Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Rules and Regulations 12989 

This technical correction is not 

subject to Executive Order 13211, 

Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) because this action is not a 

significant regulatory action under 

Executive Order 12866. 

This technical correction does not 

involve changes to the technical 

standards related to test methods or 

monitoring requirements; thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272) do not apply. 

This technical correction also does 

not involve special consideration of 

environmental justice-related issues as 

required by Executive Order 12898, 

Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

The Congressional Review Act (CRA), 

5 U.S.C. 801 et seq., as added by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA), 

generally provides that before a rule 

may take effect, the Agency 

promulgating the rule must submit a 

rule report, which includes a copy of 

the rule, to each House of the Congress 

and to the Comptroller General of the 

U.S. Section 808 allows the issuing 

Agency to make a rule effective sooner 

than otherwise provided by the CRA if 

the Agency makes a good cause finding 

that notice and public procedure is 

impracticable, unnecessary, or contrary 

to the public interest. This 

determination must be supported by a 

brief statement. 5 U.S.C. 808(2). As 

stated previously, we have determined 

that there is good cause for making this 

technical correction final without prior 

proposal and opportunity for comment 

because only simple typographical 

errors are being corrected that do not 

substantially change the Agency actions 

taken in the final rule. Thus, notice and 

public procedure are unnecessary. EPA 

has therefore established an effective 

date of April 19, 2010. The EPA will 

submit a report containing this final 

action and other required information to 

the U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the U.S. prior to publication 

of this action in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). The final 

rule will be effective April 19, 2010. 

List of Subjects in 40 CFR Part 63 

Environmental protection, Air 

pollution control, Hazardous 

substances, Incorporation by reference, 

Reporting and recordkeeping 

requirements. 

Dated: March 11, 2010. 

Gina McCarthy, 

Assistant Administrator, Office of Air and 

Radiation. 

■ For the reasons stated in the preamble, 

title 40, chapter I, part 63 of the Code 

of Federal Regulations is amended as 

follows: 

PART 63—[AMENDED] 

■ 1. The authority citation for part 63 

continues to read as follows: 

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

Subpart AAAAAAA-—[Amended] 

§ 63.11563 [Amended] 

■ 2. Section 63.11563 is amended by 

redesignating paragraphs (l), (m) and (n) 

to become paragraphs (g), (h), and (i), 

respectively. 

■ 3. Section 63.11564 is amended by 

revising paragraphs (c)(8) and (c)(9) to 

read as follows: 

§ 63.11564 What are my notification, 

recordkeeping, and reporting 

requirements? 

* * * * * 

(c) * * * 

(8) A copy of the site-specific 

monitoring plan required under 

§ 63.11563(b) or (g). 

(9) A copy of the approved alternative 

monitoring plan required under 

§ 63.11563(h), if applicable. 

* * * * * 

[FR Doc. 2010–5964 Filed 3–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

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

265, 266, 268 and 270 

[EPA–RCRA–2008–0678; FRL–9127–9] 

RIN 2050–AG52 

Hazardous Waste Technical 

Corrections and Clarifications Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or the Agency) is taking 

Direct Final action on a number of 

technical changes that correct or clarify 

several parts of the Resource 

Conservation and Recovery Act (RCRA) 

hazardous waste regulations that relate 

to hazardous waste identification, 

manifesting, the hazardous waste 

generator requirements, standards for 

owners and operators of hazardous 

waste treatment, storage and disposal 

facilities, standards for the management 

of specific types of hazardous waste and 

specific types of hazardous waste 

management facilities, the land disposal 

restrictions program, and the hazardous 

waste permit program. These changes 

correct existing errors in the hazardous 

waste regulations that have occurred 

over time in numerous final rules 

published in the Federal Register, such 

as typographical errors, incorrect or 

outdated citations, and omissions. Some 

of the corrections are necessary to make 

conforming changes to all appropriate 

parts of the RCRA hazardous waste 

regulations for new rules that have since 

been promulgated. In addition, these 

changes clarify existing parts of the 

hazardous waste regulatory program and 

update references to Department of 

Transportation (DOT) regulations that 

have changed since the publication of 

various RCRA hazardous waste final 

rules. 

DATES: This Direct Final Rule is 

effective on June 16, 2010 without 

further notice unless EPA receives 

adverse comments by May 3, 2010. If 

adverse comment is received, EPA will 

publish a timely withdrawal of the 

Direct Final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. No. EPA– 

HQ–RCRA–2008–0678 by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: rcra-docket@epa.gov and 

oleary.jim@epa.gov. Attention Docket ID 

No. EPA–HQ–RCRA–2008–0678. 

• Fax: (202) 566–9744. Attention 

Docket ID No. EPA–HQ–RCRA–2008– 

0678. 

• Mail: RCRA Docket (2822T), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460. Attention 

Docket ID No. EPA–HQ–RCRA–2008– 

0678. Please include a total of 2 copies. 

• Hand Delivery: EPA West Building, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–RCRA–2008– 

0678. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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12990 Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Rules and Regulations 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

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

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

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

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

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

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the HQ–Docket Center, Docket ID No. 

EPA–HQ–RCRA–2008–0678, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The Public 

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

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

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the RCRA Docket is (202) 

566–0270. A reasonable fee may be 

charged for copying docket materials. 

FOR FURTHER INFORMATION CONTACT: For 

more information on this rulemaking, 

contact Jim O’Leary, U.S. Environmental 

Protection Agency, Office of Resource 

Conservation and Recovery (MC:5304P), 

1200 Pennsylvania Avenue, NW., 

Washington, DC 20460, Phone: (703) 

308–8827; or e-mail: 

oleary.jim@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Why Is EPA Using a Direct Final 

Rule? 

EPA is publishing this rule without 

prior proposal because we view this as 

a non-controversial action and 

anticipate no adverse comment. 

However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register 

publication, we are publishing a 

separate document that will serve as the 

proposed rule to adopt the provisions in 

this Direct Final rule if adverse 

comments are filed. We will not 

institute a second comment period on 

this action. Any parties interested in 

commenting must do so at this time. For 

further information about commenting 

on this rule, see the ADDRESSES section 

of this document. 

If we receive adverse comment on any 

individual correction, we will publish a 

timely withdrawal in the Federal 

Register to notify the public about a 

specific paragraph or amendment in the 

Direct Final rule that will not take 

effect. 

II. Does This Action Apply to Me? 

Entities potentially affected by this 

action include facilities subject to the 

RCRA hazardous waste regulations and 

States implementing the RCRA 

hazardous waste regulations. 

III. What Should I Consider as I 

Prepare My Comments for EPA? 

1. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The Agency 

may ask you to respond to specific 

questions or organize comments by 

referencing a Code of Federal 

Regulations (CFR) part or section 

number. 

• Explain why you disagree, suggest 

alternatives, and substitute language for 

your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

IV. Acronyms 

Acronym Definition 

CFR ......... United States Code of Federal 

Regulations. 

EPA ......... United States Environmental 

Protection Agency. 

HSWA ...... Hazardous and Solid Waste 

Amendments. 

OMB ........ Office of Management and 

Budget. 

RCRA ...... Resource Conservation and Recovery Act. 

U.S.C. ...... United States Code. 

V. Preamble 

A. What Is the Legal Authority for This 

Direct Final Rule? 

This rule is authorized under Sections 

1004, 3001, 3002, 3003, 3004 and 3005 

of the Resource Conservation and 

Recovery Act of 1976, as amended, 42 

U.S.C. 6903, 6921–6925. 

B. Why Are We Amending Various 

Sections of Parts 260–266, 268 and 270? 

In the process of publishing numerous 

final rules in the Federal Register, 

typographical errors, incorrect or 

outdated citations, and omissions have 

occurred. Similarly, the Agency has 

sometimes failed to make conforming 

changes to all appropriate parts of the 

RCRA hazardous waste regulations 

when new rules were promulgated. 

These inadvertent errors and oversights 

have sometimes resulted in confusion 

and inefficiency on the part of the 

regulated community and Federal and 

State regulators implementing the 

hazardous waste regulatory program. 

This rule addresses these problems by 

correcting the RCRA hazardous waste 

management regulations—specifically 

the general requirements under 40 CFR 

part 260, the hazardous waste 

identification requirements under 40 

CFR part 261, the manifesting and 

hazardous waste generator requirements 

under 40 CFR part 262, the hazardous 

waste transporter requirements under 40 

CFR part 263, the related manifesting 

and emergency preparedness 

requirements under 40 CFR parts 264 

and 265, the requirements for recycling 

of hazardous wastes in a manner 

constituting disposal under 40 CFR part 

266, the land disposal restrictions 

requirements under 40 part 268, and the 

hazardous waste permit program 

requirements under 40 CFR part 270. 

Several re-designation and format 

corrections are also included for several 

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paragraphs in the permitting and 

interim status requirements under 40 

CFR parts 264 and 265. 

However, unlike most of the technical 

corrections and clarifications in today’s 

rule, the changes associated with the 

hazardous waste manifest regulations 

are closely interrelated, and involve 

changes to several sections and 

paragraphs in 40 CFR parts 262, 264 and 

265. Therefore, in the interest of clarity, 

we describe all of the changes 

associated with the hazardous waste 

manifest in Section V.C.10. 

When the 40 CFR part 267 standards 

for owners and operators of hazardous 

waste facilities operating under a 

standardized permit were promulgated 

in September, 2005, EPA failed to make 

conforming changes to certain 

paragraphs in 40 CFR parts 260–263 and 

266. This rule addresses that 

inadvertent oversight. Affected sections 

are identified at the end of Section 

V.C.7. 

Today’s Direct Final rule is similar to 

the Final rule published on July 14, 

2006. See 71 FR 40254, Parts 260, 261 

et al. Hazardous Waste and Used Oil; 

Corrections to Errors in the Code of 

Federal Regulations; Final rule. EPA 

continues to review its regulations for 

additional technical corrections or 

errors and will address any such edits 

in forthcoming rules. 

Today’s action makes approximately 

90 changes to 40 CFR parts 260–266, 

268 and 270. References to the 40 CFR 

sections where technical corrections are 

being made are organized by part. In 

addition, EPA provides a description 

and explanation of the changes in the 

preamble to today’s Direct Final rule. 

C. Description of Direct Final 

Amendments to Parts 260–266, 268 and 

270 

1. Corrections to 40 CFR Part 260 

(Hazardous Waste Management System: 

General) 

In 40 CFR part 260, EPA is amending 

the following sections in order to make 

a number of changes: Section 260.10 

and Appendix I 

a. 40 CFR 260.10: In 40 CFR part 260, 

EPA is amending 40 CFR 260.10 to 

correct the date cited in the definition 

of ‘‘New hazardous waste management 

facility or new facility.’’ The date is 

changed from ‘‘October 21, 1976’’ to 

‘‘November 19, 1980.’’ This date refers to 

the date a facility began operation, or for 

which construction commenced. 

A review of the May 19, 1980 

preamble to the first set of RCRA 

hazardous waste regulations shows that 

EPA was aware that the October 21, 

1976 date specified in the statute was an 

unrealistic date to establish, and 

anticipated statutory amendments to 

correct this problem. Specifically, in 

May 1980, EPA wrote: 

‘‘Definition of Existing Facility’’ 

Several commenters pointed out what they 

perceived as a serious fault in Section 

3005(e) of RCRA, which is that the Section 

limits interim status to owners and operators 

of facilities ‘‘in existence’’ on or before 

October 21, 1976. The statute requires that, 

in order to operate legally, facilities which 

have come into existence after October 21, 

1976, must obtain a permit by the effective 

date of the Section 3005 regulations (i.e., 

within 180 days after the promulgation date 

of the regulations). Because it is unlikely that 

permits can be issued within 180 days for all 

facilities not ‘‘in-existence’’ by October 21, 

1976, the commenters felt that the language 

of the statute was unfair to the owners and 

operators of these facilities. 

‘‘EPA agrees that the language of the statute 

as it now stands would make the RCRA 

program unworkable. However, the language 

of RCRA is clear and EPA has had no 

alternative but to follow it in the regulations. 

As the preamble to the Part 122 regulations 

discusses, EPA expects that amendments to 

RCRA now in conference will be passed 

shortly and will cure this problem.’’ (45 FR 

33068, May 19, 1980) 

RCRA Section 3005(e) related to 

Interim Status facilities was amended to 

correct this problem. Section 3005(e)(1) 

now reads: ‘‘Any person who—(A) owns 

or operates a facility required to have a 

permit under this section which 

facility—(i) was in existence on 

November 19, 1980, or (ii) is in 

existence on the effective date of 

statutory or regulatory changes under 

this Act that render the facility subject 

to the requirement to have a permit 

under this section * * * shall be treated 

as having been issued such permit until 

such time as final administrative 

disposition of such application is made, 

unless the Administrator * * *.’’ 

Therefore, EPA is amending § 260.10 

to make this conforming change by 

revising the date ‘‘October 21, 1976’’ to 

read ‘‘November 19, 1980.’’ More 

specifically, the regulatory citation will 

read as follows: 

‘‘New hazardous waste management 

facility or new facility’’ means a facility 

which began operation, or for which 

construction commenced after November 19, 

1980.’’ 

Note that the definition at § 260.10 for 

‘‘Existing hazardous waste management 

facility’’ includes the correct date (i.e., 

November 19, 1980), which further 

supports this conforming change. 

b. 40 CFR part 260, Appendix I: In 40 

CFR part 260, EPA is deleting the 

appendix entitled, Appendix I to Part 

260: Overview of Subtitle C Regulations, 

which includes a brief discussion of the 

hazardous waste regulations, along with 

associated Figures 1–4. This Appendix 

was initially developed when the 

hazardous waste regulations were first 

promulgated in May 1980. Since then, 

the regulations have changed a number 

of times and this Appendix is no longer 

accurate. Therefore, we are deleting it to 

avoid any confusion. 

2. Corrections to 40 CFR Part 261 

(Identification and Listing of Hazardous 

Waste) 

In 40 CFR part 261, EPA is amending 

the following sections in order to correct 

typographical errors, include correct 

citations, and incorporate conforming 

changes: Sections 261.1, 261.2, 261.4, 

261.5, 261.6, 261.7, 261.23, 261.30, 

261.31, 261.32, 261.33 and Appendix 

VII to part 261. 

a. 40 CFR 261.1(c)(10): In 40 CFR part 

261, EPA is amending this paragraph to 

correct a citation error by revising 

‘‘§ 261.4(a)(13)’’ to read ‘‘§ 261.4(a)(14)’’ 

in the parenthetical note at the end of 

paragraph (c)(10). 40 CFR 261.1(c)(10) 

defines ‘‘Processed scrap metal.’’ As part 

of this definition, the parenthetical note 

at the end of the paragraph states: 

‘‘(Note: shredded circuit boards being sent 

for recycling are not considered processed 

scrap metal. They are covered under the 

exclusion from the definition of solid waste 

for shredded circuit boards being recycled 

(§ 261.4(a)(13)).’’ 

However, § 261.4(a)(13) relates to 

excluded scrap metal, not shredded 

circuit boards. The correct citation for 

shredded circuit boards being recycled 

is found at § 261.4(a)(14). Thus, we are 

correcting this incorrect citation. 

b. 40 CFR 261.2(c), Table 1: In 40 CFR 

part 261, EPA is amending § 261.2(c), 

Table 1 by removing the phrase, ‘‘Scrap 

metal other than excluded scrap metal 

(see 261.1(c)(9))’’ and replacing it with 

‘‘Scrap metal that is not excluded under 

§ 261.4(a)(13).’’ This change more 

concisely describes scrap metal that is 

subject to the RCRA Subtitle C 

regulations, namely regulated scrap 

metal. This phrase also is consistent 

with paragraph 40 CFR 261.6(a)(3)(ii) 

related to the requirements for regulated 

scrap metal. 

c. 40 CFR 261. 4(a)(17)(vi): In 40 CFR 

part 261, EPA is amending 

§ 261.4(a)(17)(vi) to correct a citation 

error by revising the citation ‘‘paragraph 

(a)(7)’’ to read ‘‘paragraph (b)(7).’’ 

