Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations 99727 

REFRIGERATION AND AIR CONDITIONING—Continued 

End-use Substitute Decision Further information 1

Retail food refrigeration—Remote condensing units (retrofit equipment only).R–471A ................ Acceptable ............ This substitute is a blend of 78.7 percent HFO–1234ze(E), which is also known as trans1,3,3,3-tetrafluoroprop-1-ene; (CAS Reg. No. 29118–24–9); 17.0 percent HFO– 

1336mzz(E), also known as trans-1,1,1,4,4,4-hexafluoro-2-butene (CAS Reg. No. 

66711–86–2); and 4.3 percent HFC–227ea, which is also known as 1,1,1,2,3,3,3- 

heptafluoropropane (CAS Reg. No. 431–89–0). 

R–471A has a GWP of 144 and an ODP of 0. The blend is not flammable as it has an 

ASHRAE flammability classification of ‘‘1’’. ASHRAE has established an OEL for the 

blend of 710 ppm (8-hr TWA). For the components of R–471A, OARS has established a 

WEEL of 400 ppm on an 8-hr TWA for HFO–1336mzz(E), AIHA has established a 

WEEL of 1,000 ppm for HFC–227ea (8-hr TWA), and ASHRAE has adopted an OEL of 

800 ppm on an 8-hr TWA for HFO–1234ze(E). 

Retail food refrigeration—Supermarket systems (retrofit 

equipment only).

R–471A ................ Acceptable ............ This substitute is a blend of 78.7 percent HFO–1234ze(E), which is also known as trans1,3,3,3-tetrafluoroprop-1-ene; (CAS Reg. No. 29118–24–9); 17.0 percent HFO– 

1336mzz(E), also known as trans-1,1,1,4,4,4-hexafluoro-2-butene (CAS Reg. No. 

66711–86–2); and 4.3 percent HFC–227ea, which is also known as 1,1,1,2,3,3,3- 

heptafluoropropane (CAS Reg. No. 431–89–0). 

R–471A has a GWP of 144 and an ODP of 0. The blend is not flammable as it has an 

ASHRAE flammability classification of ‘‘1’’. ASHRAE has established an OEL for the 

blend of 710 ppm (8-hr TWA). For the components of R–471A, OARS has established a 

WEEL of 400 ppm on an 8-hr TWA for HFO–1336mzz(E), AIHA has established a 

WEEL of 1,000 ppm for HFC–227ea (8-hr TWA), and ASHRAE has adopted an OEL of 

800 ppm on an 8-hr TWA for HFO–1234ze(E). 

Water coolers (retrofit equipment only).R–480A ................ Acceptable ............ This substitute is a weighted blend of 5 percent CO2, 86 percent HFO–1234ze(E), which is 

also known as trans-1,3,3,3-tetrafluoroprop-1-ene CAS Reg. No. 29118–24–9), and 9 

percent HFC–227ea, which is also known as 1,1,1,2,3,3,3-heptafluoropropane (CAS 

Reg. No. 431–89–0). 

R–480A has a GWP of 291 and an ODP of 0. The blend is not flammable as it has an 

ASHRAE flammability classification of ‘‘1.’’ ASHRAE has adopted an OEL for the blend 

of 900 ppm (8-hr TWA). For the components of R–480A, OSHA has established a PEL 

for CO2 of 5,000 ppm on an 8-hr TWA, AIHA has established a WEEL of 1,000 ppm for 

HFC–227ea (8-hr TWA), and ASHRAE has adopted an OEL of 800 ppm on an 8-hr 

TWA for HFO–1234ze(E). 

1See recommendations in the manufacturer’s SDS and guidance for all listed refrigerants. 

FOAM BLOWING

End-use Substitute Decision Further information 1

Polystyrene: Extruded 

boardstock and billet.

Extruded polystyrene (XPS) foam blowing 

agent blends of 0 to 90 percent HFO– 

1336mzz(Z), 0 to 90 percent HFO– 

1234ze(E), 0 to 75 percent HFC–152a, 

and 0 to 90 percent CO2.

