85732 Federal Register /Vol. 81, No. 228/Monday, …

1 85732 Federal Register / Vol. 81, No. 228 / Monday, november 28, 2016 / Rules and Regulations ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: Jim F. Revisions to Satellite Accumulation AGENCY O'Leary, Environmental Protection Area (SAA) Regulations for SQGs and Agency, Office of Resource LQGs ( ). 40 CFR Parts 257, 258, 260, 261, 262, G. Accumulation of Hazardous Waste by Conservation and Recovery, (MC: SQGs and LQGs on Drip Pads and in 263, 264, 265, 266, 267, 268, 270, 271, 5304P), 1200 Pennsylvania Ave. NW., Containment Buildings 273, and 279 Washington, DC 20460, (703) 308 8827, H. Special Requirements for Ignitable and [EPA HQ RCRA 2012 0121; FRL 9947 26 or Kathy Lett, Reactive Wastes for LQGs (40 CFR. OLEM] Environmental Protection Agency, (a)(1)(vi)). Office of Resource Conservation and I. LQG Closure Regulations (40 CFR. RIN 2050 AG70 Recovery, (MC: 5304P), 1200 (a)(8)). J. Documentation of Inspections of Waste Pennsylvania Ave.

2 NW., Washington, Hazardous Waste Generator Accumulation Units DC 20460, (703) 605 0761, ( @ K. Allowing VSGQs To Send Hazardous Improvements Rule ). Waste to LQGs Under the Control of the AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: Same Person (40 CFR (a)(5)(viii). Agency (EPA). and (f)). I. Table of Contents L. EPA Identification Numbers and Re- ACTION: Final rule. The information presented in this Notification for SQGs and LQGs (40 CFR. SUMMARY: With this action, the United preamble is organized as follows: ). M. Provision Prohibiting Generators from States Environmental Protection Agency I. Table of Contents Disposing of Liquids in Landfills (40. (EPA) is finalizing revisions to the II. General Information CFR (b) and ). Resource Conservation and Recovery A. Does this action apply to me? N. Clarification of Biennial Reporting Act's (RCRA) hazardous waste generator B. Incorporation by Reference Requirements (40 CFR , regulatory program proposed on III.)

3 Statutory Authority and ). September 25, 2015. There are several IV. What is the intent of this final rule? O. Extending Time Limit for Accumulation objectives to these revisions. They V. Background Under Alternative Requirements for A. History of the Hazardous Waste Laboratories Owned by Eligible include reorganizing the hazardous Generator Program Academic Entities (40 CFR Part 262. waste generator regulations to make B. Hazardous Waste Generator Subpart K). them more user-friendly and thus Demographics P. Deletion of Performance Track and improve their usability by the regulated VI. Reorganization of the Hazardous Waste Project XL Regulations community; providing a better Generator Regulations and Organization X. Addition to 40 CFR Part 262 for understanding of how the RCRA of the Preamble Generators That Temporarily Change hazardous waste generator regulatory A. Moving and Integrating Regulations Generator Category as a Result of an program works; addressing gaps in the From 40 CFR Into 40 CFR Part 262 Episodic Event B.

4 SQG and LQG Conditions for Exemption A. Introduction existing regulations to strengthen (40 CFR and ) B. What is EPA finalizing? environmental protection; providing C. EPA Identification Number (40 CFR C. What changed since proposal? greater flexibility for hazardous waste ) D. Major Comments generators to manage their hazardous D. What changed since proposal? XI. Detailed Discussion of Preparedness, waste in a cost-effective and protective E. Guidance and Implementation Prevention, and Emergency Procedures manner; and making technical VII. Detailed Discussion of Revisions to 40 Provisions for SQGs (40 CFR ) and corrections and conforming changes to CFR Part 260 Hazardous Waste LQGs (40 CFR and 40 CFR Part address inadvertent errors and remove Management System: General 262 Subpart M). A. Generator Category Definitions (40 CFR A. Introduction obsolete references to programs that no ) B. What is EPA finalizing as proposed? longer exist.

5 This final rule responds to B. Generators That Generate Both Acute C. What is EPA finalizing with changes to the comments of EPA stakeholders, and Non-Acute Hazardous Waste in the proposed rule language? taking into consideration the mission of Same Calendar Month (40 CFR ) D. What is EPA not including in the final EPA and the goals of RCRA. C. Definition of Central Accumulation Area rule? DATES: This final rule is effective on (40 CFR ) XII. Technical Corrections and Conforming May 30, 2017. The incorporation by VIII. Detailed Discussion of Revisions to 40 Changes to 40 CFR Parts 257, 258, 260. CFR Part 261 Requiring Biennial Through 265, 270, 273, and 279. reference of certain publications listed Reporting for Owners or Operators of A. What is EPA finalizing? in the regulations is approved by the Facilities That Recycle Hazardous Waste B. What changed since proposal? Director of the Federal Register as of Without Storing It (40 CFR (c)(2)) C.

