate). Similarly, the annualized 

net cost savings or benefits for facilities 

opting to take advantage of two 

voluntary programs in the rule (e.g., 

consolidation of CESQG waste by large 

quantity generators under the same 

ownership, and generators who would 

not be required to change generator 

status as a result of an episodic event) 

is between $6.2 and $12.2 million (at 

7% discount rate) resulting in a net 

annualized cost of between $0.1 million 

and $5.2 million. 

In addition to estimating the cost for 

this proposed rule, the RIA also 

provides both quantitative and 

qualitative (i.e., non-monetized) 

descriptions of future expected benefits 

for this action primarily consisting of 

improved industry environmental 

compliance. 

B. Paperwork Reduction Act (PRA) 

The information collection activities 

in this proposed rule have been 

submitted for approval to the Office of 

Management and Budget (OMB) under 

the PRA. The Information Collection 

Request (ICR) document that the EPA 

prepared has been assigned EPA ICR 

number 2513.01. You can find a copy of 

the ICR in the docket for this rule, and 

it is briefly summarized here. 

This proposed rule is necessary for 

EPA and authorized states to oversee the 

generation and management of 

hazardous waste. EPA is proposing the 

establishment of these information 

collection requirements under the 

authority of RCRA Subtitle C. There are 

several provisions to this rule that will 

require respondents to either submit 

information to EPA or authorized state, 

or maintain records at their facility. For 

example, generators will have to notify 

EPA or their authorized state they plan 

to take advantage of two voluntary 

provisions that will provide greater 

flexibility in how they manage 

hazardous waste (i.e., CESQG 

consolidation of their hazardous waste 

by a LQG under the same person or 

company; and episodic generation of 

hazardous waste resulting in a 

temporary change in regulatory status). 

Similarly, SQGs will have to re-notify 

EPA or their authorized state every 

other year that they have not changed 

their regulatory category to support 

effective inspections and program 

management activities. In an effort to 

improve program compliance, both 

SQGs and LQGs will be required to 

maintain records supporting the basis 

for their non-hazardous waste 

determinations (i.e., a generator 

generated a solid waste but not a 

hazardous waste). Similarly, new LQGs 

will be required to develop and submit 

an executive summary of their 

emergency response plan to their Local 

Emergency Planning Committee to 

effectively assist emergency responders 

responding to an emergency. 

EPA and state agencies will use the 

collected information to ensure that 

hazardous wastes are managed in a costeffective manner that minimizes risks to 

human health and the environment. 

Local emergency response organizations 

will also use the collected information 

to prepare contingency plans to reduce 

risks to emergency responders and 

bystanders. EPA does not expect 

confidentiality to be an issue in 

generators either providing information 

to EPA or an authorized state or in 

maintaining the necessary records 

supporting a non-hazardous waste 

determination. The statutory authority 

to collect the proposed information is 

found at RCRA 3002 (42 U.S.C. 6922) 

and RCRA 3003 (42 U.S.C. 6923). 

Respondents/Affected Entities: Private 

sector. 

Respondent’s Obligation to Respond: 

Mandatory per RCRA 3002 (42 U.S.C. 

6922) and RCRA 3003 (42 U.S.C. 6923). 

Estimated Number of Respondents: 

96,375 

Frequency of Response: On occasion. 

Total Estimated Burden: 304,318 

hours (per year). Burden is defined at 5 

CFR 1320.3(b). 

Total Estimated Cost: $16.8 million 

(per year), includes $3.9 million 

annualized capital or operation & 

maintenance costs. 

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. 

Submit your comments on the 

Agency’s need for this information, the 

accuracy of the provided burden 

estimates and any suggested methods 

for minimizing respondent burden to 

the EPA using the docket identified at 

the beginning of this rule. You may also 

send your ICR-related comments to 

OMB’s Office of Information and 

Regulatory Affairs via email to 

oria_submissions@omb.eop.gov, 

Attention: Desk Officer for the EPA. 

Since OMB is required to make a 

decision concerning the ICR between 30 

and 60 days after receipt, OMB must 

receive comments no later than October 

26, 2015. The EPA will respond to any 

ICR-related comments in the final rule. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. The small entities 

directly regulated by this proposed rule 

include entities that generate hazardous 

waste across various industries, 

including, but not limited to, printing, 

petroleum refining, chemical 

manufacturing, plastics and resin 

manufacturing, pharmaceutical 

manufacturing, paint and coating, iron 

and steel mills, metal and metal product 

manufacturing, electroplating, printed 

circuit board manufacturing, 

semiconductor manufacturing, motor 

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vehicle parts manufacturing, research 

and development, hazardous waste 

treatment and disposal, academic 

institutions, and hospitals. We have 

determined that between 25,550 and 

33,800 small entities impacted will 

experience an impact of less than 1% of 

annual sales for all affected small 

entities. 

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. 

Many of the changes in this proposed 

rulemaking come from outreach efforts 

to generators of hazardous waste, 

including small entities, and are 

designed to make the generator 

regulations more accessible and user 

friendly. As part of the proposal, EPA is 

including several provisions that would 

provide increased flexibility for small 

entities in managing hazardous waste, 

such as the ability for hazardous waste 

generators to use the episodic generator 

provisions if they have a distinct event 

that would otherwise cause them to 

have to bump up to a higher generator 

category. We continue to be interested 

in the potential impacts of the proposed 

rule on small entities and welcome 

comments on issues related to such 

impacts. 

D. Unfunded Mandates Reform Act 

This proposed rule does not contain 

an unfunded mandate of $100 million as 

described in UMRA, 2 U.S.C. 1531– 

1538, and does not significantly or 

uniquely affect small governments. The 

RIA estimates that the state government 

share of future average annualized 

direct costs for the proposed rule 

requirements to range between $1.2 

million and $2.3 million per year. Thus, 

this proposed rule is not subject to the 

requirements of sections 202 or 205 of 

UMRA. 

This proposed rule is also not subject 

to the requirements of section 203 of 

UMRA because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. The 

rulemaking proposes clarifications and 

modifications to the hazardous waste 

generator regulations, which impacts 

only those entities that generate 

hazardous waste. Small governments 

would only be subject to the changes in 

the proposed rule if they generated 

hazardous waste subject to the RCRA 

hazardous waste requirements. 

E. Executive Order 13132: Federalism 

This action 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. The proposed 

rule simply proposes clarifications and 

modifications to the existing hazardous 

waste generator regulations. Thus, 

Executive Order 13132 does not apply 

to this action. Although section 6 of 

Executive Order 13132 does not apply 

to this action, EPA did consult with 

state officials in developing this action. 

F. Executive Order 13175: Consultation 

and Coordination with Indian Tribal 

Governments 

This action may have tribal 

implications. However, it will neither 

impose substantial direct compliance 

costs on tribal governments, nor 

preempt tribal law. Under the RCRA 

statute, the federal government 

implements hazardous waste 

regulations directly in Indian Country. 

Thus, the proposed changes to the 

hazardous waste regulations would not 

impose any direct costs on tribal 

governments. 

The EPA consulted with tribal 

officials under the EPA Policy on 

Consultation and Coordination with 

Indian Tribes early in the process of 

developing this regulation to permit 

them to have meaningful and timely 

input into its development. A summary 

of that consultation is provided in the 

docket for this action. 

As required by section 7(a), the EPA’s 

Tribal Consultation Official has certified 

that the requirements of the executive 

order have been met in a meaningful 

and timely manner. A copy of the 

certification is included in the docket 

for this action. 

G. Executive Order 13045: Protection of 

Children from Environmental Health 

Risks and Safety Risks 

This action is not subject to Executive 

Order 13045 because it is not 

economically significant as defined in 

Executive Order 12866, and because the 

Agency does not believe the 

environmental health or safety risks 

addressed by this action present a 

disproportionate risk to children. The 

Agency does not believe that this action 

presents risks to the public. In fact, 

there are several components to this 

proposed rule that modify the existing 

hazardous waste generator regulations 

to enhance environmental protection in 

the local community. Examples include 

(1) requiring LQGs and SQGs to 

document and maintain records of their 

waste determinations, including 

determinations that a solid waste is a 

non-hazardous waste; (2) requiring 

LQGs and SQGs to provide more 

detailed marking and labeling 

information for containers, tanks, drip 

pads, and containment buildings 

accumulating hazardous wastes; (3) 

requiring LQGs to notify EPA or an 

authorized state when they plan to close 

either a hazardous waste accumulation 

unit or their site; (4) requiring LQGs and 

SQGs to re-notify EPA or the authorized 

state on a periodic basis of their 

hazardous waste generator activities; 

and (5) improving emergency 

preparedness and response regulations 

on the part of SQGs and LQGs. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not a ‘‘significant 

energy action’’ as defined in Executive 

Order 13211 (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. 

This proposed rule does not involve the 

supply, distribution, or use of energy. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629 

(February 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this 

proposed rule increases the level of 

environmental protection for all affected 

populations and thus will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income or indigenous 

populations. Specifically, there are 

several components to this proposed 

rule that modify the existing hazardous 

waste generator regulations to assist 

generators in understanding and 

facilitating improved compliance with 

the hazardous waste regulations. 

Examples include modifying regulations 

regarding mixing of non-hazardous 

waste with a hazardous waste by a 

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generator, or when a hazardous waste 

generator generates both acute and nonacute hazardous waste in the same 

calendar month. Additionally, EPA is 

proposing to reorganize the hazardous 

waste generator rules to make them 

more user-friendly and therefore assist 

generators in understanding their 

responsibilities in managing the 

hazardous waste they generate safely, 

which support better environmental 

protection. 

Still other components of this 

proposed rule enhance environmental 

protection in the local community, and 

therefore foster improved environmental 

protection, including for minority 

populations and low-income 

populations. They include, for example, 

(1) requiring LQGs and SQGs to 

document and maintain records of their 

waste determinations, including 

determinations that a solid waste is a 

non-hazardous waste; (2) requiring 

LQGs and SQGs to provide more 

detailed marking and labeling 

information for containers, tanks, drip 

pads, and containment buildings 

accumulating hazardous wastes; (3) 

requiring LQGs to notify EPA or an 

authorized state when they plan to close 

either a hazardous waste unit or their 

site; (4) requiring LQGs and SQGs to renotify EPA or the authorized state on a 

periodic basis of their hazardous waste 

generator activities; and (5) improving 

emergency preparedness and response 

regulations on the part of SQGs and 

LQGs. 

Furthermore, EPA is also proposing to 

allow CESQGs to ship their hazardous 

waste to an LQG under the control of 

the same person. As described in 

section VII.C of the preamble, this may 

increase environmental protection in 

the local community because hazardous 

waste generated by CESQGs would be 

subject to more stringent requirements 

upon receipt by the LQG, including 

ultimate management by a RCRA 

permitted TSDF (as opposed to being 

managed possibly in a municipal solid 

waste landfill). Although this proposed 

change could result in an increase in 

traffic for certain communities, EPA 

believes the increase would not be 

significant given that CESQGs currently 

may send their hazardous waste to a 

number of destinations, including 

municipal and non-municipal solid 

waste management facilities. 

Lastly, EPA is proposing alternative 

standards for CESQGs and SQGs that 

would allow these entities to maintain 

their generator category if generating 

hazardous waste from an episodic event. 

Although these generators would be 

allowed to temporarily manage a greater 

amount of hazardous waste than their 

normal generator category allows, EPA 

is proposing conditions under which 

the hazardous waste generated from an 

episodic event must be managed in 

order to maintain protection of human 

health and the environment. Therefore, 

EPA does not anticipate 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income or indigenous 

populations from these proposed 

alternative standards. 

List of Subjects 

40 CFR Part 260 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Incorporation by reference, 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, 

Incorporation by reference, Labeling, 

Packaging and containers, Reporting 

and recordkeeping requirements. 

40 CFR Part 263 

Environmental protection, Hazardous 

materials transportation, Hazardous 

waste, Reporting and recordkeeping 

requirements. 

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 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. 

40 CFR Part 273 

Environmental protection, Hazardous 

materials transportation, Hazardous 

waste. 

40 CFR Part 279 

Environmental protection, Petroleum, 

Recycling, Reporting and recordkeeping 

requirements. 

Dated: August 31, 2015. 

Gina McCarthy, 

Administrator. 

For the reasons set out in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is proposed to be 

amended as follows: 

PART 260— HAZARDOUS WASTE 

MANAGEMENT SYSTEM: GENERAL 

■ 1. The authority citation for part 260 

continues to read as follows: 

Authority: 42 U.S.C. 6905, 6912(a), 6921– 

6927, 6930, 6934, 6935, 6937, 6938, 6939, 

and 6974. 

■ 2. Section 260.3 is amended by 

revising the introductory paragraph to 

read as follows: 

§ 260.3 Use of number and gender. 

As used in parts 260 through 273 of 

this chapter: 

* * * * * 

■ 3. Amend § 260.10 by: 

■ a. Adding in alphabetical order the 

definitions of ‘‘Acute hazardous waste’’, 

‘‘Central accumulation area’’, ‘‘Large 

quantity generator’’, ‘‘Non-acute 

hazardous waste’’; 

■ b. Removing the definition for 

‘‘Performance Track member facility’’; 

■ c. Revising the definition of ‘‘Small 

quantity generator’’; 

■ d. Revising the heading of the 

definition ‘‘Treatability Study’’ to read 

‘‘Treatability study’’; 

■ e. Revising the heading of the 

definition ‘‘Universal Waste Handler’’ to 

read ‘‘Universal waste handler’’; and 

■ f. Revising the heading of the 

definition ‘‘Universal Waste 

Transporter’’ to read ‘‘Universal waste 

transporter’’; and 

■ g. Adding in alphabetical order the 

definition of ‘‘Very small quantity 

generator’’. 

The revisions and additions read as 

follows: 

§ 260.10 Definitions. 

* * * * * 

Acute hazardous waste means 

hazardous wastes that meet the listing 

criteria in § 261.11(a)(2) and therefore 

are either listed in § 261.31 of this 

chapter with the assigned hazard code 

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of (H) or are listed in § 261.33(e) of this 

chapter. 

* * * * * 

Central accumulation area means any 

on-site hazardous waste accumulation 

area with hazardous waste accumulating 

in units subject to either § 262.16 (for 

small quantity generators) or § 262.17 

(for large quantity generators). A central 

accumulation area at an eligible 

academic entity that chooses to be 

subject to part 262 subpart K must also 

comply with § 262.211 when 

accumulating unwanted material and/or 

hazardous waste. 

* * * * * 

Large quantity generator is a generator 

who generates any of the following 

amounts in a calendar month: 

(1) Greater than or equal to 1000 

kilograms (2200 lbs) of non-acute 

hazardous waste; 

(2) Greater than 1 kilogram (2.2 lbs) of 

acute hazardous waste listed in § 261.31 

or § 261.33(e) of this chapter; or 

(3) Greater than 100 kilograms (220 

lbs) of any residue or contaminated soil, 

water, or other debris resulting from the 

cleanup of a spill, into or on any land 

or water, of any acute hazardous waste 

listed in § 261.31 or § 261.33(e) of this 

chapter. 

* * * * * 

Non-acute hazardous waste means all 

hazardous wastes that are not acute 

hazardous waste, as defined in this 

section. 

* * * * * 

Small quantity generator is a 

generator who generates the following 

amounts in a calendar month: 

(1) Greater than 100 kilograms (220 

lbs) but less than 1000 kilograms (2200 

lbs) of non-acute hazardous waste; 

(2) Less than or equal to 1 kilogram 

(2.2 lbs) of acute hazardous waste listed 

in §§ 261.31 or § 261.33(e) of this 

chapter; and 

(3) Less than or equal to 100 

kilograms (220 lbs) of any residue or 

contaminated soil, water, or other debris 

resulting from the cleanup of a spill, 

into or on any land or water, of any 

acute hazardous waste listed in § 261.31 

or § 261.33(e) of this chapter. 

* * * * * 

Very small quantity generator is a 

generator who generates less than or 

equal to the following amounts in a 

calendar month: 

(1) 100 kilograms (220 lbs) of nonacute hazardous waste; and 

(2) 1 kilogram (2.2 lbs) of acute 

hazardous waste listed in § 261.31 or 

§ 261.33(e) of this chapter; and 

(3) 100 kilograms (220 lbs) of any 

residue or contaminated soil, water, or 

other debris resulting from the cleanup 

of a spill, into or on any land or water, 

of any acute hazardous waste listed in 

§ 261.31 or § 261.33(e) of this chapter. 

* * * * * 

■ 4. Section 260.11 is amended by 

revising the section heading and 

paragraph (d)(1) to read as follows: 

§ 260.11 Incorporation by reference. 

* * * * * 

(d) * * * 

(1) ‘‘Flammable and Combustible 

Liquids Code’’ (1977 or 1981), IBR 

approved for §§ 262.16, 264.198, 

265.198, 267.202(b). 

* * * * * 

PART 261— IDENTIFICATION AND 

LISTING OF HAZARDOUS WASTE 

■ 5. The authority citation for part 261 

continues to read as follows: 

Authority: 42 U.S.C. 6905, 6912(a), 6921, 

6922, 6924(y), and 6938. 

§ 261.1 [Amended] 

■ 6. Section 261.1, paragraph (c)(6) is 

amended by removing ‘‘(e.g.,)’’ and 

inserting ‘‘(e.g.,’’ in its place. 

■ 7. Section 261.4 is amended by 

revising paragraph (a)(7) to read as 

follows: 

§ 261.4 Exclusions. 

(a) * * * 

(7) Spent sulfuric acid used to 

produce virgin sulfuric acid provided it 

is not accumulated speculatively as 

defined in § 261.1(c) of this chapter. 

* * * * * 

§ 261.5 [Removed and reserved] 

■ 8. Remove and reserve § 261.5. 

■ 9. Section 261.6 is amended by adding 

paragraph (c)(2)(iv) to read as follows: 

§ 261.6 Requirements for recyclable 

materials. 

* * * * * 

(c) * * * 

(2) * * * 

(iv) Section 265.75 of this chapter 

(biennial reporting requirements). 

* * * * * 

■ 10. Section 261.33 is amended by 

revising paragraphs (e) introductory text 

and (f) introductory text to read as 

follows: 

§ 261.33 Discarded commercial chemical 

products, off-specification species, 

container residues, and spill residues 

thereof. 

* * * * * 

(e) The commercial chemical 

products, manufacturing chemical 

intermediates or off-specification 

commercial chemical products or 

manufacturing chemical intermediates 

referred to in paragraphs (a) through (d) 

of this section, are identified as acute 

hazardous wastes (H). 

* * * * * 

(f) The commercial chemical 

products, manufacturing chemical 

intermediates, or off-specification 

commercial chemical products referred 

to in paragraphs (a) through (d) of this 

section, are identified as toxic wastes 

(T). 

* * * * * 

■ 11. Section 261.420 is amended by 

adding paragraph (g) to read as follows: 

§ 261.420 Contingency planning and 

emergency procedures for facilities 

generating or accumulating more than 6000 

kg of hazardous secondary material. 

