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Effective Date: This final rule is effective on July 14, 2006.
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AGENCY:
Environmental Protection Agency.
ACTION:
Final rule.
SUMMARY:
The Environmental Protection Agency (EPA) is correcting errors in the hazardous waste and used oil regulations, as a result of printing omissions, typographical errors, misspellings, citations to paragraphs and other references that have been deleted or moved to new locations without correcting the citations, and similar mistakes appearing in numerous final rules published in the
Federal Register
. This final rule does not create new regulatory requirements.
DATES:
Effective Date:
This final rule is effective on July 14, 2006.
I. Does This Rule Create New Federal Requirements?
This rule does not create new regulatory requirements; rather, the rule corrects typographical errors, misspellings, punctuation mistakes, missing words, nomenclature errors, incorrect citations, and similar technical mistakes made in numerous final rules published in the
Federal Register
, and corrects printing omissions and other printing errors in the
Federal Register
and Code of Federal Regulations, in order to improve the clarity of the regulations. The application, implementation, and enforcement of the regulations addressed in this rule are not changed in any way.
II. Why Is This Correction Issued as a Final Rule?
Section 553 of the Administrative Procedures Act (APA), 5 U.S.C. 553(b), requires agencies to provide prior notice and opportunity for public comment before issuing a final rule. However, an agency may issue a rule without providing notice and an opportunity for public comment if it finds that notice and public comment procedures are impracticable, unnecessary, or contrary to the public interest (
see5 U.S.C. 553(b)(3)(B)). EPA has determined that there is good cause for making this action final without prior proposal and opportunity for public comment because these corrections to the Code of Federal Regulations do not change the regulatory requirements for the hazardous waste management program, and therefore comment is unnecessary. This action corrects typographical and printing errors, incorrect citations resulting primarily from a failure to identify and make conforming changes to internal references when obsolete requirements are removed and subsequent paragraphs are redesignated, and similar mistakes. For these reasons, EPA believes that there is good cause under 5 U.S.C. 553(b)(3) for issuing these corrections as a final rule, and that it is in the public interest to make the corrections to the CFR immediately effective, without going through notice and comment procedures.
III. What Does This Rule Do and Why Are the Corrections Necessary?
This rule corrects approximately 500 errors in the 40 CFR hazardous waste and used oil regulations. As discussed in Section I. above, these errors resulted from such mistakes as typographical and printing errors, and incorrect citations often resulting from EPA's failure to make conforming changes to internal references when, for example, removing obsolete requirements and making associated redesignations of paragraphs; this action also replaces references to DOT regulations that have been superceded (and are thus no longer in the CFR) with the verbatim language of the superceded DOT regulations without changing the implementation and enforcement of the regulations in any way. EPA believes that the errors cause confusion and that the corrections will facilitate understanding of the hazardous waste and used oil regulations.
In developing this rule, EPA accumulated a lengthy list of suggested “technical” corrections, including a number from EPA regions and the States who implement these regulations. Today's action represents approximately 85 percent of the suggested technical corrections received. EPA will continue to examine the remaining 15 percent for a subsequent technical corrections rule.
The 40 CFR sections where corrections are being made are listed below, organized by part. For a number of these, where the correction is not so obvious (e.g., is not a simple misspelling), a description of the change and an explanation are provided. As can be seen by these descriptions, none of the corrections in today's notice changes the original substance or meaning of these sections.
A. Corrections to 40 CFR Part 260 (Hazardous Waste Management System: General)
1. EPA is amending the following sections in 40 CFR part 260 in order to correct typographical errors and incorrect citations: Section 260.10 definitions of “Designated facility,” “Incompatible waste,” “Personnel or facility personnel,” “Universal waste,” and “Used oil;” and §§ 260.22, 260.40, and 260.41.
2.
40 CFR 260.40 and 260.41:
EPA is making a conforming change to § 260.40(a) and to the introductory language in § 260.41 by revising the reference “§ 261.6(a)(2)(iv)” to read “§ 261.6(a)(2)(iii).” When §§ 260.40 and 260.41 were first added (50 FR 662 and 663, January 4, 1985), § 260.6 was revised (50 FR 665, January 4, 1985) such that paragraph (a)(2)(iii) was reserved for used oil, paragraph (a)(2)(iv) referred to precious metals, and paragraph (a)(2)(v) referred to spent lead-acid batteries. Subsequently, in the used oil regulations (57 FR 41612, September 10, 1992), § 261.6(a)(2) paragraph (iii) was deleted, and paragraphs (iv) and (v) were redesignated as paragraphs (iii) and (iv), but the conforming changes were not made to §§ 260.40 and 260.41, by redesignating § 261.6(a)(2)(iv) to § 261.6(a)(2)(iii), to keep the reference to precious metals. Today's rule makes this conforming correction. EPA also notes that the reference in § 260.41 to subpart F of part 266 correctly addresses precious metals recovery (it is subpart G of part 266 that addresses spent lead-acid batteries reclamation).
B. Corrections to Part 261 (Identification and Listing of Hazardous Waste)
1. EPA is amending the following sections of 40 CFR part 261 in order to correct typographical and spelling errors, incorrect citations, and printing errors: Sections 261.2, 261.3, 261.4, 261.6, 261.21, 261.24, 261.31, 261.32, 261.33, 261.38, Appendix VII (F002, F038, F039, K001, and K073 entries), and Appendix VIII.
2.
40 CFR 261.21(a)(3) and 261.21(a)(4):
When EPA first promulgated the ignitability characteristic for hazardous waste identification, the Agency incorporated, by reference, U.S. Department of Transportation (DOT) regulations (contained in Title 49 of the CFR) that defined an ignitable compressed gas and
( printed page 40255)
an oxidizer. In 1990, DOT revised and recodified its regulations governing transportation of hazardous materials, including the sections of 49 CFR referenced by 40 CFR 261.21.[1]
The referenced DOT regulations were both revised and moved within 49 CFR; as a result, the hazardous characteristic definitions at 40 CFR 261.21(a)(3) and 261.21(a)(4) now refer to nonexistent or irrelevant sections of the DOT regulations.
Since these original DOT regulations are still required under RCRA, EPA is replacing the obsolete references to the DOT regulations contained in the definitions for an ignitable compressed gas and an oxidizer, 40 CFR 261.21(a)(3) and 261.21(a)(4), respectively, with the actual language from the referenced sections of the DOT regulations that was published in Title 49 of the CFR at the time of the finalization of the RCRA regulations (1980). Because it can be difficult to obtain copies of the CFR from 1980, this revision will make it easier for the regulated community to find and apply the definitions of ignitable compressed gas and oxidizer for the purposes of 261.21. The implementation and enforcement of the ignitability characteristic will not change in any way. The Agency is simply publishing the original definitions to ease the burden on the regulated community.
3.
40 CFR 261.31(a):
This section was amended June 29, 1995 (60 CFR 33913), by removing footnote 1 from the table (referring to a temporary stay of the effective date of regulations listing certain wood preserving wastes as hazardous wastes). The Office of
Federal Register
, by mistake, also removed the footnote designated by an asterisk (*) which said “*(I,T) should be used to specify mixtures containing ignitable and toxic constituents.” Today's notice restores and clarifies the footnote to read “*(I,T) should be used to specify mixtures that are ignitable and contain toxic constituents.”
4.
40 CFR 261.33(e) and 261.33(f):
The Tables in §§ 261.33(e) and 261.33(f) describe P-listed waste and U-listed waste, respectively. The wastes listed in these Tables are currently organized alphabetically, by substance. In order to simplify the use of the Tables in §§ 231.33(e) and 261.33(f), this rule adds a list of the same wastes organized numerically, by Hazardous Waste Number, to the end of each Table. The Table in § 261.33(e) will now have an alphabetical list of P-listed wastes followed by a numerical list of P-listed wastes, and the Table in § 261.33(f) will now have an alphabetical list of U-listed wastes followed by a numerical list of U-listed wastes. The wastes listed in these Tables are not being changed, except to correct typographical errors. This revision is included to make the Tables in §§ 261.33(e) and 261.33 (f) easier to use and does not substantively change the regulations governing P-listed or U-listed wastes.
