[Federal Register Volume 67, Number 12 (Thursday, January 17, 2002)]
[Proposed Rules]
[Pages 2518-2544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-191]
[[Page 2517]]
-----------------------------------------------------------------------
Part II
Environmental Protection Agency
-----------------------------------------------------------------------
40 CFR Part 260, et al.
Resource Conservation and Recovery Act Burden Reduction Initiative;
Proposed Rule
Federal Register / Vol. 67, No. 12 / Thursday, January 17, 2002 /
Proposed Rules
[[Page 2518]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 260, 261, 264, 265, 266, 268, 270, and 271
[FRL-7123-9]
RIN 2050-AE50
Resource Conservation and Recovery Act Burden Reduction
Initiative
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) proposes to reduce
the recordkeeping and reporting burden the Resource Conservation and
Recovery Act (RCRA) imposes on the states, the public, and the
regulated community. The burden reduction ideas proposed today will
have no anticipated impact on the protections for human health and the
environment we have established. At the same time, our proposals will
eliminate non-essential paperwork.
In a Federal Register ``Notice of Data Availability'' published
June 18, 1999, we asked for comment on an initial set of burden
reduction ideas. In today's action, we are proposing for rulemaking
many of these ideas.
DATES: Written comments must be received by April 17, 2002.
ADDRESSES: If you wish to comment on this proposed rule, you must send
an original and two copies of the comments referencing Docket Number F-
1999-IBRA-FFFFF to: RCRA Information Center (RIC), Office of Solid
Waste (5305G), U.S. Environmental Protection Agency Headquarters (EPA
HQ), Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC
20460-0002; or, (2) if using special delivery, such as overnight
express service: RIC, Crystal Gateway One, 1235 Jefferson Davis
Highway, First Floor, Arlington, VA 22202. You may also submit comments
electronically following the directions in the Supplementary
Information section below.
You may view public comments and supporting materials in the RIC.
The RIC is open from 9 am to 4 pm Monday through Friday, excluding
Federal holidays. To review docket materials, we recommend that you
make an appointment by calling 703-603-9230. You may copy up to 100
pages from any regulatory document at no charge. Additional copies cost
$ 0.15 per page. For information on accessing an electronic copy of the
data base, see the SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: For general information, call the RCRA
Hotline at 1-800-424-9346 or TDD 1-800-553-7672 (hearing impaired).
Callers within the Washington Metropolitan Area must dial 703-412-9810
or TDD 703-412-3323 (hearing impaired). The RCRA Hotline is open
Monday-Friday, 9 am to 6 pm, Eastern Standard Time. For more
information on specific aspects of this proposed rule, contact Mr.
Robert Burchard at 703-308-8450, [email protected], write him at
the Office of Solid Waste, 5302W, U.S. EPA, Ariel Rios Building, 1200
Pennsylvania Avenue, NW., Washington, DC 20460.
SUPPLEMENTARY INFORMATION:
Submittal of Comments
You may submit comments electronically by sending electronic mail
through the Internet to: [email protected]. You should
identify comments in electronic format with the docket number F-1999-
IBRA-FFFFF. You must submit all electronic comments as an ASCII (text)
file, avoiding the use of special characters or any type of encryption.
The official record for this action will be kept in the paper form.
Accordingly, we will transfer all comments received electronically into
paper form and place them in the official record which will also
include all comments submitted directly in writing. The official record
is the paper record maintained at the RIC as described above. We may
seek clarification of electronic comments that are garbled in
transmission or during conversion to paper form.
You should not electronically submit any confidential business
information (CBI). You must submit an original and two copies of CBI
under separate cover to: RCRA CBI Document Control Officer, Office of
Solid Waste (5305W), U.S. EPA, Ariel Rios Building, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460.
If you do not submit comments electronically, we are asking
prospective commenters to voluntarily submit one additional copy of
their comments on labeled personal computer diskettes in ASCII (text)
format or a word processing format that can be converted to ASCII
(text). It is essential that you specify on the disk label the word
processing software and version/edition as well as the commenter's
name. This will allow us to convert the comments into one of the word
processing formats used by the Agency. Please use mailing envelopes
designed to protect the diskettes. We emphasize that submission of
diskettes is not mandatory, nor will it result in any advantage or
disadvantage to any commenter.
Accessing Electronic Data
Background information materials for this Notice are available on
the Internet. Follow the instructions below to access these materials
electronically:
WWW: http://www.epa.gov/epaoswer/hazwaste/data/burdenreduction.
FTP: ftp.epa.gov.
Login: anonymous.
Password: Your Internet address.Files are located in /pub/epaoswer.
Index
I. Background and Purpose of Today's Proposed Rulemaking
A. Why are We Reducing Burden?
B. How is Burden Estimated?
C. What is the Baseline for the Resource Conservation and
Recovery Act (RCRA) Paperwork Requirements?
D. What is the Resource Conservation and Recovery Act (RCRA)
Burden Reduction Initiative and What have We Done to Date?
E. How Can I Influence EPA's Thinking on this Rule?
II. Our Main Burden Reduction Proposals
A. We Propose to Reduce the Reporting Requirements for
Generators and Treatment, Storage and Disposal Facilities (TSDFs)
B. We are Proposing Weekly Hazardous Waste Tank Inspections
C. We Propose to Allow Facilities the Opportunity to Adjust the
Frequency of their Self-Inspections
D. We Propose Reducing the Burden of RCRA Personnel Training
Requirements and Eliminating an Overlap with Occupational Safety and
Health Administration Training Requirements
E. We Propose to Further Eliminate and Streamline the Land
Disposal Restrictions (LDR) Paperwork Requirements
III. Other Burden Reduction Proposals
IV. How Would Today's Proposed Regulatory Changes be Administered
and Enforced in the States?
A. Applicability of Federal Rules in Authorized States
B. Authorization of States for Today's Proposal
C. Abbreviated Authorization Procedures
V. Administrative Requirements
A. Executive Order 12866
B. Environmental Justice Executive Order 12898
C. Executive Order 13045: Protection of Children from
Environmental Health Risks and Safety Risks
D. National Technology Transfer and Advancement Act of 1995
E. Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)
F. Executive Order 13132 (Federalism)
G. Unfunded Mandates Reform Act
H. Executive Order 13175: Consultation with Indian and Tribal
Governments
I. Paperwork Reduction Act
J. Executive Order 13211 (Energy Effects)
[[Page 2519]]
Regulatory Language
I. Background and Purpose of Today's Proposed Rulemaking
A. Why Are We Reducing Burden?
To meet the federal government-wide goal established by the
Paperwork Reduction Act (PRA), we plan to reduce the burden imposed by
our reporting and recordkeeping requirements. Burden is the time that a
state employee, member of the regulated community, or private citizen
spends generating and reporting information to us and keeping records.
The PRA establishes a federal government-wide goal of reducing burden
40 percent from the total burden imposed annually on September 30,
1995.
B. How Is Burden Estimated?
We estimate burden by first listing the activities undertaken to
collect and organize information in response to our regulations, report
the information, or keep it as records. For each activity, we then
estimate the time in hours it takes an average respondent to complete
the information request, taking into account differences such as
facility size and amount of information required. Next, we verify these
estimates through consultations with affected parties. These hour
estimates are then multiplied by the number of people or entities
expected to complete the information collection. The results of these
analyses are the basis for our Information Collection Requests, which
are published in the Federal Register.
C. What Is the Baseline for the Resource Conservation and Recovery Act
(RCRA) Paperwork Requirements?
On September 30, 1995, the baseline for the PRA, the burden imposed
by RCRA regulation was 12,600,000 hours per year. Forty per cent
reduction from the baseline is 7,560,000 hours per year. This proposed
rule will eliminate 929,000 hours. Coupled with reductions that have
occurred, and reductions that are planned, we expect to reduce our
burden by 47% from 1995.
D. What Is the Resource Conservation and Recovery Act (RCRA) Burden
Reduction Initiative and What Have We Done to Date?
There have already been substantial burden reduction efforts in
implementing the Resource Conservation and Recovery Act (RCRA), such as
for the Land Disposal Restrictions and Used Oil programs. We have
already achieved reductions of close to five million burden hours.
And there are other ongoing, proactive burden reduction efforts
such as revisions to the Hazardous Waste Manifest system, including
allowing manifests to be sent electronically, development of a
standardized permit for selected RCRA facilities, and a major
information system overhaul through the Waste Information Needs (WIN)
Initiative.
The WIN Initiative is a multi-year project which is reinventing
RCRA information management. It operates as a partnership among EPA
Headquarters, EPA Regions, and the states. Both information management
experts and implementers of hazardous waste programs participate in the
Initiative.
The WIN Initiative began by identifying the information needed to
carry out the activities of the RCRA program, assessing the reliability
and accessibility of current information systems that support these
activities, projecting future information needs, and analyzing what the
needed information technologies will be. It is now implementing
information change, starting with the Biennial Report, Notification,
and part A permit application requirements.
The standardized permit, which was proposed on October 12, 2001 (66
FR 52191), would be available to facilities that generate hazardous
waste and then manage the waste in on-site units such as tanks,
containers, and containment buildings. The standardized permit would
streamline the entire permitting process.
Revisions to the Hazardous Waste Manifest include standardizing the
content and appearance of manifest forms and allowing waste handlers to
complete, send, and store manifest information electronically.
Additionally, we have combined our two main databases of hazardous
waste information (the Biennial Report and the Resource Conservation
and Recovery Information System--RCRIS) into a new database, named
``RCRAInfo'', which will provide easier and faster access to the
information we collect.
These are part of the Agency's efforts to comprehensively reform
and improve RCRA information management. This process has asked the
questions: Who uses hazardous waste information, why do they need it,
is the information useful as it is currently collected, and how can the
quality and timeliness of the information be improved?
Over the past three years, the RCRA Burden Reduction Initiative has
reviewed and analyzed all RCRA reporting and recordkeeping
requirements. We have developed ideas for eliminating or streamlining
many of them. We obtained input from program offices at EPA
Headquarters, the EPA Regions, and state experts on the validity of the
ideas, and whether the ideas would detract from our mission to protect
human health and the environment. This input was obtained through
almost twenty intensive information gathering sessions and workgroup
meetings. We also had the assistance of EPA's Office of Inspector
General, which made field visits to see whether certain records
required by regulation are kept and used by regulatory authorities. The
ideas for the Land Disposal Restrictions changes we are proposing today
came from a series of information gathering roundtables on the Land
Disposal Restrictions program sponsored by the Agency that brought
together EPA, state implementors, the regulated community, and
environmental groups.
Our ideas were first announced for comment in a June 18, 1999
Federal Register ``Notice of Data Availability'' (64 FR 32859). In the
``Notice'' and background documents (which are available on the
Internet), we included every burden reduction idea we considered. We
received 36 comments, all of which were taken into consideration when
developing today's proposal. Based on comments we received on the
``Notice'', we dropped a number of burden reduction ideas. Ideas were
dropped when a commenter demonstrated a practical use for the
information, or where they presented a specific example of how an idea
would negatively impact human health and the environment. Based on
these comments, we also added some additional ideas which appear in
today's proposal.
We discussed our burden reduction plans in public forums, including
a national public meeting in April 2000, sponsored by the Office of
Management and Budget on reinventing government, a national meeting of
states sponsored by the Association of Territorial and Solid Waste
Management Officials, several industry-outreach roundtables, and a
meeting with a coalition of environmental groups. At these forums, we
invited discussion of the same questions we had posed in the ``Notice
of Data Availability''. We received no specific information from
meeting participants indicating that human health and the environment
would be impaired if our burden reduction ideas were implemented.
E. How Can I Influence EPA's Thinking on This Rule?
We invite comment on all aspects of this proposal. We specifically
want comment on: How will this proposal affect users of environmental
[[Page 2520]]
information, particularly the public? Are any of the regulations we are
proposing to eliminate crucial to protecting human health and the
environment? What kinds of information do people need to protect public
health and the environment, and how can they get it most efficiently?
Most importantly, what information is actually used? Although a very
broad range of information might be theoretically useful to regulators
and the public, it is our understanding that much of the information we
have required to be collected and reported is not accessed or used on a
regular basis for protecting human health and the environment. At this
point, twenty years into the RCRA program, we would like our
information requirements to reflect demonstrated needs.
We plan to implement the ideas in today's proposal in a final
rulemaking, and your comments will play an important part in our
decision-making process.
If you have any comments on this proposal, you must submit them
even if you already submitted comments on the ``Notice of Data
Availability.'' Today's proposed rule responds to the comments we
received on the NODA, and we will assume that any concerns identified
in the comments on the NODA have been addressed unless we hear
otherwise.
In developing this proposal, we tried to address the concerns of
our stakeholders. Your comments will help us improve this rule. We
invite you to provide different views on options we propose, new
approaches we haven't considered, new data, how this rule may effect
you, or other relevant information. Your comments will be most
effective if you follow the suggestions below:
Explain your views clearly, and why you feel that way.
Provide technical and cost data to support your views.
If you estimate potential costs, explain how you arrived
at the estimate.
Tell us which parts you support, as well as those that you
disagree with.
Provide specific examples to illustrate your concerns.
Offer specific alternatives.
Refer your comments to specific sections of the proposal,
such as the units or page numbers of the preamble, or the regulatory
sections.
Submit your comments by the deadline in this Notice.
Include your name, date, and docket number with your
comments.
II. Our Main Burden Reduction Proposals
A. We Propose To Reduce the Reporting Requirements for Generators and
Treatment, Storage and Disposal Facilities (TSDFs)
We require the submittal of 334 different types of notifications,
reports, certifications, demonstrations, and plans from generators and
TSDFs to show compliance with the RCRA regulations. We also ask for
this information as part of applications for extensions, permits,
variances, and exemptions. A study done by the Chemical Manufacturers
Association showed that as with the other major environmental statutes
implemented by EPA--such as The Clean Air Act and The Clean Water Act--
RCRA imposes a large number of reporting requirements.
When we crafted our regulations, we decided to collect as much
information as possible about facility operations. Without prior
experience as a guide, our philosophy was that it was better to collect
information in all cases, knowing that we could eliminate information
requirements later if they turned out to not be useful.
Given that we now have 20 years of operating history in RCRA, we
have decided to use this proposed rulemaking to step back and
reevaluate based on actual experience whether this level of information
collection is necessary. And if not, whether we can reduce paperwork
while ensuring that public health and environmental protection
continues. Doing so will ease some of the unnecessary bureaucratic
controls we have established.
Based on comments we received on the ``Notice of Data
Availability,'' our own analysis (which consisted of interviews with
Agency experts, consulting with stakeholders, and professional
judgement in weighing the qualitative costs and benefits of the ideas),
and an analysis conducted by EPA's Office of Inspector General
(discussed above), we identified approximately one third of the 334
reporting requirements for elimination or modification.
We developed two criteria for determining which reports to keep,
cut, or modify, to the extent there was no indication from our outreach
activities and analysis that protection of human health and the
environment would be affected in any way: (1) Reporting should occur
for information about the opening and closing of a facility, along with
informational updates such as financial assurance updates and the
Biennial Report submission, and, (2) reporting on the majority of the
day-to-day functions of a facility is unnecessary. Although oversight
of hazardous waste facilities on a day-to-day basis is important, many
of the various notices now required are not used in assessing the
protectiveness of facility operations, and some are simply redundant.
One of the measures we used to determine this was whether the
information was put into a database by regulatory authorities.
The bulk of the reports we propose cutting or modifying are reports
notifying the regulatory agency that some other regulatory requirement
(such as complying with a technical standard for the operation of a
treatment unit) was performed. Other reports we propose to cut are
instances when a facility has to notify the regulatory authorities
twice about something that happened at the facility. Requiring a double
notification is overly burdensome and does not appreciably improve
protection of human health and the environment.
Our proposal maintains facility accountability and responsibility.
It still has a facility undertaking the basic environmentally
protective activities that are in the regulations--it just won't have
to submit a report to the regulatory authority that each activity was
completed. And, it will still have to record what happens at the
facility in the operating record.
Through this proposal, we hope to focus attention on those critical
reports regulators really need to have to ensure protection of human
health and the environment.
We are not curtailing the right of regulatory agencies to request
and receive any information. We are simply saying that facilities no
longer have to send in many of the reports they currently have to
submit on a regular basis.
We are not cutting back the government's or the public's ability to
know what is happening at a facility, and whether environmentally
protective activities are still occurring, because a basic set of
compliance information will still be at the facility (in the facility's
operating record). This information can be examined by regulatory
authorities and then shared with the public. And, another set of
information about a facility (how much waste they generate and what is
done with it) will still be readily accessible to the public via Agency
Web sites and Web sites run by non-Agency organizations such as the
Right-to-Know Network (www.rtknet.org).
Many of the notices and reports we propose eliminating are obscure
and only rarely needed to be sent to
[[Page 2521]]
regulatory authorities. They are the kind of notices and reports that,
based on our outreach and information gathering, are little, if at all,
used by the public.
Please review the regulatory language that is part of today's
rulemaking for the specific changes we are proposing to existing
regulatory requirements. If commenters believe that any of the notices
or reports we are proposing to eliminate are necessary, they should
provide specific examples of how the information has been used to
address a human health or environmental problem. And, if commenters
have a different way to identify which reports to eliminate or modify,
they should let us know.
The following chart contains all of the reporting and recordkeeping
requirements we propose to eliminate or modify. The first column shows
the requirement and what we propose to do with it. The second column
provides the regulatory citation that implements the requirement. The
Code of Federal Regulations (CFR) is a publication containing all
federal regulations. EPA's regulations are in 40 CFR.
We are interested in whether or not any of these items have an
existing, specific, and demonstrable use to the public or regulators.
