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[Federal Register Volume 89, Number 238 (Wednesday, December 11, 2024)]
[Rules and Regulations]
[Pages 99727-99732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28802]

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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.

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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finalizing five amendments that were withdrawn in its December 6, 2023, 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

[[Page 99728]]

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, ([email protected]) 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 ([email protected]).

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 Sec. Sec.  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 Sec.  
261.4(e)(1) to replace the references to quantity determinations in 
Sec. Sec.  261.5 and 262.34(d) with a reference to the counting 
requirements in Sec.  262.13 and the accumulation limits in Sec.  
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 Sec. Sec.  262.14(a)(3) and (4), the 
accumulation limits for VSQGs accumulating acute and non-acute 
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

[[Page 99729]]

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 on-site 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 Sec.  
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 Sec.  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 
Sec.  262.17(a)(8)(i)(A), stating that this part of the closure 
regulations would be clearer if the last statement in Sec.  
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 Sec.  262.17(a)(8)(i)(B) to Sec.  
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 Sec.  
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 Sec.  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\
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    \1\ From Johnson to EPA Regions, December 19, 2019, RCRA Online 
#14919.
    \2\ 84 FR 5877; February 22, 2019.
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    EPA received one adverse comment on the second provision. The

[[Page 99730]]

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.
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    \3\ https://www.epa.gov/hwgenerators/frequent-questions-about-management-standards-hazardous-waste-pharmaceuticals-and#e2.
    \4\ From Johnson to EPA Regions, December 19, 2019, RCRA Online 
#14919.
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    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.
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    \5\ Per personal communication with Charlotte Smith of Waste 
Management, January 26, 2022, and email communication with Mike 
Crisenbery of Clean Harbors, February 10, 2022.
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    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 Sec.  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.

[[Page 99731]]

VI. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/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

0
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.

0
2. Section 261.4 is amended by revising (e)(1) introductory text to 
read as follows:

Sec.  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

0
3. The authority for part 262 continues to read as follows:

    Authority:  42 U.S.C. 6906, 6912, 6922-6925, 6937, 6938 and 
6939g.

0
4. Section 262.16 is amended by revising paragraph (b)(1) to read as 
follows:

[[Page 99732]]

Sec.  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);
* * * * *

0
5. Section 262.17 is amended by revising (a)(8)(i) to read as follows:

Sec.  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

0
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.

0
7. Section 266.508 is amended by revising paragraph (a)(2)(ii) to read 
as follows:

Sec.  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 non-creditable 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
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