C. Corrections to Part 262 (Standards Applicable to Generators of Hazardous Waste)
1. EPA is amending the following sections in 40 CFR part 262 in order to correct typographical errors and incorrect citations, and to update EPA addresses and the list of OECD countries: Sections 262.34, 262.53, 262.56, 262.58, 262.70, 262.81, 262.82, 262.83, 262.84, 262.87, 262.90, and the introductory paragraph to the part 262 Appendix.
3.
40 CFR 262.58(a)(1):
This section is being amended to update the list of designated OECD Member countries by adding the Czech Republic, Hungary, Poland, the Slovak Republic, and South Korea to accurately reflect the current membership.
4.
40 CFR 262.81(k):
This section is being amended by updating the address for the EPA RCRA Docket.
D. Corrections to Part 264 (Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities
1. EPA is amending the following sections of 40 CFR part 264 in order to correct typographical and spelling errors, incorrect citations, and printing errors: Sections 264.1, 264.4, 264.13, 264.17, 264.18, 264.97, 264.98, 264.99, 264.101, 264.111, 264.112, 264.115, 264.116, 264.118, 264.119, 264.140, 264.142, 264.143, 264.145, 264.147, 264.151, 264.175, 264.193, 264.221, 264.223, 264.226, 264.251, 264.252, 264.259, 264.280, 264.283, 264.301, 264.302, 264.304, 264.314, 264.317, 264.344, 264.552, 264.553, 264.554, 264.555, 264.573, 264.600, 264.601, 264.1030, 264.1033, 264.1034, 264.1035, 264.1050, 264.1058, 264.1064, 264.1080, 264.1090, 264.1101, 264.1102, and Tables 1 and 2 of Appendix I.
2.
40 CFR 264.112(b)(8) and 264.140(d)(1):
On October 22, 1998 (63 FR 56710), EPA issued a final rule establishing new requirements related to closure and post-closure care at land disposal facilities. Today's rule corrects two typographical errors that appeared in the October 22, 1998 final rule. Sections 264.112(b)(8) and 264.140(d)(1)of that rule referred to § 264.110(d), when they should have referred to § 264.110(c). This error is evidenced by the fact that § 264.110(d) does not exist. In addition, the preamble of the final rule correctly refers to § 264.110(c) in the text under Table 1 (63 FR 56714). Finally, the corresponding provision in §§ 265.112(b)(8) and 265.140(d)(1) correctly refers to § 265.110(d), which is analogous to § 264.110(c). Thus, this final rule corrects the typographical errors in §§ 264.112(b)(8) and 264.140(d)(1) by changing the incorrect reference “§ 264.110(d)” to read “§ 264.110(c).”
3.
40 CFR 264.221(e)(2)(i)(B), 264.301(e)(2)(i)(B), 264.314(f)(2), 265.221(d)(2)(i)(B), 265.301(d)(2)(i)(B), and 265.314(g)(2):
These sections in 40 CFR parts 264 and 265 all refer to “underground source of drinking water (as that term is defined in § 144.3 of this chapter).” Today's correction replaces the citation “§ 144.3 of this chapter” in each of these sections with “40 CFR 270.2” since both citations contain identical definitions for “underground source of drinking water,” but the former is in the Underground Injection Control Program rules and the latter is in the Hazardous Waste Permit Program rules which the user is more likely to have readily available since parts 264 and 265 are the associated Hazardous Waste Facility rules. Today's correction also adds quotes around “underground source of drinking water” to make it clear that this is the term that is defined.
4.
40 CFR 264.573 and 265.443:
Sections 264.572 and 265.442 each provide two options for drip pads: Synthetic liners, in paragraph (a) of both sections; and other low permeability material, in paragraph (b) of both sections. But the design and operating requirements for synthetic liners in paragraphs 264.573(b) and 265.443(b), incorrectly refer to paragraphs 264.572(b) and 265.442(b), respectively; and the design and operating requirements for other low permeability material in paragraphs 264.573(a)(4)(i) and 265.443(a)(4)(i) incorrectly refer to §§ 264.572(a) and 265.442(a), respectively. This mistake was in the original
Federal Register
notice (57 FR 61503, December 24, 1992). Today's action corrects these four references by changing (a) to (b) and (b) to (a) as indicated.
( printed page 40256)
5.
40 CFR 264.1090(c):
EPA is amending this paragraph to correct a typographical error and to remove a duplicate sentence; no other changes are being made.
6.
40 CFR 264.1101(b)(3)(iii) and 265.1101(b)(3)(iii):
These paragraphs refer to §§ 264.193(d)(1) and 265.193(d)(1), respectively, for the requirements for external liner systems for tanks, but these referenced paragraphs merely provide that a liner external to a tank is an option for meeting secondary containment. The actual requirements for external liner systems for tanks are found in §§ 264.193(e)(1) and 265.193(e)(1), respectively. This mistake was in the original
Federal Register
notice (57 FR 37266, August 18, 1992). Today's action provides the correct paragraphs for the requirements.
7.
Table 1 of Appendix I to 40 CFR Part 264:
EPA is amending Table 1 in order to add the unit of measure codes for “Pounds,” “Short tons,” “Kilograms,” and “Tons.”
E. Corrections to Part 265 (Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities
1. EPA is amending the following sections of 40 CFR part 265 in order to correct typographical and spelling errors, incorrect citations, and printing errors: Sections 265.1, 265.12, 265.14, 265.16, 265.19, 265.56, 265.90, 265.110, 265.111, 265.112, 265.113, 265.117, 265.119, 265.140, 265.142, 265.145, 265.147, 265.174, 265.193, 265.194, 265.197, 265.201, 265.221, 265.223, 265.224, 265.228, 265.229, 265.255, 265.259, 265.280, 265.281, 265.301, 265.302, 265.303, 265.312, 265.314, 265.316, 265.405, 265.441, 265.443, 265.445, 265.1033, 265.1035, 265.1063, 265.1080, 265.1085, 265.1087, 265.1090, 265.1100, 265.1101, Tables 1 and 2 of Appendix I, Appendix V, and Appendix VI.
2.
40 CFR 265.147(b)(1)(i) and (ii):
Because of a printing error, 40 CFR 265.147(a)(1)(i) and (ii), and 265.147(b)(1)(i) and (ii) were omitted from the July 1, 1989, 1990 and 1991 CFRs, although they were included in earlier editions of the
Federal Register
and CFRs. A September 23, 1991 (56 FR 47912) correction to the CFR published in the
Federal Register
corrected the omission of § 265.147(a)(1)(i) and (ii) from those CFRs, but did not mention the omission of § 265.147(b)(1)(i) and (ii) from the CFR. This correction is being made to be sure the subparagraphs in 265.147(b)(1) are in the next edition of the CFR.
3.
40 CFR 265.174:
The Burden Reduction Rule (71 FR 16910, April 4, 2006) inadvertently lifted the phrase “and the containment system” from § 264.174 and inserted it into § 265.174. The intent of the Burden Reduction Rule in revising §§ 264.174 and 265.174 was to provide a procedure for Performance Track member facilities to revise their required inspection frequency for container/container areas. At the same time, the Burden Reduction Rule sought to make conforming changes to these sections. Before the Burden Reduction Rule, these two sections, except for the phrase “and the containment system,” were identical in meaning (although they used different language).
