[Federal Register: April 4, 2006 (Volume 71, Number 64)]
[Rules and Regulations]
[Page 16861-16915]
[DOCID:fr04ap06-7]

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Part II

Environmental Protection Agency

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40 CFR Parts 260, 261 et al.

Resource Conservation and Recovery Act Burden Reduction Initiative;
Final Rule

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 260, 261, 264, 265, 266, 268, 270, and 271

[RCRA-2001-0039: FRL-8047-3]
RIN 2050-AE50

Resource Conservation and Recovery Act Burden Reduction
Initiative

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA), in accordance with
the goals of the Paperwork Reduction Act (PRA), is promulgating changes
to the regulatory requirements of the Resource Conservation and
Recovery Act (RCRA) hazardous waste program to reduce the paperwork
burden these requirements impose on the states, EPA, and the regulated
community. EPA has estimated that the total annual hour savings under
the final rule ranges from 22,000 hours to 37,500 hours per year. The
total annual cost savings under the final rule ranges from
approximately $2 million to $3 million. This rulemaking will streamline
our information collection requirements, ensuring that only the
information that is actually needed and used to implement the RCRA
program is collected and the goals of protection of human health and
the environment are retained.

DATES: This final rule is effective on May 4, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-RCRA-1999-0031. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,

some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
http://www.regulations.gov or in hard copy at the RCRA Docket, EPA/DC,

EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. This
Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the RCRA
docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Elaine Eby, Waste Minimization Branch,
Hazardous Waste Minimization and Management Division, Office of Solid
Waste (5302W), Environmental Protection Agency, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>, fax
number:<PHONE_NUMBER>, e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

General Information

A. Does This Action Apply to Me?

    This rule applies to entities regulated under the Resource
Conservation and Recovery Act, including manufacturing, transportation,
utilities, the waste treatment industry, and the mineral processing
industry. This list is not intended to be exhaustive, but rather
provides a guide for readers regarding entities likely to be affected
by this action. To determine whether your facility, company, or
business is regulated by this action, you should carefully examine 40
CFR parts 260 through 273. If you have questions regarding the
applicability of this action to a particular entity, consult the person
listed in the preceding FOR FURTHER INFORMATION CONTACT section.

B. Table of Contents

I. Statutory Authority
II. Background, Purpose, and Summary of Today's Action
III. What Burden Reduction Changes Are We Making?
    A. Changes to the Amount of Time Records Must Be Kept
    1. We Are Reducing the Retention Time for Certain Information
Kept in a Facility's Operating Record
    2. We Are Increasing the Retention Time for Certain Information
Kept in an Interim Status Facility's Operating Record
    3. We Are Establishing a Five Year Record Retention Time for
Information Kept on the Operation of Incinerators, Boilers, and
Industrial Furnaces
    B. Changes to the Professional Engineer Certification
Requirements
    1. We Are Removing the ``Independent and ``Registered''
Requirements for Selected Certifications
    2. We Are Also Changing the Closure and Post-Closure
Certification Requirements
    C. Owners and Operators of Hazardous Waste Treatment, Storage,
and Disposal Facilities Have an Option of Following the Integrated
Contingency Plan Guidance
    D. Owners and Operators of Hazardous Waste Treatment, Storage,
and Disposal Facilities Have an Option to Follow the RCRA or
Equivalent Occupational Safety and Health Administration (OSHA)
Standard for Emergency Response Training
    E. We Are Clarifying Selected Requirements Under RCRA's Land
Disposal Restrictions and Eliminating Obsolete Regulatory Language
    1. We Are Clarifying the Regulatory Language on the Land
Disposal Restrictions Generator Waste Determination
    2. We Are Clarifying the Regulatory Language on the Land
Disposal Restrictions Characteristic Waste Determination
    3. We Are Removing Obsolete Regulatory Language
    F. We Are Eliminating Selected Recordkeeping and Reporting
Requirements That We Believe Provide Duplicative Information to EPA
    1. We Are Eliminating the Requirement for Facilities To Notify
That They Are in Compliance After a Release
    2. We Are Eliminating the Requirement for Facilities To Notify
of Their Intent to Burn F020, F021, F022, F023, F026, and F027
Wastes
    3. We Are Eliminating the Requirement for Facilities to Notify
if They Employ or Discontinue Use of the Alternative Valve Standard
    4. We Are Eliminating the Requirement for Facilities To Notify
If They Are Using Alternative Valve Work Practices.
    G. We Are Permitting Decreased Inspection Frequency for Certain
Hazardous Waste Management Units
    1. We Are Establishing Weekly Inspections for Certain Hazardous
Waste Tank Systems at Permitted and Interim Status Facilities, and
at Large Quantity Generator Sites
    2. We Are Establishing Weekly Inspections for SQG Hazardous
Waste Tanks Systems With Secondary Containment
    3. We Are Allowing Members of the National Environmental
Performance Track Program To Apply for an Adjustment to the
Frequency of Their Inspections for Certain Hazardous Waste
Management Units and Areas.
    a. Performance Track: Reduced Inspection Frequency for Areas
Subject to Spills.
    b. Performance Track: Reduced Inspection Frequency for
Containers.
    c. Performance Track: Reduced Inspection Frequency for Tank
Systems.
    d. Performance Track: Reduced Inspection Frequency for
Containment Buildings
    H. We Are Making Selected Changes to the Requirements for Record
Retention and Submittal of Records
    1. We Are Removing the Requirement To Submit a One-time
Notification for Recycled Wood Wastewater and Spent Wood-Preserving
Solutions and Clarifying an Unintentional Elimination Made in the
Proposal
    2. We Are Eliminating the Requirement for Interim Status
Facilities To Submit Specific Ground-Water Monitoring Plans and
Ground-Water Assessment Reports
    3. We Are Eliminating the Requirement for Interim Status Surface
Impoundments, Waste Piles, and Landfills To Submit a Response Action
Plan
    4. We Are Eliminating the Requirement for Facilities To Submit a
Tank System Certification of Completion of Major Repairs