6 Major Comments May 30, 2017. A. Introduction XIII. Electronic Tools To Streamline ADDRESSES: The EPA has established a B. What is EPA finalizing? Hazardous Waste Reporting and docket for this action under Docket ID C. Major Comments Recordkeeping Requirements No. EPA HQ RCRA 2012 0121. All IX. Detailed Discussion of Revisions to 40 A. Waste Determination Tools CFR Part 262 Standards Applicable to B. Emergency Response Executive documents in the docket are listed on Generators of Hazardous Waste Summary App the Web A. Addition of Terms Used in This Part C. Recordkeeping and Reporting Tools site. Although listed in the index, some and Changes to Purpose, Scope and D. Analysis of Comments information is not publicly available, Applicability (40 CFR and ) XIV. Enforceability , CBI or other information whose B. Waste Determinations (40 CFR ) XV. State Authorization disclosure is restricted by statute. C. Determining Generator Category (40 CFR A.)

7 Applicability of Rules in Authorized mstockstill on DSK3G9T082 PROD with RULES3. Certain other material, such as ) States copyrighted material, is not placed on D. Very Small Quantity Generator B. Effect on State Authorization of Final Conditions for Exemption (40 CFR Rule the Internet and will be publicly ) XVI. Statutory and Executive Order Reviews available only in hard copy form. E. Marking and Labeling and Hazardous A. Executive Order 12866: Regulatory Publicly available docket materials are Waste Numbers (40 CFR (a)(5), Planning and Review and Executive available electronically through http:// (b)(6), (a)(5), (b) (d), Order 13563: Improving Regulation and (b) and (a)(2)(i) Regulatory Review VerDate Sep<11>2014 20:32 Nov 25, 2016 Jkt 241001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\ 28 NOR3. Federal Register / Vol. 81, No. 228 / Monday, november 28, 2016 / Rules and Regulations 85733. B. Paperwork Reduction Act (PRA) end estimate and $ million for the buildings, indoor storage and general C.

8 Regulatory Flexibility Act (RFA) high-end estimate at a 7% discount rate. purpose warehouses. They are available D. Unfunded Mandates Reform Act The Hazardous Waste Generator for inspection through NFPA's Free E. Executive Oder 13132: Federalism Improvements Rule is expected to yield Access site, F. Executive Order 13175: Consultation and Coordination With Indian Tribal a variety of benefits as generators freeaccess. Copies may be obtained from Governments change several of their waste the National Fire Protection G. Executive Order 13045: Protection of management practices to comply with Association, 1 Batterymarch Park, Children From Environmental Health the regulations. These benefits reflect Quincy, MA 02269. (For ordering Risks and Safety Risks the rule's focus on enhancing protection information, call toll-free 1 800 344 . H. Executive Order 13211: Actions of human health and the environment 3555 or visit Concerning Regulations That while improving the efficiency of the and-standards.)

9 Significantly Affect Energy Supply, RCRA hazardous waste generator Distribution or Use standards. Ideally, the Agency would III. Statutory Authority I. National Technology Transfer and prefer to quantify and monetize the These regulations are promulgated Advancement Act (NTTAA). J. Executive Order 12898: Federal Actions rule's total benefits. However, only under the authority of sections 2002, To Address Environmental Justice in some categories of benefits are 3001, 3002, 3003, 3004, 3005, 3007, and Minority Populations and Low-Income quantifiable; sufficient data are not 3010 of the Solid Waste Disposal Act of Populations available to support a detailed 1965, as amended by the Resource K. Congressional Review Act (CRA) quantitative analysis for a majority of Conservation and Recovery Act of 1976. the benefit categories. For example, the (RCRA), as amended by the Hazardous II. General Information added flexibility from allowing a large and Solid Waste Amendments of 1984.

10 A. Does this action apply to me? quantity generator accumulating (HSWA), 42 6921, 6922, 6923, Entities potentially affected by this ignitable or reactive hazardous waste to and 6924. This statute is commonly action include between 424,099 and obtain an approval from the authority referred to as RCRA.''. 676,890 industrial entities that generate having jurisdiction (AHJ) over the fire IV. What is the intent of this final rule? hazardous waste regulated under the code for the 50-foot property line requirement at 40 CFR This final rule promulgates over 60. RCRA Subtitle C regulations. Of this (provided other safety requirements are revisions and new provisions to the universe, between 353,441 and 591,809 hazardous waste generator regulatory are very small quantity generators met) is difficult to quantify. In addition, quantifying the benefits associated with program. The primary intent of these (VSQGs),1 previously called provisions is to foster improved conditionally exempt small quantity emergency response due to changes in container labeling would require data compliance by hazardous waste generators, whose regulatory obligations generators in the identification and will only be affected if they choose to on the annual number of emergencies at generator sites, the current risks management of the hazardous waste take advantage of either of the two they generate and, as a result, improve voluntary programs being promulgated.