The reference to ‘‘paragraph (a)(7),’’ 

which relates to spent sulfuric acid, was 

incorrectly revised in the final rule 

published in 67 FR 11254 (March 13, 

2002) and should have properly referred 

to paragraph (b)(7). Thus, we are 

correcting this incorrect citation. 

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12992 Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Rules and Regulations 

1EPA terminated the Performance Track Program 

on May 14, 2009 (74 FR 22741) and thus the 

program’s incentives, including the hazardous 

waste incentives, are no longer available. EPA plans 

to take steps to rescind the final rules that enabled 

these incentives. 

2The Agency is also adding part 267 to this CFR 

section, i.e., § 261.5(g). See discussion later in the 

preamble for the basis of this change. 

d. 40 CFR 261.5(e)(1): In 40 CFR part 

261, EPA is amending this paragraph to 

read, ‘‘A total of one kilogram of acute 

hazardous wastes listed in §§ 261.31 or 

261.33(e).’’ 

This change removes a reference to 

acute hazardous wastes listed under 

‘‘§ 261.32,’’ because currently, there are 

no acute hazardous wastes listed in 

§ 261.32. 

e. 40 CFR 261.5(e)(2): In 40 CFR part 

261, EPA is amending this paragraph to 

remove the reference to acute hazardous 

wastes listed under ‘‘§ 261.32,’’ because, 

as noted previously, there are no acute 

hazardous wastes listed in § 261.32. 

EPA is also amending the 

parenthetical comment at the end of 

§ 261.5(e)(2) to correct the term 

‘‘generators of greater than 1,000 kg’’ to 

read ‘‘generators of 1,000 kg or greater’’ 

and to eliminate the redundant term 

‘‘non-acutely.’’ 

Specifically, § 261.5(e) addresses 

those amounts of acute hazardous waste 

that are subject to full regulation under 

40 CFR parts 262–268, 270, and 124, 

and the notification requirements of 

Section 3010 of RCRA. At the end of 

§ 261.5(e)(2) is a comment which reads: 

[Comment: ‘‘Full regulation’’ means 

those regulations applicable to 

generators of greater than 1,000 kg of 

non-acutely hazardous waste in a 

calendar month.] 

This comment describes full 

regulation as regulations applicable to 

generators of greater than 1,000 kg of 

non-acutely hazardous waste in a 

calendar month (a large quantity 

generator), but 40 CFR 262.34(d) lists 

conditions for facilities who generate 

greater than 100 kg but less than 1,000 

kg of hazardous waste in a calendar 

month (e.g., a small quantity generator). 

Therefore, facilities that generate exactly 

1,000 kg are not included in either 

range. At 40 CFR 262.34(g) and (h), we 

state that generators who generate 1,000 

kilograms of hazardous waste per month 

and generators that generate greater than 

1,000 kilograms of hazardous waste per 

calendar month (as this quantity relates 

to generators of wastewater treatment 

sludges from electroplating operations 

(EPA Hazardous Waste No. F006)) are 

subject to the same regulatory standards. 

Likewise, at 40 CFR 262.34(j), we state 

that generators who generate 1,000 

kilograms of hazardous waste per 

calendar month and generators that 

generate greater than 1,000 kilograms of 

hazardous waste per calendar month (as 

this quantity relates to members of the 

Performance Track program) are subject 

to the same regulatory standards.1

Therefore, our intent always has been to 

regulate facilities generating exactly 

1,000 kilograms of hazardous waste in a 

calendar month the same as those 

generators who generate greater than 

1,000 kilograms of hazardous waste in a 

calendar month (i.e., large quantity 

generators) rather than the requirements 

for facilities generating greater than 100 

kilograms in a calendar month, but less 

than 1,000 kilograms of hazardous waste 

in a calendar month, (i.e., small quantity 

generators). Clarifying the parenthetical 

comment at the end of § 261.5(e)(2) 

resolves the inconsistency that exists 

between this comment and §§ 262.34(d), 

262.34(g), 262.34(h) and 262.34(j). 

Also, since this comment refers to 

non-acute hazardous wastes, use of the 

term ‘‘non-acutely’’ is redundant and 

unnecessary. 

f. 40 CFR 261.5(f): In 40 CFR part 261, 

EPA is amending this paragraph to read, 

‘‘In order for acute hazardous wastes 

generated by a generator of acute 

hazardous wastes in quantities equal to 

or less than those set forth in paragraphs 

(e)(1) or (e)(2) of this section to be 

excluded from full regulation under this 

section, the generator must comply with 

the following requirements:’’ 

This change clarifies that the relevant 

paragraphs of section 261.5 (e) are both 

(e)(1) and (e)(2). The current regulation 

references paragraph (e)(1) or (2). 

g. 40 CFR 261.5(g): In 40 CFR part 

261, EPA is amending this paragraph to 

read, ‘‘In order for hazardous waste 

generated by a conditionally exempt 

small quantity generator in quantities of 

100 kilograms or less of hazardous 

waste during a calendar month to be 

excluded from full regulation under this 

section, the generator must comply with 

the following requirements:’’ 

This paragraph currently refers to ‘‘in 

quantities of less than 100 kilograms of 

hazardous waste’’ which is inconsistent 

with 40 CFR 261.5 (a) which describes 

a conditionally exempt small quantity 

generator as one who generates no more 

than 100 kilograms of hazardous waste 

in a calendar month (i.e., 100 kilograms 

or less). Thus, this change makes 40 

CFR 261.5(g) consistent with 40 CFR 

261.5(a). 

h. 40 CFR 261.5(g)(2): In 40 CFR part 

261, EPA is amending this paragraph to 

read, ‘‘The conditionally exempt small 

quantity generator may accumulate 

hazardous waste on-site. If he 

accumulates at any time more than a 

total of 1,000 kilograms of his hazardous 

wastes, all of those accumulated wastes 

are subject to regulation under the 

special provisions of part 262 applicable 

to generators of greater than 100 kg and 

less than 1000 kg of hazardous waste in 

a calendar month as well as the 

requirements of parts 263 through 268, 

and parts 270 and 124 of this chapter, 

and the applicable notification 

requirements of section 3010 of RCRA. 

The time period of § 262.34(d) for 

accumulation of wastes on-site begins 

for a conditionally exempt small 

quantity generator when the 

accumulated wastes exceed 1000 

kilograms;’’ 

This change clarifies the amount of 

hazardous wastes a generator can 

generate in a calendar month and still 

be classified as a small quantity 

generator; e.g., greater than 100 

kilograms but less than 1,000 kilograms 

of hazardous waste in a calendar month. 

Similarly, this change is consistent with 

paragraphs § 262.34(d)–(f).2

i. 40 CFR 261.6(a)(2): In 40 CFR part 

261, EPA is making a conforming 

change to add ‘‘268’’ to § 261.6(a)(2) so 

that it reads ‘‘* * * and all applicable 

provisions in parts 268, 270, and 124 of 

this chapter.’’ This change is necessary 

to be clear that the requirements of part 

268 are applicable to the subject of this 

provision (recycled wastes regulated 

under part 266). An examination of 

§ 261.6(a)(3) clearly shows that the 

Agency was aware that Part 268 is 

applicable to recycled wastes. Thus, the 

failure to cite part 268 in paragraph 

(a)(2) was an oversight. A December 20, 

1989 memo from EPA Headquarters to 

EPA Region 1 (RCRA Online 11482), a 

copy of which is included in today’s 

docket, explained this oversight and the 

need to correct this error in a future 

rulemaking. 

j. 40 CFR 261.6(a)(2)(ii): In 40 CFR 

part 261, EPA is amending 

§ 261.6(a)(2)(ii) to read ‘‘Hazardous 

waste burned (as defined in section 

266.100(a)) in boilers and industrial 

furnaces that are not regulated under 

subpart O of part 264 or 265 of this 

chapter (40 CFR part 266, subpart H).’’ 

Specifically, § 261.6(a)(2) indicates 

which subparts of part 266 govern the 

management of certain recycled 

materials. Paragraph § 261.6(a)(2)(ii) 

currently indicates that hazardous waste 

burned for energy recovery in boilers 

and industrial furnaces is covered under 

Subpart H of part 266. Prior to 1991, 

hazardous waste burned for energy 

recovery was subject to Subpart D of 

part 266, and § 261.6(a)(2)(ii) 

specifically referred to Subpart D. In 

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3 Discussed under section V.C.10. 

4Note: The changes at 40 CFR 262.10, 262.11 and 

262.41 refer to the conforming change to include 

part 267. 

1991, the boiler and industrial furnace 

rule expanded the scope of the part 266 

boiler and industrial furnace regulations 

to address burning for both energy 

recovery and materials recovery, and the 

Subpart D regulations were replaced 

with regulations under Subpart H of 

part 266. The 1991 rule amended the 

reference in § 261.6(a)(2)(ii) from 

subpart D to subpart H of part 266, but 

inadvertently omitted the parallel 

conforming change to the text of 

(a)(2)(ii) to reflect the expanded scope of 

the regulations, which now cover both 

burning for energy recovery and burning 

for material recovery. This amendment 

makes that conforming change. 

k. 40 CFR 261.7(a)(1), (a)(2), (b)(1) and 

(b)(3): In 40 CFR part 261, EPA is 

making conforming changes to 

§§ 261.7(a)(1) and (a)(2) to add ‘‘part 

266.’’ 

Specifically, an examination of the 

Federal Register from 1980 to the 

present reveals that §§ 261.7(a)(1) and 

(a)(2) have been amended several times 

to include additional parts to the list of 

applicable regulations as the RCRA 

regulatory program evolved. As 

examples, paragraphs (a)(1) and (a)(2) of 

§ 261.7 were amended in 1983 (48 FR 

14294) to remove part 122 and 

substitute part 270; were amended in 

1986 to include part 268 (the Land 

Disposal Restrictions program) (51 FR 

40637); and were amended again in 

2005 to incorporate part 267 (the 

Standardized Permit program) (70 FR 

53453). However, references to part 266, 

which addresses Standards for the 

Management of Specific Hazardous 

Wastes and Specific Types of Hazardous 

Waste Management Facilities, were not 

added when part 266 was promulgated. 

Because part 266 is one of the parts 

applicable to the wastes discussed in 

§ 261.7, it should have been added to 

the lists of applicable parts. The Agency 

is now correcting this oversight. 

In this section, EPA is also amending 

paragraphs (b)(1) and (b)(3) to remove 

the reference to acute hazardous wastes 

listed in ‘‘§ 261.32,’’ because currently, 

there are no acute hazardous wastes 

listed in § 261.32. 

l. 40 CFR 261.23(a)(8): In 40 CFR part 

261, EPA is amending this paragraph to 

read, ‘‘It is a forbidden explosive as 

defined in 49 CFR 173.54, or is a 

Division 1.1, 1.2 or 1.3 explosive as 

defined in 49 CFR 173.50 and 173.53.’’ 

Specifically, 40 CFR 261.23(a)(8) 

cross-references Department of 

Transportation (DOT) regulations 

addressing forbidden explosives, Class 

A explosives, and Class B explosives. 

However, these cross-references are out 

of date with the current DOT 

regulations, and the referenced sections 

either no longer exist or no longer 

address these explosives. This change 

modifies the rule to provide the correct 

citations. 

m. 40 CFR 261.30(d). In 40 CFR part 

261, EPA is amending this paragraph to 

read, ‘‘The following hazardous wastes 

listed in § 261.31 are subject to the 

exclusion limits for acutely hazardous 

wastes established in § 261.5: EPA 

Hazardous Wastes Nos. F020, F021, 

F022, F023, F026 and F027.’’ 

The existing paragraph indicates that 

acutely hazardous wastes are listed in 

§ 261.31 and § 261.32. However, because 

there are no acute hazardous wastes 

currently listed in § 261.32, we are 

removing the reference to § 261.32. 

n. 40 CFR 261.31: In 40 CFR part 261, 

EPA is amending the listing for EPA 

Hazardous Waste No. F037 by correcting 

the phrase ‘‘* * * oil cooling 

wastewaters’’ to read ‘‘* * * oily cooling 

wastewaters.’’ It is clear from the 1990 

and 1998 Federal Register notices 

promulgating and subsequently revising 

this listing that the correct phrase is 

‘‘oily cooling wastewaters’’ (55 FR 46396 

and 63 FR 42185, respectively). This 

phrase is also consistent with the listing 

description of F037 and F038 in the 

table in 40 CFR 268.40 and Table 

302.4—List of Hazardous Substances 

and Reportable Quantities. 

o. 40 CFR 261.32: In 40 CFR part 261, 

EPA is amending the listing for K107, by 

correcting the misspelled chemical 

name ‘‘* * * carboxylic acid 

hydrazines’’ to read ‘‘* * * carboxylic 

acid hydrazides.’’ That this is a 

misspelling is clear from the original 

listing background document 

supporting the K107 listing which 

discusses ‘‘carboxylic acid hydrazides.’’ 

The proposed rule (December 20, 1984; 

49 FR 49559) included this error in the 

listings for K107, K108, K109, and K110. 

The error was corrected in the final rule 

(May 2, 1990; 55 FR 18505) for all the 

listings except K107. 

p. 40 CFR 261.32: In 40 CFR part 261, 

EPA is amending the table in this 

section to remove the section headings 

that have no waste codes included: 

‘‘Primary Copper: ’’, ‘‘Primary Lead:’’, 

‘‘Primary Zinc: ’’; and ‘‘Ferroalloys:’’. 

Specifically, the entries for Hazardous 

Waste Nos. K064 (Primary Copper), 

K065 (Primary Lead), K066 (Primary 

Zinc) and K090 and K091 (Ferroalloys) 

were removed from the table in 1999 (64 

FR 56470, October 20, 1999; see also 63 

FR 28599–29600, May 26, 1998). 

Although these were the only waste 

codes listed in the sections having the 

same title, the section headings were 

inadvertently not removed with the 

waste codes. Thus, they are being 

deleted in today’s Direct Final rule. 

q. 40 CFR 261.33(f): In 40 CFR part 

261, EPA is amending this section to 

revise the listing for U239, ‘‘Benzene, 

dimethyl- (I,T)’’ to read ‘‘Benzene, 

dimethyl- (I).’’ Inclusion of the ‘‘T’’ (for 

toxicity) in the parentheses was an 

oversight because this chemical was 

listed only for ignitability (‘‘I’’) and not 

for toxicity (‘‘T’’). This error was first 

identified in 1990, but the Agency failed 

to correct this error in previous 

technical correction rules (see memo 

from Scarberry to Kreider (April 5, 1990, 

RO115020), a copy of which is included 

in today’s docket). This correction is 

also consistent with the same listing 

under the more common name for U239, 

‘‘xylene,’’ which has only an ‘‘I’’ in the 

parentheses. 

r. Part 261, APPENDIX VII: In 40 CFR 

part 261, EPA is amending this section 

to remove the entries ‘‘K064,’’ ‘‘K065,’’ 

‘‘K066,’’ ‘‘K090,’’ and ‘‘K091.’’ In the final 

rule published in 64 FR 56470 (October 

20, 1999), see also 63 FR 28599–29600, 

May 26, 1998, EPA removed these Klisted wastes from § 261.32, but failed to 

make the necessary conforming changes 

in Appendix VII of part 261. This 

amendment makes that conforming 

change. 