    5. We Are Eliminating the Requirement for a Recycler To Submit a
Notification and Certification
    6. We Are Eliminating the Requirement To Submit an LDR
Notification and Certification
    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
    2. We Are Streamlining the Requirements for Treatability Study
Reports for Testing Facilities
    3. We Are Streamlining the Requirements for Ground-Water
Monitoring
    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
    2. We Are Changing the Requirement for a Semi-Annual Report
Detailing the Progress of the Corrective Action Program
IV. What Regulatory Requirements Will Remain in the CFR?
V. We Will Implement this Rule via the Class I Permit Modification
Process Without Prior Approval
VI. How Will Today's Regulatory Changes Be Administered and Enforced
in the States?
    A. Applicability of Federal Rules in Authorized States
    B. Authorization of States for Today's Rule
VII. Statutory and Executive Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children from
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution or Use
    I. National Technology Transfer and Advancement Act of 1995
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act
VIII. Regulatory Language

I. Statutory Authority

    The U.S. Environmental Protection Agency (EPA) regulates the
generation and management of hazardous waste under 40 CFR parts 260
through 273 using the authority of the Resource Conservation and
Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6901 et seq.

II. Background, Purpose, and Summary of Today's Action

    As part of its hazardous waste regulations, EPA has established
recordkeeping and reporting requirements that allow the Agency to
enforce and ensure compliance with these regulations. In the Paperwork
Reduction Act (PRA) 44 U.S.C. 3501, et seq, Congress directs all
federal agencies to become more responsible and publicly accountable
for reducing the burden of federal paperwork on the public. ``Burden''
is defined as 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 (44 U.S.C. 3502(2))t
    Over the past five years, EPA has continued to assess and evaluate
the need for the many recordkeeping and reporting requirements found in
the RCRA hazardous waste program. In the course of this effort, we have
identified numerous opportunities to eliminate or streamline RCRA
requirements, while continuing to fulfill our mission of protecting
human health and the environment.
    Today's final rule changes a number of the regulatory requirements
found in 40 CFR parts 260 through 271. These changes will bring about
burden reductions to both the regulated community and the regulators
and is a direct result of our consultations with a number of state
experts on potential burden reduction ideas, as well as public input
through two Notices of Data Availability and a Proposed Rulemaking.\1\
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    \1\ The Notices of Data Availability were published in the
Federal Register on June 18, 1999 (64 FR 32859) and October 29, 2003
(68 FR 61662). The Proposed Rulemaking was published in the Federal
Register on January 17, 2002 (67 FR 2518).
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    The regulatory changes contained in the Burden Reduction final rule
will have no practical impact on the many protections that EPA has
established over the years for human health and the environment. At the
same time, this rule strives to relieve stakeholders of the burden of
nonessential paperwork. The final rule clarifies certain requirements
and eliminates or simplifies other requirements. We have eliminated
paperwork requirements if they entail information that is obscure,
inconsequential, or infrequently submitted to or used by regulators.
Note, however, that the final rule does not curtail the right of
regulatory agencies to request any information desired. Waste handlers
must continue to keep on-site records of their waste management
activities and make them available to regulators when requested. As
such, the rule does not limit regulators' or the public's ability to
learn what is happening at a facility.
    To effectively present the large number of regulatory changes we
are finalizing, we have divided these changes into ten categories or
groups of changes; they are: (1) The amount of time records must be
kept; (2) certification by a professional engineer; (3) option to
follow the Integrated Contingency Plan Guidance; (4) option to follow
the Occupational Safety and Health Administration (OSHA) regulations
for emergency training; (5) clarifications and elimination of obsolete
regulatory language; (6) elimination of selected recordkeeping and
reporting requirements; (7) decreased self-inspection frequency for
selected hazardous waste management units; (8) selected changes to the
requirements for record retention and submittal of records; (9) changes
to the requirements for document submittal; and (10) reduced frequency
for report submittals. A summary of the major components of the final
rule is presented in Table 1.
    The preamble discussion follows the set of categories presented
above (see also Table 1, ``Summary of the Major Components and a
Description of the Regulatory Changes Being Promulgated in Today's
Burden Reduction Final Rule''). Within each category, we present the
changes we are promulgating, along with a discussion of the comments
received and our resolution of the major issues or concerns. At the
conclusion of each section, we present comparative tables showing both
the current regulatory requirement and the new requirement for the
affected group, i.e., generators; permitted hazardous waste treatment,
storage, and disposal facilities; and interim status treatment,
storage, and disposal facilities. Interim status regulations at 40 CFR
Part 265 provide for the continued operation of an existing facility
that meets certain conditions until final administrative disposition of
the owner and operator permit application is made. Regulations for
permit applications are found in 40 CFR part 270 and general standards
for permitted facilities are found in 40 CFR part 264.

