[Federal Register Volume 80, Number 152 (Friday, August 7, 2015)]
[Notices]
[Page 47504]
[FR Doc No: 2015-19488]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4228-DR; Docket ID FEMA-2015-0002]

Louisiana; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Louisiana (FEMA-4228-DR), dated July 13, 2015, and
related determinations.

DATES: Effective Date: July 21, 2015.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Louisiana is hereby amended to include the following
area among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of July 13, 2015.

    Rapides Parish for Public Assistance.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2015-19488 Filed 8-6-15; 8:45 am]
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(5) Response to ground-water contamination incidents; and
    (6) Shutdown of operations.
    (D) For facility employees that receive emergency response training
pursuant to Occupational Safety and Health Administration regulations
29 CFR 1910.120(p)(8) and 1910.120(q), the large quantity generator is
not required to provide separate emergency response training pursuant
to this section, provided that the overall facility training meets all
the conditions of exemption in this section.
    (ii) Facility personnel must successfully complete the program
required in paragraph (a)(7)(i) of this section within six months after
the date of their employment or assignment to the facility, or to a new
position at the facility, whichever is later. Employees must not work
in unsupervised positions until they have completed the training
standards of paragraph (a)(7)(i) of this section.
    (iii) Facility personnel must take part in an annual review of the
initial training required in paragraph (a)(7)(i) of this section.
    (iv) The large quantity generator must maintain the following
documents and records at the facility:
    (A) The job title for each position at the facility related to
hazardous waste management, and the name of the employee filling each
job;
    (B) A written job description for each position listed under
paragraph (a)(7)(iv)(A) of this section. This description may be
consistent in its degree of specificity with descriptions for other
similar positions in the same company location or bargaining unit, but
must include the requisite skill, education, or other qualifications,
and duties of facility personnel assigned to each position;
    (C) A written description of the type and amount of both
introductory and continuing training that will be given to each person
filling a position listed under paragraph (a)(7)(iv)(A) of this
section;
    (D) Records that document that the training or job experience,
required under paragraphs (a)(7)(i), (ii), and (iii) of this section,
has been given to, and completed by, facility personnel.
    (v) Training records on current personnel must be kept until
closure of the facility. Training records on former employees must be
kept for at least three years from the date the employee last worked at
the facility. Personnel training records may accompany personnel
transferred within the same company.
    (8) Closure. A large quantity generator accumulating hazardous
wastes in containers, tanks, drip pads, and containment buildings,
prior to closing a unit at the facility, or prior to closing the
facility, must meet the following conditions:
    (i) Notification for closure of a waste accumulation unit. A large
quantity generator must perform one of the following when closing a
waste accumulation unit:
    (A) Place a notice in the operating record within 30 days after
closure identifying the location of the unit within the facility; or
    (B) Meet the closure performance standards of paragraph (a)(8)(iii)
of this section for container, tank, and containment building waste
accumulation units or paragraph (a)(8)(iv) of this section for drip
pads and notify EPA following the procedures in paragraph (a)(8)(ii)(B)
of this section for the waste accumulation unit. If the waste
accumulation unit is subsequently reopened, the generator may remove
the notice from the operating record.
    (ii) Notification for closure of the facility. (A) Notify EPA using
form 8700-12 no later than 30 days prior to closing the facility.
    (B) Notify EPA using form 8700-12 within 90 days after closing the
facility that it has complied with the closure performance standards of
paragraph (a)(8)(iii) or (iv) of this section. If the facility cannot
meet the closure performance standards of paragraph (a)(8)(iii) or (iv)
of this section, notify EPA using form 8700-12 that it will close as a
landfill under Sec.  265.310 of this chapter in the case of a
container, tank or containment building unit(s), or for a facility with
drip pads, notify using form 8700-12 that it will close under the
standards of Sec.  265.445(b).
    (C) A large quantity generator may request additional time to clean
close, but it must notify EPA using form 8700-12 within 75 days after
the date provided in paragraph (a)(8)(ii)(A) of this section to request
an extension and provide an explanation as to why the additional time
is required.
    (iii) Closure performance standards for container, tank systems,
and containment building waste accumulation units. (A) At closure, the
generator must close the waste accumulation unit or facility in a
manner that:
    (1) Minimizes the need for further maintenance by controlling,
minimizing, or eliminating, to the extent necessary to protect human
health and the environment, the post-closure escape of hazardous waste,
hazardous constituents, leachate, contaminated run-off, or hazardous
waste decomposition products to the ground or surface waters or to the
atmosphere,
    (2) Removes or decontaminates all contaminated equipment,
structures and soil and any remaining hazardous waste residues from
waste accumulation units including containment system components (pads,
liners, etc.), contaminated soils and subsoils, bases, and structures
and equipment contaminated with waste, unless Sec.  261.3(d) of this
chapter applies.
    (3) Any hazardous waste generated in the process of closing either
the generator's facility or unit(s) accumulating hazardous waste must
be managed in accordance with all applicable standards of parts 262,
263, 265 and 268 of this chapter, including removing any hazardous
waste contained in these units within 90 days of generating it and
managing these wastes in a RCRA Subtitle C hazardous waste permitted
treatment, storage and disposal facility or interim status facility.
    (4) If the generator demonstrates that any contaminated soils and
wastes cannot be practicably removed or

decontaminated as required in paragraph (a)(8)(ii)(A)(2) of this
section, then the waste accumulation unit is considered to be a
landfill and the generator must close the waste accumulation unit and
perform post-closure care in accordance with the closure and post-
closure care requirements that apply to landfills (Sec.  265.310 of
this chapter). In addition, for the purposes of closure, post-closure,
and financial responsibility, such a waste accumulation unit is then
considered to be a landfill, and the generator must meet all of the
requirements for landfills specified in subparts G and H of part 265 of
this chapter.
    (iv) Closure performance standards for drip pad waste accumulation
units. At closure, the generator must comply with the closure
requirements of paragraphs (a)(8)(ii) and (a)(8)(iii)(A)(1) and (3) of
this section, and Sec.  265.445(a) and (b) of this chapter.
    (v) The closure requirements of paragraph (a)(8) of this section do
not apply to satellite accumulation areas.
    (9) Land disposal restrictions. The large quantity generator
complies with all applicable requirements under 40 CFR part 268.
    (b) Accumulation time limit extension. A large quantity generator
who accumulates hazardous waste for more than 90 days is subject to the
requirements of 40 CFR parts 124, 264 through 268, and part 270 of this
chapter, and the notification requirements of section 3010 of RCRA,
unless it has been granted an extension to the 90-day period. Such
extension may be granted by EPA if hazardous wastes must remain on site
for longer than 90 days due to unforeseen, temporary, and
uncontrollable circumstances. An extension of up to 30 days may be
granted at the discretion of the Regional Administrator on a case-by-
case basis.
    (c) Accumulation of F006. A large quantity generator who also
generates wastewater treatment sludges from electroplating operations
that meet the listing description for the EPA hazardous waste number
F006, may accumulate F006 waste on site for more than 90 days, but not
more than 180 days without being subject to parts 124, 264 through 267
and 270 of this chapter, and the notification requirements of section
3010 of RCRA, provided that it complies with all of the following
additional conditions for exemption:
    (1) The large quantity generator has implemented pollution
prevention practices that reduce the amount of any hazardous
substances, pollutants, or contaminants entering F006 or otherwise
released to the environment prior to its recycling;
    (2) The F006 waste is legitimately recycled through metals
recovery;
    (3) No more than 20,000 kilograms of F006 waste is accumulated on
site at any one time; and
    (4) The F006 waste is managed in accordance with the following:
    (i)(A) If the F006 waste is placed in containers, the large
quantity generator must comply with the applicable conditions for
exemption in paragraph (a)(1) of this section; and/or
    (B) If the F006 is placed in tanks, the large quantity generator
must comply with the applicable conditions for exemption of paragraph
(a)(2) of this section; and/or
    (C) If the F006 is placed in containment buildings, the large
quantity generator must comply with subpart DD of 40 CFR part 265, and
has placed its professional engineer certification that the building
complies with the design standards specified in 40 CFR 265.1101 in the
facility's files prior to operation of the unit. The large quantity
generator must maintain the following records:
    (1) A written description of procedures to ensure that the F006
waste remains in the unit for no more than 180 days, a written
description of the waste generation and management practices for the
facility showing that they are consistent with the 180-day limit, and
documentation that the large quantity generator is complying with the
procedures; or
    (2) Documentation that the unit is emptied at least once every 180
days.
    (ii) The large quantity generator is exempt from all the
requirements in subparts G and H of 40 CFR part 265, except for those
referenced in paragraph (a)(8) of this section.
    (iii) The date upon which each period of accumulation begins is
clearly marked and must be clearly visible for inspection on each
container;
    (iv) While being accumulated on site, each container and tank is
labeled or marked clearly with:
    (A) The words ``Hazardous Waste''; and
    (B) An indication of the hazards of the contents (examples include,
but are not limited to, the applicable hazardous waste
characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard
communication consistent with the Department of Transportation
requirements at 49 CFR part 172 subpart E (labeling) or subpart F
(placarding); a hazard statement or pictogram consistent with the
Occupational Safety and Health Administration Hazard Communication
Standard at 29 CFR 1910.1200; or a chemical hazard label consistent
with the National Fire Protection Association code 704).
    (v) The large quantity generator complies with the requirements in
paragraphs(a)(6) and (7) of this section.
    (d) F006 transported over 200 miles. A large quantity generator who
also generates wastewater treatment sludges from electroplating
operations that meet the listing description for the EPA hazardous
waste number F006, and who must transport this waste, or offer this
waste for transportation, over a distance of 200 miles or more for off-
site metals recovery, may accumulate F006 waste on site for more than
90 days, but not more than 270 days without being subject to parts 124,
264 through 267, 270, and the notification requirements of section 3010
of RCRA, if the large quantity generator complies with all of the
conditions for exemption of paragraphs (c)(1) through (4) of this
section.
    (e) F006 accumulation time extension. A large quantity generator
accumulating F006 in accordance with paragraphs (c) and (d) of this
section who accumulates F006 waste on site for more than 180 days (or
for more than 270 days if the generator must transport this waste, or
offer this waste for transportation, over a distance of 200 miles or
more), or who accumulates more than 20,000 kilograms of F006 waste on
site is an operator of a storage facility and is subject to the
requirements of 40 CFR parts 124, 264, 265, 267, and 270 of this
chapter, and the notification requirements of section 3010 of RCRA,
unless the generator has been granted an extension to the 180-day (or
270-day if applicable) period or an exception to the 20,000 kilogram
accumulation limit. Such extensions and exceptions may be granted by
EPA if F006 waste must remain on site for longer than 180 days (or 270
days if applicable) or if more than 20,000 kilograms of F006 waste must
remain on site due to unforeseen, temporary, and uncontrollable
circumstances. An extension of up to 30 days or an exception to the
accumulation limit may be granted at the discretion of the Regional
Administrator on a case-by-case basis.
    (f) Consolidation of hazardous waste received from very small
quantity generators. Large quantity generators may accumulate on site
hazardous waste received from very small quantity generators under
control of the same person (as defined in Sec.  260.10 of this
chapter), without a storage permit or interim status and without
complying with the requirements of parts 124, 264 through 268, and 270
of this chapter, and the notification requirements of