3. Corrections to 40 CFR Part 262 

(Standards Applicable to Generators of 

Hazardous Waste) 

In 40 CFR part 262, EPA is amending 

the following sections in order to clarify 

regulatory citations and address 

incorrect citations: Sections 262.10, 

262.11, 262.23,3 262.34, 262.41, 262.42 

and 262.60.4

a. 40 CFR 262.34(a): In 40 CFR part 

262, EPA is amending this paragraph by 

revising 40 CFR 262.34(a) to read, ‘‘A 

generator who generates 1,000 kilograms 

or greater of hazardous waste in a 

calendar month, or greater than 1 kg of 

acute hazardous waste listed in 

§§ 261.31 or 261.33(e) in a calendar 

month, may accumulate hazardous 

waste on-site for 90 days or less without 

a permit or without having interim 

status, provided that:’’ 

Specifically, the current language in 

40 CFR 262.34(a) fails to clarify that this 

paragraph applies to large quantity 

generators only—that is, generators who 

generate 1,000 kilograms or greater of 

hazardous waste in a calendar month, or 

greater than 1 kg of acute hazardous 

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

a calendar month. Small quantity 

generators can accumulate hazardous 

waste on site for 180 days (or 270 days 

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12994 Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Rules and Regulations 

5RCRA Online is an electronic database of 

selected letters, memoranda, questions and 

answers, publications, and other outreach materials, 

written by EPA’s Office of Solid Waste (now the 

Office of Resource Conservation and Recovery) 

since 1980. 

if he must transport his waste or offer 

his waste for transportation over a 

distance of 200 miles or more) or less 

without a permit or without having 

interim status. 

b. 40 CFR 262.34(a)(1)(iv)—as related 

to Closure: EPA is amending CFR 

262.34(a) by moving a sentence from 

one portion of the regulation to another, 

more appropriate, portion of the 

regulation where it will be easier to 

find. 

Specifically, EPA is moving the 

language that currently appears after 40 

CFR 262.34(a)(1)(iv)(B) which states that 

generators accumulating hazardous 

waste on-site for 90 days or less without 

a permit or interim status are exempt 

from all the requirements in subparts G 

and H of 40 CFR part 265, except for 40 

CFR 265.111 and 265.114. 

This amendment is necessary because 

this sentence stating the requirements 

for large quantity generators closing 

their waste accumulation units is 

incorrectly and awkwardly found after 

40 CFR 262.34 (a)(1)(iv)(B), when it 

should be elsewhere in the regulation. 

That is, this section of the regulations 

has no relationship to the closure 

requirements, but instead addresses the 

documentation needed by a large 

quantity generator accumulating 

hazardous waste in containment 

buildings to demonstrate that the unit 

has been emptied at least once every 90 

days. Thus, requirements for large 

quantity generators closing their 90-day 

waste accumulation units should 

properly be located in another portion 

of this regulation. EPA has expressed 

this same intent in a Hotline document 

in the December 1998 Hotline Monthly 

Report entitled, Generator Closure 

Requirements, a copy of which is 

included in today’s docket. (Also see 

RCRA Online 14321.5) 

EPA is moving this sentence to a new 

section 40 CFR 262.34(a)(5). This new 

location for this long-standing closure 

requirement for large quantity 

generators will make it less likely that 

users of the regulations will miss the 

provision and thus be unaware of its 

existence. Putting this sentence in a new 

subparagraph (5) of paragraph (a) 

following existing subparagraphs (1) 

through (4) also makes it much clearer 

that the closure provision is one of the 

five existing requirements applicable to 

large quantity generators accumulating 

waste on-site. 

c. 40 CFR 262.34(a)(2)—as related to 

Marking: In 40 CFR part 262, EPA is 

amending this paragraph by revising 40 

CFR 262.34(a)(2) to read ‘‘each container 

and tank’’ instead of ‘‘each container.’’ 

Specifically, § 262.34(a)(3) makes 

clear that displaying the words 

‘‘Hazardous Waste’’ is required for both 

containers and tanks accumulating 

waste, but the words ‘‘and tank’’ were 

inadvertently omitted from the text of 

§ 262.34(a)(2) which discusses 

displaying the accumulation start date. 

In the preamble to the March 24, 1986 

Federal Register (51 FR 10146 and 51 

FR 10160), EPA makes clear that under 

40 CFR 262.34 both containers and 

tanks must be marked with 

accumulation start dates. EPA also 

explained that both containers and 

tanks must be marked with 

accumulation start dates in the June 

2003 RCRA Call Center Monthly Report, 

a copy of which is included in today’s 

docket. This amendment corrects this 

omission. 

d. 40 CFR 262.34(a)(4) and 40 CFR 

262.34(d)(4)—as related to the Land 

Disposal Restrictions (LDR): In 40 CFR 

part 262, EPA is amending these 

paragraphs by revising 40 CFR 

262.34(a)(4) and 40 CFR 262.34(d)(4) to 

delete ‘‘40 CFR 268.7(a)(5)’’ and 

substitute the words ‘‘all applicable 

requirements under 40 CFR part 268.’’ 

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

262.34 (d)(4) specifically state that large 

quantity generators and small quantity 

generators must comply only with 40 

CFR 268.7(a)(5) of the land disposal 

restriction requirements. This provision 

addresses waste analysis plans. 

However, the limited reference to 40 

CFR 268.7(a)(5) is in error. As stated 

elsewhere in the hazardous waste 

regulations, both small and large 

quantity generators are subject to the 

full land disposal restriction 

requirements program, and not just the 

requirement to develop waste analysis 

plans. For example, 40 CFR 262.11 

points to the need for materials subject 

to the hazardous waste regulations to 

comply with all applicable regulations 

under 40 CFR part 268 (Land Disposal 

Restrictions). Similarly, 40 CFR 268.1(b) 

is clear that the LDR requirements 

‘‘apply to persons who generate or 

transport hazardous waste and owners 

and operators of hazardous waste 

treatment, storage and disposal 

facilities.’’ Thus, EPA is correcting this 

error by revising these paragraphs to 

properly conform to the requirements 

elsewhere for large quantity generators 

and small quantity generators to comply 

with all applicable regulations under 40 

CFR part 268. 

e. 40 CFR 262.34(b): Consistent with 

the changes being made in section 

262.34(a) of today’s Direct Final rule, 

EPA is amending 40 CFR 262.34 by 

revising the first sentence of 40 CFR 

262.34(b) to read, ‘‘A generator of 1,000 

kilograms or greater of hazardous waste 

in a calendar month, or greater than 1 

kg of acute hazardous waste listed in 

§§ 261.31 or 261.33(e) in a calendar 

month, who accumulates hazardous 

waste or acute hazardous waste for more 

than 90 days is an operator of a storage 

facility and is subject to the 

requirements of 40 CFR parts 264, 265 

and 267 and the permit requirements of 

40 CFR 270 unless he has been granted 

an extension to the 90-day period.’’ (See 

discussion in section V.3.a regarding 

paragraph 262.34(a) for explanation of 

change.) 

f. 40 CFR 262.34(c)(1): EPA is 

amending 40 CFR 262.34 by revising 40 

CFR 262.34(c)(1) to read: ‘‘A generator 

may accumulate as much as 55 gallons 

of hazardous waste or one quart of 

acutely hazardous waste listed in 

§ 261.31 or § 261.33(e) in containers at 

or near any point of generation where 

wastes initially accumulate which is 

under the control of the operator of the 

process generating the waste, without a 

permit or interim status and without 

complying with paragraphs (a) or (d) of 

this section provided he:’’ 

This revision clarifies that the satellite 

accumulation provisions for large 

quantity generators also are applicable 

to small quantity generators, and that 

this provision applies to acutely 

hazardous wastes listed under § 261.31 

as well. As currently constructed, the 

regulatory citations at 40 CFR 262.34 

associated with satellite accumulation 

are only found under the requirements 

for large quantity generators, or 

paragraph (a). The preamble to the final 

rule promulgating this provision 

published in the March 24, 1986 

Federal Register makes clear that the 

satellite accumulation provisions also 

are applicable to small quantity 

generators. The regulatory text omitted 

the appropriate reference to implement 

this intent. See 51 FR 10162. In 

addition, other EPA documents state 

that the satellite accumulation 

provisions apply to small quantity 

generators as well. See, for example, 

Memorandum from Robert Springer, 

Director Office of Solid Waste to 

Regions 1–10, Frequently Asked 

Questions about Satellite Accumulation 

Areas, March 17, 2004 (RO 14703), a 

copy of which is included in today’s 

docket. 

With respect to including acutely 

hazardous wastes listed under § 261.31, 

when the dioxin listings for acutely 

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Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Rules and Regulations 12995 

6 Discussed under Section V.C.10. 

hazardous wastes listed under § 261.31 

were promulgated in 1985 (see 50 FR 

2000), we failed to make conforming 

changes to the satellite accumulation 

regulations found at 40 CFR 262.34 

(c)(1) and (c)(2) which were 

promulgated in 1984. This amendment 

corrects this omission. 

g. 40 CFR 262.34(c)(2): EPA is 

amending 40 CFR 262.34 by revising 40 

CFR 262.34(c)(2) to read: ‘‘A generator 

who accumulates either hazardous 

waste or acutely hazardous waste listed 

in § 261.31 or § 261.33(e) in excess of 

the amounts listed in paragraph (c)(1) of 

this section at or near any point of 

generation must, with respect to that 

amount of excess waste, comply within 

three days with paragraph (a) of this 

section or other applicable provisions of 

this chapter. 

During the three day period the 

generator must continue to comply with 

paragraphs (c)(1)(i) and (ii) of this 

section. The generator must mark the 

container holding the excess 

accumulation of hazardous waste with 

the date the excess amount began 

accumulating.’’ 

This amendment makes the 

conforming change discussed above 

(section V.3.f.) for 40 CFR 262.34(c)(1). 

h. 40 CFR 262.42(a)(1), (a)(2), and 

(c)—Exception Reporting: In 40 CFR 

part 262, EPA is amending both 40 CFR 

262.42(a)(1) and (a)(2) to read, ‘‘A 

generator of 1,000 kilograms or greater 

of hazardous waste in a calendar month, 

or greater than1 kg of acute hazardous 

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

a calendar month * * *’’ Also, EPA is 

adding paragraph (c) to this section to 

require a generator to comply with this 

provision when a designated facility reships a generator’s hazardous waste 

shipment of rejected loads or container 

residues to an alternate facility for 

further hazardous waste management. 

This correction is discussed in Section 

V.C.10 below, along with other 

corrections and clarifications to the 

hazardous waste manifest regulations. 

Specifically, the current language in 

paragraphs (a)(1) and (a)(2) at 40 CFR 

262.42 incorrectly describes the 

exception reporting requirements as 

applying only to generators of ‘‘greater 

than 1000 kilograms of hazardous 

waste’’ in a calendar month, when it 

should properly address such 

requirements for large quantity 

generators (i.e., those generators 

generating 1,000 kilograms or greater of 

hazardous waste or greater than 1 kg of 

acute hazardous waste listed in § 261.31 

or § 261.33(e) in a calendar month). 

These amendments are further 

supported by the language in paragraphs 

§ 262.34(d), § 262.34(g), § 262.34(h) and 

§ 262.34(j) cited under 40 CFR 261.5(e). 

i. 40 CFR 262.60(b)—Imports of 

Hazardous Waste: In 40 CFR part 262, 

EPA is amending 40 CFR 262.60(b) to 

replace ‘‘§ 262.20 (a)’’ with ‘‘§ 262.20.’’ 

Specifically, paragraph 262.60(b) 

incorrectly states that ‘‘when importing 

hazardous waste, a person must meet all 

the requirements of § 262.20(a) for the 

manifest except that * * *’’ However 

§ 262.20(a) is only one component of the 

hazardous waste manifest requirements 

that facilities must meet in either 

transporting or importing hazardous 

wastes. To comply with this 

requirement only, and no other, would 

be a violation of the hazardous waste 

manifest requirements. EPA made this 

error in the original import regulations 

(see 51 FR 28685, August 8, 1986) and 

is now amending this section to reflect 

the Agency’s intent. 

4. Corrections to 40 CFR Part 264 

(Standards for Owners and Operators of 

Hazardous Waste Treatment, Storage, 

and Disposal Facilities) 

In 40 CFR part 264, EPA is amending 

the following sections in order to 

include correct citations, clarify 

regulatory requirements that are either 

cited elsewhere in Federal Register 

notices or documents published in 

RCRA Online, and incorporate 

conforming changes: Sections 264.52, 

264.56, 264.72,6 264.314, 264.316, and 

264.552. 

a. 40 CFR 264.52—Content of 

contingency plan: EPA is amending 

§ 264.52(b) by removing the phrase ‘‘or 

part 1510 of chapter V,’’ since part 1510 

of chapter V no longer exists. 

b. 40 CFR 264.56—Emergency 

Procedures: Consistent with the change 

being made in 40 CFR 264.52, EPA is 

amending § 264.56(d)(2) by removing 

the parenthetical phrase ‘‘(in the 

applicable regional contingency plan 

under part 1510 of this title),’’ since this 

provision no longer exists. 

c. 40 CFR 264.314(d) and 264.316(b): 

The Burden Reduction Rule (71 FR 

16906, April 4, 2006) deleted the 

obsolete paragraph (a) in § 264.314 and 

moved up the rest of the paragraphs in 

that section. Thus, paragraphs (b) 

through (f) were re-designated 

paragraphs (a) through (e). In doing this, 

the Burden Reduction Rule failed to 

update the cross-references in paragraph 

264.314(d) from ‘‘(e)(1)’’ to ‘‘(d)(1)’’ and 

‘‘(e)(2)’’ to ‘‘(d)(2),’’ and failed to update 

the cross-reference in § 264.316(b) from 

‘‘§ 264.314(e)’’ to ‘‘§ 264.314(d)’’. Today’s 

rule corrects these errors. 

d. 40 CFR 264.552(a)(3): As discussed 

under 40 CFR 264.314 (section V.4.c), 

the Burden Reduction Rule (71 FR 

16906, April 4, 2006) deleted the 

obsolete paragraph 264.314(a) and 

moved up the rest of the paragraphs in 

that section. Thus, paragraphs (b) 

through (f) were re-designated 

paragraphs (a) through (e). In doing this, 

the Burden Reduction Rule failed to 

update the cross-references in § 264.552 

to these re-designated paragraphs. 

Today’s rule corrects this as follows: 

Paragraph 264.552(a)(3)(ii) revises the 

citation ‘‘§ 264.314(d)’’ to read 

‘‘§ 264.314(c)’’; paragraph 

264.552(a)(3)(iii) revises the citation 

‘‘§ 264.314(f)’’ to read ‘‘§ 264.314(e)’’; and 

paragraph 264.552(a)(3)(iv) revises the 

citation ‘‘§ 264.314(c)’’ to read 

‘‘§ 264.314(b)’’ and ‘‘§ 264.314(e)’’ to read 

‘‘§ 264.314(d).’’ 

e. 40 CFR 264.552(e)(4)(iv)(F): Today’s 

rule revises the citation in 

§ 264.552(e)(4)(iv)(F) from 

‘‘260.11(a)(11)’’ to read ‘‘260.11(c)(3)(v).’’ 

The Corrective Action Management 

Units (CAMUs) final rule (67 FR 3025, 

January 22, 2002), in 

§ 264.552(e)(4)(iv)(F), provided for a 

variance from the ‘‘Toxicity 

Characteristic Leaching Procedure’’ 

(TCLP), SW846 Method 1311, and 

incorrectly cited ‘‘40 CFR 260.11(11)’’ for 

Method 1311. This reference was an 

improper citation format. It should have 

read ‘‘40 CFR 260.11(a)(11).’’ EPA then 

significantly reorganized and revised 40 

CFR 260.11 (70 FR 34538, June 14, 

2005), without making the 

corresponding revision to the citation in 

§ 264.552(e)(4)(iv)(F). However, the June 

14, 2005 revision (at 70 FR 34560) also 

added a new § 260.11(c)(3)(v) 

referencing Method 1311. The EPA CFR 

Corrections rule (71 FR 40273, July 14, 

2006) corrected the original 

§ 264.552(e)(4)(iv)(F) citation to read ‘‘40 

CFR 260.11(a)(11),’’ the paragraph that 

in 2002 correctly referred to SW846, 

which includes Method 1311. But, 

because of the June 14, 2005 revisions, 

the correct citation in the July 14, 2006 

CFR corrections rule should have been 

‘‘§ 260.11(c)(3)(v).’’ 