In your comments, please provide specific examples of how this
information is used, and whether it is stored in an accessible
database.
RCRA Reporting and Recordkeeping Requirements Proposed for Elimination or Modification
----------------------------------------------------------------------------------------------------------------
Requirement 40 CFR (Code of Federal Regulations) citation
----------------------------------------------------------------------------------------------------------------
Submit report on industry-wide prevalence of the material 260.31(b)(2).
production process: Eliminate--Regulatory authorities
can decide whether to give a variance from
classification as a solid waste without this information.
Exclusion--Submit one-time notification for recycled wood- 261.4(a)(9)(iii)(E).
preserving wastewaters and spent wood-preserving
solutions: Eliminate--an unnecessary requirement.
According to an EPA expert, this requirement now has
limited use for regulators. Also, this proposed change
does not affect the other, existing, protective
regulatory requirements.
Submit report estimating the number of studies and amount 261.4(f)(9).
of waste to be used in treatability studies: Eliminate--
an unnecessary requirement, since this information is
provided to the regulatory agency at a later date,
meaning that the information has to be supplied by the
facility twice (an unnecessary duplication). Plus,
according to EPA staff experts, these estimates are not
usually accurate.
Exclusion--Generator submit a one-time comparable/syngas 261.38(c)(1)(i)(A).
fuel notice to the permitting agency: Eliminate--an
unnecessary requirement given the subsequent public
notice regulatory requirements (where this information
is also submitted). Plus, we are not eliminating the
overall regulatory requirements for burning, blending,
generation, sampling, etc.
Personnel training requirements--training program: 264.16(a)(3).
Eliminate the RCRA requirements, and have facilities
follow Occupational Safety and Health Administration
standards, which are more comprehensive. This is an area
of overlap that has been identified in a comprehensive
study of federal personnel training requirements by the
General Accounting Office.
Personnel training requirements--record job title: 264.16(d)(1).
Eliminate--based on comments from a state expert, we are
recommending that these requirements be deleted. The
rationale is that the job title doesn't necessarily
correspond to the work the employee does, and has little
bearing on whether the employee is capable of doing the
job safely.
Personnel training requirements--record job description: 264.16(d)(2).
Eliminate--based on comments from a state expert, we are
recommending that these requirements be deleted. The
rationale is that this requirement has little bearing on
whether the employee is capable of doing the job safely.
Personnel training requirements--record type and amount 264.16(d)(3).
of training that will be provided: Eliminate--based on
comments from a state expert, we are recommending that
these requirements be deleted. The rationale is that
this requirement isn't necessarily a good indicator of
whether an employee is capable of doing the job safely.
Contingency Plan--Coordination with other plans: Modify-- 264.52(b).
Plan should be based on the One Plan guidance, which
will eliminate the need to prepare multiple contingency
plans for Agency requirements.
Emergency Procedures--Notify Regional Administrator that 264.56(i).
facility is in compliance with 264.56(h) before resuming
operations: Eliminate--an unnecessary requirement. This
is a notification to the regulatory Agency that the
emergency coordinator has ensured that no incompatible
waste is being treated at the site and that the
emergency equipment is ready to use again. This
emergency coordinator does not need to have this
notification to ensure that these tasks are done. The
environmentally protective activities are still in
place, and are documented in the facility operating
record, as well as documented by the emergency
coordinator.
Operating record: Maintain operating record for facility 264.73(b).
Modify amount of time most of the information in
operating records have to be kept--three years instead
of for the life of the facility. We are proposing this
to standardize our record retention requirements.
Standards for Solid Waste Management Units Remove 264.90(a)(2).
obsolete language.
Detection Monitoring (Permitted Facilities)--Conduct and 264.98(c).
maintain ground-water monitoring: Modify--We plan to
introduce flexibility by allowing sampling for a smaller
subset of constituents from the Appendix IX list of
constituents. This idea originated from state staff with
field experience.
Detection Monitoring (Permitted Facilities)--Prepare and 264.98(g)(1).
submit the notification of contamination: We are taking
comment on eliminating this requirement (but we are not
proposing this in today's rule)--this has been
identified through our review of the regulations as a
duplicative requirement. The owner/operator must still
sample groundwater wells for hazardous constituents
(this is required by regulation) and also submit a
permit modification to the Regional Administrator that
establishes a compliance monitoring program for the
constituents. This should be sufficient to protect human
health and the environment.
Detection Monitoring (Permitted Facilities)--Prepare and 264.98(g)(5)(ii).
submit an engineering feasibility plan for corrective
action, if required: Modify--Our review of the
regulations identified this requirement as one that
could be switched from having to send it to the
regulatory authority to just keeping it as part of the
facility operating record. Our rationale is that this
information will be available at the facility for
inspectors to see, and that the facility operator still
has to undertake the environmentally protective actions
described in the regulation.
[[Page 2522]]
Detection Monitoring (Permitted Facilities)-- Prepare and 264.98(g)(6)(i), (ii).
submit notification of intent to make a demonstration:
Modify--make part of operating record instead of sending
it to the regulatory authority. This information will be
available at the facility for inspectors to see.
Additionally, this kind of information is also provided
to the regulatory authorities in the permit modification
submitted under 264.98(g)(6)(iii).
Compliance Monitoring (Permitted Facilities)--Prepare and 264.99(g).
submit notification of new constituent concentrations:
Modify--number of wells, samples, and constituents will
be determined on a case-by-case basis, instead of for
all wells. This idea came from state experts, and is
based on their field experience that sampling all wells
can be unnecessary.
Compliance Monitoring (Permitted Facilities)--Prepare and 264.99(h)(1).
submit notification of exceeded concentration limits:
Eliminate--this has been identified through our review
of the regulations as a duplicative requirement, since
this information is later included as part of a permit
modification that must be submitted under 264.99(h)(2).
Compliance Monitoring (Permitted Facilities)--Prepare and 264.99(i)(1), (2).
submit notification of intent to make a demonstration:
Eliminate--this has been identified through our review
of the regulations as a duplicative requirement, since
the Regional Administrator will get the same information
through the 264.99(i)(3) permit modification.
Closure (Permitted Facilities)--Submit semi-annual 264.113(e)(5).
corrective action report: Modify--report only needs to
be submitted annually, instead of semi-annually.
According to staff experts at the Agency, annual reports
will be sufficient to ensure protection of human health
and the environment.
Certification of Closure: We are taking comment on (but 264.115.
we are not proposing in today's rule) whether a
Certified Hazardous Materials Manager is capable of
performing this certification.
Certification of Completion of Post-Closure Care: Modify-- 264.120.
certification can be by a Certified Hazardous Materials
Manager, who will have sufficient education and skill to
make this certification.
Containers--Inspection frequency: Allow self-inspection 264.174.
frequencies to be changed, on a case-by-case basis.
Based on comments from states and the regulated
community, we want to provide flexibility in inspections
for well-performing facilities.
Assessment of existing tank system's integrity: Modify-- 264.191(a), (b)(5)(ii).
assessment can be made by a Certified Hazardous
Materials Manager, who will have sufficient education
and skill to do this certification.
Assessment of new tank system and components: Modify--can 264.192(a), (b).
be made by a Certified Hazardous Materials Manager, who
will have sufficient education and skill to do this
certification. And, this assessment may be retained on-
site.
Containment and detection of releases: Remove obsolete 264.193(a), (a)(1)-(5).
language.
Leak Detection System for Tanks: Eliminate need for 264.193(c)(3), (c)(4), (e)(3)(iii).
demonstrations to the regulatory authorities, and make
this requirement self-implementing. The owner or
operator is in the best position to make the
determination as to what is the earliest practical time,
based on the site characteristics.
Variance from Leak Detection Systems for Tanks: Eliminate 264.193(g), (h).
need to obtain variance, and make this provision self-
implementing. The owner or operator can implement
alternate design and operating practices as long as they
follow the requirements of this section.
Tank Systems (Permitted)--Inspection frequency: Change 264.195(b).
frequency to weekly. Based on comments and the existence
of substantial safety features required by regulation,
this change will have little negative impact on human
health and the environment. Also, inspections may be
less frequent than weekly, as determined on a case-by-
case basis by regulatory authorities.
Tank Systems (Permitted)--Notify EPA of release and 264.196(d0(1)-(3).
submit report: Eliminate--the existing regulatory
requirements for cleanup and certification of the
cleanup are adequately protective; this extra
notification to the regulatory authorities is
unnecessary. This information will be retained in the
facility records.
Tank Systems (Permitted)--Submit certification of 264.196(f).
completion of major repairs: Eliminate requirement to
submit certification--we do not ask for certifications
to be submitted for other kinds of repairs; there is no
special reason for this certification to be submitted.
Also, the certification may be made by a Certified
Hazardous Materials Manager.
Surface Impoundments (Permitted)--Notify EPA in writing 264.223(b)(1).
if flow rate exceeds action leakage rate (ALR) for any
sumps within 7 days: Eliminate--an unnecessary
requirement as long as action is taken to stop leaks;
action that is already required by regulation. We do not
think regulatory authorities need to be notified in
these cases.
Surface Impoundments (Permitted)--Submit a written 264.223(b)(2).
assessment to the Regional Administrator within 14 days
of determination of leakage: Eliminate--an unnecessary
requirement as long as action is taken to stop leaks,
action that is already required by regulation. We do not
think regulatory authorities need to be notified in
these cases.
Surface Impoundments (Permitted)--Submit information to 264.223(b)(6).
EPA each month the Action Leakage Rate is exceeded:
Eliminate--an unnecessary requirement as long as action
is taken to stop leaks, action that is already required
by regulation. We do not think regulatory authorities
need to be notified in these cases.
Waste Piles (Permitted)--Installation of liners and 264.251(c).
leachate collection systems after January 29, 1992:
Eliminate--obsolete language.
Waste Piles (Permitted)--Notify EPA in writing of the 264.253(b)(1).
exceedance amount of the leakage: Eliminate--an
unnecessary requirement as long as action is taken to
stop leaks, action that is already required by
regulation. We do not think regulatory authorities need
to be notified in these cases.
Waste Piles (Permitted)--Submit a written assessment to 264.253(b)(2).
the RegionalAdministrator within 14 days of
determination of leakage: Eliminate--an unnecessary
requirement as long as action is taken to stop leaks,
action that is already required by regulation. We do not
think regulatory authorities need to be notified in
these cases.
Waste Piles (Permitted)--Compile and submit information 264.253(b)(6).
to EPA each month that the Action Leakage Rate (ALR) is
exceeded: Eliminate--an unnecessary requirement as long
as action is taken to stop leaks, action that is already
required by regulation. We do not think regulatory
authorities need to be notified in these cases.
[[Page 2523]]
Land Treatment (Permitted)--Prepare and submit a notice 264.278(g)(1).
of statistically significant increases in hazardous
constituents below treatment zone: Eliminate--a
duplicative requirement since this information will be
in the permit modification that has to be submitted if
this event happens. The regulatory authorities do not
need to be notified twice.
Land Treatment (Permitted)--Prepare and submit notice of 264.278(h)(1), (2).
intent to make a demonstration that other sources or
error led to increases below treatment zone: Eliminate--
an unnecessary requirement since this information will
be in the permit modification that has to be submitted
if this event happens. The regulatory authorities do not
need to be notified twice.
Land Treatment (Permitted)--Certification of closure: We 264.280(b).
are taking comment on (but not proposing in today's
rule) whether a Certified Hazardous Materials Manager is
capable of doing this certification.
Land Fills (Permitted)--Notify EPA if action leakage rate 264.304(b)(1).
is exceeded within 7 days of determination: Eliminate--
an unnecessary requirement as long as the procedures in
the response action plan (a response action plan is
regulatorily required) are followed.
Land Fills (Permitted)--Submit a written assessment to 264.304(b)(2).
the Regional Administrator within 14 days of
determination of leakage: Eliminate--an unnecessary
requirement as long as the procedures in the response
action plan are followed. Response action plans are
required by regulation.
Land Fills (Permitted)--Submit information to EPA each 264.304(b)(6).
month the Action Leakage Rate (ALR) is exceeded:
Eliminate--an unnecessary requirement as long as the
procedures in the response action plan are followed.
Response action plans are required by regulation.
Special Requirements for Bulk and Containerized Liquids: 264.314(a)(1), (a)(2), (b), (f).
Remove obsolete language.
Incinerators (Permitted)--Submit notification of intent 264.343(a)(2).
to burn hazardous wastes F020, F021, F022, F023, F026,
F027: Eliminate--an unnecessary requirement since the
facility is already permitted to burn this waste, and
since there are already regulatory standards governing
how the waste is burned.
Drip Pads (Permitted)--Submit written plan, as-built 264.571(a), (b), (c).
drawings, and certification for upgrading, repairing and
modifying the drip pad: Modify--in addition to an
independent, registered professional engineer, these
activities may also be done by a Certified Hazardous
Materials Manager.
Drip Pads (Permitted)--Evaluate drip pads: Modify--in 264.573 (a)(4)(ii), (g).
addition to an independent, registered professional
engineer, this evaluation may also be done by a
Certified Hazardous Materials Manager.
Drip Pads (Permitted)--Notify EPA of release and provide 264.573(m)(1)(iv).
written notice of procedures and schedule for cleanup:
Eliminate--an unnecessary requirement as long as
response actions described in (m)(1)(i)-(iii) of this
part are taken. Information relevant to the happenings
at the drip pad will be retained in the facility record.
Drip Pads (Permitted)--EPA makes determination about 264.573(m)(2).
removal of pad: Eliminate--an unnecessary requirement as
long as response actions described in (m)(1)(i)-(iii) of
this part are undertaken. Information relevant to the
drip pad activities will be retained in the facility
record.
Drip Pads (Permitted)--Notify EPA and certify completion 264.573(m)(3).
of repairs: Eliminate--an unnecessary requirement as
long as cleanup and repairs described in the regulations
of this part are made. Information relevant to the drip
pad activities will be retained in the facility record.
Drip Pads (Permitted)--Inspections: Modify--in addition 264.574(a).
to an independent, registered professional engineer,
these inspections may be done by a Certified Hazardous
Materials Manager.
Process Vents (Permitted)--Submit semi-annual report of 264.1036.
control device monitoring events to the Region:
Eliminate need to submit report--an unnecessary
requirement given the detailed recordkeeping required by
264.1035. The 264.1035 information will be retained on-
site for regulators to examine.
Equipment Leaks (Permitted)--Submit notification to 264.1061(b)(1).
implement the alternative valve standard: Eliminate--an
unnecessary requirement since the relevant information
will be retained in the facility record.
Equipment Leaks (Permitted)--Submit notification to 264.1061(d).
discontinue alternative valve standard: Eliminate--an
unnecessary requirement since there are standards that
must be followed if the regular standards are going to
be followed. Relevant information will be retained in
the facility record.
Equipment Leaks (Permitted)--Submit notification to 264.1062(a)(2).
implement alternative work practices for valves:
Eliminate--an unnecessary reporting requirement as long
as standards are followed. Relevant information will be
retained in the facility record for regulators to
examine.
Equipment Leaks (Permitted)--Submit a semi-annual report 264.1065.
with record of equipment, shutdowns, and control device
monitoring events:Eliminate--an unnecessary requirement.
The 264.1064 recordkeeping requirements will provide
adequate information. The 264.1064 information will
remain on-site for regulators to examine.
Containment Buildings (Permitted): Remove obsolete 264.1100.
language.
Containment Buildings (Permitted)--Obtain certification 264.1101(c)(2).
that building meets requirements: Modify--in addition to
an independent, registered professional engineer, the
certification may be made by a Certified Hazardous
Materials Manager.
Containment Buildings (Permitted)--Notify EPA of 264.1101(c)(3)(i)(D).
condition that has caused a release and provide schedule
for cleanup: Eliminate--an unnecessary requirement since
repair of containment building must occur anyway.
Information about this situation will be available in
the facility record for regulators to inspect.
Containment Buildings (Permitted)--Notify EPA and verify 264.1101(c)(3)(ii), (iii).
in writing that the cleanup and repairs have been
completed after a release: Eliminate--an unnecessary
requirement. EPA does not get involved in similar
decisions about whether other parts of a facility need
to be removed from service. Information about this
situation will be available in the facility records for
regulators to inspect.
Containment Buildings (Permitted)--Inspection frequency: 264.1101(c)(4).
Allow reduced inspection frequencies on a case-by-case
basis. This determination will be made by regulatory
authorities based on past performance of the facility.
Purpose, Scope, and Applicability: Remove obsolete 265.1(b).
language.
Personnel Training--Emergency response:Eliminate and 265.16(a)(3).
replace with Occupational Safety and Health
Administration requirements, which are more
comprehensive than the RCRA requirements.
[[Page 2524]]
Personnel Training--Record job titles: Eliminate--an 265.16(d)(1), (2).
unnecessary requirement--from information we received
from the field, the job title doesn't necessarily
correspond to the work the employee does, and has little
bearing on whether the employee is capable of doing the
job safely.
Personnel Training--Description of type and amount of 265.16(d)(3).
training each employee will receive: Eliminate--from
information we received from the field, this requirement
is not necessarily a good indicator of whether an
employee is capable of doing the job safely.
Contingency Plans--Coordination with other plans: Modify-- 265.52(b).
Facilities should follow the One Plan guidance, which is
designed to eliminate overlap between different
regulatory requirements for contingency plans. This
proposal has been endorsed by a recent General
Accounting Office report on worker protection.
Emergency Procedures--Notify Regional Administrator that 265.56(i).
facility is in compliance with 265.56(h) before resuming
operations:Eliminate--an unnecessary requirement. This
is a notification to the regulatory Agency that the
emergency coordinator has ensured that no incompatible
waste is being treated at the site and that the
emergency equipment is ready to use again. This
emergency coordinator does not need to have this
notification to ensure that these tasks are done. The
environmentally protective activities are still in
place, and are documented in the facility operating
record, as well as documented by the emergency
coordinator.