section 3010 of RCRA, provided that they comply with the following
conditions. ``Control,'' for the purposes of this section, means the
power to direct the policies of the generator, whether by the ownership
of stock, voting rights, or otherwise, except that contractors who
operate generator facilities on behalf of a different person shall not
be deemed to ``control'' such generators.
    (1) The large quantity generator notifies EPA at least thirty (30)
days prior to receiving the first shipment from a very small quantity
generator(s) using EPA Form 8700-12; and
    (i) Identifies on the form the name(s) and site address(es) for the
very small quantity generator(s) as well as the name and business
telephone number for a contact person for the very small quantity
generator(s); and
    (ii) Submits an updated Site ID form (EPA Form 8700-12) within 30
days after a change in the name or site address for the very small
quantity generator.
    (2) The large quantity generator maintains records of shipments for
three years from the date the hazardous waste was received from the
very small quantity generator. These records must identify the name,
site address, and contact information for the very small quantity
generator and include a description of the hazardous waste received,
including the quantity and the date the waste was received.
    (3) The large quantity generator complies with the independent
requirements identified in Sec.  262.10(a)(1)(iii) and the conditions
for exemption in this section for all hazardous waste received from a
very small quantity generator. For purposes of the labeling and marking
regulations in paragraph (a)(5) of this section, the large quantity
generator must label the container or unit with the date accumulation
started (i.e., the date the hazardous waste was received from the very
small quantity generator). If the large quantity generator is
consolidating incoming hazardous waste from a very small quantity
generator with either its own hazardous waste or with hazardous waste
from other very small quantity generators, the large quantity generator
must label each container or unit with the earliest date any hazardous
waste in the container was accumulated on site.
    (g) Rejected load. A large quantity generator who sends a shipment
of hazardous waste to a designated facility with the understanding that
the designated facility can accept and manage the waste and later
receives that shipment back as a rejected load or residue in accordance
with the manifest discrepancy provisions of Sec.  264.72 or Sec.
265.72 of this chapter may accumulate the returned waste on site in
accordance with paragraphs (a) and (b) of this section. Upon receipt of
the returned shipment, the generator must:
    (1) Sign Item 18c of the manifest, if the transporter returned the
shipment using the original manifest; or
    (2) Sign Item 20 of the manifest, if the transporter returned the
shipment using a new manifest.

Sec.  262.18  EPA identification numbers and re-notification for small
quantity generators and large quantity generators.

    (a) A generator must not treat, store, dispose of, transport, or
offer for transportation, hazardous waste without having received an
EPA identification number from the Administrator.
    (b) A generator who has not received an EPA identification number
must obtain one by applying to the Administrator using EPA Form 8700-
12. Upon receiving the request the Administrator will assign an EPA
identification number to the generator.
    (c) A generator must not offer its hazardous waste to transporters
or to treatment, storage, or disposal facilities that have not received
an EPA identification number.
    (d) Re-notification. (1) A small quantity generator must re-notify
EPA starting in 2021 and every four years thereafter using EPA Form
8700-12. This re-notification must be submitted by September 1st of
each year in which re-notifications are required.
    (2) A large quantity generator must re-notify EPA by March 1 of
each even-numbered year thereafter using EPA Form 8700-12. A large
quantity generator may submit this re-notification as part of its
Biennial Report required under Sec.  262.41.
    (e) A recognized trader must not arrange for import or export of
hazardous waste without having received an EPA identification number
from the Administrator.

0
28. Revise the heading for subpart B to read as follows:

Subpart B--Manifest Requirements Applicable to Small and Large
Quantity Generators

0
29. Revise the heading for subpart C to read as follows:

Subpart C--Pre-Transport Requirements Applicable to Small and Large
Quantity Generators

0
30. Section 262.32 is amended by revising paragraph (b) and adding
paragraphs (c) and (d) to read as follows:

Sec.  262.32  Marking.

* * * * *
    (b) Before transporting hazardous waste or offering hazardous waste
for transportation off site, a generator must mark each container of
119 gallons or less used in such transportation with the following
words and information in accordance with the requirements of 49 CFR
172.304:
    (1) HAZARDOUS WASTE--Federal Law Prohibits Improper Disposal. If
found, contact the nearest police or public safety authority or the
U.S. Environmental Protection Agency.
    (2) Generator's Name and Address ____.
    (3) Generator's EPA Identification Number ____.
    (4) Manifest Tracking Number ____.
    (5) EPA Hazardous Waste Number(s) ____.
    (c) A generator may use a nationally recognized electronic system,
such as bar coding, to identify the EPA Hazardous Waste Number(s), as
required by paragraph (b)(5) or paragraph (d).
    (d) Lab packs that will be incinerated in compliance with Sec.
268.42(c) are not required to be marked with EPA Hazardous Waste
Number(s), except D004, D005, D006, D007, D008, D010, and D011, where
applicable.

Sec.  262.34  [Removed and reserved]

0
31. Remove and reserve Sec.  262.34.

0
32. Add Sec.  262.35 to subpart C read as follows:

Sec.  262.35  Liquids in landfills prohibition.

    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. Prior to disposal in a
hazardous waste landfill, liquids must meet additional requirements as
specified in Sec. Sec.  264.314 and 265.314.

0
33. Revise the heading for subpart D to read as follows:

Subpart D--Recordkeeping and Reporting Applicable to Small and
Large Quantity Generators

0
34. Section 262.40 is amended by revising paragraph (c) to read as
follows:

Sec.  262.40  Recordkeeping.

* * * * *
    (c) See Sec.  262.11(f) for recordkeeping requirements for
documenting hazardous waste determinations.
* * * * *

0
35. Section 262.41 is revised to read as follows:

Sec.  262.41  Biennial report for large quantity generators.

    (a) A generator who is a large quantity generator for at least one
month of an odd-numbered year (reporting year) who ships any hazardous
waste off-site to a treatment, storage or disposal facility within the
United States must complete and submit EPA Form 8700-13 A/B to the
Regional Administrator by March 1 of the following even-numbered year
and must cover generator activities during the previous year.
    (b) Any generator who is a large quantity generator for at least
one month of an odd-numbered year (reporting year) who treats, stores,
or disposes of hazardous waste on site must complete and submit EPA
Form 8700-13 A/B to the Regional Administrator by March 1 of the
following even-numbered year covering those wastes in accordance with
the provisions of 40 CFR parts 264, 265, 266, 267 and 270. This
requirement also applies to large quantity generators that receive
hazardous waste from very small quantity generators pursuant to Sec.
262.17(f).
    (c) Exports of hazardous waste to foreign countries are not
required to be reported on the Biennial Report form. A separate annual
report requirement is set forth at Sec.  262.83(g) for hazardous waste
exporters.

0
36. Section 262.43 is revised to read as follows:

Sec.  262.43  Additional reporting.

    The Administrator, as deemed necessary under sections 2002(a) and
3002(a)(6) of the Act, may require generators to furnish additional
reports concerning the quantities and disposition of wastes identified
or listed in 40 CFR part 261.

0
37. Section 262.44 is amended by revising the section heading and the
introductory text to read as follows:

Sec.  262.44  Recordkeeping for small quantity generators.