Section 264.175 contains requirements and specifications for a containment system for the Part 264 container storage areas. There are no requirements for a containment system for Part 265 container storage areas (§ 265.175 does not exist; it is reserved). To simplify, clarify, and avoid confusion, the Burden Reduction Rule attempted to conform these two sections by using the same language in new § 265.174 as in new § 264.174 for the comparable parts; but in the process, the erroneous reference “and the containment system” was retained. Today's notice corrects this error.
4.
40 CFR 265.221:
The April 4, 2006 final rule (71 FR 16911) amended 40 CFR 265.221 (a). In the process, the words “above and” were inadvertently added, such that the paragraph was amended to read, “The owner or operator of each new surface impoundment unit* * * *must install two or more liners, and a leachate collection and removal system above and between the liners* * * *.” Table 8 in the preamble (71 FR 16876, April 4, 2006) incorrectly indicated that the existing language in § 265.22 (a) included the words “above and,” and the Table indicated that no change was being made here. In actuality, the words “above and” were not in the existing language and EPA indeed had no intent to change this part of the paragraph. As a practical matter, it is impossible to have a “leachate” collection and removal system above a liner in a surface impoundment since the liquid waste itself is there, not leachate.
5.
40 CFR 265.229:
The January 29, 1992 final rule (57 FR 3462) amended 40 CFR 265.228 by redesignating paragraphs (b)(2) and (b)(3) as paragraphs (b)(3) and (b)(4) respectively, and by adding a new paragraph (b)(2). However, instructions for amending § 265.228 were erroneously also applied to § 265.229 (which was not amended by the January 29, 1992 rule), thus resulting in the redesignation of § 265.229(b)(2) and (b)(3) as § 265.229(b)(3) and (b)(4) and the addition of a new § 265.229(b)(2), repeating the paragraph added at § 265.228(b)(2). This error is being corrected by removing 40 CFR 265.229(b)(2), redesignating 40 CFR 265.229(b)(3) and (b)(4) as 40 CFR 265.229(b)(2) and (b)(3), and removing the reference to “57 FR 3493, Jan. 29, 1992” from the
Federal Register
listing at the end of 40 CFR 265.229.
6.
40 CFR 265.1100(d):
Section 265.1100 lists a number of criteria that enable a containment building to not be classified as land disposal under RCRA 3004(k), i.e., that prevent or control releases to the environment. The operable verbs used in this list are: “to prevent” (paragraph (a)), “to withstand” (paragraph (b)), “to prevent” (paragraph (c)(1)), “to minimize” (paragraph (c)(2)), “to prevent” (paragraph (c)(3)), and “to ensure containment and prevent” (paragraph (e)). Yet in paragraph (d), EPA, by mistake, used the word “permit” instead of “prevent,” in saying: “Has controls as needed to permit fugitive dust emissions.” As further evidence EPA meant “prevent,” the comparable paragraph in § 264.1100(d) says: “Has controls sufficient to prevent fugitive dust emissions* * * *.” Further, the accompanying design and operating standards in § 265.1101(a)(2)(i) and (c)(1)(iv) require that all containment buildings “provide an effective barrier against fugitive dust emissions,” and “control fugitive dust emissions” with “no visible emissions.” This mistake was in the original
Federal Register
notice (57 FR 37268, August 18, 1992). Today's action corrects this mistake by changing “permit” to “prevent” in § 265.1100, paragraph (d).
7.
Table 1 of Appendix I to 40 CFR Part 265:
EPA is amending Table 1 in order to add the unit of measure codes for “Pounds,” “Short tons,” “Kilograms,” and “Tons.”
F. Corrections to Part 266 (Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities)
1. EPA is amending the following sections of 40 CFR part 266 in order to correct typographical and spelling errors, incorrect citations, and printing errors: Sections 266.70, 266.80, 266.100, 266.102, 266.103, 266.106, 266.109, Title of Subpart N, and Appendices III, IV, V, VI, VIII, IX and XIII.
2.
40 CFR 266.103(c)(1)(i) and (ix):
These provisions were initially
( printed page 40257)
introduced into the Code of Federal Regulations by a final rule published on February 21, 1991 (56 FR 7134), with an amendment to § 266.103(c)(1)(ix) published on July 17, 1991 (56 FR 32688). An August 27, 1991 final rule (56 FR 42504) amended paragraphs (c)(1) and (c)(3)(i), but a printing error by the Office of the Federal Register resulted in the removal of 40 CFR 266.103(c)(1)(i) through (xiii) and 40 CFR 266.103(c)(3)(ii) and (iii) from the 1992 edition of 40 CFR. A September 30, 1992 final rule (57 FR 44999) reinstated these paragraphs and clarified that they were regarded by EPA to have been in effect continuously in the form published in the 1991 CFR and as subsequently amended by an August 25, 1992 final rule (57 FR 38558). However, in reinstating these paragraphs, errors were introduced in the text at § 266.103(c)(1)(i) and (ix). Today's notice is correcting the errors by reinstating the language at § 266.103(c)(1)(i), as introduced by the February 21, 1991 (56 FR 7134) final rule, and the language at § 266.103(c)(1)(ix), as introduced by the February 21, 1991 final rule (56 FR 7134) and amended by the July 17, 1991 final rule (56 FR 32688).
3.
40 CFR 266.106(d)(1):
The August 25, 1992 final rule (57
FR
38558), which amended 40 CFR 266.106(d)(1), introduced an error into the Federal code by including the duplicate phrase “dispersion modeling to predict the maximum annual average off-site ground level concentration for each.” Today's action corrects the error by removing the duplicate phrase.
G. Corrections to Part 267 (Standards for Owners and Operators of Hazardous Waste Facilities Operating Under a Standardized Permit)
1. EPA is amending 40 CFR part 267 in order to correct the nomenclature in § 267.147.
H. Corrections to Part 268 (Land Disposal Restrictions)
1. EPA is amending the following sections of 40 CFR part 268 in order to correct typographical and spelling errors, incorrect citations, and printing errors: Sections 268.2, 268.4, 268.6, 268.7, 268.14, 268.40, 268.42, 268.44, 268.45, 268.48 Table, 268.49, 268.50, and Appendix VIII.
2.
40 CFR 268.7(b)(4)(ii), (d), (d)(2), and (d)(3):
All these paragraphs incorrectly cite § 261.3(e), which is now “reserved,” for debris excluded from the definition of hazardous waste. The exclusion for debris is located in § 261.3(f). This error can be traced to a January 9, 1992
Federal Register
(57 FR 1013) where it was proposed to place this requirement in § 261.3(e), but in the August 18, 1992
Federal Register
(57 FR 37264) it was placed in § 261.3(f). It was also the August 18, 1992 final rule that erroneously added six references to § 261.3(e) instead of § 261.3(f). Today's action corrects these citations.
3.
40 CFR 268.7(d)(1) and (d)(1)(i) through (iii):
The August 18, 1992 final rule (57 FR 37194) added 40 CFR 268.7(d)(1) and (d)(1)(i) through (iii) to the Federal code. On January 3, 1995 (60
FR
244-245), EPA amended § 268.7(d), introductory text, and (d)(1), but in doing so, erroneously added the duplicate phrase “or State authorized to implement part 268 requirements” in paragraph (d)(1). In addition, the Office of the Federal Register, by mistake, removed paragraphs (d)(1)(i) through (iii). This notice corrects these errors by removing the duplicate phrase at 40 CFR 268.7(d)(1) and reinstating paragraphs (d)(1)(i) through (iii) of 40 CFR 268.7.
I. Corrections to Part 270 (EPA Administered Permit Programs: The Hazardous Waste Permit Program)
EPA is amending the following sections of 40 CFR part 270 in order to correct typographical and spelling errors, and incorrect citations: Sections 270.1, 270.2, 270.10, 270.11, 270.13, 270.14, 270.17, 270.18, 270.20, 270.25, 270.26, 270.33, 270.41, 270.42, 270.42 Appendix I, 270.51, 270.70 and 270.72.