Acceptable ............ HFO–1234ze(E) is also known as trans-1,3,3,3-tetrafluoroprop-1-ene 

(Chemical Abstracts Service Registry Number [CAS Reg. No.] 29118– 

24–9). HFO–1336mzz(Z) is also known as (Z)-1,1,1,4,4,4-hexafluoro2-butene and cis-1,1,1,4,4,4-hexafluoro-2-butene (CAS Reg. No. 692– 

49–9). HFC–152a is also known as 1,1-difluoroethane (CAS Reg. No. 

75–37–6). CO2 has CAS Reg. No. 124–38–9. 

These blends have 100-year GWPs from 1 to about 94, depending on 

the specific composition. Blends of these compounds anticipated to 

be used in manufacturing are flammable. 

The AIHA has established a WEEL of 1,000 ppm for HFC–152a on an 

eight-hour Time-Weighted Average (8-hr TWA). The OARS has established a WEEL of 500 ppm (8-hr TWA) for HFO–1336mzz(Z). The 

manufacturer of HFO–1234ze(E) has established an OEL of 800 ppm 

(8-hr TWA) and the American Society of Heating, Refrigerating and 

Air-Conditioning Engineers has adopted an OEL of 800 ppm (8-hr 

TWA) for this compound. The U.S. OSHA has established a PEL of 

5,000 ppm on an 8-hr TWA for CO2.

1See recommendations in the manufacturer’s SDS and guidance for all listed foam blowing agents. 

[FR Doc. 2024–28307 Filed 12–10–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 261, 262, and 266 

[EPA–HQ–OLEM–2023–0081; FRL 8687–04– 

OLEM] 

RIN 2050–AH23 

Hazardous Waste Generator 

Improvements Rule, the Hazardous 

Waste Pharmaceuticals Rule, and the 

Definition of Solid Waste Rule; 

Technical Corrections 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or the Agency) is 

finalizing five amendments that were 

withdrawn in its December 6, 2023, 

partial withdrawal of direct final rule. 

Due to receipt of adverse comments, the 

EPA withdrew eight amendments from 

the August 9, 2023, direct final rule that 

included revisions to the 2016 

Hazardous Waste Generator 

Improvements Rule, the 2019 Hazardous 

Waste Pharmaceuticals Rule and the 

2018 Vacatur of the Definition of Solid 

Waste Rule (88 FR 54086). The EPA is 


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99728 Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations 

responding to the relevant adverse 

comments in this action. 

DATES: This final rule is effective on 

February 10, 2025. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OLEM–2023–0081. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

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, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Kathy Lett, U.S. Environmental 

Protection Agency, Office of Resource 

Conservation and Recovery (MC: 

5304T), 1200 Pennsylvania Avenue NW, 

Washington, DC 20460, (202) 566–0517, 

(lett.kathy@epa.gov) or Kristin 

Fitzgerald, U.S. Environmental 

Protection Agency, Office of Resource 

Conservation and Recovery (MC: 

5304T), 1200 Pennsylvania Avenue NW, 

Washington, DC 20460, (202) 566–0512 

(fitzgerald.kristin@epa.gov). 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

Entities potentially affected by this 

action include hazardous waste 

generators, treatment, storage, and 

disposal facilities, healthcare facilities, 

reverse distributors, importers/exporters 

of hazardous waste, and users of the 

transfer-based exclusion to the 

definition of solid waste. Also affected 

are States and EPA Regions 

implementing these RCRA hazardous 

waste regulations. 

This discussion is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this action. This discussion 

includes the types of entities that the 

EPA is now aware could potentially be 

regulated by this action. Other types of 

entities not included could also be 

regulated. To determine whether your 

entity is regulated by this action, you 

should carefully examine the 

applicability criteria found in Section IV 

of the preamble. If you have questions 

regarding the applicability of this action 

to a particular entity, consult the 

persons listed in the FOR FURTHER

INFORMATION CONTACT section. 

B. What action is the agency taking? 

This action finalizes five amendments 

that were included in its August 9, 

2023, direct final rule that made 

technical corrections to three 

rulemakings related to the generation of 

hazardous waste: the 2016 Hazardous 

Waste Generator Improvements Rule, 

the 2019 Hazardous Waste 

Pharmaceuticals Rule, and the 2018 

Vacatur of the Definition of Solid Waste 

Rule (88 FR 54086). Due to receipt of 

adverse comments, eight amendments 

were withdrawn in the EPA’s December 

6, 2023, partial withdrawal of direct 

final rule (88 FR 84710). EPA has 

evaluated the comments received on the 

amendments and is finalizing five of 

these amendments, found in 

§§ 261.4(e)(1), 262.16(b)(1), 

262.17(a)(8)(i) introductory text, 

262.17(a)(8)(i)(A) and 266.508(a)(2)(ii). 