    A small quantity generator is subject only to the following
independent requirements in this subpart:
* * * * *

Subparts I and J [Removed and Reserved]

0
38. Remove and reserve subparts I and J.

Subpart K--Alternative Requirements for Hazardous Waste
Determination and Accumulation of Unwanted Material for
Laboratories Owned by Eligible Academic Entities

0
39. Section 262.200 is amended by removing the definition of ``Central
accumulation area'' and revising the definition of ``Trained
professional'' to read as follows:

Sec.  262.200  Definitions for this subpart.

* * * * *
    Trained professional means a person who has completed the
applicable RCRA training requirements of Sec.  262.17 for large
quantity generators, or is knowledgeable about normal operations and
emergencies in accordance with Sec.  262.16 for small quantity
generators and very small quantity generators. A trained professional
may be an employee of the eligible academic entity or may be a
contractor or vendor who meets the requisite training requirements.
* * * * *

0
40. Section 262.201 is revised to read as follows:

Sec.  262.201  Applicability of this subpart.

    (a) Large quantity generators and small quantity generators. This
subpart provides alternative requirements to the requirements in
Sec. Sec.  262.11 and 262.15 for the hazardous waste determination and
accumulation of hazardous waste in laboratories owned by eligible
academic entities that choose to be subject to this subpart, provided
that they complete the notification requirements of Sec.  262.203.
    (b) Very small quantity generators. This subpart provides
alternative requirements to the conditional exemption in Sec.  262.14
for the accumulation of hazardous waste in laboratories owned by
eligible academic entities that choose to be subject to this subpart,
provided that they complete the notification requirements of Sec.
262.203.
0
41. Section 262.202 is revised to read as follows:

Sec.  262.202  This subpart is optional.

    (a) Large quantity generators and small quantity generators.
Eligible academic entities have the option of complying with this
subpart with respect to its laboratories, as an alternative to
complying with the requirements of Sec. Sec.  262.11 and 262.15.
    (b) Very small quantity generators. Eligible academic entities have
the option of complying with this subpart with respect to laboratories,
as an alternative to complying with the conditional exemption of Sec.
262.14.

0
42. Section 262.203 is amended by revising paragraphs (a) and (b)(2) to
read as follows:

Sec.  262.203  How an eligible academic entity indicates it will be
subject to the requirements of this subpart.

    (a) An eligible academic entity must notify the appropriate EPA
Regional Administrator in writing, using the RCRA Subtitle C Site
Identification Form (EPA Form 8700-12), that it is electing to be
subject to the requirements of this subpart for all the laboratories
owned by the eligible academic entity under the same EPA identification
number. An eligible academic entity that is a very small quantity
generator and does not have an EPA identification number must notify
that it is electing to be subject to the requirements of this subpart
for all the laboratories owned by the eligible academic entity that are
on site, as defined by Sec.  260.10 of this chapter. An eligible
academic entity must submit a separate notification (Site
Identification Form) for each EPA identification number (or site, for
very small quantity generators) that is electing to be subject to the
requirements of this subpart, and must submit the Site Identification
Form before it begins operating under this subpart.
    (b) * * *
    (2) Site EPA identification number (except for very small quantity
generators).
* * * * *

0
43. Section 262.204 is amended by revising paragraph (a) to read as
follows:

Sec.  262.204  How an eligible academic entity indicates it will
withdraw from the requirements of this subpart.

    (a) An eligible academic entity must notify the appropriate EPA
Regional Administrator in writing, using the RCRA Subtitle C Site
Identification Form (EPA Form 8700-12), that it is electing to no
longer be subject to the requirements of this subpart for all the
laboratories owned by the eligible academic entity under the same EPA
identification number and that it will comply with the requirements of
Sec. Sec.  262.11 and 262.15 for small quantity generators and large
quantity generators. An eligible academic entity that is a very small
quantity generator and does not have an EPA identification number must
notify that it is withdrawing from the requirements of this subpart for
all the laboratories owned by the eligible academic entity that are on
site and that it will comply with the conditional exemption in Sec.
262.14. An eligible academic entity must submit a separate notification
(Site Identification Form) for each EPA identification number (or site,
for very small quantity generators) that is withdrawing from the
requirements of this subpart and must

submit the Site Identification Form before it begins operating under
the standards in Sec. Sec.  262.11 and 262.15 for small quantity
generators and large quantity generators or Sec.  262.14 for very small
quantity generators.
* * * * *

Sec.  262.206  [Amended]

0
44. Amend Sec.  262.206 in paragraph (b)(3)(iii) by removing the period
at the end of the sentence and adding a colon in its place.

0
45. Section 262.207 is amended by revising paragraph (d)(2) to read as
follows:

Sec.  262.207  Training.

* * * * *
    (d) * * *
    (2) Make the hazardous waste determination, pursuant to Sec.
262.11(a) through (d), for unwanted material.

0
46. Section 262.208 is amended by revising paragraphs (a)(1) and (2),
and (d)(2) to read as follows:

Sec.  262.208  Removing containers of unwanted material from the
laboratory.

    (a) * * *
    (1) Remove all containers of unwanted material from each laboratory
on a regular interval, not to exceed 12 months; or
    (2) Remove containers of unwanted material from each laboratory
within 12 months of each container's accumulation start date.
* * * * *
    (d) * * *
    (2) If a laboratory accumulates more than 1 quart of liquid
reactive acutely hazardous unwanted material or more than 1 kg (2.2
pounds) of solid reactive acutely hazardous unwanted material before
the regularly scheduled removal, then the eligible academic entity must
ensure that all containers of reactive acutely hazardous unwanted
material:
    (i) Are marked on the label that is associated with the container
(or on the label that is affixed or attached to the container, if that
is preferred) with the date that 1 quart or 1 kg is exceeded; and
    (ii) Are removed from the laboratory within 10 calendar days of the
date that 1 quart or 1 kg was exceeded, or at the next regularly
scheduled removal, whichever comes first.

0
47. Section 262.209 is amended by revising paragraph (b) to read as
follows:

Sec.  262.209  Where and when to make the hazardous waste determination
and where to send containers of unwanted material upon removal from the
laboratory.

* * * * *
    (b) Very small quantity generators. An eligible academic entity
must ensure that a trained professional makes a hazardous waste
determination, pursuant to Sec.  262.11(a) through (d), for unwanted
material in the laboratory before the unwanted material is removed from
the laboratory, in accordance with Sec.  262.210.

0
48. Section 262.210 is amended by revising paragraphs (a), (b)(3), and
(d)(2) to read as follows:

Sec.  262.210  Making the hazardous waste determination in the
laboratory before the unwanted material is removed from the laboratory.

* * * * *
    (a) A trained professional must make the hazardous waste
determination, pursuant to Sec.  262.11(a) through (d), before the
unwanted material is removed from the laboratory.
    (b) * * *
    (3) Count the hazardous waste toward the eligible academic entity's
generator category, pursuant to Sec.  262.13, in the calendar month
that the hazardous waste determination was made.
* * * * *
    (d) * * *
    (2) Very small quantity generators must ensure it is taken directly
from the laboratory(ies) to any of the types of facilities listed in
Sec.  262.14.
* * * * *

0
49. Section 262.211 is amended by revising paragraphs (c), (d), and
(e)(3) to read as follows:

Sec.  262.211  Making the hazardous waste determination at an on-site
central accumulation area.

* * * * *
    (c) The unwanted material becomes subject to the generator
accumulation regulations of Sec.  262.16 for small quantity generators
or Sec.  262.17 for large quantity generators as soon as it arrives in
the central accumulation area, except for the ``hazardous waste''
labeling conditions of Sec.  262.16(b)(6) and Sec.  262.17(a)(5).
    (d) A trained professional must determine, pursuant to Sec.
262.11(a) through (d), if the unwanted material is a hazardous waste
within 4 calendar days of the unwanted materials' arrival at the on-
site central accumulation area.
    (e) * * *
    (3) Count the hazardous waste toward the eligible academic entity's
generator category, pursuant to Sec.  262.13 in the calendar month that
the hazardous waste determination was made, and
* * * * *

0
50. Section 262.212 is amended by revising paragraph (d) to read as
follows:

Sec.  262.212  Making the hazardous waste determination at an on-site
interim status or permitted treatment, storage, or disposal facility.

* * * * *
    (d) A trained professional must determine, pursuant to Sec.
262.11(a) through (d), if the unwanted material is a hazardous waste
within 4 calendar days of the unwanted materials' arrival at an on-site
interim status or permitted treatment, storage, or disposal facility.
* * * * *

0
51. Section 262.213 is amended by revising paragraphs (a)(1), (2) and
(3) and (b)(2) to read as follows:

Sec.  262.213  Laboratory clean-outs.