Operating Record--Keep operating record for 265.73(b).
facility:Modify the amount of time most records have to
be kept; three years instead of for the life of the
facility. This will standardize the RCRA record
retention time requirements, eliminating confusion about
how long records have to be kept.
Ground-water Monitoring (Interim Status Facilities)-- 265.90(d)(1).
Submit alternate ground-water monitoring plan: Modify--
no need to submit plan to Regional Administrator, it can
be kept onsite where it will be available for regulators
to inspect.
Ground-water Monitoring (Interim Status Facilities)-- 265.90(d)(3).
Submit report: Modify--no need to submit report to
Regional Administrators. It can be kept on-site, where
it will be available for regulators to inspect.
Ground-water Monitoring (Interim Status Facilities)-- 265.93 (c)(1), (d)(1).
Submit notification of increased indicator parameter
concentrations: Modify--no need to submit reports; this
information will be noted as part of the groundwater
quality assessment program.
Ground-water Monitoring (Interim Status Facilities)-- 265.93(d)(2).
Submit information for ground-water quality assessment
plan: Modify--no need to submit information. It may be
maintained on-site, where it will be available for
regulators to inspect.
Ground-water Monitoring (Interim Status Facilities)-- 265.93(d)(5), (e), (f).
Develop and submit ground-water quality assessment
reports: Modify--no need to submit these reports given
other regulatory requirements in this part, which give
detailed instructions on assessments and cleanups.
Ground-water Monitoring (Interim Status Facilities)-- 265.94(a)(2)(i).
Prepare and submit a quarterly report of concentrations
of values of the drinking water suitability parameters:
Modify--report will be kept onsite, where it may be
inspected by regulators.
Ground-water Monitoring (Interim Status Facilities)-- 265.94(a)(2)(ii).
Prepare and submit a report on indicator parameter
concentrations and evaluations: Modify--report will be
kept onsite, where it may be inspected by regulators.
Ground-water Monitoring (Interim Status Facilities)-- 265.94(a)(2)(iii).
Prepare and submit a report on ground-water surface
elevations: Modify--report will be kept onsite, where it
may be inspected by regulators.
Ground-water Monitoring (Interim Status Facilities)-- 265.94(b)(2).
Prepare and submit a report on the results of the ground-
water quality assessment program: Modify--report will be
kept onsite, where it may be inspected by regulators.
Closure (Interim Status Facilities)--Submit semi-annual 265.113(e)(5).
corrective action report: Modify--according to Agency
staff experts, regulators will have sufficient
information if these reports are sent in annually
instead of semi-annually.
Certification of Closure: We are taking comment on (but 265.115.
we are not proposing in today's rule) whether a
Certified HazardousMaterials Manager is capable of
performing this certification.
Certify completion of post-closure care: Modify--in 265.120.
addition to an independent, registered professional
engineer, this certification may be made by a Certified
Hazardous Materials Managers.
Container Inspection Frequency: Modify--allow regulators 265.174.
to modify the self-inspection frequency for well-
performing facilities on a case-by-case basis.
Assessment of Existing Tank System's Integrity: Modify-- 265.191(a), (b)(5)(ii).
in addition to an independent, registered professional
engineer, this assessment may be done by Certified
Hazardous Materials Managers.
Design and Installation of New Tank Systems or 265.192(a).
Components--assessment of structural integrity and
acceptability for storing and treating waste: Modify--in
addition to an independent, registered professional
engineer, this assessment may be done by Certified
Hazardous Materials Managers.
Design and Installation of New Tank Systems or 265.192(b).
Components--assessment of tank installation: Modify--in
addition to an independent, registered professional
engineer, assessment may be done by a Certified
Hazardous Materials Manager.
Tank Systems (Interim Status): Remove obsolete language.. 265.193(a).
Tank Systems (Interim Status)--Demonstrate to EPA that 265.193(e)(3)(iii).
technology and site conditions do not allow detection of
release within 24 hours: Eliminate this demonstration.
Having a functional leak detection system capable of
detecting a release within 24 hours or the earliest
practicable time, coupled with the tank design
requirements, is adequately protective.
Tank Systems (Interim Status)--Obtain variance to use 265.193(g)(1), (h).
alternate tank design and operating practices: Eliminate
the need to obtain a variance and make this self-
implementing. Records are to be kept on-site describing
the decisionmaking.
Tank Systems (Interim Status): Allow reduced inspection 265.195(a).
frequencies on a case-by-case basis. This determination
will be made by regulatory authorities based on past
performance of the facility.
[[Page 2525]]
Tank Systems (Interim Status)--Notify EPA of release: 265.196(d)(1), (d)(2).
Eliminate--the existing regulatory requirements for
cleanup and certification of the cleanup are adequately
protective; this extra notification to the regulatory
authorities is unnecessary. This information will be
retained in the facility record.
Tank Systems (Interim Status)--Submit report describing 265.196(d)(3).
releases: Eliminate--the cleanup requirements in the
regulations and the need to certify (required by
265.196(f)) is sufficient to protect human health and
the environment.
Tank Systems (Interim Status)--Submit certification of 265.196(f).
completion of major repairs: Eliminate requirement to
submit certification--we do not ask for certifications
to be submitted for other kinds of repairs; there is no
special reason for this certification to be submitted.
Also, this certification may be done by a Certified
Hazardous Materials Manager.
Surface Impoundments (Interim Status): Remove obsolete 265.221(a).
language.
Surface Impoundments (Interim Status)--Submit the 265.223(a).
Response Action Plan to EPA: Eliminate--Response Action
Plans for other kinds of treatment units are not
submitted to EPA. We are proposing that it is sufficient
to keep this Plan on-site.
Surface Impoundments (Interim Status)--Notify EPA in 265.223(b)(1).
writing if flow rate exceeds action leakage rate for any
sumps within 7 days: Eliminate--an unnecessary
requirement since the facility still has to address the
leakage and record its response to the leakage in the
facility record, which is available for inspection by
regulators.
Surface Impoundments (Interim Status)--Submit a written 265.223(b)(2).
assessment to the Regional Administrator within 14 days
of determination of leakage: Eliminate--an unnecessary
requirement since the facility still has to address the
leakage and record its response to the leakage in the
facility record, which is available for inspection by
regulators.
Surface Impoundments (Interim Status)--Compile and submit 265.223(b)(6).
information to EPA each month the Action Leakage Rate is
exceeded: Eliminate--an unnecessary requirement since
information about the leak will be kept onsite, where it
is available for inspection by regulators.
Waste Piles (Interim Status)--Submit the Response Action 265.259(a).
Plan to EPA: Eliminate--an unnecessary requirement since
other treatment units do not have to submit this plan.
Removing this requirement will bring consistency to the
regulations.
Waste Piles (Interim Status)--NotifyEPA in writing of the 265.259(b)(1).
exceedance amount of the leakage: Eliminate--an
unnecessary requirement as long as Response Action Plan
is followed. Information about the facility's response
to the leakage will be available in the facility's
operating record.
Waste Piles (Interim Status)--Submit a written assessment 265.259(b)(2).
to the Regional Administrator within 14 days of
determination of leakage: Eliminate--an unnecessary
requirement as long as the Response Action Plan is
followed. Information about the facility's response to
the leakage will be available in the facility's
operating record.
Waste Piles (Interim Status)--Submit information to EPA 265.259(b)(6).
each month that the Action Leakage Rate is exceeded:
Eliminate--an unnecessary requirement as long as the
Response Action Plan is followed. Information about the
facility's response to the leakage will be available in
the facility's operating record.
Land Treatment (Interim Status)--Submit notification for 265.276(a).
food-chain crops at land treatment facility: Eliminate--
an unnecessary requirement as long as the other
regulatory requirements in 265.276 are followed.
Information about compliance with these other regulatory
requirements will be in the facility operating record.
Landfills (Interim Status)--Remove obsolete language..... 265.301(a).
Land Fills (Interim Status)--Submit the Response Action 265.303(a).
Plan to EPA: Eliminate requirement to submit plan.
Developing a plan, keeping it onsite, and implementing
it when necessary is sufficient.
Land Fills (Interim Status)--Notify EPA if action leakage 265.303(b)(1).
rate is exceeded within 7 days of determination:
Eliminate--an unnecessary requirement as long as the
Response Action Plan is followed and information on
adherence to the Plan is kept in the facility operating
record, where it will be available for inspection by
regulators.
Land Fills (Interim Status)--Submit a written assessment 265.303(b)(2).
to the Regional Administrator within 14 days of
determination of leakage: Eliminate--an unnecessary
requirement as long as the Response Plan is followed and
information on adherence to the Plan is kept in the
facility operating record, where it will be available
for inspection by regulators.
Land Fills (Interim Status)--Submit information to EPA 265.303(b)(6).
each month the Action Leakage Rate (ALR) is exceeded:
Eliminate--an unnecessary requirement as long as the
remediation required by regulation takes place, and
information about the remediation is kept in the
facility record.
Requirements for bulk and containerized liquids: Remove 265.314(a), (a)(1), (a)(2), (b), (g).
obsolete language.
Drip Pads (Interim Status)--Assessment of Drip Pad, 265.441(a), (b), (c).
Submit written plan, as-built drawings, and
certification for upgrading, repairing and modifying the
drip pad: Modify--in addition to an independent,
registered professional engineer, certification may be
made by a Certified Hazardous Materials Manager.
Drip Pads (Interim Status)--Assessment of Drip Pad: 265.443(a)(4)(ii), (g).
Modify--in addition to an independent, registered
professional engineer, assessment may be done by a
Certified Hazardous Materials Manager.
Drip Pads (Interim Status)--Notify EPA of release and 265.443(m)(1)(iv), (2).
provide written notice of procedures and schedule for
cleanup: Eliminate--an unnecessary requirement as long
as cleanup required by regulation takes place, and is
recorded in the facility operating record, where it will
be available for inspection by regulators.
Drip Pads (Interim Status)--Notify Regional Administrator 265.443(m)(3).
and certify completion of repairs: Eliminate--an
unnecessary requirement as long as the required cleanup
and repairs are made.
Drip Pads (Interim Status)--Inspection of liners: Modify-- 265.444(a).
in addition to an independent, registered professional
engineer, assessment may be done by a Certified
Hazardous Materials Manager.
Equipment Leaks (Interim Status)--Submit notification to 265.1061(b)(1).
implement the alternative valve standard: Eliminate--an
unnecessary requirement as long as other regulatory
requirements in 265.1061 are followed.
[[Page 2526]]
Equipment Leaks (Interim Status)--Submit notification to 265.1061(d).
discontinue alternative valve standard: Eliminate--an
unnecessary requirement. Owners or operators can decide
which standard to meet without notifying the Agency.
This information will be retained in the facility's
operating record, where it will be available for
inspection by regulatory authorities.
Equipment Leaks (Interim Status)-- Submit notification to 265.1062(a)(2).
implement alternative work practices for valves:
Eliminate--an unnecessary requirement. Owners or
operators may use alternative work practice without
notifying the Agency. This information will be kept in
the facility operating record, which is available for
regulatory authorities to inspect.
Containment Buildings (Interim Status)--Notify EPA of 265.1100.
intent to be bound by the regulations earlier than as
specified in section 265.1100: Eliminate--an obsolete
requirement.
Containment Buildings (InterimStatus)--Obtain 265.1101(c)(2).
certification that building meets design
requirements:Modify--in addition to an independent,
registered professional engineer, this certification can
be done by a Certified Hazardous Materials Manager.
Containment Buildings (InterimStatus)--Notify EPA of 265.1101(c)(3)(i)(D).
release and provide written notice of procedures and
schedule for cleanup: Eliminate--an unnecessary
requirement to notify regulatory authorities about a
cleanup that must be done by regulation. Records of the
cleanup will be in a facility's operating record, which
is available for inspection by regulatory authorities.
Containment Buildings (Interim Status)--Notify EPA and 265.1101(c)(3)(ii), (iii).
verify in writing that the cleanup and repairs have been
completed: Eliminate--an unnecessary requirement as long
as cleanup required by regulation takes place. This
information will be maintained in the operating record,
which is available for inspection by regulators.
Containment Buildings--Interim Status: Allow reduced 265.1101(c)(4).
inspection frequencies on a case-by-case basis. This
determination will be made by regulatory authorities
based on past performance of the facility.
Boilers and Industrial Furnaces (Permitted)-- 266.102(e)(10).
Recordkeeping: Modify--records only have to be kept for
three years, making this record retention time
consistent with other treatment units. Bringing
consistency to record retention times will assist
facilities in complying with our regulations.
Boilers and Industrial Furnaces (Interim Status)-- 266.103(b)(2)(ii)(D).
Evaluation of data and making determinations: Modify--in
addition to an independent, registered professional
engineer, this evaluation can be made by a Certified
Hazardous Materials Manager.
Boilers and Industrial Furnaces (Interim Status)-- 266.103(d).
Periodic recertifications of compliance: Modify--extend
period of time from three to five years, which Agency
field staff believe is sufficient for regulatory
purposes.
Boilers and Industrial Furnaces (Interim Status)-- 266.103(k).
Recordkeeping: Modify--records only have to be kept for
three years, making this record retention time
consistent with other treatment units. Bringing
consistency to record retention times will assist
facilities in complying with our regulations.
Direct Transfer Equipment--Assessment of equipment: 266.111(e)(2).
Modify--in addition to an independent, registered
professional engineer, this assessment can be done by a
Certified Hazardous Materials Manager.
Storage of Solid Waste Military Munitions--Notification 266.205(a)(1)(v).
of loss or theft: Simplify notification process--there
is no need to notify the regulatory authorities twice.
LDR Generator Requirements--Generator waste 268.7(a)(1).
determination: Eliminate--a separate determination is
unnecessary. See discussion in proposed rule preamble.
LDR Generator Requirements--Generator waste 268.7(a)(6).
determination: Eliminate--because we are eliminating
268.7(a)(1), this record retention requirement is
unnecessary.
LDR Treatment Facility Requirements--Submit a recycling 268.7(b)(6).
notice and certification to EPA: Modify--keep
information on-site. See discussion in proposed rule
preamble.
LDR Hazardous Debris Requirements--Submit notification of 268.7(d)(1).
claim that debris is excluded from definition of
hazardous waste: Modify--notification becomes one-time
and remains on-site. See discussion in proposed rule
preamble.
LDR Special Rules for Characteristic Wastes--Submit one- 268.9(a).
time notification: Modify--a separate determination is
unnecessary. See discussion in proposed rule preamble.
LDR Special Rules for CharacteristicWastes--Submit 268.9(d).
certification: Modify--keep information on-site.See
discussion in proposed rule preamble.
Part B Requirements for Tank Systems--Submit written 270.16(a).
assessment of structural integrity: Modify--in addition
to an registered, independent professional engineer,
this assessment may be done by a Certified Hazardous
Materials Manager.
Part B Requirements for Surface Impoundments--Assessment 270.17(d).
of structural integrity: Modify--in addition to a
registered, independent professional engineer, this
assessment may be made by a Certified Hazardous
Materials Manager.
----------------------------------------------------------------------------------------------------------------
B. We Are Proposing Weekly Hazardous Waste Tank Inspections
We are proposing to reduce the self-inspection frequencies for
hazardous waste tanks from daily to weekly. Tank regulations are found
in 40 CFR 264.190 and 265.190.
This proposal is based on three factors. First, other kinds of
tanks are required to be inspected at frequencies less than daily.
These tanks have to meet criteria for protecting human health and the
environment similar to those for hazardous waste tanks. For example, in
the Underground Storage Tank Program, tanks containing petroleum or
hazardous substances are only required to be monitored for releases
every thirty days. Oil tanks regulated under the Spill Prevention,
Control and Countermeasure Program (SPCC) are required to be frequently
observed by operating personnel for signs of deterioration, leaks which
might cause a spill, or accumulation of oil inside diked areas. It is
up to the engineer who certifies the SPCC Plan how often these
observations should occur.
[[Page 2527]]
Comments we received on the ``Notice of Data Availability,'' as
well as the outreach we did, support going from a daily to weekly
inspection frequency. Commenters and an expert on tank systems made the
point that the integrity and safety of hazardous waste tanks would not
be compromised by reducing the daily inspection requirement to a weekly
frequency. Several commenters pointed out that hazardous waste storage
tanks, which have secondary containment, are even more protectively
designed than process tanks which handle the same chemicals.
Additionally, the tanks are equipped with leak detection systems,
and are subject to routine visual inspection by employees. Leak
detection systems provide continuous surveillance for the presence of a
leak or spill. Technically, they consist of wire grids, observation
wells, and U-tubes containing thermal-conductivity or electrical-
resistivity sensors, or vapor detectors. Visual inspection is effective
for aboveground or vaulted tanks, and for other tanks where access to
potentially leaking parts is available. Visual monitoring can also be
effective for the inspection of ancillary equipment.
Upon detection of a leak, either through the leak detection system
or visual observation, the owner or operator of the tank system must
immediately stop the flow of hazardous waste, determine and rectify the
cause of the leak, remove the waste, and contain releases to the
environment.
Finally, tanks are simpler to design, construct, and manage than
units such as combustion units or land disposal units, and therefore
require less oversight than these more complicated units for assessing
that they are performing protectively.
