[Federal Register Volume 79, Number 31 (Friday, February 14, 2014)]
[Proposed Rules]
[Pages 8926-8935]
[FR Doc No: 2014-02930]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 261 and 262

[EPA-HQ-RCRA-2012-0426; FRL-9906-44-OSWER]
RIN 2050-AG72

Hazardous Waste Management and the Retail Sector: Providing and
Seeking Information on Practices To Enhance Effectiveness to the
Resource Conservation and Recovery Act Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability and request for comment.

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SUMMARY: This Notice of Data Availability (NODA) announces and invites
comment on information assembled by the Environmental Protection Agency
(EPA or the Agency), and solicits additional information regarding the
hazardous waste management practices of establishments in the retail
sector (e.g., stores). The NODA also invites comment on specific issues
and suggested questions that the retail industry has raised about
challenges they face in complying with the Resource Conservation and

Recovery Act (RCRA) hazardous waste policies, guidances and
regulations. This NODA meets the Agency's commitment to solicit public
comment on issues associated with the retail sector under Executive
Order 13563: Improving Regulation and Regulatory Review to make
regulatory programs more effective or less burdensome in achieving
regulatory objectives.

DATES: Comments must be received by April 15, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2012-0426, by one of the following methods:
     www.regulations.gov: Follow the online instructions for
submitting comments.
     Email: Comments may be sent by electronic mail (email) to
<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-RCRA-2012-0426. In
contrast to EPA's electronic public docket, EPA's email system is not
an ``anonymous access'' system. If you send an email comment directly
to the Docket without going through EPA's electronic public docket,
EPA's email system automatically captures your email address. Email
addresses that are automatically captured by EPA's email system are
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.
     Fax: Comments may be faxed to<PHONE_NUMBER>. Attention
Docket ID No. EPA-HQ-RCRA-2012-0426.
     Mail: to Hazardous Waste Management and the Retail Sector:
Providing and Seeking Information on Practices to Enhance Effectiveness
to the RCRA Program: Notice of Data Availability and Request for
Comment. Environmental Protection Agency, Mailcode: 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460. Attention Docket ID No.
EPA-HQ-RCRA-2012-0426. Please include a total of 2 copies.
     Hand Delivery: Deliver two copies of your comments to the
Hazardous Waste Management and the Retail Sector: Providing and Seeking
Information on Practices to Enhance Effectiveness to the RCRA Program:
Notice of Data Availability and Request for Comment Docket, EPA/DC, EPA
West, Room 3334, 1301 Constitution Ave. NW., Washington, DC 20460.
Attention Docket ID No. EPA-HQ-RCRA-2012-0426. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-RCRA-
2012-0426. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI), or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm. For additional
instructions on submitting comments, go to the SUPPLEMENTARY
INFORMATION section of this document.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Hazardous Waste
Management and the Retail Sector: Providing and Seeking Information on
Practices to Enhance Effectiveness to the RCRA Program: Notice of Data
Availability and Request for Comment Docket, EPA/DC, EPA West, Room
3334, 1301 Constitution Ave. NW., Washington, DC. This Docket Facility
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The Docket telephone number is<PHONE_NUMBER>. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For further information regarding
specific aspects of this notice, contact Richard Huggins Jr., Materials
Recovery and Waste Management Division, Office of Resource Conservation
and Recovery, (5304P), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington, DC 20460; telephone (703) 308-
0017; fax number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>or Jim O'Leary, Materials Recovery and Waste Management Division,
Office of Resource Conservation and Recovery, (5304P) U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460; telephone<PHONE_NUMBER>; fax number: 703-308-
0524; email address<EMAIL_ADDRESS>For more information on this
rulemaking, please visit: http://yosemite.epa.gov/opei/RuleGate.nsf/.
    The contents of this notice are listed in the following outline:

I. General Information
    A. Does this action apply to me?
    B. What should I consider as I prepare my comments for EPA?
II. Background
    A. Introduction
    B. Why We Are Publishing This NODA
    C. RCRA Hazardous Waste Generator Management Regulations
III. Methodology and Data on Which EPA Seeks Comment
    A. Data Methodology
    B. Data Available on the Universe of Retail Stores and Retail
Facilities and the Amount of Hazardous Waste Generated by These
Facilities
IV. Additional Information That EPA Seeks from Commenters
    A. Suggestions for Improving the RCRA Hazardous Waste Policies,
Guidances and Regulations for Retail Operations
    B. Information About the Retail Universe and the Hazardous Waste
Generated
    C. Information About Episodic Generation
    D. Information About Retail Stores' Hazardous Waste Programs
    E. Information About Hazardous Waste Employee Training
    F. Information About Aerosol Cans
    G. Information About Transportation and Reverse Logistics
    H. Information About Reverse Logistic Centers
    I. Information About Sustainability Efforts Undertaken by Retail
Facilities

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This Notice of Data Availability (NODA) provides information to the
public and seeks comment and additional information associated with the
retail sector and its facilities. Thus, entities that may want to
review this NODA and may have relevant information to submit are likely
to be classified in the following industrial sectors under the North
American Industry Classification System (NAICS):

       NAICS Codes of Entities Potentially Affected by This Notice
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              NAICS Code                   Description of NAICS Code
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441..................................  Motor Vehicle and Parts Dealers.
442..................................  Furniture and Home Furnishings
                                        Stores.
443..................................  Electronics and Appliance Stores.
444..................................  Building Material and Garden
                                        Equipment and Supplies Dealers.
445..................................  Food and Beverage Stores.
446..................................  Health and Personal Care Stores.
447..................................  Gasoline Stations.
448..................................  Clothing and Clothing Accessories
                                        Stores.
451..................................  Sporting Goods, Hobby, Book, and
                                        Music Stores.
452..................................  General Merchandise Stores.
453..................................  Miscellaneous Store Retailers.
454..................................  Nonstore Retailers.
722..................................  Food Services and Drinking
                                        Places.
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The list of potentially affected entities in the above table is not
exhaustive and is provided as a general indicator of those entities
about which EPA is presenting information and requesting comment. In
addition, other stakeholders affected by hazardous waste management by
the retail sector, including Tribal, state, and local governments,
community and environmental groups, and members of the public may also
want to review this NODA and provide relevant information. If you have
any questions regarding the applicability of this notice to a
particular entity or industry, consult the individuals listed above in
the FOR FURTHER INFORMATION CONTACT Section.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
www.regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify this NODA by docket number and other identifying
information (subject heading, Federal Register date and page number).
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible.
     Make sure to submit your comments by the comment period
deadline identified.

