agency with each shipment. One commenter suggested that we change the
requirement so that these notifications and certifications are only
required to be prepared once and maintained in the facility's records,
unless there are changes to the treatment process. The commenter
pointed out that it would greatly reduce the burden for the facility if
they were only required to prepare these documents once, and then again
any time the treatment process changes. We agree with this commenter's
point. As long as these notifications and certifications are required
to be maintained in the facility's files and be available for
inspection, there is no reason for the facility to prepare and maintain
multiple copies for each shipment. The information will be available
for inspection at all times. Whereas the proposal did address the
burden of sending notifications and certifications to the regulatory
agency, it did not address the burden associated with the requirement
to send those documents with each waste shipment. This final rule
corrects that omission. Thus, this final rule only requires facilities
(i.e., recyclers) to prepare and maintain notifications and
certifications with the initial shipment of waste, and then to prepare
new documentation only if the waste, the treatment process, or the
receiving facility changes.
6. We Are Eliminating the Requirement to Submit an LDR Notification and
Certification
    Under Sec.  268.9(d), once a characteristic waste is treated so it
is no longer characteristic, a one-time notification and certification
of this fact have to be placed in the generator's or treater's files,
and also sent to EPA or the authorized state. We proposed to eliminate
the requirement to submit the notification to EPA or the authorized
state (the notification and certification would continue to be required
to be kept in the facility's files).
    Almost all commenters supported the proposal to delete the one-time
requirement that the Sec.  268.9(d) notification and certification be
sent to EPA or the authorized state. This is because the notification
and the certification must be placed in the on-site files and would
thus be available for inspection. However, a few commenters opposed the
deletion of these submittals, stating that this information is
valuable. While we agree that the information is valuable, we do not
believe that submitting these documents to the regulatory agency is
necessary to protect human health and the environment. For a number of
years, other LDR notifications and

certifications have not been required to be submitted to the regulatory
agency, but are available for inspection in the facility's on-site
files. Therefore, we believe that this system of recordkeeping is
sufficient and are deleting the notification and certification
submission requirement as proposed.

  Table 14.--Changes to the Requirements for Record Retention and Submittal of Records for Permitted Treatment,
                                        Storage, and Disposal Facilities
----------------------------------------------------------------------------------------------------------------
                                                                           Current regulatory language
                                                               -------------------------------------------------
             CFR section                Regulatory requirement  New regulatory language as amended by the Burden
                                                                                Reduction Rule
----------------------------------------------------------------------------------------------------------------
264.196(f)...........................  Tank Systems. Response   Certification of major repairs. If the owner/
                                        to leaks or spills and   operator has repaired a tank system in
                                        disposition of leaking   accordance with paragraph (e) of this section,
                                        or unfit-for-use tank    and the repair has been extensive (e.g.,
                                        systems.                 installation of an internal liner; repair of a
                                                                 ruptured primary containment or secondary
                                                                 containment vessel), the tank system must not
                                                                 be returned to service unless the owner/
                                                                 operator has obtained a certification by an
                                                                 independent, qualified, registered,
                                                                 professional engineer in accordance with Sec.
                                                                 270.11(d) that the repaired system is capable
                                                                 of handling hazardous wastes without release
                                                                 for the intended life of the system. This
                                                                 certification must be submitted to the Regional
                                                                 Administrator within seven days after returning
                                                                 the tank system to use.
                                                                Certification of major repairs. If the owner/
                                                                 operator has repaired a tank system in
                                                                 accordance with paragraph (e) of this section,
                                                                 and the repair has been extensive (e.g.,
                                                                 installation of an internal liner; repair of a
                                                                 ruptured primary containment or secondary
                                                                 containment vessel), the tank system must not
                                                                 be returned to service unless the owner/
                                                                 operator has obtained a certification by a
                                                                 qualified professional engineer in accordance
                                                                 with Sec.   270.11(d) that the repaired system
                                                                 is capable of handling hazardous wastes without
                                                                 release for the intended life of the system.
                                                                 This certification must be placed in the
                                                                 operating record and maintained until closure
                                                                 of the facility.\18\
----------------------------------------------------------------------------------------------------------------
\18\ The reader is referred to Section III. B. of today's preamble for a discussion of the change from
  ``independent, qualified, registered, professional'' to ``qualified professional engineer''.

     Table 15.--Changes to the Requirements for Record Retention and Submittal of Records for Interim Status
                                   Treatment, Storage, and Disposal Facilities
----------------------------------------------------------------------------------------------------------------
                                                                           Current regulatory language
                                                               -------------------------------------------------
             CFR section                Regulatory requirement  New regulatory language as amended by the Burden
                                                                                Reduction Rule
----------------------------------------------------------------------------------------------------------------
265.90(d)(1).........................  Ground-Water             Within one year after the effective date of
                                        Monitoring.              these regulations, submit to the Regional
                                        Applicability.           Administrator a specific plan, certified by a
                                                                 qualified geologist or geotechnical engineer,
                                                                 which satisfies the requirements of Sec.
                                                                 265.93(d)(3), for an alternate ground-water
                                                                 monitoring system.
                                                                Within one year after the effective date of
                                                                 these regulations, develop a specific plan,
                                                                 certified by a qualified geologist or
                                                                 geotechnical engineer, which satisfies the
                                                                 requirements of Sec.   265.93(d)(3), for an
                                                                 alternate ground-water monitoring system. This
                                                                 plan is to be placed in the facility's
                                                                 operating record and maintained until closure
                                                                 of the facility.
265.90(d)(3).........................  Ground-Water             Prepare and submit a written report in
                                        Monitoring.              accordance with Sec.   265.93(d)(5).
                                        Applicability.
                                                                Prepare a report in accordance with Sec.
                                                                 265.93(d)(5) and place it in the facility's
                                                                 operating record and maintain until closure of
                                                                 the facility.
265.93(d)(2).........................  Ground-Water             Within 15 days after the notification under
                                        Monitoring.              paragraph (d)(1) of this section, the owner or
                                        Preparation,             operator must develop and submit to the
                                        evaluation, and          Regional Administrator a specific plan, based
                                        response.                on the outline required under paragraph (a) of
                                                                 this section and certified by a qualified
                                                                 geologist or geotechnical engineer, for a
                                                                 ground-water quality assessment at the
                                                                 facility.
                                                                Within 15 days after the notification under
                                                                 paragraph (d)(1) of this section, the owner or
                                                                 operator must develop a specific plan, based on
                                                                 the outline required under paragraph (a) of
                                                                 this section and certified by a qualified
                                                                 geologist or geotechnical engineer, for a
                                                                 ground-water quality assessment at the
                                                                 facility. This plan must be placed in the
                                                                 facility operating record and be maintained
                                                                 until closure of the facility.
265.93(d)(5).........................  Ground-Water             The owner or operator must make his first
                                        Monitoring.              determination under paragraph (d)(4) of this
                                        Preparation,             section, as soon as technically feasible, and,
                                        evaluation, and          within 15 days after that determination, submit
                                        response.                to the Regional Administrator a written report
                                                                 containing an assessment of the ground-water
                                                                 quality.
                                                                The owner or operator must make his first
                                                                 determination under paragraph (d)(4) of this
                                                                 section as soon as technically feasible, and
                                                                 prepare a report containing an assessment of
                                                                 the ground-water quality. This report must be
                                                                 placed in the facility operating record and be
                                                                 maintained until closure of the facility.

