Rule2024-28802
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 11, 2024
Effective
February 10, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA or the Agency) is finalizing five amendments that were withdrawn in its December 6, 2023, partial withdrawal of direct final rule.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 responding to the relevant adverse comments in this action.
Full Text
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<title>Federal Register, Volume 89 Issue 238 (Wednesday, December 11, 2024)</title>
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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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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finalizing five amendments that were withdrawn in its December 6, 2023,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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
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, (<a href="/cdn-cgi/l/email-protection#e488819090ca8f85908c9da4819485ca838b92"><span class="__cf_email__" data-cfemail="9ff3faebebb1f4feebf7e6dffaeffeb1f8f0e9">[email protected]</span></a>) 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 (<a href="/cdn-cgi/l/email-protection#caaca3beb0adafb8aba6aee4a1b8a3b9bea3a48aafbaabe4ada5bc"><span class="__cf_email__" data-cfemail="9cfaf5e8e6fbf9eefdf0f8b2f7eef5efe8f5f2dcf9ecfdb2fbf3ea">[email protected]</span></a>).
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\ <a href="https://www.epa.gov/hwgenerators/frequent-questions-about-management-standards-hazardous-waste-pharmaceuticals-and#e2">https://www.epa.gov/hwgenerators/frequent-questions-about-management-standards-hazardous-waste-pharmaceuticals-and#e2</a>.
\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 <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
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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</html>Indexed from Federal Register on December 11, 2024.
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