Rule2023-26750
Hazardous Waste Generator Improvements Rule, the Hazardous Waste Pharmaceuticals Rule, and the Definition of Solid Waste Rule; Technical Corrections
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 6, 2023
Effective
December 7, 2023
Issuing agencies
Environmental Protection Agency
Abstract
Because the EPA received adverse comment on eight amendments in the direct final rule published on August 9, 2023, we are withdrawing amendments to specific provisions through correction to the direct final rule.
Full Text
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<title>Federal Register, Volume 88 Issue 233 (Wednesday, December 6, 2023)</title>
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[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Rules and Regulations]
[Pages 84710-84713]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26750]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 261, 262, and 266
[EPA-HQ-OLEM-2023-0081; FRL 8687-03-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: Partial withdrawal of direct final rule.
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SUMMARY: Because the EPA received adverse comment on eight amendments
in the direct final rule published on August 9, 2023, we are
withdrawing amendments to specific provisions through correction to the
direct final rule.
DATES: This correction is effective December 7, 2023.
FOR FURTHER INFORMATION CONTACT: Brian Knieser, U.S. Environmental
Protection Agency, Office of Resource Conservation and Recovery, (MC:
5304T), 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 566-
0516, (<a href="/cdn-cgi/l/email-protection#acc7c2c5c9dfc9de82cedec5cdc2ecc9dccd82cbc3da"><span class="__cf_email__" data-cfemail="274c494e425442550945554e46496742574609404851">[email protected]</span></a>) or 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, (<a href="/cdn-cgi/l/email-protection#4d2128393963262c3925340d283d2c632a223b"><span class="__cf_email__" data-cfemail="f09c958484de9b91849889b0958091de979f86">[email protected]</span></a>).
SUPPLEMENTARY INFORMATION: Because the EPA received adverse comment on
specific amendments, through this correction, we are withdrawing only
those specific amendments from the direct final rule, Hazardous Waste
Generator Improvements Rule, the Hazardous Waste Pharmaceuticals Rule,
and the Definition of Solid Waste Rule; Technical Corrections,
published on August 9, 2023 (88 FR 54086). We stated in that direct
final rule that if we received adverse comment by the close of the
comment period on October 10, 2023, the specific amendments in the
direct final rule that are the subject of adverse comment would not
take effect, and we would publish a timely withdrawal in the Federal
Register. Because the EPA subsequently received adverse comment on
eight amendments in that direct final rule, we are withdrawing only the
eight affected amendments. All other amendments in that direct final
rule will go into effect on the effective date (December 7, 2023). The
eight specific amendments that are being withdrawn are:
1. Section 261.4(e)(1) introductory text related to sample waste
generated or collected for the purpose of conducting treatability
studies.
2. Section 262.11(d) introductory text related to identifying
hazardous characteristics for listed hazardous wastes when the
characteristic is already addressed by the listing.
3. Section 262.11(g) related to identifying hazardous
characteristics for listed hazardous wastes when the characteristic is
already addressed by the listing.
4. Section 262.16(b)(1) related to the accumulation limit for small
quantity generators generating acute hazardous waste.
5. Section 262.17(a)(8)(i) introductory text related to LQG closure
notification when closing a waste accumulation unit but not the whole
facility.
6. Section 262.17(a)(8)(i)(A) related to LQG closure notification
when closing a waste accumulation unit but not the whole facility.
7. Section 262.232(b)(6)(iv) related to adding ``RCRA-'' to the
term ``designated facility'' to match the language of parallel
provisions in this section.
8. Section 266.508(a)(2)(ii) related to allowing applicable EPA
hazardous waste numbers (also known as waste codes) in addition to the
required PHARMS code in item 13 of the hazardous waste manifest for
shipments of hazardous waste pharmaceuticals from a healthcare facility
subject to 40 CFR part 266 subpart P. We are also withdrawing language
from this provision that allows the use of PHRM in lieu of PHARMS in
item 13 of the hazardous waste manifest.
Except for the amendment to Sec. 262.11 at instruction 25, which
is withdrawn in full, because the provisions we are withdrawing appear
in amendatory instructions affecting other provisions, we are
correcting the corresponding amendments in full minus those provisions
withdrawn.
