8926 Federal Register / Vol. 79, No. 31 / Friday, February 14, 2014 / Proposed Rules 

3On May 16, 2012, EPA made a determination 

that ORVR was in widespread use throughout the 

motor vehicle fleet for purposes of controlling 

motor vehicle refueling emissions. See 77 FR 28772. 

EPA estimated that approximately 70 percent of all 

vehicles would be equipped with on-board systems 

to capture these vapors by the end of 2012, 

rendering the use of Stage II vapor recovery systems 

redundant. 

purposes of the 2008 ozone NAAQS. 

Nevertheless, pursuant to the December 

12, 2006 Memorandum, EPA is 

proposing to conclude that an analysis 

as described in the guidance is relevant 

to satisfy the section 110(l) 

demonstration necessary to exempt the 

Hertz Corporation facility from the Stage 

II vapor control requirements. 

EPA believes the widespread use of 

ORVR has been sufficiently 

demonstrated with respect to the rental 

car fleet that will be utilized by the 

Hertz Corporation facility at issue.3

EPA’s December 12, 2006, 

memorandum states that if 95 percent of 

the vehicles in the fleet have ORVR, 

then widespread use will likely have 

been demonstrated for that fleet. The 

memorandum addresses the following 

specific fleets: 

• Initial fueling of new vehicles at 

automobile assembly plants; 

• Refueling of rental cars at rental car 

facilities; and 

• Refueling of flexible fuel vehicles at 

E85 dispensing pumps. 

Most large rental companies rent 

current model vehicles, that are 

equipped with ORVR and vehicle 

models are updated to current year 

models every year or two. The 

Commonwealth of Kentucky has 

confirmed that 100 percent of the fleet 

will be equipped with 2006 model year 

(first model year vehicles required to be 

equipped with ORVR) and newer 

vehicles at the Hertz Corporation facility 

at the Cincinnati/Northern Kentucky 

International Airport in Boone County. 

EPA has preliminarily determined 

that Kentucky has adequately 

demonstrated that ORVR is in 

widespread use and that the Stage II 

requirements of the Kentucky SIP have 

been sufficiently supplanted by the 

ORVR such that exemption of the Hertz 

Corporation facility from the Stage II 

requirements would not interfere with 

any applicable requirement concerning 

attainment and reasonable further 

progress or any other applicable 

requirement of the CAA. 

III. Proposed Action 

EPA is proposing to approve the 

aforementioned source-specific SIP 

revision request from Kentucky. VOC 

emissions from vehicles at the Hertz 

Corporation facility are controlled by 

ORVR, therefore, EPA has preliminarily 

concluded that removal of Stage II 

requirements at this facility would not 

result in an increase of VOC emissions, 

and thus would not contribute to ozone 

formation. The Commonwealth is 

seeking to exempt this facility from the 

Stage II requirements and EPA has 

preliminarily determined that Kentucky 

has fully satisfied the requirements of 

section 110(l) of the CAA. Therefore, 

EPA is proposing to approve this 

source-specific SIP revision as being 

consistent with section 110 of the CAA. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

action merely approves state law as 

meeting federal requirements and does 

not impose additional requirements 

beyond those imposed by 

Commonwealth law. For that reason, 

these proposed actions: 

• Are not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Are certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Do not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Public Law 104–4); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not a significant regulatory 

action subject to Executive Order 13211 

(66 FR 28355, May 22, 2001); 

• Are not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Do not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the Commonwealth, and it 

will not impose substantial direct costs 

on tribal governments or preempt tribal 

law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Greenhouse gas, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: February 3, 2014. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2014–03328 Filed 2–13–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 261 and 262 

[EPA–HQ–RCRA–2012–0426; FRL–9906–44– 

OSWER] 

RIN 2050–AG72 

Hazardous Waste Management and the 

Retail Sector: Providing and Seeking 

Information on Practices To Enhance 

Effectiveness to the Resource 

Conservation and Recovery Act 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of data availability and 

request for comment. 

SUMMARY: This Notice of Data 

Availability (NODA) announces and 

invites comment on information 

assembled by the Environmental 

Protection Agency (EPA or the Agency), 

and solicits additional information 

regarding the hazardous waste 

management practices of establishments 

in the retail sector (e.g., stores). The 

NODA also invites comment on specific 

issues and suggested questions that the 

retail industry has raised about 

challenges they face in complying with 

the Resource Conservation and 


tkelley on DSK3SPTVN1PROD with PROPOSALS
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Recovery Act (RCRA) hazardous waste 

policies, guidances and regulations. 

This NODA meets the Agency’s 

commitment to solicit public comment 

on issues associated with the retail 

sector under Executive Order 13563: 

Improving Regulation and Regulatory 

Review to make regulatory programs 

more effective or less burdensome in 

achieving regulatory objectives. 

DATES: Comments must be received by 

April 15, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

RCRA–2012–0426, by one of the 

following methods: 

• www.regulations.gov: Follow the 

online instructions for submitting 

comments. 

• Email: Comments may be sent by 

electronic mail (email) to rcra-docket@

epa.gov, Attention Docket ID No. EPA– 

HQ–RCRA–2012–0426. In contrast to 

EPA’s electronic public docket, EPA’s 

email system is not an ‘‘anonymous 

access’’ system. If you send an email 

comment directly to the Docket without 

going through EPA’s electronic public 

docket, EPA’s email system 

automatically captures your email 

address. Email addresses that are 

automatically captured by EPA’s email 

system are included as part of the 

comment that is placed in the official 

public docket, and made available in 

EPA’s electronic public docket. 

• Fax: Comments may be faxed to 

202–566–9744. Attention Docket ID No. 

EPA–HQ–RCRA–2012–0426. 

• Mail: to Hazardous Waste 

Management and the Retail Sector: 

Providing and Seeking Information on 

Practices to Enhance Effectiveness to the 

RCRA Program: Notice of Data 

Availability and Request for Comment. 

Environmental Protection Agency, 

Mailcode: 28221T, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460. 

Attention Docket ID No. EPA–HQ– 

RCRA–2012–0426. Please include a total 

of 2 copies. 

• Hand Delivery: Deliver two copies 

of your comments to the Hazardous 

Waste Management and the Retail 

Sector: Providing and Seeking 

Information on Practices to Enhance 

Effectiveness to the RCRA Program: 

Notice of Data Availability and Request 

for Comment Docket, EPA/DC, EPA 

West, Room 3334, 1301 Constitution 

Ave. NW., Washington, DC 20460. 

Attention Docket ID No. EPA–HQ– 

RCRA–2012–0426. Such deliveries are 

only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–RCRA–2012– 

0426. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available on-line at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI), or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

For additional instructions on 

submitting comments, go to the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Hazardous Waste Management and 

the Retail Sector: Providing and Seeking 

Information on Practices to Enhance 

Effectiveness to the RCRA Program: 

Notice of Data Availability and Request 

for Comment Docket, EPA/DC, EPA 

West, Room 3334, 1301 Constitution 

Ave. NW., Washington, DC. This Docket 

Facility is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The Docket telephone 

number is (202) 566–0270. The Public 

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

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

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744. 