5. Corrections to 40 CFR Part 265 

(Standards for Owners and Operators of 

Hazardous Waste Treatment, Storage, 

and Disposal Facilities) 

In 40 CFR part 265, EPA is amending 

the following sections in order to 

include correct citations, clarify 

particular regulatory requirements that 

are either cited elsewhere in Federal 

Register notices or documents 

published in RCRA Online, and 

incorporate conforming changes: 

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12996 Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Rules and Regulations 

7 Discussed under Section V.C.10. 

Sections 265.52, 265.56, 265.72,7

265.314 and 265.316. 

a. 40 CFR 265.52—Content of 

contingency plan: EPA is amending 

§ 265.52(b) by removing the phrase ‘‘or 

part 1510 of chapter V,’’ since part 1510 

of chapter V no longer exists. 

b. 40 CFR 265.56—Emergency 

Procedures: Consistent with the change 

being made in 40 CFR 265.52, EPA is 

amending § 265.56(d)(2) by removing 

the parenthetical phrase ‘‘(in the 

applicable regional contingency plan 

under part 1510 of this title),’’ since the 

provision no longer exists. 

c. 40 CFR 265.314(e) and 265.316(b): 

As discussed under the sections on 40 

CFR 264.314 and 264.316 above (section 

V.4.c), today’s rule corrects some errors 

made in the Burden Reduction Rule (71 

FR 16912, April 4, 2006) in 40 CFR 

264.314(e) and 264.316(b). We are also 

making the same corrections to the 

corresponding part 265 provisions, 

which are identical in language to the 

part 264 provisions. Specifically, the 

2006 Burden Reduction Rule deleted 

obsolete paragraph (a) in § 265.314 and 

moved up the rest of the paragraphs in 

that section. Thus, paragraphs (b) 

through (g) became re-designated as 

paragraphs (a) through (f). In doing this, 

the Burden Reduction Rule failed to 

update the cross-references in paragraph 

265.314(e) from ‘‘(f)(1)’’ to ‘‘(e)(1)’’ and 

‘‘(f)(2)’’ to ‘‘(e)(2),’’ and failed to update 

the cross-reference in § 265.316(b) from 

‘‘§ 265.314(f)’’ to ‘‘§ 265.314(e).’’ Today’s 

rule corrects these errors. 

6. Corrections to 40 CFR Part 266 

(Standards for the Management of 

Specific Hazardous Wastes and Specific 

Types of Hazardous Waste Management 

Facilities) 

In 40 CFR part 266, EPA is amending 

the following section in order to make 

a necessary conforming change: Section 

266.20. 

40 CFR 266.20—Subpart C— 

Recyclable Materials Used in a Manner 

Constituting Disposal: EPA is amending 

§ 266.20(b) by adding at the end of this 

paragraph the phrase, ‘‘and the recycler 

complies with § 268.7(b)(6).’’ 

Specifically, when EPA promulgated 

§ 268.7(b)(6), the Agency failed to make 

the conforming change at § 266.20(b) to 

clarify that the recycler must comply 

with the one-time certification 

requirement described at § 268.7(b)(4) 

for the initial shipment of the waste, 

and a one-time notification under 

paragraph § 268.7(b)(3). This correction 

addresses this oversight. 

7. Conforming Changes To Include 

Reference to Part 267 in Different 

Sections of Parts 261, 262, 263, and 266. 

In 2005, EPA promulgated 40 CFR 

part 267, which provides alternative 

management standards for owners and 

operators of certain types of hazardous 

waste treatment and storage facilities 

operating under a special type of 

permit—that is, the standardized 

permit. Management includes storing or 

non-thermally treating hazardous waste 

on-site in tanks, containers or 

containment buildings, or receiving 

hazardous waste generated off-site by a 

generator under the same ownership as 

the receiving facility, and then storing 

or non-thermally treating the hazardous 

waste in containers, tanks, or 

containment buildings. (See 40 CFR 

270.255.) When EPA promulgated this 

rule, the Agency inadvertently failed to 

make a number of conforming changes 

to other parts of the RCRA hazardous 

waste regulations that were affected by 

this new rule. In particular, there are 

various paragraphs throughout parts 

261, 262, 263 and 266 where the phrase, 

‘‘parts 262 through 266, 268, and parts 

270 and 124,’’ or variations appear. 

When part 267 was promulgated, this 

phrase should have been amended in 

the applicable paragraphs to add part 

267 and reflect this change. The 

following paragraphs are amended to 

correct this oversight: 

—§ 261.5(b), (e) and (f)(2), and (g)(2) 

—§ 261.6(a)(3), (c)(1) and (d) 

—§ 261.7(a)(2) 

—§ 261.30(c) 

—§ 262.10(f), (j)(1) and (k). 

—§ 262.11(d) 

—§ 262.34(b), (f), and (i) 

—§ 262.41(b) 

—§ 263.12 

—§ 266.22, 266.70(d), 266.80(b), 

266.101(c)(1) and (c)(2) 

8. Corrections to Part 268 (Land 

Disposal Restrictions) 

EPA is amending the following 

sections of 40 CFR part 268 in order to 

make a number of changes: Sections 

268.40 and 268.48. 

b. 40 CFR 268.40: In 40 CFR 268.40, 

EPA is amending the table, Treatment 

Standards for Hazardous Wastes, by 

revising the wastewater concentration 

associated with the regulated hazardous 

constituent, vinyl chloride, for F025 to 

read ‘‘0.27,’’ and by revising the 

wastewater concentration associated 

with the regulated hazardous 

constituent, arsenic, for K031 to read 

‘‘1.4.’’ With respect to F025, 63 FR 

28657–58 identified the wastewater 

concentration for vinyl chloride to be 

0.27 mg/L. With respect to K031, the 

preamble to the Universal Treatment 

Standards at 59 FR 48000, and 

confirmed at 59 FR 48070 for the table, 

Treatment Standards for Hazardous 

Wastes found in 40 CFR 268.40, the 

correct concentration for the regulated 

hazardous constituent, arsenic, is 1.4 

mg/L for K031. Whether through a 

printing error, or inadvertent technical 

error, the concentrations for vinyl 

chloride and arsenic under F025 and 

K031 were changed in subsequent CFR 

publications to ‘‘0.027’’ and ‘‘14,’’ 

respectively. These changes correct 

those inadvertent errors. 

In 40 CFR 268.40, EPA is also 

amending the table, Treatment 

Standards for Hazardous Wastes, for the 

waste codes K156, K157 and K158 by 

reinserting the parenthetical sentence, 

‘‘(This listing does not apply to wastes 

generated from the manufacture of 3- 

iodo-2-propynyl n-butylcarbamate.)’’ As 

a result of the November 1, 1996, ruling 

of the United States Court of Appeals for 

the District of Columbia Circuit in 

Dithiocarbamate Task Force v. EPA, 

EPA added to the 40 CFR 268.40 table 

‘‘Treatment Standards for Hazardous 

Wastes,’’ at the end of the ‘‘Waste 

description * * *’’ column for the 

entries for K156, K157, and K158, the 

parenthetical sentence ‘‘(This listing 

does not apply to wastes generated from 

the manufacture of 3-iodo-2-propynyl nbutylcarbamate).’’ (See 62 FR 32979, 

June 17, 1997.) This same parenthetical 

sentence was also added by the June 17, 

1997 Federal Register notice under the 

entries for K156, K157, and K158 in the 

following two tables: 40 CFR 261.32 

Listed hazardous wastes from specific 

sources and 40 CFR Table 302.4 List of 

Hazardous Substances and Reportable 

Quantities (62 FR 32977 and 32980, 

respectively). This parenthetical 

sentence still exists in these latter two 

tables, but was inadvertently deleted 

from the § 268.40 table under all three 

entries (K156–158) by 63 FR 28706–8, 

May 26, 1998. The purpose of this 

section of the Federal Register, as 

discussed in the preamble at 63 FR 

28623, was to modify the entry in the 

§ 268.40 table for U108; there was no 

mention of any revisions to the entries 

for K156–158. Yet when this table was 

recreated to reflect the U108 revision, 

the parenthetical sentence at the end of 

K156–158 was inadvertently deleted. 

b. 40 CFR 268.48: At 59 FR 48103, 

September 19, 1994, EPA added 

§ 268.48 and a table containing 

Universal Treatment Standards, 

including treatment standard entries in 

the table for ‘‘bis(2- 

Ethylhexyl)phthalate’’ and for 

‘‘Hexachloropropylene.’’ The entries for 

these two chemicals appear in the 1995– 

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1998 Code of Federal Regulations. They 

also appear in this same table in the 

1998 Phase IV Land Disposal 

Restrictions (LDR) Final Rule (63 FR 

28744, May 26, 1998). By mistake, these 

entries do not appear in the same table 

in the 1999 Code of Federal Regulations, 

or in any CFR since then. There are no 

FR notices removing these entries. EPA 

is today restoring these two entries as 

they first appeared in 1994, and 

continued unchanged through 1998. 

9. Corrections to Part 270 (EPA 

Administered Permit Programs: The 

Hazardous Waste Permit Program) 

EPA is amending the following 

section of 40 CFR part 270 in order to 

make a necessary change: Section 270.4. 

40 CFR 270.4(a): Today’s rule restores 

the following sentence at the end of 

§ 270.4(a): ‘‘However, a permit may be 

modified, revoked and reissued, or 

terminated during its term for cause as 

set forth in §§ 270.41 and 270.43, or the 

permit may be modified upon the 

request of the permittee as set forth in 

§ 270.42.’’ (except that today’s rule 

deletes the introductory word 

‘‘However,’’). The first part of this 

sentence was promulgated on April 1, 

1983 (48 FR 14232). EPA attempted to 

add the last phrase of this sentence on 

September 28, 1988 (53 FR 37935), but 

was not able to because EPA had 

inadvertently deleted the first part of 

this sentence December 1, 1987 (52 FR 

45799). In order to reinstate the missing 

sentence, EPA is today re-designating 

the introductory text of paragraph (a) as 

(a)(1); re-designating paragraphs (a)(1), 

(a)(2), (a)(3) and (a)(4) as paragraphs 

(a)(1)(i), (a)(1)(ii), (a)(1)(iii) and 

(a)(1)(iv), respectively; and reinstating 

the missing sentence in a new paragraph 

(a)(2). 

10. Corrections To Manifest Regulations 

Today’s rule corrects certain 

omissions and an error in the final 

manifest rule that was published on 

March 4, 2005 (See 70 FR 10776). 

The March 2005 manifest rule 

(manifest rule) inadvertently omitted 

certain requirements that were intended 

for inclusion, and that relate to the use 

of a manifest in shipments of rejected 

hazardous wastes or non-empty 

containers containing regulated residues 

(‘‘container residues’’). In addition, the 

manifest rule contained an error 

regarding a designated facility’s 

preparation of a new manifest in certain 

returned shipment situations. Today’s 

rule corrects these omissions and this 

error as follows: 

1. The generator must confirm receipt 

of a returned shipment of rejected 

hazardous wastes or container residues 

by sending a copy of the final hazardous 

waste manifest that accompanied the 

shipment, whether it was a new 

manifest or the generator’s original 

manifest, to the designated facility. 

Today’s rule adds a new paragraph (f) to 

40 CFR 262.23 to reflect this 

requirement. 

The preamble to the May 22, 2001 

proposed manifest rule (66 FR 28240) 

explained the importance of ensuring 

that a shipment returned to the 

generator be verified by the designated 

facility. Hence, it would be necessary 

for the generator to send to the 

designated facility a copy of the final 

manifest. However, the March 2005 

final rule regulatory text inadvertently 

omitted this requirement for the 

generator to send a final copy of the 

manifest to the designated facility, even 

though the proposed rule preamble 

discussion clearly intended this 

requirement. Today’s rule corrects this 

inadvertent omission. 

2. The generator must sign and date 

the manifest accompanying the returned 

shipment of rejected hazardous wastes 

or container residues, provide the 

transporter with a copy of the manifest, 

and retain a copy of the manifest for 

three years. New paragraph (f) to 40 CFR 

262.23, described previously in item 1, 

reflects these requirements as well. 

In the appendix to part 262, the 

instructions for completing the manifest 

require the generator to sign and date 

the manifest for returned shipments 

involving the original manifest 

(generator must sign and date Item 18c 

of the original manifest) or a new 

manifest (generator must sign and date 

Item 20 of the new manifest). Moreover, 

EPA intended to include all of these 

same requirements (which generators 

must currently meet under the manifest 

instructions) to the regulatory text of the 

final manifest rule for returned 

shipments for the purpose of 

completion, but inadvertently omitted 

these requirements. Today’s rule 

corrects these inadvertent omissions. 

3. The generator must comply with 

the Exception reporting requirements of 

40 CFR 262.42(a) or (b) when a 

designated facility forwards its 

hazardous waste or container residues 

to an alternate facility under a new 

manifest. Today’s rule adds a new 

paragraph (c) to 40 CFR 262.42 to reflect 

this requirement. 

The current exception reporting 

requirements in 40 CFR § 262.42 require 

a generator to file an exception report 

when a copy of that signed original 

manifest is not received from the 

designated facility within the specified 

time frame. EPA also intended to 

include, but inadvertently omitted in 

the 2005 final manifest rule, exception 

reporting for hazardous waste 

shipments forwarded to an alternate 

facility by a designated facility using a 

new manifest (following the procedures 

of CFR 264.72(e)(1)–(6)). Specifically, 

EPA intended to require the generator to 

comply with the exception reporting 

requirements of 40 CFR 262.42 (a) or (b) 

when a designated facility forwards 

rejected wastes or container residues to 

an alternate facility using a new 

manifest. Today’s rule corrects this 

inadvertent omission. 

4. The designated facility must mail to 

the generator a signed copy of the new 

manifest included with the shipments of 

rejected loads or container residues that 

are re-shipped to an alternate facility by 

the designated facility under a new 

manifest. Today’s rule amends 

paragraph (e)(6) of 40 CFR 264.72 and 

40 CFR 265.72 to reflect this 

requirement. 

When a designated facility forwards 

to an alternate facility shipments of 

rejected loads or container residues 

under a new manifest, it is important for 

the designated facility also to send the 

generator a copy of the new manifest 

indicating the date on which the 

shipment was accepted by the initial 

transporter that is transporting the 

rejected hazardous waste or container 

residues to the alternate facility. 

Otherwise, the generator cannot 

reasonably determine that the alternate 

facility received the shipment in the 

appropriate time frame in order to fulfill 

its various obligations under the 

manifest regulations. EPA intended to 

include, but inadvertently omitted, this 

requirement in the manifest rule. 

Today’s rule corrects this inadvertent 

omission. 

5. The designated facility must enter 

its own information (instead of the 

generator’s information) in Item 5 of the 

new manifest form when it originates 

the shipments of rejected hazardous 

waste or container residues. Today’s 

rule amends 40 CFR 264.72(f)(1) and 

265.72(f)(1) to correct this error. 

This approach provides the most 

straightforward facility-to-generator 

tracking of waste shipments and was 

explained in the preamble to the May 

22, 2001, proposed rule (66 FR 28240). 

