[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]



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Part II





Environmental Protection Agency





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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  

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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.

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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)


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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

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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

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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
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                       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