   Table 1.--Summary of the Major Components and a Description of the
 Regulatory Changes Being Promulgated in Today's Burden Reduction Final
                                  Rule
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                                            Description of regulatory
           Regulatory change                          change
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The amount of time records must be kept  Many of the recordkeeping
                                          requirements for treatment,
                                          storage and disposal
                                          facilities (TSDFs) mandate
                                          record retention for the life
                                          of the facility. In this final
                                          rule, we have reduced the
                                          length of time waste handlers
                                          must retain certain records on
                                          site to three years or five
                                          years for hazardous waste
                                          combustion units (e.g.,
                                          operating record requirements
                                          at 40 CFR 264.73 and 265.73).
                                          We have also increased the
                                          record retention time for a
                                          selected number of documents
                                          for interim status facilities
                                          in cases where the
                                          notification requirement has
                                          been eliminated.
Certification by a professional          Numerous regulations require
 engineer.                                generators and TSDFs to obtain
                                          an independent, qualified,
                                          registered, professional
                                          engineer's certification, as
                                          specified. We have changed
                                          certain RCRA certification
                                          requirements by taking out the
                                          terms ``independent'' and
                                          ``registered.''
Option to follow the Integrated          Large Quantity Generators
 Contingency Plan Guidance.               (LQGs) and TSDFs must have
                                          contingency plans to minimize
                                          hazards to human health and
                                          the environment from fires,
                                          explosions, or any unplanned
                                          release of hazardous waste to
                                          the environment. We have
                                          modified our RCRA regulations
                                          to indicate that these waste
                                          handlers may consider
                                          developing one comprehensive
                                          contingency plan based on the
                                          Integrated Contingency
                                          Guidance. This guidance
                                          provides a mechanism for
                                          consolidating the multiple
                                          contingency plans that waste
                                          handlers have to prepare to
                                          comply with various government
                                          regulations.
Option to follow Occuputional Safety     LQGs and TSDFs must train their
 and Health Administration (OSHA)         employees in emergency
 regulations for emergency training.      procedures. We have modified
                                          the RCRA regulations to allow
                                          waste handlers to have the
                                          option of complying with
                                          either the RCRA or OSHA
                                          requirements for emergency
                                          response procedures.
Clarifications and elimination of        We are modifying specified
 obsolete regulatory language.            regulatory language by and
                                          eliminating obsolete terms and/
                                          or rewording language to make
                                          it clearer. We are also
                                          providing regulatory
                                          clarifications to several LDR
                                          requirements.
Elimination of selected recordkeeping    We have eliminated certain
 and reporting requirements.              recordkeeping and reporting
                                          requirements in the RCRA
                                          regulations in order to
                                          eliminate submission of
                                          duplicative information and/or
                                          reporting unnecessary burden
                                          to waste handlers.
Decreased inspection frequency for       Under many RCRA inspection
 hazardous waste management units.        requirements, we specify a
                                          frequency at which waste
                                          handlers must inspect their
                                          frequency for facility and
                                          equipment. We have reduced the
                                          self-inspection frequency for
                                          hazardous waste tank systems
                                          from daily to weekly, under
                                          certain conditions. In
                                          addition, EPA is allowing
                                          facilities in the National
                                          Performance Track Program to
                                          reduce their inspection
                                          frequencies, under certain
                                          conditions, up to monthly, on
                                          a case-by-case basis, for tank
                                          systems, containers,
                                          containment buildings, and
                                          areas subject to spills.
Selected changes to the requirements     We are modifying certain
 for record retention and submittal of    requirements under which waste
 records.                                 handlers must keep records on-
                                          site and submit these same
                                          records to EPA. We are
                                          specifying certain records
                                          that waste handlers need to
                                          keep only on-site.
Changes to the requirements for          We have eliminated several
 document submittal.                      requirements to reduce the
                                          number of documents that are
                                          submitted to the Agency
                                          document for review.
Reduced frequency for report submittal.  We have reduced the submittal
                                          frequency of certain documents
                                          (e.g., from semi-annual to
                                          annual).
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III. What Burden Reduction Changes Are We Making?