These five provisions relate to the 2016 

Hazardous Waste Generator 

Improvements Rule and the 2019 

Hazardous Waste Pharmaceuticals Rule. 

Finalizing these technical corrections 

will correct or clarify the regulations for 

generators and handlers of hazardous 

waste. The EPA is also responding in 

this preamble to the adverse comments 

on the items that we are finalizing in 

this action. The three provisions we are 

not finalizing will not go into effect with 

this action and the EPA is not 

responding to the adverse comments on 

these three provisions. 

C. What is the agency’s authority for 

taking this action? 

This rule is authorized under sections 

1004, 2002, 3001, 3002, 3003, 3004, 

3005, 3006, and 3010, of the Resource 

Conservation and Recovery Act of 1976, 

as amended, 42 U.S.C. 6903, 6912, 6921, 

6922, 6923, 6924, 6925, 6926, and 6930. 

III. Background 

In the EPA’s August 9, 2023, direct 

final rule (88 FR 54086), EPA explained 

that the Agency views the minor fixes 

and clarifications included in the action 

as noncontroversial. However, EPA 

published a parallel proposed rule the 

same day that could serve as the 

proposed rule to adopt the provisions in 

the direct final rule if adverse comments 

were received. EPA stated that in this 

case, there would not be a second 

comment period on this action. 

The direct final rule preamble also 

stated that if the Agency were to receive 

adverse comment on any individual 

correction, we would publish a timely 

withdrawal in the Federal Register 

informing the public about the specific 

regulatory paragraph or amendment that 

will not take effect. 

The EPA received adverse comments 

on eight amendments from the direct 

final rule and withdrew them on 

December 6, 2023 (88 FR 84710). All 

corrections that were not withdrawn 

became effective on December 7, 2023. 

IV. Provisions Being Finalized and 

Response to Comment 

A. Section 261.4(e)(1) 

The August 9, 2023, direct final rule 

identified a number of regulatory 

citations that were incorrect and 

outdated in the regulations for 

generators of hazardous waste and 

updated those citations. Section 261.4(e) 

provides requirements for management 

of samples used in treatability studies 

and included citations that needed to be 

updated. The list of corrections 

included revising § 261.4(e)(1) to 

replace the references to quantity 

determinations in §§ 261.5 and 

262.34(d) with a reference to the 

counting requirements in § 262.13 and 

the accumulation limits in 

§ 262.16(b)(1). 

EPA received an adverse comment to 

this revision. The commenter stated that 

it appears that the revised citation in 

this location, which identifies which 

categories of generators do not need to 

count treatability sample weight 

towards generator accumulation limits 

was incomplete. The comment stated 

that the revised citation should point to 

the accumulation limits for very small 

quantity generators (VSQGs), large 

quantity generators (LQGs), and satellite 

accumulation areas (SAAs), not just 

SQGs. 

EPA partially agrees with the 

commenter and is revising this citation 

to include references to §§ 262.14(a)(3) 

and (4), the accumulation limits for 

VSQGs accumulating acute and nonacute hazardous waste. The original 

language in this section referred to 

accumulation limits for VSQGs and 

SQGs and this revision reestablishes 

those two references. Generators 

accumulating waste at SAAs must 

include that waste in their monthly 

quantities for determining generator 

status, but the original regulatory 

language did not refer to the SAA 

requirements and LQGs do not have an 

accumulation limit. For these reasons, 

EPA is not amending the language to 

add any references to SAA or LQG 

requirements. 

B. Section 262.16(b)(1) 

The 2016 Generator Improvements 

rule established definitions for very 

small, small, and large quantity 

generators, reorganized the regulations 

for these categories of generators, and 


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Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations 99729 

1From Johnson to EPA Regions, December 19, 

2019, RCRA Online #14919. 

