[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Rules and Regulations]
[Pages 84710-84713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26750]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 261, 262, and 266

[EPA-HQ-OLEM-2023-0081; FRL 8687-03-OLEM]
RIN 2050-AH23


Hazardous Waste Generator Improvements Rule, the Hazardous Waste 
Pharmaceuticals Rule, and the Definition of Solid Waste Rule; Technical 
Corrections

AGENCY: Environmental Protection Agency (EPA).

ACTION: Partial withdrawal of direct final rule.

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SUMMARY: Because the EPA received adverse comment on eight amendments 
in the direct final rule published on August 9, 2023, we are 
withdrawing amendments to specific provisions through correction to the 
direct final rule.

DATES: This correction is effective December 7, 2023.

FOR FURTHER INFORMATION CONTACT: Brian Knieser, U.S. Environmental 
Protection Agency, Office of Resource Conservation and Recovery, (MC: 
5304T), 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 566-
0516, (<a href="/cdn-cgi/l/email-protection#e68d888f83958394c884948f8788a6839687c8818990"><span class="__cf_email__" data-cfemail="bcd7d2d5d9cfd9ce92deced5ddd2fcd9ccdd92dbd3ca">[email protected]</span></a>) or Kathy Lett, U.S. Environmental 
Protection Agency, Office of Resource Conservation and Recovery, (MC: 
5304T), 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 566-
0517, (<a href="/cdn-cgi/l/email-protection#137f7667673d7872677b6a537663723d747c65"><span class="__cf_email__" data-cfemail="c4a8a1b0b0eaafa5b0acbd84a1b4a5eaa3abb2">[email protected]</span></a>).

SUPPLEMENTARY INFORMATION: Because the EPA received adverse comment on 
specific amendments, through this correction, we are withdrawing only 
those specific amendments from the direct final rule, Hazardous Waste 
Generator Improvements Rule, the Hazardous Waste Pharmaceuticals Rule, 
and the Definition of Solid Waste Rule; Technical Corrections, 
published on August 9, 2023 (88 FR 54086). We stated in that direct 
final rule that if we received adverse comment by the close of the 
comment period on October 10, 2023, the specific amendments in the 
direct final rule that are the subject of adverse comment would not 
take effect, and we would publish a timely withdrawal in the Federal 
Register. Because the EPA subsequently received adverse comment on 
eight amendments in that direct final rule, we are withdrawing only the 
eight affected amendments. All other amendments in that direct final 
rule will go into effect on the effective date (December 7, 2023). The 
eight specific amendments that are being withdrawn are:
    1. Section 261.4(e)(1) introductory text related to sample waste 
generated or collected for the purpose of conducting treatability 
studies.
    2. Section 262.11(d) introductory text related to identifying 
hazardous characteristics for listed hazardous wastes when the 
characteristic is already addressed by the listing.
    3. Section 262.11(g) related to identifying hazardous 
characteristics for listed hazardous wastes when the characteristic is 
already addressed by the listing.
    4. Section 262.16(b)(1) related to the accumulation limit for small 
quantity generators generating acute hazardous waste.
    5. Section 262.17(a)(8)(i) introductory text related to LQG closure 
notification when closing a waste accumulation unit but not the whole 
facility.
    6. Section 262.17(a)(8)(i)(A) related to LQG closure notification 
when closing a waste accumulation unit but not the whole facility.
    7. Section 262.232(b)(6)(iv) related to adding ``RCRA-'' to the 
term ``designated facility'' to match the language of parallel 
provisions in this section.
    8. Section 266.508(a)(2)(ii) related to allowing applicable EPA 
hazardous waste numbers (also known as waste codes) in addition to the 
required PHARMS code in item 13 of the hazardous waste manifest for 
shipments of hazardous waste pharmaceuticals from a healthcare facility 
subject to 40 CFR part 266 subpart P. We are also withdrawing language 
from this provision that allows the use of PHRM in lieu of PHARMS in 
item 13 of the hazardous waste manifest.
    Except for the amendment to Sec.  262.11 at instruction 25, which 
is withdrawn in full, because the provisions we are withdrawing appear 
in amendatory instructions affecting other provisions, we are 
correcting the corresponding amendments in full minus those provisions 
withdrawn.
    The EPA published a parallel proposed rule on the same day as the 
direct final rule. The proposed rule invited comment on the substance 
of the direct final rule. We will address those comments in any 
subsequent final action, which will be based on the parallel proposed 
rule also published on

[[Page 84711]]

August 9, 2023. As stated in the direct final rule and the parallel 
proposed rule, we will not institute a second comment period on this 
action.

List of Subjects

40 CFR Part 261

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Confidential business information, Hazardous 
waste, Intergovernmental relations, Licensing and registration, 
Reporting and recordkeeping requirements.

40 CFR Part 262

    Environmental protection, Exports, Hazardous materials 
transportation, Hazardous waste, Imports, Labeling, Packaging and 
containers, Reporting and recordkeeping requirements.

40 CFR Part 266

    Environmental protection, Energy, Hazardous waste, Recycling, 
Reporting and recordkeeping requirements.