 II. Background

A. Introduction

    Regulation of hazardous waste generated by the retail sector under
the Resource Conservation and Recovery Act (RCRA) presents unique
challenges that are not found in more ``traditional'' RCRA- regulated
industries. The retail sector handles a large number of diverse
products (for example, one retailer has reported about a million
products and 4,000 facilities nationwide), many of which may
potentially become regulated as hazardous waste under RCRA when
discarded. Thus, retailers are required to make numerous hazardous
waste determinations at thousands of sites, generally by store
employees with limited experience with the RCRA hazardous waste
regulations. Additionally, the retail sector often uses ``reverse
distribution'' in their business processes, where non-damaged products
from retail stores are routinely shipped back to consolidation centers.
However, how reverse distribution processes are regulated, or should be
regulated under RCRA has resulted in a number of questions.
    In 2008, EPA began an effort to review the application of RCRA
hazardous waste regulations to the retail sector, and over the next two
years conducted meetings, conference calls and site visits with the
retail sector to better understand their challenges. This included
meetings with the Council on Safe Transportation of Hazardous Articles,
Inc. (COSTHA), Lowe's, the National Retail Federation, Proctor and
Gamble, the Retail Industry Leaders Association (RILA), Strong
Environmental and Walmart, and site visits at Lowe's, a Proctor and
Gamble distribution center, and the Heritage Facility, a commercial
waste facility that handles Proctor and Gamble's wastes.
    On January 18, 2011, President Obama signed Executive Order (EO)
13563, titled ``Improving Regulation and Regulatory Review.'' President
Obama ordered federal departments and agencies to develop a ``plan,
consistent with law and its resources and regulatory priorities, under
which the agency will periodically review its existing significant
regulations to determine whether any such regulations should be
modified, streamlined, expanded, or repealed so as to make the agency's
regulatory program more effective or less burdensome in achieving the
regulatory objectives.'' The EO also enumerated a number of principles
and directives to improve the nation's regulatory system. Today's
notice meets an Agency's commitment under the EO to solicit public
comment on issues associated with the retail sector (as reported in the
EPA's Final

Plan for Periodic Retrospective Reviews, August 2011). EPA has used and
will continue to use this EO to guide regulatory reviews and related
Agency activities.
    On March 14, 2011, EPA held a public meeting in Arlington, VA to
receive input on its plan for retrospective review. At this meeting,
Walmart presented several issues it encounters when complying with the
RCRA hazardous waste management regulations in their stores. Walmart
subsequently submitted written comments to the EO 13563 regulatory
review docket. The Home Depot also submitted comments to the docket.\1\
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    \1\ The Retail Industry Leaders Association also submitted
comments in the Fall of 2011 that echoed Walmart and Home Depot's
concerns. The Docket can be found at Regulations.gov. Docket ID:
EPA-HQ-OA-2011-0156.
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    Many of the comments related to the retail sector were specific to
the unique issues faced when managing hazardous waste pharmaceuticals.
However, other retail-related comments were also raised, with some of
the more important comments focusing on episodic generation, hazardous
waste determination, reverse distribution, and aerosol can management.
    Commenters also noted, hazardous waste generation rates at retail
facilities can vary depending on product recalls, customer returns,
expiration dates, accidental product spills or breakage, seasonality
and `consumer' midnight dumping in retail parking lots. Varying
generation rates subject retailers to different generator regulations
each calendar month. Varying generation rates present problems for
retailers when complying with the training requirements, accumulation
standards, recordkeeping, manifesting and other hazardous waste
regulations. In addition, commenters noted making a hazardous waste
determination is difficult for retailers because a single retail store
can sell hundreds of thousands of products. These products come from
tens of thousands of suppliers and manufacturers. In addition, EPA
understands regulators and compliance inspectors also encounter
difficulties with the retail sector for these same reasons.
    Commenters also questioned how the common retail process of reverse
distribution should be regulated under RCRA. Reverse distribution is
generally a process whereby retailers send consumer products they are
unable to sell in their stores back to a central processing location
where they are audited and financial credit for the items may be
granted by the manufacturer. The products are then evaluated and a
decision is made regarding the final disposition of the item. Items can
be donated, liquidated (sold), sent back to a manufacturer, recycled or
discarded appropriately. Specifically commenters asked about when the
decision is made to discard an item, whether the central processing
location is considered the RCRA generator or whether the originating
retail store should be considered the RCRA generator for that item.
    Finally, aerosol cans make up a large percentage of the retail
sector's hazardous wastestream. Many aerosol cans could be recycled as
scrap metal or have their flammable propellants captured for fuel
recovery. However, retailers manage aerosol cans as hazardous waste
because the recycling activity is not performed at the retail facility.
Also, it is unclear whether or when aerosol cans exhibit the reactivity
characteristic (D003). Thus, the retail sector would like EPA to
determine that aerosol cans without flammable propellants and non-
hazardous contents are not reactive hazardous waste (D003). They would
also like EPA to determine that the previously mentioned recycling
exclusions do apply to retail facilities when aerosol cans are sent for
recycling, and all other hazardous waste aerosol cans can be managed as
Universal Wastes. EPA is interested in the views of our state and
tribal partners regarding this issue.
    Based on these comments and the issues raised at the public
meeting, EPA identified improving the effectiveness of the hazardous
waste policies, guidances or regulations for the retail sector as one
of the 35 priority topics included in the ``Improving Our Regulations:
Final Plan for Periodic Retrospective Reviews of Existing
Regulations.'' In this plan, EPA committed to following up on three
items: (1) To determine whether to issue guidance in the short term
concerning regulation of certain pharmaceutical containers; (2) to
review data about pharmaceutical products that may become wastes and to
address issues as part of a rulemaking on pharmaceutical waste
management; and (3) to analyze information and identify issues about
the regulation's applicability to hazardous wastes generated in the
retail industry, what materials may be affected, what the scope of the
issues are, and what options may exist for addressing the issues.
    Since the release of EPA's plan, EPA has made progress in meeting
these commitments. Specifically:
     In November 2011, EPA issued a memorandum addressing
pharmaceutical containers, a copy of which is included in the docket
for this NODA.\2\ This memorandum clarified the regulations governing
the management of containers which held P-listed (acute) hazardous
waste residues.
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    \2\ Memorandum from Suzanne Rudzinski, Director, Office of
Resource Conservation and Recovery to RCRA Division Directors, U.S.
EPA Regions 1-10, November 4, 2011.
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     Based on comments received on EPA's proposed rule
regarding the regulation of pharmaceutical wastes under the Universal
Waste Rule (UWR) (see 73 FR 75220, December 2, 2008), the Agency is
developing a proposed rule for healthcare facility-specific management
standards for hazardous waste pharmaceuticals.
     EPA has conducted further outreach to stakeholders in the
retail community to gather additional information regarding the
hazardous waste issues they are facing. EPA has held several listening
sessions with Advanced Auto Parts, Ball Corporation, the Consumer
Specialty Products Association (CSPA), COSTHA, GRR Aerosols, Inc., The
Home Depot, the National Association of Chain Drug Stores (NACDS),
RILA, Safeway, and Walmart to better understand the issues the retail
sector encounters in complying with the RCRA hazardous waste generator
regulations.\3\ EPA representatives also conducted site visits at an
Advance Auto Parts retail store, a Lowe's retail store, and a Walmart
retail store, distribution center and return center.
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    \3\ 40 CFR 260.10 defines ``generator'' as ``any person, by
site, whose act or process produces hazardous waste identified or
listed in part 261 of this chapter or whose act first causes a
hazardous waste to become subject to regulation.''
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    These efforts have led to today's NODA.