FOR FURTHER INFORMATION CONTACT: For 

further information regarding specific 

aspects of this notice, contact Richard 

Huggins Jr., Materials Recovery and 

Waste Management Division, Office of 

Resource Conservation and Recovery, 

(5304P), U.S. Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW., Washington, DC 20460; telephone 

(703) 308–0017; fax number: 703–308– 

0514; email address huggins.richard@

epa.gov or Jim O’Leary, Materials 

Recovery and Waste Management 

Division, Office of Resource 

Conservation and Recovery, (5304P) 

U.S. Environmental Protection Agency, 

1200 Pennsylvania Avenue NW., 

Washington, DC 20460; telephone (703) 

308–8827; fax number: 703–308–0524; 

email address oleary.jim@epa.gov. For 

more information on this rulemaking, 

please visit: http://yosemite.epa.gov/

opei/RuleGate.nsf/. 

The contents of this notice are listed 

in the following outline: 

I. General Information 

A. Does this action apply to me? 

B. What should I consider as I prepare my 

comments for EPA? 

II. Background 

A. Introduction 

B. Why We Are Publishing This NODA 

C. RCRA Hazardous Waste Generator 

Management Regulations 

III. Methodology and Data on Which EPA 

Seeks Comment 

A. Data Methodology 

B. Data Available on the Universe of Retail 

Stores and Retail Facilities and the 

Amount of Hazardous Waste Generated 

by These Facilities 

IV. Additional Information That EPA Seeks 

from Commenters 

A. Suggestions for Improving the RCRA 

Hazardous Waste Policies, Guidances 

and Regulations for Retail Operations 

B. Information About the Retail Universe 

and the Hazardous Waste Generated 

C. Information About Episodic Generation 

D. Information About Retail Stores’ 

Hazardous Waste Programs 

E. Information About Hazardous Waste 

Employee Training 

F. Information About Aerosol Cans 

G. Information About Transportation and 

Reverse Logistics 

H. Information About Reverse Logistic 

Centers 

I. Information About Sustainability Efforts 

Undertaken by Retail Facilities 

SUPPLEMENTARY INFORMATION:


tkelley on DSK3SPTVN1PROD with PROPOSALS
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I. General Information 

A. Does this action apply to me? 

This Notice of Data Availability 

(NODA) provides information to the 

public and seeks comment and 

additional information associated with 

the retail sector and its facilities. Thus, 

entities that may want to review this 

NODA and may have relevant 

information to submit are likely to be 

classified in the following industrial 

sectors under the North American 

Industry Classification System (NAICS): 

NAICS CODES OF ENTITIES POTENTIALLY AFFECTED BY THIS NOTICE

NAICS Code Description of NAICS Code 

441 ........................................................... Motor Vehicle and Parts Dealers. 

442 ........................................................... Furniture and Home Furnishings Stores. 

443 ........................................................... Electronics and Appliance Stores. 

444 ........................................................... Building Material and Garden Equipment and Supplies Dealers. 

445 ........................................................... Food and Beverage Stores. 

446 ........................................................... Health and Personal Care Stores. 

447 ........................................................... Gasoline Stations. 

448 ........................................................... Clothing and Clothing Accessories Stores. 

451 ........................................................... Sporting Goods, Hobby, Book, and Music Stores. 

452 ........................................................... General Merchandise Stores. 

453 ........................................................... Miscellaneous Store Retailers. 

454 ........................................................... Nonstore Retailers. 

722 ........................................................... Food Services and Drinking Places. 

The list of potentially affected entities 

in the above table is not exhaustive and 

is provided as a general indicator of 

those entities about which EPA is 

presenting information and requesting 

comment. In addition, other 

stakeholders affected by hazardous 

waste management by the retail sector, 

including Tribal, state, and local 

governments, community and 

environmental groups, and members of 

the public may also want to review this 

NODA and provide relevant 

information. If you have any questions 

regarding the applicability of this notice 

to a particular entity or industry, 

consult the individuals listed above in 

the FOR FURTHER INFORMATION CONTACT

Section. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD ROM that 

you mail to EPA, mark the outside of the 

disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify this NODA by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

A. Introduction 

Regulation of hazardous waste 

generated by the retail sector under the 

Resource Conservation and Recovery 

Act (RCRA) presents unique challenges 

that are not found in more ‘‘traditional’’ 

RCRA- regulated industries. The retail 

sector handles a large number of diverse 

products (for example, one retailer has 

reported about a million products and 

4,000 facilities nationwide), many of 

which may potentially become 

regulated as hazardous waste under 

RCRA when discarded. Thus, retailers 

are required to make numerous 

hazardous waste determinations at 

thousands of sites, generally by store 

employees with limited experience with 

the RCRA hazardous waste regulations. 

Additionally, the retail sector often uses 

‘‘reverse distribution’’ in their business 

processes, where non-damaged products 

from retail stores are routinely shipped 

back to consolidation centers. However, 

how reverse distribution processes are 

regulated, or should be regulated under 

RCRA has resulted in a number of 

questions. 

In 2008, EPA began an effort to review 

the application of RCRA hazardous 

waste regulations to the retail sector, 

and over the next two years conducted 

meetings, conference calls and site visits 

with the retail sector to better 

understand their challenges. This 

included meetings with the Council on 

Safe Transportation of Hazardous 

Articles, Inc. (COSTHA), Lowe’s, the 

National Retail Federation, Proctor and 

Gamble, the Retail Industry Leaders 

Association (RILA), Strong 

Environmental and Walmart, and site 

visits at Lowe’s, a Proctor and Gamble 

distribution center, and the Heritage 

Facility, a commercial waste facility that 

handles Proctor and Gamble’s wastes. 

On January 18, 2011, President 

Obama signed Executive Order (EO) 

13563, titled ‘‘Improving Regulation and 

Regulatory Review.’’ President Obama 

ordered federal departments and 

agencies to develop a ‘‘plan, consistent 

with law and its resources and 

regulatory priorities, under which the 

agency will periodically review its 

existing significant regulations to 

determine whether any such regulations 

should be modified, streamlined, 

expanded, or repealed so as to make the 

agency’s regulatory program more 

effective or less burdensome in 

achieving the regulatory objectives.’’ 

The EO also enumerated a number of 

principles and directives to improve the 

nation’s regulatory system. Today’s 

notice meets an Agency’s commitment 

under the EO to solicit public comment 

on issues associated with the retail 

sector (as reported in the EPA’s Final 


tkelley on DSK3SPTVN1PROD with PROPOSALS
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1The Retail Industry Leaders Association also 

submitted comments in the Fall of 2011 that echoed 

Walmart and Home Depot’s concerns. The Docket 

can be found at Regulations.gov. Docket ID: EPA– 

HQ–OA–2011–0156. 

2Memorandum from Suzanne Rudzinski, 

Director, Office of Resource Conservation and 

Recovery to RCRA Division Directors, U.S. EPA 

Regions 1–10, November 4, 2011. 