J. Corrections to Part 271 (Requirements for Authorization of State Hazardous Waste Program)
1. EPA is correcting typographical and spelling errors in the following sections of 40 CFR part 271: Sections 271.1, 271.21, and 271.23.
2.
40 CFR 271.21(g)(1)(i):
Today's action restores language that the CFR mistakenly changed between the 1996 and 1997 CFRs, by revising “The State has received an extension of the program modification deadline * * * and has made dils to revise its program * * *” to read “The State has received an extension of the program modification deadline * * * and has made diligent efforts to revise its program * * *.”
K. Corrections to Part 273 (Standards for Universal Waste Management)
EPA is amending the following sections of 40 CFR part 273 in order to correct typographical and spelling errors: Sections 273.9, 273.13, 273.14, 273.34 and 273.61.
L. Corrections to Part 279 (Standards for the Management of Used Oil)
EPA is amending the following sections of 40 CFR part 279 in order to correct typographical and spelling errors, and incorrect citations: §§ 279.1, 279.10, 279.11, 279.43, 279.44, 279.45, 279.52, 279.55, 279.56, 279.57, 279.59, 279.63, 279.64, and 279.70.
IV. Statutory and Executive Order Reviews
This final rule corrects errors introduced into the CFR by numerous previous rules and does not create any new regulatory requirements. Therefore, this rule complies with applicable executive orders and statutory provisions as follows.
1.
Executive Order 12866: Regulatory Planning Review
—Because this rule corrects errors in the CFR and does not create any new regulatory requirements, EPA has determined that this rule is not a “significant regulatory action” under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review by the Office of Management and Budget (OMB).
2.
Paperwork Reduction Act
—This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501et seq.).
3.
Regulatory Flexibility Act
—This rule corrects errors in the CFR and does not impose new burdens on small entities. Accordingly, I certify that this action will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601et seq.).
4.
Unfunded Mandates Reform Act
—Because this rule only corrects errors in the CFR, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
5.
Executive Order 13132: Federalism
—Executive Order 13132 (64 FR 43255, August 10, 1999) does not apply to this rule because it will not have federalism implications (i.e., substantial direct effects on the States, on the relationship between the Federal government and the States, or on the distribution of power and responsibilities among the various levels of government).
6.
Executive Order 13175: Consultation and Coordination with Indian Tribal Governments
—Executive Order 13175 (65 FR 67249, November 6, 2000) does not apply to this rule because it will not have tribal
( printed page 40258)
implications (i.e., substantial direct effects on one or more Indian tribes, or 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).
7.
Executive Order 13045: Protection of Children from Environmental Health and Safety Risks
—This rule is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant and it is not based on environmental health or safety risks.
9.
National Technology Transfer Advancement Act
—The requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply because this rule only corrects errors in the CFR and does not involve technical standards.
10.
Executive Order 12988
—As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), EPA has taken the necessary steps in this action to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct.
11.
Congressional Review Act
—EPA will submit a report containing this rule and other information required by the Congressional Review Act (5 U.S.C. 801et seq.,
as amended) to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication in the
Federal Register.
A major rule cannot take effect until 60 days after it is published in the
Federal Register.
This action is not a “major rule” as defined by 5 U.S.C. 804(2). This action is effective July 14, 2006.
a. In the definition of “ Incompatible waste,
” revise the parenthetical phrase “(See part 265, appendix V, of this chapter for examples.)” to read “(See appendix V of parts 264 and 265 of this chapter for examples.)”;
b. In the definition of “ Personnel or facility personnel,
” remove the comma after the word “work”;
c. In the definition of “ Universal waste,
” remove the section symbol “§ ” in front of “273”;
d. In the definition of “ Used oil,
” revise “in contaminated” to read “is contaminated”.
(i) The term “compressed gas” shall designate any material or mixture having in the container an absolute pressure exceeding 40 p.s.i. at 70 °F or, regardless of the pressure at 70 °F, having an absolute pressure exceeding 104 p.s.i. at 130 °F; or any liquid flammable material having a vapor pressure exceeding 40 p.s.i. absolute at 100 °F as determined by ASTM Test D-323.
(ii) A compressed gas shall be characterized as ignitable if any one of the following occurs:
(A) Either a mixture of 13 percent or less (by volume) with air forms a flammable mixture or the flammable range with air is wider than 12 percent regardless of the lower limit. These limits shall be determined at atmospheric temperature and pressure. The method of sampling and test procedure shall be acceptable to the Bureau of Explosives and approved by the director, Pipeline and Hazardous Materials Technology, U.S. Department of Transportation (see Note 2).
(B) Using the Bureau of Explosives' Flame Projection Apparatus (see Note 1), the flame projects more than 18 inches beyond the ignition source with valve opened fully, or, the flame flashes back and burns at the valve with any degree of valve opening.
(C) Using the Bureau of Explosives' Open Drum Apparatus (see Note 1), there is any significant propagation of flame away from the ignition source.
(D) Using the Bureau of Explosives' Closed Drum Apparatus (see Note 1), there is any explosion of the vapor-air mixture in the drum.
(4) It is an oxidizer. An oxidizer for the purpose of this subchapter is a substance such as a chlorate, permanganate, inorganic peroxide, or a nitrate, that yields oxygen readily to stimulate the combustion of organic matter (see Note 4).
(i) An organic compound containing the bivalent -O-O- structure and which may be considered a derivative of hydrogen peroxide where one or more of the hydrogen atoms have been replaced by organic radicals must be classed as an organic peroxide unless:
(A) The material meets the definition of a Class A explosive or a Class B explosive, as defined in § 261.23(a)(8), in which case it must be classed as an explosive,
(B) The material is forbidden to be offered for transportation according to 49 CFR 172.101 and 49 CFR 173.21,
(C) It is determined that the predominant hazard of the material containing an organic peroxide is other than that of an organic peroxide, or
(D) According to data on file with the Pipeline and Hazardous Materials Safety Administration in the U.S. Department of Transportation (see Note 3), it has been determined that the material does not present a hazard in transportation.
* * * * *
Note 1:
A description of the Bureau of Explosives' Flame Projection Apparatus, Open Drum Apparatus, Closed Drum Apparatus, and method of tests may be procured from the Bureau of Explosives.
Note 2:
As part of a U.S. Department of Transportation (DOT) reorganization, the Office of Hazardous Materials Technology (OHMT), which was the office listed in the 1980 publication of 49 CFR 173.300 for the purposes of approving sampling and test procedures for a flammable gas, ceased operations on February 20, 2005. OHMT programs have moved to the Pipeline and Hazardous Materials Safety Administration (PHMSA) in the DOT.
Note 3:
As part of a U.S. Department of Transportation (DOT) reorganization, the Research and Special Programs Administration (RSPA), which was the office listed in the 1980 publication of 49 CFR 173.151a for the purposes of determining that a material does not present a hazard in transport, ceased operations on February 20, 2005. RSPA programs have moved to the Pipeline and Hazardous Materials Safety Administration (PHMSA) in the DOT.
Note 4:
The DOT regulatory definition of an oxidizer was contained in § 173.151 of 49 CFR, and the definition of an organic peroxide was contained in paragraph 173.151a. An organic peroxide is a type of oxidizer.