The EPA published a parallel proposed rule on the same day as the
direct final rule. The proposed rule invited comment on the substance
of the direct final rule. We will address those comments in any
subsequent final action, which will be based on the parallel proposed
rule also published on
[[Page 84711]]
August 9, 2023. As stated in the direct final rule and the parallel
proposed rule, we will not institute a second comment period on this
action.
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 CFR Part 262
Environmental protection, Exports, Hazardous materials
transportation, Hazardous waste, Imports, Labeling, Packaging and
containers, Reporting and recordkeeping requirements.
40 CFR Part 266
Environmental protection, Energy, Hazardous waste, Recycling,
Reporting and recordkeeping requirements.
Michael S. Regan,
Administrator.
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For the reasons stated above, EPA is withdrawing amendments in the
direct final rule published August 9, 2023, at 88 FR 54086, by making
the following corrections:
Correction
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In FR Rule Doc. No. 2023-14731, published August 9, 2023, at 88 FR
54086, make the following corrections:
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1. On page 54109, in the first column, amendatory instruction 25
amending Sec. 262.11 is removed.
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2. Beginning on page 54100 and ending on page 54114, correct amendatory
instructions 5 (Sec. 261.4), 27 (Sec. 262.16), 28 (Sec. 262.17), 34
(Sec. 262.232), and 55 (Sec. 266.508) to read as follows:
0
5. Section 261.4 is amended by revising paragraphs (a)(25)(i)(I),
(a)(25)(vi) and (vii), and (a)(25)(xi)(D) to read as follows:
Sec. 261.4 Exclusions.
(a) * * *
(25) * * *
(i) * * *
(I) The name of any countries of transit through which the
hazardous secondary material will be sent and a description of the
approximate length of time it will remain in such countries and the
nature of its handling while there (for purposes of this section, the
terms ``EPA Acknowledgment of Consent'', ``country of import'' and
``country of transit'' are used as defined in 40 CFR 262.81 with the
exception that the terms in this section refer to hazardous secondary
materials, rather than hazardous waste):
* * * * *
(vi) The export of hazardous secondary material under this
paragraph (a)(25) is prohibited unless the hazardous secondary material
generator receives from EPA an EPA Acknowledgment of Consent
documenting the consent of the country of import to the receipt of the
hazardous secondary material. Where the country of import objects to
receipt of the hazardous secondary material or withdraws a prior
consent, EPA will notify the hazardous secondary material generator in
writing. EPA will also notify the hazardous secondary material
generator of any responses from countries of transit.
(vii) Prior to each shipment, the hazardous secondary material
generator or a U.S. authorized agent must:
(A) Submit Electronic Export Information (EEI) for each shipment to
the Automated Export System (AES) or its successor system, under the
International Trade Data System (ITDS) platform, in accordance with 15
CFR 30.4(b).
(B) Include the following items in the EEI, along with the other
information required under 15 CFR 30.6:
(1) EPA license code;
(2) Commodity classification code per 15 CFR 30.6(a)(12);
(3) EPA consent number;
(4) Country of ultimate destination per 15 CFR 30.6(a)(5);
(5) Date of export per 15 CFR 30.6(a)(2);
(6) Quantity of waste in shipment and units for reported quantity,
if required reporting units established by value for the reported
commodity classification number are in units of weight or volume per 15
CFR 30.6(a)(15); or
(7) EPA net quantity reported in units of kilograms, if required
reporting units established by value for the reported commodity
classification number are not in units of weight or volume.
* * * * *
(xi) * * *
(D) By reclaimer and intermediate facility, for each hazardous
secondary material exported, a description of the hazardous secondary
material and the EPA hazardous waste number that would apply if the
hazardous secondary material was managed as hazardous waste, the DOT
hazard class, the name and U.S. EPA ID number (where applicable) for
each transporter used, the consent number(s) under which the hazardous
secondary material was shipped and for each consent number, the total
amount of hazardous secondary material shipped and the number of
shipments exported during the calendar year covered by the report;
* * * * *
0
27. Section 262.16 is amended by revising the introductory text and
paragraphs (b) introductory text, (b)(5) introductory text, and
(b)(8)(iv)(A) and (B) to read as follows:
Sec. 262.16 Conditions for exemption for a small quantity generator
that accumulates hazardous waste.