2 84 FR 5877; February 22, 2019. 

clearly distinguished the generator 

categories—determined by how much 

hazardous waste is generated per 

calendar month at a site—from the 

conditions for exemption that specify 

limits for how much hazardous waste 

small and very small quantity generators 

can accumulate on site at any one time. 

However, the small quantity generator 

conditions for exemption include an onsite accumulation limit of 6,000 

kilograms for non-acute hazardous 

waste but do not specify an on-site 

accumulation limit for acute hazardous 

waste. 

In the original 1980 hazardous waste 

generator regulations, there were only 

two categories of hazardous waste 

generator: small (generating less than 

1,000 kilograms of hazardous waste per 

month) and large (generating more than 

1,000 kilograms of hazardous waste per 

month). These pre-1986 small quantity 

generators had a total on-site hazardous 

waste accumulation limit of 6,000 

kilograms of non-acute hazardous waste 

and one kilogram of acute hazardous 

waste. The 1986 rule that established 

the category and specific requirements 

for those generating between 100 

kilograms and 1,000 kilograms per 

month (small quantity generators) (51 

FR 10146; March 24, 1986) 

implemented the changes to the 

hazardous waste program required by 

the Hazardous and Solid Waste 

Amendments of 1984 (HSWA) and 

established a new category of 

‘‘conditionally exempt small quantity 

generator’’ for those generating less than 

100 kilograms of non-acute hazardous 

waste per month. 

The scope of HSWA and the new 

regulations for conditionally exempt 

small quantity generators did not 

include acute hazardous waste. 

Therefore, generators generating less 

than one kilogram of acute hazardous 

waste per month are conditionally 

exempt small quantity generators and 

those generating more than one 

kilogram of acute hazardous waste per 

month are large quantity generators. 

There is no separate small quantity 

generator category based solely on 

generation of acute hazardous waste. 

The EPA clarified the distinctions 

between the three generator categories 

in the 2016 Generator Improvements 

rule and stated that a small quantity 

generator can only generate up to one 

kilogram of acute hazardous waste in a 

calendar month, but it was not clear in 

the new language whether there is a 

limit on the amount of acute hazardous 

waste a small quantity generator can 

accumulate on site at any one time. 

Consistent with what has been 

historically allowed for generators of 

small amounts of acute hazardous waste 

since the 1980 regulations, in the 

August 2023 technical correction notice, 

the EPA revised § 262.16(b)(1) to clarify 

that the acute hazardous waste 

accumulation limit for a small quantity 

generator is one kilogram. 

The EPA received an adverse 

comment on this provision. One 

commenter stated that a 1-kilogram 

limit for small quantity generators 

accumulating acute hazardous waste 

would create severe logistical issues for 

facilities that generate just slightly 

under 1 kilogram per month of acutely 

hazardous waste as the proposed rule 

will essentially make their allowable 

accumulation time 30 days. The 

commenter stated that it would be 

‘‘impossible to collect samples, 

characterize the waste, receive disposal 

approval for the waste and have the 

waste transported offsite within the 

allowable time frame.’’ 

EPA disagrees with the comment. As 

described in this preamble, a 1-kilogram 

accumulation limit for this category of 

generator was part of the RCRA 

regulations starting in 1980 and the 

revision being made is to make that 

clearer in the regulations. The generator 

regulations are designed so that if a 

generator needs additional time to 

sample, characterize, and arrange for 

disposal of an acute hazardous waste 

that is accumulating on site, it can 

operate under the requirements for a 

large quantity generator instead of those 

of a small quantity generator and remain 

in compliance with the generator 

regulations. The additional large 

quantity generator standards ensure the 

safe handling of the elevated amounts of 

acute hazardous waste being 

accumulated at the generator site. 

EPA is finalizing this provision as 

described in the August 9, 2023, notice. 

C. Section 262.17(a)(8)(i) Introductory 

Text and (a)(8)(i)(A) 

The 2016 Hazardous Waste Generator 

Improvements Rule added a 

requirement that LQGs undergoing 

closure of a hazardous waste unit 

submit a notification that they are 

closing that unit, including information 

on the timing of the closure. The 

generators have two options for 

submitting that notification when a 

specific waste accumulation unit is 

closing, but the generator as a whole is 

not closing all its units on site (i.e., it 

will continue generating and 

accumulating hazardous waste on site). 