B. Why We Are Publishing This NODA

    This NODA is part of the Agency's continuing effort to better
understand concerns from all stakeholders about RCRA's applicability to
the retail sector, what materials may be affected, what the full scope
of the issues are, and what options may exist for addressing the
issues.
    EPA notes there have been a number of enforcement actions and
settlements involving EPA, the states and the retail sector. The RCRA
cases have typically involved the mismanagement and disposal of
hazardous consumer products and pharmaceuticals that have become
hazardous waste from retail stores. While the states have taken the
majority of actions against several major retail companies, in 2013,
EPA and the U.S. Department of Justice reached agreement with Walmart
to resolve RCRA, CWA, and FIFRA violations that occurred across the
country. As part of

that agreement, Walmart committed to the continued development and
implementation of a comprehensive, corporate-wide waste management
program (which it started in 2006) to identify and properly manage all
hazardous wastes generated throughout its retail operations.
Specifically, Walmart now has suppliers submit product information to a
third party to evaluate product formulations to determine a product's
regulatory waste status and transportation classification, an
electronic system that provides every employee with waste handling
information for each product through the scanning of the UPC bar code,
a waste management system that utilizes colored buckets to clearly
designate where certain types of waste are accumulated prior to off-
site shipment, and a reverse logistics system to track the disposition
of all items going through their reverse distribution system. Other
retail companies have started to implement similar programs to better
manage their wastes.
    In today's NODA, the EPA will be taking comment on several topics
that were recurring themes in most of the retail enforcement actions.
These recurring topics include where and when a hazardous waste
determination must be made, episodic generation, reverse logistics and
hazardous waste management programs. This list may not fully cover the
issues facing the retail sector, so the EPA has also asked for comments
on areas we have not addressed or new topics that have recently arisen
and were not seen in previous enforcement actions.
    Furthermore, today's notice (1) presents available information that
EPA has assembled on the universe of retail stores and retail
facilities, as well as the universe of retail hazardous waste
generators who have obtained EPA identification numbers and gives
stakeholders the opportunity to provide comments they may have on this
information and (2) offers stakeholders the opportunity to provide
additional information they may have about the RCRA issues retail
stores and retail facilities confront regarding the generation and
management of hazardous waste. While EPA has already obtained
insightful information from major retailers through meetings, public
comments and site visits, EPA also recognizes that the retail sector is
diverse, and would like to ensure that all parts of the industry have
the opportunity to review the information that has been provided and
share their own perspectives about the challenges they face.
    EPA would also like to hear from the states and tribes on how they
regulate and interact with the retail sector and any particular issues
they have seen in implementing the regulations, determining compliance,
etc. For example, during the course of EPA's review, states have
contacted EPA about some issues they have experienced with the retail
sector. In the summer of 2008, the state of Nevada contacted Region 9
asking for assistance with retail reverse logistics. In addition, some
states in developing settlement agreements with retail companies have
included the provision that retail companies work with EPA to promote
the development of national policy regarding reverse logistics and
other retail RCRA issues. Furthermore, it is important EPA hears from
the states to understand how any new policies, guidance or regulations
may impact the current state regulatory framework to ensure that we do
not create adverse impacts to a state's RCRA program. We are especially
seeking any innovative ideas or programs that states have tried with
this sector.
    The NODA also gives community and environmental groups and the
public an opportunity to comment on RCRA and the retail sector. These
stakeholders may possess valuable information that could help EPA in
evaluating next steps and developing policies, guidances and
regulations that impact the retail sector.
    The information requested in this NODA is intended to help the
Agency better understand the issues that have been identified about the
retail sector and provide a forum for stakeholders to present any
additional issues. EPA will use this public input to make informed
decisions about possible next steps to improve the RCRA hazardous waste
policies, guidances or regulations for retail operations.

C. RCRA Hazardous Waste Generator Management Regulations

    One of the core questions retail commenters raised was at what
point in their process is a hazardous waste generated. Thus in order to
provide adequate context, in this section, EPA provides a very brief
explanation of the hazardous waste generation regulations. Under RCRA,
waste generators are the first link in the cradle-to-grave hazardous
waste management system. All generators must determine if their waste
is hazardous at the point of generation and must oversee the ultimate
fate of the waste. In particular, the RCRA federal hazardous waste
regulations require generators to ensure and document that the
hazardous waste they generate is properly identified, managed, and
treated prior to recycling, treatment, storage or disposal. The
regulations applicable to generators of hazardous waste are located in
40 CFR part 261 and part 262. The degree of regulation to which each
generator is subject depends to a large extent on how much hazardous
waste each generator generates every calendar month. Generator status
can range from conditionally exempt small quantity generators (CESQGs),
which are the least regulated generators, to large quantity generators
(LQGs), which are the most regulated generators.

III. Methodology and Data on Which EPA Seeks Comment

A. Data Methodology

    EPA has developed a methodology to estimate the number of retail
stores that generate hazardous waste to better understand the universe
of facilities that may be affected by RCRA compliance issues. Using
data from EPA's RCRAInfo database \4\ and the US Census, we examined a
number of North American Industry Classification System (NAICS) codes
that apply to the retail industry (see below) and made the assumption
that these NAICS codes represent the majority of retailers that
generate hazardous waste. We ask commenters whether this assumption is
correct and to submit information if they believe additional sectors of
the retail industry that generate hazardous waste are not represented
by these NAICs codes.
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    \4\ The RCRAInfo database tracks RCRA Subtitle C facility-
specific data (i.e., events and activities related to hazardous
waste generators, transporters, and treatment storage and disposal
facilities), and hazardous waste activity reports, known as biennial
reports, that are submitted by large quantity generators and
treatment, storage and disposal facilities.

   Table 1--NAICS Codes Representing Majority of Retail HW Generators
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              NAICS Code                   Description of NAICS Code
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441..................................  Motor Vehicle and Parts Dealers.

442..................................  Furniture and Home Furnishings
                                        Stores.
443..................................  Electronics and Appliance Stores.
444..................................  Building Material and Garden
                                        Equipment and Supplies Dealers.
445..................................  Food and Beverage Stores.
446..................................  Health and Personal Care Stores.
447..................................  Gasoline Stations.
448..................................  Clothing and Clothing Accessories
                                        Stores.
451..................................  Sporting Goods, Hobby, Book, and
                                        Music Stores.
452..................................  General Merchandise Stores.
453..................................  Miscellaneous Store Retailers.
454..................................  Nonstore Retailers.
722..................................  Food Services and Drinking
                                        Places.
------------------------------------------------------------------------