265.196(f)...........................  Tank Systems. Response   Certification of major repairs. If the owner/
                                        to leaks or spills and   operator has repaired a tank system in
                                        disposition of leaking   accordance with paragraph (e) of this section,
                                        or unfit-for-use tank    and the repair has been extensive (e.g.,
                                        systems.                 installation of an internal liner; repair of a
                                                                 ruptured primary containment or secondary
                                                                 containment vessel), the tank system must not
                                                                 be returned to service unless the owner/
                                                                 operator has obtained a certification by an
                                                                 independent, qualified, registered,
                                                                 professional engineer in accordance with Sec.
                                                                 270.11(d) that the repaired system is capable
                                                                 of handling hazardous wastes without release
                                                                 for the intended life of the system. This
                                                                 certification must be submitted to the Regional
                                                                 Administrator within seven days after returning
                                                                 the tank system to use.
                                                                Certification of major repairs. If the owner/
                                                                 operator has repaired a tank system in
                                                                 accordance with paragraph (e) of this section,
                                                                 and the repair has been extensive (e.g.,
                                                                 installation of an internal liner; repair of a
                                                                 ruptured primary containment or secondary
                                                                 containment vessel), the tank system must not
                                                                 be returned to service unless the owner/
                                                                 operator has obtained a certification by a
                                                                 qualified professional engineer in accordance
                                                                 with Sec.   270.11(d) that the repaired system
                                                                 is capable of handling hazardous wastes without
                                                                 release for the intended life of the system.
                                                                 This certification must be placed in the
                                                                 operating record until closure of the
                                                                 facility.\19\
265.223(a)...........................  Surface Impoundments.    The owner or operator of surface impoundment
                                        Response actions.        units subject to Sec.   265.221(a) must submit
                                                                 a response action plan to the Regional
                                                                 Administrator when submitting the proposed
                                                                 action leakage rate under Sec.   265.222. The
                                                                 response action plan must set forth the actions
                                                                 to be taken if the action leakage rate has been
                                                                 exceeded. At a minimum, the response action
                                                                 plan must describe the actions specified in
                                                                 paragraph (b) of this section.
                                                                (Now Sec.   265.224(a)) The owner or operator of
                                                                 surface impoundment units subject to Sec.
                                                                 265.221(a) must develop and keep on-site until
                                                                 closure of the facility a response action plan.
                                                                 The response action plan must set forth the
                                                                 actions to be taken if the action leakage rate
                                                                 has been exceeded. At a minimum, the response
                                                                 action plan must describe the actions specified
                                                                 in paragraph (b) of this section.
265.259(a)...........................  Waste Piles. Response    The owner or operator of waste pile units
                                        actions.                 subject to Sec.   265.254 must submit a
                                                                 response action plan to the Regional
                                                                 Administrator when submitting the proposed
                                                                 action leakage rate under Sec.   265.255. The
                                                                 response action plan must set forth the actions
                                                                 to be taken if the action leakage rate has been
                                                                 exceeded. At a minimum, the response action
                                                                 plan must describe the action specified in
                                                                 paragraph (b) of this section.
                                                                The owner or operator of waste pile units
                                                                 subject to Sec.   265.254 must develop and keep
                                                                 on-site until closure of the facility a
                                                                 response action plan. The response action plan
                                                                 must set forth the actions to be taken if the
                                                                 action leakage rate has been exceeded. At a
                                                                 minimum, the response action plan must describe
                                                                 the actions specified in paragraph (b) of this
                                                                 section.
265.303(a)...........................  Landfills. Response      The owner or operator of landfill units subject
                                        actions.                 to Sec.   265.301(a) must submit a response
                                                                 action plan to the Regional Administrator when
                                                                 submitting the proposed action leakage rate
                                                                 under Sec.   265.302. The response action plan
                                                                 must set forth the actions to be taken if the
                                                                 action leakage rate has been exceeded. At a
                                                                 minimum, the response action plan must describe
                                                                 the action specified in paragraph (b) of this
                                                                 section.
                                                                The owner or operator of landfill units subject
                                                                 to Sec.   265.301(a) must develop and keep on-
                                                                 site until closure of the facility a response
                                                                 action plan. The response action plan must set
                                                                 forth the actions to be taken if the action
                                                                 leakage rate has been exceeded. At a minimum,
                                                                 the response action plan must describe the
                                                                 actions specified in paragraph (b) of this
                                                                 section.
----------------------------------------------------------------------------------------------------------------
\19\ The reader is referred to today's preamble for a discussion of the change from ``independent, qualified,
  registered, professional engineer'' to ``qualified professional engineer.'' We are also requiring that this
  certification be retained in the operating record until closure of the facility.

    Table 16.--Changes to the Requirements for Record Retention and Submittal of Records for Hazardous Waste
                                                   Generators
----------------------------------------------------------------------------------------------------------------
                                                                           Current regulatory language
                                                               -------------------------------------------------
             CFR section                Regulatory requirement      New regulatory language as amended by the
                                                                              Burden Reduction Rule
----------------------------------------------------------------------------------------------------------------
261.4(a)(9)(iii)(E)..................  General. Exclusions.     Prior to operating pursuant to this exclusion,
                                        Materials which are      the plant owner or operator submits to the
                                        not solid wastes.        appropriate Regional Administrator or state
                                                                 Director a one-time notification stating that
                                                                 the plant intends to claim the exclusion,
                                                                 giving the date on which the plant intends to
                                                                 begin operating under the exclusion, and
                                                                 containing the following language: ``I have
                                                                 read the applicable regulation establishing an
                                                                 exclusion for wood preserving wastewaters and
                                                                 spent wood preserving wastewater and spent wood
                                                                 preserving solutions and understand it requires
                                                                 me to comply at all times with the conditions
                                                                 set out in the regulation.'' The plant must
                                                                 maintain a copy of that document in its on-site
                                                                 records for a period of no less than 3 years
                                                                 from the date specified in the notice. The
                                                                 exclusion applies only so long as the plant
                                                                 meets all of the conditions. If the plant goes
                                                                 out of compliance with any condition, it may
                                                                 apply to the appropriate Regional Administrator
                                                                 or state Director for reinstatement The
                                                                 Regional Administrator or state Director may
                                                                 reinstate the exclusion upon finding that the
                                                                 plant has returned to compliance with all
                                                                 conditions and that violations are not likely
                                                                 to recur.
                                                                Prior to operating pursuant to this exclusion,
                                                                 the plant owner or operator prepares a one-time
                                                                 notification stating that the plant intends to
                                                                 claim the exclusion, giving the date on which
                                                                 the plant intends to begin operating under the
                                                                 exclusion, and containing the following
                                                                 language: ``I have read the applicable
                                                                 regulation establishing an exclusion for wood
                                                                 preserving wastewaters and spent wood
                                                                 preserving solutions and understand it requires
                                                                 me to comply at all times with the conditions
                                                                 set out in the regulation.'' The plant must
                                                                 maintain a copy of that document in its on-site
                                                                 records until closure of the facility. The
                                                                 exclusion applies only so long as the plant
                                                                 meets all of the conditions. If the plant goes
                                                                 out of compliance with any condition, it may
                                                                 apply to the appropriate Regional Administrator
                                                                 or state Director for reinstatement. The
                                                                 Regional Administrator or state Director may
                                                                 reinstate the exclusion upon finding that the
                                                                 plant has returned to compliance with all
                                                                 conditions and that violations are not likely
                                                                 to recur.
268.7(b)(6)..........................  Land Disposal            Where the wastes are recyclable materials used
                                        Restrictions. Testing,   in a manner constituting disposal subject to
                                        tracking, and            the and provisions of Sec.   268.20(b)
                                        recordkeeping            regarding requirements for treatment standards
                                        requirements for         and prohibition levels, the owner or operator
                                        generators, treaters,    of a treatment facility (i.e., the recycler) is
                                        and disposal             not required to notify the receiving facility,
                                        facilities.              pursuant to paragraph (b)(3) of this section.
                                                                 With each shipment of such wastes, the owner or
                                                                 operator of the recycling facility must submit
                                                                 a certification described in paragraph (b)(4)
                                                                 of this section, and a notice which includes
                                                                 the information listed in paragraph (b)(3) of
                                                                 this section (except the manifest number) to
                                                                 the Regional Administrator, or his delegated
                                                                 representative. The recycling facility also
                                                                 must keep records of the name and location of
                                                                 each entity receiving the hazardous waste-
                                                                 derived product.
                                                                Where the wastes are recyclable materials used
                                                                 in a manner constituting disposal subject to
                                                                 the provisions of Sec.   266.20(b) \20\ of this
                                                                 chapter regarding treatment standards and
                                                                 prohibition levels, the owner or operator of a
                                                                 treatment facility (i.e., the recycler) must,
                                                                 for the initial shipment of waste, prepare a
                                                                 one-time certification described in paragraph
                                                                 (b)(4) of this section, and a one-time notice
                                                                 which includes the information in paragraph
                                                                 (b)(3) of this section (except the manifest
                                                                 number). The certification and notification
                                                                 must be placed in the facility's on-site files.
                                                                 If the waste or the receiving facility changes,
                                                                 a new certification and notification must be
                                                                 prepared and placed in the on-site files. In
                                                                 addition, the recycling facility must also keep
                                                                 records of the name and location of each entity
                                                                 receiving the hazardous waste-derived product.
268.9(d).............................  Land Disposal            Wastes that exhibit a characteristic are also
                                        Restrictions. Special    subject to Sec.   268.7 requirements, except
                                        rules regarding wastes   that once the waste is no longer hazardous, a
                                        that exhibit a           one-time notification and certification must be
                                        characteristic.          placed in the generators or treaters files and
                                                                 sent to the EPA region or authorized state. The
                                                                 notification and certification that is placed
                                                                 in the generators or treaters files must be
                                                                 updated if the process or operation generating
                                                                 the waste changes and/or if the subtitle D
                                                                 facility receiving the waste changes. However,
                                                                 the generator or treater need only notify the
                                                                 EPA region or an authorized state on an annual
                                                                 basis if such changes occur. Such notification
                                                                 and certification should be sent to the EPA
                                                                 region or authorized state by the end of the
                                                                 calendar year, but no later than December 31.
                                                                Wastes that exhibit a characteristic are also
                                                                 subject to Sec.   268.7 requirements, except
                                                                 that once the waste is no longer hazardous, a
                                                                 one-time notification and certification must be
                                                                 placed in the generator's or treater's files.
                                                                 The notification and certification must be
                                                                 updated if the process or operation generating
                                                                 the waste changes and/or if the subtitle D
                                                                 facility receiving the waste changes.
----------------------------------------------------------------------------------------------------------------
\20\ In the previous regulatory language, the citation referred to Sec.   268.20(b), however, this was an error.
  In today's rule, we are correcting this error by referring to the correct citation which is Sec.   266.20(b).