The 2023 direct final rule revised the 

language in § 262.17(a)(8)(i) and 

(a)(8)(i)(A) to more clearly describe 

when the provisions apply and used the 

defined term ‘‘final closure.’’ The 

preamble to the 2023 direct final rule 

explained that EPA made these changes 

to distinguish between the requirements 

that apply when a unit is closing and 

those that apply when the whole facility 

is closing. 

EPA received an adverse comment on 

this revision from a State that 

implements hazardous waste 

regulations. The commenter argued that 

a reference to the defined term ‘‘final 

closure’’ in this introductory text is not 

appropriate and suggested that EPA 

instead use the phrase ‘‘undergoing 

closure of the facility.’’ The commenter 

argues that this would be more 

appropriate for a generator closing a 

waste unit and needing to follow this 

requirement. 

The commenter also submitted 

comments on a suggested revision to 

§ 262.17(a)(8)(i)(A), stating that this part 

of the closure regulations would be 

clearer if the last statement in 

§ 262.17(a)(8)(i)(B) about when a 

generator can remove a closure notice 

from its operating record because a 

waste accumulation unit was reopened 

was moved from § 262.17(a)(8)(i)(B) to 

§ 262.17(a)(8)(i)(A). 

EPA agrees that using the term ‘‘final 

closure’’ in this paragraph adds 

unnecessary confusion and that the 

sentence the commenter identified 

would make more sense in the revised 

§ 262.17(a)(8)(i)(A). EPA is finalizing 

revisions to this section to make those 

changes and to state that the regulations 

apply when closing a waste 

accumulation unit but not all waste 

accumulation units. 

D. Section 266.508(a)(2)(ii) 

The preamble to the 2023 direct final 

rule explained that EPA was amending 

§ 266.508(a)(2)(ii) in two ways. First, 

EPA allowed the four-character PHRM 

code as well as the existing six-character 

PHARMS code in Item 13 when 

manifesting non-creditable hazardous 

waste pharmaceuticals to a TSDF. This 

was consistent with guidance EPA 

issued in 2019.1 Second, EPA inserted 

a sentence at the end clarifying that a 

healthcare facility may choose to 

include the applicable EPA hazardous 

waste numbers (i.e., hazardous waste 

codes) in Item 13 of EPA Form 8700–22, 

in addition to the PHARMS or PHRM 

code that was already required. This 

was consistent with preamble from the 

Hazardous Waste Pharmaceuticals final 

rule.2

EPA received one adverse comment 

on the second provision. The 


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99730 Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations 

3https://www.epa.gov/hwgenerators/frequentquestions-about-management-standards-hazardouswaste-pharmaceuticals-and#e2. 

4From Johnson to EPA Regions, December 19, 

2019, RCRA Online #14919. 

5Per personal communication with Charlotte 

Smith of Waste Management, January 26, 2022, and 

email communication with Mike Crisenbery of 

Clean Harbors, February 10, 2022. 

commenter was a State that expressed 

concerns that the rule does not resolve 

the issue that the inclusion of RCRA 

codes with PHRM/PHARMS on a 

manifest seems to negate any benefits 

for a healthcare facility operating under 

Subpart P. The State was concerned that 

a healthcare facility would be charged a 

higher fee by those States which collect 

fees. The State noted that including 

PHRM or PHARMS along with RCRA 

hazardous waste codes creates 

confusion and that it is unclear why the 

RCRA codes are being listed. 

EPA disagrees with the commenter 

and is finalizing the provision as 

proposed. First, with respect to the 

PHRM code, while we did not receive 

any comments on this specific aspect of 

the proposed amendment, the adverse 

comment on other portions of the same 

paragraph meant that this was 

withdrawn, as well. This final rule 

allows healthcare facilities to use the 

PHRM or PHARMS code in Item 13 

when manifesting non-creditable 

hazardous waste pharmaceuticals. 

Second, with respect to hazardous 

waste codes, this final rule allows 

healthcare facilities to include 

hazardous waste codes in addition to 

the PHRM/PHARMS code when 

manifesting non-creditable hazardous 

waste pharmaceuticals. As discussed in 

a Frequent Question that is posted to 

our website,3 as well as in a 

memorandum,4 there are certain 

situations where the hazardous waste 

codes need to be included when 

manifesting non-creditable hazardous 

waste pharmaceuticals. For example, in 

States that have not yet adopted part 

266 subpart P, healthcare facilities are 

subject to the standard 40 CFR part 262 

generator regulations for their hazardous 

waste pharmaceuticals, which require 

healthcare facilities to include all 

applicable waste codes on the manifest. 