* * * * * 

(g) Personnel training. All employees 

must be thoroughly familiar with proper 

waste handling and emergency 

procedures relevant to their 

responsibilities during normal facility 

operations and emergencies. 

PART 262—STANDARDS APPLICABLE 

TO GENERATORS OF HAZARDOUS 

WASTE 

■ 12. The authority citation for part 262 

continues to read as follows: 

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

6925, 6937, and 6938. 

Subpart A—General 

■ 13. Section 262.1 is added to read as 

follows: 

§ 262.1 Terms used in this part. 

As used in this part: 

Independent requirement means a 

requirement of part 262 that states an 

event, action, or standard that must 

occur or be met; and that applies 

without relation to, or irrespective of, 

the purpose of obtaining a conditional 

exemption from a permit or having 

interim status under §§ 262.14, 262.15, 

262.16, or 262.17. 

Condition for exemption means any 

requirement in §§ 262.14, 262.15, 

262.16, or 262.17, that states an event, 

action, or standard that must occur or be 

met in order to obtain a conditional 

exemption from any requirement in 

parts 124, 262 through 268, or 270, or 

from any requirement for notification 

under section 3010 of RCRA. 

■ 14. Section 262.10 is amended by: 

■ a. Revising paragraphs (a) and (b); 

■ b. Removing and reserving paragraph 

(c); 

■ c. Revising paragraph (g); 

■ d. Removing and reserving paragraphs 

(j); 

■ e. Revising paragraph (l); and 

■ f. Removing Notes 1 and 2. 

The revisions and additions read as 

follows: 

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§ 262.10 Purpose, scope, and applicability. 

(a) The regulations in this part 

establish standards for generators of 

hazardous waste as defined by 40 CFR 

260.10. 

(1) A person who generates a 

hazardous waste as defined by 40 CFR 

part 261 is subject to all the applicable 

independent requirements in the 

subparts and sections listed below, 

unless the person is a very small 

quantity generator that meets the 

conditions for exemption in § 262.14. 

(i) Independent requirements of a 

small quantity generator. (A) Section 

262.11 Hazardous waste determination 

and recordkeeping; 

(B) Section 262.13 Generator category 

determination; 

(C) Section 262.18 EPA identification 

numbers and re-notification for large 

quantity generators and small quantity 

generators; 

(D) Part 262 subpart B—The manifest; 

(E) Part 262 subpart C—Pre-transport 

requirements; 

(F) Section 262.40 Recordkeeping; 

(G) Section 262.44 Special 

independent requirements for small 

quantity generators; 

(H) Part 262 subpart E–subpart F— 

Imports and exports of hazardous waste; 

(I) Part 262 subpart G—Farmers; and 

(J) Part 262 subpart H—Transfrontier 

shipments of hazardous waste for 

recovery within the OECD. 

(ii) Independent requirements of a 

large quantity generator. (A) Section 

262.11 Hazardous waste determination 

and recordkeeping; 

(B) Section 262.13 Generator category 

determination; 

(C) Section 262.18 EPA identification 

numbers and re-notification for large 

quantity generators and small quantity 

generators; 

(D) Part 262 subpart B—The manifest; 

(E) Part 262 subpart C—Pre-transport 

requirements; 

(F) Part 262 subpart D— 

Recordkeeping and reporting, except 

§ 262.44; 

(G) Part 262 subpart E-subpart F— 

Imports and exports of hazardous waste; 

(H) Part 262 subpart G—Farmers; and 

(I) Part 262 subpart H—Transfrontier 

shipments of hazardous waste for 

recovery within the OECD. 

(2) A generator that accumulates 

hazardous waste on site is a facility that 

stores hazardous waste and is subject to 

the applicable requirements of parts 

124, 263 through 270, and section 3010 

of RCRA, unless it is one of the 

following: 

(i) A very small quantity generator 

that meets the conditions for exemption 

in § 262.14; 

(ii) A small quantity generator that 

meets the conditions for exemption in 

§§ 262.15 and 262.16; or 

(iii) A large quantity generator that 

meets the conditions for exemption in 

§§ 262.15 and 262.17. 

(3) A generator shall not transport, 

offer its waste for transport, or otherwise 

cause its waste to be sent to a facility 

that is not a designated facility, as 

defined in § 260.10, or not otherwise 

authorized to receive the generator’s 

waste. 

(b) Determining generator category. A 

generator must use 40 CFR 262.13 to 

determine which provisions of this part 

are applicable to the generator based on 

the quantity of hazardous waste 

generated per calendar month. 

* * * * * 

(g)(1) A generator’s violation of an 

applicable requirement in 40 CFR part 

124, 262 through 268, or 270, or of 

applicable notification requirements of 

section 3010 of RCRA, is subject to 

penalty and injunctive relief under 

section 3008 of RCRA. 

(2) A generator’s noncompliance with 

a condition for exemption in this part is 

not subject to penalty or injunctive 

relief under section 3008 of RCRA as a 

violation of a 40 CFR part 262 condition 

for exemption. Noncompliance with a 

condition for exemption in this part 

results in failure to obtain, or to 

maintain, such exemption. Failure to 

obtain or maintain the exemption 

results in a violation of one or more 

applicable independent requirements in 

40 CFR part 124, 262 through 268, or 

270, or of the notification requirements 

of section 3010 of RCRA. A generator’s 

violation of an independent requirement 

is subject to penalty and injunctive 

relief under section 3008 of RCRA. 

* * * * * 

(l) The laboratories owned by an 

eligible academic entity that chooses to 

be subject to the requirements of subpart 

K of this part are not subject to (for 

purposes of this paragraph, the terms 

‘‘laboratory’’ and ‘‘eligible academic 

entity’’ shall have the meaning as 

defined in § 262.200 of subpart K of this 

part): 

(1) The independent requirements of 

§ 262.11 or the regulations in § 262.15 

for large quantity generators and small 

quantity generators, except as provided 

in subpart K, and 

(2) The conditions of § 262.14, for 

very small quantity generators, except as 

provided in subpart K. 

■ 15. Revise § 262.11 and its section 

heading to read as follows: 

§ 262.11 Hazardous waste determination 

and recordkeeping. 

A person who generates a solid waste, 

as defined in 40 CFR 261.2, must make 

an accurate determination of whether 

that waste is a hazardous waste using 

the following steps: 

(a) A hazardous waste determination 

for each solid waste must be made at the 

point of waste generation, before any 

dilution, mixing, or other alteration of 

the waste occurs, and at any time in the 

course of its management that it has, or 

may have, changed its properties as a 

result of exposure to the environment or 

other factors that may change the 

properties of the waste. 

(b) A person must determine if the 

solid waste is excluded from regulation 

under 40 CFR 261.4. 

(c) If the waste is not excluded under 

40 CFR 261.4, the person must then use 

knowledge of the waste to determine if 

the waste meets any of the listing 

descriptions under subpart D of 40 CFR 

part 261. Acceptable knowledge that 

may be used in making an accurate 

determination as to whether the waste is 

listed includes, but is not limited to, 

waste origin, composition, the process 

producing the waste, feedstock, and 

other relevant information. If the waste 

is listed, the person may file a delisting 

petition under 40 CFR 260.20 and 

260.22 to demonstrate to the 

Administrator that the waste from this 

particular site or operation is not a 

hazardous waste. 

(d) If the waste is not listed in subpart 

D of 40 CFR part 261 or if it is a listed 

waste, which must meet the land 

disposal restrictions under 40 CFR part 

268, the person then must also 

determine whether the waste exhibits 

one or more hazardous characteristics as 

identified in subpart C of 40 CFR part 

261 by following the procedures in 

either paragraph (d)(1) or (2) of this 

section. 

(1) The person must test the waste 

according to the methods set forth in 

subpart C of 40 CFR part 261 or 

according to an equivalent method 

approved by the Administrator under 40 

CFR 260.21 and in accordance with the 

following: 

(i) Persons testing their waste must 

obtain a representative sample of the 

waste for the testing, as defined at 40 

CFR 260.10. 

(ii) Where a test method is specified 

in the regulation, the results of the 

regulatory test, when properly 

performed, are definitive for 

determining the regulatory status of the 

waste. 

(2) The person must apply knowledge 

of the hazard characteristic of the waste 

in light of the materials or the processes 

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used. Acceptable knowledge may 

include process knowledge (e.g., 

information about chemical feedstocks 

and other inputs to the production 

process); knowledge of products, byproducts, and intermediates produced 

by the manufacturing process; chemical 

or physical characterization of wastes; 

information on the chemical and 

physical properties of the chemicals 

used or produced by the processor or 

otherwise contained in the waste; 

testing that illustrates the properties of 

the waste; or other reliable and relevant 

information about the properties of the 

waste or its constituents. A test other 

than a test method set forth in subpart 

C of 40 CFR part 261, or according to 

an equivalent method approved by the 

Administrator under 40 CFR 260.21, 

may be used as part of a person’s 

knowledge to determine whether a solid 

waste exhibits a characteristic of 

hazardous waste. However, such tests 

do not, by themselves, provide 

definitive results. 

(e) Recordkeeping for small and large 

quantity generators. A small or large 

quantity generator must maintain 

records supporting its solid and 

hazardous waste determinations, 

including records that identify a 

material as a solid waste, as defined by 

40 CFR 261.2, and records identifying 

whether that solid waste is or is not also 

a hazardous waste, as defined by 40 CFR 

261.3. Generators may wish to segregate 

any of their municipal solid waste from 

other solid and hazardous wastes to 

avoid potential co-mingling. Records 

must be maintained for at least three 

years from the date that the waste was 

last generated. These records must 

comprise the generator’s knowledge of 

the waste and support the generator’s 

determination, as described at 40 CFR 

262.11(c) and (d). The records must 

include, but are not be limited to, the 

following types of information: The 

results of any tests, sampling, or waste 

analyses; records documenting the tests, 

sampling, and analytical methods used 

and demonstrating the validity and 

relevance of such tests; records 

consulted in order to determine the 

process by which the waste was 

generated, the composition of the waste, 

and the properties of the waste; and 

records which explain the knowledge 

basis for the generator’s determination, 

as described at 40 CFR 262.11(d)(2). The 

periods of record retention referred to in 

this section are extended automatically 

during the course of any unresolved 

enforcement action regarding the 

regulated activity or as requested by the 

Administrator. 

(f) If the waste is determined to be 

hazardous, all applicable EPA 

hazardous waste numbers (EPA 

hazardous waste codes) in subparts C 

and D of part 261 must be identified. 

(g) If the waste is determined to be 

hazardous, the generator must refer to 

parts 261, 264, 265, 266, 267, 268, and 

273 of this chapter for other possible 

exclusions or restrictions pertaining to 

management of the specific waste. 

§ 262.12 [Removed and reserved] 

■ 16. Remove and reserve § 262.12. 

■ 17. Add §§ 262.13 through 262.18 to 

subpart A to read as follows: 

* * * * * 

Sec. 

262.13 Generator category determination. 

262.14 Conditions for exemption for a very 

small quantity generator. 

262.15 Satellite accumulation area 

regulations for small and large quantity 

generators. 

262.16 Conditions for exemption for a small 

quantity generator that accumulates 

hazardous waste. 

262.17 Conditions for exemption for a large 

quantity generator that accumulates 

hazardous waste. 

262.18 EPA identification numbers and renotification for small quantity generators 

and large quantity generators. 

§ 262.13 Generator category 

determination. 

(a) Monthly determination. A 

generator’s category is determined each 

month by the amount of hazardous 

waste it generates and may change from 

month to month. This section sets forth 

procedures to determine whether a 

generator is a very small quantity 

generator, a small quantity generator, or 

a large quantity generator for a 

particular month, as defined in § 260.10 

of this chapter. 

(b) Generators of both acute and nonacute hazardous wastes. A generator 

who generates both acute hazardous 

waste and non-acute hazardous waste in 

the same calendar month shall 

determine its generator category for that 

month by doing the following: 

(1) Counting separately the total 

amount of acute hazardous waste and 

the total amount of non-acute hazardous 

waste generated in the calendar month; 

(2) Subtracting from each total any 

amounts of waste exempt from counting 

as described in paragraphs (c) and (d) of 

this section; 

(3) Determining separately the 

resulting generator categories for the 

quantities of acute and non-acute 

hazardous waste generated; and 

(4) Comparing the resulting generator 

categories from paragraph (b)(3) of this 

section and applying the more stringent 

generator category to the accumulation 

and management of both non-acute 

hazardous waste and acute hazardous 

waste generated for that month. 

TABLE 1 TO § 262.13—GENERATOR CATEGORIES BASED ON QUANTITY OF WASTE GENERATED IN A CALENDAR MONTH

# 

Quantity of acute hazardous 

waste generated in a 

calendar month 

Quantity of non-acute 

hazardous waste generated in 

a calendar month 

Quantity of residues from a 

cleanup of acute hazardous 

waste generated in a 

calendar month 

Generator category 

1 ..................... > 1 kg ..................................... Any amount ............................ Any amount ............................ Large quantity generator. 

2 ..................... Any amount ............................ ≥ 1,000 kg .............................. Any amount ............................ Large quantity generator. 

3 ..................... Any amount ............................ Any amount ............................ > 100 kg ................................. Large quantity generator. 

4 ..................... ≤ 1 kg ..................................... > 100 kg and < 1,000 kg ....... ≤ 100 kg ................................. Small quantity generator. 

5 ..................... ≤ 1 kg ..................................... ≤ 100 kg ................................. ≤ 100 kg ................................. Very small quantity generator. 

(c) When making the monthly 

quantity-based determinations required 

by this part, the generator must include 

all hazardous waste that it generates, 

except hazardous waste that: 

(1) Is exempt from regulation under 

40 CFR 261.4(c) through (f), 261.6(a)(3), 

261.7(a)(1), or 261.8; 

(2) Is managed immediately upon 

generation only in on-site elementary 

neutralization units, wastewater 

treatment units, or totally enclosed 

treatment facilities as defined in 40 CFR 

260.10; 

(3) Is recycled, without prior storage 

or accumulation, only in an on-site 

process subject to regulation under 40 

CFR 261.6(c)(2); 

(4) Is used oil managed under the 

requirements of 40 CFR 261.6(a)(4) and 

40 CFR part 279; 

(5) Is spent lead-acid batteries 

managed under the requirements of 40 

CFR part 266 subpart G; 

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(6) Is universal waste managed under 

40 CFR 261.9 and 40 CFR part 273; 

(7) Is a hazardous waste that is an 

unused commercial chemical product 

(listed in 40 CFR part 261 subpart D or 

exhibiting one or more characteristics in 

40 CFR part 261 subpart C) that is 

generated solely as a result of a 

laboratory clean-out conducted at an 

eligible academic entity pursuant to 

§ 262.213. For purposes of this 

provision, the term eligible academic 

entity shall have the meaning as defined 

in § 262.200; or 

(8) Is managed under an episodic 

event in compliance with the conditions 

of subpart L of this part. 

(d) In determining the quantity of 

hazardous waste generated in a calendar 

month, a generator need not include: 

(1) Hazardous waste when it is 

removed from on-site accumulation; or 

(2) Hazardous waste generated by onsite treatment (including reclamation) of 

the generator’s hazardous waste, so long 

as the hazardous waste that is treated 

was previously counted once; or 

(3) Spent materials that are generated, 

reclaimed, and subsequently reused on 

site, so long as such spent materials 

have been previously counted once. 

§ 262.14 Conditions for exemption for a 

very small quantity generator. 

(a) Hazardous waste generated by a 

very small quantity generator is not 

subject to the independent requirements 

of this part, except the paragraphs of 

§ 262.11 specified below or the 

requirements of parts 124, 264 through 

268, and 270 of this chapter, and the 

notification requirements of section 

3010 of RCRA. A very small quantity 

generator may accumulate hazardous 

waste on site without a permit or 

interim status, and without complying 

with all the independent requirements 

of the above-mentioned parts and the 

notification requirements of section 

3010, provided that it meets all the 

conditions for exemption listed in this 

section: 

(1) In a calendar month the very small 

quantity generator generates less than or 

equal to the amounts specified in the 

definition of ‘‘very small quantity 

generator’’ in § 260.10 of this chapter; 

(2) The very small quantity generator 

complies with § 262.11(a) through (d) of 

this chapter; 

(3) Accumulation conditions for 

exemption—(i) Acute hazardous waste. 

If the very small quantity generator 

accumulates at any time greater than 1 

kilogram (2.2 lbs) of acute hazardous 

waste or 100 kilograms (220 lbs) of any 

residue or contaminated soil, water, or 

other debris resulting from the cleanup 

of a spill, into or on any land or water, 

of any acute hazardous waste listed in 

§§ 261.31 or 261.33(e) of this chapter, all 

quantities of that acute hazardous waste 

are subject to full hazardous waste 

regulation under parts 124, 262 through 

268, and 270 of this chapter, and the 

notification requirements of section 

3010 of RCRA. The 90-day 

accumulation time limit of § 262.17 

begins on the date when the 

accumulated wastes exceed the above 

waste quantity limits; 

(ii) Non-acute hazardous waste. If the 

very small quantity generator 

accumulates at any time 1,000 kilograms 

(2,200 lbs) or greater of non-acute 

hazardous waste, all quantities of that 

hazardous waste are subject to full 

hazardous waste regulation under parts 

124, 262 through 268, and 270 of this 

chapter, and the notification 

requirements of section 3010 of RCRA. 

The 180-day and 270-day accumulation 

time limits of § 262.16 begin on the date 

when the accumulated wastes equal or 

exceed 1000 kilograms (2,200 lbs). 

(4) A very small quantity generator 

that accumulates hazardous waste 

within the limits in paragraphs (a)(3)(i) 

and (ii) of this section must either treat 

or dispose of its hazardous waste in an 

on-site facility or ensure delivery to an 

off-site treatment, storage, or disposal 

facility, either of which, if located in the 

U.S., is: 

(i) Permitted under part 270 of this 

chapter; 

(ii) In interim status under parts 270 

and 265 of this chapter; 

(iii) Authorized to manage hazardous 

waste by a State with a hazardous waste 

management program approved under 

part 271 of this chapter; 

(iv) Permitted, licensed, or registered 

by a state to manage municipal solid 

waste and, if managed in a municipal 

solid waste landfill is subject to part 258 

of this chapter; 

(v) Permitted, licensed, or registered 

by a state to manage non-municipal 

non-hazardous waste and, if managed in 

a non-municipal non-hazardous waste 

disposal unit, is subject to the 

requirements in §§ 257.5 through 257.30 

of this chapter; 

(vi) A facility which: 

(A) Beneficially uses or reuses, or 

legitimately recycles or reclaims its 

waste; or 

(B) Treats its waste prior to beneficial 

use or reuse, or legitimate recycling or 

reclamation; 

(vii) For universal waste managed 

under part 273 of this chapter, a 

universal waste handler or destination 

facility subject to the requirements of 

part 273 of this chapter; 

(viii) A large quantity generator under 

the control of the same person as the 

very small quantity generator, provided 

the following conditions are met: 

(A) The very small quantity generator 

and the large quantity generator are 

under the control of the same person as 

defined in § 260.10 of this chapter. 