I. We Are Making Selected Changes to the Requirements for Document
Submittal

1. We Are Streamlining the Procedure for Obtaining a Variance From
Classification as a Solid Waste
    A regulatory agency may grant a variance from classification as a
solid waste for materials that are reclaimed and then reused as
feedstock within the original production process in which the materials
were generated. The regulation lists eight criteria that are to be used
in determining if the request for a variance is to be granted. One of
the criteria is a requirement to demonstrate the prevalence of the
practice on an industry-wide basis.
    The proposed rule described a proposal to eliminate the requirement
that applicants for this variance submit information on the prevalence
of the practice on an industry-wide basis. The Agency found that this
information was less important in making the decision than the other
factors and could be difficult for a facility to provide.
    Four commenters agreed with the proposal to eliminate the
requirement. One pointed out the difficulty of obtaining such
information, particularly in the batch and speciality chemical
industry. Three states also supported eliminating the requirement.
Three other commenters opposed eliminating the requirement, arguing
that the information is important in determining whether the
reclamation process is an essential part of the production process.
    While the Agency believes that this information can be useful in
some cases, we also believe that such industry-wide information about
these practices is not critical in demonstrating or determining that
reclamation is an essential part of production. We believe that a
successful demonstration can be made without this information. We also
acknowledge that this information may be very difficult, and in some
cases, impossible for one company to obtain. We are, therefore,
eliminating the requirement in Sec.  260.31(b)(2) that applicants
provide industry-wide information.
2. We Are Streamlining the Requirements for Treatability Study Reports
for Testing Facilities
    Treatability studies are studies at laboratories and testing
facilities in which hazardous waste is tested to evaluate the
effectiveness of a treatment process. (See definition in 40 CFR 260.)
Facilities conducting treatability studies are excluded from the
standard hazardous waste management requirements if they comply with
certain requirements described in Sec.  261.4(f). Paragraph (9)
requires the facility to submit to the regulatory agency an annual
report that includes: (1) An estimate of the number of studies and the
amount of waste expected to be used in treatability studies during the
current year; and (2) information on the treatability studies conducted
during the previous year.
    We proposed to reduce burden by eliminating the requirement to
submit an estimate of the number of treatability studies and amount of
waste expected to be used in treatability studies in the upcoming year.
The proposal explained that the requirement is duplicative because the
same information is submitted in the annual report at a later date.
However, the change to the regulations specified in the regulatory text
of the proposal unintentionally eliminated the entire paragraph (9) of
Sec.  261.4(f), thus proposing to eliminate both the requirement to
submit estimates for the current year, as well as information for the
previous year.
    The majority of commenters (seven) supported elimination of the
estimates. They did so with the apparent understanding that only the
requirement to provide estimates for the coming year was to be
eliminated, and that the requirement to submit information for the
previous year would remain in place. Most agreed with the proposal to
eliminate the estimates based on the rationale in the preamble that the
information would be provided at a later date. Two commenters did point
out that eliminating all of Sec.  261.4(f)(9) also eliminates the
requirement for providing any report, including the submittal of
information from the previous year.
    We agree with commenters that the estimate of upcoming activities
are unnecessary since the same information will be provided later in
the annual report, and the information provided on past activities will
be more accurate than estimates of the future. We are, therefore,
eliminating the requirement in Sec.  261.4(f)(9) to submit estimates of
the number of studies and the amount of waste to be used in
treatability studies for the current year, but are retaining the
requirement for preparing and submitting an annual report providing
information for the previous year.
3. We Are Streamlining the Requirements for Ground-Water Monitoring
    As previously discussed in the October 29, 2003 NODA (68 FR 61662),
hazardous waste treatment, storage, and disposal facilities must
implement ground-water monitoring as a condition for receiving a RCRA
permit. EPA requires a phased approach to ground-water monitoring
(detection monitoring, compliance monitoring, corrective action).
Ground-water monitoring systems must consist of a sufficient number of
wells, properly located and constructed, and capable of ensuring that
the ground-water impacts of a treatment, storage, or disposal unit can
be determined. Sampling and analysis procedures must also be capable of
determining both background quality of ground water and quality at the
point of compliance.
    If hazardous constituents are detected in ground water, more
detailed monitoring may be required. In this case, a facility would
need additional wells, sampling, and analysis to determine the extent
and rate of contaminant migration, to determine if the ground-water
protection standard is violated, and to indicate the need for, or
effectiveness of, corrective action.
    Detection monitoring is the first phase of ground-water monitoring,
and is designed to detect a change in ground-water quality in wells
surrounding a regulated unit. A potential release from the unit, or
impacts from activities up gradient of the unit, may cause this change.
For detection monitoring, ground-water monitoring wells are installed
up-gradient of the unit and at the point of compliance. Facilities then
monitor for each indicator parameter or hazardous constituent specified
in the permit.
    Compliance monitoring occurs when hazardous waste constituents are
detected down-gradient of the unit. The permitting authority will
establish hazardous constituent standards for facilities undergoing
compliance monitoring.
    The third phase of ground-water monitoring, corrective action, is
required when hazardous constituents exceed the ground-water protection
standards at the point of compliance. Once this has occurred, the owner
or operator must remedy the situation by removing the hazardous
constituents or treating them in place.
    We are modifying the Sec.  264.99(g) requirement that facilities
performing compliance monitoring conduct an annual 40 CFR Part 264
Appendix IX (the ground-water monitoring chemical list) analysis of all
monitoring wells. We are allowing, on a case-by-case basis, as
authorized by a permit authority, sampling from a subset of the wells.
Appendix IX analyses are costly at large facilities, and analyzing all
wells does not necessarily contribute to protection of human health and
the environment. This is especially the case if there are

multiple units and wells at a facility, and only one unit shows signs
of contamination.
    In addition, monitoring for constituents that are not likely to be
found at a site is wasteful and does not increase the protection of
monitoring programs. We, therefore, are also modifying Sec.
264.98(g)(2) to give the Regional Administrator discretion on a case-
by-case basis to allow sampling for a subset of the Appendix IX
constituents. While this change was proposed for Sec.  264.98(c), upon
re-evaluation, we decided it is more appropriate to amend Sec.
264.98(g)(2) and leave Sec.  264.98(c) unchanged. Decisions on what
constituents must be sampled will be based on the regulatory agencies'
judgment of what amount of sampling supports the protection of human
health and the environment, as well as the level of knowledge of what
contaminants could be present at a site. As a commenter pointed out,
this subsection prior to today did not require that all samples must be
analyzed for every chemical parameter and hazardous constituent listed
in Appendix IX. Today's rule eliminates ambiguity by specifically
confirming that sampling for a site-specific subset of constituents is
allowable.
    Based on a comment we received, we also are revising Sec.
264.98(d) to allow for alternative sampling procedures as provided in
Sec.  264.97(g)(2). Under Sec.  264.98(d), a facility must collect at
least four samples from each well at least semi-annually. This
provision has resulted in sites being required to sample four times
within a single monitoring event, despite the contradiction with Sec.
264.97(g)(2) which allows for an alternate sampling procedure. To
reduce some of the burden related to this sampling and reporting, we
are removing the last sentence from Sec.  264.98(d) (requiring a
facility to collect at least four samples from each well at least semi-
annually). We are also eliminating the last sentence in Sec.  264.99(f)
(requiring a facility to collect at least four samples from each well
at least semi-annually). These changes will prevent Sec.  264.98(d) and
Sec.  264.99(f) from unintentionally trumping the flexibility granted
by Sec.  264.97(g)(2).
    Finally, based on another comment received, we are also changing
the re-sampling requirements in Sec.  264.98(g)(3) and Sec.  264.99(g)
from ``may resample within one month'' to ``may resample within one
month or at an alternative site-specific time frame approved by the
Administrator.'' This change allows for sampling to be based on site-
specific hydrogeologic conditions. It also can be burdensome for
facilities to resample wells within 30 days, because this time frame
can allow, in some circumstances, insufficient time to evaluate the
original data set, perform quality assurance evaluations, and re-
mobilize the sampling team.