    (a) * * *
    (1) If the volume of unwanted material in the laboratory exceeds 55
gallons (or 1 quart of liquid reactive acutely hazardous unwanted
material or 1 kg of solid reactive acutely hazardous unwanted
material), the eligible academic entity is not required to remove all
unwanted materials from the laboratory within 10 calendar days of
exceeding 55 gallons (or 1 quart of liquid reactive acutely hazardous
unwanted material or 1 kg or solid reactive acutely hazardous unwanted
material), as required by Sec.  262.208. Instead, the eligible academic
entity must remove all unwanted materials from the laboratory within 30
calendar days from the start of the laboratory clean-out; and
    (2) For the purposes of on-site accumulation, an eligible academic
entity is not required to count a hazardous waste that is an unused
commercial chemical product (listed in 40 CFR part 261, subpart D or
exhibiting one or more characteristics in 40 CFR part 261, subpart C)
generated solely during the laboratory clean-out toward its hazardous
waste generator category, pursuant to Sec.  262.13. An unwanted
material that is generated prior to the beginning of the laboratory
clean-out and is still in the laboratory at the time the laboratory
clean-out commences must be counted toward hazardous waste generator
category, pursuant to Sec.  262.13, if it is determined to be hazardous
waste; and
    (3) For the purposes of off-site management, an eligible academic
entity must count all its hazardous waste, regardless of whether the
hazardous waste was counted toward generator category under paragraph
(a)(2) of this section, and if it generates more than 1 kg/month of
acute hazardous waste or more than 100 kg/month of non-acute hazardous
waste (i.e., the very small quantity generator limits as defined in
Sec.  260.10 of this

chapter), the hazardous waste is subject to all applicable hazardous
waste regulations when it is transported off site; and
* * * * *
    (b) * * *
    (2) The requirement to count all hazardous waste, including unused
hazardous waste, generated during the laboratory clean-out toward its
hazardous waste generator category, pursuant to Sec.  262.13.

0
52. Section 262.214 is amended by revising paragraph (b)(5) to read as
follows:

Sec.  262.214  Laboratory management plan.

* * * * *
    (b) * * *
    (5) Describe its intended best practices for making hazardous waste
determinations, including specifying the duties of the individuals
involved in the process (see the required standards at Sec.  262.11(a)
through (d) and Sec. Sec.  262.209 through 262.212).
* * * * *

0
53. Section 262.216 is amended by revising paragraphs (a) and (b) to
read as follows:

Sec.  262.216  Non-laboratory hazardous waste generated at an eligible
academic entity.

* * * * *
    (a) Remains subject to the generator requirements of Sec. Sec.
262.11 and 262.15 for large quantity generators and small quantity
generators (if the hazardous waste is managed in a satellite
accumulation area), and all other applicable generator requirements of
40 CFR part 262, with respect to that hazardous waste; or
    (b) Remains subject to the conditional exemption of Sec.  262.14
for very small quantity generators, with respect to that hazardous
waste.

0
54. Subpart L is added to read as follows:
Subpart L-- Alternative Standards for Episodic Generation
Sec.
262.230 Applicability.
262.231 Definitions for this subpart.
262.232 Conditions for a generator managing hazardous waste from an
episodic event.
262.233 Petition to manage one additional episodic event per
calendar year.

Subpart L--Alternative Standards for Episodic Generation

Sec.  262.230  Applicability.

    This subpart is applicable to very small quantity generators and
small quantity generators as defined in Sec.  260.10 of this chapter.

Sec.  262.231   Definitions for this subpart.

    Episodic event means an activity or activities, either planned or
unplanned, that does not normally occur during generator operations,
resulting in an increase in the generation of hazardous wastes that
exceeds the calendar month quantity limits for the generator's usual
category.
    Planned episodic event means an episodic event that the generator
planned and prepared for, including regular maintenance, tank
cleanouts, short-term projects, and removal of excess chemical
inventory
    Unplanned episodic event means an episodic event that the generator
did not plan or reasonably did not expect to occur, including
production process upsets, product recalls, accidental spills, or
``acts of nature,'' such as tornado, hurricane, or flood.

Sec.  262.232  Conditions for a generator managing hazardous waste from
an episodic event.

    (a) Very small quantity generator. A very small quantity generator
may maintain its existing generator category for hazardous waste
generated during an episodic event provided that the generator complies
with the following conditions:
    (1) The very small quantity generator is limited to one episodic
event per calendar year, unless a petition is granted under Sec.
262.233;
    (2) Notification. The very small quantity generator must notify EPA
no later than thirty (30) calendar days prior to initiating a planned
episodic event using EPA Form 8700-12. In the event of an unplanned
episodic event, the generator must notify EPA within 72 hours of the
unplanned event via phone, email, or fax and subsequently submit EPA
Form 8700-12. The generator shall include the start date and end date
of the episodic event, the reason(s) for the event, types and estimated
quantities of hazardous waste expected to be generated as a result of
the episodic event, and shall identify a facility contact and emergency
coordinator with 24-hour telephone access to discuss the notification
submittal or respond to an emergency in compliance with Sec.
262.16(b)(9)(i);
    (3) EPA ID Number. The very small quantity generator must have an
EPA identification number or obtain an EPA identification number using
EPA Form 8700-12;
    (4) Accumulation. A very small quantity generator is prohibited
from accumulating hazardous waste generated from an episodic event on
drip pads and in containment buildings. When accumulating hazardous
waste in containers and tanks the following conditions apply:
    (i) Containers. A very small quantity generator accumulating in
containers must mark or label its containers with the following:
    (A) The words ``Episodic Hazardous Waste'';
    (B) An indication of the hazards of the contents (examples include,
but are not limited to, the applicable hazardous waste
characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard
communication consistent with the Department of Transportation
requirements at 49 CFR part 172 subpart E (labeling) or subpart F
(placarding); a hazard statement or pictogram consistent with the
Occupational Safety and Health Administration Hazard Communication
Standard at 29 CFR 1910.1200; or a chemical hazard label consistent
with the National Fire Protection Association code 704); and
    (C) The date upon which the episodic event began, clearly visible
for inspection on each container.
    (ii) Tanks. A very small quantity generator accumulating episodic
hazardous waste in tanks must do the following:
    (A) Mark or label the tank with the words ``Episodic Hazardous
Waste'';
    (B) Mark or label its tanks with an indication of the hazards of
the contents (examples include, but are not limited to, the applicable
hazardous waste characteristic(s) (i.e., ignitable, corrosive,
reactive, toxic); hazard communication consistent with the Department
of Transportation requirements at 49 CFR part 172 subpart E (labeling)
or subpart F (placarding); a hazard statement or pictogram consistent
with the Occupational Safety and Health Administration Hazard
Communication Standard at 29 CFR 1910.1200; or a chemical hazard label
consistent with the National Fire Protection Association code 704);
    (C) Use inventory logs, monitoring equipment or other records to
identify the date upon which each episodic event begins; and
    (D) Keep inventory logs or records with the above information on
site and readily available for inspection.
    (iii) Hazardous waste must be managed in a manner that minimizes
the possibility of a fire, explosion, or release of hazardous waste or
hazardous waste constituents to the air, soil, or water;
    (A) Containers must be in good condition and compatible with the
hazardous waste being accumulated therein. Containers must be kept
closed except to add or remove waste; and.