13. In § 261.31(a), amend the Table by adding a footnote at the bottom to read as follows: “*(I,T) should be used to specify mixtures that are ignitable and contain toxic constituents.”.
a. In paragraph (e), revise the phrase “are subject to be the” to read “are subject to the”;
b. In paragraph (e), amend the bracketed Comment by adding a sentence at the end, within the brackets, to read as set forth below;
c. In the Table in paragraph (e), in the third column of the row beginning “P045”, in the substance “2-Butanone, 3,3-dimethyl-l-(methylthio)-,O-[methylamino)carbonyl]oxime”, add an opening parenthesis to revise “[methylamino)” to read “[(methylamino)”;
d. In the Table in paragraph (e), in the third column of the row beginning “P194”, in the substance “Ethanimidothioc acid, 2-(dimethylamino)-N-[[(methylamino) carbonyl]oxy]-2-oxo-, methyl ester,”
( printed page 40260)
revise “Ethanimidothioc” to read “Ethanimidothioic”;
e. In the Table in paragraph (e), in the third column of the second row beginning “P074”, revise “Nickel cynaide” to read “Nickel cyanide”.
f. Add entries to the end of the Table in paragraph (e) to read as set forth below:
g. Amend paragraph (f) by revising “manfacturing” to read “manufacturing”.
h. In paragraph (f), amend the bracketed Comment by adding a sentence to the end, within the brackets, to read as set forth below.
i. In the table to paragraph (f), in the entry with “Paraldehyde” in the third column, revise the first column “2” to read “U182”;
j. In the table of paragrah (f), in the third column of the second row beginning “U216”, revise “Thallium chloride Tlcl” to read “thallium chloride TlCl”;
k. In the table of paragraph (f), add an entry just above the entry for “U227” (in column 1), “79-00-5” (in column 2), and “1,1,2-Trichloroethane” (in column 3) to read as set forth below.
l. Add entries to the end of the Table in paragraph (f) as follows:
a. In Table 1 to § 261.38, revise the column one subheading “Halogenated Organic:” to read “Halogenated Organics:”; and under “Halogenated
( printed page 40271)
Organics:”, insert a closing bracket “]” after the chemical name “Dichloromethoxy ethane [Bis(2-chloroethoxy)methane”.
d. In the second column of the “K001” row, revise “cresosote” to read “creosote”;
e. In the second column of the “K073” row, revise “hexacholroethane” to read “hexachloroethane”.
Appendix VIII to Part 261—[Amended]
24. Amend Part 261 Appendix VIII by amending the entries for “Allyl chloride”, “Benzidine”, § 1,2-Dichloroethylene”, “Lasiocarpine”, and “Nitrosamines, N.O.S.” to read as follows:
a. In the third column of the “Allyl chloride” row, revise “107-18-6” to read “107-05-1”;
b. In the second column of the “Benzidine” row, amend “-4,4 1
-” by changing the superscript “1” to the symbol “'” to read, “-4,4'-”;
c. In the second column of the “1,2-Dichloroethylene” row, revise “-dichlrol-” to read “-dichloro-”;
d. In the third and fourth columns of the “Lasiocarpine” row, revise “303-34-1” to read “303-34-4”; and revise “4143” to read “U143”;
e. In the third column of the “Nitrosamines, N.O.S.” row, revise “35576-91-1D” to read “35576-91-1”.
PART 262—STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
25. The authority citation for part 262 continues to read as follows:
26. Amend § 262.34(a)(1)(iv) by removing the beginning phrase “The waste is placed in containment buildings” and adding in its place the phrase “In containment buildings”.
27. Section 262.53 is amended by revising paragraph (b) to read as follows:
(b) Notifications submitted by mail should be sent to the following mailing address: Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Hand-delivered notifications should be sent to: Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division, Environmental Protection Agency, Ariel Rios Bldg., Room 6144, 12th St. and Pennsylvania Ave., NW., Washington, DC 20004. In both cases, the following shall be prominently displayed on the front of the envelope: “Attention: Notification of Intent to Export.”.
* * * * *
28. Section 262.56 is amended by revising paragraph (b) to read as follows:
(b) Annual reports submitted by mail should be sent to the following mailing address: Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Hand-delivered reports should be sent to: Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division, Environmental Protection Agency, Ariel Rios Bldg., Room 6144, 12th St. and Pennsylvania Ave., NW., Washington, DC 20004.
29. Section 262.58 is amended by revising paragraph (a)(1) to read as follows:
(1) For the purposes of subpart H, the designated OECD Member countries consist of Australia, Austria, Belgium, the Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Luxembourg, the Netherlands, New Zealand, Norway, Poland, Portugal, the Slovak Republic, South Korea, Spain, Sweden, Switzerland, Turkey, the United Kingdom, and the United States.
31. In § 262.81, amend paragraph (k) by revising “RCRA Information Center (RIC), 1235 Jefferson-Davis Highway, first floor, Arlington, VA 22203” to read “RCRA Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC 20460”.
32. In § 262.82, amend paragraph (a)(1)(ii) by revising the phrase “Green-list waste” to read “Green-list wastes”.
33. Amend § 262.83 as follows:
a. Amend paragraph (b)(1)(i) by revising “Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A)” to read “Office of Federal Activities, International Compliance Assurance Division (2254A)”.
(i) The notifier must provide EPA the information identified in paragraph (e) of this section in English, at least 10 days in advance of commencing shipment to a pre-approved facility. The notification should indicate that the recovery facility is pre-approved, and may apply to a single specific shipment or to multiple shipments as described in paragraph (b)(1)(i) of this section. This information must be sent to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460, with the words “Attention: OECD Export Notification—Pre-approved Facility” prominently displayed on the envelope.
* * * * *
34-35. Section 262.84 is amended by revising paragraph (e) to read as follows:
(e) Within three working days of the receipt of imports subject to this Subpart, the owner or operator of the U.S. recovery facility must send signed copies of the tracking document to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection
( printed page 40272)
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and to the competent authorities of the exporting and transit countries.
a. In paragraph (a) revise “Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A)”, to read, “Office of Federal Activities, International Compliance Assurance Division (2254A)”;
b. Amend paragraph (a)(5) introductory text by inserting a space in “100kg” and “1000kg” to read “100 kg” and “1000 kg”.
37.-38. Amend § 262.90 in paragraph (c)(2)(vii) by revising “newpaper” to read “newspaper”; and in paragraph (d)(2) by revising “directed.This” by adding a space after the period to read “directed. This”.
PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
39.-40. The authority citation for Part 264 continues to read as follows:
45. In § 264.18, amend paragraph (a)(2)(iii) by revising “Quarternary” to read “Quaternary”; and amend paragraph (b)(2)(iii) by revising “exeeded” to read “exceeded”.
a. In paragraph (a)(3)(i), revise “anniversay” to read “anniversary”;
b. In paragraph (d)(6), revise “issued in a amount” to read “issued in an amount”;
c. In paragraph (f)(11) introductory text, revise “for this section” to read “of this section”; and revise “the direct of higher-tier” to read “the direct or higher-tier”.