C. We Propose To Allow Facilities the Opportunity To Adjust the
Frequency of Their Self-Inspections
For containers, containment buildings, and tanks (in addition to
moving their inspection frequency from daily to weekly), we are
proposing to allow on a case-by-case basis decreased inspection
frequencies (from the frequency currently required by regulation). The
regulations for containers are found in 40 CFR 264.170 and 265.170;
containment buildings in 40 CFR 264.1100 and 265.1100; and tanks in 40
CFR 264.190 and 265.190. In all cases, inspections would have to occur
at least monthly. Decreased inspection frequencies would be established
on a site-specific basis by the Directors of authorized states'
hazardous waste programs, or by EPA.
Considerations for decreasing inspection frequencies will be based
on factors such as: a demonstrated commitment by facility management to
sound environmental practices, demonstrations of good management
practices over the years (having a record of sustained compliance with
environmental laws and requirements), demonstrated commitment to
continued environmental improvement, demonstrated commitment to pubic
outreach and performance reporting, the installation of automatic
monitoring devices at the facility, and the chemical and physical
characteristics of the waste being managed in the unit. States or EPA
may also include a qualification that facilities must revert to the
original inspection schedule if there are spills or releases.
Several states and a coalition of environmental groups and trade
unions commented that they do not support any decrease in inspection
frequency because of concerns that if inspection frequencies were
decreased, the amount of time between a leak and its discovery would
increase. If the factors described above are taken into account when
extending the inspection frequencies, there will be little or no
increase in the likelihood of an undetected release. These decreased
inspection frequencies should only be offered to the safest and best-
performing facilities. In addition, the proposed approach may reduce
the likelihood of release by providing a financial incentive for
companies to avoid releases in order to be approved for reduced
inspection frequency.
We also received comments from the states expressing concern over
the added administrative burden in implementing case-by-case changes to
inspection frequencies. We are not mandating that states offer these
changes. We are only providing the option to states that are
interested.
Another group of commenters suggested that inspection frequency
changes should be self-implementing. For example, an inspection
schedule should be deemed approved if EPA does not specifically deny
the request in writing within 30 days. Where we were able to identify
an across-the-board change, like tanks going to weekly inspections, we
did so. We think beyond that, a case-by-case evaluation of facility
conditions is still necessary. It is important that regulatory agencies
make the decisions to decrease inspection frequencies. Thus, we are not
proposing the self-implementing option.
D. We Propose Reducing the Burden of RCRA Personnel Training
Requirements and Eliminating an Overlap With Occupational Safety and
Health Administration Training Requirements
We currently require facilities to train their employees in
facility operations and emergency response procedures. We also require
a written job description for each employee. And, we require training
records for current employees to be kept until closure of the facility.
These requirements are found in 40 CFR 264.16 and 265.16. The idea
behind these regulations is that trained employees are safe employees,
and will be able to prevent releases of hazardous waste to the
environment. By working with the Occupational Safety and Health
Administration, we have developed an improved way of meeting these
goals.
During our research, we compared the personnel training
requirements imposed by EPA under RCRA with those imposed by OSHA
through their Hazardous Waste Operations and Emergency Response
regulation. Based on this analysis and comments received on the
``Notice of Data Availability,'' we discovered that there is really
only one area of overlap. This overlap is emergency response training.
A recent report from the General Accounting Office titled: ``Worker
Protection, Better Coordination Can Improve Safety and Hazardous
Materials Facilities'' independently reached the same conclusion about
an overlap in these two sets of emergency response training
requirements.
We propose changing the RCRA regulations to have facilities comply
with the OSHA regulations for emergency response training, and to drop
the current RCRA requirements. The OSHA requirements are more extensive
than the current RCRA requirements, and should therefore replace the
RCRA requirements.
We are also proposing eliminating the requirement that facilities
include job titles and descriptions as part of their personnel records.
Based on comments received from the ``Notice of Data Availability,'' we
believe that requiring job descriptions provide little value in
protecting human health and the environment. Often these job
descriptions bear little resemblance to the work the employees do, and
they have little relationship to whether an employee is trained
properly.
Finally, we are proposing to eliminate the regulatory requirement
for a description of the training employees will receive. The facility
inspections ensure adequate training--simply
[[Page 2528]]
documenting the employee(s) name(s) and date(s) of training is
sufficient.
E. We Propose To Further Eliminate and Streamline the Land Disposal
Restrictions (LDR) Paperwork Requirements, Existing LDR Paperwork
Requirements
The Land Disposal Restrictions (LDR) are a major regulatory
component of the RCRA program. In addition to establishing treatment
standards for hazardous waste prior to land disposal, they require
generators and TSDFs to determine if their waste needs to be treated
before land disposal, submit demonstrations and petitions to EPA if
applicable, and send notices and/or certifications with shipments to
TSDFs.
Based on our review of the LDR paperwork requirements, as well as
our conversations with the regulated community, states, and the public
through a series of public forums, we have determined that a number of
LDR requirements for waste determinations, notifications, and
certifications could be eliminated without diminishing the protection
of human health or the environment.
Proposed Changes to LDR Paperwork Requirements
Change 1: We Propose To Drop the Sec. 268.7(a)(1) Generator Waste
Determination Requirement
We propose to eliminate the need for generators to conduct the
waste determination required by Sec. 268.7(a)(1). Section 268.7(a)(1)
requires a generator to determine if their hazardous waste must be
treated prior to land disposal. This determination can be made either
through testing or knowledge of the waste's properties and
constituents. After consulting with staff with field experience, we
concluded that a combination of several other requirements provide the
same safeguards as the Sec. 268.7(a)(1) requirement.
First, a determination of whether a waste is hazardous is required
by Sec. 262.11 (which says that generators of solid waste must
determine whether a waste is hazardous). This means a generator must
know what properties and constituents are present in his waste--for
example, does it contain toxic constituents that cause it to exhibit
the Toxicity Characteristic described in Sec. 261.24? Some of this same
information is used in the determination as to whether the waste must
be treated to comply with the LDRs.
Second, Sec. 264.13(a)(1) requires TSDFs to perform a general waste
analysis to determine ``all of the information which must be known to
treat, store, or dispose of the waste in accordance with this part and
part 268 of this chapter'' (emphasis added). Therefore, the owner or
operator of a TSDF is already required to work with the waste generator
to ensure that adequate information is available to comply with LDRs.
Third, in Sec. 268.40, hazardous waste is prohibited from land
disposal unless it meets the requirements in the Table of Treatment
Standards (which requires knowledge of EPA hazardous waste code, waste
constituents, wastewater and nonwastewater classification, and
treatability group).
These other determinations are sufficient to assure that a waste is
properly characterized for achieving compliance with the LDRs.
Therefore, we conclude that the Sec. 268.7(a)(1) determination is
duplicative, and we propose to eliminate it.
Change 2: We Propose To Modify the Sec. 268.7(b)(6) Recycler
Notification and Certification Requirements
Currently, treatment facilities must test their waste to determine
whether it complies with LDR treatment standards. A one-time notice
containing this information must be sent to the disposal facility. The
treatment facility must also send a one-time notice to regulatory
authorities that the treatment technology was operated properly. We
originally thought that the regulating agency would review these
reports to monitor what happens to this waste.
Based on a recent analysis of actual state and Regional facility
oversight of treatment and recycling facilities, we have found that
this information is not routinely used for its intended purpose. Our
informants suggested that it would be sufficient for this information
to be available in the facility's files if any question arises as to
whether adequate treatment occurred.
Therefore, we are proposing that treatment and recycling facilities
no longer send these notifications and certifications to EPA, as long
as the information contained in them is kept in facility records.
Change 3: We Propose To Modify the Sec. 268.7(d) Hazardous Debris
Notification Requirement
Currently, generators or treatment facilities who claim that their
hazardous debris is excluded from the definition of hazardous waste
must send a one-time notice of this claim to EPA, and keep a copy of
the notice in their files. We established this requirement on the
assumption that regulatory agencies would review the notices to make
themselves aware that this treated debris was being sent to a non-
hazardous waste landfill.
We have been unable to verify that this information is routinely
used for its intended purpose. Therefore, we are proposing that
generators and treaters of excluded debris not send these notifications
to EPA, as long as the information that would have been in the
notifications is kept in facility records.
Change 4: We Propose To Modify the Sec. 268.9(a) Characteristic Waste
Determination Requirement
We propose to eliminate the need for a separate LDR waste
determination for characteristic waste. As with the Sec. 268.7(a)(1)
generator determinations above, the Sec. 268.9(a) determinations are
duplicated elsewhere. Generators are already required to determine
whether they have a hazardous waste under Sec. 262.11, and treaters are
required to obtain a detailed chemical and physical analysis under
Sec. 264.13. Under Sec. 268.40, hazardous waste is prohibited from land
disposal unless it meets the requirements in the Table of Treatment
Standards (which requires knowledge of the EPA hazardous characteristic
waste code, underlying hazardous constituents, wastewater/nonwastewater
classification, and treatability group).
These other determinations are sufficient to assure a waste is
properly characterized for achieving compliance with the LDRs and,
therefore, protecting human health and the environment.
Change 5: We Propose To Modify the Sec. 268.9(d) Notification
Requirement
Under Sec. 268.9(d), once a characteristic waste is treated so it
is no longer characteristic, a one-time notification and certification
about this must be placed in the generator's or treater's files, and
also sent to EPA. We continue to see value in parties knowing that they
are receiving wastes that are still subject to land disposal
restrictions, even though they no longer exhibit a characteristic.
These records do not need to be sent to EPA, however, if they are
kept on site in the facility's files. We have not been able to verify
that this information, once sent to EPA, is routinely used. Therefore,
we conclude based on the absence of such information from regulatory
agencies, that its submission is not critical to overall protection of
human health and the environment. And in the event of a question of
compliance or enforcement action, it will be available in a facility's
files.
[[Page 2529]]
III. Other Burden Reduction Proposals
Boiler and Industrial Furnace Records To Be Kept 3 Years
Owner/operators of Boilers and Industrial Furnaces must conduct
tests, such as performance tests for their continuous emissions
monitors, and report the results to us. We propose to standardize the
retention period for all records required to be kept by the Boilers and
Industrial Furnaces to three years, bringing it in line with other RCRA
recordkeeping retention periods. See 40 CFR 266.102 for the Boiler and
Industrial Furnace regulations.
Certified Hazardous Materials Managers
Owners/operators of hazardous waste facilities must certify that
their treatment, storage, and disposal units are functioning properly.
For example, tank systems for storing or treating hazardous waste must
be certified by an independent, qualified, registered professional
engineer that the tanks meet thickness and strength requirements.
We propose to modify most of the RCRA certification requirements to
allow a person who is a ``Certified Hazardous Materials Manager'' to
make the certification. The Certified Hazardous Materials Manager
Certification is accredited by the Council on Engineering and
Scientific Specialties Board, which also accredits certified industrial
hygienists, and certified safety professionals. The Certified Hazardous
Materials Manager must have a combination of education and hands-on
work experience at a hazardous waste facility, pass a closed book
examination, continue their professional education, and follow a code
of ethics.
The Agency was not aware of this discipline when most of the
regulations were written that require engineers to do certifications.
Most certification duties that an independent, qualified, registered
professional engineer must perform can be carried out by a Certified
Hazardous Materials Manager.
General Facility Standards Are Streamlined and Updated
When EPA originally developed the operating record requirements, we
thought that records should routinely be kept for the life of the
facility. Our reasoning was that in case an issue or problem came up
about an earlier practice at a facility, the records would be available
for examination.
After many years of experience with RCRA, we are better able to
distinguish records that must be kept for the life of the facility from
those which can be discarded after some period of time without
affecting protections of human health and the environment.
As discussed below, information about what wastes are disposed at a
facility, where the disposed waste is located, and information relevant
for facility closure must be kept for the life of the facility. More
routine information, such as whether certain notices were filed and
records of inspections, can be discarded after three years. In the RCRA
regulations, we have generally settled on three years as a reasonable
time frame for keeping records. This is consistent with other Agency
programs, such as the Toxics Substance Control Act and the Toxic
Chemical Release Reporting Community Right to Know programs, that
impose a three year record retention time in their regulations.
We propose to modify a number of the Secs. 264.73 and 265.73
operating record requirements to require only a three-year limit on
keeping information. The following are proposed record retention times
for each part of the operating record: Sec. 264.73:
(b)(1) Description and quantity of each hazardous waste received
and what was done with it: Maintain until closure of the facility.
(b)(2) The location of each hazardous waste: Maintain until closure
of the facility.
(b)(3) Records and results of waste analyses and waste
determinations: Maintain for three years after entry into the operating
record.
(b)(4) Reports of implementation of contingency plan: Maintain for
three years after entry into the operating record.
(b)(5) Records of inspections: Maintain for three years after entry
into the operating record.
(b)(6) Monitoring, testing, and analytical data: Maintain until
closure of the facility.
(b)(7) Sec. 264.12(b) notices: Maintain for three years after entry
into the operating record.
(b)(8) Closure estimates: Maintain in operating record until
closure of the facility.
(b)(9) Waste minimization certification: Maintain for three years
after entry into the operating record.
(b)(10) Records of quantities of waste placed in land disposal
units under an extension to the effective date of any land disposal
restriction: Maintain in operating record until closure of the
facility.
(b)(11) For off-site treatment facility, notices and certifications
from generator: Maintain for three years after entry into the operating
record.
(b)(12) For on-site treatment facility, notices and certifications:
Maintain for three years after entry into the operating record.
(b)(13) For off-site land disposal facility, notices and
certifications from generator: Maintain for three years after entry
into the operating record.
(b)(14) For on-site land disposal facility, notices and
certifications: Maintain for three years after entry into the operating
record.
(b)(15) For off-site storage facility, notices and certifications
from generator: Maintain for three years after entry into the operating
record.
(b)(16) For on-site storage facility, notices and certifications:
Maintain for three years after entry into the operating record.
(b)(17) Records required under Sec. 264.1(j)(13): Maintain for
three years after entry into the operating record.
We propose to similarly change the Sec. 265.73 Operating Record
requirements.
Consolidation of Facility Contingency Plans Is Encouraged
Owners and operators of hazardous waste facilities must have
contingency plans in place to minimize hazards to human health and the
environment from fires, explosions, or unplanned releases of hazardous
waste. We received several comments on the ``Notice of Data
Availability'' asking that we streamline or combine the various
contingency plans required not only by EPA, but by other federal
agencies too.
EPA already allows combined plans. In 1996, EPA in conjunction with
the Department of Transportation, the Department of the Interior, and
the Department of Labor issued the ``Integrated Contingency Plan
Guidance.'' This Guidance provides a mechanism for consolidating the
multiple contingency plans that facilities have to prepare to comply
with various government regulations. Owners and operators of hazardous
waste facilities should consider developing one contingency plan based
on this Guidance.
Facilities which adopt the ``Integrated Contingency Plan'' will
minimize the duplication and costs associated with the preparation and
use of multiple contingency plans. The use of a single plan per
facility will also eliminate confusion for ``first responders'' (for
example, firemen) who often must decide which of the contingency plans
is applicable to a particular emergency. And, the adoption of a
standard plan should ease the burden of coordination with local
emergency planning committees.
[[Page 2530]]
The ``Integrated Contingency Plan Guidance'' can be found in the
June 5, 1996 Federal Register (61 FR 28641-28664) or on the Internet at
http://www.epa.gov/swercepp/p-tech.htm.
Today's proposals clarifies our regulations (see 40 CFR 265.52) to
say that combined plans are acceptable.
We Propose To Streamline the Variance From Classification as a Solid
Waste Procedure
We have established provisions in our regulations to allow
regulated entities to submit applications for variances, exclusions,
petitions, and exceptions from certain RCRA requirements.
To simplify one of these applications, we propose to eliminate the
requirement that a petitioner for a variance from classification as a
solid waste survey the industry-wide prevalence of the material
production process (the requirement is found in 40 CFR 260.31(b)). In
practice, we have found that we do not use this information in making
decisions on these variances. A variance petitioner can continue to
submit such information if they choose, but it will no longer be an
application requirement.
We Propose To Eliminate the Requirement for Treatability Study Reports
We also propose to eliminate the requirement that facilities submit
in their annual report under Sec. 261.4(f)(9) an estimate of the number
of treatability studies and the amount of waste expected to be used in
treatability studies in the upcoming year. Based on the observations of
recipients (EPA and state regulators), we have determined that these
reports do not contribute to the protection of human health and the
environment. Moreover, these annual forecasts are not necessarily
accurate, and we obtain the precise information anyway in the annual
report that is submitted.
We Propose To Streamline Groundwater Monitoring Requirements
Hazardous waste treatment, storage, and disposal facilities must
implement a groundwater monitoring system to detect the presence of
contaminants in the groundwater. If contamination is detected,
monitoring must be performed. If the level of contamination exceeds the
groundwater protection standard, corrective action must be undertaken.
We propose to allow owners/operators of facilities to report on the
effectiveness of corrective action on an annual basis instead of the
current semi-annual basis. In combination with other forms of oversight
by regulatory agencies, annual reporting will provide adequate
information to ensure compliance.
This proposed change makes sense because monitoring and cleaning up
groundwater is almost always a multi-year or even multi-decade effort.
Semi-annual reporting of data is not necessary for ensuring protection
of human health and the environment.
We are also proposing to allow groundwater monitoring plans and
reports to be kept at a facility.
And, we also propose to modify the Sec. 264.99(g) requirement that
facilities who are doing compliance monitoring conduct an annual
Appendix IX analysis of all monitoring wells. Specifically, we propose
allowing, on a case-by-case basis, sampling for a subset of the wells.
Appendix IX analyses are costly at large facilities, and analyzing all
wells does not necessarily contribute to protection of human health and
the environment. This is especially the case if there are multiple
units and wells at a facility, and only one unit shows signs of
contamination.
