[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Proposed Rules]
[Pages 53836-53837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14730]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 260, 261, 262, 264, 265, 266, 270, 271 and 441

[EPA-HQ-OLEM-2023-0081]; FRL 8687-01-OLEM
RIN 2050-AH23


Hazardous Waste Generator Improvements Rule, the Hazardous Waste 
Pharmaceuticals Rule, and the Definition of Solid Waste Rule; Technical 
Corrections

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to make 
technical corrections that correct or clarify several parts of the 
Resource Conservation and Recovery Act (RCRA) hazardous waste 
regulations. These technical corrections correct or clarify specific 
provisions in the existing hazardous waste regulations that were 
promulgated in the Hazardous Waste Generator Improvements rule, the 
Hazardous Waste Pharmaceuticals rule, and the Definition of Solid Waste 
rule. This rule also makes other minor corrections that fall within the 
same sections of the hazardous waste regulations but are independent of 
these three rules. Examples of the types of corrections being made in 
this rule include, but are not limited to, correcting typographical 
errors, correcting incorrect or outdated citations, making minor 
clarifications, and updating addresses. In the ``Rules and 
Regulations'' section of this Federal Register, we are making these 
technical corrections as a direct final rule without a prior proposed 
rule because we view this as a noncontroversial action and anticipate 
no adverse comment. In the preamble to the direct final rule, we have 
explained our reasons for taking this action without a prior proposed 
rule. If we receive no adverse comment, we will not take further action 
on this proposed rule.

DATES: Written comments must be received by October 10, 2023.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OLEM-2023-0081, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov 
(our preferred method). Follow the online instructions for submitting 
comments.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, Office of Resource Conservation and Recovery Docket, Mail Code 
28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.
     Hand Delivery or Courier: EPA Docket Center, WJC West 
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. 
The Docket Center's hours of operations are 8:30 a.m.-4:30 p.m., 
Monday-Friday (except Federal Holidays).
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received may be posted without change 
to https://www.regulations.gov, including any personal information 
provided. For detailed instructions on sending comments and additional 
information on the rulemaking process, see the ``Public Participation'' 
heading of the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Brian Knieser, U.S. Environmental 
Protection Agency, Office of Resource Conservation and Recovery, (MC: 
5304T), 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 566-
0516, ([email protected]) or Kathy Lett, U.S. Environmental 
Protection Agency, Office of Resource Conservation and Recovery, (MC: 
5304T), 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 566-
0517, ([email protected]).

SUPPLEMENTARY INFORMATION:

I. Why is the EPA issuing this proposed rule?

    This document proposes to make technical corrections that correct 
or clarify several parts of the Resource Conservation and Recovery Act 
(RCRA) hazardous waste regulations. These technical corrections correct 
or clarify specific provisions in the existing hazardous waste 
regulations that were promulgated in the Hazardous Waste Generator 
Improvements rule, the Hazardous Waste Pharmaceuticals rule, and the 
Definition of Solid Waste rule. This rule also makes other minor 
corrections that fall within the same sections of the hazardous waste 
regulations but are independent of these three rules. We have published 
a direct final rule to codify these technical corrections and 
clarifications in the ``Rules and Regulations'' section of this Federal 
Register because we view this as a noncontroversial action and 
anticipate no adverse comment. We have explained our reasons for this 
action in the preamble to the direct final rule.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. If we receive adverse

[[Page 53837]]

comment on any individual correction, we will publish a timely 
withdrawal in the Federal Register informing the public about the 
specific regulatory paragraph or amendment that will not take effect. 
The corrections that are not withdrawn will become effective on the 
date set out in the direct final rule. We would address all public 
comments in any subsequent final rule based on comments and new 
information submitted in response to the proposed rule.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information provided in the 
ADDRESSES section of this document

II. Public Participation

Written Comments

    Submit your comments, identified by Docket ID No. EPA-HQ-OLEM-2023-
0081, at https://www.regulations.gov (our preferred method), or the 
other methods identified in the ADDRESSES section. Once submitted, 
comments cannot be edited or removed from the docket. The EPA may 
publish any comment received to its public docket. Do not submit to 
EPA's docket at https://www.regulations.gov any information you 
consider to be Confidential Business Information (CBI), Proprietary 
Business Information (PBI), or other information whose disclosure is 
restricted by statute. Multimedia submissions (audio, video, etc.) must 
be accompanied by a written comment. The written comment is considered 
the official comment and should include discussion of all points you 
wish to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e., on the web, 
cloud, or other file sharing system). Please visit https://www.epa.gov/dockets/commenting-epa-dockets for additional submission methods; the 
full EPA public comment policy; information about CBI, PBI, or 
multimedia submissions; and general guidance on making effective 
comments.

III. General Information

Does this action apply to me?

    Entities potentially affected by this action include hazardous 
waste generators, treatment, storage, and disposal facilities, 
healthcare facilities, reverse distributors, importers/exporters of 
hazardous waste, and users of the transfer-based exclusion to the 
definition of solid waste. Also affected are States and EPA Regions 
implementing the RCRA hazardous waste regulations.

IV. Statutory and Executive Orders Reviews

    For a complete discussion of all the administrative requirements 
applicable to this action, see the direct final rule in the Rules and 
Regulations section of this Federal Register.

List of Subjects

40 CFR Part 260

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Confidential business information, Hazardous 
waste, Intergovernmental relations, Licensing and registration, 
Reporting and recordkeeping requirements.

40 CFR Part 261

    Environmental protection, Hazardous waste, Recycling, Reporting and 
recordkeeping requirements.

40 CFR Part 262

    Environmental protection, Exports, Hazardous materials 
transportation, Hazardous waste, Imports, Labeling, Packaging and 
containers, Reporting and recordkeeping requirements.

40 CFR Part 264

    Environmental protection, Air pollution control, Hazardous waste, 
Insurance, Packaging and containers, Reporting and recordkeeping 
requirements, Security measures, Surety bonds.

40 CFR Part 265

    Environmental protection, Air pollution control, Hazardous waste, 
Insurance, Packaging and containers, Reporting and recordkeeping 
requirements, Security measures, Surety bonds, Water supply.

40 CFR Part 266

    Environmental protection, Energy, Hazardous waste, Recycling, 
Reporting and recordkeeping requirements.

40 CFR Part 270

    Environmental protection, 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

    Environmental protection, 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.

40 CFR Part 441

    Environmental protection, Health facilities, Mercury, Waste 
treatment and disposal, Water pollution control.

Michael S. Regan,
Administrator.
[FR Doc. 2023-14730 Filed 8-8-23; 8:45 am]
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