Table 17.--Changes to the Requirements for Document Submittal for Variances From Classification as a Solid Waste
                         and for Testing Facilities Regarding Treatability Study Reports
----------------------------------------------------------------------------------------------------------------
                                                                           Current regulatory language
                                                               -------------------------------------------------
             CFR section                Regulatory requirement  New regulatory language as amended by the Burden
                                                                                Reduction Rule
----------------------------------------------------------------------------------------------------------------
260.31(b)(2).........................  Rulemaking Petitions.    The prevalence of the practice on an industry-
                                        Standards and criteria   wide basis.
                                        for variances from
                                        classification as a
                                        solid waste.
                                                                Section 260.31(b)(2) has been deleted from the
                                                                 regulatory text.
261.4(f)(9)..........................  General. Exclusions.     The facility prepares and submits a report to
                                        Samples undergoing       the Regional Administrator, or state Director
                                        treatability studies     (if located in an authorized state), by March
                                        at laboratories and      15 of each year that estimates the number of
                                        testing facilities.      studies at studies and the amount of waste
                                                                 laboratories and expected to be used in
                                                                 treatability testing studies during the current
                                                                 year, and facilities. includes the following
                                                                 information for the previous calendar year:
                                                                The facility prepares and submits a report to
                                                                 the Regional Administrator, or state Director
                                                                 (if located in an authorized state), by March
                                                                 15 of each year, that includes the following
                                                                 information for the previous calendar year:
----------------------------------------------------------------------------------------------------------------

   Table 18.--Changes to the Requirements for Document Submittal for Permitted Treatment, Storage and Disposal
                                                   Facilities
----------------------------------------------------------------------------------------------------------------
                                                                           Current regulatory language
                                                               -------------------------------------------------
             CFR section                Regulatory requirement  New regulatory language as amended by the Burden
                                                                                Reduction Rule
----------------------------------------------------------------------------------------------------------------
264.98(d)............................  Releases from Solid      The Regional Administrator will specify the
                                        Waste Management         frequencies for collecting samples and
                                        Units. Detection         conducting statistical tests to determine
                                        monitoring program.      whether there is statistically significant
                                                                 evidence of contamination for any parameter or
                                                                 hazardous constituent specified in the permit
                                                                 under paragraph (a) of this section in
                                                                 accordance with Sec.   264.97(g). A sequence of
                                                                 at least four samples from each well
                                                                 (background and compliance wells) must be
                                                                 collected at least semi-annually during
                                                                 detection monitoring.
                                                                The Regional Administrator will specify the
                                                                 frequencies for collecting samples and
                                                                 conducting statistical tests to determine
                                                                 whether there is statistically significant
                                                                 evidence of contamination for any parameter or
                                                                 hazardous constituent specified in the permit
                                                                 conditions under paragraph (a) of this section
                                                                 in accordance with Sec.   264.97(g).
264.98(g)(2).........................  Releases from Solid      Immediately sample the ground water in all
                                        Waste Management         monitoring wells and determine whether
                                        Units. Detection         constituents in the list of appendix IX of part
                                        monitoring program.      264 are present, and if so, in what
                                                                 concentration.

                                                                Immediately sample the ground water in all
                                                                 monitoring wells and determine whether
                                                                 constituents in the list of appendix IX of part
                                                                 264 are present, and if so, in what
                                                                 concentration. However, the Regional
                                                                 Administrator, on a discretionary basis, may
                                                                 allow sampling for a site-specific subset of
                                                                 constituents from the Appendix IX list of this
                                                                 part and other representative/related waste
                                                                 constituents.
264.98(g)(3).........................  Releases from Solid      For any appendix IX compounds found in the
                                        Waste Management         analysis pursuant to paragraph (g)(2) of this
                                        Units. Detection         section, the owner or operator may resample
                                        monitoring program.      within one month and repeat the analysis for
                                                                 those compounds detected. If the results of the
                                                                 second analysis confirm the initial results,
                                                                 then these constituents will form the basis for
                                                                 compliance monitoring. If the owner or operator
                                                                 does not resample for the compounds found
                                                                 pursuant to paragraph (g)(2) of this section,
                                                                 the hazardous constituents found during this
                                                                 initial appendix IX analysis will form the
                                                                 basis for compliance monitoring.
                                                                For any appendix IX compounds found in the
                                                                 analysis pursuant to paragraph (g)(2) of this
                                                                 section, the owner or operator may resample
                                                                 within one month or at an alternative site-
                                                                 specific schedule approved by the Administrator
                                                                 and repeat the analysis for those compounds
                                                                 detected. If the results of the second analysis
                                                                 confirm the initial results, then these
                                                                 constituents will form the basis for compliance
                                                                 monitoring. If the owner or operator does not
                                                                 resample for the compounds in paragraph (g)(2)
                                                                 of this section, the hazardous constituents
                                                                 found during this initial appendix IX analysis
                                                                 will form the basis for compliance monitoring.
264.99(f)............................  Releases from Solid      The Regional Administrator will specify the
                                        Waste Management         frequencies for collecting samples and
                                        Units. Compliance        conducting statistical tests to determine
                                        monitoring program.      statistically significant evidence of increased
                                                                 contamination in accordance with Sec.
                                                                 264.97(g). A sequence of at least four samples
                                                                 from each well (background and compliance
                                                                 wells) must be collected at least semi-annually
                                                                 during the compliance period of the facility.
                                                                The Regional Administrator will specify the
                                                                 frequencies for collecting samples and
                                                                 conducting statistical tests to determine
                                                                 statistically significant evidence of increased
                                                                 contamination in accordance with Sec.
                                                                 264.97(g).
264.99(g)............................  Releases from Solid      The owner or operator must analyze samples from
                                        Waste Management         all monitoring wells at the compliance point
                                        Units. Compliance        for all constituents contained in appendix IX
                                        monitoring program.      of part 264 at least annually to determine
                                                                 whether additional hazardous constituents are
                                                                 present in the uppermost aquifer and, if so at
                                                                 what concentrations, pursuant to procedures in
                                                                 Sec.   264.98(f). If the owner or operator
                                                                 finds appendix IX constituents in the ground
                                                                 water that are not already identified in the
                                                                 permit as monitoring constituents, the owner or
                                                                 operator may resample within one month and
                                                                 repeat the appendix IX analysis. If the second
                                                                 analysis confirms the presence of new
                                                                 constituents, the owner or operator must report
                                                                 the concentration of these additional
                                                                 constituents to the Regional Administrator
                                                                 within seven days after the completion of the
                                                                 second analysis and add them to the monitoring
                                                                 list. If the owner or operator chooses not to
                                                                 resample, then he or she must report the
                                                                 concentrations of these additional constituents
                                                                 to the Regional Administrator within seven days
                                                                 after completion of the initial analysis and
                                                                 add them to the monitoring list.
                                                                Annually, the owner or operator must determine
                                                                 whether additional hazardous constituents from
                                                                 appendix IX of this 264, which could possibly
                                                                 be present but are not on the detection
                                                                 monitoring list in the permit, are actually
                                                                 present in the uppermost aquifer and, if so, at
                                                                 what concentration, pursuant to procedures in
                                                                 Sec.   264.98(f). To accomplish this, the owner
                                                                 or operator must consult with the Regional
                                                                 Administrator to determine on a case-by-case
                                                                 basis: (1) Which sample collection event during
                                                                 the year will involve enhanced sampling; (2)
                                                                 the number of monitoring wells at the
                                                                 compliance point to undergo enhanced sampling;
                                                                 (3) the number of samples to be collected from
                                                                 each of these monitoring wells; and, (4) the
                                                                 specific constituents from Appendix IX of this
                                                                 264 for which these samples must be analyzed.
                                                                 If the enhanced sampling event indicates that
                                                                 appendix IX constituents are present in the
                                                                 ground water that are not already identified in
                                                                 the permit as monitoring constituents, the
                                                                 owner or operator may resample within one month
                                                                 or at an alternative site-specific schedule
                                                                 approved by the Regional Administrator, and
                                                                 repeat the analysis. If the second analysis
                                                                 confirms the presence of new constituents, the
                                                                 owner or operator must report the concentration
                                                                 of these additional constituents to the
                                                                 Regional Administrator within seven days after
                                                                 the completion of the second analysis and add
                                                                 them to the monitoring list. If the owner or
                                                                 operator chooses not to resample, then he or
                                                                 she must report the concentrations of these
                                                                 additional constituents to the Regional
                                                                 Administrator within seven days after
                                                                 completion of the initial analysis, and add
                                                                 them to the monitoring list.
----------------------------------------------------------------------------------------------------------------

J. We Are Making Selected Changes to the Requirements for Semi-Annual
Reports to Annual Reports

1. We Are Changing the Requirement for a Semi-Annual Report Detailing
the Effectiveness of the Corrective Action Program
    Section 264.100(g) requires the owner or operator of a permitted
facility to report in writing to the Regional Administrator on the
effectiveness of the corrective action program. These reports must be
submitted semi-annually. We are now requiring an annual report instead
of a semi-annual report. While this change was not in the proposed
rule, it was identified in the comments received and was discussed in
the October 29, 2003 NODA (68 FR 61668). It is a change that conforms
to the change we are making to Sec.  264.113(e)(5) and was supported by
a majority of the commenters.
2. We Are Changing the Requirement for a Semi-Annual Report Describing
the Progress of the Corrective Action Program
    We proposed lengthening the reporting frequency for corrective
action effectiveness reports required by Sec. Sec.  264.113(e)(5) and
265.113(e)(5). These reports are currently required to be submitted
semi-annually and include a description of the progress of the
corrective action program, all ground-water monitoring data, and an
evaluation of the effect of the continued receipt of non-hazardous
wastes on the effectiveness of the corrective action. We received
comments, mainly from the states, on this proposed regulatory change.
Several states suggested giving the regulatory agency the flexibility
of establishing report submittals on a case-by-case basis. Other states
suggested the reports be submitted at least annually. Still another
state suggested that the semi-annual submittal of reports is preferred
because it allows the state to identify inadequate monitoring systems
earlier, which in turn, could save the facilities needless ground-water
monitoring expenses.
    After reviewing the comments submitted, we have decided to
promulgate the changes as proposed. Ground-water cleanup is generally a
multi-year effort. Thus, we believe that annual submittal of these
reports will not jeopardize the protection of human health and the
environment.