In response to requests for clarification 

of this issue from the regulated 

community and State waste 

management officials, EPA’s Office of 

Solid Waste (OSW) issued a 

memorandum (May 14, 2007) from Matt 

Hale, OSW Office Director, to the 

Regional Waste Division Directors and 

RCRA Enforcement Managers 

acknowledging this error and 

recommending that manifests should be 

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considered compliant if, in cases of 

rejected wastes and container residues, 

designated facilities entered their own 

information in Item 5 of the new 

manifest. In addition, the memo 

indicated that EPA would correct this 

error in the future. A copy of this memo 

is in the Docket for this rulemaking. 

6. The designated facility using a new 

manifest to return a full load or partial 

load of rejected hazardous wastes, or 

container residues, to the generator 

must comply with the exception 

reporting provisions of 40 CFR 

262.42(a). Today’s rule adds new 

paragraph (f)(8) to 40 CFR 264.72 and 

265.72 to reflect this requirement. 

Today’s rule also makes a necessary 

conforming amendment to paragraph 

(f)(7) to 40 CFR 264.72 and 40 CFR 

265.72 to reference new paragraph (f)(8). 

Under today’s rule, the designated 

facility must file an exception report in 

situations when a completed copy of the 

manifest is not received from the 

generator within 35 days of the date that 

the shipment was accepted by the initial 

transporter transporting the shipment. 

This requirement ensures that the 

shipment returned to the generator can 

be verified by the designated facility, as 

explained in the preamble to the May 

22, 2001 proposed manifest rule. EPA 

intended to include, but inadvertently 

omitted, this requirement in the initial 

manifest rule of March 4, 2005. Today’s 

rule corrects this inadvertent omission. 

Table 1 provides a summary of the 

manifest technical corrections. 

TABLE 1—MANIFEST RELATED OMISSIONS AND INACCURACIES CORRECTED IN TODAY’S DIRECT FINAL RULE

Citation Action in today’s 

final rule Summary of added or corrected provision Type of shipment affected (RW&CR = rejected waste and container residues) 

262.23(f) ...................... Add new paragraph (f) Generator (recipient of shipment) must: .........

—sign/complete the manifest. 

—provide a copy of the completed manifest to transporter. 

—send a copy of the completed manifest 

to the Designated Facility (originator of 

shipment). 

—keep a copy of completed manifest. 

RW&CR returned from Designated Facility to 

Generator using a new or an original manifest. 

262.42(c) ..................... Add new paragraph 

(c).

Generator must file an exception report if a 

copy of the signed new manifest is not received from the alternate facility within a 

specified time frame.

RW&CR forwarded from Designated Facility 

to Alternate Facility using a new manifest. 

264.72(e)(6) and 

265.72 (e)(6).

Add new provision to 

existing paragraph 

(6).

Designated Facility must send copy of new 

manifest to the Generator.

RW&CR forwarded from Designated Facility 

to Alternate Facility using a new manifest. 

264.72(f)(1) and 265.72 

(f)(1).

Correct paragraph (1) Designated Facility must enter its own information in Box 5 of the manifest.RW&CR returned from Designated Facility to 

Generator using a new manifest. 

264.72(f)(7) and 265.72 

(f)(7).

Correct references in 

paragraph (7).

Designated Facility using original manifest 

need not comply with new paragraph (8).

RW&CR returned from Designated Facility to 

Generator using the original manifest. 

264.72(f)(8) and 265.72 

(f)(8).

Add new paragraph 

(8).

Designated Facility must comply with the exception reporting requirements for shipments returned to the Generator.RW&CR returned from Designated Facility to 

Generator using a new manifest. 

VI. State Authorization 

A. Applicability of Rules in Authorized 

States 

Under section 3006 of RCRA, EPA 

may authorize a qualified State to 

administer its own hazardous waste 

program within the State in lieu of the 

Federal program. Following 

authorization, EPA retains enforcement 

authority under Sections 3008, 3013, 

and 7003 of RCRA, although authorized 

States have primary enforcement 

responsibility. The standards and 

requirements for State authorization are 

found at 40 CFR part 271. 

Prior to enactment of the Hazardous 

and Solid Waste Amendments of 1984 

(HSWA), a State with final RCRA 

authorization administered its 

hazardous waste program entirely in 

lieu of EPA administering the Federal 

program in that State. The Federal 

requirements no longer applied in the 

authorized State, and EPA could not 

issue permits for any facilities in that 

State, since only the State was 

authorized to issue RCRA permits. 

When new, more stringent Federal 

requirements were promulgated, the 

State was obligated to enact equivalent 

authorities within specified time frames. 

However, the new Federal requirements 

did not take effect in an authorized State 

until the State adopted the Federal 

requirements as State law. 

In contrast, under RCRA section 

3006(g) (42 U.S.C. 6926(g)), which was 

added by HSWA, new requirements and 

prohibitions imposed under HSWA 

authority take effect in authorized States 

at the same time that they take effect in 

unauthorized States. EPA is directed by 

the statute to implement these 

requirements and prohibitions in 

authorized States, including the 

issuance of permits, until the State is 

granted authorization to do so. While 

States must still adopt HSWA related 

provisions as State law to retain final 

authorization, EPA implements the 

HSWA provisions in authorized States 

until the States do so. 

Authorized States are required to 

modify their program only when EPA 

enacts Federal requirements that are 

more stringent or broader in scope than 

the existing Federal requirements. 

RCRA section 3009 allows the States to 

impose standards more stringent than 

those in the Federal program (see also 

40 CFR 271.1). Therefore, authorized 

States may, but are not required to, 

adopt Federal regulations, both HSWA 

and non-HSWA, that are considered less 

stringent than previous Federal 

regulations. 

B. Effect on State Authorization 

Today’s Direct Final rule finalizes 

technical corrections to a number of the 

regulations in 40 CFR parts 260–266, 

268 and 270 that are being promulgated 

in part under the authority of HSWA, 

and in part under non-HSWA authority. 

Thus, the technical corrections and 

clarifications finalized today under nonHSWA authority would be applicable 

on the effective date only in those States 

that do not have final authorization of 

their base RCRA programs. The 

technical corrections to regulations in 

part 268 are promulgated under the 

authority of HSWA and would be 

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effective on the effective date of this 

Direct Final rule in all States unless the 

State is not authorized for the 

underlying provisions. Moreover, 

authorized States are required to modify 

their programs only when EPA 

promulgates Federal regulations that are 

more stringent or broader in scope than 

the authorized State regulations. For 

those changes that are less stringent or 

reduce the scope of the Federal 

program, States are not required to 

modify their program. This is a result of 

section 3009 of RCRA, which allows 

States to impose more stringent 

regulations than the Federal program. 

Today’s Direct Final rule is considered 

to be neither more nor less stringent 

than the current standards. Therefore, 

authorized States would not be required 

to modify their programs to adopt the 

technical corrections promulgated 

today, although we would strongly urge 

the States to adopt these technical 

corrections to avoid any confusion or 

misunderstanding by the regulated 

community and the public. 

One exception to the above discussion 

concerns clarifications of the manifest 

regulations in 40 CFR 262.23. All 

authorized States will be required to 

adopt these revisions in accordance 

with the consistency requirements in 40 

CFR 271.4(c). See 70 FR 10811, March 

4, 2005 for a further discussion of this 

provision. 

VII. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action.’’ 

Accordingly, EPA did not submit this 

action to the Office of Management and 

Budget (OMB) for review under 

Executive Order 12866. 

B. Paperwork Reduction Act 

The information collection 

requirements in this rule have been 

submitted for approval to the Office of 

Management and Budget (OMB) under 

the Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. The information collection 

requirements are not enforceable until 

OMB approves them. As described in 

the preamble, while the recordkeeping 

and reporting requirements related to 

the manifest are not considered new 

requirements, we nevertheless discuss 

the information collection burden under 

the provisions of the Paperwork 

Reduction Act with respect to this 

action. 

The manifest amendments in this 

action impose recordkeeping and 

reporting burden to generators and 

designated facilities subject to these 

manifest changes. However, EPA 

believes that the burden impacts are 

minimal since the changes apply only to 

rejected load shipments and container 

residue shipments that require the 

completion of a new hazardous waste 

manifest. EPA estimates that each 

manifest completed and sent off site by 

a generator (2,074,900) will be delivered 

to the designated treatment, storage or 

disposal facility (TSDF), minus those 

manifests accompanying export 

shipments (19,509 manifests) or lost 

during transport (173 manifests). Hence, 

USEPA estimates that 2,055,218 

manifests will be delivered to the 

designated TSDF. EPA estimates that 

3% of these shipments will be classified 

as rejected loads or container residue 

shipments, and that 50% of these 

shipments would be affected by the 

manifest regulatory amendments in this 

action. Approximately 99% of these 

shipments (30,519) will be sent to an 

alternate facility, and the remaining 1% 

(308) of these shipments will be 

returned to the generator. Most of the 

incremental burden increase will result 

from the proposed changes applicable to 

the estimated 30,519 hazardous waste 

shipments forwarded to an alternate 

facility. However, EPA expects that the 

total national hourly burden will be 

minimal (4,578) hours, since for each 

affected shipment the respondent 

activity associated with the changes 

should require, at most, nine minutes of 

clerical staff time. 

EPA believes that the potential 

recordkeeping and reporting burden 

associated with hazardous waste 

shipments returned to the generator will 

be negligible since the proposed 

changes will only affect 308 shipments 

annually, and only an extremely small 

fraction of those returned shipments 

will require the completion, submission, 

and recordkeeping of an exception 

report. 

As a result of a small increase in the 

number of burden hours, EPA has 

submitted a nonsubstantive change 

request to the Office of Management and 

Budget (OMB) that will modify the 

information collection request (ICR) 

entitled, ‘‘Requirements for Generators, 

Transporters, and Waste Management 

Facilities under the RCRA Hazardous 

Waste Manifest System’’ (EPA ICR 

#0801.16; OMB Control No. 2050–0039) 

to account for this overall change in 

manifest burden hours. Burden is 

defined at 5 CFR 1320.3(b). 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in 40 

CFR are listed in 40 CFR part 9. When 

this ICR is approved by OMB, the 

Agency will publish a technical 

amendment to 40 CFR part 9 in the 

Federal Register to display the OMB 

control number for the approved 

information collection requirements 

contained in this final rule. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to the notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of today’s rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administrations’ regulations at 13 CFR 

121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s Direct Final rule on 

small entities, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. This action simply corrects 

typographical errors, incorrect citations, 

omissions provides clarifications, and 

makes conforming changes where they 

have not been made previously. 

Although this Direct Final rule will 

not have a significant economic impact 

on a substantial number of small 

entities, EPA nonetheless has tried to 

reduce the impact of this rule on small 

entities. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and tribal governments and the private 

sector. Under section 202 of the UMRA, 

EPA generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may result 

in expenditures to State, local, and 

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13000 Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Rules and Regulations 

tribal governments, in the aggregate, or 

to the private sector, of $100 million or 

more in any one year. Before 

promulgating an EPA rule for which a 

written statement is needed, section 205 

of the UMRA generally requires EPA to 

identify and consider a reasonable 

number of regulatory alternatives and 

adopt the least costly, most costeffective or least burdensome alternative 

that achieves the objectives of the rule. 

The provisions of section 205 do not 

apply when they are inconsistent with 

applicable law. Moreover, section 205 

allows EPA to adopt an alternative other 

than the least costly, most cost-effective 

or least burdensome alternative if the 

Administrator publishes with the final 

rule an explanation why that alternative 

was not adopted. Before EPA establishes 

any regulatory requirements that may 

significantly or uniquely affect small 

governments, including tribal 

governments, it must have developed 

under section 203 of the UMRA a small 

government agency plan. The plan must 

provide for notifying potentially 

affected small governments, enabling 

officials of affected small governments 

to have meaningful and timely input in 

the development of EPA regulatory 

proposals with significant Federal 

intergovernmental mandates, and 

informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. 

This action contains no Federal 

mandates (under the regulatory 

provisions of Title II of the UMRA) for 

State, local, or tribal governments or the 

private sector. This Direct Final rule 

corrects typographical errors, incorrect 

citations, omissions, provides 

clarifications, and makes conforming 

changes where they have not been made 

previously. In any event, EPA has 

determined that this rule does not 

contain a Federal mandate that may 

result in expenditures of $100 million or 

more for State, local, and tribal 

governments, in the aggregate, or the 

private sector in any one year. 

Therefore, this action is not subject to 

the requirements of sections 202 or 205 

of the UMRA. This action is also not 

subject to the requirements of section 

203 of UMRA because it contains no 

regulatory requirements that might 

significantly or uniquely affect small 

governments because this rule corrects 

errors in the CFR and clarifies existing 

regulatory language. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. This action 

corrects typographical errors, incorrect 

citations, omissions, provides 

clarifications, and makes conforming 

changes where they have not been made 

previously. Thus, Executive Order 

13132 does not apply to this rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ This action does not have 

tribal implications, as specified in 

Executive Order 13175. It will neither 

impose substantial direct compliance 

costs on tribal governments, nor 

preempt Tribal law because this rule 

corrects typographical errors, incorrect 

citations, omissions, provides 

clarifications, and makes conforming 

changes where they have not been made 

previously. Thus, Executive Order 

13175 does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This action is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997) because it is not economically 

significant as defined in Executive 

Order 12866, and because it is not based 

on environmental health or safety risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through the Office of 

Management and Budget, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

This action does not involve technical 

standards. Therefore, EPA did not 

consider the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this Direct 

Final rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because this rule corrects typographical 

errors, incorrect citations, omissions, 

provides clarifications, and makes 

conforming changes where they have 

not been made previously. These types 

of changes to the rule do not affect the 

level of protection provided to human 

health or the environment. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

information required by the 

Congressional Review Act (5 U.S.C. 801 

et seq., as amended) to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication in the 

Federal Register. A major rule cannot 

take effect until 60 days after it is 

published in the Federal Register. This 

action is not a ‘‘major rule’’ as defined 

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Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Rules and Regulations 13001 

by 5 U.S.C. 804(2). This action is 

effective June 16, 2010. 

List of Subjects 

40 CFR Part 260 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Reporting and 

recordkeeping requirements. 

40 CFR Part 261 

Environmental protection, Hazardous 

waste, Recycling, Reporting and 

recordkeeping requirements. 

40 CFR Part 262 

Environmental protection, Exports, 

Hazardous materials transportation, 

Hazardous waste, Imports, Labeling, 

Packaging and containers, Reporting 

and recordkeeping requirements. 

40 CFR Part 263 

Environmental protection, Hazardous 

materials transportation, Hazardous 

waste, Reporting and recordkeeping 

requirements. 

40 CFR Part 264 

Environmental protection, Air 

pollution control, Hazardous waste, 

Insurance, Packaging and containers, 

Reporting and recordkeeping 

requirements, Security measures, Surety 

bonds. 

40 CFR Part 265 

Environmental protection, Air 

pollution control, Hazardous waste, 

Insurance, Packaging and containers, 

Reporting and recordkeeping 

requirements, Security measures, Surety 

bonds, Water supply. 

40 CFR Part 266 

Environmental protection, Energy, 

Hazardous waste, Recycling, Reporting 

and recordkeeping requirements. 

40 CFR Part 268 

Environmental protection, Hazardous 

waste, Reporting and recordkeeping 

requirements. 

40 CFR Part 270 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous materials transportation, 

Hazardous waste, Reporting and 

recordkeeping requirements, Water 

pollution control, Water supply. 

Dated: March 10, 2010. 

Lisa P. Jackson, 

Administrator. 

■ For the reasons set out in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is amended as 

follows: 

PART 260—HAZARDOUS WASTE 

MANAGEMENT SYSTEM: GENERAL 

■ 1. The authority citation for part 260 

continues to read as follows: 

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

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

and 6974. 

§ 260.10 [Amended] 

■ 2. Amend § 260.10, the definition of 

‘‘New hazardous waste management 

facility or new facility’’ by removing the 

date ‘‘October 21, 1976’’ and adding in 

its place the date ‘‘November 19, 1980’’. 