    (B) Tanks must be in good condition and compatible with the
hazardous waste accumulated therein. Tanks must have procedures in
place to prevent the overflow (e.g., be equipped with a means to stop
inflow with systems such as a waste feed cutoff system or bypass system
to a standby tank when hazardous waste is continuously fed into the
tank). Tanks must be inspected at least once each operating day to
ensure all applicable discharge control equipment, such as waste feed
cutoff systems, bypass systems, and drainage systems are in good
working order and to ensure the tank is operated according to its
design by reviewing the data gathered from monitoring equipment such as
pressure and temperature gauges from the inspection.
    (5) The very small quantity generator must comply with the
hazardous waste manifest provisions of subpart B of this part when it
sends its episodic event hazardous waste off site to a designated
facility, as defined in Sec.  260.10 of this chapter.
    (6) The very small quantity generator has up to sixty (60) calendar
days from the start of the episodic event to manifest and send its
hazardous waste generated from the episodic event to a designated
facility, as defined in Sec.  260.10 of this chapter.
    (7) Very small quantity generators must maintain the following
records for three (3) years from the end date of the episodic event:
    (i) Beginning and end dates of the episodic event;
    (ii) A description of the episodic event;
    (iii) A description of the types and quantities of hazardous wastes
generated during the event;
    (iv) A description of how the hazardous waste was managed as well
as the name of the RCRA-designated facility that received the hazardous
waste;
    (v) Name(s) of hazardous waste transporters; and
    (vi) An approval letter from EPA if the generator petitioned to
conduct one additional episodic event per calendar year.
    (b) Small quantity generators. A small quantity generator may
maintain its existing generator category during an episodic event
provided that the generator complies with the following conditions:
    (1) The small quantity generator is limited to one episodic event
per calendar year unless a petition is granted under Sec.  262.233;
    (2) Notification. The small quantity generator must notify EPA no
later than thirty (30) calendar days prior to initiating a planned
episodic event using EPA Form 8700-12. In the event of an unplanned
episodic event, the small quantity generator must notify EPA within 72
hours of the unplanned event via phone, email, or fax, and subsequently
submit EPA Form 8700-12. The small quantity generator shall include the
start date and end date of the episodic event and the reason(s) for the
event, types and estimated quantities of hazardous wastes expected to
be generated as a result of the episodic event, and identify a facility
contact and emergency coordinator with 24-hour telephone access to
discuss the notification submittal or respond to emergency;
    (3) EPA ID Number. The small quantity generator must have an EPA
identification number or obtain an EPA identification number using EPA
Form 8700-12; and
    (4) Accumulation by small quantity generators. A small quantity
generator is prohibited from accumulating hazardous wastes generated
from an episodic event waste on drip pads and in containment buildings.
When accumulating hazardous waste generated from an episodic event in
containers and tanks, the following conditions apply:
    (i) Containers. A small quantity generator accumulating episodic
hazardous waste in containers must meet the standards at Sec.
262.16(b)(2) of this chapter and must mark or label its containers with
the following:
    (A) The words ``Episodic Hazardous Waste'';
    (B) An indication of the hazards of the contents (examples include,
but are not limited to, the applicable hazardous waste
characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard
communication consistent with the Department of Transportation
requirements at 49 CFR part 172 subpart E (labeling) or subpart F
(placarding); a hazard statement or pictogram consistent with the
Occupational Safety and Health Administration Hazard Communication
Standard at 29 CFR 1910.1200; or a chemical hazard label consistent
with the National Fire Protection Association code 704); and
    (C) The date upon which the episodic event began, clearly visible
for inspection on each container.
    (ii) Tanks. A small quantity generator accumulating episodic
hazardous waste in tanks must meet the standards at Sec.  262.16(b)(3)
and must do the following:
    (A) Mark or label its tank with the words ``Episodic Hazardous
Waste'';
    (B) Mark or label its tanks with an indication of the hazards of
the contents (examples include, but are not limited to, the applicable
hazardous waste characteristic(s) (i.e., ignitable, corrosive,
reactive, toxic); hazard communication consistent with the Department
of Transportation requirements at 49 CFR part 172 subpart E (labeling)
or subpart F (placarding); a hazard statement or pictogram consistent
with the Occupational Safety and Health Administration Hazard
Communication Standard at 29 CFR 1910.1200; or a chemical hazard label
consistent with the National Fire Protection Association code 704);
    (C) Use inventory logs, monitoring equipment or other records to
identify the date upon which each period of accumulation begins and
ends; and
    (D) Keep inventory logs or records with the above information on
site and available for inspection.
    (5) The small quantity generator must treat hazardous waste
generated from an episodic event on site or manifest and ship such
hazardous waste off site to a designated facility (as defined by Sec.
260.10 of this chapter) within sixty (60) calendar days from the start
of the episodic event.
    (6) The small quantity generator must maintain the following
records for three (3) years from the end date of the episodic event:
    (i) Beginning and end dates of the episodic event;
    (ii) A description of the episodic event;
    (iii) A description of the types and quantities of hazardous wastes
generated during the event;
    (iv) A description of how the hazardous waste was managed as well
as the name of the designated facility (as defined by Sec.  260.10 of
this chapter) that received the hazardous waste;
    (v) Name(s) of hazardous waste transporters; and
    (vi) An approval letter from EPA if the generator petitioned to
conduct one additional episodic event per calendar year.

Sec.  262.233  Petition to manage one additional episodic event per
calendar year.

    (a) A generator may petition the Regional Administrator for a
second episodic event in a calendar year without impacting its
generator category under the following conditions:
    (1) If a very small quantity generator or small quantity generator
has already held a planned episodic event in a calendar year, the
generator may petition EPA for an additional unplanned episodic event
in that calendar year within 72 hours of the unplanned event.
    (2) If a very small quantity generator or small quantity generator
has already

held an unplanned episodic event in a calendar year, the generator may
petition EPA for an additional planned episodic event in that calendar
year.
    (b) The petition must include the following:
    (1) The reason(s) why an additional episodic event is needed and
the nature of the episodic event;
    (2) The estimated amount of hazardous waste to be managed from the
event;
    (3) How the hazardous waste is to be managed;
    (4) The estimated length of time needed to complete management of
the hazardous waste generated from the episodic event--not to exceed
sixty (60) days; and
    (5) Information regarding the previous episodic event managed by
the generator, including the nature of the event, whether it was a
planned or unplanned event, and how the generator complied with the
conditions.
    (c) The petition must be made to the Regional Administrator in
writing, either on paper or electronically.
    (d) The generator must retain written approval in its records for
three (3) years from the date the episodic event ended.

0
55. Subpart M is added to read as follows:
Subpart M--Preparedness, Prevention, and Emergency Procedures for Large
Quantity Generators
Sec.
262.250 Applicability.
262.251 Maintenance and operation of facility.
262.252 Required equipment.
262.253 Testing and maintenance of equipment.
262.254 Access to communications or alarm system.
262.255 Required aisle space.
262.256 Arrangements with local authorities.
262.260 Purpose and implementation of contingency plan.
262.261 Content of contingency plan.
262.262 Copies of contingency plan.
262.263 Amendment of contingency plan.
262.264 Emergency coordinator.
262.265 Emergency procedures.

Subpart M--Preparedness, Prevention, and Emergency Procedures for
Large Quantity Generators

Sec.  262.250  Applicability.

    The regulations of this subpart apply to those areas of a large
quantity generator where hazardous waste is generated or accumulated on
site.

Sec.  262.251  Maintenance and operation of facility.

    A large quantity generator must maintain and operate its facility
to minimize the possibility of a fire, explosion, or any unplanned
sudden or non-sudden release of hazardous waste or hazardous waste
constituents to air, soil, or surface water which could threaten human
health or the environment.

Sec.  262.252  Required equipment.

    All areas deemed applicable by Sec.  262.250 must be equipped with
the items in paragraphs (a) through (d) of this section (unless none of
the hazards posed by waste handled at the facility could require a
particular kind of equipment specified below or the actual hazardous
waste generation or accumulation area does not lend itself for safety
reasons to have a particular kind of equipment specified below). A
large quantity generator may determine the most appropriate locations
within its facility to locate equipment necessary to prepare for and
respond to emergencies:
    (a) An internal communications or alarm system capable of providing
immediate emergency instruction (voice or signal) to facility
personnel;
    (b) A device, such as a telephone (immediately available at the
scene of operations) or a hand-held two-way radio, capable of summoning
emergency assistance from local police departments, fire departments,
or state or local emergency response teams;
    (c) Portable fire extinguishers, fire control equipment (including
special extinguishing equipment, such as that using foam, inert gas, or
dry chemicals), spill control equipment, and decontamination equipment;
and
    (d) Water at adequate volume and pressure to supply water hose
streams, or foam producing equipment, or automatic sprinklers, or water
spray systems.

Sec.  262.253  Testing and maintenance of equipment.

    All communications or alarm systems, fire protection equipment,
spill control equipment, and decontamination equipment, where required,
must be tested and maintained as necessary to assure its proper
operation in time of emergency.

Sec.  262.254  Access to communications or alarm system.

    (a) Whenever hazardous waste is being poured, mixed, spread, or
otherwise handled, all personnel involved in the operation must have
immediate access (e.g., direct or unimpeded access) to an internal
alarm or emergency communication device, either directly or through
visual or voice contact with another employee, unless such a device is
not required under Sec.  262.252.
    (b) In the event there is just one employee on the premises while
the facility is operating, the employee must have immediate access
(e.g., direct or unimpeded access) to a device, such as a telephone
(immediately available at the scene of operation) or a hand-held two-
way radio, capable of summoning external emergency assistance, unless
such a device is not required under Sec.  262.252.

Sec.  262.255  Required aisle space.

    The large quantity generator must maintain aisle space to allow the
unobstructed movement of personnel, fire protection equipment, spill
control equipment, and decontamination equipment to any area of
facility operation in an emergency, unless aisle space is not needed
for any of these purposes.

Sec.  262.256  Arrangements with local authorities.

    (a) The large quantity generator must attempt to make arrangements
with the local police department, fire department, other emergency
response teams, emergency response contractors, equipment suppliers,
and local hospitals, taking into account the types and quantities of
hazardous wastes handled at the facility. Arrangements may be made with
the Local Emergency Planning Committee, if it is determined to be the
appropriate organization with which to make arrangements.
    (1) A large quantity generator attempting to make arrangements with
its local fire department must determine the potential need for the
services of the local police department, other emergency response
teams, emergency response contractors, equipment suppliers and local
hospitals.
    (2) As part of this coordination, the large quantity generator
shall attempt to make arrangements, as necessary, to familiarize the
above organizations with the layout of the facility, the properties of
the hazardous waste handled at the facility and associated hazards,
places where personnel would normally be working, entrances to roads
inside the facility, and possible evacuation routes as well as the
types of injuries or illnesses which could result from fires,
explosions, or releases at the facility.
    (3) Where more than one police or fire department might respond to
an emergency, the large quantity generator shall attempt to make
arrangements designating primary emergency authority to a specific fire
or police department, and arrangements with any others to provide
support to the primary emergency authority.

    (b) The large quantity generator shall maintain records documenting
the arrangements with the local fire department as well as any other
organization necessary to respond to an emergency. This documentation
must include documentation in the operating record that either confirms
such arrangements actively exist or, in cases where no arrangements
exist, confirms that attempts to make such arrangements were made.
    (c) A facility possessing 24-hour response capabilities may seek a
waiver from the authority having jurisdiction (AHJ) over the fire code
within the facility's state or locality as far as needing to make
arrangements with the local fire department as well as any other
organization necessary to respond to an emergency, provided that the
waiver is documented in the operating record.

Sec.  262.260   Purpose and implementation of contingency plan.