Michael S. Regan,
Administrator.


0
For the reasons stated above, EPA is withdrawing amendments in the 
direct final rule published August 9, 2023, at 88 FR 54086, by making 
the following corrections:

Correction

0
In FR Rule Doc. No. 2023-14731, published August 9, 2023, at 88 FR 
54086, make the following corrections:

0
1. On page 54109, in the first column, amendatory instruction 25 
amending Sec.  262.11 is removed.

0
2. Beginning on page 54100 and ending on page 54114, correct amendatory 
instructions 5 (Sec.  261.4), 27 (Sec.  262.16), 28 (Sec.  262.17), 34 
(Sec.  262.232), and 55 (Sec.  266.508) to read as follows:
0
5. Section 261.4 is amended by revising paragraphs (a)(25)(i)(I), 
(a)(25)(vi) and (vii), and (a)(25)(xi)(D) to read as follows:


Sec.  261.4  Exclusions.

    (a) * * *
    (25) * * *
    (i) * * *
    (I) The name of any countries of transit through which the 
hazardous secondary material will be sent and a description of the 
approximate length of time it will remain in such countries and the 
nature of its handling while there (for purposes of this section, the 
terms ``EPA Acknowledgment of Consent'', ``country of import'' and 
``country of transit'' are used as defined in 40 CFR 262.81 with the 
exception that the terms in this section refer to hazardous secondary 
materials, rather than hazardous waste):
* * * * *
    (vi) The export of hazardous secondary material under this 
paragraph (a)(25) is prohibited unless the hazardous secondary material 
generator receives from EPA an EPA Acknowledgment of Consent 
documenting the consent of the country of import to the receipt of the 
hazardous secondary material. Where the country of import objects to 
receipt of the hazardous secondary material or withdraws a prior 
consent, EPA will notify the hazardous secondary material generator in 
writing. EPA will also notify the hazardous secondary material 
generator of any responses from countries of transit.
    (vii) Prior to each shipment, the hazardous secondary material 
generator or a U.S. authorized agent must:
    (A) Submit Electronic Export Information (EEI) for each shipment to 
the Automated Export System (AES) or its successor system, under the 
International Trade Data System (ITDS) platform, in accordance with 15 
CFR 30.4(b).
    (B) Include the following items in the EEI, along with the other 
information required under 15 CFR 30.6:
    (1) EPA license code;
    (2) Commodity classification code per 15 CFR 30.6(a)(12);
    (3) EPA consent number;
    (4) Country of ultimate destination per 15 CFR 30.6(a)(5);
    (5) Date of export per 15 CFR 30.6(a)(2);
    (6) Quantity of waste in shipment and units for reported quantity, 
if required reporting units established by value for the reported 
commodity classification number are in units of weight or volume per 15 
CFR 30.6(a)(15); or
    (7) EPA net quantity reported in units of kilograms, if required 
reporting units established by value for the reported commodity 
classification number are not in units of weight or volume.
* * * * *
    (xi) * * *
    (D) By reclaimer and intermediate facility, for each hazardous 
secondary material exported, a description of the hazardous secondary 
material and the EPA hazardous waste number that would apply if the 
hazardous secondary material was managed as hazardous waste, the DOT 
hazard class, the name and U.S. EPA ID number (where applicable) for 
each transporter used, the consent number(s) under which the hazardous 
secondary material was shipped and for each consent number, the total 
amount of hazardous secondary material shipped and the number of 
shipments exported during the calendar year covered by the report;
* * * * *

0
27. Section 262.16 is amended by revising the introductory text and 
paragraphs (b) introductory text, (b)(5) introductory text, and 
(b)(8)(iv)(A) and (B) to read as follows:


Sec.  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 
requirements of parts 124, 264 through 267, and 270 of this chapter, or 
the notification requirements of section 3010 of RCRA for treatment, 
storage, and disposal facilities, provided that all the conditions for 
exemption listed in this section are met:
* * * * *
    (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), (d), and (e) of 
this section. The following accumulation conditions also apply:
* * * * *
    (5) Accumulation of hazardous waste in containment buildings. If 
the waste is placed in containment buildings, the small quantity 
generator must comply with 40 CFR part 265 subpart DD. The generator 
must label its containment buildings with the words ``Hazardous Waste'' 
in a conspicuous place easily visible to employees, visitors, emergency 
responders, waste handlers, or other persons on site and also in a 
conspicuous place provide 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); 
hazard communication consistent with the Department of Transportation 
requirements at 49 CFR part 172, subpart E (labeling) or subpart F 
(placarding); a hazard statement or pictogram consistent with the 
Occupational Safety and Health Administration Hazard Communication 
Standard at 29 CFR 1910.1200; or a chemical hazard label consistent 
with the National Fire Protection Association code 704). The generator 
must also maintain:
* * * * *
    (8) * * *
    (iv) * * *
    (A) Whenever hazardous waste is being poured, mixed, spread, or

[[Page 84712]]

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 (b)(8)(ii) of this section.
    (B) In the event there is just one employee on the premises while 
the facility 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 (b)(8)(ii) of this 
section.
* * * * *

