[Federal Register Volume 75, Number 107 (Friday, June 4, 2010)]
[Rules and Regulations]
[Pages 31716-31717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13376]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 260, 261, 262, 263, 264, 265, 266, 268, and 270

[EPA-RCRA-2008-0678; FRL-9158-5]
RIN 2050-AG52


Hazardous Waste Technical Corrections and Clarifications Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Partial withdrawal of direct final rule.

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SUMMARY: On March 18, 2010, EPA published in the Federal Register a 
Direct Final rule entitled, Hazardous Waste Technical Corrections and 
Clarifications Rule (75 FR 12989). This Direct Final rule included a 
number of specific technical changes to correct or clarify several 
parts of the Resource Conservation and Recovery Act (RCRA) hazardous 
waste regulations. At the same time, EPA also published a parallel 
Proposed Rule (75 FR 13006) for the same changes. EPA received adverse 
comment on four of the specific amendments and thus is withdrawing 
them. The four amendments being withdrawn are: 40 CFR 262.34(a); 40 CFR 
262.34(a)(2); 40 CFR 262.34(a)(5), and 40 CFR 266.20(b). As a result of 
withdrawing the amendment at 40 CFR 262.34(a)(5), we also are 
withdrawing the related amendment at 40 CFR 262.34(a)(1)(iv)(B). 
Finally, because of a typographical error, we also are withdrawing the 
amendment to the entry ``K107'' in the table at 40 CFR 261.32(a).

DATES: On June 16, 2010, all amendments go into effect that were 
published in the Federal Register at 75 FR 12989 on March 18, 2010, 
except the following: The amendment to the entry ``K107'' in the table 
at 40 CFR 261.32(a); the amendment to 40 CFR 262.34(a); the amendment 
to 40 CFR 262.34(a)(1)(iv)(B); the amendment to 40 CFR 262.34(a)(2); 
the amendment to 40 CFR 262.34(a)(5), and the amendment at 40 CFR 
266.20(b) which are withdrawn effective June 4, 2010.

FOR FURTHER INFORMATION 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: <a href="/cdn-cgi/l/email-protection#0d6261686c7f74236764604d687d6c236a627b"><span class="__cf_email__" data-cfemail="87e8ebe2e6f5fea9edeeeac7e2f7e6a9e0e8f1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: On March 18, 2010, EPA published in the 
Federal Register a Direct Final rule entitled, Hazardous Waste 
Technical Corrections and Clarifications Rule (75 FR 12989). This 
Direct Final rule included a number of specific technical changes to 
correct or clarify several parts of the Resource Conservation and 
Recovery Act (RCRA) hazardous waste regulations. At the same time, EPA 
also published a parallel Proposed Rule (75 FR 13006) for the same 
changes.
    We stated in that Direct Final rule that if we received adverse 
comment on any amendments by May 3, 2010, the affected amendments in 
the Direct Final rule would not take effect and we would publish a 
timely withdrawal in the Federal Register of those specific amendments. 
We subsequently received adverse comment on four specific amendments:
    <bullet> 40 CFR 262.34(a) related to the hazardous waste 
accumulation time for large quantity generators;
    <bullet> 40 CFR 262.34(a)(2) related to the date upon which each 
period of accumulation begins must be clearly marked and visible for 
inspection on each container and tank;
    <bullet> 40 CFR 262.34(a)(5) related to the closure requirements 
for tanks, containers, drip pads and containment buildings
    <bullet> 40 CFR 266.20(b) related to recyclable materials used in a 
manner constituting disposal.

Because EPA received adverse comment on these four amendments, we are 
withdrawing them.
    As a result of withdrawing 40 CFR 262.34(a)(5), the related 
amendment at 40 CFR 262.34(a)(1)(iv)(B) must also be withdrawn because 
the Agency had deleted the latter part of this particular regulatory 
citation in the Direct Final rule in an effort to clarify the closure 
requirements for tanks, containers, drip pads and containment 
buildings. Also, there was a typographical error related to the entry 
for EPA hazardous waste No. K107 in the table at 40 CFR 261.32(a). We 
therefore are withdrawing this amendment as well. Thus, we are 
withdrawing six of the original amendments from the March 18, 2010 
Direct Final rule.
    EPA published a parallel Proposed Rule on the same day as the 
Direct Final rule (75 FR 13006). The Proposed Rule invited comment on 
the substance of the Direct Final rule. We intend to review the adverse 
comments we received with respect to the amendments at 40 CFR 
262.34(a), 40 CFR 262.34(a)(1)(iv)(B), 40 CFR 262.34(a)(2), 40 CFR 
262.34(a)(5), and 40 CFR 266.20(b) to determine the appropriate course 
of action for each amendment. With respect to the typographical error 
in the amendment to the entry for EPA hazardous waste No. K107 in the 
table at 40 CFR 261.32(a), we intend to publish a final rulemaking that 
will correct this mistake. As stated in the parallel proposal, we will 
not institute a second comment period on these proposed actions.
    The amendments for which we did not receive adverse comment will 
become effective on June 16, 2010, as provided in the March 18, 2010, 
Direct Final rule.