3 40 CFR 260.10 defines ‘‘generator’’ as ‘‘any 

person, by site, whose act or process produces 

hazardous waste identified or listed in part 261 of 

this chapter or whose act first causes a hazardous 

waste to become subject to regulation.’’ 

Plan for Periodic Retrospective Reviews, 

August 2011). EPA has used and will 

continue to use this EO to guide 

regulatory reviews and related Agency 

activities. 

On March 14, 2011, EPA held a public 

meeting in Arlington, VA to receive 

input on its plan for retrospective 

review. At this meeting, Walmart 

presented several issues it encounters 

when complying with the RCRA 

hazardous waste management 

regulations in their stores. Walmart 

subsequently submitted written 

comments to the EO 13563 regulatory 

review docket. The Home Depot also 

submitted comments to the docket.1

Many of the comments related to the 

retail sector were specific to the unique 

issues faced when managing hazardous 

waste pharmaceuticals. However, other 

retail-related comments were also 

raised, with some of the more important 

comments focusing on episodic 

generation, hazardous waste 

determination, reverse distribution, and 

aerosol can management. 

Commenters also noted, hazardous 

waste generation rates at retail facilities 

can vary depending on product recalls, 

customer returns, expiration dates, 

accidental product spills or breakage, 

seasonality and ‘consumer’ midnight 

dumping in retail parking lots. Varying 

generation rates subject retailers to 

different generator regulations each 

calendar month. Varying generation 

rates present problems for retailers 

when complying with the training 

requirements, accumulation standards, 

recordkeeping, manifesting and other 

hazardous waste regulations. In 

addition, commenters noted making a 

hazardous waste determination is 

difficult for retailers because a single 

retail store can sell hundreds of 

thousands of products. These products 

come from tens of thousands of 

suppliers and manufacturers. In 

addition, EPA understands regulators 

and compliance inspectors also 

encounter difficulties with the retail 

sector for these same reasons. 

Commenters also questioned how the 

common retail process of reverse 

distribution should be regulated under 

RCRA. Reverse distribution is generally 

a process whereby retailers send 

consumer products they are unable to 

sell in their stores back to a central 

processing location where they are 

audited and financial credit for the 

items may be granted by the 

manufacturer. The products are then 

evaluated and a decision is made 

regarding the final disposition of the 

item. Items can be donated, liquidated 

(sold), sent back to a manufacturer, 

recycled or discarded appropriately. 

Specifically commenters asked about 

when the decision is made to discard an 

item, whether the central processing 

location is considered the RCRA 

generator or whether the originating 

retail store should be considered the 

RCRA generator for that item. 

Finally, aerosol cans make up a large 

percentage of the retail sector’s 

hazardous wastestream. Many aerosol 

cans could be recycled as scrap metal or 

have their flammable propellants 

captured for fuel recovery. However, 

retailers manage aerosol cans as 

hazardous waste because the recycling 

activity is not performed at the retail 

facility. Also, it is unclear whether or 

when aerosol cans exhibit the reactivity 

characteristic (D003). Thus, the retail 

sector would like EPA to determine that 

aerosol cans without flammable 

propellants and non- hazardous 

contents are not reactive hazardous 

waste (D003). They would also like EPA 

to determine that the previously 

mentioned recycling exclusions do 

apply to retail facilities when aerosol 

cans are sent for recycling, and all other 

hazardous waste aerosol cans can be 

managed as Universal Wastes. EPA is 

interested in the views of our state and 

tribal partners regarding this issue. 

Based on these comments and the 

issues raised at the public meeting, EPA 

identified improving the effectiveness of 

the hazardous waste policies, guidances 

or regulations for the retail sector as one 

of the 35 priority topics included in the 

‘‘Improving Our Regulations: Final Plan 

for Periodic Retrospective Reviews of 

Existing Regulations.’’ In this plan, EPA 

committed to following up on three 

items: (1) To determine whether to issue 

guidance in the short term concerning 

regulation of certain pharmaceutical 

containers; (2) to review data about 

pharmaceutical products that may 

become wastes and to address issues as 

part of a rulemaking on pharmaceutical 

waste management; and (3) to analyze 

information and identify issues about 

the regulation’s applicability to 

hazardous wastes generated in the retail 

industry, what materials may be 

affected, what the scope of the issues 

are, and what options may exist for 

addressing the issues. 

Since the release of EPA’s plan, EPA 

has made progress in meeting these 

commitments. Specifically: 

• In November 2011, EPA issued a 

memorandum addressing 

pharmaceutical containers, a copy of 

which is included in the docket for this 

NODA.2 This memorandum clarified the 

regulations governing the management 

of containers which held P-listed (acute) 

hazardous waste residues. 

• Based on comments received on 

EPA’s proposed rule regarding the 

regulation of pharmaceutical wastes 

under the Universal Waste Rule (UWR) 

(see 73 FR 75220, December 2, 2008), 

the Agency is developing a proposed 

rule for healthcare facility-specific 

management standards for hazardous 

waste pharmaceuticals. 

• EPA has conducted further outreach 

to stakeholders in the retail community 

to gather additional information 

regarding the hazardous waste issues 

they are facing. EPA has held several 

listening sessions with Advanced Auto 

Parts, Ball Corporation, the Consumer 

Specialty Products Association (CSPA), 

COSTHA, GRR Aerosols, Inc., The 

Home Depot, the National Association 

of Chain Drug Stores (NACDS), RILA, 

Safeway, and Walmart to better 

understand the issues the retail sector 

encounters in complying with the RCRA 

hazardous waste generator regulations.3

EPA representatives also conducted site 

visits at an Advance Auto Parts retail 

store, a Lowe’s retail store, and a 

Walmart retail store, distribution center 

and return center. 

These efforts have led to today’s 

NODA. 

B. Why We Are Publishing This NODA 

This NODA is part of the Agency’s 

continuing effort to better understand 

concerns from all stakeholders about 

RCRA’s applicability to the retail sector, 

what materials may be affected, what 

the full scope of the issues are, and what 

options may exist for addressing the 

issues. 