    Using 2007 US Census data, we calculated the total number of
facilities that operate under each of these retail NAICS codes. We then
used EPA's RCRAInfo database to identify facilities that had notified
or otherwise reported as hazardous waste generators in these NAICS
codes. Facilities that generate greater than 100 kilograms of hazardous
waste per month--small quantity generators (SQGs) or 1,000 kilograms of
hazardous waste per month or 1 kg of acute hazardous waste per month--
large quantity generators (LQGs) are required to notify EPA or their
authorized state in order to obtain a unique RCRA identification
number. Some states also require conditionally exempt small quantity
generators (CESQGs) to notify and receive a RCRA identification
number.\5\
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    \5\ Some CESQGs will also notify and receive a RCRA
identification number because they are episodic SQGs or LQGs, or
they manifest their hazardous wastes off-site (a hazardous waste
manifest requires the use of a RCRA identification number).
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    From the RCRAInfo database, we estimated the number of LQGs, SQGs,
and CESQGs that had notified or reported under one of the primary NAICS
code listed above. Then for each NAICS code, we calculated the percent
of the total facilities that had notified or reported as a hazardous
waste generator represented by each generator category (LQG, SQG,
CESQG). For example, for NAICS code 441, Motor Vehicle and Parts
Dealers, the RCRAInfo database indicates the total number of hazardous
waste generators is 7,846 of which 0.9% are LQGs, 31.8% are SQGs, and
67.3% are CESQGs, respectively. We then totaled the data for all the
NAICS codes to get total estimates for the retail universe. See Table
2.
    The number of retail facilities identified in the RCRAInfo database
is a subset of the total universe of hazardous waste generating
facilities in the retail sector since not all retailers will generate
an amount of hazardous waste each month sufficient to require RCRA
notification. Furthermore, we believe the estimate of retail sector
hazardous waste generators from the RCRAInfo database to be extremely
low because it is likely that many retail stores and facilities are
CESQGs who, in most states, do not have to notify EPA or the authorized
state to obtain a RCRA identification number and thus are not in the
system. In addition, we believe some portion of the retail universe may
not be aware they have generated hazardous waste and therefore, have
not notified. For all these reasons, we believe the number of retailers
in the RCRAInfo database underestimates the retail sector hazardous
waste generator universe. We also believe that the calculated portions
of the total retail hazardous waste generator universe that are SQGs
and CESQGs are also likely underestimated. This is because the RCRAInfo
database for these categories is limited by the level of detail in
EPA's Biennial Report (BR) since the BR is mandatory only for LQGs.
    Following the results of the above analysis, we then used the 2009
BR to identify the different types and quantities of hazardous waste
generated by LQGs for each retail NAICS code. We then created a spread
sheet that totaled the quantity of hazardous waste generated by each
hazardous waste code across all retail NAICS codes, as well as the
total amount of hazardous waste generated for each NAICS code.
    We request comment on the methodology described above. We also
request that commenters submit any additional procedures, information,
or data that may be used to better characterize the universe of retail
facilities and their hazardous waste generator categories.

B. Data Available on the Universe of Retail Stores and Retail
Facilities and the Amount of Hazardous Waste Generated by These
Facilities

    Table 2 provides an estimate for the retail sector universe of
hazardous waste generator facilities and estimates the percentages in
each generator category (LQG, SQG, and CESQG). Specifically, Table 2
indicates the total universe of retail sector facilities (41,138) that
have notified EPA or an authorized state they generate hazardous waste.
Of this total, about 95 percent are identified as SQGs and CESQGs.
Table 3 displays the total tons of hazardous waste generated by LQGs in
the retail sector in 2009 by NAICS code. As discussed above, EPA
recognizes these estimates have a number of limitations and therefore
involve a great deal of uncertainty. EPA asks commenters to provide any
relevant information that could be used to improve our estimates of the
number of retailers, the number of retailers that generate hazardous
waste, and the distribution of LQGs, SQGs, and CESQGs within this
universe, as well as the total quantity of hazardous waste generated by
the retail sector.

                   Table 2--Comparison of Retail Census Data and Number of Retail Facilities in RCRAInfo Database by Generator Status
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                             Total                      Total
                                           number of   Total number   number of                LQG % of                SQG % of               CESQG % of
                                           facilities    of firms     facilities              facilities              facilities              facilities
    NAICS Code           NAICS Code        according   according to  in RCRAInfo  Number of  in RCRAInfo  Number of  in RCRAInfo  Number of  in RCRAInfo
                         description        to U.S.     U.S. Census     with a       LQGs       with a       SQGs       with a      CESQGs      with a
                                          Census 2007    2007 \7\     generator               generator               generator               generator
                                              \6\                       status                  status                  status                  status
--------------------------------------------------------------------------------------------------------------------------------------------------------
441...............  Motor Vehicle and         125,895       94,291         7,846         73          0.9      2,492         31.8      5,281         67.3
                     Parts Dealers.
442...............  Furniture and Home         65,319       46,532           388          3          0.8         31          8.0        354         91.2
                     Furnishings Stores.
443...............  Electronics and            50,041       30,657           135          4          3.0         48         35.6         83         61.5
                     Appliance Stores.
444...............  Building Material          90,443       62,011         4,066         69          1.7      2,282         56.1      1,715         42.2
                     and Garden
                     Equipment and
                     Supplies Dealers.
445...............  Food and Beverage         146,951      116,280         1,901        141          7.4        223         11.7      1,537         80.9
                     Stores.
446...............  Health and Personal        87,311       43,864         8,074        225          2.8      3,805         47.1      4,044         50.1
                     Care Stores.
447...............  Gasoline Stations...      117,014       66,431         8,941        411          4.6      2,828         31.6      5,702         63.8
448...............  Clothing and              154,935       67,035           135          3          2.2         28         20.7        104         77.0
                     Clothing
                     Accessories Stores.
451...............  Sporting Goods,            57,197       41,057           146          1          0.7         45         30.8        100         68.5
                     Hobby, Book, and
                     Music Stores.
452...............  General Merchandise        46,065       10,460         8,544        914         10.7       4770         55.8      2,860         33.5
                     Stores.
453...............  Miscellaneous Store       120,260       97,730           417         26          6.2        105         25.2        286         68.6
                     Retailers.
454...............  Nonstore Retailers..       61,272       40,168           310         17          5.5         96         31.0        197         63.5
722...............  Food Services and         563,784      423,999           235          6          2.6         21          8.9        208         88.5
                     Drinking Places.
                   =====================================================================================================================================
                 Totals                     1,686,487    1,140,515        41,138      1,893          4.6     16,774         40.8     22,471         54.6
--------------------------------------------------------------------------------------------------------------------------------------------------------

Table 3--Tons of Hazardous Waste Generated by LQGs in 2009 by NAICS Code
------------------------------------------------------------------------
                                                             Amount of
                                   Description of NAICS        waste
           NAICS Code                      Code            generated  in
                                                             tons \8\
------------------------------------------------------------------------
441............................  Motor Vehicle and Parts              83
                                  Dealers.
442............................  Furniture and Home                    0
                                  Furnishings Stores.
443............................  Electronics and                       0
                                  Appliance Stores.
444............................  Building Material and               530
                                  Garden Equipment and
                                  Supplies Dealers.
445............................  Food and Beverage                    41
                                  Stores.
446............................  Health and Personal                 268
                                  Care Stores.
447............................  Gasoline Stations......           1,187
448............................  Clothing and Clothing                10
                                  Accessories Stores.
451............................  Sporting Goods, Hobby,                4
                                  Book, and Music Stores.
452............................  General Merchandise                 608
                                  Stores.
453............................  Miscellaneous Store                  90
                                  Retailers.
454............................  Nonstore Retailers.....          29,601
722............................  Food Services and                     0
                                  Drinking Places.
                                ----------------------------------------
    Total......................  .......................          32,422
------------------------------------------------------------------------