Also, monitoring for constituents that are not likely to be found
at a site is not a good use of resources and does not increase the
protection of monitoring programs. Therefore, we propose allowing, on a
case-by-case basis, sampling for a subset of the Appendix IX
constituents. These decisions will be based on regulatory agencies'
judgement of what supports the protection of human health and the
environment, as well as on the contaminant situation at a site.
Biennial Report Changes Are Being Implemented Separately
We are not making changes to the Biennial Report through this
effort. Reform of the Biennial Report has already been started in the
2001 Biennial Report cycle.
Changes made to the 2001 Biennial Report include streamlining the
Biennial Report Source, Origin, Form, and Management codes; clarifying
the types of waste to be reported; and removing some data elements. The
2001 Biennial Report forms and instructions are located on the Internet
at: www.epa.gov/epaoswer/hazwaste/data/brs01/forms.htm.
Electronic Reporting and Recordkeeping Changes Are Being Handled
Separately
In the ``Notice of Data Availability,'' we discussed allowing all
RCRA-required documents to be kept and sent electronically. Since the
publication of the ``Notice,'' the Agency has begun to develop a
separate rulemaking (the ``Cross-Media Electronic Reporting and
Recordkeeping Rule'') that will establish Agency-wide standards for
electronic reporting and recordkeeping. We are deferring our efforts in
this area to the ``Cross-Media Electronic Reporting and Recordkeeping''
rulemaking.
IV. How Would Today's Proposed Regulatory Changes Be Administered
and Enforced in the States?
A. Applicability of Federal Rules in Authorized States
Under section 3006 of RCRA, EPA may authorize qualified states to
administer the RCRA hazardous waste program within the state. Following
authorization, the state requirements authorized by EPA apply in lieu
of equivalent Federal requirements and become Federally enforceable as
requirements of RCRA. EPA maintains independent authority to bring
enforcement actions under RCRA sections 3007, 3008, 3013, and 7003.
Authorized states also have independent authority to bring enforcement
actions under state law. A state may receive authorization by following
the approval process described in 40 CFR part 271. 40 CFR part 271 also
describes the overall standards and requirements for authorization.
After a state receives initial authorization, new Federal
regulatory requirements promulgated under the authority in the RCRA
statute which existed prior to the 1984 Hazardous and Solid Waste
Amendments (HSWA) do not apply in that state until the state adopts and
receives authorization for equivalent state requirements. The state
must adopt such requirements to maintain authorization.
In contrast, under RCRA section 3006(g), (42 U.S.C. 6926(g)), new
Federal requirements and prohibitions imposed pursuant to HSWA
provisions take effect in authorized states at the same time that they
take effect in unauthorized States. Although authorized states are
still required to update their hazardous waste programs to remain
equivalent to the Federal program, EPA carries out HSWA requirements
and prohibitions in authorized states, including the issuance of new
permits implementing those requirements, until EPA authorizes the state
to do so.
Authorized states are required to modify their programs only when
EPA promulgates Federal requirements that are more stringent or broader
in scope than existing Federal requirements. RCRA section 3009 allows
the states to impose standards more stringent than
[[Page 2531]]
those in the Federal program. See also 40 CFR 271.1(i). Therefore,
authorized states are not required to adopt Federal regulations, both
HSWA and non-HSWA, that are considered less stringent.
B. Authorization of States for Today's Proposal
Today's proposal affects many aspects of the RCRA program and would
be promulgated pursuant to both HSWA and non-HSWA statutory authority.
Today's proposal would amend provisions in the RCRA regulations which
were promulgated pursuant to HSWA. These provisions include, among
others, the land disposal restrictions and the regulation of air
emissions from hazardous waste facilities, which were promulgated
pursuant to authority in sections 3004(m) and (o) respectively, of
RCRA. Therefore, when promulgated, the Agency would add the rule to
Table 1 in 40 CFR 271.1(j), which identifies the Federal program
requirements that are promulgated pursuant to the statutory authority
that was added by HSWA. States may apply for final authorization for
the HSWA provisions in Table 1, as discussed in the following section
of this preamble. Other sections of today's proposal would be
promulgated pursuant to non-HSWA authority.
The requirements in today's proposed rulemaking are equivalent to
or less stringent than the existing provisions in the Federal
regulations which they would amend. Therefore, States would not be
required to adopt and seek authorization for this rulemaking. EPA would
implement this rulemaking only in those States which are not authorized
for the RCRA program, and will implement provisions promulgated
pursuant to HSWA only in those states which have not received
authorization for the HSWA provision that would be amended.
This rule will provide significant benefits to EPA, states, and the
regulated community, without compromising human health or environmental
protection. Because this rulemaking would not become effective in
authorized States until they adopted and are authorized for it, EPA
will strongly encourage states to amend their programs and seek
authorization for today's proposal, once it becomes final.
C. Abbreviated Authorization Procedures
EPA considers today's proposal to be a minor rulemaking and is
proposing to add it to the list of minor or routine rulemakings in
Table 1 to 40 CFR 271.21. Placement in this table would enable states
to use the abbreviated procedures located in 40 CFR 271.21(h) when they
seek authorization for today's proposed changes after they are
promulgated. These abbreviated procedures were established in the HWIR-
media rulemaking (see 63 FR 65927, November 30, 1998). EPA requests
comment on this placement in Table 1 to 40 CFR 271.21.
V. Administrative Requirements
A. Executive Order 12866
Under Executive Order 12866, [58 FR 51735 (October 4, 1993)] the
Agency must determine whether a regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more
or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with
an action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, it has been
determined that this rule is a ``significant regulatory action''
because the rule raises novel legal or policy issues. As such, this
action was submitted to OMB for review. Changes made in response to OMB
suggestions or recommendations will be documented in the public record.
B. Environmental Justice Executive Order 12898
Under Executive Order 12898, ``Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations'' as well as through EPA's April 1995, ``Environmental
Justice Strategy, OSWER Environmental Justice Task Force Action Agency
Report'' and National Environmental Justice Advisory Council, EPA has
undertaken to incorporate environmental justice into its policies and
programs. EPA is committed to addressing environmental justice
concerns, and is assuming a leadership role in environmental justice
initiatives to enhance environmental quality for all residents of the
United States. The Agency's goals are to ensure that no segment of the
population, regardless of race, color, national origin, or income,
bears disproportionately high and adverse human health and
environmental effects as a result of EPA's policies, programs, and
activities.
EPA has considered the impacts of this proposed rulemaking on low-
income populations and minority populations and concluded that any
risks resulting from the rule would be very small. The basic reason for
this finding is that the current features of the RCRA program that
protect human health and the environment would be preserved or enhanced
under the proposal. As mentioned earlier, the proposal would eliminate
or modify paperwork requirements that have been deemed unnecessary
because they add little to the protectiveness of the regulations. Most
of the paperwork requirements entail notices and reports that are
obscure, inconsequential or infrequently submitted. In addition, the
proposal would give facilities added flexibility in how they can comply
with the regulations. For example, the proposal would let facilities
choose between hiring a certified hazardous materials manager or
licensed professional engineer to perform specified activities (e.g.,
certifications). The proposal also would streamline certain
requirements, such as contingency planning and personnel training, that
are essential to a facility's protectiveness. Such flexibility and
streamlining will make it easier for facilities to comply with the
regulations.
Despite eliminating a number of paperwork requirements based on
interviews and comments, we leave intact the basic environmentally
protective activities that facilities are currently undertaking. That
is, we would require facilities to continue performing their technical
activities, but require them to submit less information to us on their
daily activities. Note, however, that the proposal would not curtail
the right of regulatory agencies to request any of the information we
are proposing to eliminate. Facilities must continue to keep on-site
records of their waste management activities and make them available to
regulators when requested. As such, the rule would not limit
regulators' or the public's ability to learn what is happening at a
facility. In addition, basic information about a facility will still be
readily accessible to the public via the Agency Web site and non-Agency
Web sites such as the ``Right to Know Network'' Web site
(www.rtknet.org). However, we specifically request comment on
[[Page 2532]]
whether today's proposals in any way diminishes protection of human
health and the environment.
C. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
This proposed rule is not subject to the Executive Order because it
is not economically significant as defined in Executive Order 12866,
and because the Agency does not have reason to believe the
environmental health or safety risks addressed by this action present a
disproportionate risk to children. The proposal would eliminate or
modify paperwork requirements that have been deemed unnecessary because
there is no evidence suggesting they contribute in a substantial way to
the protectiveness of the regulations. In particular, we propose
eliminating notices and reports that are redundant, inconsequential for
compliance with technical requirements, or only rarely required to be
sent in to regulatory authorities. Most of the reports we propose
cutting or modifying are reports notifying the regulatory agency that
some other regulatory requirement was performed. The proposal would
leave intact the basic environmentally protective activities that
facilities are currently undertaking.
D. National Technology Transfer and Advancement Act of 1995
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
This proposed rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.
EPA welcomes comments on this aspect of the proposed rulemaking
and, specifically, invites the public to identify potentially-
applicable voluntary consensus standards and to explain why such
standards should be used in this regulation.
E. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA)
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business; (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district or special district with a population of less than
50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impacts of today's final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the proposed rule on small entities''. 5 U.S.C. 603
and 604. Thus, an agency may certify that a rule will not have a
significant economic impact on a substantial number of small entities
if the rule relieves regulatory burden, or otherwise has a positive
economic effect on small entities subject to the rule. Today's proposal
is specifically intended to be deregulatory and to reduce, not
increase, the paperwork and related burdens of the RCRA hazardous waste
program. For businesses in general, including all small businesses, the
proposed changes would reduce the labor time and other costs of
preparing, keeping records of, and submitting reports to the Agency.
The proposed rule, for example, would reduce the frequency by which
businesses must conduct specified recordkeeping and reporting
activities. It also would eliminate certain recordkeeping and reporting
requirements altogether, i.e., in cases where the documents are little
used by the public or regulators. In addition, the rule would eliminate
redundancies between the RCRA regulations and other regulatory programs
(e.g., RCRA and OSHA requirements for personnel training), thereby
streamlining facilities' compliance activities. Finally, the rule would
provide increased flexibility in how waste handlers may comply with the
regulations. For example, we would allow waste handlers to seek relief,
on a case-by-case basis, from the inspection frequencies in the
regulations. Facilities successfully demonstrating that the regulatory
frequencies are not necessary (e.g., because of site-specific
mitigating factors) would be granted a reduced inspection frequency by
the Agency. We have therefore concluded that today's proposed rule will
relieve regulatory burden for small entities.
F. Executive Order 13132 (Federalism)
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' are defined in the
Executive Order to include regulations that 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.''
This proposed rule 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,
as specified in Executive Order 13132. As explained above, today's
proposal eliminates or relaxes many of the paperwork requirements in
the regulations. Because these changes are equivalent to or less
[[Page 2533]]
stringent than the existing Federal program, States would not be
required to adopt and seek authorization for them. Thus, Executive
Order 13132 does not apply to this proposed rule.
In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, we specifically solicit comment on this proposed rule from
State and local officials.
G. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions by State, local, and tribal
governments and the private sector. Under section 202 of UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed rules and final rules for which the Agency
published a notice of proposed rulemaking if those rules contain
``Federal mandates'' that may result in the expenditure by State,
local, and tribal governments, in the aggregate, or to the private
sector, of $100 million or more in any one year. If a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives. Under
section 205, EPA must adopt the least costly, most cost-effective or
least burdensome alternative that achieves the objectives of the rule,
unless the Administrator publishes with the final rule an explanation
why that alternative was not adopted. The provisions of section 205 do
not apply when they are inconsistent with applicable law.
EPA has determined that this rule will not result in the
expenditure of $100 million or more by State, local, and tribal
governments, in the aggregate, or by the private sector in any one year
because this is a burden reduction rulemaking which reduces costs.
H. Executive Order 13175: Consultation and Coordination With Indian and
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' are defined in the Executive Order to include
regulations that have ``substantial direct effects on one or more
Indian tribes, on the relationship between the Federal government and
the Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes.''
This proposed rule does not have tribal implications. It will not
have substantial direct effects on tribal governments, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175. As
explained above, today's proposal eliminates or relaxes many of the
paperwork requirements in the regulations. Accordingly, the
requirements of section 3(b) of Executive Order 13084 do not apply to
this proposed rule. Thus, Executive Order 13175 does not apply to this
proposed rule.
In the spirit of Executive Order 13175, and consistent with EPA
policy to promote communications between EPA and tribal governments,
EPA specifically solicits additional comment on this proposed rule from
tribal officials.
I. Paperwork Reduction Act
We have prepared a document listing the information collection
requirements of this proposed rule, and have submitted it for approval
to the Office of Management and Budget (OMB) under the provisions of
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
We calculate the reporting and recordkeeping burden reduction for
this rule as 929,000 hours and $120,000,000. Burden means total time,
effort, or financial resources expended by persons to generate,
maintain, retain, disclose, or provide information to or for a Federal
agency. That includes the time needed to review instructions; develop,
acquire, install, and utilize technology and systems for the purposes
of collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to be able to respond to
a collection of information; search data sources; complete and review
the collection of information; and transmit or otherwise disclose the
information.
J. Executive Order 13211 (Energy Effects)
This proposed rule is not a ``significant energy action'' as
defined in Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it is not likely to have a significant adverse
effect on the supply, distribution, or use of energy. Further, we have
concluded that this proposed rule is not likely to have any adverse
energy effects.
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
Comparable fuels, Syngas fuels, Excluded hazardous waste, Hazardous
waste, Reporting and recordkeeping requirements.
40 CFR Part 264
Air pollution control, Hazardous waste, Insurance, Packaging and
containers, Reporting and recordkeeping requirements, Security
measures, Surety bonds.
40 CFR Part 265
Air pollution control, Hazardous waste, Insurance, Packaging and
containers, Reporting and recordkeeping requirements, Security
measures, Surety bonds, Water supply.
40 CFR Part 266
Energy, Hazardous waste, Recycling, Reporting and recordkeeping
requirements.
40 CFR Part 268
Hazardous waste, Reporting and recordkeeping requirements.
40 CFR Part 270
Administrative practice and procedure, Confidential business
information, Hazardous materials transportation, Hazardous waste,
Reporting and recordkeeping requirements, Water pollution control,
Water supply.
40 CFR Part 271
Administrative practice and procedure, Confidential business
information, Hazardous materials transportation, Hazardous waste,
Indians-lands, Intergovernmental relations, Penalties, Reporting and
recordkeeping requirements, Water pollution control, Water supply.
Dated: December 20, 2001.
Christine Todd Whitman,
Administrator.
For the reasons set out in the preamble, it is proposed that title
40 of
[[Page 2534]]
the Code of Federal Regulations be amended as follows:
PART 260--HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
1. The authority citation for part 260 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935,
6937, 6938, 6939, and 6974.
Subpart C--Rulemaking Petitions
Sec. 260.31 [Amended]
2. Section 260.31 is amended by removing paragraph (b)(2) and
redesignating paragraphs (b)(3) through (b)(8) as (b)(2) through
(b)(7).
PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
3. The authority citation for part 261 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y), and
6938.
Subpart A--General
Sec. 261.4 [Amended]
4. Section 261.4 is amended by removing paragraphs (a)(9)(iii)(E)
and (f)(9); and redesignating paragraphs (f)(10) and (f)(11) as (f)(9)
and (f)(10).
5. Section 261.38 is amended by removing the last sentence of
paragraph (c)(1) introductory text and removing and reserving paragraph
(c)(1)(i).
PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
6. The authority citation for part 264 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6924, and 6925.
Subpart B--General Facility Standards
7. Section 264.16 is amended by revising paragraphs (a)(1), (a)(3)
and (d) to read as follows (the Comment following paragraph (a)(1) is
unchanged):
Sec. 264.16 Personnel training.
(a)(1) Facility personnel must successfully complete a program of
classroom instruction or on-the-job training that teaches them to
perform their duties in a way that ensures the facility's compliance
with the requirements of this part.
* * * * *
(3) The owner or operator of the facility shall ensure that all
personnel potentially involved in emergency response at the facility:
(i) Have received training required by the Occupational Safety and
Health Administration at 29 CFR 1910.120(p)(8) or 1910.120(q) as
applicable; and
(ii) Have been trained in all elements of the facility's
contingency plan applicable to their roles in emergency response.
* * * * *
(d) The owner or operator must maintain at the facility records
documenting the training or job experience required under paragraphs
(a), (b), and (c) of this section that has been given to and completed
by facility personnel.
* * * * *
Subpart D--Contingency Plan and Emergency Procedures
8. Section 264.52 is amended by revising paragraph (b) to read as
follows:
Sec. 264.52 Content of contingency plan.
* * * * *
(b) If the owner or operator has already prepared a Spill
Prevention, Control, and Countermeasures (SPCC) Plan in accordance with
part 112 of this chapter, or part 1510 of chapter V, or some other
emergency or contingency plan, he need only amend that plan to
incorporate hazardous waste management provisions that are sufficient
to comply with the requirements of this part. The owner or operator
should consider developing one contingency plan based on the National
Response Team's Integrated Contingency Plan Guidance (``One Plan'')
which meets all regulatory requirements.
* * * * *
Sec. 264.56 [Amended]
9. Section 264.56 is amended by removing paragraph (i) and
redesignating paragraph (j) as paragraph (i).
Subpart E--Manifest System, Recordkeeping, and Reporting
10. Section 264.73 is amended by revising paragraphs (b)
introductory text, (b)(1), (b)(2), (b)(6), (b)(8), and (b)(10) to read
as follows (the Comment following paragraph (b)(2) is unchanged):
Sec. 264.73 Operating record.