A small quantity generator may accumulate hazardous waste on site
without a permit or interim status, and without complying with the
requirements of parts 124, 264 through 267, and 270 of this chapter, or
the notification requirements of section 3010 of RCRA for treatment,
storage, and disposal facilities, provided that all the conditions for
exemption listed in this section are met:
* * * * *
(b) Accumulation. The generator accumulates hazardous waste on site
for no more than 180 days, unless in compliance with the conditions for
exemption for longer accumulation in paragraphs (c), (d), and (e) of
this section. The following accumulation conditions also apply:
* * * * *
(5) Accumulation of hazardous waste in containment buildings. If
the waste is placed in containment buildings, the small quantity
generator must comply with 40 CFR part 265 subpart DD. The generator
must label its containment buildings with the words ``Hazardous Waste''
in a conspicuous place easily visible to employees, visitors, emergency
responders, waste handlers, or other persons on site and also in a
conspicuous place provide an indication of the hazards of the contents
(examples include, but are not limited to, the applicable hazardous
waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic);
hazard communication consistent with the Department of Transportation
requirements at 49 CFR part 172, subpart E (labeling) or subpart F
(placarding); a hazard statement or pictogram consistent with the
Occupational Safety and Health Administration Hazard Communication
Standard at 29 CFR 1910.1200; or a chemical hazard label consistent
with the National Fire Protection Association code 704). The generator
must also maintain:
* * * * *
(8) * * *
(iv) * * *
(A) Whenever hazardous waste is being poured, mixed, spread, or
[[Page 84712]]
otherwise handled, all personnel involved in the operation must have
immediate access (e.g., direct or unimpeded access) to an internal
alarm or emergency communication device, either directly or through
visual or voice contact with another employee, unless such a device is
not required under paragraph (b)(8)(ii) of this section.
(B) In the event there is just one employee on the premises while
the facility is operating, the employee must have immediate access
(e.g., direct or unimpeded access) to a device, such as a telephone
(immediately available at the scene of operation) or a hand-held two-
way radio, capable of summoning external emergency assistance, unless
such a device is not required under paragraph (b)(8)(ii) of this
section.
* * * * *
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28. Section 262.17 is amended by revising the introductory text and
paragraphs (a)(2), (a)(7)(i)(A), (a)(8)(iii)(A)(4), (b), (c)
introductory text, (d), (e), and (f) introductory text to read as
follows:
Sec. 262.17 Conditions for exemption for a large quantity generator
that accumulates hazardous waste.
A large quantity generator may accumulate hazardous waste on site
without a permit or interim status, and without complying with the
requirements of parts 124, 264 through 267, and 270 of this chapter, or
the notification requirements of section 3010 of RCRA for treatment,
storage, and disposal facilities, provided that all of the following
conditions for exemption are met:
* * * * *
(a) * * *
(2) Accumulation of hazardous waste in tanks. If the waste is
placed in tanks, the large quantity generator must comply with the
applicable requirements of subpart J (except Sec. Sec. 265.197(c) and
265.200 of this subchapter) as well as the applicable requirements of
40 CFR part 265, subparts AA through CC.
* * * * *
(7) * * *
(i)(A) Facility personnel must successfully complete a program of
classroom instruction, online training (e.g., computer-based or
electronic), or on-the-job training that teaches them to perform their
duties in a way that ensures compliance with this part. The large
quantity generator must ensure that this program includes all the
elements described in the document required under paragraph
(a)(7)(iv)(C) of this section.
* * * * *
(8) * * *
(iii) * * *
(A) * * *
(4) If the generator demonstrates that any contaminated soils and
wastes cannot be practicably removed or decontaminated as required in
paragraph (a)(8)(iii)(A)(2) of this section, then the waste
accumulation unit is considered to be a landfill and the generator must
close the waste accumulation unit and perform postclosure care in
accordance with the closure and post-closure care requirements that
apply to landfills (Sec. 265.310 of this subchapter). In addition, for
the purposes of closure, post-closure, and financial responsibility,
such a waste accumulation unit is then considered to be a landfill, and
the generator must meet all of the requirements for landfills specified
in 40 CFR part 265, subparts G and H.