    (a) A large quantity generator must have a contingency plan for the
facility. The contingency plan must be designed to minimize hazards to
human health or the environment from fires, explosions, or any
unplanned sudden or non-sudden release of hazardous waste or hazardous
waste constituents to air, soil, or surface water.
    (b) The provisions of the plan must be carried out immediately
whenever there is a fire, explosion, or release of hazardous waste or
hazardous waste constituents which could threaten human health or the
environment.

Sec.  262.261  Content of contingency plan.

    (a) The contingency plan must describe the actions facility
personnel must take to comply with Sec. Sec.  262.260 and 262.265 in
response to fires, explosions, or any unplanned sudden or non-sudden
release of hazardous waste or hazardous waste constituents to air,
soil, or surface water at the facility.
    (b) If the generator has already prepared a Spill Prevention,
Control, and Countermeasures (SPCC) Plan in accordance with part 112 of
this chapter, or some other emergency or contingency plan, it need only
amend that plan to incorporate hazardous waste management provisions
that are sufficient to comply with the standards of this part. The
generator may develop one contingency plan that meets all regulatory
standards. EPA recommends that the plan be based on the National
Response Team's Integrated Contingency Plan Guidance (``One Plan'').
    (c) The plan must describe arrangements agreed to with the local
police department, fire department, other emergency response teams,
emergency response contractors, equipment suppliers, local hospitals
or, if applicable, the Local Emergency Planning Committee, pursuant to
Sec.  262.256.
    (d) The plan must list names and emergency telephone numbers of all
persons qualified to act as emergency coordinator (see Sec.  262.264),
and this list must be kept up to date. Where more than one person is
listed, one must be named as primary emergency coordinator and others
must be listed in the order in which they will assume responsibility as
alternates. In situations where the generator facility has an emergency
coordinator continuously on duty because it operates 24 hours per day,
every day of the year, the plan may list the staffed position (e.g.,
operations manager, shift coordinator, shift operations supervisor) as
well as an emergency telephone number that can be guaranteed to be
answered at all times.
    (e) The plan must include a list of all emergency equipment at the
facility (such as fire extinguishing systems, spill control equipment,
communications and alarm systems (internal and external), and
decontamination equipment), where this equipment is required. This list
must be kept up to date. In addition, the plan must include the
location and a physical description of each item on the list, and a
brief outline of its capabilities.
    (f) The plan must include an evacuation plan for generator
personnel where there is a possibility that evacuation could be
necessary. This plan must describe signal(s) to be used to begin
evacuation, evacuation routes, and alternate evacuation routes (in
cases where the primary routes could be blocked by releases of
hazardous waste or fires).

Sec.  262.262   Copies of contingency plan.

    A copy of the contingency plan and all revisions to the plan must
be maintained at the large quantity generator and--
    (a) The large quantity generator must submit a copy of the
contingency plan and all revisions to all local emergency responders
(i.e., police departments, fire departments, hospitals and State and
local emergency response teams that may be called upon to provide
emergency services). This document may also be submitted to the Local
Emergency Planning Committee, as appropriate.
    (b) A large quantity generator that first becomes subject to these
provisions after May 30, 2017 or a large quantity generator that is
otherwise amending its contingency plan must at that time submit a
quick reference guide of the contingency plan to the local emergency
responders identified at paragraph (a) of this section or, as
appropriate, the Local Emergency Planning Committee. The quick
reference guide must include the following elements:
    (1) The types/names of hazardous wastes in layman's terms and the
associated hazard associated with each hazardous waste present at any
one time (e.g., toxic paint wastes, spent ignitable solvent, corrosive
acid);
    (2) The estimated maximum amount of each hazardous waste that may
be present at any one time;
    (3) The identification of any hazardous wastes where exposure would
require unique or special treatment by medical or hospital staff;
    (4) A map of the facility showing where hazardous wastes are
generated, accumulated and treated and routes for accessing these
wastes;
    (5) A street map of the facility in relation to surrounding
businesses, schools and residential areas to understand how best to get
to the facility and also evacuate citizens and workers;
    (6) The locations of water supply (e.g., fire hydrant and its flow
rate);
    (7) The identification of on-site notification systems (e.g., a
fire alarm that rings off site, smoke alarms); and
    (8) The name of the emergency coordinator(s) and 7/24-hour
emergency telephone number(s) or, in the case of a facility where an
emergency coordinator is continuously on duty, the emergency telephone
number for the emergency coordinator.
    (c) Generators must update, if necessary, their quick reference
guides, whenever the contingency plan is amended and submit these
documents to the local emergency responders identified at paragraph (a)
of this section or, as appropriate, the Local Emergency Planning
Committee.

Sec.  262.263  Amendment of contingency plan.

    The contingency plan must be reviewed, and immediately amended, if
necessary, whenever:
    (a) Applicable regulations are revised;
    (b) The plan fails in an emergency;
    (c) The generator facility changes--in its design, construction,
operation, maintenance, or other circumstances--in a way that
materially increases the potential for fires, explosions, or releases
of hazardous waste or hazardous waste constituents, or changes the
response necessary in an emergency;

    (d) The list of emergency coordinators changes; or
    (e) The list of emergency equipment changes.

Sec.  262.264  Emergency coordinator.

    At all times, there must be at least one employee either on the
generator's premises or on call (i.e., available to respond to an
emergency by reaching the facility within a short period of time) with
the responsibility for coordinating all emergency response measures and
implementing the necessary emergency procedures outlined in Sec.
262.265. Although responsibilities may vary depending on factors such
as type and variety of hazardous waste(s) handled by the facility, as
well as type and complexity of the facility, this emergency coordinator
must be thoroughly familiar with all aspects of the generator's
contingency plan, all operations and activities at the facility, the
location and characteristics of hazardous waste handled, the location
of all records within the facility, and the facility's layout. In
addition, this person must have the authority to commit the resources
needed to carry out the contingency plan.

Sec.  262.265  Emergency procedures.

    (a) Whenever there is an imminent or actual emergency situation,
the emergency coordinator (or his designee when the emergency
coordinator is on call) must immediately:
    (1) Activate internal facility alarms or communication systems,
where applicable, to notify all facility personnel; and
    (2) Notify appropriate state or local agencies with designated
response roles if their help is needed.
    (b) Whenever there is a release, fire, or explosion, the emergency
coordinator must immediately identify the character, exact source,
amount, and areal extent of any released materials. The emergency
coordinator may do this by observation or review of the facility
records or manifests and, if necessary, by chemical analysis.
    (c) Concurrently, the emergency coordinator must assess possible
hazards to human health or the environment that may result from the
release, fire, or explosion. This assessment must consider both direct
and indirect effects of the release, fire, or explosion (e.g., the
effects of any toxic, irritating, or asphyxiating gases that are
generated, or the effects of any hazardous surface water run-offs from
water or chemical agents used to control fire and heat-induced
explosions).
    (d) If the emergency coordinator determines that the facility has
had a release, fire, or explosion which could threaten human health, or
the environment, outside the facility, the emergency coordinator must
report the findings as follows:
    (1) If the assessment indicates that evacuation of local areas may
be advisable, the emergency coordinator must immediately notify
appropriate local authorities. The emergency coordinator must be
available to help appropriate officials decide whether local areas
should be evacuated; and
    (2) The emergency coordinator must immediately notify either the
government official designated as the on-scene coordinator for that
geographical area, or the National Response Center (using their 24-hour
toll free number 800/424-8802). The report must include:
    (i) Name and telephone number of reporter;
    (ii) Name and address of the generator;
    (iii) Time and type of incident (e.g., release, fire);
    (iv) Name and quantity of material(s) involved, to the extent
known;
    (v) The extent of injuries, if any; and
    (vi) The possible hazards to human health, or the environment,
outside the facility.
    (e) During an emergency, the emergency coordinator must take all
reasonable measures necessary to ensure that fires, explosions, and
releases do not occur, recur, or spread to other hazardous waste at the
generator's facility. These measures must include, where applicable,
stopping processes and operations, collecting and containing released
hazardous waste, and removing or isolating containers.
    (f) If the generator stops operations in response to a fire,
explosion or release, the emergency coordinator must monitor for leaks,
pressure buildup, gas generation, or ruptures in valves, pipes, or
other equipment, wherever this is appropriate.
    (g) Immediately after an emergency, the emergency coordinator must
provide for treating, storing, or disposing of recovered waste,
contaminated soil or surface water, or any other material that results
from a release, fire, or explosion at the facility. Unless the
generator can demonstrate, in accordance with Sec.  261.3(c) or (d) of
this chapter, that the recovered material is not a hazardous waste,
then it is a newly generated hazardous waste that must be managed in
accordance with all the applicable requirements and conditions for
exemption in parts 262, 263, and 265 of this chapter.
    (h) The emergency coordinator must ensure that, in the affected
area(s) of the facility:
    (1) No hazardous waste that may be incompatible with the released
material is treated, stored, or disposed of until cleanup procedures
are completed; and
    (2) All emergency equipment listed in the contingency plan is
cleaned and fit for its intended use before operations are resumed.
    (i) The generator must note in the operating record the time, date,
and details of any incident that requires implementing the contingency
plan. Within 15 days after the incident, the generator must submit a
written report on the incident to the Regional Administrator. The
report must include:
    (1) Name, address, and telephone number of the generator;
    (2) Date, time, and type of incident (e.g., fire, explosion);
    (3) Name and quantity of material(s) involved;
    (4) The extent of injuries, if any;
    (5) An assessment of actual or potential hazards to human health or
the environment, where this is applicable; and
    (6) Estimated quantity and disposition of recovered material that
resulted from the incident.