a. In paragraph (b), in the section “Corporate Surety(ies),” remove the bracket (]) after “State of incorporation”;
b. In paragraph (f) introductory paragraph, revise the second occurrence of the citation “265.143(e)” to read “265.145(e)”;
c. In paragraph (g), in the fifth paragraph of the LETTER FROM CHIEF FINANCIAL OFFICER, revise ““nonsudden” of” to read ““nonsudden” or”;
d. In paragraph (g), in Item 3. of the LETTER FROM CHIEF FINANCIAL OFFICER, revise “subpart H or 40 CFR” to read “subpart H of 40 CFR”;
e. In paragraph (g), in Part A, ALTERNATIVE I item *3., revise “Current $” to read “Current liabilities $”;
f. In paragraph (g), in Part B, ALTERNATIVE I item 10., insert an asterisk (*) before “10.”;
g. In paragraph (g), in Part B, ALTERNATIVE I item 15., remove the comma after the word “If”;
h. In paragraph (g), in Part B, ALTERNATIVE II item *7., remove the underline before the “$”;
i.-j. In paragraph (h)(2), under the section GUARANTEE FOR LIABILITY COVERAGE, in the second sentence, revise “or which guarantor” to read “of which guarantor”; and revise the phrase “[either 264.141(h)]” to read “[either 264.141(h) or 265.141(h)]”;
k. In paragraph (h)(2), under the section RECITALS, item 13.(a), under the subsection CERTIFICATION OF VALID CLAIM, insert a closing bracket (]) after “[Principal's”;
( printed page 40273)
l. In paragraph (h)(2), under the section RECITALS, item 14, last line, revise “Signature of witness of notary” to read “Signature of witness or notary”;
m. In paragraph (i), following item 2.(e), after “[Title]” revise “Authorized Representive” to read “Authorized Representative”;
n. In paragraph (j), item 2.(d), revise “corportation” to read “corporation”;
o. In paragraph (k), in the section IRREVOCABLE STANDBY LETTER OF CREDIT, delete the opening quotation mark before “(1)” before the subsection CERTIFICATE OF VALID CLAIM, and insert a closing bracket (]) at the end of the phrase after (2) to read “Grantor's facility or group of facilities.]”;
p. In paragraph (k), in the section CERTIFICATE OF VALID CLAIM, in the paragraph following (2), revise “[date] at least one year later]” to read “[date at least one year later]”;
q. In paragraph (l), revise the citations “§ 264.147(h) or § 265.147(h)” to read “§ 264.147(i) or § 265.147(i)”;
r. In paragraph (l), in the subsection CERTIFICATION OF VALID CLAIM, in the introductory paragraph, revise “accidential” to read “accidental”;
s. In paragraph (m)(1), in the CERTIFICATION OF VALID CLAIM Section 8.(c), revise both instances of “depositary” to read “depository”;
t.-u. In paragraph (n)(1), under STANDBY TRUST AGREEMENT, in Section 3.(c)(1), revise “employee or” to read “employee of”;
v. In paragraph (n)(1), Section 3.(e)(3), insert the word “by” after “Property loaned” to read “Property loaned by”;
w. In paragraph (n)(1), Section 12., third sentence, replace the semicolon after “the appointment” with a comma;
x. In paragraph (n)(1), Section 16., second sentence, revise “reasonable” to read “reasonably”.
a. In the third sentence of the NOTE following paragraph (c)(4), revise “sub]ect” to read “subject”;
b. In paragraph (d)(4), insert a period at the end of the sentence;
c. In paragraph (e)(2)(ii), replace the colon with a semicolon;
d. In paragraph (e)(2)(iii), replace the colon with a semicolon;
e. In paragraph (e)(2)(v)(A), revise the citation “§ 262.21” to read “§ 261.21”;
f. In paragraph (e)(2)(v)(B), revise the citation “§ 262.21” to read “§ 261.23”, and replace the period after the word “vapor” with a semicolon and add the word “and”;
g. In paragraph (e)(3)(i), replace the period at the end with a semicolon;
h. In paragraph (e)(3)(ii), replace the colon with a semicolon;
i. In paragraph (g)(1)(iii), replace the comma after the word “water” with a semi-colon;
j. In paragraph (g)(1)(iv), insert a period at the end of the paragraph;
k. In paragraph (g)(2)(i)(A), replace the period with a comma.
a. In paragraph (c)(1)(i)(B), revise “1x10/ −7
/ cm/sec” to read “1x10−7
cm/sec”;
b. In paragraph (c)(2)(ii), revise “1x10/ −1
/ cm/sec” to read “1x10−1
cm/sec” and revise “3x10/−4
/ m2
sec” to read “3x10−4
m2
/sec”;
c. In paragraph (e)(1), revise “EP toxicity characteristics in” to read “toxicity characteristic in”;
d. In paragraph (e)(2)(i)(B), revise the citation “§ 144.3 of this chapter” to read “ 40 CFR 270.2”; and add quotation marks around “underground source of drinking water”.
e. In paragraph (e)(2)(i)(C), revise “requrements” to read “requirements”.
a. In paragraph (c)(2), revise “paragraphs (3)(c)(iii) and (iv)” to read “paragraphs (c)(3)(iii) and (iv)”;
b. In paragraph (e)(2)(i)(B), revise the citation “§ 144.3 of this chapter” to read “ 40 CFR 270.2”; and add quotation marks around “underground source of drinking water”.
75. In § 264.314, amend paragraph (e)(2) by revising the citation “§ 144.3 of this chapter” to read “ 40 CFR 270.2”; and by adding quotation marks around “underground source of drinking water”.
a. In paragraph (a)(1), revise “non-earthern” to read “non-earthen”; and replace the colon at the end of the paragraph with a semicolon;
b. In paragraph (a)(4)(i), revise both occurrences of “1x10 −7
” to read “1x10−7
”; and revise the citations “§ 264.572(a) instead of § 264.572(b)” to read “§ 264.572(b) instead of § 264.572(a)”;
c. In paragraph (a)(5), revise “perations” to read “operations”;
d. In paragraph (b) introductory text, revise the citations “§ 264.572(b) instead of § 264.572(a)” to read “§ 264.572(a) instead of § 264. 572(b)”;
e. In paragraph (m)(2) and in paragraph (m)(3) twice, revise “clean up” to read “cleanup”.
85. Amend § 264.1030(c) by revising “owner and operator receives” to read “owner and operator receive”; and revise “owner and operator is subject” to read “owner and operator are subject”.
a. In paragraph (b)(3)(iii), revise the citation “§ 264.193(d)(1)” to read “§ 264.193(e)(1)”;
b. In paragraph (c)(3) introductory text, revise “hazardous waste, must repair” to read “hazardous waste, the owner or operator must repair”;
c. In paragraph (c)(3)(i), revise “lead” to read “led”;
d. In paragraph (d) introductory text, revise “For containment buildings that contain areas both” to read “For a containment building that contains both areas”.
a. In paragraph (b)(5), revise “partial and final closure period” to read “partial and final closure periods”;
b. In paragraph (d)(4), in the next to last sentence, revise the citation “§§ with 265.111” to read “§§ 265.111”; revise “part, §§ 265.197” to read “part, and §§ 265.197”; and revise the citation “264.1102” to read “265.1102”.
a. Amend paragraph (a)(1)(i) in the next to last sentence by revising “or Regional Administrator if facilities” to read “or Regional Administrators if the facilities”.
b. Amend paragraph (b)(1) by adding paragraphs (i) and (ii) to read as follows:
(i) Each insurance policy must be amended by attachment of the Hazardous Waste Facility Liability Endorsement or evidenced by a Certificate of Liability Insurance. The wording of the endorsement must be identical to the wording specified in § 264.151(i). The wording of the certificate of insurance must be identical to the wording specified in § 264.151(j). The owner or operator must submit a signed duplicate original of the endorsement or the certificate of insurance to the Regional Administrator, or Regional Administrators if the facilities are located in more than one Region. If requested by a Regional Administrator, the owner or operator must provide a signed duplicate original of the insurance policy.
(ii) Each insurance policy must be issued by an insurer which, at a minimum, is licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more States.