EPA notes there have been a number 

of enforcement actions and settlements 

involving EPA, the states and the retail 

sector. The RCRA cases have typically 

involved the mismanagement and 

disposal of hazardous consumer 

products and pharmaceuticals that have 

become hazardous waste from retail 

stores. While the states have taken the 

majority of actions against several major 

retail companies, in 2013, EPA and the 

U.S. Department of Justice reached 

agreement with Walmart to resolve 

RCRA, CWA, and FIFRA violations that 

occurred across the country. As part of 


tkelley on DSK3SPTVN1PROD with PROPOSALS
8930 Federal Register / Vol. 79, No. 31 / Friday, February 14, 2014 / Proposed Rules 

4The RCRAInfo database tracks RCRA Subtitle C 

facility-specific data (i.e., events and activities 

related to hazardous waste generators, transporters, 

and treatment storage and disposal facilities), and 

hazardous waste activity reports, known as biennial 

reports, that are submitted by large quantity 

generators and treatment, storage and disposal 

facilities. 

that agreement, Walmart committed to 

the continued development and 

implementation of a comprehensive, 

corporate-wide waste management 

program (which it started in 2006) to 

identify and properly manage all 

hazardous wastes generated throughout 

its retail operations. Specifically, 

Walmart now has suppliers submit 

product information to a third party to 

evaluate product formulations to 

determine a product’s regulatory waste 

status and transportation classification, 

an electronic system that provides every 

employee with waste handling 

information for each product through 

the scanning of the UPC bar code, a 

waste management system that utilizes 

colored buckets to clearly designate 

where certain types of waste are 

accumulated prior to off-site shipment, 

and a reverse logistics system to track 

the disposition of all items going 

through their reverse distribution 

system. Other retail companies have 

started to implement similar programs 

to better manage their wastes. 

In today’s NODA, the EPA will be 

taking comment on several topics that 

were recurring themes in most of the 

retail enforcement actions. These 

recurring topics include where and 

when a hazardous waste determination 

must be made, episodic generation, 

reverse logistics and hazardous waste 

management programs. This list may 

not fully cover the issues facing the 

retail sector, so the EPA has also asked 

for comments on areas we have not 

addressed or new topics that have 

recently arisen and were not seen in 

previous enforcement actions. 

Furthermore, today’s notice (1) 

presents available information that EPA 

has assembled on the universe of retail 

stores and retail facilities, as well as the 

universe of retail hazardous waste 

generators who have obtained EPA 

identification numbers and gives 

stakeholders the opportunity to provide 

comments they may have on this 

information and (2) offers stakeholders 

the opportunity to provide additional 

information they may have about the 

RCRA issues retail stores and retail 

facilities confront regarding the 

generation and management of 

hazardous waste. While EPA has 

already obtained insightful information 

from major retailers through meetings, 

public comments and site visits, EPA 

also recognizes that the retail sector is 

diverse, and would like to ensure that 

all parts of the industry have the 

opportunity to review the information 

that has been provided and share their 

own perspectives about the challenges 

they face. 

EPA would also like to hear from the 

states and tribes on how they regulate 

and interact with the retail sector and 

any particular issues they have seen in 

implementing the regulations, 

determining compliance, etc. For 

example, during the course of EPA’s 

review, states have contacted EPA about 

some issues they have experienced with 

the retail sector. In the summer of 2008, 

the state of Nevada contacted Region 9 

asking for assistance with retail reverse 

logistics. In addition, some states in 

developing settlement agreements with 

retail companies have included the 

provision that retail companies work 

with EPA to promote the development 

of national policy regarding reverse 

logistics and other retail RCRA issues. 

Furthermore, it is important EPA hears 

from the states to understand how any 

new policies, guidance or regulations 

may impact the current state regulatory 

framework to ensure that we do not 

create adverse impacts to a state’s RCRA 

program. We are especially seeking any 

innovative ideas or programs that states 

have tried with this sector. 

The NODA also gives community and 

environmental groups and the public an 

opportunity to comment on RCRA and 

the retail sector. These stakeholders may 

possess valuable information that could 

help EPA in evaluating next steps and 

developing policies, guidances and 

regulations that impact the retail sector. 

The information requested in this 

NODA is intended to help the Agency 

better understand the issues that have 

been identified about the retail sector 

and provide a forum for stakeholders to 

present any additional issues. EPA will 

use this public input to make informed 

decisions about possible next steps to 

improve the RCRA hazardous waste 

policies, guidances or regulations for 

retail operations. 

C. RCRA Hazardous Waste Generator 

Management Regulations 

One of the core questions retail 

commenters raised was at what point in 

their process is a hazardous waste 

generated. Thus in order to provide 

adequate context, in this section, EPA 

provides a very brief explanation of the 

hazardous waste generation regulations. 

Under RCRA, waste generators are the 

first link in the cradle-to-grave 

hazardous waste management system. 

All generators must determine if their 

waste is hazardous at the point of 

generation and must oversee the 

ultimate fate of the waste. In particular, 

the RCRA federal hazardous waste 

regulations require generators to ensure 

and document that the hazardous waste 

they generate is properly identified, 

managed, and treated prior to recycling, 

treatment, storage or disposal. The 

regulations applicable to generators of 

hazardous waste are located in 40 CFR 

part 261 and part 262. The degree of 

regulation to which each generator is 

subject depends to a large extent on how 

much hazardous waste each generator 

generates every calendar month. 

Generator status can range from 

conditionally exempt small quantity 

generators (CESQGs), which are the 

least regulated generators, to large 

quantity generators (LQGs), which are 

the most regulated generators. 

III. Methodology and Data on Which 

EPA Seeks Comment 

A. Data Methodology 

EPA has developed a methodology to 

estimate the number of retail stores that 

generate hazardous waste to better 

understand the universe of facilities that 

may be affected by RCRA compliance 

issues. Using data from EPA’s RCRAInfo 

database 4 and the US Census, we 

examined a number of North American 

Industry Classification System (NAICS) 

codes that apply to the retail industry 

(see below) and made the assumption 

that these NAICS codes represent the 

majority of retailers that generate 

hazardous waste. We ask commenters 

whether this assumption is correct and 

to submit information if they believe 

additional sectors of the retail industry 

that generate hazardous waste are not 

represented by these NAICs codes. 

TABLE 1—NAICS CODES REPRESENTING MAJORITY OF RETAIL HW GENERATORS

NAICS Code Description of NAICS Code 

441 ........................................................... Motor Vehicle and Parts Dealers. 


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5Some CESQGs will also notify and receive a 

RCRA identification number because they are 

episodic SQGs or LQGs, or they manifest their 

hazardous wastes off-site (a hazardous waste 

manifest requires the use of a RCRA identification 

number). 

TABLE 1—NAICS CODES REPRESENTING MAJORITY OF RETAIL HW GENERATORS—Continued 

NAICS Code Description of NAICS Code 

442 ........................................................... Furniture and Home Furnishings Stores. 

443 ........................................................... Electronics and Appliance Stores. 

444 ........................................................... Building Material and Garden Equipment and Supplies Dealers. 

445 ........................................................... Food and Beverage Stores. 

446 ........................................................... Health and Personal Care Stores. 

447 ........................................................... Gasoline Stations. 

448 ........................................................... Clothing and Clothing Accessories Stores. 

451 ........................................................... Sporting Goods, Hobby, Book, and Music Stores. 

452 ........................................................... General Merchandise Stores. 

453 ........................................................... Miscellaneous Store Retailers. 

454 ........................................................... Nonstore Retailers. 

722 ........................................................... Food Services and Drinking Places. 