Therefore, if a healthcare facility that is 

operating under part 266 subpart P 

ships non-creditable hazardous waste 

pharmaceuticals to a TSDF that is in a 

State that has not yet adopted part 266 

subpart P, the healthcare facility would 

need to include the hazardous waste 

codes to satisfy the regulatory 

requirements in the receiving State. 

Additionally, some vendors may require 

their healthcare facility customers to 

include the hazardous waste codes and 

EPA does not want to preclude that 

practice because including all 

applicable hazardous waste codes could 

help receiving facilities better 

understand the wastes and determine 

the best course of management 

including, for example, complying with 

the land disposal restriction treatment 

standards. 

Finally, waste industry 

representatives have told EPA that their 

practice is to not commingle hazardous 

waste pharmaceuticals in the same 

container with non-pharmaceutical 

hazardous wastes.5 This means that 

when hazardous waste codes are 

included on the same line of the 

manifest as the PHRM/PHARMS code, 

the hazardous waste codes can be 

presumed to be referring to hazardous 

waste pharmaceuticals, and not to other, 

non-pharmaceutical hazardous wastes. 

For these reasons, EPA is finalizing 

regulatory language that allows a 

healthcare facility to include the 

hazardous waste codes in Item 13 of the 

manifest, in addition to the PHRM/ 

PHARMS code. 

V. State Authorization 

A. Applicability of Rules in Authorized 

States 

Under section 3006 of RCRA, the EPA 

may authorize a qualified State to 

administer its own hazardous waste 

program within the State in lieu of the 

Federal program. Following 

authorization, the 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 the EPA administering the 

Federal program in that State. The 

Federal requirements no longer applied 

in the authorized State, and the 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. The 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, the EPA implements the 

HSWA provisions in authorized States 

until the States do so. 

Authorized States are required to 

modify their program only when the 

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 or equally as stringent as 

the previous Federal regulations. 

B. Effect on State Authorization 

This final rule finalizes technical 

corrections to regulations in 40 CFR 

parts 261, 262, and 266 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 

in this direct final rule that are under 

non-HSWA authority would be 

applicable on the effective date only in 

those States that do not have final 

authorization of their base RCRA 

programs. However, the technical 

corrections to regulations in 

§ 262.16(b)(1) are promulgated under 

the authority of HSWA and would be 

effective on the effective date of this 

final rule in all States. 

This final rule is considered to be 

neither more nor less stringent than the 

current standards. Therefore, because of 

section 3009 of RCRA, which allows 

States to impose more stringent 

regulations than the Federal program, as 

described in section V.a. of this 

preamble, authorized States would not 

be required to modify their programs to 

adopt the technical corrections 

promulgated in this final rule, 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. 


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VI. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

This action is not a significant 

regulatory action as defined in 

Executive Order 12866, as amended by 

Executive Order 14094, and was 

therefore not subject to a requirement 

for Executive Order 12866 review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose any new 

information collection burden under the 

PRA because it does not contain any 

information collection activities. OMB 

has previously approved the 

information collection activities 

contained in the existing regulations 

and has assigned OMB control numbers 

2050–0213, 2050–0202, and 2050–0212. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action simply 

corrects typographical errors, incorrect 

citations, and omissions; provides 

clarifications; and makes conforming 

changes where they have not been made 

previously. We have therefore 

concluded that this action will have no 

regulatory burden for all directly 

regulated small entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain an 

unfunded mandate of $100 million 

(adjusted annually for inflation) or more 

(in 1995 dollars) as described in UMRA, 

2 U.S.C. 1531–1538, and does not 

significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local, or 

tribal governments or the private sector. 

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. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. Because the rule does not 

make any substantive change, it will not 

impose substantial direct costs on Tribal 

governments. Thus, Executive Order 

13175 does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

as applying only to those regulatory 

actions that concern environmental 

health or safety risks that EPA has 

reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. 