A. Changes to the Amount of Time Records Must Be Kept

    As a precautionary measure in promulgating the hazardous waste
requirements in 1980, we mandated the retention of many kinds of
records until facility closure, resulting in a tremendous volume of
stored paperwork. Our experience in implementing the RCRA program has
shown that this retention time is excessive, and a priority item for
reduction.
1. We Are Reducing the Retention Time for Certain Information Kept in a
Facility's Operating Record
    We are changing a number of the operating record requirements under
Sec. Sec.  264.73 and 265.73 to reduce the record retention time to
three years. Among other things, we are modifying the retention time
limit for records on waste analyses; certain monitoring, testing and
analytical data; waste determinations; selected certifications; and
notifications.
    We believe that these changes establish a more reasonable record
retention time than the requirement to keep this information until
closure of the facility.\2\ The three-year record retention period is
sufficient to enable regulators to monitor industry compliance and take
enforcement actions as needed. In any event,

Sec. Sec.  264.74(b) and 265.74(b) require the retention period of any
records to be extended automatically during the course of any
unresolved enforcement action regarding the facility, or as requested
by the Administrator.
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    \2\ Record retention times for all Agency programs vary, but in
numerous instances have retention times shorter than the life of the
facility. For example, the National Primary Drinking Water
Regulations require records retention times of one, five, and twelve
years (depending on the record). The National Emission Standards for
Hazardous Air Pollutants, Subpart FF--National Emission Standards
for Benzene Waste Operations requires a two-year records retention
time.
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    We are not modifying the retention limit for records that contain
the following information: (1) Description and quantity of each
hazardous waste received and what was done with it; (2) location of
each hazardous waste; (3) closure estimates; or (4) quantities of waste
placed in land disposal units under an extension to the effective date
of any land disposal restriction. The retention of this information is
necessary to ensure protection of human health and the environment
through the life of the facility, and until closure of the facility.
    We believe that these changes will not affect the government's or
the public's ability to know what is happening at a hazardous waste
facility because a basic set of compliance information will still be
available in the facility's records. The Agency will have access to the
facility's operating record, which will contain many of the documents
previously submitted to the Agency. Although the public does not
generally have access to the facility's operating record, the Agency
Director can require permitted facilities to establish and maintain a
publicly accessible information repository at any time (see Sec.
270.30 (m)). Similarly, facilities that are applying for permits may be
required to establish and maintain an information repository. (See
124.33.)
    In today's rule, we are also amending the regulatory language
proposed for maintaining these records. In the proposed rule, we used
the language, ``maintain for three years after entry into the operating
record.'' A commenter pointed out that some records, such as laboratory
analytical results, stand alone in the laboratory records and are not
actually ``entered into the operating record.'' We recognize that this
is an important distinction and are changing the regulatory language
from the proposal to say ``maintain for three years'' instead of
``maintain for three years after entry into the operating record.''
Also, a commenter pointed out that since monitoring and ground-water
clean up is a multi-year or multi-decade task, these records should be
kept until closure of the facilities. We agree, and are changing Sec.
264.73(b)(6) and Sec.  265.73(b)(6) accordingly.
    We also received comments stating that we should not reduce our
record retention requirements, because any particular record might be
useful at some future point. This could be said of any requirement. In
the Paperwork Reduction Act, Congress instructed us to set a higher
standard for imposing an information collection requirement. We believe
that information must have a demonstrable value. Based on our
experience, we believe that we have identified those records that have
the greatest potential impact on the protection of human health and the
environment. Such records must be maintained until closure of the
facility.
    We also received questions in response to the proposed rule asking
whether facilities must keep existing records, once generated and
stored, until the date that was initially established for their
disposal, even though we are changing that date with this rule. It
would be burdensome for facilities to have two different sets of
recordkeeping requirements, and difficult for EPA and the states to
enforce a phase-out of recordkeeping. Therefore, we believe it is
appropriate to maintain consistency and retain records until the date
established by today's rule (or if the date is unchanged by this rule,
to the original date (i.e., until closure of the facility)). Therefore,
facilities may dispose of existing records consistent with today's
rule, once the retention date established by today's rule becomes
effective.
2. We Are Increasing the Retention Time for Certain Information Kept in
an Interim Status Facility's Operating Record
    In response to comments received, EPA is amending Sec.
265.73(b)(6) and creating a new Sec.  265.73(b)(15) to require
retention in the operating record until closure of the facility, the
ground-water quality assessment plans required under Sec.  265.90 and
Sec.  265.93(d)(2), and ground-water quality assessment reports
required under Sec.  265.93(d)(5). Under today's rule, these plans are
no longer required to be submitted to the Regional Administrator.
Accordingly, EPA has decided that, in order to ensure protection of
health and the environment, these records need to be available and,
therefore, has amended the regulation to require that the information
be maintained in the operating record until closure of the facility.
EPA believes today's changes would result in no more burden to facility
owners or operators for storage, since it is likely that any report
submitted to the Agency would also be kept on-site by the facility. In
other words, there would be no increase in burden over what is already
being done.
3. We Are Establishing a Five-Year Record Retention Time for
Information Kept on the Operation of Incinerators, Boilers, and
Industrial Furnaces
    Owners and/or operators of boilers and industrial furnaces (BIFs)
are subject to compliance-related recordkeeping regulations. For
example, BIFs must conduct emission tests to demonstrate compliance
with the RCRA emission standards (such as certification of compliance
tests), performance tests for their continuous emissions monitors, and
retain these test reports on-site until closure of the facility. As a
result of the emissions tests, BIFs also establish enforceable
operating limits that must be achieved on a daily basis (such as hourly
rolling average feed rate limits). BIFs are also required to record the
daily operating data in their operating record for compliance purposes
and make them available for inspection.
    In the October 29, 2003 NODA (68 FR 61662), we solicited comment on
amending the current record retention requirement for incinerator
monitoring, testing and analytical data, from ``for the life of the
facility'' to three years. We took this action because we had
overlooked incinerators in the original proposal and maintain that
their record retention requirements should be consistent with those for
BIFs. This change for incinerators was supported by a majority of the
commenters; however, some pointed out that the recordkeeping
requirements for incinerators and BIFs should be consistent with those
that the Agency promulgated on October 12, 2005 (70 FR 59402) for
incinerators and the majority of BIFs under the Clean Air Act (CAA).\3\
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    \3\ The Clean Air Act requires the Agency to develop rules to
reduce Hazardous Air Pollutant emissions. The rules require the
application of strict air emission controls based on performance of
best technologies, the overall approach usually being referred to as
maximum achievable control technology, or MACT.
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    We agree with these commenters and have decided for reasons of
consistency with the CAA requirements, to finalize a five year record
retention time for incinerators and BIFs. We are also promulgating the
five year record retention time for BIFs (such as sulfur recovery
furnaces) that will not be subject to the recently promulgated MACT
standards.
    One commenter that opposed any change to the record retention time
stated that incinerators should keep all their data points for the life
of the facility. The commenter asserted that the only information that
a state inspector has to use during a violation are the data on the
incinerator's parametric monitoring. They argued