Using 2007 US Census data, we 

calculated the total number of facilities 

that operate under each of these retail 

NAICS codes. We then used EPA’s 

RCRAInfo database to identify facilities 

that had notified or otherwise reported 

as hazardous waste generators in these 

NAICS codes. Facilities that generate 

greater than 100 kilograms of hazardous 

waste per month—small quantity 

generators (SQGs) or 1,000 kilograms of 

hazardous waste per month or 1 kg of 

acute hazardous waste per month—large 

quantity generators (LQGs) are required 

to notify EPA or their authorized state 

in order to obtain a unique RCRA 

identification number. Some states also 

require conditionally exempt small 

quantity generators (CESQGs) to notify 

and receive a RCRA identification 

number.5

From the RCRAInfo database, we 

estimated the number of LQGs, SQGs, 

and CESQGs that had notified or 

reported under one of the primary 

NAICS code listed above. Then for each 

NAICS code, we calculated the percent 

of the total facilities that had notified or 

reported as a hazardous waste generator 

represented by each generator category 

(LQG, SQG, CESQG). For example, for 

NAICS code 441, Motor Vehicle and 

Parts Dealers, the RCRAInfo database 

indicates the total number of hazardous 

waste generators is 7,846 of which 0.9% 

are LQGs, 31.8% are SQGs, and 67.3% 

are CESQGs, respectively. We then 

totaled the data for all the NAICS codes 

to get total estimates for the retail 

universe. See Table 2. 

The number of retail facilities 

identified in the RCRAInfo database is 

a subset of the total universe of 

hazardous waste generating facilities in 

the retail sector since not all retailers 

will generate an amount of hazardous 

waste each month sufficient to require 

RCRA notification. Furthermore, we 

believe the estimate of retail sector 

hazardous waste generators from the 

RCRAInfo database to be extremely low 

because it is likely that many retail 

stores and facilities are CESQGs who, in 

most states, do not have to notify EPA 

or the authorized state to obtain a RCRA 

identification number and thus are not 

in the system. In addition, we believe 

some portion of the retail universe may 

not be aware they have generated 

hazardous waste and therefore, have not 

notified. For all these reasons, we 

believe the number of retailers in the 

RCRAInfo database underestimates the 

retail sector hazardous waste generator 

universe. We also believe that the 

calculated portions of the total retail 

hazardous waste generator universe that 

are SQGs and CESQGs are also likely 

underestimated. This is because the 

RCRAInfo database for these categories 

is limited by the level of detail in EPA’s 

Biennial Report (BR) since the BR is 

mandatory only for LQGs. 

Following the results of the above 

analysis, we then used the 2009 BR to 

identify the different types and 

quantities of hazardous waste generated 

by LQGs for each retail NAICS code. We 

then created a spread sheet that totaled 

the quantity of hazardous waste 

generated by each hazardous waste code 

across all retail NAICS codes, as well as 

the total amount of hazardous waste 

generated for each NAICS code. 

We request comment on the 

methodology described above. We also 

request that commenters submit any 

additional procedures, information, or 

data that may be used to better 

characterize the universe of retail 

facilities and their hazardous waste 

generator categories. 

B. Data Available on the Universe of 

Retail Stores and Retail Facilities and 

the Amount of Hazardous Waste 

Generated by These Facilities 

Table 2 provides an estimate for the 

retail sector universe of hazardous waste 

generator facilities and estimates the 

percentages in each generator category 

(LQG, SQG, and CESQG). Specifically, 

Table 2 indicates the total universe of 

retail sector facilities (41,138) that have 

notified EPA or an authorized state they 

generate hazardous waste. Of this total, 

about 95 percent are identified as SQGs 

and CESQGs. Table 3 displays the total 

tons of hazardous waste generated by 

LQGs in the retail sector in 2009 by 

NAICS code. As discussed above, EPA 

recognizes these estimates have a 

number of limitations and therefore 

involve a great deal of uncertainty. EPA 

asks commenters to provide any 

relevant information that could be used 

to improve our estimates of the number 

of retailers, the number of retailers that 

generate hazardous waste, and the 

distribution of LQGs, SQGs, and 

CESQGs within this universe, as well as 

the total quantity of hazardous waste 

generated by the retail sector. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
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6 2007 Economic Census EC0700CADV1: All 

sectors: Core Business Statistics Series: Advance 

Summary Statistics for the United States (2007 

NAICS Basis): 2007. 7Statistics of U.S. Business: 2007 U.S.-Retail 

Trade NAICS 44. www.census.gov/epcd/susb/2007/ 

us/US44.HTM. 8Waste totals obtained from the 2009 Biennial 

Report. 

TABLE 2—COMPARISON OF RETAIL CENSUS DATA AND NUMBER OF RETAIL FACILITIES IN RCRAINFO DATABASE BY

GENERATOR STATUS

NAICS 

Code NAICS Code description 

Total 

number of 

facilities 

according to 

U.S. 

Census 

2007 6

Total 

number of 

firms 

according to 

U.S. 

Census 

2007 7

Total 

number of 

facilities in 

RCRAInfo 

with a 

generator 

status 

Number 

of LQGs 

LQG % of 

facilities in 

RCRAInfo 

with a 

generator 

status 

Number 

of SQGs 

SQG % of 

facilities in 

RCRAInfo 

with a 

generator 

status 

Number 

of 

CESQGs 

CESQG % 

of facilities 

in RCRAInfo 

with a 

generator 

status 

441 ........... Motor Vehicle and Parts 

Dealers.

125,895 94,291 7,846 73 0.9 2,492 31.8 5,281 67.3 

442 ........... Furniture and Home Furnishings Stores.65,319 46,532 388 3 0.8 31 8.0 354 91.2 

443 ........... Electronics and Appliance Stores.50,041 30,657 135 4 3.0 48 35.6 83 61.5 

444 ........... Building Material and 

Garden Equipment 

and Supplies Dealers.

90,443 62,011 4,066 69 1.7 2,282 56.1 1,715 42.2 

445 ........... Food and Beverage 

Stores.

146,951 116,280 1,901 141 7.4 223 11.7 1,537 80.9 

446 ........... Health and Personal 

Care Stores.

87,311 43,864 8,074 225 2.8 3,805 47.1 4,044 50.1 

447 ........... Gasoline Stations ........... 117,014 66,431 8,941 411 4.6 2,828 31.6 5,702 63.8 

448 ........... Clothing and Clothing 

Accessories Stores.

154,935 67,035 135 3 2.2 28 20.7 104 77.0 

451 ........... Sporting Goods, Hobby, 

Book, and Music 

Stores.

57,197 41,057 146 1 0.7 45 30.8 100 68.5 

452 ........... General Merchandise 

Stores.

46,065 10,460 8,544 914 10.7 4770 55.8 2,860 33.5 

453 ........... Miscellaneous Store Retailers.120,260 97,730 417 26 6.2 105 25.2 286 68.6 

454 ........... Nonstore Retailers ......... 61,272 40,168 310 17 5.5 96 31.0 197 63.5 

722 ........... Food Services and 

Drinking Places.