IV. Additional Information That EPA Seeks From Commenters

    EPA is  continuing  its effort to seek  additional information
about retail stores and facilities and their operations in order to
better understand what RCRA compliance challenges they face. This
information will assist EPA in determining associated issues and
identifying options that may exist to address these issues. The
information EPA seeks falls into nine categories: (A) Suggestions for
improving the RCRA hazardous waste policies, guidances and regulations
for retail operations; (B) information about the retail universe and
the hazardous waste generated; (C) information about episodic
generation; (D) information about retail stores' programs for handling
hazardous waste; (E) information about hazardous waste training for
employees; (F) information about aerosol cans; (G) information about
transportation and reverse logistics; (H) information about reverse
logistic centers; and (I) information about sustainability efforts
undertaken by retail facilities.
---------------------------------------------------------------------------

    \6\ 2007 Economic Census EC0700CADV1: All sectors: Core Business
Statistics Series: Advance Summary Statistics for the United States
(2007 NAICS Basis): 2007.
    \7\ Statistics of U.S. Business: 2007 U.S.-Retail Trade NAICS
44. www.census.gov/epcd/susb/2007/us/US44.HTM.
    \8\ Waste totals obtained from the 2009 Biennial Report.
---------------------------------------------------------------------------

    Following each section, we have included a list of suggested
questions as a helpful guide for your consideration in preparing your
comments. EPA provides these questions simply to guide the type of
comments we would find useful for

this inquiry. We encourage commenters to submit any information that
they believe would assist EPA in making the RCRA program more effective
in the retail sector. EPA will consider all comments we receive related
to the nine categories of information described above regardless of
whether they address all, some or none of these specific questions. If
you choose to provide facility-specific data, it would be useful to
provide the name and location (city and state) and the hazardous waste
generator category of the facility (LQG, SQG, CESQG, or other category
as designated by state regulations) where possible.

A. Suggestions for Improving the RCRA Hazardous Waste Management
Policies, Guidances and Regulations for Retail Operations

    The suggested questions below provide a chance for all commenters
to provide input on where they see possibilities to improve the RCRA
hazardous waste policies, guidances or regulations. Commenters,
however, should feel free to provide whatever pertinent information
that would be useful to EPA as we review the hazardous waste program
policies, guidances and regulations.
    Suggested Questions to Consider for Comment Submission:
    (1) What regulatory changes do you recommend that would help ensure
hazardous waste generated by the retail sector is managed in a way that
protects human health and the environment, while providing a regulatory
framework that works with how retail facilities currently operate?
    (2) Do any states or tribes have RCRA policies, guidances or
regulations for retail operations? If so, could you describe them or
submit copies of them, as well as any evaluation of or information on
their effectiveness?
    (3) Do states find common issues at retail facilities? If so, were
you able to alleviate these issues or are there roadblocks preventing
you from fixing the problems?
    (4) Do you have any information which suggests there was or may
have been any disproportional impacts on communities due to the retail
sector's handling of hazardous waste?
    (5) Do certain hazardous wastes generated by retailers pose less
risk to human health and the environment than others? Which ones and
why are the hazards less (e.g., explain how these hazardous wastes
handled in a specific way reduce the possibility of release to the
environment, or how the character or composition ensure that exposure
cannot occur)?
    (6) Are there ways, either through guidance or regulatory changes
that EPA could encourage safe recycling, or reuse of hazardous wastes
generated by the retail sector?

B. Information About the Retail Universe and the Hazardous Waste
Generated

    To better understand the scope of the issues, we request commenters
provide additional data to aid in defining the universe of retail
facilities that generate hazardous wastes. If possible, data should be
categorized by NAICS codes, which describe the primary business
activity performed by a facility. Please provide information regarding
the number of retail facilities generating hazardous waste. In
addition, EPA would like to better understand the operations of retail
facilities, and the types and quantities of hazardous waste generated.
Specifically, we are seeking information about the types of operations
and activities that generate hazardous waste and the associated types
and quantities. For example, it will be very useful to know generally
how much of a retail store's waste qualifies as hazardous waste. Also,
understanding situations, such as upset conditions like product recalls
or customer returns will be helpful to EPA to better understand the
activities that generate hazardous waste in the retail sector and the
challenges in adhering to the existing RCRA hazardous waste
regulations.
    Suggested Questions to Consider for Comment Submission:
    (1) How many retail stores or retail facilities do you operate or
regulate or oversee?
    (2) Can you estimate the distribution of your retail stores by RCRA
regulatory status; e.g., CESQG, SQG, LQG?
    (3) How many different types of products carried or handled by your
retail store do you estimate to be hazardous waste under RCRA (40 CFR
261.3) when discarded? Describe the types of products and volumes
generated monthly.
    (4) For the activities and operations that generate hazardous waste
in the retail setting (e.g., spills, product maintenance or other
services, customer returns, product recalls, seasonal changes of
product, manufacturer-directed changes of product, or facility
operations and maintenance), identify the major RCRA hazardous waste
streams generated, the types of hazards presented, RCRA waste codes for
these hazardous wastes (if readily available), and the quantities
generated.
    (5) Do your retail stores have written procedures for handling
hazardous waste spills? On average, how many spills of hazardous waste
occur monthly?
    (6) Do retail stores generate any wastes that qualify as universal
wastes in 40 CFR 273? \9\ If so, is that waste handled under the full
hazardous waste regulations or under the universal waste regulations?
Describe the types of products and volumes generated monthly. Are there
ways EPA could help the retail sector utilize the U.W. program?
---------------------------------------------------------------------------

    \9\ The following wastes are Universal Waste under the federal
RCRA program: batteries, pesticides, mercury-containing equipment,
and lamps.
---------------------------------------------------------------------------

    (7) How do your retail stores generate and handle recalls that may
potentially become hazardous waste?
    (8) For manufacturer-directed changes of product, how are the
unused products managed? Who determines how these unused products are
managed?
    (9) How do you handle customer returns that may become hazardous
waste?
    (10) If you have pharmaceuticals, what percentage of your monthly
hazardous waste and/or monthly acute hazardous waste quantities are
pharmaceuticals?
    (11) If you have pesticides, what percentage of your monthly
hazardous waste and/or monthly acute hazardous waste quantities are
pesticides?