PART 263--STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE

0
56. The authority citation for part 263 continues to read as follows:

    Authority: 42 U.S.C. 6906, 6912, 6922-6925, 6937, and 6938.

0
57. Section 263.12 is revised to read as follows:

Sec.  263.12  Transfer facility requirements.

    (a) A transporter who stores manifested shipments of hazardous
waste in containers meeting the independent requirements of Sec.
262.30 of this chapter at a transfer facility for a period of ten (10)
days or less is not subject to regulation under parts 264, 265, 267,
268, and 270 of this chapter with respect to the storage of those
wastes.
    (b) When consolidating the contents of two or more containers with
the same hazardous waste into a new container, or when combining and
consolidating two different hazardous wastes that are compatible with
each other, the transporter must mark its containers of 119 gallons or
less with the following information:
    (1) The words ``Hazardous Waste'' and
    (2) The applicable EPA hazardous waste number(s) (EPA hazardous
waste

codes) in subparts C and D of part 261 of this chapter, or in
compliance with Sec.  262.32(c).

PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES

0
58. The authority citation for part 264 continues to read as follows:

    Authority:  42 U.S.C. 6905, 6912(a), 6924, and 6925.

0
59. Section 264.1 is amended by revising paragraphs (g)(1) and (3) to
read as follows:

Sec.  264.1  Purpose, scope and applicability.

* * * * *
    (g) * * *
    (1) The owner or operator of a facility permitted, licensed, or
registered by a state to manage municipal or industrial solid waste, if
the only hazardous waste the facility treats, stores, or disposes of is
excluded from regulation under this part by Sec.  262.14 of this
chapter;
* * * * *
    (3) A generator accumulating waste on site in compliance with
Sec. Sec.  262.14, 262.15, 262.16, or 262.17 of this chapter.
* * * * *

0
60. Section 264.15 is amended by revising paragraph (b)(4) and removing
the comment to paragraph (b)(4) to read as follows:

Sec.  264.15  General inspection requirements.

* * * * *
    (b) * * *
    (4) The frequency of inspection may vary for the items on the
schedule. However, the frequency should be based on the rate of
deterioration of the equipment and the probability of an environmental
or human health incident if the deterioration, malfunction, or operator
error goes undetected between inspections. Areas subject to spills,
such as loading and unloading areas, must be inspected daily when in
use. At a minimum, the inspection schedule must include the items and
frequencies called for in Sec. Sec.  264.174, 264.193, 264.195,
264.226, 264.254, 264.278, 264.303, 264.347, 264.602, 264.1033,
264.1052, 264.1053, 264.1058, and 264.1083 through 264.1089, where
applicable. Part 270 of this chapter requires the inspection schedule
to be submitted with part B of the permit application. EPA will
evaluate the schedule along with the rest of the application to ensure
that it adequately protects human health and the environment. As part
of this review, EPA may modify or amend the schedule as may be
necessary.
* * * * *

0
61. Section 264.71 is amended by revising paragraph (c) and removing
the comment to paragraph (c) to read as follows:

Sec.  264.71  Use of manifest system.

* * * * *
    (c) Whenever a shipment of hazardous waste is initiated from a
facility, the owner or operator of that facility must comply with the
requirements of part 262 of this chapter. The provisions of Sec. Sec.
262.15, 262.16, and 262.17 of this chapter are applicable to the on-
site accumulation of hazardous wastes by generators. Therefore, the
provisions of Sec. Sec.  262.15, 262.16, and 262.17 of this chapter
only apply to owners or operators who are shipping hazardous waste
which they generated at that facility or operating as a large quantity
generator consolidating hazardous waste from very small quantity
generators under Sec.  262.17(f).
* * * * *

0
62. Section 264.75 is revised to read as follows:

Sec.  264.75  Biennial report.

    The owner or operator must complete and submit EPA Form 8700-13 A/B
to the Regional Administrator by March 1 of the following even numbered
year and must cover activities during the previous year.

0
63. Section 264.170 is revised to read as follows:

Sec.  264.170  Applicability.

    The regulations in this subpart apply to owners and operators of
all hazardous waste facilities that store hazardous waste in
containers, except as Sec.  264.1 provides otherwise.
    [Comment: Under Sec.  261.7 and Sec.  261.33(c) of this chapter, if
a hazardous waste is emptied from a container the residue remaining in
the container is not considered a hazardous waste if the container is
``empty'' as defined in Sec.  261.7. In that event, management of the
container is exempt from the requirements of this subpart.]

0
64. Section 264.174 is revised to read as follows:

Sec.  264.174  Inspections.

    At least weekly, the owner or operator must inspect areas where
containers are stored. The owner or operator must look for leaking
containers and for deterioration of containers and the containment
system cause by corrosion or other factors. See Sec. Sec.  264.15(c)
and 264.171 for remedial action required if deterioration or leaks are
detected.

0
65. Section 264.191 is amended by revising paragraph (a) to read as
follows:

Sec.  264.191  Assessment of existing tank system's integrity.

    (a) For each existing tank system that does not have secondary
containment meeting the requirements of Sec.  264.193, the owner or
operator must determine that the tank system is not leaking or is fit
for use. Except as provided in paragraph (c) of this section, the owner
or operator must obtain and keep on file at the facility a written
assessment reviewed and certified by a qualified Professional Engineer,
in accordance with Sec.  270.11(d) of this chapter, that attests to the
tank system's integrity by January 12, 1988.
* * * * *

Sec.  264.195  [Amended]

0
66. Section 264.195 is amended by removing and reserving paragraph (e).
0
67. Section 264.1030 is amended by revising paragraph (b)(2) to read as
follows:

Sec.  264.1030  Applicability.

* * * * *
    (b) * * *
    (2) A unit (including a hazardous waste recycling unit) that is not
exempt from permitting under the provisions of 40 CFR 262.17 (i.e., a
hazardous waste recycling unit that is not a 90-day tank or container)
and that is located at a hazardous waste management facility otherwise
subject to the permitting requirements of 40 CFR part 270; or
* * * * *

0
68. Section 264.1050 is amended by revising paragraph (b)(3) to read as
follows:

Sec.  264.1050  Applicability.

* * * * *
    (b) * * *
    (3) A unit that is exempt from permitting under the provisions of
40 CFR 262.17 (i.e., a ``90-day'' tank or container) and is not a
recycling unit under the provisions of 40 CFR 261.6.
* * * * *

0
69. Section 264.1101 is amended by revising paragraph (c)(4) to read as
follows:

Sec.  264.1101  Design and operating standards.

* * * * *
    (c) * * *
    (4) Inspect and record in the facility operating record, at least
once every seven days, 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.
* * * * *

PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

0
70. 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.

0
71. Section 265.1 is amended by revising paragraphs (c)(5) and (7) to
read as follows:

Sec.  265.1  Purpose, scope, and applicability.

* * * * *
    (c) * * *
    (5) The owner or operator of a facility permitted, licensed, or
registered by a State to manage municipal or industrial solid waste, if
the only hazardous waste the facility treats, stores, or disposes of is
excluded from regulation under this part by Sec.  262.14 of this
chapter;
* * * * *
    (7) A generator accumulating waste on site in compliance with
applicable conditions for exemption in Sec. Sec.  262.14 through 262.17
and subparts K and L of part 262 of this chapter, except to the extent
the requirements of this part are included in those sections and
subparts;
* * * * *

0
72. Section 265.15 is amended by revising paragraph (b)(4) and removing
paragraph (b)(5).
    The revision reads as follows:

Sec.  265.15  General inspection requirements.

* * * * *
    (b) * * *
    (4) The frequency of inspection may vary for the items on the
schedule. However, the frequency should be based on the rate of
deterioration of the equipment and the probability of an environmental
or human health incident if the deterioration, malfunction, or operator
error goes undetected between inspections. Areas subject to spills,
such as loading and unloading areas, must be inspected daily when in
use. At a minimum, the inspection schedule must include the items and
frequencies called for in Sec. Sec.  265.174, 265.193, 265.195,
265.226, 265.260, 265.278, 265.304, 265.347, 265.377, 265.403,
265.1033, 265.1052, 265.1053, 265.1058, and 265.1084 through 265.1090,
where applicable.
* * * * *

0
73. Section 265.71 is amended by revising paragraph (c) to read as
follows:

Sec.  265.71  Use of manifest system.

* * * * *
    (c) Whenever a shipment of hazardous waste is initiated from a
facility, the owner or operator of that facility must comply with the
requirements of part 262 of this chapter. The provisions of Sec. Sec.
262.15, 262.16, and 262.17 of this chapter are applicable to the on-
site accumulation of hazardous wastes by generators. Therefore, the
provisions of Sec. Sec.  262.15, 262.16, and 262.17 only apply to
owners or operators who are shipping hazardous waste which they
generated at that facility or operating as a large quantity generator
consolidating hazardous waste from very small quantity generators under
Sec.  262.17(f).
* * * * *

0
74. Section 265.75 is revised to read as follows:

Sec.  265.75  Biennial report.