* * * * *
(b) The following information must be recorded, as it becomes
available, and maintained in the operating record for three years after
it is entered into the operating record unless noted otherwise as
follows:
(1) A description and the quantity of each hazardous waste
received, and the method(s) and date(s) of its treatment, storage, or
disposal at the facility. This information must be maintained in the
operating record until closure of the facility;
(2) The location of each hazardous waste within the facility and
the quantity at each location. For all facilities, this information
must include cross-references to manifest document numbers if the waste
was accompanied by a manifest. For disposal facilities, the location
and quantity of each hazardous waste must be recorded on a map or
diagram that shows each cell or disposal area. All of this information
must be maintained in the operating record until closure of the
facility.
* * * * *
(6) Monitoring, testing, or analytical data, and corrective action
data where required by subpart F of this part and Secs. 264.19,
264.191, 264.193, 264.195, 264.222, 264.223, 264.226, 264.252 through
264.254, 264.276, 264.278, 264.280, 264.302 through 264.304, 264.309,
264.347, 264.602, 264.1034(c) through 264.1034(f), 264.1035,
264.1063(d) through 264.1063(i), 264.1064, and 264.1082 through
264.1090. All of this information must be maintained in the operating
record until closure of the facility.
* * * * *
(8) All closure cost estimates, and for disposal facilities, all
post-closure cost estimates. This information must be maintained in the
operating record until closure of the facility.
* * * * *
(10) Records of the quantities and date of placement for each
shipment of hazardous waste placed in land disposal units under an
extension to the effective date of any land disposal restriction
granted pursuant to Sec. 268.5 of this chapter, a petition pursuant to
Sec. 298.6 of this chapter, or a certification under Sec. 268.8 of this
chapter, and the applicable notice required by a generator under
Sec. 268.7(a) of this chapter. This information must be maintained in
the operating record until closure of the facility.
* * * * *
11. Section 264.90 is amended by revising paragraph (a)(2) to read
as follows:
Sec. 264.90 Applicability.
(a) * * *
(2) All solid waste management units must comply with the
requirements in Sec. 264.101. A surface impoundment, waste pile, land
treatment unit, or landfill must comply with the
[[Page 2535]]
requirements of Secs. 264.91 through 264.100 in lieu of Sec. 264.101
for purposes of detecting, characterizing and responding to releases to
the uppermost aquifer. The financial assurance responsibility
requirements of Sec. 264.101 apply to all regulated units.
* * * * *
12. Section 264.98 is amended by revising paragraphs (c),
(g)(5)(ii), (g)(6)(i), and (g)(6)(ii) to read as follows:
Sec. 264.98 Detection monitoring program.
* * * * *
(c) The owner or operator must conduct and maintain records for a
ground-water monitoring program for each chemical parameter and
hazardous constituent specified in their permit. The Regional
Administrator, on a discretionary basis, may allow sampling for a site-
specific subset of constituents from the Appendix IX list of this part
and other representative/related waste constituents. The owner or
operator must maintain a record of ground-water analytical data as
measured and in a form necessary for the determination of statistical
significance under Sec. 264.97(h).
(g) * * *
(5) * * *
(ii) Note in the operating record whether this contamination was
caused by a source other than the regulated unit or from an error in
sampling, analysis, or evaluation;
* * * * *
(6) * * *
(i) Note in the operating record that statistically significant
evidence of contamination was found;
(ii) Enter into the operating record a report demonstrating that a
source other than a regulated unit caused the contamination, or that
the contamination resulted from an error in sampling, analysis, or
evaluation;
* * * * *
13. Section 264.99 is amended:
a. Revising paragraph (g);
b. Removing and reserving paragraph (h)(1);
c. Removing paragraphs (i)(1) and (i)(2) and redesignating
paragraphs (i)(3) and (i)(4) as (i)(1) and (i)(2).
The revision reads as follows:
Sec. 264.99 Compliance monitoring program.
* * * * *
(g) The owner or operator must analyze samples from monitoring
wells at the compliance point. The number of wells and samples will be
worked out on a case-by-case basis with the Regional Administrator. The
specific constituents from Appendix IX of part 264 to be analyzed will
also be worked out on a case-by-case basis with the Regional
Administrator. This analysis must be done annually to determine whether
additional hazardous constituents are present in the uppermost aquifer
and, if so, at what concentration, pursuant to procedures in
Sec. 264.98(f). If the owner or operator finds Appendix IX constituents
in the ground water that are not already identified in the permit as
monitoring constituents, the owner or operator may resample within one
month and repeat the Appendix IX analysis. If the second analysis
confirms the presence of new constituents, the owner or operator must
report the concentration of these additional constituents to the
Regional Administrator within seven days after the completion of the
second analysis and add them to the monitoring list. If the owner or
operator chooses not to resample, then he or she must report the
concentrations of these additional constituents to the Regional
Administrator within seven days after completion of the initial
analysis, and add them to the monitoring list.
* * * * *
14. Section 264.113 is amended by revising paragraph (e)(5) to read
as follows:
Sec. 264.113 Closure; time allowed for closure.
* * * * *
(e) * * *
(5) During the period of corrective action, the owner or operator
shall provide an annual report to the Regional Administrator describing
the progress of the corrective action. This report shall include all
ground-water monitoring data, and an evaluation of the effect of the
continued receipt of non-hazardous wastes on the corrective action.
* * * * *
15. Section 264.120 is revised to read as follows:
Sec. 264.120 Certification of completion of post-closure care.
No later than 60 days after completion of the established post-
closure care period for each hazardous waste disposal unit, the owner
or operator must submit to the Regional Administrator a certification
that the post-closure care period was done in accordance with the
specifications in the post-closure plan. The certification must be
signed by the owner or operator and an independent registered
professional engineer or Certified Hazardous Materials Manager.
Documentation supporting the certification must be furnished to the
Regional Administrator upon request until he releases the owner or
operator from the financial assurance requirements for post-closure
care under Sec. 264.145(i).
Subpart I--Use and Management of Containers
16. Section 264.174 is revised to read as follows:
Sec. 264.174 Inspections.
At least weekly, or less frequently as determined by the Director,
the owner or operator must inspect areas where containers are stored.
In all cases, inspections must occur at least monthly. Director
decisions about less frequent inspections will be based on an
evaluation of the compliance record of a facility. The owner or
operator must look for leaking containers and for deterioration of
containers and the containment system caused by corrosion or other
factors.
Subpart J--Tank Systems
17. Section 264.191 is amended by revising paragraphs (a) and
(b)(5)(ii) to read as follows (the Note following paragraph (b)(5)(ii)
is unchanged):
Sec. 264.191 Assessment of existing tank system's integrity.
(a) For each existing tank system that does not have secondary
containment, the owner or operator must determine that the tank system
is not leaking or is unfit for use. Except as provided in paragraph (c)
of this section, the owner or operator must obtain and keep an
assessment reviewed and certified by an independent, qualified
registered professional engineer or a Certified Hazardous Materials
Manager attesting to the tank system's integrity.
(b) * * *
(5) * * *
(ii) For other than non-enterable underground tanks and for
ancillary equipment, this assessment must include a leak test or other
integrity examination that is certified by an independent, qualified
registered professional engineer or a Certified Hazardous Materials
Manager that addresses cracks, leaks, corrosion, or erosion.
* * * * *
18. Section 264.192 is amended by revising paragraphs (a)
introductory text and (b) introductory text to read as follows:
Sec. 264.192 Design and installation of new tank systems or
components.
(a) Owners or operators of new tank systems or components must
obtain and submit to the Regional Administrator, at the time of
submittal of part B
[[Page 2536]]
information, an assessment, reviewed and certified by an independent,
qualified, registered professional engineer or a Certified Hazardous
Materials Manager attesting that the tank system has sufficient
structural integrity and is acceptable for the storing and treating of
hazardous waste. The assessment must show that the foundation,
structural support, seams, connections, and pressure controls (if
applicable) are adequately designed and that the tank system has
sufficient structural strength, compatibility with the waste(s) to be
stored or treated, and corrosion protection to ensure that it will not
collapse, rupture, or fail. This assessment, which will be used by the
Regional Administrator to approve or disapprove the acceptability of
the tank system design, must include, at a minimum, the following
information:
* * * * *
(b) The owner or operator of a new tank system must ensure that
proper handling procedures are adhered to in order to prevent damage to
the system during installation. Prior to covering, enclosing, or
placing a new tank system or component in use, an independent,
qualified registered professional engineer or Certified Hazardous
Materials Manager or independent, qualified installation inspector must
inspect the system or component for the presence of any of the
following items:
* * * * *
19. Section 264.193 is amended:
a. By revising paragraph (a);
b. By revising paragraphs (c)(3) and (c)(4); (the Note following
paragraph (c)(4) is unchanged);
c. By revising paragraph (e)(3)(iii) (the Note following paragraph
(e)(3)(iii) is unchanged);
d. By revising paragraph (g) introductory text and paragraph
(g)(1);
e. By removing paragraph (h) and redesignating paragraph (i) as
(h).
The revisions read as follows:
Sec. 264.193 Containment and detection of releases.
(a) Secondary containment must be provided for all existing and new
tank systems and components.
* * * * *
(c) * * *
(3) Provided with a leak-detection system that is designed and
operated so that it will detect the failure of either the primary or
secondary containment structure or the presence of any release of
hazardous waste or accumulated liquid in the secondary containment
system within 24 hours, or at the earliest practicable time; and
(4) Sloped or otherwise designed or operated to drain and remove
liquids resulting from leaks, spills, or precipitation. Spilled or
leaked waste and accumulated precipitation must be removed from the
secondary containment system within 24 hours, or in as timely a manner
as is possible to prevent harm to human health and the environment.
* * * * *
(e) * * *
(3) * * *
(iii) Provided with a built-in, continuous leak-detection system
capable of detecting a release within 24 hours, or at the earliest
practicable time.
* * * * *
(g) The owner or operator is not required to comply with the
requirements of this section if he or she implements alternate design
and operating practices and keeps records at the facility describing
these practices. Such alternate design and operating practices,
together with location characteristics, must prevent the migration of
any hazardous waste or hazardous constituents into the ground water or
surface water at least as effectively as secondary containment, during
the active life of the tank system; or, in the event of a release that
does migrate to ground or surface water, no substantial present or
potential hazard will be posed to human health or the environment. New
underground tank systems may not be exempted from the secondary
containment requirements of this section.
(1) The owner or operator who uses these alternate tank design and
operating practices and who has a release must:
(i) Comply with the requirements of Sec. 264.196 and
(ii) Decontaminate or remove contaminated soil to the extent
necessary to:
(A) Enable the tank system to resume operation with the capability
for the detection of releases at least equivalent to the capability it
had prior to the release; and
(B) Prevent the migration of hazardous waste or hazardous
constituents to ground or surface water.
(iii) If contaminated soil cannot be removed or decontaminated, the
owner or operator must comply with the requirements of Sec. 264.197(b).
* * * * *
20. Section 264.195 is amended by revising paragraph (b) to read as
follows (the Note following paragraph (b) is unchanged):
Sec. 264.195 Inspections.
* * * * *
(b) The owner or operator must inspect at least weekly, or less
frequently as determined by the Director. In all cases, inspections
must occur at least monthly. Director decisions about less frequent
inspections will be based on an evaluation of the compliance record of
a facility.
* * * * *
21. Section 264.196 is amended by removing paragraph (d);
redesignating paragraphs (e) and (f) as paragraphs (d) and (e),
respectively; and revising newly designated paragraph (e) to read as
follows:
Sec. 264.196 Response to leaks or spills and disposition of leaking or
unfit-for-use tank systems.
* * * * *
(e) Certification of major repairs. If the owner/operator has
repaired a tank system in accordance with paragraph (d) of this
section, and the repair has been extensive (e.g., installation of an
internal liner; repair of a ruptured primary containment or secondary
containment vessel), the tank system must not be returned to service
unless the owner/operator has obtained a certification by an
independent, qualified, registered, professional engineer or Certified
Hazardous Materials Manager that the repaired system is capable of
handling hazardous wastes without release for the intended life of the
system.
Subpart K--Surface Impoundments
22. Section 264.223 is amended by removing paragraphs (b)(1),
(b)(2) and (b)(6); redesignating paragraphs (b)(3) through (b)(5) as
paragraphs (b)(1) through (b)(3), respectively; and revising paragraph
(c) introductory text to read as follows:
Sec. 264.223 Response actions.
* * * * *
(c) To make the leak and/or remediation determinations in
paragraphs (b)(1), (2), and (3) of this section, the owner or operator
must:
* * * * *
Subpart L--Waste Piles
23. Section 264.251 is amended by revising paragraph (c)
introductory text to read as follows:
Sec. 264.251 Design and operating requirements.
* * * * *
(c) The owner or operator of each new waste pile, each lateral
expansion of a waste pile unit, and each replacement of an existing
waste pile unit must install two or more liners, and a leachate
[[Page 2537]]
collection and removal system above and between the liners.
* * * * *
24. Section 264.253 is amended by removing paragraphs (b)(1),
(b)(2) and (b)(6); redesignating paragraphs (b)(3) through (b)(5) as
(b)(1) through (b)(3), respectively; and revising paragraph (c)
introductory text to read as follows:
Sec. 264.253 Response actions.
* * * * *
(c) To make the leak and/or remediation determinations in
paragraphs (b)(1), (2), and (3) of this section, the owner or operator
must:
* * * * *
Subpart M--Land Treatment
Sec. 264.278 [Amended]
25. Section 264.278 is amended by removing and reserving paragraph
(g)(1); removing paragraphs (h)(1) and (h)(2) and redesignating
paragraphs (h)(3) and (h)(4) as (h)(1) and (h)(2).
Subpart N--Landfills
26. Section 264.304 is amended by removing paragraphs (b)(1),
(b)(2) and (b)(6); redesignating paragraphs (b)(3) through (b)(5) as
(b)(1) through (b)(3); and revising paragraph (c) introductory text, to
read as follows:
Sec. 264.304 Response actions.
* * * * *
(c) To make the leak and/or remediation determinations in
paragraphs (b)(1), (2), and (3) of this section, the owner or operator
must:
* * * * *
27. Section 264.314 is amended by removing paragraph (a) and
redesignating paragraphs (b) through (f) as paragraphs (a) through (e)
and by revising newly designated paragraphs (a) and (e) introductory
text to read as follows:
Sec. 264.314 Special requirements for bulk and containerized liquids.
(a) The placement of bulk or non-containerized liquid hazardous
waste or hazardous waste or hazardous waste containing free liquids
(whether or not sorbents have been added) in any landfill is
prohibited.
* * * * *
(e) The placement of any liquid that is not a hazardous waste in a
landfill is prohibited unless the owner or operator of the landfill
demonstrates to the Regional Administrator, or the Regional
Administrator determines that:
* * * * *
Subpart O--Incinerators
Sec. 264.343 [Amended]
28. Section 264.343 is amended by removing the last sentence of
paragraph (a)(2).
Subpart W--Drip Pads
29. Section 264.571 is amended by revising paragraphs (a), (b), and
(c) to read as follows:
Sec. 264.571 Assessment of existing drip pad integrity.
(a) For each existing drip pad, the owner or operator must
determine whether it meets all of the requirements of this subpart,
except the requirements for liners and leak detection systems of
Sec. 264.573(b). The owner or operator must obtain an assessment
reviewed and certified by an independent, qualified registered
professional engineer or Certified Hazardous Materials Manager. The
assessment must be updated and recertified annually until all upgrades,
repairs, or modifications necessary to achieve compliance with the
standards of Sec. 264.573 are complete.
(b) The owner or operator must develop a plan for upgrading,
repairing, and modifying the drip pad to meet the requirements of
Sec. 264.573(b). This plan must describe all changes to be made to the
drip pad in sufficient detail to document compliance with the
requirements of Sec. 264.573. The plan must be completed no later than
two years before the date that all repairs, upgrades, and modifications
are complete. The plan must be reviewed and certified by an independent
qualified registered professional engineer or a Certified Hazardous
Materials Manager.
(c) Upon completion of all upgrades, repairs, and modifications,
the owner or operator must develop as-built drawings for the drip pad
together with a certification by an independent qualified registered
professional engineer or a Certified Hazardous Materials Manager that
the drip pad conforms to the drawings.
* * * * *
30. Section 264.573 is amended by revising paragraphs (a)(4)(ii),
(g), and (m)(1)(iii) and removing paragraphs (m)(1)(iv) and (m)(3) and
removing and reserving paragraph (m)(2) to read as follows:
Sec. 264.573 Design and operating requirements.
(a) * * *
(4) * * *
(ii) The owner or operator must obtain and keep on file an
assessment of the drip pad reviewed and certified by an independent,
qualified, registered professional engineer or Certified Hazardous
Materials Manager attesting to the results of the evaluation. The
assessment must be reviewed, updated, and recertified annually. The
evaluation must document the extent to which the drip pad meets the
design and operating standards of this section, except for paragraph
(b) of this section.
* * * * *
(g) The owner or operator must evaluate the drip pad to determine
that it meets the requirements of paragraphs (a) through (f) of this
section and must obtain a certification of this by an independent,
qualified, registered professional engineer or a Certified Hazardous
Materials Manager and maintain this certification on-site.
* * * * *
(m) * * *
(1) * * *
(iii) Determine what steps must be taken to repair the drip pad and
clean up any leakage from below the drip pad, and establish a schedule
for accomplishing the repairs. Records that repairs were completed on
schedule must be kept at the facility.
* * * * *
31. Section 264.574 is amended by revising paragraph (a) to read as
follows:
Sec. 264.574 Inspections.
(a) During construction or installation, liners and cover systems
(for example, membranes, sheets, or coatings) must be inspected for
uniformity, damage and imperfections. Immediately after construction or
installation, liners must be inspected and certified to meet the
requirements in Sec. 264.573 by an independent, qualified registered
professional engineer or a Certified Hazardous Materials Manager. This
certification must be maintained at the facility as part of the
facility operating record. After installation, liners and covers must
be inspected to ensure tight seams and joints and the absence of tears,
punctures, or blisters.