C. Information About Episodic Generation

    EPA regulations require hazardous waste generators to count the
amount of hazardous waste generated each calendar month to determine
their regulatory status and to manage that waste based on the
regulations associated with that monthly generator status. EPA
understands that retail facilities' regulatory status can periodically
change as a result of certain unusual episodic events, such as a recall
or seasonal merchandise changes. EPA would like to better understand
the ramifications of the hazardous waste regulations in the context of
episodic generation for both the retail sector and the State regulators
by posing the following suggested questions.
    Suggested Questions to Consider for Comment Submission:
    (1) In the course of a calendar year, how often, on average, does a
retail store's quantity of hazardous waste change, resulting in a
change to the retail stores regulatory status from a CESQG to a SQG or
an LQG or an SQG to an LQG?
    (2) When the regulatory status of a store changes, what are the
reasons most

often precipitating this change? More specifically, to what extent are
changes due to recalls, spills, expired products, returns by customers,
or other reasons? Does any one reason stand out?
    (3) How do you currently address changes in a store's regulatory
status? For example, do you factor in the possibility of a more
stringent regulatory status and comply with the more stringent
regulations throughout the year? Do you comply based on the regulatory
status for the month(s) in question? Do you work with your state to
address situations when episodic generation occurs? If so, how? Do you
rely on a service provider to ensure compliance with hazardous waste
laws, including generator status?
    (4) Do you have any suggestions as to how EPA could modify its
rules to account for periodic changes in generator status? Please
address scope (planned or unplanned), frequency of episodic events that
should be allowed over a calendar year without impacting a generator's
regulatory status, on-site and off-site provisions, such as
notification, time to remove materials from the facility and ship them
for recycling or to a RCRA permitted treatment, storage and disposal
facility (TSDF), etc.
    (5) Does your state have a specific policy for dealing with
episodic generation? Have you seen any impacts (e.g., spills or other
releases) from such episodes?

D. Information About Retail Stores' Hazardous Waste Programs

    The retail sector is extremely diverse in terms of products sold
and store size; therefore corporations may have developed specific
methods to manage their hazardous waste generation. We request
commenters provide data that helps characterize how hazardous wastes
are currently being managed at retail establishments. More
specifically, EPA would like to better understand the process or
standard operating procedures facility personnel use to determine
whether their retail products or other wastes are hazardous waste and
how hazardous wastes are handled before being shipped off-site, or
managed on-site by posing the following suggested questions.
    Suggested Questions to Consider for Comment Submission:
    (1) What amount of hazardous waste do you generate in your
store(s)? Monthly? Yearly? Please provide this data in pounds, if
possible.
    (2) Describe what procedures you have in place to classify which
products or other wastes would be hazardous wastes upon discard. For
example, to the extent applicable, please include information on color
coding products, computer based systems, third party services, or
information from suppliers or manufacturers that assist you in making a
hazardous waste determination.
    (3) How and where do you accumulate your hazardous waste at your
facility? Do you have written procedures in place for hazardous waste
management?
    (4) How frequently do you send your hazardous wastes off-site, if
applicable, for management or disposal? Where do you send your
hazardous waste (e.g., a RCRA hazardous waste facility, a municipal
solid waste facility, or a hazardous waste recycler)?
    (5) Does your facility have any specific requirements for
management of hazardous wastes on-site (e.g., secondary containment)?

E. Information About Hazardous Waste Employee Training

    Employee training conditions for hazardous waste generators vary
depending on whether the facility is a CESQG, an SQG, or an LQG. CESQGs
are not required to provide personnel training, while SQGs have basic
provisions and LQGs have more prescriptive provisions. Retail
operations may have difficulty training their staff due to the
relatively high levels of turnover and part time and seasonal
employees. EPA notes that only those employees handling hazardous waste
must be trained. Therefore, EPA seeks answers to the following
suggested questions.
    Suggested Questions to Consider for Comment Submission:
    (1) What is the average number of employees per retail store or
facility?
    (2) How many temporary/seasonal employees on average do individual
retail stores hire each year?
    (3) Do all employees receive RCRA hazardous waste training, or just
permanent employees or employees who handle products or other wastes
that could be hazardous wastes upon discard?
    (4) What types of hazardous waste management training do your
employees receive, if any?
    (5) How many hours of employee training on hazardous waste issues
are required in your retail stores?
    (6) What is the average cost per employee of providing hazardous
waste training to your work force annually?
    (7) Are any employees trained to handle hazardous waste releases or
does the retail store utilize a third party service for cleanup
efforts?

F. Information About Aerosol Cans

    EPA understands the retail sector generates large quantities of
aerosol cans that are discarded. It has been suggested by some members
of the retail sector that waste aerosol cans can be grouped into four
categories: (1) Aerosol cans that contain non-hazardous propellant and
the remaining can contents are non-hazardous (either by listing or
characteristic); (2) aerosol cans that contain propellants that are
traditional ignitable fuel sources such as propane or butane, but the
remaining contents are non-hazardous (either by listing or
characteristic); (3) aerosol cans that contain propellants that are
traditional ignitable fuel sources such as propane or butane, and the
remaining contents are also hazardous (either by listing or
characteristic); and (4) aerosol cans that contain ignitable hazardous
propellants that are not traditional fuel sources, and the remaining
contents may or may not be hazardous (either by listing or
characteristic). EPA would like to gain a better understanding of the
aerosol can wastestream to determine if any action should be taken to
aid in the management of aerosol cans that are discarded. Therefore,
EPA seeks answers to the following suggested questions.
    Suggested Questions to Consider for Comment Submission:
    (1) How many waste aerosol cans does a retail store generate
monthly on average? How many does your entire company average monthly?
    (2) In which categories (from above) do your waste aerosol cans
belong or do they fall under another category? How many waste aerosol
cans do you generate in each category?
    (3) How do you manage your aerosol cans? Are they recycled? Are
they disposed?
    If your store is in California or Colorado, do you handle your
waste aerosol cans as Universal Waste?
    (4) What percentage do the waste aerosol cans constitute in your
total hazardous wastestream?
    (5) What packaging and shipping methods are used to transport
aerosol cans from retail stores?
    (6) Have you ever experienced problems shipping aerosol cans? How
often do you receive aerosol cans that have been damaged in
transportation? (e.g., Did the aerosol can burst from heat? Did a
pallet fall over damaging the aerosol can?)
    (7) Has your State developed any specific approach, whether through
guidance or regulation for aerosol cans?

G. Information About Transportation and Reverse Logistics

    In previous meetings with the retail sector, participants asked if
EPA could harmonize EPA's hazardous waste regulations with DOT's
hazardous material regulations. To evaluate if there maybe viable
options for harmonization, we would like to obtain additional
information about retail shipping practices (in particular reverse
logistics) and how the point of generation of hazardous waste (i.e.,
when and where the hazardous waste is first generated) affects
shipping. Therefore, EPA seeks answers to the following suggested
questions.
    Suggested Questions to Consider for Comment Submission:
    (1) What safeguards do you use to ship retail items through reverse
logistics to ensure minimal damage?
    (2) Are the shipping and packaging procedures you use for sending
retail items through reverse logistics the same as the packaging and
shipping procedures for products coming into the retail store? If not,
how do they differ?
    (3) Of the items sent through reverse logistics, how many are sent
in DOT Classes 1-8, and approximately how many or what percentage are
in each Class?
    (4) What methods do you use to track the shipments and what
information about the shipments is tracked (e.g., amount of shampoo,
brand of shampoo, sku-numbers, etc.)?
    (5) Does your state have specific tracking and reporting
regulations for reverse logistics?