    The owner or operator must complete and submit EPA Form 8700-13 A/B
to the Regional Administrator by March 1 of the following even numbered
year and must cover activities during the previous year.

0
75. Section 265.174 is revised to read as follows:

Sec.  265.174  Inspections.

    At least weekly, the owner or operator must inspect areas where
containers are stored. The owner or operator must look for leaking
containers and for deterioration of containers caused by corrosion or
other factors. See Sec.  265.171 for remedial action required if
deterioration or leaks are detected.

Sec.  265.195   [Amended]

0
76. Section 265.195 is amended by removing and reserving paragraph (d).

Sec.  265.201  [Removed and reserved]

0
77. Remove and reserve Sec.  265.201.

0
78. Section 265.1030 is amended by revising paragraphs (b)(2) and (3)
to read as follows:

Sec.  265.1030  Applicability.

* * * * *
    (b) * * *
    (2) A unit (including a hazardous waste recycling unit) that is not
exempt from permitting under the provisions of 40 CFR 262.17 (i.e., a
hazardous waste recycling unit that is not a 90-day tank or container)
and that is located at a hazardous waste management facility otherwise
subject to the permitting requirements of 40 CFR part 270, or
    (3) A unit that is exempt from permitting under the provisions of
40 CFR 262.17 (i.e., a ``90-day'' tank or container) and is not a
recycling unit under the requirements of 40 CFR 261.6.
* * * * *

Sec.  265.1050   [Amended]

0
79. Amend Sec.  265.1050 by removing the text ``40 CFR 262.34(a)''
wherever it appears and adding in its place the text ``40 CFR 262.17''.

0
80. Section 265.1101 is amended by revising paragraph (c)(4) to read as
follows:

Sec.  265.1101   Design and operating standards.

* * * * *
    (c) * * *
    (4) Inspect and record in the facility's operating record at least
once every seven days 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.
* * * * *

PART 266--STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILTIES

0
81. The authority citation for part 266 continues to read as follows:

    Authority: 42 U.S.C. 1006, 2002(a), 3001-3009, 3014, 3017, 6905,
6906, 6912, 6921, 6922, 6924-6927, 6934, and 6937.

Sec.  266.80  [Amended]

0
82. Amend Sec.  266.80(a) by removing the text ``Sec.  262.12'' and
adding the text ``Sec.  262.18'' in its place, seven times.

Sec.  266.255   [Amended]

0
83. Amend Sec.  266.255(a) by removing the text ``40 CFR 262.34'' and
adding the text ``40 CFR 262.16 or 262.17'' in its place.

PART 267--STANDARDS FOR OWNERS AND OPERATORS OF FACILITIES
OPERATING UNDER A STANDARDIZED PERMIT

0
84. The authority citation for part 267 continues to read as follows:

    Authority: 42 U.S.C. 6902, 6912(a), 6924-6926, and 6930.

Sec.  267.71   [Amended]

0
85. Amend Sec.  267.71(c) by removing the text ``Sec.  262.34''
wherever it appears and adding in its place the text ``Sec.  262.16 or
262.17''.

PART 268--LAND DISPOSAL RESTRICTIONS

0
86. The authority citation for part 268 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921, and 6924.

0
87. Section 268.1 is amended by revising paragraph (e)(1) to read as
follows:

Sec.  268.1  Purpose, scope, and applicability.

* * * * *
    (e) * * *
    (1) Waste generated by very small quantity generators, as defined
in Sec.  260.10 of this chapter;
* * * * *

0
88. Section 268.7 is amended by revising paragraph (a)(5) introductory
paragraph to read as follows:

Sec.  268.7  Testing, tracking, and recordkeeping requirements for
generators, treaters, and disposal facilities.

    (a) * * *
    (5) If a generator is managing and treating prohibited waste or
contaminated soil in tanks, containers, or containment buildings
regulated under 40 CFR 262.15, 262.16, and 262.17 to meet applicable
LDR treatment standards found at Sec.  268.40, the generator must
develop and follow a written waste analysis plan which describes the
procedures they will carry out to comply with the treatment standards.
(Generators treating hazardous debris under the alternative treatment
standards of Table 1 to Sec.  268.45, however, are not subject to these
waste analysis requirements.) The plan must be kept on site in the
generator's records, and the following requirements must be met:
* * * * *

0
89. Section 268.50 is amended by revising paragraph (a)(1) and
(a)(2)(i) to read as follows:

Sec.  268.50  Prohibitions on storage of restricted wastes.

    (a) * * *
    (1) A generator stores such wastes in tanks, containers, or
containment buildings on-site solely for the purpose of the
accumulation of such quantities of hazardous waste as necessary to
facilitate proper recovery, treatment, or disposal and the generator
complies with the requirements in Sec. Sec.  262.16 and 262.17 and
parts 264 and 265 of this chapter.
    (2) * * *
    (i) Each container is clearly marked to identify its contents and
with:
    (A) The words ``Hazardous Waste'';
    (B) The applicable EPA hazardous waste number(s) (EPA hazardous
waste codes) in subparts C and D of part 261 of this chapter; or use a
nationally recognized electronic system, such as bar coding, to
identify the EPA hazardous waste number(s);
    (C) An indication of the hazards of the contents (examples include,
but are not limited to, the applicable hazardous waste
characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard
communication consistent with the Department of Transportation
requirements at 49 CFR part 172 subpart E (labeling) or subpart F
(placarding); a hazard statement or pictogram consistent with the
Occupational Safety and Health Administration Hazard Communication
Standard at 29 CFR 1910.1200; or a chemical hazard label consistent
with the National Fire Protection Association code 704); and
    (D) The date each period of accumulation begins.
* * * * *

PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE
PERMIT PROGRAM

0
90. The authority citation for part 270 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and
6974.

0
91. Section 270.1 is amended by revising paragraphs (a)(3), (c)(2)
introductory text, (c)(2)(i), and (c)(2)(iii) to read as follows:

Sec.  270.1  Purpose and scope of these regulations.

    (a) * * *
    (3) Technical regulations. The RCRA permit program has separate
additional regulations that contain technical requirements. These
separate regulations are used by permit issuing authorities to
determine what requirements must be placed in permits if they are
issued. These separate regulations are located in 40 CFR parts 264,
266, 267, and 268.
* * * * *
    (c) * * *
    (2) Specific exclusions and exemptions. The following persons are
among those who are not required to obtain a RCRA permit:
    (i) Generators who accumulate hazardous waste on site in compliance
with all of the conditions for exemption provided in 40 CFR 262.14,
262.15, 262.16, and 262.17.
* * * * *
    (iii) Persons who own or operate facilities solely for the
treatment, storage, or disposal of hazardous waste excluded from
regulations under this part by 40 CFR 261.4 or 262.14 (very small
quantity generator exemption).
* * * * *

Sec.  270.42   [Amended]

0
92. Section 270.42 is amended by removing and reserving paragraph (l)
and the entries under O.1. in the table of appendix I to Sec.  270.42.

PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE
PROGRAMS

0
93. The authority citation for part 271 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6912(a), and 6926.

Sec.  271.10  [Amended]

0
94. Amend Sec.  271.10(c) by removing the text '' 262.34'' and adding
in its place the text ``262.16 or 262.17''.

PART 273--STANDARDS FOR UNIVERSAL WASTE MANAGEMENT

0
95. The authority citation for part 273 continues to read as follows:

    Authority: 42 U.S.C. 6922, 6923, 6924, 6925, 6930, and 6937.

0
96. Section 273.8 is amended by revising the section heading and
paragraph (a)(2) to read as follows:

Sec.  273.8  Applicability--household and very small quantity generator
waste.

    (a) * * *
    (2) Very small quantity generator wastes that are exempt under
Sec.  262.14 of this chapter and are also of the same type as the
universal wastes defined at Sec.  273.9.
* * * * *

0
97. Section 273.81 is amended by revising paragraph (b) to read as
follows:

Sec.  273.81  Factors for petitions to include other wastes under 40
CFR part 273.

* * * * *
    (b) The waste or category of waste is not exclusive to a specific
industry or group of industries, is commonly generated by a wide
variety of types of establishments (including, for example, households,
retail and commercial businesses, office complexes, very small quantity
generators, small businesses, government organizations, as well as
large industrial facilities);
* * * * *

PART 279--STANDARDS FOR THE MANAGEMENT OF USED OIL

0
98. The authority citation for part 279 continues to read as follows:

    Authority:  Sections 1006, 2002(a), 3001 through 3007, 3010,
3014, and 7004 of the Solid Waste Disposal Act, as amended (42
U.S.C. 6905, 6912(a), 6921 through 6927, 6930, 6934, and 6974); and
sections 101(37) and 144(c) of CERCLA (42 U.S.C. 9601(37) and
9614(c)).

0
99. Section 279.10 is amended by revising paragraph (b)(3) to read as
follows:

Sec.  279.10   Applicability.

* * * * *
    (b) * * *
    (3) Very small quantity generator hazardous waste. Mixtures of used
oil and very small quantity generator hazardous waste regulated under
Sec.  262.14 of this chapter are subject to regulation as used oil
under this part.
* * * * *

[FR Doc. 2016-27429 Filed 11-25-16; 8:45 am]
 BILLING CODE 6560-50-P