‘‘Control,’’ for the purposes of this 

section, means the power to direct the 

policies of the generator site, whether by 

the ownership of stock, voting rights, or 

otherwise, except that contractors who 

operate generator sites on behalf of a 

different person as defined in § 260.10 

of this chapter shall not be deemed to 

‘‘control’’ such generator sites. 

(B) The very small quantity generator 

marks its container(s) of hazardous 

waste with: 

(1) The words ‘‘Very Small Quantity 

Generator Hazardous Waste’’; 

(2) Other words that identify the 

contents of the containers (examples 

may include, but are not limited to, the 

name of the chemical(s), such as 

‘‘acetone’’ or ‘‘methylene dichloride’’ or 

the type or class of chemical, such as 

‘‘organic solvents’’ or ‘‘halogenated 

organic solvents’’ or, as applicable, the 

proper shipping name and technical 

name markings used to comply with 

Department of Transportation 

requirements at 49 CFR part 172 subpart 

D); 

(3) An indication of the hazards of the 

contents (examples include, but are not 

limited to, the applicable hazardous 

waste characteristic(s) (i.e., ignitable, 

corrosive, reactive, toxic); a hazard class 

label consistent with the Department of 

Transportation requirements at 49 CFR 

part 172 subpart E (labeling); a label 

consistent with the Occupational Safety 

and Health Administration Hazard 

Communication Standard at 29 CFR 

1920.1200; a chemical hazard label 

consistent with the National Fire 

Protection Association code 704; a 

hazard pictogram consistent with the 

United Nations’ Globally Harmonized 

System; or any other marking or labeling 

commonly used nationwide in 

commerce that identifies the nature of 

the hazards associated with the contents 

of the waste accumulation unit); and 

(4) The applicable EPA hazardous 

waste number(s) (hazardous waste 

codes) in part 261 subparts C and D. 

(b) Mixing hazardous waste with nonhazardous waste. A very small quantity 

generator may mix listed or 

characteristic hazardous waste with 

non-hazardous waste and remain 

eligible for the conditional exemption 

applicable to a very small quantity 

generator provided that either paragraph 

(b)(1) or (2) of this section is met: 

(1) The mixture does not exhibit any 

of the characteristics of hazardous waste 

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identified in subpart C of part 261 of 

this chapter; or 

(2) If the mixture does exhibit one or 

more characteristics of a hazardous 

waste identified in subpart C of part 261 

of this chapter, the mixture does not 

cause the generator to exceed the very 

small quantity generator calendar month 

quantity limits identified in the 

definition of very small quantity 

generator at § 260.10 of this chapter. If 

the mixture does exceed the quantity 

limit for a very small quantity generator, 

the very small quantity generator, to 

remain exempt from the permitting and 

interim status standards, must meet the 

conditions for exemption applicable to 

either a small quantity generator or large 

quantity generator according to the 

quantity of the hazardous waste it 

generated in a calendar month, 

including the resultant mixture and the 

total quantity the very small quantity 

generator accumulated on site. 

(c) If a very small quantity generator’s 

wastes are mixed with used oil, the 

mixture is subject to 40 CFR part 279. 

Any material produced from such a 

mixture by processing, blending, or 

other treatment is also regulated under 

40 CFR part 279. 

(d) The placement of bulk or noncontainerized liquid hazardous waste or 

hazardous waste containing free liquids 

(whether or not sorbents have been 

added) in any landfill is prohibited. 

(e) A very small quantity generator 

experiencing an episodic event may 

accumulate hazardous waste in 

accordance with subpart L of this part 

in lieu of §§ 262.15, 262.16, and 262.17. 

§ 262.15 Satellite accumulation area 

regulations for small and large quantity 

generators. 

(a) A generator may accumulate as 

much as 55 gallons of non-acute 

hazardous waste and/or one quart or 1 

kg (2.2 lbs) of acute hazardous waste 

listed in § 261.31 or § 261.33(e) of this 

chapter in containers at or near any 

point of generation where wastes 

initially accumulate which is under the 

control of the operator of the process 

generating the waste, without a permit 

or interim status and without complying 

with § 262.16(b) or § 262.17(a) provided 

the generator complies with the 

following conditions for exemption: 

(1) If a container holding hazardous 

waste is not in good condition, or if it 

begins to leak, the generator must 

transfer the hazardous waste from this 

container to a container that is in good 

condition and does not leak, or transfer 

and manage the waste in a central 

accumulation area. 

(2) The generator must use a container 

made of or lined with materials that will 

not react with, and are otherwise 

compatible with, the hazardous waste to 

be accumulated, so that the ability of the 

container to contain the waste is not 

impaired. 

(3) Special standards for incompatible 

wastes. 

(i) Incompatible wastes, or 

incompatible wastes and materials, (see 

appendix V of part 265 for examples) 

must not be placed in the same 

container, unless § 265.17(b) of this 

chapter is complied with. 

(ii) Hazardous waste must not be 

placed in an unwashed container that 

previously held an incompatible waste 

or material (see appendix V of part 265 

for examples), unless § 265.17(b) of this 

chapter is complied with. 

(iii) A container holding a hazardous 

waste that is incompatible with any 

waste or other materials accumulated 

nearby in other containers, piles, open 

tanks, or surface impoundments must be 

separated from the other materials or 

protected from them by means of a dike, 

berm, wall, or other device. 

(4) A container holding hazardous 

waste must be closed at all times during 

accumulation, except: 

(i) When adding, removing, or 

consolidating waste, or 

(ii) When venting of a container is 

necessary 

(A) For the proper operation of 

equipment, or 

(B) To prevent dangerous situations, 

such as build-up of extreme pressure. 

(5) A generator must mark its 

container with the following: 

(i) The words ‘‘Hazardous Waste,’’ 

and 

(ii) Other words that identify the 

contents of the containers (examples 

may include, but are not limited to the 

name of the chemical(s), such as 

‘‘acetone’’ or ‘‘methylene dichloride’’; or 

the type or class of chemical, such as 

‘‘organic solvents’’ or ‘‘halogenated 

organic solvents’’ or, as applicable, the 

proper shipping name and technical 

name markings used to comply with 

Department of Transportation 

requirements at 49 CFR part 172 subpart 

D); and 

(iii) An indication of the hazards of 

the contents. (examples include, but are 

not limited to, the applicable hazardous 

waste characteristic(s) (i.e., ignitable, 

corrosive, reactive, toxic); a hazard class 

label consistent with the Department of 

Transportation requirements at 49 CFR 

part 172 subpart E (labeling); a label 

consistent with the Occupational Safety 

and Health Administration Hazard 

Communication Standard at 29 CFR 

1920.1200; a chemical hazard label 

consistent with the National Fire 

Protection Association code 704; or a 

hazard pictogram consistent with the 

United Nations’ Globally Harmonized 

System; or any other marking or labeling 

commonly used nationwide in 

commerce that identifies the nature of 

the hazards associated with the contents 

of the waste accumulation unit). 

(6) A generator who accumulates 

either non-acute hazardous waste or 

acute hazardous waste listed in § 261.31 

or § 261.33(e) of this chapter in excess 

of the amounts listed in paragraph (a) of 

this section at or near any point of 

generation must do the following: 

(i) Remove the excess from the 

satellite accumulation area within three 

calendar days to either 

(A) A central accumulation area; 

(B) An on-site interim status or 

permitted treatment, storage, or disposal 

facility, or 

(C) An off-site designated facility. 

(ii) During the three-calendar-day 

period the generator must continue to 

comply with paragraphs (a)(1) through 

(5) of this section. The generator must 

mark the container(s) holding the excess 

accumulation of hazardous waste with 

the date the excess amount began 

accumulating. 

§ 262.16 Conditions for exemption for a 

small quantity generator that accumulates 

hazardous waste. 

A small quantity generator may 

accumulate hazardous waste on-site 

without a permit or interim status, and 

without complying with the 

independent requirements of parts 124, 

264 through 268, and 270 of this 

chapter, provided that all the conditions 

for exemption listed in this section are 

met: 

(a) Generation. The generator 

generates in a calendar month no more 

than the amounts specified in the 

definition of ‘‘small quantity generator’’ 

in § 260.10 of this chapter. 

(b) Accumulation. The generator 

accumulates hazardous waste on site for 

no more than 180 days, unless in 

compliance with the conditions for 

exemption for longer accumulation in 

paragraphs (c) and (d) of this section. 

The following accumulation conditions 

also apply: 

(1) Accumulation limit. The quantity 

of hazardous waste accumulated on site 

never exceeds 6,000 kilograms (13,200 

pounds); 

(2) Accumulation in containers—(i) 

Condition of containers. If a container 

holding hazardous waste is not in good 

condition, or if it begins to leak, the 

small quantity generator must transfer 

the hazardous waste from this container 

to a container that is in good condition, 

or manage the waste in some other way 

that complies with the conditions for 

exemption of this section. 

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(ii) Compatibility of waste with 

container. The small quantity generator 

must use a container made of or lined 

with materials that will not react with, 

and are otherwise compatible with, the 

hazardous waste to be accumulated, so 

that the ability of the container to 

contain the waste is not impaired. 

(iii) Management of containers. (A) A 

container holding hazardous waste must 

always be closed during accumulation, 

except when it is necessary to add or 

remove waste. 

(B) A container holding hazardous 

waste must not be opened, handled, or 

accumulated in a manner that may 

rupture the container or cause it to leak. 

(iv) Inspections. At least weekly, the 

small quantity generator must inspect 

central accumulation areas. The small 

quantity generator must look for leaking 

containers and for deterioration of 

containers caused by corrosion or other 

factors. See paragraph (a)(2)(i) of this 

section for remedial action required if 

deterioration or leaks are detected. 

(v) Special conditions for 

accumulation of incompatible wastes. 

(A) Incompatible wastes, or 

incompatible wastes and materials, (see 

appendix V of part 265 for examples) 

must not be placed in the same 

container, unless § 265.17(b) of this 

chapter is complied with. 

(B) Hazardous waste must not be 

placed in an unwashed container that 

previously held an incompatible waste 

or material (see appendix V of part 265 

for examples), unless § 265.17(b) of this 

chapter is complied with. 

(C) A container accumulating 

hazardous waste that is incompatible 

with any waste or other materials 

accumulated or stored nearby in other 

containers, piles, open tanks, or surface 

impoundments must be separated from 

the other materials or protected from 

them by means of a dike, berm, wall, or 

other device. 

(3) Accumulation in tanks. 

(i) [Reserved] 

(ii) A small quantity generator of 

hazardous waste must comply with the 

following general operating conditions: 

(A) Treatment or accumulation of 

hazardous waste in tanks must comply 

with § 265.17(b) of this chapter. 

(B) Hazardous wastes or treatment 

reagents must not be placed in a tank if 

they could cause the tank or its inner 

liner to rupture, leak, corrode, or 

otherwise fail before the end of its 

intended life. 

(C) Uncovered tanks must be operated 

to ensure at least 60 centimeters (2 feet) 

of freeboard, unless the tank is equipped 

with a containment structure (e.g., dike 

or trench), a drainage control system, or 

a diversion structure (e.g., standby tank) 

with a capacity that equals or exceeds 

the volume of the top 60 centimeters (2 

feet) of the tank. 

(D) Where hazardous waste is 

continuously fed into a tank, the tank 

must be equipped with a means to stop 

this inflow (e.g., waste feed cutoff 

system or by-pass system to a stand-by 

tank). 

(iii) Except as noted in paragraph 

(a)(3)(iv) of this section, a small quantity 

generator that accumulates hazardous 

waste in tanks must inspect, where 

present: 

(A) Discharge control equipment (e.g., 

waste feed cutoff systems, by-pass 

systems, and drainage systems) at least 

once each operating day, to ensure that 

it is in good working order; 

(B) Data gathered from monitoring 

equipment (e.g., pressure and 

temperature gauges) at least once each 

operating day to ensure that the tank is 

being operated according to its design; 

(C) The level of waste in the tank at 

least once each operating day to ensure 

compliance with paragraph (a)(3)(ii)(C) 

of this section; 

(D) The construction materials of the 

tank at least weekly to detect corrosion 

or leaking of fixtures or seams; and 

(E) The construction materials of, and 

the area immediately surrounding, 

discharge confinement structures (e.g., 

dikes) at least weekly to detect erosion 

or obvious signs of leakage (e.g., wet 

spots or dead vegetation). As required 

by § 265.15(c) of this chapter, the small 

quantity generator must remedy any 

deterioration or malfunction it finds. 

(iv) A small quantity generator 

accumulating hazardous waste in tanks 

or tank systems that have full secondary 

containment and that either use leak 

detection equipment to alert personnel 

to leaks, or implement established 

workplace practices to ensure leaks are 

promptly identified, must inspect at 

least weekly, where applicable, the 

areas identified in paragraphs 

(a)(3)(iii)(A) through (E) of this section. 

Use of the alternate inspection schedule 

must be documented in the site’s 

operating record. This documentation 

must include a description of the 

established workplace practices at the 

site. 

(v) [Reserved.] 

(vi) A small quantity generator 

accumulating hazardous waste in tanks 

must, upon closure of the site, remove 

all hazardous waste from tanks, 

discharge control equipment, and 

discharge confinement structures. At 

closure, as throughout the operating 

period, unless the small quantity 

generator can demonstrate, in 

accordance with § 261.3(c) or (d) of this 

chapter, that any solid waste removed 

from its tank is not a hazardous waste, 

then it must manage such waste in 

accordance with all applicable 

provisions of parts 262, 263, and 265 of 

this chapter. 

(vii) A small quantity generator must 

comply with the following special 

conditions for accumulation of ignitable 

or reactive waste: 

(A) Ignitable or reactive waste must 

not be placed in a tank, unless: 

(1) The waste is treated, rendered, or 

mixed before or immediately after 

placement in a tank so that the resulting 

waste, mixture, or dissolution of 

material no longer meets the definition 

of ignitable or reactive waste under 

§ 261.21 or 261.23 of this chapter and 

§ 265.17(b) of this chapter is complied 

with; or 

(2) The waste is accumulated or 

treated in such a way that it is protected 

from any material or conditions that 

may cause the waste to ignite or react; 

or 

(3) The tank is used solely for 

emergencies. 

(B) A small quantity generator which 

treats or accumulates ignitable or 

reactive waste in covered tanks must 

comply with the buffer zone 

requirements for tanks contained in 

Tables 2–1 through 2–6 of the National 

Fire Protection Association’s 

‘‘Flammable and Combustible Liquids 

Code,’’ (1977 or 1981) (incorporated by 

reference, see § 260.11). 

(C) A small quantity generator must 

comply with the following special 

conditions for incompatible wastes: 

(1) Incompatible wastes, or 

incompatible wastes and materials, (see 

part 265 appendix V for examples) must 

not be placed in the same tank, unless 

§ 265.17(b) of this chapter is complied 

with. 

(2) Hazardous waste must not be 

placed in an unwashed tank that 

previously held an incompatible waste 

or material, unless § 265.17(b) of this 

chapter is complied with. 

(4) Accumulation of hazardous waste 

on drip pads. A small quantity generator 

may accumulate hazardous waste on 

drip pads for 90 days or less without a 

permit or without having interim status 

provided that it complies with 40 CFR 

part 265 subpart W. The generator must 

maintain at the facility the following 

records by use of inventory logs, 

monitoring equipment, or any other 

effective means: 

(i) A written description of 

procedures that will identify the date 

hazardous waste first entered the drip 

pad and ensure that all wastes are 

removed from the drip pad and 

associated collection system at least 

once every 90 days; and 

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(ii) Documentation of each waste 

removal, including the quantity of waste 

removed from the drip pad and the 

sump or collection system and the date 

and time of removal. 

(5) Accumulation of hazardous waste 

in containment buildings. A small 

quantity generator may accumulate 

hazardous waste in containment 

buildings for 90 days or less without a 

permit or without having interim status 

provided that it complies with 40 CFR 

part 265 subpart DD. The generator must 

also maintain the following records by 

use of inventory logs, monitoring 

equipment records, or any other 

effective means: 

(i) The professional engineer 

certification that the building complies 

with the design standards specified in 

40 CFR 265.1101. This certification 

must be in the facility’s operating record 

prior to operation of the unit; and 

(ii) A written description of 

procedures to ensure that each waste 

volume remains in the unit for no more 

than 90 days, a written description of 

the waste generation and management 

practices for the site showing that they 

are consistent with maintaining the 90 

day limit, and documentation that the 

procedures are complied with; or 

(iii) Documentation that the unit is 

emptied at least once every 90 days. 

(6) Labeling and marking of 

containers, tanks, drip pads, and 

containment buildings. (i) A small 

quantity generator must mark its 

containers with the following: 

(A) The words ‘‘Hazardous Waste’’; 

(B) Other words that identify the 

contents of the containers (examples 

may include, but are not limited to, the 

name of the chemical(s), such as 

‘‘acetone’’ or ‘‘methylene dichloride’’; or 

the type or class of chemical, such as 

‘‘organic solvents’’ or ‘‘halogenated 

organic solvents or, as applicable, the 

proper shipping name and technical 

name markings used to comply with 

Department of Transportation 

requirements at 49 CFR part 172 subpart 

D);’’ 

(C) An indication of the hazards of the 

contents (examples include, but are not 

limited to, the applicable hazardous 

waste characteristic(s) (i.e., ignitable, 

corrosive, reactive, toxic); a hazard class 

label consistent with the Department of 

Transportation requirements at 49 CFR 

part 172 subpart E (labeling); a label 

consistent with the Occupational Safety 

and Health Administration Hazard 

Communication Standard at 29 CFR 

1920.1200; a chemical hazard label 

consistent with the National Fire 

Protection Association code 704; a 

hazard pictogram consistent with the 

United Nations’ Globally Harmonized 

System; or any other marking or labeling 

commonly used nationwide in 

commerce that identifies the nature of 

the hazards associated with the contents 

of the waste accumulation unit); and 

(D) The date upon which each period 

of accumulation begins clearly visible 

for inspection on each container. 

(ii) A small quantity generator 

accumulating hazardous waste in tanks, 

drip pads and containment buildings 

must do the following: 

(A) Mark or label its waste 

accumulation units with the words 

‘‘Hazardous Wastes.’’ In the case of 

hazardous wastes accumulated in drip 

pads and containment buildings, 

generators must label their drip pads 

and containment buildings with the 

words ‘‘Hazardous Wastes’’ in a 

conspicuous place easily visible to 

employees, visitors, emergency 

responders, waste handlers, or other 

persons on site; 

(B) Use inventory logs, monitoring 

equipment, or records to identify the 

contents of the tank, drip pad or 

containment building and its associated 

hazards; 

(C) Use inventory logs, monitoring 

equipment or records to identify the 

date upon which each period of 

accumulation begins; and 

(D) Keep inventory logs or records 

with the above information in close 

proximity to the tank, drip pad, or 

containment building. 

(7) Land disposal restrictions. The 

generator complies with all the 

applicable requirements under 40 CFR 

part 268. 