Appendix I [Removed] 

■ 3. Amend part 260 by removing 

Appendix I. 

PART 261—IDENTIFICATION AND 

LISTING OF HAZARDOUS WASTE 

■ 4. The authority citation for part 261 

continues to read as follows: 

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

6922, 6924(y), and 6938. 

§ 261.1 [Amended] 

■ 5. Amend § 261.1(c)(10) by removing 

the citation ‘‘§ 261.4(a)(13)’’ and adding 

in its place the citation ‘‘§ 261.4(a)(14)’’. 

■ 6. Amend § 261.2(c), Table 1, by 

removing the entry for ‘‘Scrap metal 

other than excluded scrap metal (see 

261.1(c)(9))’’ and adding in its place the 

entry ‘‘Scrap metal that is not excluded 

under § 261.4(a)(13)’’ to read as follows: 

§ 261.2 Definition of Solid Waste 

* * * * * 

(c) * * * 

TABLE 1 

Use constituting 

disposal 

(§ 261.2(c)(1)) 

Energy 

recovery/fuel 

(§ 261.2(c)(2)) 

Reclamation 

(261.2(c)(3)), 

except as 

provided in 

§§ 261.2(a)(2)(ii), 

261.4(a)(17), 

261.4(a)(23), 

261.4(a)(24), or 

261.4(a)(25) 

Speculative 

accumulation 

(§ 261.2(c)(4)) 

1 2 3 4 

* * * * * * * 

Scrap metal that is not excluded under § 261.4(a)(13) ........... (*) (*) (*) (*) 

* * * * * * * 

* * * * * 

§ 261.4 [Amended] 

■ 7. Amend § 261.4, paragraph 

(a)(17)(vi) by removing the citation 

‘‘(a)(7)’’ and adding in its place the 

citation ‘‘(b)(7)’’. 

■ 8. Amend § 261.5 as follows: 

■ a. By revising paragraph (b). 

■ b. By revising paragraph (e). 

■ c. By revising paragraph (f) 

introductory text. 

■ d. By revising paragraph (f)(2). 

■ e. By revising paragraph (g) 

introductory text. 

■ f. By revising paragraph (g)(2) 

§ 261.5 Special requirements for 

hazardous waste generated by conditionally 

exempt small quantity generators. 

* * * * * 

(b) Except for those wastes identified 

in paragraphs (e), (f), (g), and (j) of this 

section, a conditionally exempt small 

quantity generator’s hazardous wastes 

are not subject to regulation under parts 

262 through 268, and parts 270 and 124 

of this chapter, and the notification 

requirements of section 3010 of RCRA, 

provided the generator complies with 

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13002 Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Rules and Regulations 

the requirements of paragraphs (f), (g), 

and (j) of this section. 

* * * * * 

(e) If a generator generates acute 

hazardous waste in a calendar month in 

quantities greater than set forth below, 

all quantities of that acute hazardous 

waste are subject to full regulation 

under parts 262 through 268, and parts 

270 and 124 of this chapter, and the 

notification requirements of section 

3010 of RCRA: 

(1) A total of one kilogram of acute 

hazardous wastes listed in §§ 261.31 or 

261.33(e). 

(2) A total of 100 kilograms of any 

residue or contaminated soil, waste, or 

other debris resulting from the clean-up 

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

of any acute hazardous wastes listed in 

§§ 261.31, or 261.33(e). 

Note to paragraph (e): ‘‘Full 

regulation’’ means those regulations 

applicable to generators of 1,000 kg or 

greater of hazardous waste in a calendar 

month. 

* * * * * 

(f) In order for acute hazardous wastes 

generated by a generator of acute 

hazardous wastes in quantities equal to 

or less than those set forth in paragraphs 

(e)(1) or (e)(2) of this section to be 

excluded from full regulation under this 

section, the generator must comply with 

the following requirements: 

* * * * * 

(2) The generator may accumulate 

acute hazardous waste on-site. If he 

accumulates at any time acute 

hazardous wastes in quantities greater 

than those set forth in paragraph (e)(1) 

or (e)(2) of this section, all of those 

accumulated wastes are subject to 

regulation under parts 262 through 268, 

and parts 270 and 124 of this chapter, 

and the applicable notification 

requirements of section 3010 of RCRA. 

The time period of § 262.34(a) of this 

chapter, for accumulation of wastes onsite, begins when the accumulated 

wastes exceed the applicable exclusion 

limit; 

* * * * * 

(g) In order for hazardous waste 

generated by a conditionally exempt 

small quantity generator in quantities of 

100 kilograms or less of hazardous 

waste during a calendar month to be 

excluded from full regulation under this 

section, the generator must comply with 

the following requirements: 

* * * * * 

(2) The conditionally exempt small 

quantity generator may accumulate 

hazardous waste on-site. If he 

accumulates at any time 1,000 kilograms 

or greater of his hazardous wastes, all of 

those accumulated wastes are subject to 

regulation under the special provisions 

of part 262 applicable to generators of 

greater than 100 kg and less than 1000 

kg of hazardous waste in a calendar 

month as well as the requirements of 

parts 263 through 268, and parts 270 

and 124 of this chapter, and the 

applicable notification requirements of 

section 3010 of RCRA. The time period 

of § 262.34(d) for accumulation of 

wastes on-site begins for a conditionally 

exempt small quantity generator when 

the accumulated wastes equal or exceed 

1000 kilograms; 

* * * * * 

■ 9. Amend § 261.6 as follows: 

■ a. By revising paragraph (a)(2) 

introductory text. 

■ b. By revising paragraph (a)(2)(ii). 

■ c. By revising paragraph (a)(3) 

introductory text. 

■ d. By revising paragraph (c)(1). 

■ e. By revising paragraph (d). 

The revisions read as follows: 

§ 261.6 Requirements for recyclable 

materials. 

(a) * * * 

(2) The following recyclable materials 

are not subject to the requirements of 

this section but are regulated under 

subparts C through N of part 266 of this 

chapter and all applicable provisions in 

parts 268, 270, and 124 of this chapter. 

* * * * * 

(ii) Hazardous wastes burned (as 

defined in section 266.100(a)) in boilers 

and industrial furnaces that are not 

regulated under subpart O of part 264 or 

265 of this chapter (40 CFR part 266, 

subpart H); 

* * * * * 

(3) The following recyclable materials 

are not subject to regulation under parts 

262 through parts 268, 270 or 124 of this 

chapter, and are not subject to the 

notification requirements of section 

3010 of RCRA: 

* * * * * 

(c) (1) Owners and operators of 

facilities that store recyclable materials 

before they are recycled are regulated 

under all applicable provisions of 

subparts A though L, AA, BB, and CC 

of parts 264 and 265, and under parts 

124, 266, 267, 268, and 270 of this 

chapter and the notification 

requirements under section 3010 of 

RCRA, except as provided in paragraph 

(a) of this section. (The recycling 

process itself is exempt from regulation 

except as provided in § 261.6(d).) 

* * * * * 

(d) Owners or operators of facilities 

subject to RCRA permitting 

requirements with hazardous waste 

management units that recycle 

hazardous wastes are subject to the 

requirements of subparts AA and BB of 

part 264, 265 or 267 of this chapter. 

■ 10. Amend § 261.7 as follows: 

■ a. By revising paragraph (a). 

■ b. By revising paragraph (b)(1) 

introductory text. 

■ c. By revising paragraph (b)(3) 

introductory text. 

The revisions read as follows: 

§ 261.7 Residues of hazardous waste in 

empty containers. 

(a)(1) Any hazardous waste remaining 

in either: an empty container; or an 

inner liner removed from an empty 

container, as defined in paragraph (b) of 

this section, is not subject to regulation 

under parts 261 through 268, 270, or 

124 this chapter or to the notification 

requirements of section 3010 of RCRA. 

(2) Any hazardous waste in either a 

container that is not empty or an inner 

liner removed from a container that is 

not empty, as defined in paragraph (b) 

of this section, is subject to regulation 

under parts 261 through 268, 270 and 

124 of this chapter and to the 

notification requirements of section 

3010 of RCRA. 

(b)(1) A container or an inner liner 

removed from a container that has held 

any hazardous waste, except a waste 

that is a compressed gas or that is 

identified as an acute hazardous waste 

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

chapter is empty if: 

* * * * * 

(3) A container or an inner liner 

removed from a container that has held 

an acute hazardous waste listed in 

§§ 261.31 or 261.33(e) is empty if: 

* * * * * 

■ 11. Amend § 261.23 by revising 

paragraph (a)(8) to read as follows: 

§ 261.23 Characteristic of reactivity. 

(a) * * * 

(8) It is a forbidden explosive as 

defined in 49 CFR 173.54, or is a 

Division 1.1, 1.2 or 1.3 explosive as 

defined in 49 CFR 173.50 and 173.53. 

* * * * * 

■ 12. Amend § 261.30 by revising 

paragraphs (c) and (d) to read as follows: 

§ 261.30 General. 

* * * * * 

(c) Each hazardous waste listed in this 

subpart is assigned an EPA Hazardous 

Waste Number which precedes the 

name of the waste. This number must be 

used in complying with the notification 

requirements of Section 3010 of the Act 

and certain recordkeeping and reporting 

requirements under parts 262 through 

265, 267, 268, and 270 of this chapter. 

(d) The following hazardous wastes 

listed in § 261.31 are subject to the 

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Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Rules and Regulations 13003 

exclusion limits for acutely hazardous 

wastes established in § 261.5: EPA 

Hazardous Wastes Nos. F020, F021, 

F022, F023, F026 and F027. 

■ 13. In § 261.31(a), the table is 

amended by revising the entry for F037 

to read as follows: 

§ 261.31 Hazardous wastes from nonspecific sources. 

* * * * * 

(a) * * * 

Industry and EPA 

hazardous waste No. Hazardous waste Hazard code 

* * * * * * * 

F037 .......................... Petroleum refinery primary oil/water/solids separation sludge—Any sludge generated from the gravitational 

separation of oil/water/solids during the storage or treatment of process wastewaters and oily cooling 

wastewaters from petroleum refineries. Such sludges include, but are not limited to, those generated in 

oil/water/solids separators; tanks and impoundments; ditches and other conveyances; sumps; and 

stormwater units receiving dry weather flow. Sludge generated in stormwater units that do not receive dry 

weather flow, sludges generated from non-contact once-through cooling waters segregated for treatment 

from other process or oily cooling waters, sludges generated in aggressive biological treatment units as 

defined in § 261.31(b)(2) (including sludges generated in one or more additional units after wastewaters 

have been treated in aggressive biological treatment units) and K051 wastes are not included in this listing. This listing does include residuals generated from processing or recycling oil-bearing hazardous secondary materials excluded under § 261.4(a)(12)(i), if those residuals are to be disposed of.

(T) 

* * * * * * * 

* * * * * 

■ 14. In § 261.32(a), the table is 

amended as follows: 

■ a. Under the heading ‘‘organic 

chemicals’’, revise the entry for ‘‘K107’’. 

■ b. Remove the heading ‘‘Primary 

copper:’’. 

■ c. Remove the heading ‘‘Primary 

lead:’’. 

■ d. Remove the heading ‘‘Primary 

zinc:’’. 

■ e. Remove the heading ‘‘Ferroalloys:’’. 

The revision reads as follows: 

§ 261.32 Hazardous wastes from specific 

sources 

* * * * * 

(a)* * * 

Industry and EPA 

hazardous waste No. Hazardous waste Hazard code 

* * * * * * * 

Organic chemicals 

* * * * * * * 

K107 .......................... Column bottoms from product separation from the production of 1,1 dimethylhydrazine (UDMH) from carboxylic hydrazides.(C,T) 

* * * * * * * 

* * * * * 

■ 15. In § 261.33(f), the table is amended 

by revising the entry for U239 to read 

as follows: 

§ 261.33 Discarded commercial chemical 

products, off-specification species, 

container residues, and spill residues 

thereof. 

* * * * * 

(f) * * * 

Hazardous waste No. Chemical abstracts No. Substance 

* * * * * * * 

U239 ................................................................................. 1330–20–7 ....................................................................... Benzene, dimethyl- (I) 

* * * * * * * 

* * * * * 

Appendix VII [Amended] 

■ 16. Section 261, Appendix VII is 

amended by removing in its entirety the 

entries for EPA Hazardous Waste Nos. 

‘‘K064,’’ ‘‘K065,’’ ‘‘K066,’’ ‘‘K090,’’ and 

‘‘K091’’. 

PART 262—STANDARDS APPLICABLE 

TO GENERATORS OF HAZARDOUS 

WASTE 

■ 17. The authority citation for part 262 

continues to read as follows: 

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

6925, 6937, and 6938. 

■ 18. Amend § 262.10 as follows: 

■ a. By revising paragraph (f). 

■ b. By revising paragraph (j)(1) 

introductory text (table remains 

unchanged). 

■ c. By revising paragraph (k). 

§ 262.10 Purpose, scope and applicability. 

* * * * * 

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13004 Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Rules and Regulations 

(f) A farmer who generates waste 

pesticides which are hazardous waste 

and who complies with all of the 

requirements of § 262.70 is not required 

to comply with other standards in this 

part or 40 CFR parts 270, 264, 265, 267, 

or 268 with respect to such pesticides. 

* * * * * 

(j)(1) Universities that are 

participating in the Laboratory XL 

project are the University of 

Massachusetts Boston in Boston, 

Massachusetts, Boston College in 

Chestnut Hill, Massachusetts, and the 

University of Vermont in Burlington, 

Vermont (‘‘Universities’’). The 

Universities generate laboratory wastes 

(as defined in § 262.102), some of which 

will be hazardous wastes. As long as the 

Universities comply with all the 

requirements of subpart J of this part the 

Universities’ laboratories that are 

participating in the University 

Laboratories XL Project as identified in 

Table 1 of this section, are not subject 

to the provisions of §§ 262.11, 262.34(c), 

40 CFR parts 264 and 265, 267, and the 

permit requirements of 40 CFR part 270 

with respect to said laboratory wastes. 

* * * * * 

(k) Generators in the Commonwealth 

of Massachusetts may comply with the 

State regulations regarding Class A 

recyclable materials in 310 C.M.R. 

30.200, when authorized by the EPA 

under 40 CFR part 271, with respect to 

those recyclable materials and matters 

covered by the authorization, instead of 

complying with the hazardous waste 

accumulation requirements of § 262.34, 

the reporting requirements of § 262.41, 

the storage facility operator 

requirements of 40 CFR parts 264, 265 

and 267, and the permitting 

requirements of 40 CFR part 270. Such 

generators must also comply with any 

other applicable requirements, 

including any applicable authorized 

State regulations governing hazardous 

wastes not being recycled and any 

applicable Federal requirements which 

are being directly implemented by the 

EPA within Massachusetts pursuant to 

the Hazardous and Solid Waste 

Amendments of 1984. 

* * * * * 

■ 19. Amend § 262.11 by revising 

paragraph (d) to read as follows: 

§ 262.11 Hazardous waste determination. 

* * * * * 

(d) If the waste is determined to be 

hazardous, the generator must refer to 

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

273 of this chapter for possible 

exclusions or restrictions pertaining to 

management of the specific waste. 

■ 20. Amend § 262.23 by adding 

paragraph (f) to read as follows: 

§ 262.23 Use of the manifest. 

* * * * * 

(f) For rejected shipments of 

hazardous waste or container residues 

contained in non-empty containers that 

are returned to the generator by the 

designated facility (following the 

procedures of 40 CFR 264.72(f) or 

265.72(f)), the generator must: 

(1) Sign either: 

(i) Item 20 of the new manifest if a 

new manifest is used for the returned 

shipment; or 

(ii) Item 18c of the original manifest 

if the original manifest is used for the 

returned shipment; 

(2) Provide the transporter a copy of 

the manifest; 

(3) Within 30 days of delivery of the 

rejected shipment or container residues 

contained in non-empty containers, 

send a copy of the manifest to the 

designated facility that returned the 

shipment to the generator; and 

(4) Retain at the generator’s site a 

copy of each manifest for at least three 

years from the date of delivery. 