 Table 19.--Reduced Frequency for Submittal of Reports for Permitted Treatment, Storage and Disposal Facilities
----------------------------------------------------------------------------------------------------------------
                                                                           Current regulatory language
                                                               -------------------------------------------------
             CFR section                Regulatory requirement  New regulatory language as amended by the Burden
                                                                                Reduction Rule
----------------------------------------------------------------------------------------------------------------
264.100(g)...........................  Releases from Solid      The owner or operator must report in writing to
                                        Waste Management         the Regional Administrator on the effectiveness
                                        Units. Corrective        of the corrective action program. The owner or
                                        action program.          operator must submit these reports semi-
                                                                 annually.
                                                                The owner or operator must report in writing to
                                                                 the Regional Administrator on the effectiveness
                                                                 of the corrective action program. The owner or
                                                                 operator must submit these reports annually.
264.113(e)(5)........................  Closure and Post-        During the period of corrective action, the
                                        Closure. Closure; time   owner or operator shall provide semi-annual
                                        allowed for closure.     reports to the Regional Administrator that
                                                                 describe the progress of the corrective action
                                                                 program, compile all ground-water monitoring
                                                                 data, and evaluate the effect of the continued
                                                                 receipt of non-hazardous wastes on the
                                                                 effectiveness of the corrective action.
                                                                During the period of corrective action, the
                                                                 owner or operator shall provide annual reports
                                                                 to the Regional Administrator describing the
                                                                 progress of the corrective action program,
                                                                 compile all ground-water monitoring data, and
                                                                 evaluate the effect of the continued receipt of
                                                                 non-hazardous wastes on the effectiveness of
                                                                 the corrective action.
----------------------------------------------------------------------------------------------------------------

    Table 20.--Reduced Frequency for Submittal of Reports for Interim Status Treatment, Storage and Disposal
                                                   Facilities
----------------------------------------------------------------------------------------------------------------
                                                                           Current regulatory language
                                                               -------------------------------------------------
             CFR section                Regulatory requirement  New regulatory language as amended by the Burden
                                                                                Reduction Rule
----------------------------------------------------------------------------------------------------------------
265.113(e)(5)........................  Closure and Post-        During the period of corrective action, the
                                        Closure. Closure; time   owner or operator shall provide semi-annual
                                        allowed for closure.     reports to the Regional Administrator that
                                                                 describe the progress of the corrective action
                                                                 program, compile all ground-water monitoring
                                                                 data, and evaluate the effect of the continued
                                                                 receipt of non-hazardous wastes on the
                                                                 effectiveness of the corrective action.
                                                                During the period of corrective action, the
                                                                 owner or operator shall provide annual reports
                                                                 to the Regional Administrator describing the
                                                                 progress of the corrective action program,
                                                                 compile all ground-water monitoring data, and
                                                                 evaluate the effect of the continued receipt of
                                                                 non-hazardous wastes on the effectiveness of
                                                                 the corrective action.
----------------------------------------------------------------------------------------------------------------

IV. What Regulatory Requirements Will Remain in the CFR?

    Commenters opposed a number of the burden reduction changes that we
either proposed or noticed in our October 29, 2003 NODA. After thorough
analysis of the comments, and in consultation with state
representatives, we have decided (at least for the present time) to
retain these regulatory requirements. Stakeholders persuaded us that
these changes could delete important recordkeeping and reporting
requirements that were necessary in order to protect human health and
the environment. Stakeholders, particularly the states, also provided
arguments as to

the importance of retaining their oversight role when dealing with
leaks and spills of hazardous waste. Table 21--Regulatory Requirements
That Will Remain in the CFR, identifies those proposed regulatory
sections that we are not promulgating in today's rule.
    For information on what commenters said regarding particular
provisions and the Agency's response, the reader is referred to the
following document, Response to Comments Background Document that can
be found in the rulemaking docket.

     Table 21.--Regulatory Requirements That Will Remain in the CFR
------------------------------------------------------------------------
         CFR section                     Regulatory requirement
------------------------------------------------------------------------
261.38.......................  Lists of Hazardous Wastes. Comparable/
                                syngas fuel exclusion.
261.38(c)(1)(i)(A)...........  Submit a one-time comparable/syngas fuel
                                notice to the permitting agency.
264/5.16.....................  General Facility Standards. Personnel
                                training.
264/5.16(d)(1)...............  Record the job title.
264/5.16(d)(2)...............  Record job description.
264/5.16(d)(3)...............  Record type and amount of training
                                employees will be provided.
264.90.......................  Releases From Solid Waste Management
                                Units. Applicability.
264.90(a)(2).................  Comply with the requirements of 264.101
                                with exceptions for surface
                                impoundments, waste piles, land
                                treatment unit, or landfills.
264/5.98.....................  Releases From Solid Waste Management
                                Units. Detection monitoring program.
264.98(c)....................  Conduct and maintain ground-water
                                monitoring.
264.98(g)(1).................  Prepare and submit a notification of
                                contamination.
264.98(g)(5)(ii).............  Prepare and submit an engineering
                                feasibility plan for corrective action.
264.98(g)(6)(i)-(ii).........  Prepare and submit a notification of
                                intent to make a demonstration.
264.99.......................  Releases From Solid Waste Management
                                Units. Compliance monitoring program.
264.99(h)(1).................  Prepare and submit a notification of
                                exceeded concentration limits.
264.99(i)(1)-(2).............  Prepare and submit a notification of
                                intent to make a demonstration.
264/5.174....................  Use and Management of Containers.
                                Inspections.
264/5.174....................  Inspect containers weekly.
264/5.193....................  Tank Systems. Leak detection systems for
                                tanks.
264.193(c)(3)................  Demonstration.
264.193 (c)(4)...............  Demonstration.
264/5.193(e)(3)(iii).........  Demonstrate to EPA that technology and
                                site conditions do not allow detection
                                of release within 24 hours.
264/5.193(g).................  Variance from leak detection systems for
                                tanks.
264/5.193(h).................  Variance from leak detection systems for
                                tanks.
264.196......................  Tank Systems. Response to leaks or spills
                                and disposition of leaking or unfit-to
                                use tank systems.
264.196(d)(1)................  Notify EPA of release.
264.196(d)(2)................  Notify EPA of release.
264.196(d)(3)................  Submit report describing release.
264/5.223....................  Surface Impoundments. Response actions.
264/5.223(b)(1)..............  Notify EPA in writing if flow rate
                                exceeds Action Leakage Rate for any sump
                                within 7 days.
264/5.223(b)(2)..............  Submit a written assessment to the
                                Regional Administrator within 14 days of
                                determination of leakage.
264/5.223(b)(6)..............  Compile and submit information to EPA
                                each month the Action Leakage Rate is
                                exceeded.
264.253......................  Waste Piles. Response actions.
264.253(b)(1)................  Notify EPA in writing of the exceedence
                                within 7 days of the determination.
264.253(b)(2)................  Submit a written assessment to the
                                Regional Administrator within 14 days of
                                determining leakage.
264.253(b)(6)................  Compile and submit information to the EPA
                                each month that the Action Leakage Rate
                                is exceeded.
264.278......................  Land Treatment. Unsaturated zone
                                monitoring.
264.278(g)(1)................  Prepare and submit a notice of
                                statistically significant increases in
                                hazardous constituents below treatment
                                zone.
264.278(h)(1)-(2)............  Prepare and submit a notice of intent to
                                make a demonstration that other sources
                                or error led to increases below
                                treatment zone.
264.304......................  Landfills. Response actions.
264.304(b)(1)................  Notify EPA if Action Leakage Rate is
                                exceeded within 7 days of determination.
264.304(b)(2)................  Submit a written assessment to the
                                Regional Administrator within 14 days of
                                determination of leakage.
264.304(b)(6)................  Submit information to EPA each month the
                                Action Leakage Rate is exceeded.
264.573......................  Drip Pads. Design and operating
                                standards.
264.573(m)(1)(iv)............  Notify EPA in writing of release.
264.573(m)(2)................  Regional Administrator will make a
                                determination and will notify owner/
                                operator of the determination.
264.573(m)(3)................  Notify EPA and certify completion of
                                repairs.
264.1036.....................  Air Emission Standards for Process Vents.
                                Reporting requirements.
264.1036(a)..................  Notify EPA semi-annually of exceedences.
264.1065.....................  Air Emission Standards for Equipment
                                Leaks. Reporting requirements.
264.1065(a)..................  Notify EPA semi-annually of exceedences.
264/5.1101...................  Containment Buildings. Design and
                                operating standards.
265.1101(c)(2)...............  Certify by qualified professional
                                engineer.
264/5.1101(c)(3)(i)(D).......  Notify EPA in writing of release.
264/5.1101(c)(3)(ii)-(iii)...  Notify EPA and verify in writing that the
                                cleanup and repairs have been completed
                                after a release.
264/5.1101(c)(4).............  Inspection frequency.
265.1(b).....................  Purpose, scope, and applicability.
265.93.......................  Ground-Water Monitoring. Preparation,
                                evaluation, and response.
265.93(c)(1).................  Notify of increased indicator parameter
                                concentrations.
265.93(d)(1).................  Notify of increased indicator parameter
                                concentrations.
265.93(e)....................  Any ground-water assessment to satisfy
                                the requirements of Sec.   265.93(d)(4)
                                which is initiated prior to final
                                closure must be completed and reported
                                in accordance with Sec.   265.93(d)(5).