Therefore, this action is not subject to 

Executive Order 13045 because it does 

not concern an environmental health 

risk or safety risk. Since this action does 

not concern human health, EPA’s Policy 

on Children’s Health also does not 

apply. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes that these technical 

corrections do not concern human 

health or environmental conditions and 

therefore cannot be evaluated with 

respect to potentially disproportionate 

and adverse effects on people of color, 

low-income populations and/or 

indigenous peoples because this final 

rule does not create any new regulatory 

requirements, but rather clarifies 

existing requirements and makes 

conforming changes. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

List of Subjects 

40 CFR Part 261 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Confidential 

business information, Hazardous waste, 

Intergovernmental relations, Licensing 

and registration, Reporting and 

recordkeeping requirements. 

40 FR Part 262 

Environmental protection, Exports, 

Hazardous materials transportation, 

Hazardous waste, Imports, Labeling, 

Packaging and containers, Reporting 

and recordkeeping requirements. 

40 FR Part 266 

Environmental protection, Energy, 

Hazardous waste, Recycling, Reporting 

and recordkeeping requirements. 

Michael S. Regan, 

Administrator. 

For the reasons set forth in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is amended as 

follows: 

PART 261—IDENTIFICATION AND 

LISTING OF HAZARDOUS WASTE 

■ 1. The authority for part 261 

continues to read as follows: 

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

6922, 6924(y) and 6938. 

■ 2. Section 261.4 is amended by 

revising (e)(1) introductory text to read 

as follows: 

§ 261.4 Exclusions. 

(e) * * * 

(1) Except as provided in paragraphs 

(e)(2) and (4) of this section, persons 

who generate or collect samples for the 

purpose of conducting treatability 

studies as defined in 40 CFR 260.10, are 

not subject to any requirement of this 

part, 40 CFR parts 262 and 263, or to the 

notification requirements of Section 

3010 of RCRA, nor are such samples 

included in the quantity determinations 

of 40 CFR 262.13 and the accumulation 

limits in 40 CFR 262.14(a)(3), 40 CFR 

262.14(a)(4), and 40 CFR 262.16(b)(1) 

when: 

* * * * * 

PART 262—STANDARDS APPLICABLE 

TO GENERATORS OF HAZARDOUS 

WASTE 

■ 3. The authority for part 262 

continues to read as follows: 

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

6925, 6937, 6938 and 6939g. 

■ 4. Section 262.16 is amended by 

revising paragraph (b)(1) to read as 

follows: 


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99732 Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations 

§ 262.16 Conditions for exemption for a 

small quantity generator that accumulates 

hazardous waste. 

(b) * * * 

(1) Accumulation limit. The quantity 

of acute hazardous waste accumulated 

on site never exceeds 1 kilogram (2.2 

pounds) and the quantity of non-acute 

hazardous waste accumulated on site 

never exceeds 6,000 kilograms (13,200 

pounds); 

* * * * * 

■ 5. Section 262.17 is amended by 

revising (a)(8)(i) to read as follows: 

§ 262.17 Conditions for exemption for a 

large quantity generator that accumulates 

hazardous waste. 

(a) * * * 

(8) * * * 

(i) Notification for closure of a waste 

accumulation unit. A large quantity 

generator must perform one of the 

following when closing a waste 

accumulation unit, but not all waste 

accumulation units: 

(A) Place a notice in the operating 

record within 30 days after closure 

identifying the location of the unit 

within the facility (if the waste 

accumulation unit is subsequently 

reopened, the generator may remove the 

notice from the operating record); or 

(B) Meet the closure performance 

standards of paragraph (a)(8)(iii) of this 

section for container, tank, and 

containment building waste 

accumulation units or paragraph 

(a)(8)(iv) of this section for drip pads 

and notify EPA following the 

procedures in paragraph (a)(8)(ii)(B) of 

this section for the waste accumulation 

unit. 

* * * * * 

PART 266—STANDARDS FOR THE 

MANAGEMENT OF SPECIFIC 

HAZARDOUS WASTES AND SPECIFIC 

TYPES OF HAZARDOUS WASTE 

MANAGEMENT FACILITIES 

■ 6. The authority for part 266 

continues to read as follows: 

Authority: 42 U.S.C. 1006, 2002(a), 3001– 

3009, 3014, 3017, 6905, 6906, 6912, 6921, 

6922, 6924–6927, 6934, and 6937. 