563,784 423,999 235 6 2.6 21 8.9 208 88.5 

Totals 1,686,487 1,140,515 41,138 1,893 4.6 16,774 40.8 22,471 54.6 

TABLE 3—TONS OF HAZARDOUS WASTE GENERATED BY LQGS IN 2009 BY NAICS CODE

NAICS Code Description of NAICS Code 

Amount of 

waste 

generated 

in tons 8

441 ............................................................ Motor Vehicle and Parts Dealers ................................................................................. 83 

442 ............................................................ Furniture and Home Furnishings Stores ...................................................................... 0 

443 ............................................................ Electronics and Appliance Stores ................................................................................ 0 

444 ............................................................ Building Material and Garden Equipment and Supplies Dealers ................................ 530 

445 ............................................................ Food and Beverage Stores .......................................................................................... 41 

446 ............................................................ Health and Personal Care Stores ................................................................................ 268 

447 ............................................................ Gasoline Stations ......................................................................................................... 1,187 

448 ............................................................ Clothing and Clothing Accessories Stores .................................................................. 10 

451 ............................................................ Sporting Goods, Hobby, Book, and Music Stores ....................................................... 4 

452 ............................................................ General Merchandise Stores ....................................................................................... 608 

453 ............................................................ Miscellaneous Store Retailers ..................................................................................... 90 

454 ............................................................ Nonstore Retailers ....................................................................................................... 29,601 

722 ............................................................ Food Services and Drinking Places ............................................................................. 0 

Total ................................................... ....................................................................................................................................... 32,422 

IV. Additional Information That EPA 

Seeks From Commenters 

EPA is continuing its effort to seek 

additional information about retail 

stores and facilities and their operations 

in order to better understand what 

RCRA compliance challenges they face. 

This information will assist EPA in 

determining associated issues and 

identifying options that may exist to 

address these issues. The information 

EPA seeks falls into nine categories: (A) 

Suggestions for improving the RCRA 

hazardous waste policies, guidances and 

regulations for retail operations; (B) 

information about the retail universe 

and the hazardous waste generated; (C) 

information about episodic generation; 

(D) information about retail stores’ 

programs for handling hazardous waste; 

(E) information about hazardous waste 

training for employees; (F) information 

about aerosol cans; (G) information 

about transportation and reverse 

logistics; (H) information about reverse 

logistic centers; and (I) information 

about sustainability efforts undertaken 

by retail facilities. 

Following each section, we have 

included a list of suggested questions as 

a helpful guide for your consideration in 

preparing your comments. EPA provides 

these questions simply to guide the type 

of comments we would find useful for 


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9The following wastes are Universal Waste under 

the federal RCRA program: batteries, pesticides, 

mercury-containing equipment, and lamps. 

this inquiry. We encourage commenters 

to submit any information that they 

believe would assist EPA in making the 

RCRA program more effective in the 

retail sector. EPA will consider all 

comments we receive related to the nine 

categories of information described 

above regardless of whether they 

address all, some or none of these 

specific questions. If you choose to 

provide facility-specific data, it would 

be useful to provide the name and 

location (city and state) and the 

hazardous waste generator category of 

the facility (LQG, SQG, CESQG, or other 

category as designated by state 

regulations) where possible. 

A. Suggestions for Improving the RCRA 

Hazardous Waste Management Policies, 

Guidances and Regulations for Retail 

Operations 

The suggested questions below 

provide a chance for all commenters to 

provide input on where they see 

possibilities to improve the RCRA 

hazardous waste policies, guidances or 

regulations. Commenters, however, 

should feel free to provide whatever 

pertinent information that would be 

useful to EPA as we review the 

hazardous waste program policies, 

guidances and regulations. 

Suggested Questions to Consider for 

Comment Submission: 

(1) What regulatory changes do you 

recommend that would help ensure 

hazardous waste generated by the retail 

sector is managed in a way that protects 

human health and the environment, 

while providing a regulatory framework 

that works with how retail facilities 

currently operate? 

(2) Do any states or tribes have RCRA 

policies, guidances or regulations for 

retail operations? If so, could you 

describe them or submit copies of them, 

as well as any evaluation of or 

information on their effectiveness? 

(3) Do states find common issues at 

retail facilities? If so, were you able to 

alleviate these issues or are there 

roadblocks preventing you from fixing 

the problems? 

(4) Do you have any information 

which suggests there was or may have 

been any disproportional impacts on 

communities due to the retail sector’s 

handling of hazardous waste? 

(5) Do certain hazardous wastes 

generated by retailers pose less risk to 

human health and the environment than 

others? Which ones and why are the 

hazards less (e.g., explain how these 

hazardous wastes handled in a specific 

way reduce the possibility of release to 

the environment, or how the character 

or composition ensure that exposure 

cannot occur)? 

(6) Are there ways, either through 

guidance or regulatory changes that EPA 

could encourage safe recycling, or reuse 

of hazardous wastes generated by the 

retail sector? 

B. Information About the Retail 

Universe and the Hazardous Waste 

Generated 

To better understand the scope of the 

issues, we request commenters provide 

additional data to aid in defining the 

universe of retail facilities that generate 

hazardous wastes. If possible, data 

should be categorized by NAICS codes, 

which describe the primary business 

activity performed by a facility. Please 

provide information regarding the 

number of retail facilities generating 

hazardous waste. In addition, EPA 

would like to better understand the 

operations of retail facilities, and the 

types and quantities of hazardous waste 

generated. Specifically, we are seeking 

information about the types of 

operations and activities that generate 

hazardous waste and the associated 

types and quantities. For example, it 

will be very useful to know generally 

how much of a retail store’s waste 

qualifies as hazardous waste. Also, 

understanding situations, such as upset 

conditions like product recalls or 

customer returns will be helpful to EPA 

to better understand the activities that 

generate hazardous waste in the retail 

sector and the challenges in adhering to 

the existing RCRA hazardous waste 

regulations. 

Suggested Questions to Consider for 

Comment Submission: 

(1) How many retail stores or retail 

facilities do you operate or regulate or 

oversee? 

(2) Can you estimate the distribution 

of your retail stores by RCRA regulatory 

status; e.g., CESQG, SQG, LQG? 

(3) How many different types of 

products carried or handled by your 

retail store do you estimate to be 

hazardous waste under RCRA (40 CFR 

261.3) when discarded? Describe the 

types of products and volumes 

generated monthly. 

(4) For the activities and operations 

that generate hazardous waste in the 

retail setting (e.g., spills, product 

maintenance or other services, customer 

returns, product recalls, seasonal 

changes of product, manufacturerdirected changes of product, or facility 

operations and maintenance), identify 

the major RCRA hazardous waste 

streams generated, the types of hazards 

presented, RCRA waste codes for these 

hazardous wastes (if readily available), 

and the quantities generated. 

(5) Do your retail stores have written 

procedures for handling hazardous 

waste spills? On average, how many 

spills of hazardous waste occur 

monthly? 

(6) Do retail stores generate any 

wastes that qualify as universal wastes 

in 40 CFR 273? 9 If so, is that waste 

handled under the full hazardous waste 

regulations or under the universal waste 

regulations? Describe the types of 

products and volumes generated 

monthly. Are there ways EPA could 

help the retail sector utilize the U.W. 

program? 