0
28. Section 262.17 is amended by revising the introductory text and 
paragraphs (a)(2), (a)(7)(i)(A), (a)(8)(iii)(A)(4), (b), (c) 
introductory text, (d), (e), and (f) introductory text to read as 
follows:


Sec.  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 
requirements of parts 124, 264 through 267, and 270 of this chapter, or 
the notification requirements of section 3010 of RCRA for treatment, 
storage, and disposal facilities, provided that all of the following 
conditions for exemption are met:
* * * * *
    (a) * * *
    (2) Accumulation of hazardous waste in tanks. If the waste is 
placed in tanks, the large quantity generator must comply with the 
applicable requirements of subpart J (except Sec. Sec.  265.197(c) and 
265.200 of this subchapter) as well as the applicable requirements of 
40 CFR part 265, subparts AA through CC.
* * * * *
    (7) * * *
    (i)(A) Facility personnel must successfully complete a program of 
classroom instruction, online training (e.g., computer-based or 
electronic), 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)(C) of this section.
* * * * *
    (8) * * *
    (iii) * * *
    (A) * * *
    (4) If the generator demonstrates that any contaminated soils and 
wastes cannot be practicably removed or decontaminated as required in 
paragraph (a)(8)(iii)(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 (Sec.  265.310 of this subchapter). 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 40 CFR part 265, subparts G and H.
* * * * *
    (b) Accumulation time limit extension. A large quantity generator 
who accumulates hazardous waste for more than 90 days is subject to the 
requirements of 40 CFR parts 124, 264 through 268, and part 270 of this 
chapter, and the notification requirements of section 3010 of RCRA for 
treatment, storage, and disposal facilities, 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 being subject to parts 124, 264 through 267, 
and 270 of this chapter, and the notification requirements of section 
3010 of RCRA for treatment, storage, and disposal facilities, provided 
that it complies with all of the following additional conditions for 
exemption:
* * * * *
    (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 being subject to parts 124, 
264 through 267, and 270 of this chapter, and the notification 
requirements of section 3010 of RCRA for treatment, storage, and 
disposal facilities, 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 124, 264, 265, 267, and 270, and the 
notification requirements of section 3010 of RCRA for treatment, 
storage, and disposal facilities, 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) Consolidation of hazardous waste received from very small 
quantity generators. Large quantity generators may accumulate on site 
hazardous waste received from very small quantity generators under 
control of the same person (as defined in Sec.  260.10 of this 
subchapter), without a storage permit or interim status and without 
complying with the requirements of parts 124, 264 through 268, and 270 
of this chapter, and the notification requirements of section 3010 of 
RCRA for treatment, storage, and disposal facilities, 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, whether by the ownership of stock, voting rights, or 
otherwise, except that contractors who operate generator facilities on 
behalf of a different person

[[Page 84713]]

shall not be deemed to ``control'' such generators.
* * * * *

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34. Section 262.232 is amended by revising the paragraphs (a)(5), 
(b)(4) introductory text, and (b)(4)(ii)(C) to read as follows:


Sec.  262.232  Conditions for a generator managing hazardous waste from 
an episodic event.

    (a) * * *
    (5) The very small quantity generator must comply with the 
hazardous waste manifest provisions of subpart B of this part and the 
recordkeeping provisions for small quantity generators in Sec.  262.44 
when it sends its episodic event hazardous waste off site to a 
designated facility, as defined in Sec.  260.10 of this subchapter.
* * * * *
    (b) * * *
    (4) Accumulation by small quantity generators. A small quantity 
generator is prohibited from accumulating hazardous wastes generated 
from an episodic event on drip pads and in containment buildings. When 
accumulating hazardous waste generated from an episodic event in 
containers and tanks, the following conditions apply:
* * * * *
    (ii) * * *
    (C) Use inventory logs, monitoring equipment or other records to 
identify the date upon which each episodic event begins; and
* * * * *

0
55. Section 266.508 is amended by revising paragraphs (a)(1)(iii)(C) 
and (a)(2)(i) to read as follows:


Sec.  266.508  Shipping non-creditable hazardous waste pharmaceuticals 
from a healthcare facility of evaluated hazardous waste pharmaceuticals 
from a reverse distributor.

    (a) * * *
    (1) * * *
    (iii) * * *
    (C) Lab packs that will be incinerated in compliance with Sec.  
268.42(c) of this subchapter are not required to be marked with EPA 
hazardous waste numbers (i.e., hazardous waste codes), except D004, 
D005, D006, D007, D008, D010, and D011, where applicable. A nationally 
recognized electronic system, such as bar coding or radio frequency 
identification tag, may be used to identify the applicable EPA 
hazardous waste numbers (i.e., hazardous waste codes).
* * * * *
    (2) * * *
    (i) A healthcare facility shipping noncreditable hazardous waste 
pharmaceuticals is not required to list all applicable EPA hazardous 
waste numbers (i.e., hazardous waste codes) in Item 13 of EPA Form 
8700-22.
* * * * *
[FR Doc. 2023-26750 Filed 12-5-23; 8:45 am]
BILLING CODE 6560-50-P


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