Effective Dates

    Because there may be some confusion about the effective dates for 
the amendments in the Final Hazardous Waste Technical Corrections and 
Clarifications Rule (75 FR 12989) which are not being withdrawn and 
which go into effect on June 16, 2010, EPA is here providing further 
explanation for the three types of amendments in the Final Rule. The 
three types of amendments result from the fact that the amendments are 
promulgated in part under the authority of the Hazardous and Solid 
Waste Amendments of 1984 (HSWA), and in part under non-HSWA RCRA 
authority. In addition, some amendments are jointly promulgated under 
the authority of the Hazardous Materials Transportation Act (HMTA).
    First, the following amendments to the manifest regulations are 
promulgated under non-HSWA RCRA authority and the authority of the 
Hazardous Materials Transportation Act:
    <bullet> 40 CFR 262.23,
    <bullet> 40 CFR 262.41, and
    <bullet> 40 CFR 262.42, and
    <bullet> 40 CFR 262.60(b).
    These non-HSWA manifest amendments will be implemented under RCRA 
authority on the effective date only in those states that do not have 
final authorization of their base RCRA programs. These changes will not 
therefore be implemented and enforced under RCRA authority in 
authorized states until the authorized states have revised their 
programs and received authorization for these program revisions. 
However, because these hazardous waste manifest requirements

[[Page 31717]]

are jointly promulgated by EPA under RCRA authority and the Department 
of Transportation (DOT) under the federal hazardous materials 
transportation laws, the manifest changes will be applicable federally 
in all states under the authority of the Hazardous Materials 
Transportation Act (HMTA) on the effective date. All states will be 
required to adopt these amendments in accordance with the consistency 
requirements in 40 CFR 271.4(c). (See 70 FR 10810-10811, March 4, 2005 
for a further discussion of the effects of DOT hazardous materials law, 
RCRA consistency requirements, and state authorization on the 
implementation of the manifest.)
    Second, the following amendments are promulgated under the 
authority of HSWA and, because they are not more stringent, they will 
be effective on June 16, 2010, in states that are not currently 
authorized for the section being amended:
    <bullet> All amendments to regulations in 40 CFR Part 268,
    <bullet> 40 CFR 264.552, and
    <bullet> 40 CFR 266.101.
    Third, all other amendments in the Hazardous Waste Technical 
Corrections and Clarifications Rule which are not withdrawn and go into 
effect on June 16, 2010, are promulgated under non-HSWA RCRA authority. 
These non-HSWA amendments will be applicable on the effective date only 
in those states that do not have final authorization of their base RCRA 
programs.
    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. The Hazardous Waste Technical Corrections and 
Clarifications Rule is considered to be neither more nor less stringent 
than the current standards. Therefore, authorized states, while not 
required to modify their programs to adopt the second and third types 
of technical corrections discussed above are strongly urged to adopt 
these technical corrections to avoid any confusion or misunderstanding 
by the regulated community and the public.

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: May 27, 2010.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
    Accordingly, EPA withdraws the amendment to the entry ``K107'' in 
the table 40 CFR 261.32(a), the amendment at 40 CFR 262.34(a), the 
amendment at 40 CFR 262.34(a)(1)(iv)(B), the amendment at 40 CFR 
262.34(a)(2), the amendment at 40 CFR 262.34(a)(5), and the amendment 
at 40 CFR 266.20(b) published in the Federal Register on March 18, 2010 
(75 FR 12989).

[FR Doc. 2010-13376 Filed 6-3-10; 8:45 am]
BILLING CODE 6560-50-P


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