* * * * *
(b) Accumulation time limit extension. A large quantity generator
who accumulates hazardous waste for more than 90 days is subject to the
requirements of 40 CFR parts 124, 264 through 268, and part 270 of this
chapter, and the notification requirements of section 3010 of RCRA for
treatment, storage, and disposal facilities, unless it 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) Accumulation of F006. A large quantity generator who also
generates wastewater treatment sludges from electroplating operations
that meet the listing description for the EPA hazardous waste number
F006, may accumulate F006 waste on site for more than 90 days, but not
more than 180 days without being subject to parts 124, 264 through 267,
and 270 of this chapter, and the notification requirements of section
3010 of RCRA for treatment, storage, and disposal facilities, provided
that it complies with all of the following additional conditions for
exemption:
* * * * *
(d) F006 transported over 200 miles. A large quantity generator who
also generates wastewater treatment sludges from electroplating
operations that meet the listing description for the EPA hazardous
waste number F006, and who must transport this waste, or offer this
waste for transportation, over a distance of 200 miles or more for off-
site metals recovery, may accumulate F006 waste on site for more than
90 days, but not more than 270 days without being subject to parts 124,
264 through 267, and 270 of this chapter, and the notification
requirements of section 3010 of RCRA for treatment, storage, and
disposal facilities, if the large quantity generator complies with all
of the conditions for exemption of paragraphs (c)(1) through (4) of
this section.
(e) F006 accumulation time extension. A large quantity generator
accumulating F006 in accordance with paragraphs (c) and (d) 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 124, 264, 265, 267, and 270, and the
notification requirements of section 3010 of RCRA for treatment,
storage, and disposal facilities, 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.
(f) Consolidation of hazardous waste received from very small
quantity generators. Large quantity generators may accumulate on site
hazardous waste received from very small quantity generators under
control of the same person (as defined in Sec. 260.10 of this
subchapter), without a storage permit or interim status and without
complying with the requirements of parts 124, 264 through 268, and 270
of this chapter, and the notification requirements of section 3010 of
RCRA for treatment, storage, and disposal facilities, provided that
they comply with the following conditions. ``Control,'' for the
purposes of this section, means the power to direct the policies of the
generator, whether by the ownership of stock, voting rights, or
otherwise, except that contractors who operate generator facilities on
behalf of a different person
[[Page 84713]]
shall not be deemed to ``control'' such generators.
* * * * *
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34. Section 262.232 is amended by revising the paragraphs (a)(5),
(b)(4) introductory text, and (b)(4)(ii)(C) to read as follows:
Sec. 262.232 Conditions for a generator managing hazardous waste from
an episodic event.
(a) * * *
(5) The very small quantity generator must comply with the
hazardous waste manifest provisions of subpart B of this part and the
recordkeeping provisions for small quantity generators in Sec. 262.44
when it sends its episodic event hazardous waste off site to a
designated facility, as defined in Sec. 260.10 of this subchapter.
* * * * *
(b) * * *
(4) Accumulation by small quantity generators. A small quantity
generator is prohibited from accumulating hazardous wastes generated
from an episodic event on drip pads and in containment buildings. When
accumulating hazardous waste generated from an episodic event in
containers and tanks, the following conditions apply:
* * * * *
(ii) * * *
(C) Use inventory logs, monitoring equipment or other records to
identify the date upon which each episodic event begins; and
* * * * *
0
55. Section 266.508 is amended by revising paragraphs (a)(1)(iii)(C)
and (a)(2)(i) to read as follows:
Sec. 266.508 Shipping non-creditable hazardous waste pharmaceuticals
from a healthcare facility of evaluated hazardous waste pharmaceuticals
from a reverse distributor.
(a) * * *
(1) * * *
(iii) * * *
(C) Lab packs that will be incinerated in compliance with Sec.
268.42(c) of this subchapter are not required to be marked with EPA
hazardous waste numbers (i.e., hazardous waste codes), except D004,
D005, D006, D007, D008, D010, and D011, where applicable. A nationally
recognized electronic system, such as bar coding or radio frequency
identification tag, may be used to identify the applicable EPA
hazardous waste numbers (i.e., hazardous waste codes).
* * * * *
(2) * * *
(i) A healthcare facility shipping noncreditable hazardous waste
pharmaceuticals is not required to list all applicable EPA hazardous
waste numbers (i.e., hazardous waste codes) in Item 13 of EPA Form
8700-22.
* * * * *
[FR Doc. 2023-26750 Filed 12-5-23; 8:45 am]
BILLING CODE 6560-50-P
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