265.93(f)....................  Evaluate data and if Sec.   265.91(a) are
                                not satisfied, immediately modify the
                                number, location, or depth of the
                                monitoring wells.
265.94.......................  Ground-Water Monitoring. Recordkeeping
                                and reporting.
265.94(a)(2)(i)..............  Prepare and submit a quarterly report of
                                concentrations of values of the drinking
                                water suitability parameters.
265.94(a)(2)(ii).............  Prepare and submit a report on indicator
                                parameter concentrations and
                                evaluations.
265.94(a)(2)(iii)............  Prepare and submit a report on ground-
                                water surface elevations.
265.94(b)(2).................  Prepare and submit a report on the
                                results of the ground-water quality
                                assessment program.
265.259......................  Waste Piles. Response actions.
265.259(b)(1)................  Notify EPA in writing within 7 days of
                                determination.
265.259(b)(2)................  Submit a written assessment to the
                                Regional Administrator within 14 days of
                                determination of leakage.
265.259(b)(6)................  Submit information to EPA each month that
                                the Action Leakage Rate is exceeded.
265.276......................  Land Treatment. Food-chain crops.
265.276(a)...................  Submit notification for food-chain crops
                                at land treatment facility.
265.303......................  Landfills. Response actions.
265.303(b)(1)................  Notify EPA if Action Leakage Rate is
                                exceeded within 7 days of determination.
265.303(b)(2)................  Submit a written assessment to the
                                Regional Administrator within 14 days of
                                determination of leakage.
265.303(b)(6)................  Submit information to EPA each month the
                                Action Leakage Rate is exceeded.
265.443......................  Drip Pads. Design and operating
                                requirements.
265.443(m)(1)(iv)(2).........  Notify EPA of release and provide written
                                notice of procedures and schedule for
                                cleanup.
265.443(m)(2)................  Regional Administrator will make a
                                determination and notify the owner/
                                operator of the determination.
265.443(m)(3)................  Notify Regional Administrator and certify
                                completion of repairs.
266.103......................  Hazardous Waste Burned in Boilers and
                                Industrial Furnaces. Interim status
                                standards for burners.
266.103(b)(2)(ii)(D).........  Certification of pre-compliance.
268.7........................  Land Disposal Restrictions. General.
                                Testing, tracking, and recordkeeping
                                requirements for generators, treaters,
                                and disposal facilities.
268.7(a)(6)..................  Requirement to keep in the facility's
                                files all supporting data and waste
                                analysis data for ``knowledge of the
                                waste'' determinations and for testing
                                determinations.
268.7(d)(1)..................  Requirement to submit to the regulatory
                                authority one-time notifications that
                                hazardous debris is excluded form the
                                definition of hazardous waste.
270.17(d)....................  Permit Application. Specific part B
                                information requirements for surface
                                impoundments.
------------------------------------------------------------------------

V. We Will Implement This Rule Via the Class I Permit Modification
Process Without Prior Approval

    Several comments on the proposed rule pointed out that implementing
many of the changes in the proposal would require a Class 2 Permit
modification for facilities with permits (see the following Web site
for information about Permit modifications: http://www.epa.gov/

epaoswer/hotline/training/perm.pdf). Obtaining a Class 2 Permit
modification requires a substantial effort on the part of a regulated
facility, which is contrary to the intent of today's rule. We believe
the changes in this rule will provide no significant risk to human
health or the environment, and thus, we prefer that these changes
become effective as quickly as possible so that the paperwork reduction
benefits from the rule can be realized.
    Therefore, in our October 29, 2003 NODA, we requested comment on
allowing permitted facilities to use the Class 1 permit modification
procedure, with prior Agency approval, to implement the changes arising
from this rulemaking. We also requested comment on whether the Class 1
permit modifications should be without prior Agency approval.
    States represented by the Association of State and Territorial
Solid Waste Management Officials (ASTSWMO) requested that we use the
Class 1 permit modification procedure with prior Agency approval. They
expressed an interest in retaining oversight in the implementation of
our burden reductions. After weighing this interest against the
interest in achieving savings as soon as possible, we have decided in
favor of not delaying the benefits of this rule. This is based on our
judgment that, in general, the risks associated with these changes are
negligible. We will allow the changes in today's rule to be implemented
as Class 1 permit modifications without prior approval, except for a
permit modification for reduced inspection frequency for Performance
Track member facilities which will be implemented as a Class 1 permit
modification with prior approval. To implement this approach, we are
adding regulatory language and an entry to the permit modification
classification table in Appendix I to 270.42, denoting modifications
pursuant to the burden reduction rule. However, we wish to point out
that, unless state law prevents it, states can be more stringent than
the EPA rules if there are specific concerns with the consequences of
these changes in any state. All states also can use the omnibus
authority of RCRA Section 3005(c) for specific facilities where they
believe there is risk due to site-specific circumstances not identified
in our rulemaking process. This will allow states to retain oversight
where they choose to do so.

VI. How Will Today's Regulatory Changes Be Administered and Enforced in
the States?

A. Applicability of Federal Rules in Authorized States

    Under section 3006 of RCRA, EPA may authorize qualified states to
administer their own hazardous waste programs in lieu of the federal
program within the state. Following authorization, EPA retains
enforcement authority under sections 3008, 3013, and 7003 of RCRA,
although authorized states have primary enforcement responsibility. The
standards and requirements for state authorization are found at 40 CFR
Part 271.
    Prior to enactment of the Hazardous and Solid Waste Amendments of
1984 (HSWA), a state with final RCRA authorization administered its
hazardous waste program entirely in lieu of EPA administering the
federal program in that state. The federal requirements no longer
applied in the authorized state, and EPA could not issue permits for
any facilities in that state, since only the state was authorized to
issue RCRA permits. When new, more stringent federal

requirements were promulgated, the state was obligated to enact
equivalent authorities within specified time frames. However, the new
federal requirements did not take effect in an authorized state until
the state adopted the federal requirements as state law.
    In contrast, under RCRA section 3006(g) (42 U.S.C. 6926(g)), which
was added by HSWA, new requirements and prohibitions imposed under HSWA
authority take effect in authorized states at the same time that they
take effect in unauthorized states. EPA is directed by the statute to
implement these requirements and prohibitions in authorized states,
including the issuance of permits, until the state is granted
authorization to do so. While states must still adopt HSWA related
provisions as state law to retain final authorization, EPA implements
the HSWA provisions in authorized states until the states do so.
    Authorized states are required to modify their programs only when
EPA enacts federal requirements that are more stringent or broader in
scope than existing federal requirements. RCRA section 3009 allows the
states to impose standards more stringent than those in the federal
program (see also 40 CFR 271.1). Therefore, authorized states may, but
are not required to, adopt federal regulations, both HSWA and non-HSWA,
that are considered less stringent than previous federal regulations.

B. Authorization of States for Today's Rule

    Today's rule affects many aspects of the RCRA program and is
promulgated pursuant to both HSWA and non-HSWA statutory authority.
Today's rule amends a number of provisions in the RCRA regulations
which were promulgated pursuant to HSWA. These provisions include,
among others, the land disposal restrictions and the regulation of air
emissions from hazardous waste facilities, which were promulgated
pursuant to authority in sections 3004(m) and (o) respectively, of
RCRA. Therefore, the Agency is adding the rule to Table 1 in 40 CFR
271.1(j), which identifies the Federal program requirements that are
promulgated pursuant to the statutory authority that was added by HSWA.
    Other sections of today's rule are being promulgated pursuant to
non-HSWA authority. All of the HSWA and non-HSWA requirements in
today's rulemaking are equivalent to, or less stringent than, the
existing provisions in the Federal regulations which they would amend.
Authorized states are required to modify their program only when EPA
promulgates Federal regulations that are more stringent or broader in
scope than the authorized state regulations. For those changes that are
less stringent or reduce the scope of the Federal program, states are
not required to modify their program. This is a result of section 3009
of RCRA, which allows states to impose more stringent regulations than
the Federal program. Therefore, states are not required to adopt and
seek authorization for this rulemaking. EPA will implement this
rulemaking only in those states which are not authorized for the RCRA
program, and will implement provisions promulgated pursuant to HSWA
only in those states which have not received authorization for the HSWA
provision that is amended today.
    Nevertheless, this rule will provide significant benefits to EPA,
states, and the regulated community, without compromising human health
or environmental protection. Because this rulemaking will not become
effective in authorized states until they have adopted and are
authorized for it, we strongly encourage states to amend their programs
and seek authorization for today's rule. EPA will try to act promptly
on any such requests for authorization.