118. In § 265.194, amend paragraphs (b)(1) and (b)(2) by inserting a period after “e.g” in both paragraphs, and in paragraph (b)(1), by revising “discount” to read “disconnect”.
a. In paragraph (a), revise “leachate collection and removal system above and between the liners” to read “leachate collection and removal system between the liners”;
b. In paragraph (d)(2)(i)(A), revise “in leaking?” to read “is leaking”; revise “soil it is not” to read “soil is not”; and revise “the owner of operator” to read “the owner or operator”;
c. In paragraph (d)(2)(i)(B), revise the citation “§ 144.3 of this chapter” to read “ 40 CFR 270.2”; and add quotation marks around “underground source of drinking water”.
a. In paragraph (a), revise “in accordance with § 264.301(d), (e), or (f)
( printed page 40276)
of this chapter” to read “in accordance with § 264.301(c), unless exempted under § 264.301(d), (e), or (f) of this chapter”;
b. In paragraph (d)(1), revise “such waste does not” to read “such wastes do not”; revise the citation “§ 261.4” to read “§ 261.24”; and revise “Hazardous Waste Number” to read “Hazardous Waste Numbers”;
c. In paragraph (d)(2)(i)(B), revise the citation “§ 144.3 of this chapter” to read “ 40 CFR 270.2”; and add quotation marks around “underground source of drinking water”.
a. In paragraph (e)(1)(ii), revise “polysobutylene” to read “polyisobutylene”;
b. In paragraph (f)(2), revise the citation “§ 144.3 of this chapter” to read “ 40 CFR 270.2”; and add quotation marks around “underground source of drinking water”.
a. In paragraph (b)(3)(i)(B), revise “trasmissivity” to read “transmissivity”;
b. In paragraph (b)(3)(iii), revise the citation “§ 265.193(d)(1)” to read “§ 265.193(e)(1)”;
c. In paragraph (c)(3) introductory text, revise “hazardous waste, must repair” to read “hazardous waste, the owner or operator must repair”;
d. In paragraph (d) introductory text, revise “For containment” to read “For a containment”.
149. Amend Appendix I to part 265 as follows:
a. In Table 1, add unit of measure codes for “Pounds,” “Short tons,” “Kilograms,” and “Tons” at the end of the table to read as set forth below;
b. In Table 2, Section 2.(d), revise “T75 Tricking filter” to read “T75 Trickling filter”;
c. In Table 2, Section 4., revise the heading “Miscellaneous (Subpart X)” to read “Miscellaneous”;
d. In Table, 2, Section 4., revise “X99 Other Subpart X (specify)” to read “X99 Other (specify)”.
Appendix I to Part 265—Recordkeeping Instructions
* * * * *
Table 1
Unit of measure
Code 1
* * * * *
Pounds
P
Short tons
T
Kilograms
K
Tons
M
1
Single digit symbols are used here for data processing purposes.
* * * * *
Appendix V to Part 265—[Amended]
150. In the table in Appendix V to Part 265, under the Group 1-A column, revise the phrase “Akaline caustic liquids” to read “Alkaline caustic liquids”; and revise “Lime sludge and other corrosive alkalines” to read “Lime sludge and other corrosive alkalies”.
Appendix VI to Part 265—[Amended]
151. Amend Appendix VI to part 265 as follows:
a. In the entry “Dichlorvos (DDVP)”, revise the CAS No. “62737” to read “62-73-7”;
b. In the entry “Ethylene thiourea (2-imidazolidinethione)” revise the CAS No. “9-64-” to read “96-45-7”;
c. In the entry “Neopentyl glycol (dimethylolpropane)” revise “dimethylolpropane” to read “dimethylpropane”;
d. In the entry “1,3-Propane sulfone”, revise “sulfone” to read “sultone”.
( printed page 40277)
PART 266—STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
152. The authority citation for part 266 continues to read as follows:
(i) Feed rate of total hazardous waste and (unless complying with the Tier I or adjusted Tier I metals feed rate screening limits under § 266.106(b) or (e)), pumpable hazardous waste;
* * * * *
(ix) For systems using wet scrubbers, including wet ionizing scrubbers (unless complying with the Tier I or Adjusted Tier I metals feed rate screening limits under § 266.106(b) or (e) and the total chlorine and chloride feed rate screening limits under § 266.107(b)(1) or (e)):
158-159. In § 266.106, amend paragraph (d)(1) by deleting the second appearance of the phrase “dispersion modeling to predict the maximum annual average off-site ground level concentration for each”.
a. In paragraph (a)(2)(ii), revise “constitutent” to read “constituent” in both instances;
b. In paragraph (b) introductory text in the paragraph heading, revise “ particular
” to read “
particulate
”.
Subpart N—Conditional Exemption for Low-Level Mixed Waste Storage, Treatment, Transportation and Disposal.
161. Amend Part 266 by revising the subpart heading to read as set forth above.
Appendix III to Part 266—[Amended]
162. Amend Part 266, Appendix III column headings by revising “C1 2
” to read “Cl2
” three times, and by revising “HC1” to read “HCl” three times (i.e., revise the “1” (one) to be a lower-case letter L in all six cases).
Appendix IV to Part 266—[Amended]
163. Amend Part 266, Appendix IV as follows:
a. Revise the entry “Maleic Anyhdride” to read “Maleic Anhydride”;
b. Revise the entry “2.4.5-Trichlorophenol” to read “2,4,5-Trichlorophenol”.
Appendix V to Part 266—[Amended]
164. Amend Part 266, Appendix V as follows:
a. Revise the third column heading “Unit risk (m3/μg)” to read “Unit risk (m 3
/μg)”;
b. Revise the fourth column heading “RsD (μg/m3)” to read “RsD (μg/m 3)”;
c. Revise the entry “Benxene” to read “Benzene”;
d. Revise the entry “Hexachlorodibenxo-p-dioxin (1,2 Mixture)” to read “Hexachlorodibenzo-p-dioxin (1,2 Mixture)”.
Appendix VI to Part 266—[Amended]
165. Amend Part 266, Appendix VI by revising the first column heading “Flow rate (m3/s)” to read “Flow rate (m 3
/s)”.
Appendix VIII to Part 266—[Amended]
166. Amend Part 266, Appendix VIII in the “Semivolatiles” column, by revising “Plychlorinated” to read “Polychlorinated”.
Appendix IX to Part 266—[Amended]
167. Amend Part 266, Appendix IX as follows:
a. In the Table of Contents at 4.0, revise “Estimating Toxicity Equipment or” to read “Estimating the Toxicity Equivalence of”;
b. In the Table of Contents at 9.2, revise “Cl,” to read “Cl 2
”;
c. In the Table of Contents at 10.4, revise “Overviev” to read “Overview”;
d. In Section 2.1.2.9, revise “The PA test” to read “The RA test”;
e. In Section 2.1.2.10, revise “determination of 0 2
” to read “determination of O2)”;
f. In Table 2.1-1 footnote 1, revise “of twice the permit limit” to read “or twice the permit limit”;
g. In Section 2.1.4.6, revise “the PA test” to read “the RA test”;
h. In Section 2.2.10, first sentence, revise “used In conjunction” to read “used in conjunction”;
i. In the section 4.0 title, revise “DIBENCO-“ to read “DIBENZO-”;
j. In Section 5.0 at Step 6, footnote 5 first sentence, remove the comma after the phrase “urban and rural areas”;
k. In Section 5.0 at Table 5.0-5, for distance 10.00, revise the Generic source #1 value “9.4” in the second column to read “29.4”;
l. In Section 5.0 at Step 7(B), second sentence, insert a closing parenthesis after “(identified in Step 7(A)” to read “(identified in Step 7(A))”;
m. In Section 5.0 at the Table in Step 10(D)1., replace the comma in column heading “>0,5−2.5” with a period to read “>0.5-2.5”;
n. In Section 5.0 at the Table below Table 5.0-6, revise the column heading
( printed page 40278)
“Ca
(μg/m3)” to read “Ca
(μg/m3)”; and revise “CA(>G/M3)
” to read “Ca
(μg/m3)”;
o. In Section 6.2, first paragraph second sentence, revise “Within These” to read “Within these”;
p. In Section 7.1, second paragraph second sentence, revise “Mulitple” to read “Multiple”;
q. In Section 7.2, at the last paragraph, revise “This, if” to read “Thus, if”;
r. In Section 8.0, second paragraph, revise “chorine” to read “chlorine”;
s. In Section 9.2, in the first sentence, revise the formula “Cl2” to read “Cl 2
”;
t. In Section 10.3, last sentence of next to last paragraph, replace the period in the phrase “To avoid this expense.” with a comma;
u. In Section 10.5(2), fourth bullet, in the sentence starting “Three of the first five tests”, replace the period in “hazardous wastes. and in” with a comma.