(8) Preparedness and prevention—(i) 

Maintenance and operation of site. A 

small quantity generator must maintain 

and operate its site to minimize the 

possibility of a fire, explosion, or any 

unplanned sudden or non-sudden 

release of hazardous waste or hazardous 

waste constituents to air, soil, or surface 

water which could threaten human 

health or the environment. 

(ii) Required equipment. All areas 

where hazardous waste is either 

generated or accumulated must be 

equipped with the items in paragraphs 

(b)(8)(ii)(A) through (D) of this section 

(unless none of the hazards posed by 

waste handled at the site could require 

a particular kind of equipment specified 

below or the actual waste generation or 

accumulation area does not lend itself 

for safety reasons to have a particular 

kind of equipment specified below). A 

small quantity generator may determine 

the most appropriate locations within 

its generator site to locate equipment 

necessary to prepare for and respond to 

emergencies. 

(A) An internal communications or 

alarm system capable of providing 

immediate emergency instruction (voice 

or signal) to site personnel; 

(B) A device, such as a telephone 

(immediately available at the scene of 

operations) or a hand-held two-way 

radio, capable of summoning emergency 

assistance from local police 

departments, fire departments, or State 

or local emergency response teams; 

(C) Portable fire extinguishers, fire 

control equipment (including special 

extinguishing equipment, such as that 

using foam, inert gas, or dry chemicals), 

spill control equipment, and 

decontamination equipment; and 

(D) Water at adequate volume and 

pressure to supply water hose streams, 

or foam producing equipment, or 

automatic sprinklers, or water spray 

systems. 

(iii) Testing and maintenance of 

equipment. All communications or 

alarm systems, fire protection 

equipment, spill control equipment, and 

decontamination equipment, where 

required, must be tested and maintained 

as necessary to assure its proper 

operation in time of emergency. 

(iv) Access to communications or 

alarm system. (A) Whenever hazardous 

waste is being poured, mixed, spread, or 

otherwise handled, all personnel 

involved in the operation must have 

immediate access (e.g., direct or 

unimpeded access) to an internal alarm 

or emergency communication device, 

either directly or through visual or voice 

contact with another employee, unless 

such a device is not required under 

paragraph (a)(8)(ii) of this section. 

(B) In the event there is just one 

employee on the premises while the site 

is operating, the employee must have 

immediate access (e.g., direct or 

unimpeded access) to a device, such as 

a telephone (immediately available at 

the scene of operation) or a hand-held 

two-way radio, capable of summoning 

external emergency assistance, unless 

such a device is not required under 

paragraph (a)(8)(ii) of this section. 

(v) Required aisle space. The small 

quantity generator must maintain aisle 

space to allow the unobstructed 

movement of personnel, fire protection 

equipment, spill control equipment, and 

decontamination equipment to any area 

of site operation in an emergency, 

unless aisle space is not needed for any 

of these purposes. 

(vi) Arrangements with local 

authorities. (A) The small quantity 

generator must make arrangements with 

the Local Emergency Planning 

Committee for the types and quantities 

of hazardous waste handled at the site, 

as well as the potential need for the 

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services of the local police department, 

other emergency response teams, 

emergency response contractors, 

equipment suppliers and local 

hospitals. Should there be no Local 

Emergency Planning Committee, should 

it not respond, or should the Local 

Emergency Planning Committee 

determine that it is not the appropriate 

organization to make arrangements 

with, then the small quantity generator 

must make arrangements with the local 

fire department and other relevant 

emergency responders, (e.g., police and 

hospitals). 

(1) A small quantity generator that 

must make arrangements with its local 

fire department must determine the 

potential need for the services of the 

local police department, other 

emergency response teams, emergency 

response contractors, equipment 

suppliers and local hospitals. 

(2) As part of this coordination, the 

small quantity generator shall make 

arrangements, as necessary, to 

familiarize the above organizations with 

the layout of the site, the properties of 

hazardous waste handled at the site and 

associated hazards, places where site 

personnel would normally be working, 

entrances to roads inside the site, and 

possible evacuation routes as well as the 

types of injuries or illnesses that could 

result from fires, explosions, or releases 

at the site. 

(3) Where more than one police or fire 

department might respond to an 

emergency, the small quantity generator 

shall enter into agreements designating 

primary emergency authority to a 

specific fire or police department, and 

agreements with any others to provide 

support to the primary emergency 

authority. 

(B) A small quantity generator shall 

maintain records documenting the 

arrangements with the Local Emergency 

Planning Committee, or if appropriate, 

with the local fire department as well as 

any other organization necessary to 

respond to an emergency. This 

documentation must include a certified 

letter or any other documentation that 

confirms such arrangements actively 

exist. 

(9) Emergency procedures. The small 

quantity generator complies with the 

following conditions for those areas of 

the generator site where hazardous 

waste is generated and accumulated: 

(i) At all times there must be at least 

one employee either on the premises or 

on call (i.e., available to respond to an 

emergency by reaching the site within a 

short period of time) with the 

responsibility for coordinating all 

emergency response measures specified 

in paragraph (b)(9)(iv) of this section. 

This employee is the emergency 

coordinator. 

(ii) The small quantity generator must 

post the following information next to 

telephones or in areas directly involved 

in the generation and accumulation of 

hazardous waste: 

(A) The name and emergency 

telephone number of the emergency 

coordinator; 

(B) Location of fire extinguishers and 

spill control material, and, if present, 

fire alarm; and 

(C) The telephone number of the fire 

department, unless the site has a direct 

alarm. 

(iii) The small quantity generator 

must ensure that all employees are 

thoroughly familiar with proper waste 

handling and emergency procedures, 

relevant to their responsibilities during 

normal site operations and emergencies; 

(iv) The emergency coordinator or his 

designee must respond to any 

emergencies that arise. The applicable 

responses are as follows: 

(A) In the event of a fire, call the fire 

department or attempt to extinguish it 

using a fire extinguisher; 

(B) In the event of a spill, the small 

quantity generator is responsible for 

containing the flow of hazardous waste 

to the extent possible, and as soon as is 

practicable, cleaning up the hazardous 

waste and any contaminated materials 

or soil. Such containment and cleanup 

can be conducted either by the small 

quantity generator or by a contractor on 

behalf of the small quantity generator; 

(C) In the event of a fire, explosion, 

or other release that could threaten 

human health outside the site or when 

the small quantity generator has 

knowledge that a spill has reached 

surface water, the small quantity 

generator must immediately notify the 

National Response Center (using their 

24-hour toll free number 800/424–8802). 

The report must include the following 

information: 

(1) The name, address, and U.S. EPA 

Identification Number of the small 

quantity generator; 

(2) Date, time, and type of incident 

(e.g., spill or fire); 

(3) Quantity and type of hazardous 

waste involved in the incident; 

(4) Extent of injuries, if any; and 

(5) Estimated quantity and disposition 

of recovered materials, if any. 

(c) Mixing hazardous waste with nonhazardous waste. A small quantity 

generator may mix its hazardous waste 

with non-hazardous waste and remain 

eligible for the conditional exemption 

applicable to a small quantity generator 

provided that either paragraph (c)(1) or 

(2) of this section is met. 

(1) The mixture is not a hazardous 

waste according to the mixture rules in 

§§ 261.3(a)(2)(iv), (b)(2) and (3), and 

(g)(2)(i); or 

(2) If the mixture is a hazardous 

waste, the mixture does not cause the 

generator to exceed the small quantity 

generator quantity limits for a calendar 

month, as identified in the definition of 

small quantity generator at § 260.10 of 

this chapter. If the mixture does exceed 

the small quantity generator quantity 

limits, a small quantity generator, to 

remain exempt from the permitting and 

interim status standards, must meet the 

conditions for exemption applicable to 

a large quantity generator. 

(d) Transporting over 200 miles. A 

small quantity generator who must 

transport its waste, or offer its waste for 

transportation, over a distance of 200 

miles or more for off-site treatment, 

storage or disposal may accumulate 

hazardous waste on site for 270 days or 

less without a permit or without having 

interim status provided that the 

generator complies with the conditions 

of paragraph (a) of this section. 

(e) Accumulation time limit 

extension. A small quantity generator 

who accumulates hazardous waste for 

more than 180 days (or for more than 

270 days if it must transport its waste, 

or offer its waste for transportation, over 

a distance of 200 miles or more) is an 

operator of a storage facility and is 

subject to the requirements of 40 CFR 

parts 264, 265, 267, 268, and 270 and 

the permit requirements of 40 CFR part 

270 unless it has been granted an 

extension to the 180-day (or 270-day if 

applicable) period. Such extension may 

be granted by EPA if hazardous wastes 

must remain on site for longer than 180 

days (or 270 days if applicable) due to 

unforeseen, temporary, and 

uncontrollable circumstances. An 

extension of up to 30 days may be 

granted at the discretion of the Regional 

Administrator on a case-by-case basis. 

(f) Rejected load. A small quantity 

generator who sends a shipment of 

hazardous waste to a designated facility 

with the understanding that the 

designated facility can accept and 

manage the waste and later receives that 

shipment back as a rejected load or 

residue in accordance with the manifest 

discrepancy provisions of § 264.72 or 

265.72 of this chapter may accumulate 

the returned waste on site in accordance 

with paragraphs (a), (c), and (d) of this 

section. Upon receipt of the returned 

shipment, the generator must: 

(i) Sign Item 18c of the manifest, if the 

transporter returned the shipment using 

the original manifest; or 

(ii) Sign Item 20 of the manifest, if the 

transporter returned the shipment using 

a new manifest. 

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(g) A small quantity generator 

experiencing an episodic event may 

accumulate hazardous waste in 

accordance with subpart L of this part 

in lieu of § 262.17. 

§ 262.17 Conditions for exemption for a 

large quantity generator that accumulates 

hazardous waste. 

A large quantity generator may 

accumulate hazardous waste on-site 

without a permit or interim status, and 

without complying with the 

independent requirements of parts 124, 

264 through 268, and 270 of this 

chapter, provided that all of the 

conditions for exemption listed in this 

section are met: 

(a) Accumulation. A large quantity 

generator accumulates hazardous waste 

on site for no more than 90 days, unless 

in compliance with the accumulation 

time limit extension or F006 

accumulation conditions for exemption 

in § 262.17(b) through (e). The following 

accumulation conditions also apply: 

(1) Accumulation in containers. If the 

hazardous waste is placed in containers, 

the large quantity generator must 

comply with the following: 

(i) Air emission standards. The 

applicable requirements of subparts AA, 

BB, and CC of 40 CFR part 265; 

(ii) Condition of containers. If a 

container holding hazardous waste is 

not in good condition, or if it begins to 

leak, the large quantity generator must 

transfer the hazardous waste from this 

container to a container that is in good 

condition, or manage the waste in some 

other way that complies with the 

conditions for exemption of this section; 

(iii) Compatibility of waste with 

container. The large quantity generator 

must use a container made of or lined 

with materials that will not react with, 

and are otherwise compatible with, the 

hazardous waste to be stored, so that the 

ability of the container to contain the 

waste is not impaired; 

(iv) Management of containers. (A) A 

container holding hazardous waste must 

always be closed during accumulation, 

except when it is necessary to add or 

remove waste. 

(B) A container holding hazardous 

waste must not be opened, handled, or 

stored in a manner that may rupture the 

container or cause it to leak. 

(v) Inspections. At least weekly, the 

large quantity generator must inspect 

central accumulation areas. The large 

quantity generator must look for leaking 

containers and for deterioration of 

containers caused by corrosion or other 

factors. See paragraph (a)(1)(ii) of this 

section for remedial action required if 

deterioration or leaks are detected. 

(vi) Special conditions for 

accumulation of ignitable and reactive 

wastes. (A) Containers holding ignitable 

or reactive waste must be located at 

least 15 meters (50 feet) from the site’s 

property line unless a written waiver is 

obtained from the local fire department 

allowing hazardous waste accumulation 

to occur within this restricted area. 

Record of this approval must be 

maintained as long as ignitable or 

reactive hazardous waste is 

accumulated in this area. 

(B) The large quantity generator must 

take precautions to prevent accidental 

ignition or reaction of ignitable or 

reactive waste. This waste must be 

separated and protected from sources of 

ignition or reaction including but not 

limited to the following: open flames, 

smoking, cutting and welding, hot 

surfaces, frictional heat, sparks (static, 

electrical, or mechanical), spontaneous 

ignition (e.g., from heat-producing 

chemical reactions), and radiant heat. 

While ignitable or reactive waste is 

being handled, the large quantity 

generator must confine smoking and 

open flame to specially designated 

locations. ‘‘No Smoking’’ signs must be 

conspicuously placed wherever there is 

a hazard from ignitable or reactive 

waste. 

(vii) Special conditions for 

accumulation of incompatible wastes. 

(A) Incompatible wastes, or 

incompatible wastes and materials, (see 

appendix V of part 265 for examples) 

must not be placed in the same 

container, unless § 265.17(b) of this 

chapter is complied with. 

(B) Hazardous waste must not be 

placed in an unwashed container that 

previously held an incompatible waste 

or material (see appendix V of part 265 

for examples), unless § 265.17(b) of this 

chapter is complied with. 

(C) A container holding a hazardous 

waste that is incompatible with any 

waste or other materials accumulated or 

stored nearby in other containers, piles, 

open tanks, or surface impoundments 

must be separated from the other 

materials or protected from them by 

means of a dike, berm, wall, or other 

device. 

(2) Accumulation in tanks. If the 

waste is placed in tanks, the large 

quantity generator must comply with 

the applicable requirements of subparts 

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

except § 265.197(c) of Closure and postclosure care and § 265.200—Waste 

analysis and trial tests. 

(3) Accumulation on drip pads. If the 

waste is placed on drip pads, the large 

quantity generator must comply with 

subpart W of 40 CFR part 265 and 

maintain at the facility the following 

records by use of inventory logs, 

monitoring equipment records, or any 

other effective means: 

(i) A written description of 

procedures that will identify the date 

hazardous waste first entered the drip 

pad and ensure that all wastes are 

removed from the drip pad and 

associated collection system at least 

once every 90 days; and 

(ii) Documentation of each waste 

removal, including the quantity of waste 

removed from the drip pad and the 

sump or collection system and the date 

and time of removal. 

(4) Accumulation in Containment 

Buildings. (i) If the waste is placed in 

containment buildings, the large 

quantity generator must comply with 

subpart DD of 40 CFR part 265 and must 

place its professional engineer 

certification that the building complies 

with the design standards specified in 

40 CFR 265.1101 in the generator’s files 

prior to operation of the unit. 

(ii) The large quantity generator shall 

maintain the following records by use of 

inventory logs, monitoring equipment 

records, or any other effective means: 

(A) A written description of 

procedures to ensure that each waste 

volume remains in the unit for no more 

than 90 days, a written description of 

the waste generation and management 

practices for the site showing that they 

are consistent with respecting the 90 

day limit, and documentation that the 

procedures are complied with; or 

(B) Documentation that the unit is 

emptied at least once every 90 days. 

(5) Labeling and marking of 

containers, tanks, drip pads, and 

containment buildings—(i) Containers. 

A large quantity generator must mark its 

containers with the following: 

(A) The words ‘‘Hazardous Waste’’; 

(B) Other words that identify the 

contents of the containers (examples 

may include, but are not limited to the 

name of the chemical(s), such as 

‘‘acetone’’ or ‘‘methylene dichloride’’; or 

the type or class of chemical, such as 

‘‘organic solvents’’ or ‘‘halogenated 

organic solvents or, as applicable, the 

proper shipping name and technical 

name markings used to comply with 

Department of Transportation 

requirements at 49 CFR part 172 subpart 

D)’’; 

(C) An indication of the hazards of the 

contents (examples include, but are not 

limited to, the applicable hazardous 

waste characteristic(s) (i.e., ignitable, 

corrosive, reactive, toxic); a hazard class 

label consistent with the Department of 

Transportation requirements at 49 CFR 

part 172 subpart E (labeling); a label 

consistent with the Occupational Safety 

and Health Administration Hazard 

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Communication Standard at 29 CFR 

1920.1200; a chemical hazard label 

consistent with the National Fire 

Protection Association code 704; a 

hazard pictogram consistent with the 

United Nations’ Globally Harmonized 

System; or any other marking or labeling 

commonly used nationwide in 

commerce that identifies the nature of 

the hazards associated with the contents 

of the waste accumulation unit); and 

(D) The date upon which each period 

of accumulation begins clearly visible 

for inspection on each container. 

(ii) Tanks, drip pads, and 

containment buildings. A large quantity 

generator accumulating hazardous waste 

in tanks, drip pads, and containment 

buildings must do the following: 

(A) Mark or label its waste 

accumulation units with the words 

‘‘Hazardous Waste.’’ In the case of 

hazardous wastes accumulated in drip 

pads and containment buildings, 

generators must label their drip pads 

and containment buildings with the 

words ‘‘Hazardous Waste’’ in a 

conspicuous place easily visible to 

employees, visitors, emergency 

responders, waste handlers, etc. 

(B) Use inventory logs, monitoring 

equipment, or records to identify the 

contents of the tank, drip pad or 

containment building and its associated 

hazards. 

(C) Use inventory logs, monitoring 

equipment or records to identify the 

date upon which each period of 

accumulation begins; and 

(D) Keep inventory logs or records 

with the above information in close 

proximity to the tank, drip pad, or 

containment building. 

(6) Emergency procedures. The large 

quantity generator complies with the 

standards in subpart M of this part, 

Preparedness, Prevention and 

Emergency Procedures for Large 

Quantity Generators. 

(7) Personnel training. (i)(A) Site 

personnel must successfully complete a 

program of classroom instruction, 

online training, or on-the-job training 

that teaches them to perform their 

duties in a way that ensures compliance 

with this part. The large quantity 

generator must ensure that this program 

includes all the elements described in 

the document required under paragraph 

(a)(7)(iv) of this section. 

(B) This program must be directed by 

a person trained in hazardous waste 

management procedures, and must 

include instruction which teaches site 

personnel hazardous waste management 

procedures (including contingency plan 

implementation) relevant to the 

positions in which they are employed. 

(C) At a minimum, the training 

program must be designed to ensure that 

site personnel are able to respond 

effectively to emergencies by 

familiarizing them with emergency 

procedures, emergency equipment, and 

emergency systems, including where 

applicable: 

(1) Procedures for using, inspecting, 

repairing, and replacing site emergency 

and monitoring equipment; 

(2) Key parameters for automatic 

waste feed cut-off systems; 

(3) Communications or alarm systems; 

(4) Response to fires or explosions; 

(5) Response to ground-water 

contamination incidents; and 

(6) Shutdown of operations. 

(D) For site employees that receive 

emergency response training pursuant 

to Occupational Safety and Health 

Administration regulations 29 CFR 

1910.120(p)(8) and 1910.120(q), the 

large quantity generator is not required 

to provide separate emergency response 

training pursuant to this section, 

provided that the overall site training 

meets all the conditions of exemption in 

this section. 

(ii) Site personnel must successfully 

complete the program required in 

paragraph (a)(7)(i) of this section within 

six months after the effective date of 

these regulations or six months after the 

date of their employment or assignment 

to the site, or to a new position at the 

site, whichever is later. Employees hired 

after the effective date of these 

regulations must not work in 

unsupervised positions until they have 

completed the training standards of 

paragraph (a)(7)(i) of this section. 