■ 7. Section 266.508 is amended by 

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

follows: 

§ 266.508 Shipping non-creditable 

hazardous waste pharmaceuticals from a 

healthcare facility or evaluated hazardous 

waste pharmaceuticals from a reverse 

distributor. 

(a) * * * 

(2) * * * 

(ii) A healthcare facility shipping noncreditable hazardous waste 

pharmaceuticals must write the word 

‘‘PHRM’’ or ‘‘PHARMS’’ in Item 13 of 

EPA Form 8700–22. A healthcare 

facility may also include the applicable 

EPA hazardous waste numbers (i.e., 

hazardous waste codes) in Item 13 of 

EPA Form 8700–22. 

* * * * * 

[FR Doc. 2024–28802 Filed 12–10–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2023–0021] 

RIN 2127–AM37 

Federal Motor Vehicle Safety 

Standards; Automatic Emergency 

Braking Systems for Light Vehicles; 

Correction 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Final rule; response to petitions 

for reconsideration; correction. 

SUMMARY: This document corrects a 

November 26, 2024 final rule partially 

granting petitions for reconsideration of 

a May 9, 2024, final rule that adopted 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 127, ‘‘Automatic 

Emergency Braking for Light Vehicles,’’ 

which requires automatic emergency 

braking (AEB), pedestrian automatic 

emergency braking (PAEB), and forward 

collision warning (FCW) systems on all 

new light vehicles. This document 

corrects a typographical error in the 

amendatory instructions. 

DATES: Effective January 27, 2025. 

ADDRESSES: Correspondence related to 

this rule should refer to the docket 

number set forth above (NHTSA–2023– 

0021) and be submitted to the 

Administrator, National Highway 

Traffic Safety Administration, 1200 New 

Jersey Avenue SE, Washington, DC 

20590. 

FOR FURTHER INFORMATION CONTACT: For 

technical issues: Mr. Markus Price, 

Office of Crash Avoidance Standards, 

Telephone: (202) 366–1810, Facsimile: 

(202) 366–7002. For legal issues: Mr. Eli 

Wachtel, Office of the Chief Counsel, 

Telephone: (202) 366–2992, Facsimile: 

(202) 366–3820. The mailing address for 

these officials is: National Highway 

Traffic Safety Administration, 1200 New 

Jersey Avenue SE, Washington, DC 

20590. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2024–27349 appearing on page 93199 in 

the Federal Register of Tuesday, 

November 26, 2024, the following 

correction is made: 

§ 571.127 [Corrected] 

■ On page 93220, in the first column, in 

part 571, in amendment 2.b, the 

instruction ‘‘Revising S5.1.1(a)(3) and 

(4), S5.1.1(b)(2), S5.1.3, and S8.3.3(g).’’ 

is corrected to read ‘‘Revising 

S5.1.1(a)(3) and (4), S5.1.1(b)(1), S5.1.3, 

and S8.3.3(g).’’. 

Issued in Washington, DC, under authority 

delegated in 49 CFR 1.95 and 501.8. 

Raymond R. Posten, 

Associate Administrator, Rulemaking. 

[FR Doc. 2024–28998 Filed 12–10–24; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 29 

[Docket No. FWS–HQ–NWRS–2019–0017; 

FF09R50000–XXX–FVRS3451900000] 

RIN 1018–BD78 

Permitting of Rights-of-Way Across 

National Wildlife Refuges and Other 

U.S. Fish and Wildlife ServiceAdministered Lands 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are revising 

our process for permitting of rights-ofway across National Wildlife Refuge 

System lands and other Serviceadministered lands. By aligning Service 

processes more closely with those of 

other Department of the Interior 

bureaus, to the extent practicable and 

consistent with applicable law, we will 

reduce the amount of time the Service 

requires to process applications for 

rights-of-way across Service-managed 

lands. We will require a preapplication 

meeting and use of a standard 

application, allow electronic submission 

of applications, and provide the Service 

with additional flexibility, as 

appropriate, to determine the fair 

market value or fair market rental value 

of rights-of-way across Service-managed 

lands. Additionally, we are 

implementing new permit terms and 

conditions and other regulatory 

changes. 

DATES: This rule is effective January 10, 

2025. 


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