H. Information About Reverse Logistic Centers

    Industry representatives have told us that reverse logistic centers
(RLCs) are critical in maintaining an efficient reverse logistics
system for the retail industry. RLCs can consolidate large quantities
of goods from all the stores in a region, which then allows companies
to resell, recycle, donate or dispose of these items more efficiently
due to economies of scale. Industry representatives have suggested that
sending all of their non-damaged/non-leaking products to an RLC could
increase recycling, donation and reselling due to larger quantities at
one location. To learn more, EPA seeks answers to the following
suggested questions.
    Suggested Questions to Consider for Comment Submission:
    (1) How many reverse logistic centers do your company own and
operate? If you do not own your own RLC, do you use a third party RLC
and how do they operate these centers? Does that third party RLC manage
multiple companies' retail products at the same RLC? Specific issues on
which EPA is soliciting comment are: Point of generation, tracking
multiple companies waste at one center, and waste management.
    (2) How many retail stores are serviced by the RLC and what is the
average distance from a retail store to the RLC?
    (3) What is the regulatory status of the RLC? How many are CESQGs
vs. SQGs vs. LQGs?
    (4) Do you receive credit for your returned retail products? Who
gives you the credit and what is the process for receiving credit
(e.g., receive credit as a manufacturer discount when purchasing the
product)? What is the annual value of credit that you receive?
    (5) What process and procedures does the RLC use to determine if
material will be sold, donated, recycled, or disposed? On average what
types of products and volumes are recycled, disposed, and donated
annually?
    (6) To whom do you donate? Are there certain procedures you take
before donating? Are there certain products you will not donate? Do the
existing RCRA hazardous waste rules present barriers to donating
products? If so, what are they? Has your state adopted policies or
regulations to make it easier for your retail facility to donate
products?
    (7) Do your supplier contracts specify that items not sellable in
the store must be disposed? If so, is it all contracts or can you
estimate, what percentage contain this stipulation?

I. Information About Sustainability Efforts Undertaken by Retail
Facilities

    EPA's programs intend to promote and facilitate sustainability
through sustainable materials management initiatives that seek to
minimize impacts across the entire material lifecycle, from raw
material extraction to waste management strategies, such as recycling
and reuse, as well as through labeling green products and promoting
green chemistry and engineering practices. (http://www.epa.gov/sustainability/) Retail industry representatives have suggested some
concerns about re-using materials containing hazardous wastes and that
the hazardous waste regulations may impede certain sustainability
efforts. To better understand these issues, EPA seeks answers to the
following suggested questions.
    Suggested Questions to Consider for Comment Submission:
    (1) What material reuse issues have you encountered?
    (2) What changes to the hazardous waste generator policies,
guidances or regulations might allow you to increase your company's
sustainability efforts?
    (3) Do your retail stores collect batteries or mercury lamps for
recycling? Do your retail stores collect any other hazardous wastes
from customers?
    (4) Do your retail stores operate collection or buyback programs
for electronics? If so, what mechanism is used for the collection or
buyback program? Are there regulatory barriers to your retail facility
collecting or participating in electronic take-back programs?
    (5) To what extent do you work with your suppliers to identify
products that are classified as hazardous waste upon discard? Please
provide examples.
    (6) To what extent do you work with your suppliers to identify
products that are classified as hazardous waste or initiate changes to
feedstocks or manufacturing processes resulting in products that are
not a hazardous waste upon discard or are reduced in volume or
toxicity? Please provide examples.

    Dated: February 4, 2014.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 2014-02930 Filed 2-13-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Proposed Rules]
[Pages 62767-62768]
[FR Doc No: 2021-24795]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 141

[FRL-9232-01-OW]

The National Drinking Water Advisory Council Microbial and
Disinfection Byproducts Rule Revisions Working Group: Request for
Nominations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Request for nominations.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is requesting that
the National Drinking Water Advisory Council (NDWAC or Council), a
Federal Advisory Committee established under the Safe Drinking Water
Act of 1974, provide the agency with advice and recommendations on key
issues related to potential revisions to the following Microbial and
Disinfection Byproducts (MDBP) rules: Stage 1 and Stage 2 Disinfectants
and Disinfection Byproducts Rules, Surface Water Treatment Rule,
Interim Enhanced Surface Water Treatment Rule, and Long-Term 1 Enhanced
Surface Water Treatment Rule. EPA is seeking consensus advice from the
NDWAC, which would be used to inform the development of potential rule
revisions. To support the work of the Council, EPA is asking the NDWAC
to form a working group, to be called the Microbial and Disinfection
Byproducts Rule Revisions Working Group, that would include
stakeholders with a variety of backgrounds and expertise. The working
group would explore specific issues and identify potential MDBP rule
revisions options for the Council to consider in making its
recommendations to EPA. This announcement solicits nominations of
qualified individuals to serve on the working group. EPA anticipates
the working group would be active approximately from Spring 2022
through mid-2023.

DATES: Nominations should be submitted no later than December 13, 2021
per the instructions below.

ADDRESSES: Please submit nominations and supporting information
electronically, with the subject line ``NDWAC MDBP Working Group'' to
[email protected], as there may be a delay in processing U.S. mail
and no hand deliveries are currently accepted due to the COVID-19
pandemic. If you have concerns about submitting your nomination
electronically, you may contact Elizabeth Corr, the Designated Federal
Official (DFO) for the NDWAC, by email at [email protected]a.gov, with
the subject line ``NDWAC MDBP Working Group,'' or by phone at (202)
564-3798 to discuss a possible alternative delivery method. For more
information on submitting nominations, go to the SUPPLEMENTARY
INFORMATION section of this document.
    For more information on the MDBP Rule Revisions Working Group,
including specific charge to the Council and working group formation
information, visit: https://www.epa.gov/ndwac.

FOR FURTHER INFORMATION CONTACT: Any member of the public wishing
further information regarding this announcement and request for
nominations may contact Elizabeth Corr at [email protected]; or by
phone at<PHONE_NUMBER>. You may also mail Elizabeth Corr at the Office
of Ground Water and Drinking Water, MC: 4601M, Environmental Protection
Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460, but be
advised that there may be a delay in processing U.S. mail and no hand
deliveries will be accepted due to the COVID-19 pandemic. Further
information on the NDWAC can be found at: https://www.epa.gov/ndwac.
For more information about the MDBP rule revisions visit: www.epa.gov/dwsixyearreview/revisions-microbial-and-disinfection-byproducts-rules.