Appendix XIII to Part 266—[Amended]
168. Amend Part 266, Appendix XIII at item number 14 by revising “levels or mercury” to read “levels of mercury”.
PART 267—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES OPERATING UNDER A STANDARDIZED PERMIT
169. The authority citation for part 267 continues to read as follows:
170. In § 267.147, amend paragraph (f)(2)(i)(A) by revising “test for facilities regulated under § 267 and also § 264 or § 265” to read “test for facilities regulated under part 267 and also part 264 or part 265”.
PART 268—LAND DISPOSAL RESTRICTIONS
171. The authority citation for part 268 continues to read as follows:
172. In § 268.2, amend paragraph (g) by revising “A manufactured” to read “a manufactured”; “Any material” to read “any material”; “Process residuals” to read “process residuals”; and “and Intact” to read “and intact”.
174. In § 268.6, amend paragraph (c)(5) introductory text by revising “section meet” to read “section meets”.
175. Amend § 268.7 as follows:
a. In paragraph (a)(1), insert a closing parenthesis at the end of the sentence that starts “(Alternatively, the generator” and in the second to last sentence, revise “solids contaminated” to read “soils contaminated”;
b. In paragraph (a)(3)(ii), second sentence, insert the word “column” after the phrase “information in”, and insert a closing quotation mark after the citation “268.7(a)(3)”;
c. In paragraph (a)(4), at entry 8 of the Table, amend “[is subject to/complies with” by inserting a closing bracket (“]”) at the end of the phrase;
d. In paragraph (b)(3)(ii) at entry 5 of the Table, insert a closing quotation mark after the citation “268.49(c)”;
e. In paragraph (b)(4)(ii), revise the citation “§ 261.3(e)” to read “§ 261.3(f)”;
f. In paragraph (c)(2), remove the closing parenthesis from “Leaching Procedure)”;
g. In paragraph (d) introductory text, revise the citation “§ 261.3(e)” to read “§ 261.3(f)”;
h. Revise paragraph (d)(1) to read as set forth below;
i. In paragraph (d)(2), revise the citation “§ 261.2(e)(1)” to read “§ 261.3 (f)(1)”;
j. In paragraph (d)(3), revise the citation “§ 261.3(e)(1)” to read “§ 261.3 (f)(1)”.
Testing, tracking, and recordkeeping requirements for generators, treaters, and disposal facilities.
* * * * *
(d) * * *
(1) A one-time notification, including the following information, must be submitted to the EPA Regional hazardous waste management division director (or his designated representative) or State authorized to implement part 268 requirements:
(i) The name and address of the Subtitle D facility receiving the treated debris;
(ii) A description of the hazardous debris as initially generated, including the applicable EPA Hazardous Waste Number(s); and
(iii) For debris excluded under § 261.3(f)(1) of this chapter, the technology from Table 1, § 268.45, used to treat the debris.
a. In paragraph (g), revise “as definded” to read “as defined”.
b. Amend the table TREATMENT STANDARDS FOR HAZARDOUS WASTES as follows:
1. At the column heading “Wastewaters”, revise “Concentration in mg/L 3
” to read “Concentration 3
in mg/L”;
2. At the column heading “Nonwastewaters”, revise “Concentration in mg/kg 5
” to read “Concentration5
in mg/kg”;
3. At the entry “K047”, in the waste description column, revise “water form TNT” to read “water from TNT”;
4. At the entries “K049” and “K051”, revise the CAS number for “Chrysene” from “2218-01-9” to read “218-01-9”;
5. At the entry “K088”, revise the common name “Bemz(a)anthracene” to read “Benz(a)anthracene”; and revise the common name “Indeno(1,2,3,-c,d)pyrene” to read “Indeno(1,2,3-cd)pyrene”;
6. At the entry “K111”, revise the CAS number for “2,4-Dinitrotoluene” from “121-1-2” to read “121-14-2”;
7. At the entry “K114”, in the waste description column, revise the common name “dinitrotolune” to read “dinitrotoluene”;
8. At the entry “K156”, revise the CAS number for “Acetophenone” from “96-86-2” to read “98-86-2”; and revise the CAS number for “Triethylamine” from “101-44-8” to read “121-44-8”;
9. At the entry “U202” “Acetone” following “U001”, revise “U202” to read “U002”;
10. At the entry “U134”, revise the CAS number “16984-48-8” to read “7664-39-3”;
11. At the entry “U137”, revise in the waste description and in the common name columns “Indeno(1,2,3-c,d)pyrene” to read “Indeno(1,2,3-cd)pyrene” in both instances.
179. In § 268.42, Table 1, amend the entry for Technology code “SSTRP” in the second column as follows:
a. In the first sentence, revise “as well as, temperature and pressure ranges have” to read “as well as temperature and pressure ranges, have”;
b. In the second sentence, insert a comma after the phrase “parameters of the unit”; remove the comma in the phrase “such as, the number”; and replace the period at the end of “the internal column design.” with a comma;
c. In the third sentence, revise “Thus, resulting” to read “thus resulting”.
180. In § 268.44, amend paragraph (c), last sentence of the certification statement, by revising “I am aware that these are” to read “I am aware that there are”.
182. Amend § 268.48 Table, UNIVERSAL TREATMENT STANDARDS, as follows:
a. At the column heading “Wastewater standard”, revise “Concentration in mg/l 2
” to read “Concentration2
in mg/l”;
b. At the column heading “Nonwastewater standard”, revise “Concentration in mg/kg 3
” to read “Concentration3
in mg/kg”.
c. At entry “1,2,3,4,6,7,8-Heptachlorodibenzofluran (1,2,3,4,6,7,8-HpCDF)” revise CAS number “67562-39-5” to read “67562-39-4”;
d. Revise the next entry “1,2,3,4,6,7,8-Heptachlorodibenzofluran (1,2,3,4,7,8,9-HpCDF)” (CAS number 55673-89-7) to read “1,2,3,4,7,8,9-Heptachlorodibenzofluran (1,2,3,4,7,8,9-HpCDF)”.
194. In § 270.18, amend paragraph (b) by revising the citation “§ 264.90(2)” to read “§ 264.90(b)(2)”; and amend paragraph (g) by revising “place” to read “placed”.
a. In Table 1, at promulgation date of April 8, 1996, second column, revise “Wastesaters,” to read “Wastewaters,”; and at promulgation date of July 15, 2002, second column, revise “Fertlizers” to read “Fertilizers”;
b. In Table 2, at the fourteenth item under effective date of Nov. 8, 1984, second column, revise “envirorment” to read “environment”; and at effective date of Sept. 1, 1985, second column, revise “mininization” to read “minimization”.
217. In § 279.10, amend paragraph (b)(2) introductory text by revising “solely exhibits” to read “solely exhibit”; and by revising “hazardous waste characteristic” to read “hazardous waste characteristics”.
a. In the first sentence, delete “in the specification”; and in the second sentence, revise “not to exceed any specification” to read “not to exceed any allowable level”;
b. In Table 1, revise the title of the table to read “TABLE 1—USED OIL NOT EXCEEDING ANY ALLOWABLE LEVEL SHOWN BELOW IS NOT SUBJECT TO THIS PART WHEN BURNED FOR ENERGY RECOVERY 1
”, and in the first footnote, revise “The specification does not” to read “The allowable levels do not”.
a. In paragraphs (a) and (b), revise “processors and re-refiners” to read “processing and re-refining” in both instances;
b. In paragraph (b)(1)(ii), revise “release or used oil” to read “release of used oil”;
c. In paragraph (b)(6)(ii), revise “a real extent” to read “areal extent”; revise “facility records of manifests” to read “facility records or manifests”; and revise “analysts” to read “analyses”;
d. In paragraph (b)(6)(iii), revise “from water of chemical” to read “from water or chemical”.