* * * * *
Subpart AA--Air Emission Standards for Process Vents
Sec. 264.1036 [Removed and Reserved]
32. Remove and reserve Sec. 264.1036.
Subpart BB--Air Emission Standards for Equipment Leaks
Sec. 264.1062 [Amended]
33. Section 264.1061 is amended by removing paragraph (b)(1);
redesignating paragraphs (b)(2) and (b)(3) as paragraphs (b)(1) and
(b)(2),
[[Page 2538]]
respectively; and removing paragraph (d).
Sec. 264.1062 [Amended]
34. Section 264.1062 is amended by removing paragraph (a)(2) and
redesignating paragraph (a)(1) as paragraph (a).
Sec. 264.1065 [Removed and Reserved]
35. Remove and reserve Sec. 264.1065.
Subpart DD--Containment Buildings
36. Section 264.1100 is amended by revising the introductory text
to read as follows:
Sec. 264.1100 Applicability.
The requirements of this subpart apply to owners or operators who
store or treat hazardous waste in units designed and operated under
Sec. 264.1101 of this subpart. The owner or operator is not subject to
the definition of land disposal in RCRA section 3004(k) provided that
the unit:
* * * * *
37. Section 264.1101 is amended by revising paragraphs (c)(2),
(c)(3)(i)(C) and (c)(4), removing paragraphs (c)(3)(i)(D) and
(c)(3)(iii) and removing and reserving paragraph (c)(3)(ii) to read as
follows:
Sec. 264.1101 Design and operating standards.
* * * * *
(c) * * *
(2) Obtain certification by an independent qualified registered
professional engineer or Certified Hazardous Materials Manager that the
containment building design meets the requirements of paragraphs (a),
(b), and (c) of this section.
(3) * * *
(i) * * *
(C) Determine what steps must be taken to repair the containment
building, remove any leakage from the secondary containment system, and
establish a schedule for accomplishing the clean-up and repairs.
Records that repairs were completed on schedule must be kept at the
facility.
(ii) [Reserved]
(4) Inspect and record in the facility's operating record at least
once every seven days, or less frequently as determined by the
Director, data gathered from monitoring and leak detection equipment as
well as the containment building and the area immediately surrounding
the containment building to detect signs of releases of hazardous
waste. In all cases, inspections must occur at least monthly. Director
decisions about less frequent inspections will be based on an
evaluation of the compliance record of a facility.
* * * * *
PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
38. The authority citation for part 265 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925,
6935, 6936, and 6937, unless otherwise noted.
Subpart B--General Facility Standards
39. Section 265.1 is amended by revising paragraph (b) to read as
follows (the Comment following paragraph (b) is unchanged):
Sec. 265.1 Purpose, scope, and applicability.
* * * * *
(b) Except as provided in Sec. 265.1080(b), the standards of this
part, Secs. 264.552, 264.553, and 264.554 of this chapter apply to
owners and operators of facilities that treat, store, or dispose of
hazardous waste and who have complied with the requirements for interim
status under RCRA section 3005(e) and Sec. 270.10 of this chapter.
* * *
40. Section 265.16 is amended by revising paragraphs (a)(1) and
(a)(3) and (d) to read as follows:
Sec. 265.16 Personnel training.
(a)(1) Facility personnel must successfully complete a program of
classroom instruction or on-the-job training that teaches them to
perform their duties in a way that ensures the facility's compliance
with the requirements of this part.
* * * * *
(3) The owner or operator of the facility shall ensure that all
personnel potentially involved in emergency response at the facility:
(i) Have received training required by the Occupational Safety and
Health Administration at 29 CFR 1910.120(p)(8) or 1910.120(q) as
applicable; and
(ii) Have been trained in all elements of the facility's
contingency plan applicable to their roles in emergency response.
* * * * *
(d) The owner or operator must maintain at the facility records
documenting the training or job experience required under paragraphs
(a), (b), and (c) of this section that has been given to and completed
by facility personnel.
* * * * *
Subpart D--Contingency Plans and Emergency Procedures
41. Section 265.52 is amended by revising paragraph (b) to read as
follows:
Sec. 265.52 Content of contingency plan.
* * * * *
(b) If the owner or operator has already prepared a Spill
Prevention, Control, and Countermeasures (SPCC) Plan in accordance with
part 112 of this chapter, or part 1510 of chapter V, or some other
emergency or contingency plan, he need only amend that plan to
incorporate hazardous waste management provisions that are sufficient
to comply with the requirements of this Part. The owner or operator
should consider developing one contingency plan based on the National
Response Team's Integrated Contingency Plan Guidance (One Plan) which
meets all regulatory requirements.
* * * * *
42. Section 265.56 is amended by removing paragraph (i) and
redesignating paragraph (j) as paragraph (i)
43. Section 265.73 is amended by revising paragraphs (b)
introductory text, (b)(1), (b)(2), (b)(6), (b)(8), and (b)(10) to read
as follows (the Comment following paragraph (b)(6) is unchanged):
Sec. 265.73 Operating record.
* * * * *
(b) The following information must be recorded, as it becomes
available, and maintained in the operating record for three years after
it is entered into the operating record unless noted otherwise as
follows:
(1) A description and the quantity of each hazardous waste
received, and the method(s) and date(s) of its treatment, storage, or
disposal at the facility. This information must be kept in the
operating record until closure of the facility;
(2) The location of each hazardous waste within the facility and
the quantity at each location. For all facilities, this information
must include cross-references to manifest document numbers if the waste
was accompanied by a manifest. For disposal facilities, the location
and quantity of each hazardous waste must be recorded on a map or
diagram that shows each cell or disposal area. All of this information
must be maintained in the operating record until closure of the
facility;
* * * * *
(6) Monitoring, testing or analytical data, and corrective action
where required by subpart F of this part and by
[[Page 2539]]
Sec. Sec. 265.19, 265.90, 265.94, 265.191, 265.193, 265.195, 265.222,
265.223, 265.226, 265.255, 265.259, 265.260, 265.276, 265.278,
265.280(d)(1), 265.302 through 265.304, 265.347, 265.377, 265.1034(c)
through 265.1034(f), 265.1035, 265.1063(d) through 265.1063(i),
265.1064, and 265.1083 through 265.1090 of this part. All of this
information must be maintained in the operating record until closure of
the facility;
* * * * *
(8) Records of the quantities (and date of placement) for each
shipment of hazardous waste placed in land disposal units under an
extension to the effective date of any land disposal restriction
granted pursuant to Sec. 268.5 of this chapter, monitoring data
required pursuant to a petition under Sec. 268.6 of this chapter, or a
certification under Sec. 268.8 of this chapter, and the applicable
notice required by a generator under Sec. 268.7(a) of this chapter. All
of this information must be maintained in the operating record until
closure of the facility.
* * * * *
(10) For an on-site treatment facility, the information contained
in the notice (except the manifest number), and the certification and
demonstration if applicable, required by the generator or the owner or
operator under Sec. 268.7 or Sec. 268.8 of this chapter. All of this
information must be maintained in the operating record until closure of
the facility.
* * * * *
Subpart F--Groundwater Monitoring
44. Section 265.90 is amended by revising paragraph (d)(1) and
(d)(3) to read as follows:
Sec. 265.90 Applicability.
* * * * *
(d) * * *
(1) Within one year after [the effective date of the final rule],
develop a specific plan, certified by a qualified geologist or
geotechnical engineer, which satisfies the requirements of
Sec. 265.93(d)(3), for an alternate ground-water monitoring system;
* * * * *
(3) Prepare a report in accordance with Sec. 265.93(d)(4);
* * * * *
45. Section 265.93 is amended:
a. By revising paragraph (c)(1);
b. Redesignating paragraph (d)(1) as paragraph (d) introductory
text, and redesignating paragraphs (d)(2) through (d)(7) as (d)(1)
through (d)(6), respectively;
c. Revising newly designated paragraphs (d) introductory text,
(d)(1), (d)(2) introductory text, (d)(3) introductory text, (d)(4),
(d)(5), (d)(6), and paragraph (e) and (f).
The revisions read as follows:
Sec. 265.93 Preparation, evaluation and response.
* * * * *
(c)(1) If the comparisons for the upgradient wells made under
paragraph (b) of this section show a significant increase (or pH
decrease), the owner or operator must note this in the operating
record.
* * * * *
(d) If the analyses performed under paragraph (c)(2) of this
section confirm a significant increase (or pH decrease), the owner or
operator must:
(1) Develop a specific plan, based on the outline required under
paragraph (a) of this section and certified by a qualified geologist or
geotechnical engineer, for a ground-water quality assessment program at
the facility.
(2) The plan to be developed under Sec. 265.90(d)(1) or paragraph
(d)(1) of this section must specify:
* * * * *
(3) The owner or operator must implement the ground-water quality
assessment program which satisfies the requirements of paragraph (d)(2)
of this section, and, at a minimum, determine:
* * * * *
(4) The owner or operator must make his first determination under
paragraph (d)(3) of this section as soon as technically feasible, and
prepare a report containing an assessment of the ground-water quality.
This report must be kept in the facility operating record.
(5) If the owner or operator determines, based on the results of
the first determination under paragraph (d)(3) of this section, that no
hazardous waste or hazardous waste constituents from the facility have
entered the ground water, then he may reinstate the indicator
evaluation program described in Sec. 265.92 and paragraph (b) of this
section.
(6) If the owner or operator determines, based on the first
determination under paragraph (d)(3) of this section, that hazardous
waste or hazardous waste constituents from the facility have entered
the ground water, then he:
(i) Must continue to make the determinations required under
paragraph (d)(3) of this section on a quarterly basis until final
closure of the facility, if the ground-water quality assessment plan
was implemented prior to final closure of the facility; or
(ii) May cease to make the determinations required under paragraph
(d)(3) of this section, if the ground-water quality assessment plan was
implemented during the post-closure care period.
(e) Notwithstanding any other provision of this subpart, any
ground-water quality assessment to satisfy the requirements of
paragraph (d)(3) of this section which is initiated prior to final
closure of the facility must be completed in accordance with paragraph
(d)(4) of this section.
(f) Unless the ground water is monitored to satisfy the
requirements of paragraph (d)(3) of this section, at least annually the
owner or operator must evaluate the data on ground-water surface
elevations obtained under Sec. 265.92(e) to determine whether the
requirements under Sec. 265.91(a) for locating the monitoring wells
continue to be satisfied. If the evaluation shows that Sec. 265.91(a)
is no longer satisfied, the owner or operator must immediately modify
the number, location, or depth of the monitoring wells to bring the
groundwater monitoring system into compliance with this requirement.
46. Section 265.94 is amended by revising the section heading and
paragraphs (a) introductory text, (a)(2), and (b), to read as follows:
Sec. 265.94 Recordkeeping requirements.
(a) Unless the ground water is monitored to satisfy the
requirements of Sec. 265.93(d)(3), the owner or operator must:
* * * * *
(2) Keep records of the following:
(i) During the first year when initial background concentrations
are being established for the facility: concentrations or values of the
parameters listed in Sec. 265.92(b)(1) for each ground-water monitoring
well.
(ii) Concentrations or values of the parameters listed in
Sec. 265.92(b)(3) for each ground-water monitoring well, along with the
required evaluations for these parameters under Sec. 265.93(b). The
owner or operator must separately identify any significant differences
from initial background found in the upgradient wells, in accordance
with Sec. 265.93(c)(1).
(iii) Results of the evaluations of ground-water surface elevations
under Sec. 265.93(f), and a description of the response to that
evaluation, where applicable.
(b) If the ground water is monitored to satisfy the requirements of
Sec. 265.93(d)(3), the owner or operator must keep records of the
following:
(1) Analyses and evaluations specified in the plan, which satisfies
the
[[Page 2540]]
requirements of Sec. 265.93(d)(2), throughout the active life of the
facility, and, for disposal facilities, throughout the post-closure
care period as well; and
(2) Results of his or her ground-water quality assessment program,
which includes, but is not limited to, the calculated (or measured)
rate of migration of hazardous waste or hazardous waste constituents in
the ground water.
Subpart G--Closure and Post-Closure
47. Section 265.113 is amended by revising paragraph (e)(5) to read
as follows:
Sec. 265.113 Closure; time allowed for closure.
* * * * *
(e) * * *
(5) The owner or operator must provide annual reports to the
Regional Administrator describing the progress of the corrective action
program. These reports must include ground-water monitoring data and an
analysis of the effect of continued receipt of non-hazardous waste on
the effectiveness of the corrective action.
* * * * *
48. Section 265.120 is revised as follows:
Sec. 265.120 Certification of completion of post-closure care.
No later than 60 days after the completion of the established post-
closure care period for each hazardous waste disposal unit, the owner
or operator must submit to the Regional Administrator a certification
that the post-closure care period for the hazardous waste disposal unit
was performed in accordance with the specifications in the approved
post-closure plan. The certification must be signed by the owner or
operator and by an independent, qualified registered professional
engineer or Certified Hazardous Materials Manager. Documentation
supporting the certification must be furnished to the Regional
Administrator upon request until he releases the owner or operator from
the financial assurance requirements for post-closure care under
Sec. 265.145(h).
Subpart I--Use and Management of Containers
49. Section 265.174 is revised to read as follows:
Sec. 265.174 Inspections.
At least weekly, or less frequently as determined by the Director,
the owner or operator must inspect areas where containers are stored.
In all cases, inspections must occur at least monthly. Director
decisions about less frequent inspections will be based on an
evaluation of the compliance record of a facility. The owner or
operator must look for leaking containers and for deterioration of
containers and the containment system caused by corrosion or other
factors.
Subpart J--Tank Systems
50. Section 265.191 is amended by revising paragraphs (a) and
(b)(5)(ii) to read as follows (the Note following paragraph (b)(5)(ii)
is unchanged):
Sec. 265.191 Assessment of existing tank system's integrity.
(a) For each existing tank system that does not have secondary
containment meeting the requirements of Sec. 265.193, the owner or
operator must determine that the tank system is not leaking or is unfit
for use. Except as provided in paragraph (c) of this section, the owner
or operator must obtain and keep an assessment reviewed and certified
by an independent, qualified registered professional engineer or
Certified Hazardous Materials Manager attesting to the tank system's
integrity.
* * * * *
(b) * * *
(5) * * *
(ii) For other than non-enterable underground tanks and for
ancillary equipment, this assessment must be either a leak test, as
described in paragraph (b)(5)(i) of this section, or an internal
inspection and/or other tank integrity examination certified by an
independent, qualified registered professional engineer or Certified
Hazardous Materials Manager that addresses cracks, leaks, corrosion,
and erosion.
* * * * *
51. Section 265.192 is amended by revising paragraphs (a)
introductory text and (b) introductory text to read as follows:
Sec. 265.192 Design and installation of new tank systems or
components.
(a) Owners or operators of new tank systems or components must
ensure that the foundation, structural support, seams, connections, and
pressure controls (if applicable) are adequately designed and that the
tank system has sufficient structural strength, compatibility with the
waste(s) to be stored or treated, and corrosion protection so that it
will not collapse, rupture, or fail. The owner or operator must obtain
an assessment by an independent, qualified registered professional
engineer or Certified Hazardous Materials Manager attesting that the
system has sufficient structural integrity and is acceptable for the
storing and treating of hazardous waste. This assessment must include
the following information:
* * * * *
(b) The owner or operator of a new tank system must ensure that
proper handling procedures are adhered to in order to prevent damage to
the system during installation. Prior to covering, enclosing, or
placing a new tank system or component in use, an independent,
qualified registered professional engineer or Certified Hazardous
Materials Manager or independent, qualified installation inspector must
inspect the system or component for the presence of any of the
following items:
* * * * *
52. Section 265.193 is amended:
a. By revising paragraphs (a);
b. By revising paragraph (e)(3)(iii) (the Note following paragraph
(e)(3)(iii) is unchanged);
c. By revising paragraphs (g) introductory text and (g)(1);
d. Removing paragraph (h);
e. Redesignating paragraph (i) as (h).
The revisions read as follows:
Sec. 265.193 Containment and detection of releases.
(a) Secondary containment must be provided for all existing and new
tank systems and components.
* * * * *
(e) * * *
(3) * * *
(iii) Provided with a built-in, continuous leak-detection system
capable of detecting a release within 24 hours, or at the earliest
practicable time.
* * * * *
(g) The owner or operator is not required to comply with the
requirements of this section if he or she implements alternate design
and operating practices and keeps records at the facility describing
these practices. Such alternate design and operating practices,
together with location characteristics, must prevent the migration of
any hazardous waste or hazardous constituents into the ground water or
surface water at least as effectively as secondary containment, during
the active life of the tank system; or, in the event of a release that
does migrate to ground or surface water, no substantial present or
potential hazard will be posed to human health or the environment. New
underground tank systems may not be exempted from the
[[Page 2541]]
secondary containment requirements of this section.
(1) The owner or operator who uses these alternate tank design and
operating practices and who has a release must:
(i) Comply with the requirements of Sec. 264.196 of this chapter
and
(ii) Decontaminate or remove contaminated soil to the extent
necessary to:
(A) Enable the tank system to resume operation with the capability
for the detection of releases at least equivalent to the capability it
had prior to the release; and
(B) Prevent the migration of hazardous waste or hazardous
constituents to ground or surface water.
(iii) If contaminated soil cannot be removed or decontaminated, the
owner or operator must comply with the requirements of Sec. 264.197(b)
of this chapter.
* * * * *
53. Section 265.195 is amended by revising paragraph (a) to read as
follows (the Note following paragraph (a) is unchanged):
Sec. 265.195 Inspections.