that, in no case, should record retention be reduced if there are
outstanding enforcement, non-compliance or legal issues pending.
    For reasons cited earlier, we believe that modifying the record
retention period for incinerators and BIFs to five years is
appropriate. Regarding the commenter's point that records should be
retained if there is an outstanding enforcement, non-compliance or
legal action pending, the regulations already provide for this and
nothing in today's rule would amend this provision. See Sec. Sec.
264.74 and 265.74 which state:

    The record retention period for all records required under this
part is extended automatically during the course of any unresolved
enforcement action regarding the facility or as requested by the
Administrator.

    The following tables show the new retention times by facility for
selected records. We have also included the recordkeeping requirements
found in: (1) Section 264.73, Operating record; (2) Section 264.347,
Monitoring and inspections; (3) Section 265.73, Operating record; (4)
Section 266.102(e)(10), Permit standards for burners; and (5) Section
266.103(d) and (k), Interim status standards for burners.

    Table 2.--Revised Record Retention Times for Permitted Treatment,
                    Storage, and Disposal Facilities
------------------------------------------------------------------------
                                                      Current retention
                                                            time
                                                   ---------------------
         CFR section             Record summary      New retention time
                                                      as amended by the
                                                      burden reduction
                                                            rule
------------------------------------------------------------------------
264.73(b)(1)................  Description and       Maintain until
                               quantity of each      closure of the
                               hazardous waste       facility.
                               received and the     No change in
                               method(s) and         regulatory
                               date(s) of its        requirement.
                               treatment, storage
                               or disposal at the
                               facility.
264.73(b)(2)................  The location of each  Maintain until
                               hazardous waste       closure of the
                               within the facility   facility.
                               and the quantity at  No change in
                               each location.        regulatory
                                                     requirement.
264.73(b)(3)................  Records and results   Maintain until
                               of waste analyses     closure of the
                               and waste             facility.
                               determinations.      Maintain for three
                                                     years.
264.73(b)(4)................  Summary reports and   Maintain until
                               details of all        closure of the
                               incidents that        facility.
                               require              Maintain for three
                               implementing the      years.
                               contingency plan.
264.73(b)(5)................  Records and results   Maintain for three
                               of inspections.       years.
                                                    No change in
                                                     requirement.
264.73(b)(6)................  Monitoring, testing,  Maintain until
                               or analytical data    closure of the
                               corrective action.    facility.
                                                    Maintain for three
                                                     years, except for
                                                     records and results
                                                     pertaining to
                                                     ground-water
                                                     monitoring and
                                                     cleanup, which must
                                                     be maintained until
                                                     closure of the
                                                     facility.
264.73(b)(7)................  For off-site          Maintain until
                               facilities, notices   closure of the
                               to generators as      facility.
                               specified in Sec.    Maintain for three
                               264.12(b).            years.
264.73(b)(8)................  All closure cost      Maintain until
                               estimates for         closure of the
                               disposal              facility.
                               facilities, all      No change in
                               post-closure cost     regulatory
                               estimates.            requirement.
264.73(b)(9)................  Waste minimization    Maintain until
                               certification.        closure of the
                                                     facility.
                                                    Maintain for three
                                                     years.
264.73(b)(10)...............  Records of the        Maintain until
                               quantities and date   closure of the
                               of placement for      facility.
                               each shipment of     No change in
                               hazardous waste       regulatory
                               place in land         requirement.
                               disposal units
                               under an extension
                               to the effective
                               date of any land
                               disposal
                               restriction granted.
264.73(b)(11)...............  For off-site          Maintain until
                               treatment facility,   closure of the
                               notices and           facility.
                               certifications from  Maintain for three
                               generator.            years.
264.73(b)(12)...............  For on-site           Maintain until
                               treatment facility,   closure of the
                               notices and           facility.
                               certifications.      Maintain for three
                                                     years.
264.73(b)(13)...............  For off-site land     Maintain until
                               disposal facility,    closure of the
                               notices and           facility.
                               certifications from  Maintain for three
                               generator.            years.
264.73(b)(14)...............  For on-site land      Maintain until
                               disposal facility,    closure of the
                               notices and           facility.
                               certifications.      Maintain for three
                                                     years.
264.73(b)(15)...............  For off-site storage  Maintain until
                               facility, notices     closure of the
                               and certifications    facility.
                               from generator.      Maintain for three
                                                     years.
264.73(b)(16)...............  For on-site storage   Maintain until
                               facility, notices     closure of the
                               and certifications.   facility.
                                                    Maintain for three
                                                     years.
264.73(b)(17)...............  Records required      Maintain until
                               under Sec.            closure of the
                               264.1(j)(13).         facility.
                                                    Maintain for three
                                                     years.
264.73(b)(18)...............  Monitoring, testing   Maintain until
                               or analytical data    closure of the
                               where required by     facility.
                               Sec.   264.347.      Maintain for five
                                                     years.
264.73(b)(19)...............  Certification as      No specified
                               required by Sec.      requirement.
                               264.196(f).          Maintain until
                                                     closure of the
                                                     facility.
264.347(d)..................  For incinerators:     Maintain until
                               monitoring and        closure of the
                               inspection data.      facility.
                                                    Maintain for five
                                                     years.
266.102(e)(10)..............  For burners:          Maintain until
                               recordkeeping.        closure of the
                                                     facility.
                                                    Maintain for five
                                                     years.
------------------------------------------------------------------------