VII. Statutory and Executive Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether a regulatory action is significant and
therefore subject to OMB review and the requirements of the Executive
Order. The Order defines significant regulatory action as one that is
likely to result in a rule that may: (1) Have an annual effect on the
economy of $100 million or more or adversely affect in a material way
the economy, a sector of the economy, productivity, competition, jobs,
the environment, public health or safety, or state, local, or tribal
governments or communities; (2) create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or (4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
    Although this rule clarifies inconsistencies in the regulations and
decreases burden, it is still considered a significant regulatory
action under the terms of Executive Order 12866 since it addresses one
of the President's priorities of reducing burden.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
This rule is promulgating changes to the regulatory requirements of the
RCRA hazardous waste program to reduce the paperwork burden certain
requirements impose on the States, EPA, and the regulated community.
EPA estimates that the reporting and recordkeeping hour burden
reduction for this rule ranges from 22,000 hours to 37,500 hours. EPA
also estimates that the reporting and recordkeeping cost burden
reduction for this rule ranges from approximately $2 million to $3
million. The Office of Management and Budget (OMB) has previously
approved the information collection requirements contained in the
existing regulations 40 CFR parts 260, 261, 264, 265, 266, 268, 270,
and 271, under the provisions of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq. The burden reduction resulting from this rulemaking will
affect the following seven existing Information Collection Requests
(ICRs): OMB control number 2050-0033, Facility Groundwater Monitoring
Requirements, EPA ICR number 0959.12; OMB control number 2050-0035,
Hazardous Waste Generator Standards, EPA ICR number 0820.09; OMB
control number 2050-0050, Hazardous Waste Specific Unit Requirements
and Special Waste Processes and Types, EPA ICR number 1572.06; OMB
control number 2050-0053, Identification, Listing and Rulemaking
Petitions, EPA ICR number 1189.14; OMB control number 2050-0073,
Boilers and Industrial Furnaces: General Hazardous Waste Facility
Standards, Specific Unit Requirements and Part B Permit Application and
Modifications Requirements, EPA ICR number 1361.10; OMB control number
2050-0085, Land Disposal Restrictions, EPA ICR number 1442.18; OMB
control number 2050-0120, General Hazardous Waste Facility Standards,
EPA ICR number 1571.07. A copy of these OMB approved Information
Collection Requests (ICR) may be obtained from Susan Auby, Collection
Strategies Division; U.S. Environmental Protection Agency (2822T); 1200
Pennsylvania Ave., NW., Washington, DC 20460 or by calling (202) 566-
1672.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop,

acquire, install, and utilize technology and systems for the purposes
of collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to be able to respond to
a collection of information; search data sources; complete and review
the collection of information; and transmit or otherwise disclose the
information.
    An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of the final rule on small
entities, a ``small entity'' is defined as: (1) A small business as
defined by the Small Business Administration's (SBA) regulations at 13
CFR 121.201; (2) a small governmental jurisdiction that is a government
of a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of today's final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule.
    The final rule is specifically intended to reduce, not increase,
the paperwork and related burdens of the RCRA hazardous waste program.
For businesses in general, including all small businesses, the
regulatory changes will reduce the labor time and other costs of
preparing, keeping records of, and submitting reports to the Agency.
The final rule, for example, reduces the frequency by which businesses
must conduct specified recordkeeping and reporting activities (e.g.,
decreased inspection frequency for hazardous waste tanks from daily to
weekly). It also eliminates certain recordkeeping and reporting
requirements altogether, i.e., in cases where the documents are little
used by the public or regulators. In addition, the rule eliminates
redundancies between the RCRA regulations and other regulatory programs
(e.g., RCRA and OSHA requirements for personnel training), thereby
streamlining facilities' compliance activities. Finally, the rule
provides increased flexibility in how waste handlers may comply with
the regulations (e.g., establishment of decreased inspection
frequencies for facilities in the National Performance Track Program).
We have therefore concluded that today's final rule will relieve
regulatory burden for all affected small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
establishes requirements for Federal agencies to assess the effects of
their regulatory actions on state, local, and tribal governments and
the private sector. Under Section 202 of the UMRA, EPA must prepare a
written statement for rules with Federal mandates that may result in
the expenditure by state, local, and tribal governments, in the
aggregate, or by the private sector, of $100 million or more in any one
year. Before promulgating a rule for which a written statement is
needed, Section 205 of the UMRA requires EPA to identify and consider a
reasonable number of regulatory alternatives and adopt the least
costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of Section 205 do
not apply when they are inconsistent with applicable law. Moreover,
Section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation of why that
alternative was not adopted.
    Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must have developed, under Section 203 of the UMRA, a
small government agency plan. The plan must provide for notifying
potentially affected small governments; enabling officials of affected
small governments to provide meaningful and timely input in the
development of EPA regulatory proposals with significant federal
intergovernmental mandates; and informing, educating, and advising
small governments on compliance with the regulatory requirements.
    EPA has determined that the final rule does not contain a federal
mandate that may result in expenditures of $100 million or more by
State, local, and tribal governments, in the aggregate, or by the
private sector, in any one year. In addition, the rule contains no
regulatory requirements for small governments. Thus, the final rule is
not subject to the requirements of Sections 202, 203, and 205 of the
UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132 requires EPA to develop an accountable
process to ensure ``meaningful and timely input by state and local
officials in the development of regulatory policies that have
Federalism implications.'' As defined in Executive Order 13132,
``policies that have Federalism implications'' include regulations,
legislative comments or proposed legislation, and other policy
statements or actions that have substantial direct effects on the
states, on the relationship between the National Government and the
states, or on the distribution of power and responsibilities among the
various levels of government.
    Under Section 6 of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal Government provides the funds necessary to pay the direct
compliance costs incurred by state and local governments, or EPA
consults with state and local officials early in the process of
developing the proposed regulation. EPA may not issue a regulation that
has federalism implications and that preempts state law, unless the
Agency consults with state and local officials early in the process of
developing the proposed regulation.
    The final rule does not have federalism implications. It will not
have

substantial direct effects on the states, on the relationship between
the National Government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132, because it will not impose any
requirements on states or any other level of government. As explained
above, the final rule eliminates or relaxes many of the paperwork
requirements in the regulations. Because these changes are equivalent
to or less stringent than the existing federal program, states will not
be required to adopt and seek authorization for them. Thus, the
requirements of Section 6 of the Executive Order do not apply to this
rule.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175 requires EPA to develop an accountable
process to ensure ``meaningful and timely input by Tribal officials in
the development of regulatory policies that have Tribal implications.''
As defined in Executive Order 13175, ``policies that have Tribal
implications'' include regulations, legislative comments or proposed
legislation, and other policy statements or actions that have
substantial direct effects on one or more Indian Tribes, on the
relationship between the Federal Government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian Tribes.
    The final rule does not have tribal implications. It will not have
substantial direct effects on Tribal governments, on the relationship
between the Federal Government and Indian Tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian Tribes, as specified in Executive Order 13175. As
explained above, the final rule eliminates or relaxes many of the
paperwork requirements in the regulations. Thus, Executive Order 13175
does not apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental
Health & Safety Risks

    Executive Order 13045 applies to any rule that may: (1) Be
``economically significant'under Executive Order 12866 (i.e., a
rulemaking that has an annual effect on the economy of $100 million or
more or would adversely affect in a material way the economy, a sector
of the economy, productivity, competition, jobs, the environment,
public health or safety, or state, local, or tribal governments or
communities), and (2) concern an environmental health or safety risk
that EPA has reason to believe may have a disproportionate effect on
children. If the regulatory action meets both criteria, the Agency must
evaluate the environmental health or safety effects of the planned rule
on children, and explain why the planned regulation is preferable to
other potentially effective and reasonably feasible alternatives
considered by the Agency.
    EPA has determined that the final rule is not subject to Executive
Order 13045 because it is not an ``economically significant'' rule as
defined by Executive Order 12866. EPA also expects the rule does not
have a disproportionate effect on children's health. The basic reason
for this finding is that the rule modifies or eliminates paperwork
requirements that were deemed unnecessary or infrequently used by
regulators. However, the rule preserves the technical requirements
underlying these paperwork requirements. In addition, regulators
continue to have access to all facility paperwork held on site, should
the need arise.
    In addition, EPA has reduced the inspection frequency of tank
systems from each operating day to at least weekly, provided that the
tank systems have full secondary containment with leak detection
equipment or established workplace practices that will alert facility
personnel. SQG tank systems are required to have secondary containment
with leak detection equipment or established workplace practices to
adopt the weekly inspections.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    Executive Order 13211 requires EPA to prepare and submit a
Statement of Energy Effects to OMB for those matters identified as
significant energy actions. As defined in Executive Order 13211, a
``significant energy action'' is any action by an agency (normally
published in the Federal Register) that promulgates or is expected to
lead to the promulgation of a final rule or regulation, including
notices of inquiry, advance notices of proposed rulemaking, and notices
of proposed rulemaking that: (1) Is a significant regulatory action
under Executive Order 12866 or any successor order and is likely to
have a significant adverse effect on the supply, distribution, or use
of energy; or (2) is designated by OMB as a significant energy action.
    The final rule does not involve the supply, distribution, or use of
energy. Thus, Executive Order 13211 does not apply to this rule.