(7) How do your retail stores generate 

and handle recalls that may potentially 

become hazardous waste? 

(8) For manufacturer-directed changes 

of product, how are the unused 

products managed? Who determines 

how these unused products are 

managed? 

(9) How do you handle customer 

returns that may become hazardous 

waste? 

(10) If you have pharmaceuticals, 

what percentage of your monthly 

hazardous waste and/or monthly acute 

hazardous waste quantities are 

pharmaceuticals? 

(11) If you have pesticides, what 

percentage of your monthly hazardous 

waste and/or monthly acute hazardous 

waste quantities are pesticides? 

C. Information About Episodic 

Generation 

EPA regulations require hazardous 

waste generators to count the amount of 

hazardous waste generated each 

calendar month to determine their 

regulatory status and to manage that 

waste based on the regulations 

associated with that monthly generator 

status. EPA understands that retail 

facilities’ regulatory status can 

periodically change as a result of certain 

unusual episodic events, such as a recall 

or seasonal merchandise changes. EPA 

would like to better understand the 

ramifications of the hazardous waste 

regulations in the context of episodic 

generation for both the retail sector and 

the State regulators by posing the 

following suggested questions. 

Suggested Questions to Consider for 

Comment Submission: 

(1) In the course of a calendar year, 

how often, on average, does a retail 

store’s quantity of hazardous waste 

change, resulting in a change to the 

retail stores regulatory status from a 

CESQG to a SQG or an LQG or an SQG 

to an LQG? 

(2) When the regulatory status of a 

store changes, what are the reasons most 


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often precipitating this change? More 

specifically, to what extent are changes 

due to recalls, spills, expired products, 

returns by customers, or other reasons? 

Does any one reason stand out? 

(3) How do you currently address 

changes in a store’s regulatory status? 

For example, do you factor in the 

possibility of a more stringent regulatory 

status and comply with the more 

stringent regulations throughout the 

year? Do you comply based on the 

regulatory status for the month(s) in 

question? Do you work with your state 

to address situations when episodic 

generation occurs? If so, how? Do you 

rely on a service provider to ensure 

compliance with hazardous waste laws, 

including generator status? 

(4) Do you have any suggestions as to 

how EPA could modify its rules to 

account for periodic changes in 

generator status? Please address scope 

(planned or unplanned), frequency of 

episodic events that should be allowed 

over a calendar year without impacting 

a generator’s regulatory status, on-site 

and off-site provisions, such as 

notification, time to remove materials 

from the facility and ship them for 

recycling or to a RCRA permitted 

treatment, storage and disposal facility 

(TSDF), etc. 

(5) Does your state have a specific 

policy for dealing with episodic 

generation? Have you seen any impacts 

(e.g., spills or other releases) from such 

episodes? 

D. Information About Retail Stores’ 

Hazardous Waste Programs 

The retail sector is extremely diverse 

in terms of products sold and store size; 

therefore corporations may have 

developed specific methods to manage 

their hazardous waste generation. We 

request commenters provide data that 

helps characterize how hazardous 

wastes are currently being managed at 

retail establishments. More specifically, 

EPA would like to better understand the 

process or standard operating 

procedures facility personnel use to 

determine whether their retail products 

or other wastes are hazardous waste and 

how hazardous wastes are handled 

before being shipped off-site, or 

managed on-site by posing the following 

suggested questions. 

Suggested Questions to Consider for 

Comment Submission: 

(1) What amount of hazardous waste 

do you generate in your store(s)? 

Monthly? Yearly? Please provide this 

data in pounds, if possible. 

(2) Describe what procedures you 

have in place to classify which products 

or other wastes would be hazardous 

wastes upon discard. For example, to 

the extent applicable, please include 

information on color coding products, 

computer based systems, third party 

services, or information from suppliers 

or manufacturers that assist you in 

making a hazardous waste 

determination. 

(3) How and where do you 

accumulate your hazardous waste at 

your facility? Do you have written 

procedures in place for hazardous waste 

management? 

(4) How frequently do you send your 

hazardous wastes off-site, if applicable, 

for management or disposal? Where do 

you send your hazardous waste (e.g., a 

RCRA hazardous waste facility, a 

municipal solid waste facility, or a 

hazardous waste recycler)? 

(5) Does your facility have any 

specific requirements for management 

of hazardous wastes on-site (e.g., 

secondary containment)? 

E. Information About Hazardous Waste 

Employee Training 

Employee training conditions for 

hazardous waste generators vary 

depending on whether the facility is a 

CESQG, an SQG, or an LQG. CESQGs 

are not required to provide personnel 

training, while SQGs have basic 

provisions and LQGs have more 

prescriptive provisions. Retail 

operations may have difficulty training 

their staff due to the relatively high 

levels of turnover and part time and 

seasonal employees. EPA notes that 

only those employees handling 

hazardous waste must be trained. 

Therefore, EPA seeks answers to the 

following suggested questions. 

Suggested Questions to Consider for 

Comment Submission: 

(1) What is the average number of 

employees per retail store or facility? 

(2) How many temporary/seasonal 

employees on average do individual 

retail stores hire each year? 

(3) Do all employees receive RCRA 

hazardous waste training, or just 

permanent employees or employees 

who handle products or other wastes 

that could be hazardous wastes upon 

discard? 

(4) What types of hazardous waste 

management training do your 

employees receive, if any? 

(5) How many hours of employee 

training on hazardous waste issues are 

required in your retail stores? 

(6) What is the average cost per 

employee of providing hazardous waste 

training to your work force annually? 

(7) Are any employees trained to 

handle hazardous waste releases or does 

the retail store utilize a third party 

service for cleanup efforts? 

F. Information About Aerosol Cans 

EPA understands the retail sector 

generates large quantities of aerosol cans 

that are discarded. It has been suggested 

by some members of the retail sector 

that waste aerosol cans can be grouped 

into four categories: (1) Aerosol cans 

that contain non-hazardous propellant 

and the remaining can contents are nonhazardous (either by listing or 

characteristic); (2) aerosol cans that 

contain propellants that are traditional 

ignitable fuel sources such as propane 

or butane, but the remaining contents 

are non-hazardous (either by listing or 

characteristic); (3) aerosol cans that 

contain propellants that are traditional 

ignitable fuel sources such as propane 

or butane, and the remaining contents 

are also hazardous (either by listing or 

characteristic); and (4) aerosol cans that 

contain ignitable hazardous propellants 

that are not traditional fuel sources, and 

the remaining contents may or may not 

be hazardous (either by listing or 

characteristic). EPA would like to gain 

a better understanding of the aerosol can 

wastestream to determine if any action 

should be taken to aid in the 

management of aerosol cans that are 

discarded. Therefore, EPA seeks 

answers to the following suggested 

questions. 

Suggested Questions to Consider for 

Comment Submission: 

(1) How many waste aerosol cans does 

a retail store generate monthly on 

average? How many does your entire 

company average monthly? 