 Table 3.--Revised Record Retention Times for Interim Status Treatment,
                    Storage, and Disposal Facilities
------------------------------------------------------------------------
                                                     Current retention
                                                            time
                                                  ----------------------
          CFR section             Summary record   New retention time as
                                                   amended by the burden
                                                       reduction rule
------------------------------------------------------------------------
265.73(b)(1)..................  Description and    Maintain until
                                 quantity of each   closure of the
                                 hazardous waste    facility.
                                 received and the  No change in
                                 method(s) and      regulatory
                                 date(s) of its     requirement.
                                 treatment,
                                 storage or
                                 disposal at the
                                 facility.
265.73(b)(2)..................  The location of    Maintain until
                                 each hazardous     closure of the
                                 waste within the   facility.
                                 facility and the  No change in
                                 quantity at each   regulatory
                                 location.          requirement.
265.73(b)(3)..................  Records and        Maintain until
                                 results of waste   closure of the
                                 analyses and       facility.
                                 waste             Maintain for three
                                 determinations.    years.
265.73(b)(4)..................  Summary reports    Maintain until
                                 and details of     closure of the
                                 all incidents      facility.
                                 that require      Maintain for three
                                 implementing the   years.
                                 contingency plan.
265.73(b)(5)..................  Records and        Maintain for three
                                 results of         years.
                                 inspections.      No change in
                                                    regulatory
                                                    requirement.
265.73(b)(6)..................  Monitoring,        Maintain until
                                 testing, or        closure of the
                                 analytical data    facility.
                                 and corrective    Maintain for three
                                 action.            years, except for
                                                    records and results
                                                    pertaining to ground-
                                                    water monitoring and
                                                    cleanup, and
                                                    response action
                                                    plans for surface
                                                    impoundments, waste
                                                    piles, and landfills
                                                    which must be
                                                    maintained until
                                                    closure of the
                                                    facility.
265.73(b)(7)..................  All closure cost   Maintain until
                                 estimates for      closure of the
                                 disposal           facility.
                                 facilities, all   No change in
                                 post-closure       regulatory
                                 cost estimates.    requirement.
265.73(b)(8)..................  Records of the     Maintain until
                                 quantities and     closure of the
                                 date of            facility.
                                 placement for     No change in
                                 each shipment of   regulatory
                                 the hazardous      requirement.
                                 waste place in
                                 land disposal
                                 units under an
                                 extension to the
                                 effective date
                                 of any land
                                 disposal
                                 restriction
                                 granted.
265.73(b)(9)..................  For off-site       Maintain until
                                 treatment          closure of the
                                 facility,          facility.
                                 notices and       Maintain for three
                                 certifications     years.
                                 from generator.
265.73(b)(10).................  For on-site        Maintain until
                                 treatment          closure of the
                                 facility,          facility.
                                 notices and       Maintain for three
                                 certifications.    years.
265.73(b)(11).................  For off-site land  Maintain until
                                 disposal           closure of the
                                 facility,          facility.
                                 notices and       Maintain for three
                                 certifications     years.
                                 from the
                                 generator.
265.73(b)(12).................  For on-site land   Maintain until
                                 disposal           closure of the
                                 facility,          facility.
                                 notices and       Maintain for three