I. National Technology Transfer and Advancement Act of 1995

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, directs EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures) that are developed
or adopted by voluntary consensus standards bodies. The NTTAA also
directs EPA to provide Congress, through OMB, explanations when the
Agency decides not to use available and applicable voluntary consensus
standards.
    The final rule does not involve technical standards. Therefore, EPA
did not consider the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Under Executive Order 12898, as well as through EPA's April 1995
``Environmental Justice Strategy, OSWER Environmental Justice Task
Force Action Agency Report'' and National Environmental Justice
Advisory Council, EPA has undertaken to incorporate environmental
justice into its policies and programs. EPA is committed to addressing
environmental justice concerns, and is assuming a leadership role in
environmental justice initiatives to enhance environmental quality for
all residents of the U.S. The Agency's goals are to ensure that no
segment of the population, regardless of race, color, national origin,
or income, bears disproportionately high and adverse human health and
environmental effects as a result of EPA's policies, programs, and
activities.
    EPA has considered the impacts of the final rule on low-income
populations and minority populations and concluded that there are no
disproportionately high impacts under the rule. The basic reason for
this finding is that the rule modifies or eliminates paperwork
requirements that were deemed unnecessary or infrequently used by
regulators. However, the rule preserves the technical requirements
underlying these paperwork requirements. In addition, regulators
continue to have access to all facility paperwork held on site, should
the need arise.

    In addition, EPA has reduced the inspection frequency of tank
systems from each operating day to at least weekly, provided that the
tank systems have full secondary containment with leak detection
equipment or workplace practices that will alert facility personnel.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective May 4, 2006.

List of Subjects

40 CFR Part 260

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste Reporting and
recordkeeping requirements.

40 CFR Part 261

    Excluded hazardous waste, Hazardous waste, Reporting and
recordkeeping requirements.

40 CFR Part 264

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

40 CFR Part 265

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

40 CFR Part 266

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

40 CFR Part 268

    Hazardous waste, Reporting and recordkeeping requirements.

40 CFR Part 270

    Administrative practice and procedure, Confidential business
information, Hazardous materials transportation, Hazardous waste,
Reporting and recordkeeping requirements, Water pollution control,
Water supply.

40 CFR Part 271

    Administrative practice and procedure, Confidential business
information, Hazardous materials transportation, Hazardous waste,
Indians-lands, Intergovernmental relations, Penalties, Reporting and
recordkeeping requirements, Water pollution control, Water supply.

    Dated: March 15, 2006.
Stephen L. Johnson,
Administrator.

0
For the reasons set out in the preamble, title 40 of the Code of
Federal Regulations is amended as follows:

PART 260--HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

0
1. The authority citation for part 260 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935,
6937, 6938, 6939, and 6974.

Subpart B--Definitions

0
2. Section 260.10 is amended by adding in alphabetical order the
definition of ``Performance Track member facility'' to read as follows:

Sec.  260.10  Definitions.

* * * * *
    Performance Track member facility means a facility that has been
accepted by EPA for membership in the National Environmental
Performance Track Program and is still a member of the Program. The
National Environmental Performance Track Program is a voluntary,
facility based, program for top environmental performers. Facility
members must demonstrate a good record of compliance, past success in
achieving environmental goals, and commit to future specific quantified
environmental goals, environmental management systems, local community
outreach, and annual reporting of measurable results.
* * * * *

Subpart C--Rulemaking Petitions

Sec.  260.31  [Amended]

0
3. Section 260.31 is amended by removing paragraph (b)(2) and
redesignating paragraphs (b)(3) through (b)(8) as (b)(2) through
(b)(7).

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

0
4. The authority citation for part 261 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y), and
6938.

Subpart A--General

0
5. Section 261.4 is amended by revising paragraphs (a)(9)(iii)(E) and
(f)(9) introductory text to read as follows:

Sec.  261.4  Exclusions.

    (a) * * *
    (9) * * *
    (iii) * * *
    (E) Prior to operating pursuant to this exclusion, the plant owner
or operator prepares a one-time notification stating that the plant
intends to claim the exclusion, giving the date on which the plant
intends to begin operating under the exclusion, and containing the
following language: ``I have read the applicable regulation
establishing an exclusion for wood preserving wastewaters and spent
wood preserving solutions and understand it requires me to comply at
all times with the conditions set out in the regulation.'' The plant
must maintain a copy of that document in its on-site records until
closure of the facility. The exclusion applies so long as the plant
meets all of the conditions. If the plant goes out of compliance with
any condition, it may apply to the appropriate Regional Administrator
or state Director for reinstatement. The Regional Administrator or
state Director may reinstate the exclusion upon finding that the plant
has returned to compliance with all conditions and that the violations
are not likely to recur.
* * * * *
    (f) * * *
    (9) The facility prepares and submits a report to the Regional
Administrator, or state Director (if located in an authorized state),
by March 15 of each year, that includes the following information for
the previous calendar year:
* * * * *

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

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

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

Subpart B--General Facility Standards

0
7. Section 264.15 is amended by revising paragraph (b)(4) (the comment
to paragraph (b)(4) is unchanged), and adding paragraph (b)(5) 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, except for Performance Track member facilities, that must inspect
at least once each month, upon approval by the Director, as described
in paragraph (b)(5) of this section. 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 of this part, where applicable.
* * * * *
    (5) Performance Track member facilities that choose to reduce their
inspection frequency must:
    (i) Submit a request for a Class I permit modification with prior
approval to the Director. The modification request must identify the
facility as a member of the National Environmental Performance Track
Program and identify the management units for reduced inspections and
the proposed frequency of inspections. The modification request must
also specify, in writing, that the reduced inspection frequency will
apply for as long as the facility is a Performance Track member
facility, and that within seven calendar days of ceasing to be a
Performance Track member, the facility will revert to the non-
Performance Track inspection frequency. Inspections must be conducted
at least once each month.
    (ii) Within 60 days, the Director will notify the Performance Track
member facility, in writing, if the request is approved, denied, or if
an extension to the 60-day deadline is needed. This notice must be
placed in the facility's operating record. The Performance Track member
facility should consider the application approved if the Director does
not: deny the application; or notify the Performance Track member
facility of an extension to the 60-day deadline. In these situations,
the Performance Track member facility must adhere to the revised
inspection schedule outlined in its request for a Class 1 permit
modification and keep a copy of the application in the facility's
operating record.
    (iii) Any Performance Track member facility that discontinues their
membership or is terminated from the program must immediately notify
the Director of their change in status. The facility must place in its
operating record a dated copy of this notification and revert back to
the non-Performance Track inspection frequencies within seven calendar
days.
* * * * *

0
8. Section 264.16 is amended by adding new paragraph (a)(4) to read as
follows:

Sec.  264.16  Personnel training.

    (a)(1) * * *
    (4) For facility employees that receive emergency response training
pursuant to Occupational Safety and Health Administration (OSHA)
regulations 29 CFR 1910.120(p)(8) and 1910.120(q), the facility is not
required to provide separate emergency response training pursuant to
this section, provided that the overall facility training meets all the
requirements of this section.
* * * * *

Subpart D--Contingency Plan and Emergency Procedures

0
9. Section 264.52 is amended by revising paragraph (b) to read as
follows:

Sec.  264.52  Content of contingency plan.

* * * * *
    (b) If the owner or operator has already prepared a Spill
Prevention, Control, and Countermeasures (SPCC) Plan in accordance with
part 112 of this chapter, or part 1510 of chapter V, or some other
emergency or contingency plan, he need only amend that plan to
incorporate hazardous waste management provisions that are sufficient
to comply with the requirements of this part. The owner or operator may
develop one contingency plan which meets all regulatory requirements.
EPA recommends that the plan be based on the National Response Team's
Integrated Contingency Plan Guidance (``One Plan''). When modifications
are made to non-RCRA provisions in an integrated contingency plan, the
changes do not trigger the need for a RCRA permit modification.
* * * * *

Sec.  264.56  [Amended]

0
10. Section 264.56 is amended by removing paragraph (i) and
redesignating paragraph (j) as paragraph (i).

Subpart E--Manifest System, Recordkeeping, and Reporting

0
11. Section 264.73 is amended by revising paragraphs (b) introductory
text, (b)(1), (b)(2) (the comment to (b)(2) remains unchanged), (b)(6),
(b)(8), and (b)(10), and by adding paragraphs (b)(18) and (b)(19) to
read as follows:

Sec.  264.73  Operating record.

* * * * *
    (b) The following information must be recorded, as it becomes
available, and maintained in the operating record for three years
unless noted as follows:
    (1) A description and the quantity of each hazardous waste
received, and the method(s) and date(s) of its treatment, storage, or
disposal at the facility as required by appendix I of this part. This
information must be maintained in the operating record until closure of
the facility;
    (2) The location of each hazardous waste within the facility and
the quantity at each location. For disposal facilities, the location
and quantity of each hazardous waste must be recorded on a map or
diagram that shows each cell or disposal area. For all facilities, this
information must include cross-references to manifest document numbers
if the waste was accompanied by a manifest. This information must be
maintained in the operating record until closure of the facility.
* * * * *
    (6) Monitoring, testing or analytical data, and corrective action
where required by subpart F of this part and Sec. Sec.  264.19,
264.191, 264.193, 264.195, 264.222, 264.223, 264.226, 264.252-264.254,
264.276, 264.278, 264.280, 264.302-264.304, 264.309, 264.602,
264.1034(c)-264.1034(f), 264.1035, 264.1063(d)-264.1063(i), 264.1064,
and 264.1082 through 264.1090 of this part. Maintain in the operating
record for three years, except for records and results pertaining to