(iii) Site personnel must take part in 

an annual review of the initial training 

required in paragraph (a)(7)(i) of this 

section. 

(iv) The large quantity generator must 

maintain the following documents and 

records at the site: 

(A) The job title for each position at 

the site related to hazardous waste 

management, and the name of the 

employee filling each job; 

(B) A written job description for each 

position listed under paragraph 

(a)(7)(iv)(A) of this section. This 

description may be consistent in its 

degree of specificity with descriptions 

for other similar positions in the same 

company location or bargaining unit, 

but must include the requisite skill, 

education, or other qualifications, and 

duties of site personnel assigned to each 

position; 

(C) A written description of the type 

and amount of both introductory and 

continuing training that will be given to 

each person filling a position listed 

under paragraph (a)(7)(iv)(A) of this 

section; 

(D) Records that document that the 

training or job experience, required 

under paragraphs (a)(7)(i), (ii), and (iii) 

of this section, has been given to, and 

completed by, site personnel. 

(v) Training records on current 

personnel must be kept until closure of 

the site. Training records on former 

employees must be kept for at least 

three years from the date the employee 

last worked at the site. Personnel 

training records may accompany 

personnel transferred within the same 

company. 

(8) Closure. A large quantity generator 

accumulating hazardous wastes in 

containers, tanks, drip pads, and 

containment buildings, prior to closing 

a unit that accumulates hazardous waste 

at the site or prior to closing the site 

must meet the following conditions: 

(i) Notification. (A) Notify EPA no 

later than 30 days prior to closing a unit 

that accumulates hazardous waste at the 

site or prior to closing the site. 

(B) Notify EPA within 90 days after 

closure of a unit that accumulates 

hazardous waste at the site or prior to 

closing the site that it has either clean 

closed (e.g., complied with the 

applicable closure performance 

standards of § 262.17(a)(8)(ii)) or, if it 

cannot clean close, notify as a landfill 

under § 265.310 of this chapter. 

(ii) Closure performance standards. 

(A) At closure, the generator must close 

the waste accumulation unit or site in 

a manner that: 

(1) Minimizes the need for further 

maintenance by controlling, 

minimizing, or eliminating, to the extent 

necessary to protect human health and 

the environment, the post-closure 

escape of hazardous waste, hazardous 

constituents, leachate, contaminated 

run-off, or hazardous waste 

decomposition products to the ground 

or surface waters or to the atmosphere, 

(2) Properly disposes of or 

decontaminates all contaminated 

equipment, structures and soil and any 

remaining hazardous waste residues 

from waste accumulation units 

including containment system 

components (pads, liners, etc.), 

contaminated soils and subsoils, bases, 

and structures and equipment 

contaminated with waste. Any 

hazardous waste residues remaining in 

the unit(s) being closed must be 

removed from the unit(s). Any leakage 

must also be decontaminated or 

removed and managed as a hazardous 

waste unless § 261.3(d) of this chapter 

applies. 

(3) Any hazardous waste generated in 

the process of closing either the 

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generator’s site or unit(s) accumulating 

hazardous waste must be managed in 

accordance with all applicable 

standards of parts 260 through 270 of 

this chapter, including removing any 

hazardous waste contained in these 

units within 90 days of generating it and 

managing these wastes in a RCRA 

Subtitle C hazardous waste permitted 

treatment, storage and disposal facility 

or interim status facility. 

(4) If the generator demonstrates that 

any contaminated soils and wastes 

cannot be practicably removed or 

decontaminated as required in 

paragraph (a)(8)(ii)(A)(2) of this section, 

then the waste accumulation unit is 

considered to be a landfill and the 

generator must close the waste 

accumulation unit and perform postclosure care in accordance with the 

closure and post-closure care 

requirements that apply to landfills 

(§ 265.310 of this chapter). In addition, 

for the purposes of closure, post-closure, 

and financial responsibility, such a 

waste accumulation unit is then 

considered to be a landfill, and the 

generator must meet all of the 

requirements for landfills specified in 

subparts G and H of part 265 of this 

chapter. 

(9) Land disposal restrictions. The 

large quantity generator complies with 

all applicable requirements under 40 

CFR part 268. 

(b) Accumulation time limit 

extension. A large quantity generator 

who accumulates hazardous waste for 

more than 90 days is an operator of a 

storage facility and is subject to the 

requirements of 40 CFR parts 264, 265, 

267, and 268, and the permit 

requirements of 40 CFR part 270 unless 

it has been granted an extension to the 

90-day period. Such extension may be 

granted by EPA if hazardous wastes 

must remain on site for longer than 90 

days due to unforeseen, temporary, and 

uncontrollable circumstances. An 

extension of up to 30 days may be 

granted at the discretion of the Regional 

Administrator on a case-by-case basis. 

(c) Accumulation of F006. A large 

quantity generator who also generates 

wastewater treatment sludges from 

electroplating operations that meet the 

listing description for the EPA 

hazardous waste number F006, may 

accumulate F006 waste on site for more 

than 90 days, but not more than 180 

days without a permit or without having 

interim status provided that it complies 

with all of the following conditions: 

(1) The large quantity generator has 

implemented pollution prevention 

practices that reduce the amount of any 

hazardous substances, pollutants, or 

contaminants entering F006 or 

otherwise released to the environment 

prior to its recycling; 

(2) The F006 waste is legitimately 

recycled through metals recovery; 

(3) No more than 20,000 kilograms of 

F006 waste is accumulated on site at 

any one time; and 

(4) The F006 waste is managed in 

accordance with the following: 

(i)(A) If the F006 waste is placed in 

containers, the large quantity generator 

must comply with the applicable 

conditions for exemption in 

§ 262.17(a)(1); and/or 

(B) If the F006 is placed in tanks, the 

large quantity generator must comply 

with the applicable conditions for 

exemption of § 262.17(a)(2); and/or 

(C) If the F006 is placed in 

containment buildings, the large 

quantity generator must comply with 

subpart DD of 40 CFR part 265, and has 

placed its professional engineer 

certification that the building complies 

with the design standards specified in 

40 CFR 265.1101 in the site’s files prior 

to operation of the unit. The large 

quantity generator must maintain the 

following records: 

(1) A written description of 

procedures to ensure that the F006 

waste remains in the unit for no more 

than 180 days, a written description of 

the waste generation and management 

practices for the site showing that they 

are consistent with the 180-day limit, 

and documentation that the large 

quantity generator is complying with 

the procedures; or 

(2) Documentation that the unit is 

emptied at least once every 180 days. 

(ii) The large quantity generator is 

exempt from all the requirements in 

subparts G and H of 40 CFR part 265, 

except for those referenced in 

§ 262.17(a)(8). 

(iii) The date upon which each period 

of accumulation begins is clearly 

marked and must be clearly visible for 

inspection on each container; 

(iv) While being accumulated on site, 

each container and tank is labeled or 

marked clearly with: 

(A) The words ‘‘Hazardous Waste’’; 

(B) Other words that identify the 

contents of the container or tank; and 

(C) An indication of the hazards of the 

contents (examples include, but are not 

limited to, the applicable hazardous 

waste characteristic(s) (i.e., ignitable, 

corrosive, reactive, toxic); a hazard class 

label consistent with the Department of 

Transportation requirements at 49 CFR 

part 172 subpart E (labeling); a label 

consistent with the Occupational Safety 

and Health Administration Hazard 

Communication Standard at 29 CFR 

1920.1200; a chemical hazard label 

consistent with the National Fire 

Protection Association code 704; a 

hazard pictogram consistent with the 

United Nations’ Globally Harmonized 

System; or any other marking or labeling 

commonly used nationwide in 

commerce that identifies the nature of 

the hazards associated with the contents 

of the waste accumulation unit); and 

(v) The large quantity generator 

complies with the requirements in 

§§ 262.17(a)(6) and (7). 

(d) F006 transported over 200 miles. 

A large quantity generator who also 

generates wastewater treatment sludges 

from electroplating operations that meet 

the listing description for the EPA 

hazardous waste number F006, and who 

must transport this waste, or offer this 

waste for transportation, over a distance 

of 200 miles or more for off-site metals 

recovery, may accumulate F006 waste 

on site for more than 90 days, but not 

more than 270 days without a permit or 

without having interim status if the 

large quantity generator complies with 

all of the conditions for exemption of 

paragraphs (c)(1) through (4) of this 

section. 

(e) F006 accumulation time extension. 

A large quantity generator accumulating 

F006 in accordance with paragraphs (c) 

and (d) of this section who accumulates 

F006 waste on site for more than 180 

days (or for more than 270 days if the 

generator must transport this waste, or 

offer this waste for transportation, over 

a distance of 200 miles or more), or who 

accumulates more than 20,000 

kilograms of F006 waste on site is an 

operator of a storage facility and is 

subject to the requirements of 40 CFR 

parts 264, 265, and 267, and the permit 

requirements of 40 CFR part 270 unless 

the generator has been granted an 

extension to the 180-day (or 270-day if 

applicable) period or an exception to the 

20,000 kilogram accumulation limit. 

Such extensions and exceptions may be 

granted by EPA if F006 waste must 

remain on site for longer than 180 days 

(or 270 days if applicable) or if more 

than 20,000 kilograms of F006 waste 

must remain on site due to unforeseen, 

temporary, and uncontrollable 

circumstances. An extension of up to 30 

days or an exception to the 

accumulation limit may be granted at 

the discretion of the Regional 

Administrator on a case-by-case basis. 

(f) Mixing hazardous waste with nonhazardous waste. Mixtures of hazardous 

waste with non-hazardous waste are 

subject to the mixture rule in 

§§ 261.3(a)(2)(iv), (b)(2) and (3), and 

(g)(2)(i). 

(g) Consolidation of hazardous waste 

received from very small quantity 

generators. Large quantity generators 

may receive hazardous waste from very 

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small quantity generators under control 

of the same person (as defined in 

§ 260.10), provided that they comply 

with the following conditions. 

‘‘Control,’’ for the purposes of this 

section, means the power to direct the 

policies of the generator site, whether by 

the ownership of stock, voting rights, or 

otherwise, except that contractors who 

operate generator sites on behalf of a 

different person shall not be deemed to 

‘‘control’’ such generator sites. 

(1) The large quantity generator 

notifies EPA thirty (30) days prior to 

receiving the first shipment from a very 

small quantity generator(s) using EPA 

form 8700–12; and 

(i) Identifies on the form the name(s) 

and site address(es) for the very small 

quantity generator(s) as well as the 

name and business telephone number 

for a contact person for the very small 

quantity generator(s); and 

(ii) Submits an updated Site ID form 

(EPA form 8700–12) within 30 days 

after a change in the name, site address, 

or contact information for the very small 

quantity generator. 

(2) The large quantity generator 

maintains records of shipments for three 

years from the date the hazardous waste 

was received from the very small 

quantity generator. These records must 

identify the name, site address, and 

contact information for the very small 

quantity generator and include a 

description of the hazardous waste 

received, including the quantity, all 

applicable EPA hazardous waste 

number(s) (EPA hazardous waste codes) 

in subparts C and D of part 261 for the 

hazardous waste, and the date the waste 

was received. 

(3) The large quantity generator 

manages all hazardous waste received 

from a very small quantity generator in 

compliance with the independent 

requirements in § 262.10(a)(1)(ii) and 

conditions for exemption in § 262.17 

applicable to a large quantity generator. 

For purposes of the labeling and 

marking regulations in § 262.17(a)(5), 

the large quantity generator must label 

the container or unit with the date 

accumulation started (i.e., the date the 

hazardous waste was received from the 

very small quantity generator). If the 

large quantity generator is consolidating 

incoming hazardous waste from a very 

small quantity generator with either its 

own hazardous waste or with hazardous 

waste from other very small quantity 

generators, the large quantity generator 

must label each container or unit with 

the earliest date any hazardous waste in 

the container was accumulated on site. 

(h) Rejected load. A large quantity 

generator who sends a shipment of 

hazardous waste to a designated facility 

with the understanding that the 

designated facility can accept and 

manage the waste and later receives that 

shipment back as a rejected load or 

residue in accordance with the manifest 

discrepancy provisions of § 264.72 or 

265.72 of this chapter may accumulate 

the returned waste on site in accordance 

with paragraphs (a) and (b) of this 

section. Upon receipt of the returned 

shipment, the generator must: 

(1) Sign Item 18c of the manifest, if 

the transporter returned the shipment 

using the original manifest; or 

(2) Sign Item 20 of the manifest, if the 

transporter returned the shipment using 

a new manifest. 

§ 262.18 EPA identification numbers and 

re-notification for small quantity generators 

and large quantity generators. 

(a) A generator must not treat, store, 

dispose of, transport, or offer for 

transportation, hazardous waste without 

having received an EPA identification 

number from the Administrator. 

(b) A generator who has not received 

an EPA identification number may 

obtain one by applying to the 

Administrator using EPA form 8700–12. 

Upon receiving the request the 

Administrator will assign an EPA 

identification number to the generator. 

(c) A generator must not offer its 

hazardous waste to transporters or to 

treatment, storage, or disposal facilities 

that have not received an EPA 

identification number. 

(d) Re-notification. (i) A small 

quantity generator must notify EPA by 

February 1 of each even-numbered year 

thereafter using EPA Form 8700–12. 

(ii) A large quantity generator must 

notify EPA by March 1 of each evennumbered year thereafter using EPA 

Form 8700–12. A large quantity 

generator may submit this renotification as part of its biennial report 

required under § 262.41. 

■ 18. Revise the heading for subpart B 

to read as follows: 

Subpart B—Manifest Requirements 

Applicable to Small and Large Quantity 

Generators 

■ 19. Revise the heading for subpart C 

to read as follows: 

Subpart C—Pre-Transport 

Requirements Applicable to Small and 

Large Quantity Generators 

■ 20. Amend § 262.32 by adding 

paragraph (c) to read as follows: 

§ 262.32 Marking. 

* * * * * 

(c) Before transporting or offering 

hazardous waste for transportation off 

site, a generator must mark each 

container with the applicable EPA 

hazardous waste numbers (EPA 

hazardous waste codes) in subparts C 

and D of part 261 of this chapter. 

§ 262.34 [Removed and reserved] 

■ 21. Remove and reserve § 262.34. 

■ 22. Add § 262.35 to subpart C read as 

follows: 

§ 262.35 Liquids in landfills prohibition. 

The placement of bulk or noncontainerized liquid hazardous waste or 

hazardous waste containing free liquids 

(whether or not sorbents have been 

added) in any landfill is prohibited. 

■ 23. Revise the heading for subpart D 

to read as follows: 

Subpart D—Recordkeeping and 

Reporting Applicable to Small and 

Large Quantity Generators 

§ 262.40 [Amended] 

■ 24. Amend § 262.40 by removing and 

reserving paragraph (c). 

■ 25. Section 262.41 and its section 

heading are revised to read as follows: 

§ 262.41 Biennial report for large quantity 

generators. 

(a) A generator who is a large quantity 

generator for at least one month of the 

reporting year must complete and 

submit EPA form 8700–13 to the 

Regional Administrator by March 1 of 

each even numbered year for all 

hazardous wastes generated during the 

previous calendar year. This 

requirement also applies to generators 

who treat, store, or dispose of hazardous 

waste on site in accordance with the 

provisions of 40 CFR parts 264, 265, 

266, 267, and 270 and to large quantity 

generators that receive hazardous waste 

from very small quantity generators 

pursuant to § 262.17(g). 

(b) Exports of hazardous waste to 

foreign countries are not required to be 

reported on the Biennial Report form. A 

separate annual report requirement is 

set forth at 40 CFR 262.56 for hazardous 

waste exporters. 

■ 26. Section 262.43 is revised to read 

as follows: 

§ 262.43 Additional reporting. 

The Administrator, as deemed 

necessary under sections 2002(a) and 

3002(a)(6) of the Act, may require 

generators to furnish additional reports 

concerning the quantities and 

disposition of wastes identified or listed 

in 40 CFR part 261. 

■ 27. Section 262.44 is amended by 

revising the introductory paragraph and 

section heading to read as follows: 

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§ 262.44 Recordkeeping for small quantity 

generators. 

A small quantity generator is subject 

only to the following independent 

requirements in this subpart: 

* * * * * 

Subparts I and J [Removed and 

Reserved] 

■ 28. Remove and reserve subparts I and 

J. 

Subpart K—Alternative Requirements 

for Hazardous Waste Determination 

and Accumulation of Unwanted 

Material for Laboratories Owned by 

Eligible Academic Entities 

■ 29. Section 262.200 is amended by 

removing the definition of ‘‘Central 

accumulation area’’ and revising the 

definition of ‘‘Trained professional’’ to 

read as follows: 

§ 262.200 Definitions for this subpart. 

* * * * * 

Trained professional means a person 

who has completed the applicable 

RCRA training requirements of § 262.17 

for large quantity generators, or is 

knowledgeable about normal operations 

and emergencies in accordance with 

§ 262.16 for small quantity generators 

and very small quantity generators. A 

trained professional may be an 

employee of the eligible academic entity 

or may be a contractor or vendor who 

meets the requisite training 

requirements. 

* * * * * 

■ 30. Section 262.201 is revised to read 

as follows: 

§ 262.201 Applicability of this subpart. 

(a) Large quantity generators and 

small quantity generators. This subpart 

provides alternative requirements to the 

requirements in §§ 262.11 and 262.15 

for the hazardous waste determination 

and accumulation of hazardous waste in 

laboratories owned by eligible academic 

entities that choose to be subject to this 

subpart, provided that they complete 

the notification requirements of 

§ 262.203. 

(b) Very small quantity generators. 

This subpart provides alternative 

requirements to the conditional 

exemption in § 262.14 for the 

accumulation of hazardous waste in 

laboratories owned by eligible academic 

entities that choose to be subject to this 

subpart, provided that they complete 

the notification requirements of 

§ 262.203. 

■ 31. Section 262.202 is revised to read 

as follows: 

§ 262.202 This subpart is optional. 

(a) Large quantity generators and 

small quantity generators. Eligible 

academic entities have the option of 

complying with this subpart with 

respect to its laboratories, as an 

alternative to complying with the 

requirements of §§ 262.11 and 262.15. 

(b) Very small quantity generators. 

Eligible academic entities have the 

option of complying with this subpart 

with respect to laboratories, as an 

alternative to complying with the 

conditional exemption of § 262.14. 

■ 32. Section 262.203 is amended by 

revising paragraphs (a) and (b)(2) to read 

as follows: 

§ 262.203 How an eligible academic entity 

indicates it will be subject to the 

requirements of this subpart. 