SUPPLEMENTARY INFORMATION: Working Group Nominations: EPA seeks
perspectives from state officials and tribal officials, drinking water
system operators from systems of all sizes, and environmental and
public interest representatives. Any interested person and/or
organization may nominate qualified individuals for possible working
group participation. Interested individuals may self-nominate. EPA
values and welcomes diversity. All qualified individuals are encouraged
to apply regardless of sex, race, disability, or ethnicity. Nominations
should be submitted in time to arrive no later than December 13, 2021.
    EPA will consider all nominations. Criteria to be used in
evaluating nominees includes:
     Demonstrated experience with drinking water issues at the
national, state, or local levels, particularly with knowledge of the
MDPB rules;
     Excellent interpersonal, oral, and written communication
and consensus-building skills;
     Willingness to commit time to the working group and
demonstrated ability to work constructively on committees; and
     Background that would help members contribute to the
diversity of expertise, experience, and perspectives on the working
group, e.g., geographic, economic, social, cultural, educational
backgrounds, professional affiliations, and other considerations.
    Nominations must include a resume that provides the nominee's
background, experience, and educational qualifications, and a brief
statement (one page or less) describing the nominee's interest in
serving on the working group and addressing the other criteria
previously described. EPA encourages nominees to provide any additional
information that may be useful for consideration, such as their
availability to participate as a member of the working group, and how
the nominee's background, skills, and experience would contribute to
the diversity of the working group. Nominees should be identified by
name, occupation, position, current business address, email address,
and telephone number. The DFO will use the email address provided for
the nominee to acknowledge receipt of nominations.
    EPA anticipates that most or all meetings of the working group
would be held virtually. Individuals selected to serve on the working
group may be offered travel expenses and per diem to attend any in-
person meetings.
    NDWAC: Congress created the Council on December 16, 1974, as part
of the Safe Drinking Water Act of 1974, Public Law 93-523, 42 U.S.C.
300j-5. The Council is operated in accordance with the provisions of
the Federal Advisory Committee Act (FACA), 5 U.S.C. App. 2. The Council
consists of 15 members, including the chairperson, all of whom are
appointed by the EPA Administrator. Five members are from appropriate
state and local agencies concerned with water hygiene and public water
supply; five members represent private organizations or groups
demonstrating an active interest in the field of water hygiene and
public water supply--of which two such members shall be associated with
small, rural public water systems; and five members are from the
general public.
    MDBP Rules: On January 11, 2017 (40 FR 141; January 11, 2017) EPA
identified eight contaminants covered by the MDBP rules as candidates
for revision in the agency's review of existing national primary
drinking water regulations (NPDWRs): Chlorite, Cryptosporidium,
Haloacetic acids, Heterotrophic bacteria, Giardia lamblia, Legionella,
Total Trihalomethanes, and viruses. The eight contaminants are included
in the following MDBP rules: Stage 1 and Stage 2 Disinfectants and
Disinfection Byproducts Rules, Surface Water Treatment Rule, Interim

Enhanced Surface Water Treatment Rule, and Long-Term 1 Enhanced Surface
Water Treatment Rule. The purpose of the Surface Water Treatment Rules
(SWTRs) identified as candidates for revision is to reduce disease
incidence associated with pathogens and viruses in drinking water. The
SWTRs require public water systems to filter and disinfect surface
water sources to provide protection from microbial pathogens. The
purpose of the Stage 1 and Stage 2 Disinfectants and Disinfection
Byproducts Rules is to reduce drinking water exposure to disinfection
byproducts which can form in water when disinfectants used to control
microbial pathogens react with natural organic matter found in source
water. If consumed in excess of EPA's standard over many years,
disinfection byproducts may increase health risks.

Jennifer L. McLain,
Director, Office of Ground Water and Drinking Water.
[FR Doc. 2021-24795 Filed 11-10-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 123 (Wednesday, June 26, 2013)]
[Notices]
[Pages 38314-38315]
[FR Doc No: 2013-15180]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2012-0685; FRL-9533-6]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Emission Guidelines for
Commercial and Industrial Solid Waste Incineration Units (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR which is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before July 26, 2013.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2012-0685, to: (1) EPA online, using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
28221T, 1200 Pennsylvania Avenue NW., Washington, DC 20460; and (2) OMB
at: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Avenue
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On October 17, 2012 (77 FR 63813), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any
additional comments on this ICR should be submitted to both EPA and OMB
within 30 days of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2012-0685, which is available for either public
viewing online at http://www.regulations.gov, or in person viewing at
the Enforcement and Compliance Docket in the EPA Docket Center (EPA/
DC), EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, DC.
The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the Enforcement and Compliance Docket is (202)
566-1752.
    Use EPA's electronic docket and comment system at http://www.regulations.gov to either submit or view public comments, access
the index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA
receives them and without change, unless the comment contains
copyrighted material, Confidentiality of Business Information (CBI), or
other information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to
www.regulations.gov.
    Title: Emission Guidelines for Commercial and Industrial Solid
Waste Incineration Units (Renewal).
    ICR Numbers: EPA ICR Number 1927.06, OMB Control Number 2060-0451.
    ICR Status: This ICR is scheduled to expire on June 30, 2013. Under
OMB regulations, the Agency may continue to either conduct or sponsor
the collection of information while this submission is pending at OMB.
    Abstract: The affected entities are subject to the General
Provisions of the Emission Guidelines at 40 CFR part 60, subpart A, and
any changes, or additions to the Provisions specified at 40 CFR part
60, subpart DDDD. Owners or operators of the affected facilities must
submit an initial notification report, performance tests, and periodic
reports and results. Owners or operators are also required to maintain
records of the occurrence and duration of any startup, shutdown, or
malfunction in the operation of an affected facility, or any period
during which the monitoring system is inoperative. Reports are required
semiannually at a minimum.
    Respondents/Affected Entities: Commercial and industrial solid
waste incineration units.
    Estimated Number of Respondents: 90.
    Frequency of Response: Initially, occasionally, semiannually and
annually.
    Estimated Total Annual Hour Burden: 18,061. ``Burden'' is defined
at 5 CFR 1320.3(b).
    Estimated Total Annual Cost: $2,892,789, which includes $1,748,799
in labor costs, no capital/startup costs, and $1,143,990 in operation
and maintenance (O&M) costs.
    Changes in the Estimates: There is a change in the total estimated
respondent and Agency burden and cost as currently identified in the
OMB Inventory of Approved Burdens due to several reasons: (1) The
previous ICR included contractor labor costs associated with annual
stack testing and continuous parameter monitoring as a respondent
burden. Since the contractor labor costs apply solely to O&M
activities, we have revised the ICR to reflect these as O&M costs,
resulting in an apparent decrease in the total

respondent labor burden; (2) this ICR revises the number of respondents
based on more recent information obtained from a 2011 Regulatory Impact
Analysis (RIA) conducted by EPA. The previous ICR estimated 97 existing
sources were subject to the standard; however, the RIA indicates there
are approximately 90 existing sources. This ICR reflects the most
recent information obtained from the 2011 RIA, and contributes to the
apparent decrease in the respondent and Agency labor burdens; and (3)
there is a slight increase in Agency burden costs from the most-
recently approved ICR due to the use of updated labor rates, because
this ICR references labor rates from the Bureau of Labor Statistics to
calculate respondent burden costs and references labor rates from OPM
to calculate Agency burden costs.

Richard T. Westlund,
Acting Director, Collection Strategies Division.
[FR Doc. 2013-15180 Filed 6-25-13; 8:45 am]
BILLING CODE 6560-50-P