■ 21. Amend § 262.34 as follows: 

■ a. By revising paragraph (a) 

introductory text. 

■ b. By removing the undesignated 

sentence after paragraph (a)(1)(iv)(B). 

■ c. By revising paragraph (a)(2). 

■ d. By revising paragraph (a)(4). 

■ e. By adding paragraph (a)(5) 

■ f. By revising paragraph (b). 

■ g. By revising paragraph (c)(1) 

introductory text. 

■ h. By revising paragraph (c)(2). 

■ i. By revising paragraph (d)(4). 

■ j. By revising paragraph (f). 

■ k. By revising paragraph (i). 

The revisions and addition read as 

follows: 

§ 262.34 Accumulation time. 

(a) A generator who generates 1,000 

kilograms or greater of hazardous waste 

in a calendar month, or greater than 1 

kg of acute hazardous waste listed in 

§§ 261.31 or 261.33(e) in a calendar 

month, may accumulate hazardous 

waste on-site for 90 days or less without 

a permit or without having interim 

status, provided that: 

* * * * * 

(2) The date upon which each period 

of accumulation begins is clearly 

marked and visible for inspection on 

each container and tank; 

* * * * * 

(4) The generator complies with the 

requirements for owners or operators in 

subparts C and D in 40 CFR part 265, 

with § 265.16, and with all applicable 

requirements under 40 CFR part 268. 

(5) Generators accumulating 

hazardous waste on-site for 90 days or 

less without a permit or without having 

interim status are exempt from all the 

requirements in subparts G and H of 40 

CFR part 265, except for 40 CFR 265.111 

and 265.114. 

(b) A generator of 1,000 kilograms or 

greater of hazardous waste in a calendar 

month, or greater than 1 kg of acute 

hazardous waste listed in §§ 261.31 or 

261.33(e) in a calendar month, who 

accumulates hazardous waste or acute 

hazardous waste for more than 90 days 

is an operator of a storage facility and 

is subject to the requirements of 40 CFR 

parts 264, 265, and 267 and the permit 

requirements of 40 CFR part 270 unless 

he 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)(1) A generator may accumulate as 

much as 55 gallons of hazardous waste 

or one quart of acutely hazardous waste 

listed in § 261.31 or § 261.33(e) in 

containers at or near any point of 

generation where wastes initially 

accumulate which is under the control 

of the operator of the process generating 

the waste, without a permit or interim 

status and without complying with 

paragraph (a) or (d) of this section 

provided he: 

* * * * * 

(2) A generator who accumulates 

either hazardous waste or acutely 

hazardous waste listed in § 261.31 or 

§ 261.33(e) in excess of the amounts 

listed in paragraph (c)(1) of this section 

at or near any point of generation must, 

with respect to that amount of excess 

waste, comply within three days with 

paragraph (a) of this section or other 

applicable provisions of this chapter. 

During the three day period the 

generator must continue to comply with 

paragraphs (c)(1)(i) and (ii) of this 

section. The generator must mark the 

container holding the excess 

accumulation of hazardous waste with 

the date the excess amount began 

accumulating. 

* * * * * 

(d) * * * 

(4) The generator complies with the 

requirements of paragraphs (a)(2) and 

(a)(3) of this section, the requirements of 

subpart C of part 265, with all 

applicable requirements under 40 CFR 

part 268; and 

* * * * * 

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Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Rules and Regulations 13005 

(f) A generator who generates greater 

than 100 kilograms but less than 1000 

kilograms of hazardous waste in a 

calendar month and who accumulates 

hazardous waste in quantities exceeding 

6000 kg or accumulates hazardous waste 

for more than 180 days (or for more than 

270 days if he must transport his waste, 

or offer his waste for transportation, 

over a distance of 200 miles or more) is 

an operator of a storage facility and is 

subject to the requirements of 40 CFR 

parts 264, 265 and 267, and the permit 

requirements of 40 CFR part 270 unless 

he has been granted an extension to the 

180-day (or 270-day if applicable) 

period. Such extension may be granted 

by EPA if hazardous wastes must 

remain on-site for longer than 180 days 

(or 270 days if applicable) due to 

unforeseen, temporary, and 

uncontrollable circumstances. An 

extension of up to 30 days may be 

granted at the discretion of the Regional 

Administrator on a case-by-case basis. 

* * * * * 

(i) A generator accumulating F006 in 

accordance with paragraphs (g) and (h) 

of this section who accumulates F006 

waste on-site for more than 180 days (or 

for more than 270 days if the generator 

must transport this waste, or offer this 

waste for transportation, over a distance 

of 200 miles or more), or who 

accumulates more than 20,000 

kilograms of F006 waste on-site is an 

operator of a storage facility and is 

subject to the requirements of 40 CFR 

parts 264, 265 and 267, and the permit 

requirements of 40 CFR part 270 unless 

the generator has been granted an 

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

applicable) period or an exception to the 

20,000 kilogram accumulation limit. 

Such extensions and exceptions may be 

granted by EPA if F006 waste must 

remain on-site for longer than 180 days 

(or 270 days if applicable) or if more 

than 20,000 kilograms of F006 waste 

must remain on-site due to unforeseen, 

temporary, and uncontrollable 

circumstances. An extension of up to 30 

days or an exception to the 

accumulation limit may be granted at 

the discretion of the Regional 

Administrator on a case-by-case basis. 

* * * * * 

■ 22. Amend § 262.41 by revising 

paragraph (b) to read as follows: 

§ 262.41 Biennial report. 

* * * * * 

(b) Any generator who treats, stores, 

or disposes of hazardous waste on-site 

must submit a biennial report covering 

those wastes in accordance with the 

provisions of 40 CFR parts 270, 264, 

265, 266, and 267. Reporting for exports 

of hazardous waste is not required on 

the Biennial Report form. A separate 

annual report requirement is set forth at 

40 CFR 262.56. 

* * * * * 

■ 23. Amend § 262.42 as follows: 

■ a. By revising paragraph (a)(1). 

■ b. By revising paragraph (a)(2) 

introductory text. 

■ c. By adding paragraph (c). 

The revisions and addition read as 

follows: 

§ 262.42 Exception reporting. 

(a)(1) A generator of 1,000 kilograms 

or greater of hazardous waste in a 

calendar month, or greater than 1 kg of 

acute hazardous waste listed in § 261.31 

or § 261.33(e) in a calendar month, who 

does not receive a copy of the manifest 

with the handwritten signature of the 

owner or operator of the designated 

facility within 35 days of the date the 

waste was accepted by the initial 

transporter must contact the transporter 

and/or the owner or operator of the 

designated facility to determine the 

status of the hazardous waste. 

(2) A generator of 1,000 kilograms or 

greater of hazardous waste in a calendar 

month, or greater than 1 kg of acute 

hazardous waste listed in § 261.31or 

§ 261.33(e) in a calendar month, must 

submit an Exception Report to the EPA 

Regional Administrator for the Region 

in which the generator is located if he 

has not received a copy of the manifest 

with the handwritten signature of the 

owner or operator of the designated 

facility within 45 days of the date the 

waste was accepted by the initial 

transporter. The Exception Report must 

include: 

* * * * * 

(c) For rejected shipments of 

hazardous waste or container residues 

contained in non-empty containers that 

are forwarded to an alternate facility by 

a designated facility using a new 

manifest (following the procedures of 40 

CFR 264.72(e)(1) through (6) or 40 CFR 

265.72(e)(1) through (6)), the generator 

must comply with the requirements of 

paragraph (a) or (b) of this section, as 

applicable, for the shipment forwarding 

the material from the designated facility 

to the alternate facility instead of for the 

shipment from the generator to the 

designated facility. For purposes of 

paragraph (a) or (b) of this section for a 

shipment forwarding such waste to an 

alternate facility by a designated facility: 

(1) The copy of the manifest received 

by the generator must have the 

handwritten signature of the owner or 

operator of the alternate facility in place 

of the signature of the owner or operator 

of the designated facility, and 

(2) The 35/45/60-day timeframes 

begin the date the waste was accepted 

by the initial transporter forwarding the 

hazardous waste shipment from the 

designated facility to the alternate 

facility. 

§ 262.60 [Amended] 

■ 24. Amend § 262.60(b) introductory 

text by removing the citation 

‘‘§ 262.20(a)’’ and adding in its place 

‘‘§ 262.20’’. 

PART 263—STANDARDS APPLICABLE 

TO TRANSPORTERS OF HAZARDOUS 

WASTE 

■ 25. The authority citation for part 263 

continues to read as follows: 

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

and 6925. 

■ 26. Revise § 263.12 to read as follows: 

§ 263.12 Transfer facility requirements. 

A transporter who stores manifested 

shipments of hazardous waste in 

containers meeting the requirements of 

§ 262.30 at a transfer facility for a period 

of ten days or less is not subject to 

regulation under parts 270, 264, 265, 

267, and 268 of this chapter with 

respect to the storage of those wastes. 

PART 264—STANDARDS FOR 

OWNERS AND OPERATORS OF 

HAZARDOUS WASTE TREATMENT, 

STORAGE, AND DISPOSAL 

FACILITIES 

■ 27. The authority citation for part 264 

continues to read as follows: 

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

and 6925. 

§ 264.52 [Amended] 

■ 28. Amend § 264.52(b) in the first 

sentence by removing the words ‘‘, or 

part 1510 of chapter V’’. 

§ 264.56 [Amended] 

■ 29. Amend paragraph § 264.56(d)(2) 

introductory text by removing the 

parenthetical phrase ‘‘(in the applicable 

regional contingency plan under part 

1510 of this title)’’. 

■ 30. Amend § 264.72 as follows: 

■ a. By revising paragraph (e)(6). 

■ b. By revising paragraph (f)(1). 

■ c. By revising paragraph (f)(7). 

■ d. By adding paragraph (f)(8). 

The revisions and addition read as 

follows: 

§ 264.72 Manifest discrepancies. 

* * * * * 

(e) * * * 

(6) Sign the Generator’s/Offeror’s 

Certification to certify, as the offeror of 

the shipment, that the waste has been 

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properly packaged, marked and labeled 

and is in proper condition for 

transportation, and mail a signed copy 

of the manifest to the generator 

identified in Item 5 of the new manifest. 

* * * * * 

(f) * * * 

(1) Write the facility’s U.S. EPA ID 

number in Item 1 of the new manifest. 

Write the facility’s name and mailing 

address in Item 5 of the new manifest. 

If the mailing address is different from 

the facility’s site address, then write the 

facility’s site address in the designated 

space for Item 5 of the new manifest. 

* * * * * 

(7) For full load rejections that are 

made while the transporter remains at 

the facility, the facility may return the 

shipment to the generator with the 

original manifest by completing Item 

18a and 18b of the manifest and 

supplying the generator’s information in 

the Alternate Facility space. The facility 

must retain a copy for its records and 

then give the remaining copies of the 

manifest to the transporter to 

accompany the shipment. If the original 

manifest is not used, then the facility 

must use a new manifest and comply 

with paragraphs (f)(1), (2), (3), (4), (5), 

(6), and (8) of this section. 

(8) For full or partial load rejections 

and container residues contained in 

non-empty containers that are returned 

to the generator, the facility must also 

comply with the exception reporting 

requirements in § 262.42(a). 

* * * * * 

§ 264.314 [Amended] 

■ 31. In § 264.314, amend paragraph (d) 

introductory text by revising ‘‘(e)(1)’’ to 

read ‘‘(d)(1)’’ and by revising ‘‘(e)(2)’’ to 

read ‘‘(d)(2)’’. 

§ 264.316 [Amended] 

■ 32. In § 264.316, amend paragraph (b) 

by removing the citation ‘‘§ 264.314(e)’’ 

and adding in its place ‘‘§ 264.314(d)’’. 

§ 264.552 [Amended] 

■ 33. Amend § 264.552 as follows: 

■ a. In paragraph (a)(3)(ii), remove the 

citation ‘‘§ 264.314(d)’’ and add in its 

place ‘‘§ 264.314(c)’’; 

■ b. In paragraph (a)(3)(iii), remove the 

citation ‘‘§ 264.314(f)’’ and add in its 

place ‘‘§ 264.314(e)’’; 

■ c. In paragraph (a)(3)(iv), remove the 

citation ‘‘§ 264.314(c)’’ and add in its 

place ‘‘§ 264.314(b)’’ and remove the 

citation ‘‘§ 264.314(e)’’ and add in its 

place ‘‘§ 264.314(d)’’; and 

■ d. In paragraph (e)(4)(iv)(F), remove 

the citation ‘‘260.11(a)(11)’’ and add in 

its place ‘‘260.11(c)(3)(v)’’. 

PART 265—INTERIM STATUS 

STANDARDS FOR OWNERS AND 

OPERATORS OF HAZARDOUS WASTE 

TREATMENT, STORAGE, AND 

DISPOSAL FACILITIES 

■ 34. The authority citation for part 265 

continues to read as follows: 

Authority: 42 U.S.C. 6905, 6912, 6922– 

6925, 6935–6937, unless otherwise noted. 

§ 265.52 [Amended] 

■ 35. Amend paragraph § 265.52(b) in 

the first sentence by removing the words 

‘‘or part 1510 of chapter V’’. 

§ 265.56 [Amended] 

■ 36. Amend § 265.56(d)(2) by removing 

the parenthetical phrase ‘‘(in the 

applicable regional contingency plan 

under part 1510 of this title)’’. 

■ 37. Amend § 265.72 as follows: 

■ a. By revising paragraph (e)(6). 

■ b. By revising paragraph (f)(1). 

■ c. By revising paragraph (f)(7). 

■ d. By adding paragraph (f)(8). 

The revisions and addition read as 

follows: 

§ 265.72 Manifest discrepancies. 

* * * * * 

(e) * * * 

(6) Sign the Generator’s/Offeror’s 

Certification to certify, as the offeror of 

the shipment, that the waste has been 

properly packaged, marked and labeled 

and is in proper condition for 

transportation, and mail a signed copy 

of the manifest to the generator 

identified in Item 5 of the new manifest. 

* * * * * 

(f) * * * 

(1) Write the facility’s U.S. EPA ID 

number in Item 1 of the new manifest. 

Write the facility’s name and mailing 

address in Item 5 of the new manifest. 

If the mailing address is different from 

the facility’s site address, then write the 

facility’s site address in the designated 

space for Item 5 of the new manifest. 

* * * * * 

(7) For full load rejections that are 

made while the transporter remains at 

the facility, the facility may return the 

shipment to the generator with the 

original manifest by completing Item 

18a and 18b of the manifest and 

supplying the generator’s information in 

the Alternate Facility space. The facility 

must retain a copy for its records and 

then give the remaining copies of the 

manifest to the transporter to 

accompany the shipment. If the original 

manifest is not used, then the facility 

must use a new manifest and comply 

with paragraphs (f)(1), (2), (3), (4), (5), 

(6), and (8) of this section. 

(8) For full or partial load rejections 

and container residues contained in 

non-empty containers that are returned 

to the generator, the facility must also 

comply with the exception reporting 

requirements in § 262.42(a). 

* * * * * 

§ 265.314 [Amended] 

■ 38. In § 265.314, amend paragraph (e) 

introductory text by removing the 

citation ‘‘(f)(1)’’ and adding in its place 

‘‘(e)(1)’’ and by removing the citation 

‘‘(f)(2)’’ and adding in its place ‘‘(e)(2)’’. 

§ 265.316 [Amended] 

■ 39. In § 265.316, amend paragraph (b) 

by removing the citation ‘‘§ 265.314(f)’’ 

and adding in its place ‘‘§ 265.314(e)’’. 