(a) An eligible academic entity must 

notify the appropriate EPA Regional 

Administrator in writing, using the 

RCRA Subtitle C Site Identification 

Form (EPA Form 8700–12), that it is 

electing to be subject to the 

requirements of this subpart for all the 

laboratories owned by the eligible 

academic entity under the same EPA 

Identification Number. An eligible 

academic entity that is a very small 

quantity generator and does not have an 

EPA Identification Number must notify 

that it is electing to be subject to the 

requirements of this subpart for all the 

laboratories owned by the eligible 

academic entity that are on site, as 

defined by § 260.10. An eligible 

academic entity must submit a separate 

notification (Site Identification Form) 

for each EPA Identification Number (or 

site, for very small quantity generators) 

that is electing to be subject to the 

requirements of this subpart, and must 

submit the Site Identification Form 

before it begins operating under this 

subpart. 

(b) * * * 

(2) Site EPA Identification Number 

(except for very small quantity 

generators). 

* * * * * 

■ 33. Section 262.204 is amended by 

revising paragraph (a) to read as follows: 

§ 262.204 How an eligible academic entity 

indicates it will withdraw from the 

requirements of this subpart. 

(a) An eligible academic entity must 

notify the appropriate EPA Regional 

Administrator in writing, using the 

RCRA Subtitle C Site Identification 

Form (EPA Form 8700–12), that it is 

electing to no longer be subject to the 

requirements of this subpart for all the 

laboratories owned by the eligible 

academic entity under the same EPA 

Identification Number and that it will 

comply with the requirements of 

§§ 262.11 and 262.15 for small quantity 

generators and large quantity generators. 

An eligible academic entity that is a 

very small quantity generator and does 

not have an EPA Identification Number 

must notify that it is withdrawing from 

the requirements of this subpart for all 

the laboratories owned by the eligible 

academic entity that are on site and that 

it will comply with the conditional 

exemption in § 262.14. An eligible 

academic entity must submit a separate 

notification (Site Identification Form) 

for each EPA Identification Number (or 

site, for very small quantity generators) 

that is withdrawing from the 

requirements of this subpart and must 

submit the Site Identification Form 

before it begins operating under the 

standards in §§ 262.11 and 262.15 for 

small quantity generators and large 

quantity generators or § 262.14 for very 

small quantity generators. 

* * * * * 

§ 262.206 [Amended] 

■ 34. Amend § 262.206 in paragraph 

(b)(3)(iii) by removing the period at the 

end of the sentence and inserting ‘‘:’’ in 

its place. 

■ 35. Section 262.207 is amended by 

revising paragraph (d)(2) to read as 

follows: 

§ 262.207 Training. 

* * * * * 

(d) * * * 

(2) Make the hazardous waste 

determination, pursuant to § 262.11(a) 

through (d), for unwanted material. 

■ 36. Section 262.208 is amended by 

revising paragraphs (a)(1) and (2) to read 

as follows: 

§ 262.208 Removing containers of 

unwanted material from the laboratory. 

(a) * * * 

(1) Remove all containers of 

unwanted material from each laboratory 

on a regular interval, not to exceed 12 

months; or 

(2) Remove containers of unwanted 

material from each laboratory within 12 

months of each container’s 

accumulation start date. 

* * * * * 

■ 37. Section 262.209 is amended by 

revising paragraph (b) to read as follows: 

§ 262.209 Where and when to make the 

hazardous waste determination and where 

to send containers of unwanted material 

upon removal from the laboratory. 

* * * * * 

(b) Very small quantity generators. An 

eligible academic entity must ensure 

that a trained professional makes a 

hazardous waste determination, 

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pursuant to § 262.11(a) through (d), for 

unwanted material in the laboratory 

before the unwanted material is 

removed from the laboratory, in 

accordance with § 262.210. 

■ 38. Section 262.210 is amended by 

revising paragraphs (a), (b)(3), and (d)(2) 

to read as follows: 

§ 262.210 Making the hazardous waste 

determination in the laboratory before the 

unwanted material is removed from the 

laboratory. 

* * * * * 

(a) A trained professional must make 

the hazardous waste determination, 

pursuant to § 262.11(a) through (d), 

before the unwanted material is 

removed from the laboratory. 

(b) * * * 

(3) Count the hazardous waste toward 

the eligible academic entity’s generator 

category, pursuant to § 262.13, in the 

calendar month that the hazardous 

waste determination was made. 

* * * * * 

(d) * * * 

(2) Very small quantity generators 

must ensure it is taken directly from the 

laboratory(ies) to any of the types of 

facilities listed in § 262.14. 

* * * * * 

■ 39. Section 262.211 is amended by 

revising paragraphs (c), (d), and (e)(3) to 

read as follows: 

§ 262.211 Making the hazardous waste 

determination at an on-site central 

accumulation area. 

* * * * * 

(c) The unwanted material becomes 

subject to the generator accumulation 

regulations of § 262.16 for small 

quantity generators or § 262.17 for large 

quantity generators as soon as it arrives 

in the central accumulation area, except 

for the ‘‘hazardous waste’’ labeling 

conditions of § 262.16(b)(6) and 

§ 262.17(a)(5). 

(d) A trained professional must 

determine, pursuant to § 262.11(a) 

through (d), if the unwanted material is 

a hazardous waste within 4 calendar 

days of the unwanted materials’ arrival 

at the on-site central accumulation area. 

(e) * * * 

(3) Count the hazardous waste toward 

the eligible academic entity’s generator 

category, pursuant to § 262.13 in the 

calendar month that the hazardous 

waste determination was made, and 

* * * * * 

■ 40. Section 262.212 is amended by 

revising paragraph (d) to read as 

follows: 

§ 262.212 Making the hazardous waste 

determination at an on-site interim status or 

permitted treatment, storage, or disposal 

facility. 

* * * * * 

(d) A trained professional must 

determine, pursuant to § 262.11(a) 

through (d), if the unwanted material is 

a hazardous waste within 4 calendar 

days of the unwanted materials’ arrival 

at an on-site interim status or permitted 

treatment, storage, or disposal facility. 

* * * * * 

■ 41. Section 262.213 is amended by 

revising paragraphs (a)(2) and (3) and 

(b)(2) to read as follows: 

§ 262.213 Laboratory clean-outs. 

(a) * * * 

(2) For the purposes of on-site 

accumulation, an eligible academic 

entity is not required to count a 

hazardous waste that is an unused 

commercial chemical product (listed in 

40 CFR part 261, subpart D or exhibiting 

one or more characteristics in 40 CFR 

part 261, subpart C) generated solely 

during the laboratory clean-out toward 

its hazardous waste generator category, 

pursuant to § 262.13. An unwanted 

material that is generated prior to the 

beginning of the laboratory clean-out 

and is still in the laboratory at the time 

the laboratory clean-out commences 

must be counted toward hazardous 

waste generator category, pursuant to 

§ 262.13, if it is determined to be 

hazardous waste; and 

(3) For the purposes of off-site 

management, an eligible academic 

entity must count all its hazardous 

waste, regardless of whether the 

hazardous waste was counted toward 

generator category under paragraph 

(a)(2) of this section, and if it generates 

more than 1 kg/month of acute 

hazardous waste or more than 100 kg/ 

month of non-acute hazardous waste 

(i.e., the very small quantity generator 

limits as defined in § 260.10), the 

hazardous waste is subject to all 

applicable hazardous waste regulations 

when it is transported off site; and 

* * * * * 

(b) * * * 

(2) The requirement to count all 

hazardous waste, including unused 

hazardous waste, generated during the 

laboratory clean-out toward its 

hazardous waste generator category, 

pursuant to § 262.13. 

■ 42. Section 262.214 is amended by 

revising paragraph (b)(5) to read as 

follows: 

§ 262.214 Laboratory management plan. 

* * * * * 

(b) * * * 

(5) Describe its intended best 

practices for making hazardous waste 

determinations, including specifying the 

duties of the individuals involved in the 

process (see the required standards at 

§ 262.11(a) through (d) and §§ 262.209 

through 262.212). 

* * * * * 

■ 43. Section 262.216 is amended by 

revising paragraphs (a) and (b) to read 

as follows: 

§ 262.216 Non-laboratory hazardous waste 

generated at an eligible academic entity. 

* * * * * 

(a) Remains subject to the generator 

requirements of §§ 262.11 and 262.15 

for large quantity generators and small 

quantity generators (if the hazardous 

waste is managed in a satellite 

accumulation area), and all other 

applicable generator requirements of 40 

CFR part 262, with respect to that 

hazardous waste; or 

(b) Remains subject to the conditional 

exemption of § 262.14 for very small 

quantity generators, with respect to that 

hazardous waste. 

■ 44. Subpart L is added to read as 

follows: 

Subpart L—Alternative Standards for 

Episodic Generation 

Sec. 

262.230 Applicability. 

262.231 Definition of an episodic event. 

262.232 Conditions for a generator 

managing hazardous waste from an 

episodic event. 

262.233 Petition to manage one additional 

episodic event per calendar year. 

262.234 Petition for a 30-day extension to 

an episodic event. 

Subpart L—Alternative Standards for 

Episodic Generation 

§ 262.230 Applicability. 

This subpart is applicable to very 

small quantity generators and small 

quantity generators as defined in 

§ 260.10. 

§ 262.231 Definition of an episodic event. 

An episodic event is an activity or 

activities, either planned or unplanned, 

that does not normally occur during 

generator operations, resulting in an 

increase in the generation of hazardous 

wastes that exceeds the calendar month 

quantity limits for the generator’s usual 

category. 

§ 262.232 Conditions for a generator 

managing hazardous waste from an 

episodic event. 

(a) Very small quantity generator. A 

very small quantity generator may 

maintain its existing generator category 

during an episodic event provided that 

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the generator complies with the 

following conditions: 

(1) The very small quantity generator 

is limited to one episodic event per 

calendar year unless a petition is 

granted under § 262.233; 

(2) The very small quantity generator 

must notify EPA no later than thirty (30) 

calendar days prior to initiating a 

planned episodic event using EPA form 

8700–12. In the event of an unplanned 

episodic event, the generator must 

notify EPA within 24 hours of the 

unplanned event or as soon as possible 

via phone or email and subsequently 

submit EPA form 8700–12. The 

generator shall include the start date of 

the episodic event, the reason(s) for the 

event, types and estimated quantities of 

hazardous waste expected to be 

generated as a result of the episodic 

event, and shall identify a facility 

contact and emergency coordinator with 

24-hour telephone access to discuss the 

notification submittal or respond to an 

emergency; 

(3) The very small quantity generator 

must have an EPA identification 

number or obtain an EPA identification 

number using EPA form 8700–12; 

(4) Accumulation. A very small 

quantity generator is prohibited from 

accumulating hazardous waste 

generated from an episodic event on 

drip pads and in containment buildings. 

When accumulating hazardous waste in 

containers and tanks the following 

conditions apply: 

(i) Containers. A very small quantity 

generator accumulating in containers 

must mark its containers with the 

following: 

(A) The words ‘‘Episodic Hazardous 

Waste;’’ 

(B) Other words that identify the 

contents of the containers (examples 

may include, but are not limited to the 

name of the chemical(s), such as 

‘‘acetone’’ or ‘‘methylene dichloride’’; or 

the type or class of chemical, such as 

‘‘organic solvents’’ or ‘‘halogenated 

organic solvents’’ or, as applicable, the 

proper shipping name and technical 

name markings used to comply with 

Department of Transportation 

requirements at 49 CFR part 172 subpart 

D); 

(C) An indication of the hazards of the 

contents (examples include, but are not 

limited to, the applicable hazardous 

waste characteristic(s) (i.e., ignitable, 

corrosive, reactive, toxic); a hazard class 

label consistent with the Department of 

Transportation requirements at 49 CFR 

part 172 subpart E (labeling); a label 

consistent with the Occupational Safety 

and Health Administration Hazard 

Communication Standard at 29 CFR 

1920.1200; a chemical hazard label 

consistent with the National Fire 

Protection Association code 704; or a 

hazard pictogram consistent with the 

United Nations’ Globally Harmonized 

System; or any other marking or labeling 

commonly used nationwide in 

commerce that identifies the nature of 

the hazards associated with the contents 

of the waste accumulation unit); and 

(D) The date upon which the episodic 

event began, clearly visible for 

inspection on each container. 

(ii) Tanks. A very small quantity 

generator accumulating episodic 

hazardous waste in tanks must do the 

following: 

(A) Mark or label the tank with the 

words ‘‘Episodic Hazardous Waste;’’ 

(B) Use inventory logs, monitoring 

equipment, or records to identify the 

contents of the tank and its associated 

hazards; 

(C) Use inventory logs, monitoring 

equipment or records to identify the 

date upon which each episodic event 

begins; and 

(D) Keep inventory logs or records 

with the above information in close 

proximity to the tank. 

(iii) Hazardous waste must be 

managed in a manner that minimizes 

the possibility of a fire, explosion, or 

release of hazardous waste or hazardous 

waste constituents to the air, soil, or 

water; 

(A) Containers must be in good 

condition and compatible with the 

hazardous waste being accumulated 

therein. Containers must be kept closed 

except to add or remove waste. 

(B) Tanks must be in good condition 

and compatible with the hazardous 

waste accumulated therein. Tanks must 

have procedures in place to prevent the 

overflow (e.g., be equipped with a 

means to stop inflow with systems such 

as a waste feed cutoff system or bypass 

system to a standby tank when 

hazardous waste is continuously fed 

into the tank). Tanks must be inspected 

at least once each operating day to 

ensure all applicable discharge control 

equipment, such as waste feed cutoff 

systems, bypass systems, and drainage 

systems are in good working order and 

to ensure the tank is operated according 

to its design by reviewing the data 

gathered from monitoring equipment 

such as pressure and temperature 

gauges from the inspection. 

(5) The very small quantity generator 

must comply with the hazardous waste 

manifest provisions of 40 CFR part 262 

subpart B when it sends its episodic 

event hazardous waste off site to a 

RCRA-designated facility. 

(6) The very small quantity generator 

has up to forty-five (45) calendar days 

from the start of the episodic event to 

manifest and send its hazardous waste 

generated from the episodic event to a 

RCRA-designated facility unless an 

extension is granted pursuant to 

§ 262.233. 

(7) Very small quantity generators 

must maintain the following records for 

three (3) years from the end date of the 

episodic event: 

(i) Beginning and end dates of the 

episodic event; 

(ii) A description of the episodic 

event; 

(iii) A description of the types and 

quantities of hazardous wastes 

generated during the event; 

(iv) A description of how the 

hazardous waste was managed as well 

as the name of the RCRA designated 

facility that received the hazardous 

waste; 

(v) Name(s) of hazardous waste 

transporters; 

(vi) An approval letter from EPA if the 

generator petitioned to conduct one 

additional episodic event per calendar 

year; and 

(vii) An approval letter from EPA if 

the generator petitioned for an 

additional thirty (30) calendar day 

extension. 

(b) Small quantity generators. A small 

quantity generator may maintain its 

existing generator category during an 

episodic event provided that the 

generator complies with the following 

conditions: 

(1) The small generator is limited to 

one episodic event per calendar year 

unless a petition is granted under 

§ 262.233; 

(2) The small quantity generator must 

notify EPA no later than thirty (30) 

calendar days prior to initiating a 

planned episodic event using EPA form 

8700–12. In the event of an unplanned 

episodic event, the small quantity 

generator must notify EPA within 24 

hours of the unplanned event or as soon 

as possible via phone or email and 

subsequently submit EPA form 8700–12. 

The small quantity generator shall 

include the start date of the episodic 

event and the reason(s) for the event, 

types and estimated quantities of 

hazardous wastes expected to be 

generated as a result of the episodic 

event, and identify a facility contact and 

emergency coordinator with 24-hour 

telephone access to discuss the 

notification submittal or respond to 

emergency;. 

(3) The small quantity generator must 

have an EPA identification number or 

obtain an EPA identification number 

using EPA form 8700–12. 

(4) Accumulation by small quantity 

generators. A small quantity generator is 

prohibited from accumulating 

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hazardous wastes generated from an 

episodic event waste on drip pads and 

in containment buildings. When 

accumulating hazardous waste 

generated from an episodic event in 

containers and tanks, the following 

conditions apply: 

(i) Containers. A small quantity 

generator accumulating episodic 

hazardous waste in containers that meet 

the standards at part 265 subpart I of 

this chapter, except §§ 265.176 and 

265.178 of this chapter, must mark its 

containers with the following: 

(A) The words ‘‘Episodic Hazardous 

Waste’’; 

(B) Other words that identify the 

contents of the containers (examples 

may include, but are not limited to the 

name of the chemical(s), such as 

‘‘acetone’’ or ‘‘methylene dichloride’’; or 

the type or class of chemical, such as 

‘‘organic solvents’’ or halogenated 

organic solvents’’ or, as applicable, the 

proper shipping name and technical 

name markings used to comply with 

Department of Transportation 

requirements at 49 CFR part 172 subpart 

D); 

(C) An indication of the hazards of the 

contents (examples include, but are not 

limited to, the applicable hazardous 

waste characteristic(s) (i.e., ignitable, 

corrosive, reactive, toxic); a hazard class 

label consistent with the Department of 

Transportation requirements at 49 CFR 

part 172 subpart E (labeling); a label 

consistent with the Occupational Safety 

and Health Administration Hazard 

Communication Standard at 29 CFR 

1920.1200; a chemical hazard label 

consistent with the National Fire 

Protection Association code 704; or a 

hazard pictogram consistent with the 

United Nations’ Globally Harmonized 

System; or any other marking or labeling 

commonly used nationwide in 

commerce that identifies the nature of 

the hazards associated with the contents 

of the waste accumulation unit); and 

(D) The date upon which the episodic 

event began, clearly visible for 

inspection on each container. 

(ii) Tanks. A small quantity generator 

accumulating episodic hazardous waste 

in tanks that meet the standards at 

§ 265.201 in subpart J must do the 

following: 

(A) Mark or label its tank with the 

words ‘‘Episodic Hazardous Waste;’’ 

(B) Use inventory logs, monitoring 

equipment, or records to identify the 

contents of the tank and its associated 

hazards; 

(C) Use inventory logs, monitoring 

equipment or records to identify the 

date upon which each period of 

accumulation begins and ends; and 

(D) Keep inventory logs or records 

with the above information immediately 

accessible. 

(iii) Comply with the applicable 

conditions listed in § 262.16. 

(5) The small quantity generator must 

treat hazardous waste generated from an 

episodic event on site or manifest and 

ship such hazardous waste off site to a 

RCRA-designated facility within fortyfive (45) calendar days from the start of 

the episodic event, unless an extension 

is granted pursuant to § 262.233. 

(6) The small quantity generator must 

maintain the following records for three 

(3) years from the end date of the 

episodic event: 

(i) Beginning and end dates of the 

episodic event; 

(ii) A description of the episodic 

event; 

(iii) A description of the types and 

quantities of hazardous wastes 

generated during the event; 

(iv) A description of how the 

hazardous waste was managed as well 

as the name of the RCRA designated 

facility that received the hazardous 

waste; 

(v) Name(s) of hazardous waste 

transporters; 

(vi) An approval letter from EPA if the 

generator petitioned to conduct one 

additional episodic event per calendar 

year; and 

(vii) An approval letter from EPA if 

the generator petitioned for an 

additional thirty (30) calendar day 

extension. 

§ 262.233 Petition to manage one 

additional episodic event per calendar year. 