                                 certifications.    years.
265.73(b)(13).................  For off-site       Maintain until
                                 storage            closure of the
                                 facility,          facility.
                                 notices and       Maintain for three
                                 certifications     years.
                                 from generator.
265.73(b)(14).................  For on-site        Maintain until
                                 storage            closure of the
                                 facility,          facility.
                                 notices and       Maintain for three
                                 certifications.    years.
265.73(b)(15).................  Monitoring,        Maintain until
                                 testing, or        closure of the
                                 analytical data,   facility.
                                 and corrective    No change in
                                 action where       regulatory
                                 required by Sec.   requirement.
                                  Sec.   265.90,
                                 265.93(d)(2),
                                 and 265.93(d)(5)
                                 of this part and
                                 certifications
                                 as required by
                                 Sec.
                                 265.196(f).
266.103(d)....................  Periodic           Every three years.
                                 Recertifications  Every five years.
                                 . The owner or
                                 operator must
                                 conduct
                                 compliance
                                 testing and
                                 submit to the
                                 Director a
                                 recertification
                                 of compliance
                                 under provisions
                                 of paragraph (c)
                                 of this section
                                 within five
                                 years from
                                 submitting the
                                 previous
                                 certification or
                                 recertification.
                                 If the owner or
                                 operator seeks
                                 to recertify
                                 compliance under
                                 new operating
                                 conditions, he/
                                 she must comply
                                 with the
                                 requirements of
                                 paragraph (c)(8)
                                 of this section.
266.103(k)....................  Interim status     Maintain until
                                 standards for      closure of the
                                 burners:           facility.
                                 recordkeeping.    Maintain for five
                                                    years.
------------------------------------------------------------------------

B. Changes to the Professional Engineer Certification Requirements

    Throughout the RCRA regulations, there are various requirements for
the services of an independent, qualified, registered, professional
engineer to certify the effectiveness of the design and operation of
various hazardous waste management units. We proposed to add Certified
Hazardous Materials Managers (CHMMs) as professionals qualified to make
selected certifications. This proposed change was a result of comments
received on our June 18, 1999 NODA (64 FR 32859). In response to this
proposal, the Agency received significant comment, primarily requesting
that we expand the category of persons allowed to provide the various
certifications. Commenters argued that we were being arbitrary in
proposing to allow only two professional disciplines (i.e., CHMMs and
professional engineers) to certify hazardous waste management
operations. Conversely, professional engineers strongly opposed the
proposed change in the regulatory requirements. They suggested that

CHMMs were not qualified to certify the design, construction, and
structural integrity of hazardous waste management units.
    In addition, numerous states opposed the change on the grounds that
their state laws allow only licensed engineers to make these
certifications. State comments also pointed out that state licensing
boards can investigate complaints of negligence or incompetence, on the
part of professional engineers, and may impose fines and other
disciplinary actions such as cease-and-desist orders or license
revocation. According to commenters, similar controls do not exist for
other professions. This personal liability of the professional engineer
is one of the reasons why state commenters supported the idea that RCRA
certifications should only be done by licensed professional engineers.
    Other commenters suggested that, rather than deciding which
professions are qualified to make certifications, we should establish
an environmental professional performance standard based on membership
in a recognized professional organization. In response to these
comments, we solicited comment in our October 29, 2003 NODA to allow
professionals accredited by organizations meeting the American Society
for Testing and Materials (ASTM) E1929-98, Standard Practice for the
Assessment of Certification Programs for Environmental Engineers:
Accreditation Criteria to conduct a limited number of certifications,
including: (1) Section 264.573(a)(4)(ii)(g), Drip Pads, Design and
operating requirements; (2) Section 265.443(a)(4)(ii)(g), Drip Pads,
Design and operating requirements; (3) Section 264.574(a), Drip Pads,
Inspections; (4) Section 265.444(a), Drip Pads, Inspections; and (5)
Section 266.111(e)(2), Boilers and Industrial Furnaces, Direct transfer
equipment--requirements prior to meeting secondary containment
requirements.\4\
---------------------------------------------------------------------------