(2) In which categories (from above) 

do your waste aerosol cans belong or do 

they fall under another category? How 

many waste aerosol cans do you 

generate in each category? 

(3) How do you manage your aerosol 

cans? Are they recycled? Are they 

disposed? 

If your store is in California or 

Colorado, do you handle your waste 

aerosol cans as Universal Waste? 

(4) What percentage do the waste 

aerosol cans constitute in your total 

hazardous wastestream? 

(5) What packaging and shipping 

methods are used to transport aerosol 

cans from retail stores? 

(6) Have you ever experienced 

problems shipping aerosol cans? How 

often do you receive aerosol cans that 

have been damaged in transportation? 

(e.g., Did the aerosol can burst from 

heat? Did a pallet fall over damaging the 

aerosol can?) 

(7) Has your State developed any 

specific approach, whether through 

guidance or regulation for aerosol cans? 


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G. Information About Transportation 

and Reverse Logistics 

In previous meetings with the retail 

sector, participants asked if EPA could 

harmonize EPA’s hazardous waste 

regulations with DOT’s hazardous 

material regulations. To evaluate if there 

maybe viable options for harmonization, 

we would like to obtain additional 

information about retail shipping 

practices (in particular reverse logistics) 

and how the point of generation of 

hazardous waste (i.e., when and where 

the hazardous waste is first generated) 

affects shipping. Therefore, EPA seeks 

answers to the following suggested 

questions. 

Suggested Questions to Consider for 

Comment Submission: 

(1) What safeguards do you use to 

ship retail items through reverse 

logistics to ensure minimal damage? 

(2) Are the shipping and packaging 

procedures you use for sending retail 

items through reverse logistics the same 

as the packaging and shipping 

procedures for products coming into the 

retail store? If not, how do they differ? 

(3) Of the items sent through reverse 

logistics, how many are sent in DOT 

Classes 1–8, and approximately how 

many or what percentage are in each 

Class? 

(4) What methods do you use to track 

the shipments and what information 

about the shipments is tracked (e.g., 

amount of shampoo, brand of shampoo, 

sku-numbers, etc.)? 

(5) Does your state have specific 

tracking and reporting regulations for 

reverse logistics? 

H. Information About Reverse Logistic 

Centers 

Industry representatives have told us 

that reverse logistic centers (RLCs) are 

critical in maintaining an efficient 

reverse logistics system for the retail 

industry. RLCs can consolidate large 

quantities of goods from all the stores in 

a region, which then allows companies 

to resell, recycle, donate or dispose of 

these items more efficiently due to 

economies of scale. Industry 

representatives have suggested that 

sending all of their non-damaged/nonleaking products to an RLC could 

increase recycling, donation and 

reselling due to larger quantities at one 

location. To learn more, EPA seeks 

answers to the following suggested 

questions. 

Suggested Questions to Consider for 

Comment Submission: 

(1) How many reverse logistic centers 

do your company own and operate? If 

you do not own your own RLC, do you 

use a third party RLC and how do they 

operate these centers? Does that third 

party RLC manage multiple companies’ 

retail products at the same RLC? 

Specific issues on which EPA is 

soliciting comment are: Point of 

generation, tracking multiple companies 

waste at one center, and waste 

management. 

(2) How many retail stores are 

serviced by the RLC and what is the 

average distance from a retail store to 

the RLC? 

(3) What is the regulatory status of the 

RLC? How many are CESQGs vs. SQGs 

vs. LQGs? 

(4) Do you receive credit for your 

returned retail products? Who gives you 

the credit and what is the process for 

receiving credit (e.g., receive credit as a 

manufacturer discount when purchasing 

the product)? What is the annual value 

of credit that you receive? 

(5) What process and procedures does 

the RLC use to determine if material 

will be sold, donated, recycled, or 

disposed? On average what types of 

products and volumes are recycled, 

disposed, and donated annually? 

(6) To whom do you donate? Are 

there certain procedures you take before 

donating? Are there certain products 

you will not donate? Do the existing 

RCRA hazardous waste rules present 

barriers to donating products? If so, 

what are they? Has your state adopted 

policies or regulations to make it easier 

for your retail facility to donate 

products? 

(7) Do your supplier contracts specify 

that items not sellable in the store must 

be disposed? If so, is it all contracts or 

can you estimate, what percentage 

contain this stipulation? 

I. Information About Sustainability 

Efforts Undertaken by Retail Facilities 

EPA’s programs intend to promote 

and facilitate sustainability through 

sustainable materials management 

initiatives that seek to minimize impacts 

across the entire material lifecycle, from 

raw material extraction to waste 

management strategies, such as 

recycling and reuse, as well as through 

labeling green products and promoting 

green chemistry and engineering 

practices. (http://www.epa.gov/

sustainability/) Retail industry 

representatives have suggested some 

concerns about re-using materials 

containing hazardous wastes and that 

the hazardous waste regulations may 

impede certain sustainability efforts. To 

better understand these issues, EPA 

seeks answers to the following 

suggested questions. 

Suggested Questions to Consider for 

Comment Submission: 

(1) What material reuse issues have 

you encountered? 

(2) What changes to the hazardous 

waste generator policies, guidances or 

regulations might allow you to increase 

your company’s sustainability efforts? 

(3) Do your retail stores collect 

batteries or mercury lamps for 

recycling? Do your retail stores collect 

any other hazardous wastes from 

customers? 

(4) Do your retail stores operate 

collection or buyback programs for 

electronics? If so, what mechanism is 

used for the collection or buyback 

program? Are there regulatory barriers 

to your retail facility collecting or 

participating in electronic take-back 

programs? 

(5) To what extent do you work with 

your suppliers to identify products that 

are classified as hazardous waste upon 

discard? Please provide examples. 

(6) To what extent do you work with 

your suppliers to identify products that 

are classified as hazardous waste or 

initiate changes to feedstocks or 

manufacturing processes resulting in 

products that are not a hazardous waste 

upon discard or are reduced in volume 

or toxicity? Please provide examples. 

Dated: February 4, 2014. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

[FR Doc. 2014–02930 Filed 2–13–14; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[WC Docket No 13–39; Report No. 2997] 

Petitions for Reconsideration of Action 

in Rulemaking Proceeding 

AGENCY: Federal Communications 

Commission. 

ACTION: Petition for reconsideration. 

SUMMARY: In this document, Petitions 

for Reconsideration (Petitions) have 

been filed in the Commission’s 

Rulemaking proceeding by W. Scott 

McCollugh, on behalf of Transcom 

Enhanced Services, Inc.; Mary C. Albert 

on behalf of Comptel; David L. Nace, on 

behalf of Carolina West Wireless, Inc.; 

Charles W. McKee, on behalf of Sprint 

Corporation; David Cohen, on behalf of 

United States Telecom Association; and 

Genevieve Morelli, on behalf of the 

Independent Telephone & 

Telecommunications Alliance. 

DATES: Oppositions to the Petitions 

must be filed on or before March 3, 


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