PART 266—STANDARDS FOR THE 

MANAGEMENT OF SPECIFIC 

HAZARDOUS WASTES AND SPECIFIC 

TYPES OF HAZARDOUS WASTE 

MANAGEMENT FACILITIES 

■ 40. The authority citation for part 266 

continues to read as follows: 

Authority: 42 U.S.C. 6905, 6912, 6922– 

6925, 6935–6937, unless otherwise noted. 

■ 41. Amend § 266.20 by revising 

paragraph (b) to read as follows: 

§ 266.20 Applicability. 

* * * * * 

(b) Products produced for the general 

public’s use that are used in a manner 

that constitutes disposal and that 

contain recyclable materials are not 

presently subject to regulation if the 

recyclable materials have undergone a 

chemical reaction in the course of 

producing the products so as to become 

inseparable by physical means and if 

such products meet the applicable 

treatment standards in subpart D of part 

268 (or applicable prohibition levels in 

§ 268.32 of this chapter or RCRA section 

3004(d), where no treatment standards 

have been established) for each 

recyclable material (i.e., hazardous 

waste) that they contain, and the 

recycler complies with § 268.7(b)(6) of 

this chapter. 

* * * * * 

■ 42. Revise § 266.22 to read as follows: 

§ 266.22 Standards applicable to storers of 

materials that are to be used in a manner 

that constitutes disposal who are not the 

ultimate users. 

Owners or operators of facilities that 

store recyclable materials that are to be 

used in a manner that constitutes 

disposal, but who are not the ultimate 

users of the materials, are regulated 

under all applicable provisions of 

subparts A through L of parts 264, 265 

and 267, and parts 270 and 124 of this 

chapter and the notification requirement 

under section 3010 of RCRA. 

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Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Rules and Regulations 13007 

■ 43. Amend § 266.70 by revising 

paragraph (d) to read as follows: 

§ 266.70 Applicability and requirements. 

* * * * * 

(d) Recyclable materials that are 

regulated under this subpart that are 

accumulated speculatively (as defined 

in § 261.1(c) of this chapter) are subject 

to all applicable provisions of parts 262 

through 265, 267, 270, and 124 of this 

chapter. 

§ 266.80 [Amended] 

■ 44. Amend § 266.80 by adding 

paragraphs (b)(1)(viii) and (b)(2)(viii) to 

read as follows: 

§ 266.80 Applicability and requirements. 

* * * * * 

(b) * * * 

(1) * * * 

(viii) All applicable provisions in part 

267 of this chapter. 

(2) * * * 

(viii) All applicable provisions in part 

267 of this chapter. 

■ 45. Amend § 266.101 by revising 

paragraph (c) to read as follows: 

§ 266.101 Management prior to burning. 

* * * * * 

(c) Storage and treatment facilities. (1) 

Owners and operators of facilities that 

store or treat hazardous waste that is 

burned in a boiler or industrial furnace 

are subject to the applicable provisions 

of parts 264, 265, 267 and 270 of this 

chapter, except as provided by 

paragraph (c)(2) of this section. These 

standards apply to storage and treatment 

by the burner as well as to storage and 

treatment facilities operated by 

intermediaries (processors, blenders, 

distributors, etc.) between the generator 

and the burner. 

(2) Owners and operators of facilities 

that burn, in an onsite boiler or 

industrial furnace exempt from 

regulation under the small quantity 

burner provisions of § 266.108, 

hazardous waste that they generate are 

exempt from the regulations of parts 

264, 265, 267 and 270 of this chapter 

applicable to storage units for those 

storage units that store mixtures of 

hazardous waste and the primary fuel to 

the boiler or industrial furnace in tanks 

that feed the fuel mixture directly to the 

burner. Storage of hazardous waste prior 

to mixing with the primary fuel is 

subject to regulation as prescribed in 

paragraph (c)(1) of this section. 

PART 268—LAND DISPOSAL 

RESTRICTIONS 

■ 46. The authority citation for part 268 

continues to read as follows: 

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

and 6924. 

■ 47. In § 268.40(j), the table ‘‘Treatment 

Standards for Hazardous Wastes,’’ is 

amended as follows: 

■ a. By revising the entry for F025. 

■ b. By revising the entry for K031. 

■ c. By revising the entry for K156. 

■ d. By revising the entry for K157. 

■ e. By revising the entry for K158. 

§ 268.40 Applicability of treatment 

standards. 

* * * * * 

(j) * * * 

TREATMENT STANDARDS FOR HAZARDOUS WASTES

[Note: NA means not applicable] 

Waste 

code 

Waste description and 

treatment/ 

regulatory 

subcategory 1

Regulated hazardous constituent Wastewaters Nonwastewaters 

Common name CAS2 No. 

Concentration 3 in mg/L; 

or technology 

code 4

Concentration 5

in mg/kg unless 

noted as ‘‘mg/L 

TCLP’’; or technology code 4

* * * * * * * 

F025 ... Condensed light ends from the production of certain 

chlorinated aliphatic hydrocarbons, by free radical 

catalyzed processes. These chlorinated aliphatic 

hydrocarbons are those having carbon chain 

lengths ranging from one to and including five, with 

varying amounts and positions of chlorine substitution. F025—Light Ends Subcategory.

Carbon tetrachloride ......

Chloroform .....................

1,2-Dichloroethane ........

1,1-Dichloroethylene ......

Methylene chloride ........

1,1,2-Trichloroethane .....

Trichloroethylene ...........

Vinyl chloride .................

56–23–5 

67–66–3 

107–06–2 

75–35–4 

75–9–2 

79–00–5 

79–01–6 

75–01–4 

0.057 

0.046 

0.21 

0.025 

0.089 

0.054 

0.054 

0.27 

6.0 

6.0 

6.0 

6.0 

30 

6.0 

6.0 

6.0 

Spent filters and filter aids, and spent desiccant 

wastes from the production of certain chlorinated 

aliphatic hydrocarbons, by free radical catalyzed 

processes. These chlorinated aliphatic hydrocarbons are those having carbon chain lengths 

ranging from one to and including five, with varying 

amounts and positions of chlorine substitution. 

F025—Spent Filters/Aids and Desiccants Subcategory.

Carbon tetrachloride ......

Chloroform .....................

Hexachlorobenzene .......

Hexachlorobutadiene .....

Hexachloroethane ..........

Methylene chloride ........

1,1,2-Trichloroethane .....

Trichloroethylene ...........

Vinyl chloride .................

56–23–5 

67–66–3 

118–74–1 

87–68–3 

67–72–1 

75–9–2 

79–00–5 

79–01–6 

75–01–4 

0.057 

0.046 

0.055 

0.055 

0.055 

0.089 

0.054 

0.054 

0.27 

6.0 

6.0 

10 

5.6 

30 

30 

6.0 

6.0 

6.0 

* * * * * * * 

K031 ... By-product salts generated in the production of 

MSMA and cacodylic acid.

Arsenic ........................... 7440–38–2 1.4 5.0 mg/L TCLP. 

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13008 Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Rules and Regulations 

TREATMENT STANDARDS FOR HAZARDOUS WASTES—Continued 

[Note: NA means not applicable] 

Waste 

code 

Waste description and 

treatment/ 

regulatory 

subcategory 1

Regulated hazardous constituent Wastewaters Nonwastewaters 

Common name CAS2 No. 

Concentration 3 in mg/L; 

or technology 

code 4

Concentration 5

in mg/kg unless 

noted as ‘‘mg/L 

TCLP’’; or technology code 4

* * * * * * * 

K156 ... Organic waste (including heavy ends, still bottoms, 

light ends, spent solvents, filtrates, and decantates) 

from the production of carbamates and carbamoyl 

oximes (This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl nbutylcarbamate.).

Acetonitrile .....................

Acetophenone ................

Aniline ............................

Benomyl .........................

Benzene .........................

Carbaryl .........................

Carbenzadim .................

Carbofuran .....................

Carbosulfan ...................

Chlorobenzene ..............

Chloroform .....................

o-Dichlorobenzene .........

Methomyl .......................

Methylene chloride ........

Methyl ethyl ketone .......

Naphthalene ..................

Phenol ............................

Pyridine ..........................

Toluene ..........................

Triethylamine .................

75–05–8 

98–86–2 

62–53–3 

17804–35–2 

71–43–2 

63–25–2 

10605–21–7 

1563–66–2 

55285–14–8 

108–90–7 

67–66–3 

95–50–1 

16752–77–5 

75–09–2 

78–93–3 

91–20–3 

108–95–2 

110–86–1 

108–88–3 

121–44–8 

5.6 

0.010 

0.81 

0.056 

0.14 

0.006 

0.056 

0.006 

0.028 

0.057 

0.046 

0.088 

0.028 

0.089 

0.28 

0.059 

0.039 

0.014 

0.080 

0.081 

1.8 

9.7 

14 

1.4 

10 

0.14 

1.4 

0.14 

1.4 

6.0 

6.0 

6.0 

0.14 

30 

36 

5.6 

6.2 

16 

10 

1.5 

K157 ... Wastewaters (including scrubber waters, condenser 

waters, washwaters, and separation waters) from 

the production of carbamates and carbamoyl 

oximes (This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl nbutylcarbamate.) 

Carbon tetrachloride ......

Chloroform .....................

Chloromethane ..............

Methomyl .......................

Methylene chloride ........

Methyl ethyl ketone .......

Pyridine ..........................

Triethylamine .................

56–23–5 

67–66–3 

74–87–3 

16752–77–5 

75–09–2 

78–93–3 

110–86–1 

121–44–8 

0.057 

0.046 

0.19 

0.028 

0.089 

0.28 

0.014 

0.081 

6.0 

6.0 

30 

0.14 

30 

36 

16 

1.5 

K158 ... Bag house dusts and filter/separation solids from the 

production of carbamates and carbamoyl oximes 

(This listing does not apply to wastes generated 

from the manufacture of 3-iodo-2-propynyl nbutylcarbamate.).

Benomyl .........................

Benzene .........................

Carbenzadim .................

Carbofuran .....................

Carbosulfan ...................

Chloroform .....................

Methylene chloride ........

Phenol ............................

17804–35–2 

71–43–2 

10605–21–7 

1563–66–2 

55285–14–8 

67–66–3 

75–09–2 

108–95–2 

0.056 

0.14 

0.056 

0.006 

0.028 

0.046 

0.089 

0.039 

1.4 

10 

1.4 

0.14 

1.4 

6.0 

30 

6.2 

* * * * * * * 

* * * * * 

Footnotes to Treatment Standard Table 

268.40 

1. The waste descriptions provided in this 

table do not replace waste descriptions in 40 

CFR 261. Descriptions of Treatment/ 

Regulatory Subcategories are provided, as 

needed, to distinguish between applicability 

of different standards. 

2. CAS means Chemical Abstract Services. 

When the waste code and/or regulated 

constituents are described as a combination 

of a chemical with its salts and/or esters, the 

CAS number is given for the parent 

compound only. 

3. Concentration standards for wastewaters 

are expressed in mg/L and are based on 

analysis of composite samples. 

4. All treatment standards expressed as a 

Technology Code or combination of 

Technology Codes are explained in detail in 

40 CFR 268.42 Table 1—Technology Codes 

and Descriptions of Technology-Based 

Standards. 

5. Except for Metals (EP or TCLP) and 

Cyanides (Total and Amenable) the 

nonwastewater treatment standards 

expressed as a concentration were 

established, in part, based upon incineration 

in units operated in accordance with the 

technical requirements of 40 CFR Part 264 

Subpart O or Part 265 Subpart O, or based 

upon combustion in fuel substitution units 

operating in accordance with applicable 

technical requirements. A facility may 

comply with these treatment standards 

according to provisions in 40 CFR 268.40(d). 

All concentration standards for 

nonwastewaters are based on analysis of grab 

samples. 

* * * * * 

■ 48. In § 268.48(a), the table ‘‘Universal 

Treatment Standards,’’ is amended by 

adding the specific entries, ‘‘bis(2- 

Ethylhexyl)phthalate’’ and for 

‘‘Hexachloropropylene’’ in alphabetical 

order: 

§ 268.48 Universal Treatment Standards. 

(a) * * * 

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Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Rules and Regulations 13009 

UNIVERSAL TREATMENT STANDARDS

[Note: NA means not applicable] 

Regulated constituent common name CAS1

No. 

Wastewater 

standard concentration 2 in 

mg/l 

Nonwastewater standard 

concentration 3

in mg/kg unless noted as 

‘‘mg/l TCLP’’ 

Organic Constituents 

* * * * * * * 

Ethyl ether .................................................................................................................................. 60–29–7 0 .12 160 

bis(2-Ethylhexyl)phthalate .......................................................................................................... 117–81–7 0 .28 28 

* * * * * * * 

Hexachloroethane ...................................................................................................................... 67–72–1 0 .055 30 

Hexachloropropylene ................................................................................................................. 1888–71–7 0 .035 30 

* * * * * * * 

* * * * * 

Footnotes to Table UTS 

1. CAS means Chemical Abstract Services. 

When the waste code and/or regulated 

constituents are described as a combination 

of a chemical with it’s salts and/or esters, the 

CAS number is given for the parent 

compound only. 

2. Concentration standards for wastewaters 

are expressed in mg/l and are based on 

analysis of composite samples. 

3. Except for Metals (EP or TCLP) and 

Cyanides (Total and Amenable) the 

nonwastewater treatment standards 

expressed as a concentration were 

established, in part, based upon incineration 

in units operated in accordance with the 

technical requirements of 40 CFR part 264, 

subpart O or 40 CFR part 265, subpart O, or 

based upon combustion in fuel substitution 

units operating in accordance with 

applicable technical requirements. A facility 

may comply with these treatment standards 

according to provisions in 40 CFR 268.40(d). 

All concentration standards for 

nonwastewaters are based on analysis of grab 

samples. 

* * * * * 

PART 270—EPA ADMINISTERED 

PERMIT PROGRAMS: THE 

HAZARDOUS WASTE PERMIT 

PROGRAM 

■ 49. The authority citation for part 270 

continues to read as follows: 

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

6925, 6927, 6939, and 6974. 

■ 50. Amend § 270.4 as follows: 

■ a. By redesignating paragraph (a)(1) as 

paragraph (a)(1)(i). 

■ b. By redesignating paragraph (a)(2) as 

paragraph (a)(1)(ii). 

■ c. By redesignating paragraph (a)(3) as 

paragraph (a)(1)(iii). 

■ d. By redesignating paragraph (a)(4) as 

paragraph (a)(1)(iv). 

■ e. By redesignating paragraph (a) as 

introductory text (a)(1). 

■ f. By adding paragraph (a)(2) to read 

as follows: 

§ 270.4 Effect of a permit. 

(a) * * * 

(2) A permit may be modified, 

revoked and reissued, or terminated 

during its term for cause as set forth in 

§§ 270.41 and 270.43, or the permit may 

be modified upon the request of the 

permittee as set forth in § 270.42. 

* * * * * 

[FR Doc. 2010–5700 Filed 3–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 40 

[Docket DOT–OST–2008–0088] 

RIN OST 2105–AD84 

Procedures for Transportation 

Workplace Drug and Alcohol Testing 

Programs 

Correction 

In rule document 2010–3731 

beginning on page 8528 in the issue of 

Thursday, February 25, 2010, make the 

following corrections: 

§40.225 [Corrected] 

1. On page 8529, in §40.225, in the 

first column, amendatory instructions 2 

and 3 are corrected to read as follows: 

■ 2. Section 40.225 (a) is amended by 

removing the words ‘‘beginning 

February 1, 2002’’. 

■ 3. Appendix G is revised to read as 

follows: 

Appendix G to Part 40 [Corrected] 

2. On page 8530 and 8531, in 

Appendix G to Part 40, the graphics are 

reprinted to read as follows: 

mstockstill on DSKH9S0YB1PROD with RULES