(a) A very small quantity generator or 

a small quantity generator may petition 

EPA for one additional episodic event 

per calendar year without it impacting 

its generator category. The petition must 

include the following: 

(1) The reason(s) why an additional 

episodic event is needed and the nature 

of the episodic event; 

(2) The estimated amount of 

hazardous waste to be managed from the 

event; 

(3) How the hazardous waste is to be 

managed; 

(4) The estimated length of time 

needed to complete management of the 

hazardous waste generated from the 

episodic event—not to exceed 45 days; 

and 

(5) Information regarding the previous 

episodic event managed by the 

generator, including the nature of the 

event and whether it was a planned or 

unplanned event. 

(b) The petition must be made via fax, 

email, or letter. 

(c) The generator cannot manage the 

hazardous waste generated from an 

additional episodic event under subpart 

L until written approval by EPA, 

including email, has been received. 

(d) The generator must retain written 

approval in its records for three years 

from the date the episodic event ended. 

§ 262.234 Petition for a 30-day extension 

to an episodic event. 

(a) The very small quantity generator 

or a small quantity generator may 

petition EPA for a thirty (30) calendar 

day extension to complete the 

management of hazardous waste 

generated by an episodic event. The 

petition must include the following: 

(1) The nature of the episodic event; 

(2) The estimated amount of 

additional hazardous waste to be 

managed from the episodic event if the 

extension is granted; and 

(3) The generator’s rationale for 

needing an extension of an additional 

30 days beyond the 45-day limit to 

complete management of the hazardous 

waste generated from the episodic 

event. 

(b) The generator must petition EPA 

via fax, email, or letter within fifteen 

(15) calendar days of the event ending. 

(c) The generator cannot go beyond 

the 45-day limit unless written approval 

from EPA has been received. 

(d) The generator must retain written 

approval in its records for three years 

from the date the episodic event ended. 

■ 45. Subpart M is added to read as 

follows: 

Subpart M—Preparedness, Prevention, and 

Emergency Procedures for Large Quantity 

Generators 

Sec. 

262.250 Applicability. 

262.251 Maintenance and operation of 

facility. 

262.252 Required equipment. 

262.253 Testing and maintenance of 

equipment. 

262.254 Access to communications or alarm 

system. 

262.255 Required aisle space. 

262.256 Arrangements with local 

authorities. 

262.260 Purpose and implementation of 

contingency plan. 

262.261 Content of contingency plan. 

262.262 Copies of contingency plan. 

262.263 Amendment of contingency plan. 

262.264 Emergency coordinator. 

262.265 Emergency procedures. 

Subpart M—Preparedness, Prevention, 

and Emergency Procedures for Large 

Quantity Generators 

§ 262.250 Applicability. 

The regulations of this subpart apply 

to those areas of a large quantity 

generator where hazardous waste is 

generated or accumulated on site in 

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accordance with the conditions in 

§ 262.17. 

§ 262.251 Maintenance and operation of 

facility. 

A large quantity generator must 

maintain and operate its site to 

minimize the possibility of a fire, 

explosion, or any unplanned sudden or 

non-sudden release of hazardous waste 

or hazardous waste constituents to air, 

soil, or surface water which could 

threaten human health or the 

environment. 

§ 262.252 Required equipment. 

All areas where hazardous waste is 

being either generated or accumulated 

must be equipped with the items in 

paragraphs (a) through (d) of this section 

(unless none of the hazards posed by 

waste handled at the site could require 

a particular kind of equipment specified 

below or the actual waste generation or 

accumulation area does not lend itself 

for safety reasons to have a particular 

kind of equipment specified below). A 

large quantity generator may determine 

the most appropriate locations within 

its generator site to locate equipment 

necessary to prepare for and respond to 

emergencies: 

(a) An internal communications or 

alarm system capable of providing 

immediate emergency instruction (voice 

or signal) to site personnel; 

(b) A device, such as a telephone 

(immediately available at the scene of 

operations) or a hand-held two-way 

radio, capable of summoning emergency 

assistance from local police 

departments, fire departments, or state 

or local emergency response teams; 

(c) Portable fire extinguishers, fire 

control equipment (including special 

extinguishing equipment, such as that 

using foam, inert gas, or dry chemicals), 

spill control equipment, and 

decontamination equipment; and 

(d) Water at adequate volume and 

pressure to supply water hose streams, 

or foam producing equipment, or 

automatic sprinklers, or water spray 

systems. 

§ 262.253 Testing and maintenance of 

equipment. 

All communications or alarm systems, 

fire protection equipment, spill control 

equipment, and decontamination 

equipment, where required, must be 

tested and maintained as necessary to 

assure its proper operation in time of 

emergency. 

§ 262.254 Access to communications or 

alarm system. 

(a) Whenever hazardous waste is 

being poured, mixed, spread, or 

otherwise handled, all personnel 

involved in the operation must have 

immediate access (e.g., direct or 

unimpeded access) to an internal alarm 

or emergency communication device, 

either directly or through visual or voice 

contact with another employee, unless 

such a device is not required under 

§ 265.252 of this chapter. 

(b) In the event there is just one 

employee on the premises while the site 

is operating, the employee must have 

immediate access (e.g., direct or 

unimpeded access) to a device, such as 

a telephone (immediately available at 

the scene of operation) or a hand-held 

two-way radio, capable of summoning 

external emergency assistance, unless 

such a device is not required under 

§ 265.252 of this chapter. 

§ 262.255 Required aisle space. 

The large quantity generator must 

maintain aisle space to allow the 

unobstructed movement of personnel, 

fire protection equipment, spill control 

equipment, and decontamination 

equipment to any area of site operation 

in an emergency, unless aisle space is 

not needed for any of these purposes. 

§ 262.256 Arrangements with local 

authorities. 

(a) The large quantity generator must 

make arrangements with the Local 

Emergency Planning Committee for the 

types and quantities of hazardous waste 

handled at the site, as well as the 

potential need for the services of the 

local police department, other 

emergency response teams, emergency 

response contractors, equipment 

suppliers, and local hospitals. Should 

there be no Local Emergency Planning 

Committee, should it not respond, or 

should the Local Emergency Planning 

Committee determine that it is not the 

appropriate organization to make 

arrangements with, then the large 

quantity generator must make 

arrangements with the local fire 

department and other relevant 

emergency responders (e.g., police and 

hospitals). 

(1) A large quantity generator that 

must make arrangements with its local 

fire department must determine the 

potential need for the services of the 

local police department, other 

emergency response teams, emergency 

response contractors, equipment 

suppliers and local hospitals. 

(2) As part of this coordination, the 

large quantity generator shall make 

arrangements, as necessary, to 

familiarize the above organizations with 

the layout of the site, the properties of 

the hazardous waste handled at the site 

and associated hazards, places where 

personnel would normally be working, 

entrances to roads inside the site, and 

possible evacuation routes as well as the 

types of injuries or illnesses which 

could result from fires, explosions, or 

releases at the site. 

(3) Where more than one police or fire 

department might respond to an 

emergency, the large quantity generator 

shall enter into agreements designating 

primary emergency authority to a 

specific fire or police department, and 

agreements with any others to provide 

support to the primary emergency 

authority. 

(b) The large quantity generator shall 

maintain records documenting the 

arrangements with the Local Emergency 

Planning Committee, or if appropriate, 

with the local fire department as well as 

any other organization necessary to 

respond to an emergency. This 

documentation must include a certified 

letter or any other documentation that 

confirms such arrangements actively 

exist. 

§ 262.260 Purpose and implementation of 

contingency plan. 

(a) A large quantity generator must 

have a contingency plan for the site. The 

contingency plan must be designed to 

minimize hazards to human health or 

the environment from fires, explosions, 

or any unplanned sudden or nonsudden release of hazardous waste or 

hazardous waste constituents to air, soil, 

or surface water. 

(b) The provisions of the plan must be 

carried out immediately whenever there 

is a fire, explosion, or release of 

hazardous waste or hazardous waste 

constituents which could threaten 

human health or the environment. 

§ 262.261 Content of contingency plan. 

(a) The contingency plan must 

describe the actions site personnel must 

take to comply with §§ 262.260 and 

262.265 in response to fires, explosions, 

or any unplanned sudden or nonsudden release of hazardous waste or 

hazardous waste constituents to air, soil, 

or surface water at the site. 

(b) If the generator has already 

prepared a Spill Prevention, Control, 

and Countermeasures (SPCC) Plan in 

accordance with part 112 of this 

chapter, or some other emergency or 

contingency plan, it need only amend 

that plan to incorporate hazardous 

waste management provisions that are 

sufficient to comply with the standards 

of this part. The generator may develop 

one contingency plan that meets all 

regulatory standards. EPA recommends 

that the plan be based on the National 

Response Team’s Integrated 

Contingency Plan Guidance (‘‘One 

Plan’’). 

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(c) The plan must describe 

arrangements agreed to with the Local 

Emergency Planning Committee. Should 

there be no Local Emergency Planning 

Committee, should it not respond, or 

should the Local Emergency Planning 

Committee determine that it is not the 

appropriate organization to make 

arrangements with, then the plan must 

describe arrangements agreed to by local 

fire departments and other relevant 

emergency responders (e.g., police and 

hospitals) to coordinate emergency 

services, pursuant to § 262.256. 

(d) The plan must list names and 

emergency telephone numbers of all 

persons qualified to act as emergency 

coordinator (see § 262.264), and this list 

must be kept up to date. Where more 

than one person is listed, one must be 

named as primary emergency 

coordinator and others must be listed in 

the order in which they will assume 

responsibility as alternates. In situations 

where the generator site has an 

emergency coordinator continuously on 

duty because it operates 24 hours per 

day, every day of the year, the plan may 

list the staffed position (e.g., operations 

manager, shift coordinator, shift 

operations supervisor) as well as an 

emergency telephone number that can 

be guaranteed to be answered at all 

times. 

(e) The plan must include a list of all 

emergency equipment at the site (such 

as fire extinguishing systems, spill 

control equipment, communications 

and alarm systems (internal and 

external), and decontamination 

equipment), where this equipment is 

required. This list must be kept up to 

date. In addition, the plan must include 

the location and a physical description 

of each item on the list, and a brief 

outline of its capabilities. 

(f) The plan must include an 

evacuation plan for generator personnel 

where there is a possibility that 

evacuation could be necessary. This 

plan must describe signal(s) to be used 

to begin evacuation, evacuation routes, 

and alternate evacuation routes (in cases 

where the primary routes could be 

blocked by releases of hazardous waste 

or fires). 

§ 262.262 Copies of contingency plan. 

A copy of the contingency plan and 

all revisions to the plan must be 

maintained at the large quantity 

generator’s site and— 

(a) The large quantity generator must 

submit a copy of the contingency plan 

to the Local Emergency Planning 

Committee. Should there be no Local 

Emergency Planning Committee, should 

it not respond, or should the Local 

Emergency Planning Committee 

determine that it is not the appropriate 

organization to make arrangements 

with, the large quantity generator must 

submit the copy to the local emergency 

responders. 

(b) A generator that first becomes 

subject to these provisions after [date 6 

months after the date of publication of 

the final rule in the Federal Register] 

must submit an executive summary of 

the contingency plan to the Local 

Emergency Planning Committee. Should 

there be no Local Emergency Planning 

Committee, should it not respond, or 

should the Local Emergency Planning 

Committee determine that it is not the 

appropriate organization to make 

arrangements with, the generator must 

submit the copy to the local emergency 

responders. The executive summary 

must include the following elements: 

(1) The types/names of hazardous 

wastes in layman’s terms and the 

associated hazard associated with each 

waste present at any one time (e.g., toxic 

paint wastes, spent ignitable solvent, 

corrosive acid); 

(2) The estimated maximum amount 

of each hazardous waste that may be 

present at any one time; 

(3) The identification of any 

hazardous wastes where exposure 

would require unique or special 

treatment by medical or hospital staff; 

(4) A map of the site showing where 

hazardous wastes are generated and 

accumulated and routes for accessing 

these wastes; 

(5) A street map of the site in relation 

to surrounding businesses, schools and 

residential areas to understand how best 

to get to the facility and also evacuate 

citizens and workers; 

(6) The locations of water supply (e.g., 

fire hydrant and its flow rate); 

(7) The identification of on-site 

notification systems (e.g., a fire alarm 

that rings off site, smoke alarms); and 

(8) The name of the emergency 

coordinator and 7/24-hour emergency 

telephone number. 

§ 262.263 Amendment of contingency 

plan. 

The contingency plan must be 

reviewed, and immediately amended, if 

necessary, whenever: 

(a) Applicable regulations are revised; 

(b) The plan fails in an emergency; 

(c) The generator site changes—in its 

design, construction, operation, 

maintenance, or other circumstances— 

in a way that materially increases the 

potential for fires, explosions, or 

releases of hazardous waste or 

hazardous waste constituents, or 

changes the response necessary in an 

emergency; 

(d) The list of emergency coordinators 

changes; or 

(e) The list of emergency equipment 

changes. 

§ 262.264 Emergency coordinator. 

At all times, there must be at least one 

employee either on the generator’s 

premises or on call (i.e., available to 

respond to an emergency by reaching 

the site within a short period of time) 

with the responsibility for coordinating 

all emergency response measures and 

implementing the necessary emergency 

procedures outlined in § 262.265. This 

emergency coordinator must be 

thoroughly familiar with all aspects of 

the generator’s contingency plan, all 

operations and activities at the site, the 

location and characteristics of waste 

handled, the location of all records 

within the site, and the site’s layout. In 

addition, this person must have the 

authority to commit the resources 

needed to carry out the contingency 

plan. 

§ 262.265 Emergency procedures. 

(a) Whenever there is an imminent or 

actual emergency situation, the 

emergency coordinator (or his designee 

when the emergency coordinator is on 

call) must immediately: 

(1) Activate internal site alarms or 

communication systems, where 

applicable, to notify all site personnel; 

and 

(2) Notify appropriate state or local 

agencies with designated response roles 

if their help is needed. 

(b) Whenever there is a release, fire, 

or explosion, the emergency coordinator 

must immediately identify the 

character, exact source, amount, and 

areal extent of any released materials. 

The emergency coordinator may do this 

by observation or review of the site 

records or manifests and, if necessary, 

by chemical analysis. 

(c) Concurrently, the emergency 

coordinator must assess possible 

hazards to human health or the 

environment that may result from the 

release, fire, or explosion. This 

assessment must consider both direct 

and indirect effects of the release, fire, 

or explosion (e.g., the effects of any 

toxic, irritating, or asphyxiating gases 

that are generated, or the effects of any 

hazardous surface water run-offs from 

water or chemical agents used to control 

fire and heat-induced explosions). 

(d) If the emergency coordinator 

determines that the site has had a 

release, fire, or explosion which could 

threaten human health, or the 

environment, outside the facility, the 

emergency coordinator must report the 

findings as follows: 

(1) If the assessment indicates that 

evacuation of local areas may be 

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advisable, the emergency coordinator 

must immediately notify appropriate 

local authorities. The emergency 

coordinator must be available to help 

appropriate officials decide whether 

local areas should be evacuated; and 

(2) The emergency coordinator must 

immediately notify either the 

government official designated as the 

on-scene coordinator for that 

geographical area, or the National 

Response Center (using their 24-hour 

toll free number 800/424–8802). The 

report must include: 

(i) Name and telephone number of 

reporter; 

(ii) Name and address of the 

generator; 

(iii) Time and type of incident (e.g., 

release, fire); 

(iv) Name and quantity of material(s) 

involved, to the extent known; 

(v) The extent of injuries, if any; and 

(vi) The possible hazards to human 

health, or the environment, outside the 

site. 

(e) During an emergency, the 

emergency coordinator must take all 

reasonable measures necessary to ensure 

that fires, explosions, and releases do 

not occur, recur, or spread to other 

hazardous waste at the generator’s site. 

These measures must include, where 

applicable, stopping processes and 

operations, collecting and containing 

released waste, and removing or 

isolating containers. 

(f) If the generator’s site stops 

operations in response to a fire, 

explosion or release, the emergency 

coordinator must monitor for leaks, 

pressure buildup, gas generation, or 

ruptures in valves, pipes, or other 

equipment, wherever this is 

appropriate. 

(g) Immediately after an emergency, 

the emergency coordinator must provide 

for treating, storing, or disposing of 

recovered waste, contaminated soil or 

surface water, or any other material that 

results from a release, fire, or explosion 

at the facility. Unless the generator can 

demonstrate, in accordance with 

§ 261.3(c) or (d) of this chapter, that the 

recovered material is not a hazardous 

waste, then it is a newly generated 

hazardous waste that must be managed 

in accordance with all the applicable 

independent requirements and 

conditions for exemption in parts 262, 

263, and 265 of this chapter. 

(h) The emergency coordinator must 

ensure that, in the affected area(s) of the 

site: 

(1) No waste that may be incompatible 

with the released material is treated, 

stored, or disposed of until cleanup 

procedures are completed; and 

(2) All emergency equipment listed in 

the contingency plan is cleaned and fit 

for its intended use before operations 

are resumed. 

(i) The generator must note in the 

operating record the time, date, and 

details of any incident that requires 

implementing the contingency plan. 

Within 15 days after the incident, the 

generator must submit a written report 

on the incident to the Regional 

Administrator. The report must include: 

(1) Name, address, and telephone 

number of the generator; 

(2) Date, time, and type of incident 

(e.g., fire, explosion); 

(3) Name and quantity of material(s) 

involved; 

(4) The extent of injuries, if any; 

(5) An assessment of actual or 

potential hazards to human health or 

the environment, where this is 

applicable; and 

(6) Estimated quantity and disposition 

of recovered material that resulted from 

the incident. 

PART 263—STANDARDS APPLICABLE 

TO TRANSPORTERS OF HAZARDOUS 

WASTE 

■ 46. The authority citation for part 263 

continues to read as follows: 

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

6925, 6937, and 6938. 

■ 47. Section 263.12 is revised to read 

as follows: 

§ 263.12 Transfer facility requirements. 

(a) A transporter who stores 

manifested shipments of hazardous 

waste in containers meeting the 

independent requirements of § 262.30 of 

this chapter at a transfer facility for a 

period of ten days or less is not subject 

to regulation under parts 264, 265, 267, 

268, and 270 of this chapter with 

respect to the storage of those wastes. 

(b) The transporter must hold 

hazardous wastes that are stored at 

transfer facilities in containers marked 

with the following information: 

(1) The words ‘‘Hazardous Waste;’’ 

(2) The applicable EPA hazardous 

waste number(s) (EPA hazardous waste 

codes) in subparts C and D of part 261 

of this chapter; 

(3) Other words that identify the 

contents of the containers (examples 

may include, but are not limited to the 

name of the chemical(s), such as 

‘‘acetone’’ or ‘‘methylene dichloride’’; or 

the type or class of chemical, such as 

‘‘organic solvents’’ or ‘‘halogenated 

organic solvents’’ or, as applicable, the 

proper shipping name and technical 

name markings used to comply with 

Department of Transportation 

requirements at 49 CFR part 172 subpart 

D); and 

(4) An indication of the hazards of the 

contents (examples include, but are not 

limited to, the applicable hazardous 

waste characteristic(s) (i.e., ignitable, 

corrosive, reactive, toxic); a hazard class 

label consistent with the Department of 

Transportation requirements at 49 CFR 

part 172 subpart E (labeling); a label 

consistent with the Occupational Safety 

and Health Administration Hazard 

Communication Standard at 29 CFR 

1920.1200; a chemical hazard label 

consistent with the National Fire 

Protection Association code 704; a 

hazard pictogram consistent with the 

United Nations’ Globally Harmonized 

System; or any other marking and 

labeling commonly used nationwide in 

commerce that identifies the nature of 

the hazards associated with the contents 

of the waste accumulation unit). 