(a) The owner or operator must inspect at least weekly, or less
frequently as determined by the Director. In all cases, inspections
must occur at least monthly. Director decisions about less frequent
inspections will be based on an evaluation of the compliance record of
a facility.
* * * * *
54. Section 265.196 is amended by removing paragraph (d);
redesignating paragraphs (e) and (f) as paragraphs (d) and (e),
respectively; and revising newly designated paragraph (e), to read as
follows (the Note following newly designated paragraph (e) is
unchanged):
Sec. 265.196 Response to leaks or spills and disposition of leaking or
unfit-for-use tank systems.
* * * * *
(e) Certification of major repairs. If the owner/operator has
repaired a tank system in accordance with paragraph (d) of this
section, and the repair has been extensive (e.g., installation of an
internal liner; repair of a ruptured primary containment or secondary
containment vessel), the tank system must not be returned to service
unless the owner/operator has obtained a certification by an
independent, qualified, registered, professional engineer or Certified
Hazardous Materials Manager that the repaired system is capable of
handling hazardous wastes without release for the intended life of the
system.
* * * * *
Subpart K--Surface Impoundments
55. Section 265.221 is amended by revising paragraph (a) to read as
follows:
Sec. 265.221 Design and operating requirements.
(a) The owner or operator of each new surface impoundment unit,
each lateral expansion of a surface impoundment unit, and each
replacement of a surface impoundment unit must have two or more liners,
and a leachate collection and removal system between the liners. The
leachate collection and removal system must be operated in accordance
with Sec. 264.221(c) of this chapter, unless exempted under
Sec. 264.221(d), (e), or (f) of this chapter.
* * * * *
56. The second section designated as Sec. 265.223 is amended:
a. By revising the first sentence of paragraph (a);
b. Removing paragraphs (b)(1), (b)(2), and (b)(6) and redesignating
paragraphs (b)(3) through (b)(5) as paragraphs (b)(1) through (b)(3),
respectively;
c. Revising paragraph (c) introductory text.
The revisions read as follows:
Sec. 265.223 Response actions.
(a) The owner or operator of surface impoundment units subject to
Sec. 265.221(a) must develop a response action plan. * * *
* * * * *
(c) To make the leak and/or remediation determinations in
paragraphs (b)(1), (2), and (3) of this section, the owner or operator
must:
* * * * *
Subpart L--Waste Piles
57. Section 265.259 is amended:
a. By revising the first sentence of paragraph (a);
b. Removing paragraphs (b)(1), (b)(2), and (b)(6) and redesignating
paragraphs (b)(3) through (b)(5) as (b)(1) through (b)(3),
respectively; and
c. Revising paragraph (c) introductory text.
The revisions read as follows:
Sec. 265.259 Response actions.
(a) The owner or operator of waste pile units subject to
Sec. 265.254 must develop a response action plan. * * *
* * * * *
(c) To make the leak and/or remediation determinations in
paragraphs (b)(1), (2), and (3) of this section, the owner or operator
must:
* * * * *
Subpart M--Land Treatment
Sec. 265.276 [Amended]
58. Section 265.276 is amended by removing paragraph (a) and
redesignating paragraphs (b) and (c) as paragraphs (a) and (b),
respectively.
Subpart N--Landfills
59. Section 265.301 is amended by revising paragraph (a) to read as
follows:
Sec. 265.301 Design and operating requirements.
(a) The owner or operator of each new landfill unit, each lateral
expansion of a landfill unit, and each replacement of an existing
landfill unit must install two or more liners and a leachate collection
and removal system above and between the liners. The leachate
collection and removal system must be operated in accordance with
Sec. 264.301(d), (e), or (f) of this chapter.
* * * * *
60. Section 265.303 is amended:
a. By revising the first sentence of paragraph (a);
b. Removing paragraphs (b)(1), (b)(2), and (b)(6) and redesignating
paragraphs (b)(3) through (b)(5) as (b)(1) through (b)(3),
respectively; and
c. Revising paragraph (c) introductory text.
The revisions read as follows:
Sec. 265.303 Response actions.
(a) The owner or operator of landfill units subject to
Sec. 265.301(a) must develop a response action plan. * * *
* * * * *
(c) To make the leak and/or remediation determinations in
paragraphs (b)(1), (2), and (3) of this section, the owner or operator
must:
* * * * *
61. Section 265.314 is amended by removing paragraphs (a),
redesignating paragraphs (b) through (g) as paragraphs (a) through (f),
and revising newly designated paragraphs (a) and (f) introductory text
to read as follows:
Sec. 265.314 Special requirements for bulk and containerized liquids.
(a) The placement of bulk or non-containerized liquid hazardous
waste or hazardous waste containing free liquids (whether or not
sorbents have been added) in any landfill is prohibited.
* * * * *
(f) The placement of any liquid which is not a hazardous waste in a
landfill is prohibited unless the owner or operator
[[Page 2542]]
of the landfill demonstrates to the Regional Administrator or the
Regional Administrator determines that:
* * * * *
Subpart W--Drip Pads
62. Section 265.441 is amended by revising paragraph (a), (b), and
(c) to read as follows:
Sec. 265.441 Assessment of existing drip pad integrity.
(a) For each existing drip pad, the owner or operator must
determine whether it meets the requirements of this subpart, except for
the requirements for liners and leak detection systems of
Sec. 265.443(b). The owner or operator must obtain and keep an
assessment of the drip pad, reviewed and certified by an independent,
qualified registered professional engineer or Certified Hazardous
Materials Manager attesting to the results of the evaluation. The
assessment must be reviewed, updated, and recertified annually until
all upgrades, repairs, or modifications necessary to achieve compliance
with all the standards of Sec. 265.443 are complete.
(b) The owner or operator must develop a plan for upgrading,
repairing, and modifying the drip pad to meet the requirements of
Sec. 265.443(b), and submit the plan to the Regional Administrator no
later than 2 years before the date that all repairs, upgrades, and
modifications are complete. This plan must describe all changes to be
made to the drip pad in sufficient detail to document compliance with
the requirements of Sec. 265.443. The plan must be reviewed and
certified by an independent qualified registered professional engineer
or a Certified Hazardous Materials Manager.
(c) Upon completion of all repairs and modifications, the owner or
operator must submit to the Regional Administrator or State Director
the as-built drawings for the drip pad together with a certification by
an independent qualified registered professional engineer or a
Certified Hazardous Materials Manager attesting that the drip pad
conforms to the drawings.
* * * * *
63. Section 265.443 is amended by revising paragraphs (a)(4)(ii)
and (g) and removing paragraph (m)(1)(iv), removing and reserving
paragraph (m)(2), and removing paragraph (m)(3) to read as follows:
Sec. 265.443 Design and operating requirements.
(a) * * *
(4) * * *
(ii) The owner or operator must obtain and keep an assessment of
the drip pad, reviewed and certified by an independent, qualified
registered professional engineer or Certified Hazardous Materials
Manager that attests to the results of the evaluation. The assessment
must be reviewed, updated and recertified annually. The evaluation must
document the extent to which the drip pad meets the design and
operating standards of this section, except for paragraph (b) of this
section.
* * * * *
(g) The drip pad must be evaluated to determine that it meets the
requirements of paragraphs (a) through (f) of this section and a
certification of this by an independent, qualified, registered
professional engineer or a Certified Hazardous Materials Manager must
be obtained and kept on-site.
* * * * *
64. Section 265.444 is amended by revising paragraph (a) to read as
follows:
Sec. 265.444 Inspections.
(a) During construction or installation, liners and cover systems
(e.g., membranes, sheets, or coatings) must be inspected for
uniformity, damage and imperfections. Immediately after construction or
installation, liners must be inspected and certified as meeting the
requirements of Sec. 265.443 by an independent, qualified registered
professional engineer or a Certified Hazardous Materials Manager. This
certification must be maintained at the facility as part of the
facility operating record. After installation, liners and covers must
be inspected to ensure tight seams and joints and the absence of tears,
punctures, or blisters.
* * * * *
Subpart BB--Air Emission Standards for Equipment Leaks
Sec. 265.1061 [Amended]
65. Section 265.1061 is amended by removing paragraph (b)(1);
redesignating paragraphs (b)(2) and (b)(3) as paragraphs (b)(1) and
(b)(2), respectively; and removing paragraph (d).
66. Section 265.1062 is amended by removing paragraph (a)(2) and
redesignating paragraph (a)(1) as paragraph (a).
Subpart DD--Containment Buildings
67. Section 265.1100 is amended by revising the introductory text
to read as follows:
Sec. 265.1100 Applicability.
The requirements of this subpart apply to owners or operators who
store or treat hazardous waste in units designed and operated under
Sec. 265.1101 of this subpart. The owner or operator is not subject to
the definition of land disposal in RCRA section 3004(k) provided that
the unit:
* * * * *
68. Section 265.1101 is amended by removing paragraphs
(c)(3)(i)(D), and (c)(3)(iii) and removing and reserving paragraph
(c)(3)(ii); and revising paragraphs (c)(2), (c)(3)(i)(C), and (c)(4)to
read as follows:
Sec. 265.1101 Design and operating standards.
* * * * *
(c) * * *
(2) Obtain and keep a certification by an independent, qualified
registered professional engineer or Certified Hazardous Materials
Manager that the containment building design meets the requirements of
paragraphs (a) through (c) of this section.
(3) * * *
(i) * * *
(C) Determine what steps must be taken to repair the containment
building, remove any leakage from the secondary containment system, and
establish a schedule for accomplishing the clean-up and repairs.
Records that repairs were completed on schedule must be kept at the
facility.
(ii) [Reserved]
(4) Inspect and record in the facility's operating record at least
once every seven days, or less frequently as determined by the Director
data gathered from monitoring and leak detection equipment as well as
the containment building and the area immediately surrounding the
containment building to detect signs of releases of hazardous waste. In
all cases, inspections must occur at least monthly. Director decisions
about less frequent inspections will be based on an evaluation of the
compliance record of a facility.
* * * * *
PART 266--STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
69. The authority citation for part 266 continues to read as
follows:
Authority: 42 U.S.C. 1006, 2002(a), 3001-3009, 3014, 6905, 6906,
6912, 6921, 6922, 6924-6927, 6934, and 6937.
[[Page 2543]]
Subpart H--Hazardous Waste Burned in Boilers and Industrial
Furnaces
70. Section 266.102 is amended by revising paragraph (e)(10) to
read as follows:
Sec. 266.102 Permit standards for burners.
* * * * *
(e) * * *
(10) Recordkeeping. The owner or operator must keep in the
operating record of the facility all information and data required by
this section for three years.
* * * * *
71. Section 266.103 is amended by revising paragraphs
(b)(2)(ii)(D), (d), and (k) to read as follows:
Sec. 266.103 Interim status standards for burners.
* * * * *
(b) * * *
(2) * * *
(ii) * * *
(D) When best engineering judgment is used to develop or evaluate
data and make determinations, it must be done by an independent
qualified, registered professional engineer or Certified Hazardous
Materials Manager, and a certification of his or her determinations
must be provided in the certification of precompliance.
* * * * *
(d) Periodic recertifications. The owner or operator must conduct
compliance testing and submit to the Director a recertification of
compliance under provisions of paragraph (c) of this section within
five years from submitting the previous certification or
recertification. If the owner or operator seeks to recertify compliance
under new operating conditions, he/she must comply with the
requirements of paragraph (c)(8) of this section.
* * * * *
(k) Recordkeeping. The owner or operator must keep in the operating
record of the facility all information and data required by this
section for three years.
* * * * *
72. Section 266.111 is amended by revising paragraph (e)(2)(i) to
read as follows:
Sec. 266.111 Standards for direct transfer.
* * * * *
(e) * * *
(2) Requirements prior to meeting secondary containment
requirements. (i) For existing direct transfer equipment that does not
have secondary containment, the owner or operator shall determine
whether the equipment is leaking or is unfit for use. The owner or
operator shall obtain and keep on file at the facility a certified
assessment from a qualified, registered professional engineer or
Certified Hazardous Materials Manager that attests to the equipment's
integrity.
* * * * *
Subpart M--Military Munitions
73. Section 266.205 is amended by revising paragraph (a)(1)(v) to
read as follows:
Sec. 266.205 Standards applicable to the storage of solid waste
military munitions.
(a) * * *
(1) * * *
(v) The owner or operator must provide notice to the Director
within 24 hours from the time the owner or operator becomes aware of
any loss or theft of the waste military munitions, or any failure to
meet a condition of this section.
* * * * *
PART 268--LAND DISPOSAL RESTRICTIONS
74. The authority citation for part 268 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, and 6924.
75. Section 268.7 is amended by revising paragraphs (b)(6) and
(d)(1); removing paragraphs (a)(1) and (a)(6); and redesignating
paragraphs (a)(2) through (a)(5) as (a)(1) through (a)(4) and (a)(7)
through (a)(10) as (a)(5) through (a)(8):
Sec. 268.7 Testing, tracking and recordkeeping requirements for
generators, treaters, and disposal facilities.
* * * * *
(b) * * *
(6) Where the wastes are recyclable materials used in a manner
constituting disposal subject to the provisions of 40 CFR 266.20(b)
regarding treatment standards and prohibition levels, the owner or
operator of a treatment facility (i.e., the recycler) must, for the
initial shipment of waste, prepare a one-time certification described
in paragraph (b)(4) of this section, and a one-time notice which
includes the information in paragraph (b)(3) of this section (except
the manifest number). The certification and notification must be placed
in the facility's on-site files. If the waste or the receiving facility
changes, a new certification and notification must be prepared and
placed in the on-site files. In addition, the recycling facility must
also keep records of the name and location of each entity receiving the
hazardous waste-derived product.
* * * * *
(d) * * *
(1) A one-time notification, including the following information,
must be prepared and placed in the facility's on site files.
* * * * *
76. Section 268.9 is amended by revising paragraphs (a) and (d)
introductory text to read as follows:
Sec. 268.9 Special rules regarding wastes that exhibit a
characteristic.
(a) A generator of hazardous waste must determine, following the
requirements of Sec. 262.11 of this chapter, or if applicable,
Sec. 264.13 of this chapter, and including the ability to use knowledge
of the waste, if the waste has to be treated before it can be land
disposed.
(1) This is done by determining if the hazardous waste meets the
treatment standards in Secs. 268.40, 268.48, and 268.49. In addition,
some hazardous wastes must be treated by particular treatment methods
before they can be land disposed. These methods of treatment are
specified in Sec. 268.40, and are described in detail in Sec. 268.42,
Table 1. Wastes with required treatment methods do not need to meet
concentration levels.
(2) For purposes of this part 268, the waste will carry the waste
code for any applicable listed waste (40 CFR part 261, subpart D). In
addition, where the waste exhibits a characteristic, the waste will
carry one or more of the characteristic waste codes (40 CFR part 261,
subpart C), except when the treatment standard for the listed waste
operates in lieu of the treatment standard for the characteristic
waste, as specified in paragraph (b) of this section.
(3) If the generator determines that their waste displays a
hazardous characteristic (and is not D001 nonwastewater treated by
CMBST, RORGS, or POLYM of Sec. 268.42, Table 1), the generator must
meet treatment standards for all underlying hazardous constituents (as
defined at Sec. 268.2(i)) in the characteristic waste.
* * * * *
(d) Wastes that exhibit a characteristic are also subject to
Sec. 268.7 requirements, except that once the waste is no longer
hazardous, a one-time notification and certification must be placed in
the generators or treaters files. The notification and certification
must be updated if the process or operation generating the waste
changes and/or if
[[Page 2544]]
the subtitle D facility receiving the waste changes.
* * * * *
PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE
PERMIT PROGRAM
77. The authority citation for part 270 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and
6974.
78. Section 270.16 is amended by revising paragraph (a) to read as
follows:
Sec. 270.16 Specific part B information requirements for tank systems.
* * * * *
(a) An assessment by an independent, registered professional
engineer or a Certified Hazardous Materials Manager of the structural
integrity and suitability for handling hazardous waste of each tank
system, as required under Secs. 264.191 and 264.192 of this chapter.
* * * * *
79. Section 270.17 is amended by revising paragraph (d) to read as
follows:
Sec. 270.17 Specific part B information requirements for surface
impoundments.
* * * * *
(d) A certification by a qualified engineer or Certified Hazardous
Materials Manager of the structural integrity of each dike. For new
units, the owner or operator must submit a statement by a qualified
engineer or a Certified Hazardous Materials Manager that construction
will be completed in accordance with the plans and specifications.
* * * * *
PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE
PROGRAMS
80. The authority citation for part 271 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a) and 6926.
81. Section 271.1 is amended by adding the following entry to Table
1 in chronological order by date of publication in the Federal
Register, to read as follows:
Sec. 271.1 Purpose and scope.
* * * * *
(j) * * *
Table 1.--Regulations Implementing the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
Federal Register
Promulgation date Title of regulation reference Effective date
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
[Date of publication of final rule in Office of Solid Waste [FR page numbers]...... [Date of X months from
the Federal Register (FR)]. Burden Reduction date of publication of
Project. final rule].
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
82. Section 271.21 is amended by adding the following entry to
Table 1 in chronological order by date of publication in the Federal
Register, to read as follows:
Sec. 271.21 Procedures for revision of State programs.
* * * * *
Table 1 to Sec. 271.21
------------------------------------------------------------------------
Federal Register
Title of regulation Promulgation date reference
------------------------------------------------------------------------
* * * *
* * *
------------------------------------------------------------------------
* * * * * * *
Resource Conservation and Recovery Act Burden Reduction Initiative
* * * * * * *
[FR Doc. 02-191 Filed 1-16-02; 8:45 am]
BILLING CODE 6560-50-P