PART 264—STANDARDS FOR 

OWNERS AND OPERATORS OF 

HAZARDOUS WASTE TREATMENT, 

STORAGE, AND DISPOSAL 

FACILITIES 

■ 48. The authority citation for part 264 

continues to read as follows: 

Authority: 42 U.S.C. 6905, 6912(a), 6924, 

and 6925. 

■ 49. Section 264.1 is amended by 

revising paragraphs (g)(1) and (3) to read 

as follows: 

§ 264.1 Purpose, scope and applicability. 

* * * * * 

(g) * * * 

(1) The owner or operator of a facility 

permitted, licensed, or registered by a 

state to manage municipal or industrial 

solid waste, if the only hazardous waste 

the facility treats, stores, or disposes of 

is excluded from regulation under this 

part by § 262.14 of this chapter; 

* * * * * 

(3) A generator accumulating waste on 

site in compliance with § 262.14, 

262.15, 262.16, or 262.17 of this chapter. 

* * * * * 

■ 50. Section 264.15 is amended by 

revising paragraph (b)(4) and removing 

the comment to paragraph (b)(4) and 

paragraph (b)(5). 

The revision reads as follows: 

§ 264.15 General inspection requirements. 

* * * * * 

(b) * * * 

(4) The frequency of inspection may 

vary for the items on the schedule. 

However, the frequency should be based 

on the rate of deterioration of the 

equipment and the probability of an 

environmental or human health 

incident if the deterioration, 

malfunction, or operator error goes 

undetected between inspections. Areas 

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subject to spills, such as loading and 

unloading areas, must be inspected 

daily when in use. At a minimum, the 

inspection schedule must include the 

items and frequencies called for in 

§§ 264.174, 264.193, 264.195, 264.226, 

264.254, 264.278, 264.303, 264.347, 

264.602, 264.1033, 264.1052, 264.1053, 

264.1058, and 264.1083 through 

264.1089, where applicable. Part 270 of 

this chapter requires the inspection 

schedule to be submitted with part B of 

the permit application. EPA will 

evaluate the schedule along with the 

rest of the application to ensure that it 

adequately protects human health and 

the environment. As part of this review, 

EPA may modify or amend the schedule 

as may be necessary. 

* * * * * 

■ 51. Section 264.71 is amended by 

revising paragraph (c) and removing the 

comment following paragraph (c). 

The revision reads as follows: 

§ 264.71 Use of manifest system. 

* * * * * 

(c) Whenever a shipment of hazardous 

waste is initiated from a facility, the 

owner or operator of that facility must 

comply with the requirements of part 

262 of this chapter. The provisions of 

§§ 262.15, 262.16, and 262.17 of this 

chapter are applicable to the on-site 

accumulation of hazardous wastes by 

generators. Therefore, the provisions of 

§§ 262.15, 262.16, and 262.17 of this 

chapter only apply to owners or 

operators who are shipping hazardous 

waste which they generated at that 

facility. 

* * * * * 

■ 52. Section 264.75 is revised to read 

as follows: 

§ 264.75 Biennial report. 

The owner or operator must complete 

and submit EPA form 8700–13 to the 

Regional Administrator by March 1 of 

each even numbered year for facility 

activities during the previous calendar 

year. 

■ 53. Section 264.170 is revised to read 

as follows: 

§ 264.170 Applicability. 

The regulations in this subpart apply 

to owners and operators of all hazardous 

waste facilities that store hazardous 

waste in containers, except as § 264.1 

provides otherwise. 

■ 54. Section 264.174 is revised to read 

as follows: 

§ 264.174 Inspections. 

At least weekly, the owner or operator 

must inspect areas where containers are 

stored. The owner or operator must look 

for leaking containers and for 

deterioration of containers and the 

containment system cause by corrosion 

or other factors. See §§ 264.15(c) and 

264.171 for remedial action required if 

deterioration or leaks are detected. 

■ 55. Section 264.191 is amended by 

revising paragraph (a) to read as follows: 

§ 264.191 Assessment of existing tank 

system’s integrity. 

(a) For each existing tank system that 

does not have secondary containment 

meeting the requirements of § 264.193, 

the owner or operator must determine 

that the tank system is not leaking or is 

fit for use. Except as provided in 

paragraph (c) of this section, the owner 

or operator must obtain and keep on file 

at the facility a written assessment 

reviewed and certified by a qualified 

Professional Engineer, in accordance 

with § 270.11(d) of this chapter, that 

attests to the tank system’s integrity by 

January 12, 1988. 

* * * * * 

§ 264.195 [Amended] 

■ 56. Section 264.195 is amended by 

removing and reserving paragraph (e). 

■ 57. Section 264.1030 is amended by 

revising paragraph (b)(2) to read as 

follows: 

§ 264.1030 Applicability. 

* * * * * 

(b) * * * 

(2) A unit (including a hazardous 

waste recycling unit) that is not exempt 

from permitting under the provisions of 

40 CFR 262.17 (i.e., a hazardous waste 

recycling unit that is not a 90-day tank 

or container) and that is located at a 

hazardous waste management facility 

otherwise subject to the permitting 

requirements of 40 CFR part 270; or 

* * * * * 

■ 58. Section 264.1050 is amended by 

revising paragraph (b)(3) to read as 

follows: 

§ 264.1050 Applicability. 

* * * * * 

(b) * * * 

(3) A unit that is exempt from 

permitting under the provisions of 40 

CFR 262.17 (i.e., a ‘‘90-day’’ tank or 

container) and is not a recycling unit 

under the provisions of 40 CFR 261.6. 

* * * * * 

■ 59. Section 264.1101 is amended by 

revising paragraph (c)(4) to read as 

follows: 

§ 264.1101 Design and operating 

standards. 

* * * * * 

(c) * * * 

(4) Inspect and record in the facility 

operating record, at least once every 

seven days, data gathered from 

monitoring and leak detection 

equipment as well as the containment 

building and the area immediately 

surrounding the containment building 

to detect signs of releases of hazardous 

waste. 

* * * * * 

PART 265—INTERIM STATUS 

STANDARDS FOR OWNERS AND 

OPERATORS OF HAZARDOUS WASTE 

TREATMENT, STORAGE, AND 

DISPOSAL FACILITIES 

■ 60. The authority citation for part 265 

continues to read as follows: 

Authority: 42 U.S.C. 6905, 6906, 6912, 

6922, 6923, 6924, 6925, 6935, 6936, and 

6937. 

■ 61. Section 265.1 is amended by 

revising paragraphs (c)(5) and (7) to read 

as follows: 

§ 265.1 Purpose, scope, and applicability. 

* * * * * 

(c) * * * 

(5) The owner or operator of a facility 

permitted, licensed, or registered by a 

State to manage municipal or industrial 

solid waste, if the only hazardous waste 

the facility treats, stores, or disposes of 

is excluded from regulation under this 

part by § 262.14 of this chapter; 

* * * * * 

(7) A generator accumulating waste on 

site in compliance with §§ 262.15, 

262.16, and 262.17 of this chapter, 

except to the extent the provisions are 

included in § 262.15, 262.16, or 262.17 

of this chapter; 

* * * * * 

■ 62. Section 265.15 is amended by 

revising paragraph (b)(4) and removing 

paragraph (b)(5). 

The revision reads as follows: 

§ 265.15 General inspection requirements. 

* * * * * 

(b) * * * 

(4) The frequency of inspection may 

vary for the items on the schedule. 

However, the frequency should be based 

on the rate of deterioration of the 

equipment and the probability of an 

environmental or human health 

incident if the deterioration, 

malfunction, or operator error goes 

undetected between inspections. Areas 

subject to spills, such as loading and 

unloading areas, must be inspected 

daily when in use. At a minimum, the 

inspection schedule must include the 

items and frequencies called for in 

§§ 265.174, 265.193, 265.195, 265.226, 

265.260, 265.278, 265.304, 265.347, 

265.377, 265.403, 265.1033, 265.1052, 

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265.1053, 265.1058, and 265.1084 

through 265.1090, where applicable. 

* * * * * 

■ 63. Section 265.71 is amended by 

revising paragraph (c) to read as follows: 

§ 265.71 Use of manifest system. 

* * * * * 

(c) Whenever a shipment of hazardous 

waste is initiated from a facility, the 

owner or operator of that facility must 

comply with the requirements of part 

262 of this chapter. The provisions of 

§§ 262.15, 262.16, and 262.17 of this 

chapter are applicable to the on-site 

accumulation of hazardous wastes by 

generators. Therefore, the provisions of 

§§ 262.15, 262.16, and 262.17 only 

apply to owners or operators who are 

shipping hazardous waste which they 

generated at that facility. 

* * * * * 

■ 64. Section 265.75 is revised to read 

as follows: 

§ 265.75 Biennial report. 

The owner or operator must complete 

and submit EPA form 8700–13 to the 

Regional Administrator by March 1 of 

each even numbered year for facility 

activities during the previous calendar 

year. 

■ 65. Section 265.111 is amended by 

revising paragraph (c) to read as follows: 

§ 265.111 Closure performance standard. 

* * * * * 

(c) Complies with the closure 

requirements of this subpart, including, 

but not limited to, the requirements of 

§§ 265.197, 265.228, 265.258, 265.280, 

265.310, 265.351, 265.381, 265.404, 

265.445, and 265.1102. 

■ 66. Section 265.114 is revised to read 

as follows: 

§ 265.114 Disposal or decontamination of 

equipment, structures and soils. 

During the partial and final closure 

periods, all contaminated equipment, 

structures and soil must be properly 

disposed of, or decontaminated unless 

specified otherwise in § 265.197, 

265.228, 265.445, 265.258, 265.280, 

265.310, or 265.1102. By removing all 

hazardous wastes or hazardous 

constituents during partial and final 

closure, the owner or operator may 

become a generator of hazardous waste 

and must handle that hazardous waste 

in accordance with all applicable 

requirements of part 262 of this chapter. 

■ 67. Section 265.174 is revised to read 

as follows: 

§ 265.174 Inspections. 

At least weekly, the owner or operator 

must inspect areas where containers are 

stored. The owner or operator must look 

for leaking containers and for 

deterioration of containers caused by 

corrosion or other factors. See § 265.171 

for remedial action required if 

deterioration or leaks are detected. 

§ 265.195 [Amended] 

■ 68. Section 265.195 is amended by 

removing and reserving paragraph (d). 

§ 265.201 [Removed and reserved] 

■ 69. Remove and reserve § 265.201. 

■ 70. Section 265.1030 is amended by 

revising paragraphs (b)(2) and (3) and 

removing the Note to (b)(3). 

The revisions read as follows: 

§ 265.1030 Applicability. 

* * * * * 

(b) * * * 

(2) A unit (including a hazardous 

waste recycling unit) that is not exempt 

from permitting under the provisions of 

40 CFR 262.17 (i.e., a hazardous waste 

recycling unit that is not a 90-day tank 

or container) and that is located at a 

hazardous waste management facility 

otherwise subject to the permitting 

requirements of 40 CFR part 270, or 

(3) A unit that is exempt from 

permitting under the provisions of 40 

CFR 262.17 (i.e., a ‘‘90-day’’ tank or 

container) and is not a recycling unit 

under the requirements of 40 CFR 261.6. 

* * * * * 

■ 71. Section 265.1101 is amended by 

revising paragraph (c)(4) to read as 

follows: 

§ 265.1101 Design and operating 

standards. 

* * * * * 

(c) * * * 

(4) Inspect and record in the facility’s 

operating record at least once every 

seven days data gathered from 

monitoring and leak detection 

equipment as well as the containment 

building and the area immediately 

surrounding the containment building 

to detect signs of releases of hazardous 

waste. 

* * * * * 

PART 268—LAND DISPOSAL 

RESTRICTIONS 

■ 72. The authority citation for part 268 

continues to read as follows: 

Authority: 42 U.S.C. 6905, 6912(a), 6921, 

and 6924. 

■ 73. Section 268.1 is amended by 

revising paragraph (e)(1) to read as 

follows: 

§ 268.1 Purpose, scope, and applicability. 

* * * * * 

(e) * * * 

(1) Waste generated by very small 

quantity generators, as defined in 

§ 260.10 of this chapter; 

* * * * * 

■ 74. Section 268.7 is amended by 

revising paragraph (a)(5) introductory 

paragraph to read as follows: 

§ 268.7 Testing, tracking, and 

recordkeeping requirements for generators, 

treaters, and disposal facilities. 

(a) * * * 

(5) If a generator is managing and 

treating prohibited waste or 

contaminated soil in tanks, containers, 

or containment buildings regulated 

under 40 CFR 262.15, 262.16, and 

262.17 to meet applicable LDR 

treatment standards found at § 268.40, 

the generator must develop and follow 

a written waste analysis plan which 

describes the procedures they will carry 

out to comply with the treatment 

standards. (Generators treating 

hazardous debris under the alternative 

treatment standards of Table 1 to 

§ 268.45, however, are not subject to 

these waste analysis requirements.) The 

plan must be kept on site in the 

generator’s records, and the following 

requirements must be met: 

* * * * * 

■ 75. Section 268.50 is amended by 

revising paragraph (a)(2)(i) to read as 

follows: 

§ 268.50 Prohibitions on storage of 

restricted waste. 

(a) * * * 

(2) * * * 

(i) Each container is clearly marked 

with: 

(A) The words ‘‘Hazardous Waste;’’ 

(B) The applicable EPA hazardous 

waste number(s) (EPA hazardous waste 

codes) in subparts C and D of part 261 

of this chapter; 

(C) Other words that identify the 

contents of the containers (examples 

may include, but are not limited to the 

name of the chemical(s), such as 

‘‘acetone’’ or ‘‘methylene dichloride’’; or 

the type or class of chemical, such as 

‘‘organic solvents’’ or ‘‘halogenated 

organic solvents’’ or, as applicable, the 

proper shipping name and technical 

name markings used to comply with 

Department of Transportation 

requirements at 49 CFR part 172 subpart 

D); and 

(D) An indication of the hazards of the 

contents (examples include, but are not 

limited to, the applicable hazardous 

waste characteristic(s) (i.e., ignitable, 

corrosive, reactive, toxic); a hazard class 

label consistent with the Department of 

Transportation requirements at 49 CFR 

part 172 subpart E (labeling); a label 

consistent with the Occupational Safety 

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and Health Administration Hazard 

Communication Standard at 29 CFR 

1920.1200; a chemical hazard label 

consistent with the National Fire 

Protection Association code 704; a 

hazard pictogram consistent with the 

United Nations’ Globally Harmonized 

System; or any other marking and 

labeling commonly used nationwide in 

commerce that identifies the nature of 

the hazards associated with the contents 

of the waste accumulation unit); and 

(E) The date each period of 

accumulation begins. 

* * * * * 

PART 270—EPA ADMINISTERED 

PERMIT PROGRAMS: THE 

HAZARDOUS WASTE PERMIT 

PROGRAM 

■ 76. The authority citation for part 270 

continues to read as follows: 

Authority: 42 U.S.C. 6905, 6912, 6924, 

6925, 6927, 6939, and 6974. 

■ 77. Section 270.1 is amended by 

revising paragraphs (a)(3), (c)(2) 

introductory text, (c)(2)(i), and (c)(2)(iii) 

to read as follows: 

§ 270.1 Purpose and scope of these 

regulations. 

(a) * * * 

(3) Technical regulations. The RCRA 

permit program has separate additional 

regulations that contain technical 

requirements. These separate 

regulations are used by permit issuing 

authorities to determine what 

requirements must be placed in permits 

if they are issued. These separate 

regulations are located in 40 CFR parts 

264, 266, 267, and 268. 

* * * * * 

(c) * * * 

(2) Specific exclusions and 

exemptions. The following persons are 

among those who are not required to 

obtain a RCRA permit: 

(i) Generators who accumulate 

hazardous waste on site in compliance 

with all of the conditions for exemption 

provided in 40 CFR 262.14, 262.15, 

262.16, and 262.17. 

* * * * * 

(iii) Persons who own or operate 

facilities solely for the treatment, 

storage, or disposal of hazardous waste 

excluded from regulations under this 

part by 40 CFR 261.4. 

* * * * * 

§ 270.42 [Amended] 

■ 78. Section 270.42 is amended by 

removing and reserving paragraph (l) 

and the entries under O.1. in the table 

of appendix I to § 270.42. 

PART 273—STANDARDS FOR 

UNIVERSAL WASTE MANAGEMENT 

■ 79. The authority citation for part 273 

continues to read as follows: 

Authority: 42 U.S.C. 6922, 6923, 6924, 

6925, 6930, and 6937. 

■ 80. Section 273.8 is amended by 

revising the section heading and 

paragraph (a)(2) to read as follows: 

§ 273.8 Applicability—household and very 

small quantity generator waste. 

(a) * * * 

(2) Very small quantity generator 

wastes that are exempt under § 262.14 of 

this chapter and are also of the same 

type as the universal wastes defined at 

§ 273.9. 

* * * * * 

■ 81. Section 273.81 is amended by 

revising paragraph (b) to read as follows: 

§ 273.81 Factors for petitions to include 

other wastes under 40 CFR part 273. 

* * * * * 

(b) The waste or category of waste is 

not exclusive to a specific industry or 

group of industries, is commonly 

generated by a wide variety of types of 

establishments (including, for example, 

households, retail and commercial 

businesses, office complexes, very small 

quantity generators, small businesses, 

government organizations, as well as 

large industrial facilities); 

* * * * * 

PART 279—STANDARDS FOR 

MANAGEMENT OF USED OIL 

■ 82. The authority citation for part 279 

continues to read as follows: 

Authority: Sections 1006, 2002(a), 3001 

through 3007, 3010, 3014, and 7004 of the 

Solid Waste Disposal Act, as amended (42 

U.S.C. 6905, 6912(a), 6921 through 6927, 

6930, 6934, and 6974) ; and sections 101(37) 

and 144(c) of CERCLA (42 U.S.C. 9601(37) 

and 9614(c)). 

■ 83. Section 279.10 is amended by 

revising paragraph (b)(3) to read as 

follows: 

§ 279.10 Applicability. 

* * * * * 

(b) * * * 

(3) Very small quantity generator 

hazardous waste. Mixtures of used oil 

and very small quantity generator 

hazardous waste regulated under 

§ 262.14 of this chapter are subject to 

regulation as used oil under this part. 

* * * * * 

[FR Doc. 2015–23166 Filed 9–24–15; 8:45 am] 

BILLING CODE 6560–50–P 

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