    \4\ After publication of the October 29, 2003 NODA, (see 68 FR
61662), EPA determined that the certification required by Sec.
266.111(e)(2) had to be made by August 21, 1992. As such the Agency
is not pursuing a change to this requirement in today's rulemaking,
obviously because the date has passed.
---------------------------------------------------------------------------

    Comments to the change described in the NODA were mixed. Some
commenters supported this change in qualifications for selected
certifications, while a number of states and professional organizations
still strongly opposed allowing anyone other than a professional
engineer to perform these certifications. While the Agency believes
that added flexibility to the RCRA regulations is a goal worth
pursuing, in this case, we are persuaded by the arguments presented by
states with regard to these certifications and are not going forward
with these changes at this time. Certifications for drip pads involve
certifying engineering designs, drawings, plans and other engineering
details, involving structural and hydraulic and other functions. As
such, we believe that while there may be professionals other than
professional engineers qualified to make these certifications, it is
imperative that the goals of human health and the environmental
protection are maintained. In reviewing the comments, we are not
convinced that all environmental professionals certified by the ASTM
standard would be qualified to perform these engineering evaluations.
To this end, we are not going forward with allowing the changes to the
drip pad certification requirements that would allow environmental
professionals recognized by a certification program that is compliant
with ASTM E-1929-98 Standard Practice for the Assessment of
Certification Programs for Environmental Professionals: Accreditation
Criteria.
    Although the Agency was not persuaded that ASTM board certified
environmental professionals, including CHMMs, should be allowed to make
the required RCRA certifications that were the subject of this
rulemaking, the Agency wants to make it clear that facilities are still
permitted to utilize qualified professionals who may not be
professional engineers in performing the analyses that underlie these
certifications. Facilities can potentially lower their costs by
utilizing the flexibility to employ others as part of the certification
requirement. For example, as part of the closure and post closure
requirements, some CHMMs may be qualified to make certain
determinations associated with these certifications to determine
whether operations at the site will minimize hazards.
    The Agency is sympathetic to the large number of comments by the
CHMMs and other environmental professionals about unnecessary
restrictions in the marketplace. However, EPA is retaining the
professional engineering certification, in part, to allay state
concerns about the need to monitor and control the activities of
personnel that are now subject to state licensure control. Given,
however, additional experience by the Agency with the utilization of
other environmental professionals, EPA may re-examine this issue in the
future.\5\
---------------------------------------------------------------------------

    \5\ For example, in the All Appropriate Inquiries (AAI) rule
published on November 1, 2005, (70 CFR 66070) EPA sets standards for
CERCLA liability protection by establishing criteria that
prospective property owners must use in the inquiries they conduct
into the previous ownership, uses, and environmental conditions of a
property prior to acquiring the property. The AAI rule differs from
the RCRA burden reduction rule in that AAI does not in any way
require the environmental professional to render any judgment or
opinion regarding RCRA or CERCLA compliance or liability. AAI
requirements include research activities and a site investigation
similar to a Phase I environmental site assessment. It does not
include compliance evaluation or an assessment of engineering or
technical requirements (which may inherently require the expertise
of an engineer or geologist).
---------------------------------------------------------------------------

1. We Are Removing the ``Independent'' and ``Registered'' Requirements
for Selected Certifications
    Some commenters to the proposed rule suggested that we change the
certification requirements by amending the qualifications required for
the certification from ``independent, qualified, registered,
professional engineer'' to ``qualified professional engineer.'' That
is, the commenters suggested it was not necessary for the professional
engineer to be independent or registered. Commenters argued that the
term ``qualified professional engineer'' retains the most important
components of the requirement: (1) That the engineer be qualified to
perform the task; and (2) that she or he be a professional engineer
(following a code of ethics and the potential of losing his/her license
for negligence).
    In the October 29, 2003 NODA (68 FR 61662), EPA also solicited
comment on changing the qualifications for who can certify the design,
operation and closure of specific hazardous waste management units from
``independent, qualified, registered, professional engineer'' to
``qualified professional engineer.'' We solicited comment on
eliminating the requirement that the certifier be ``independent,''
reasoning that we could rely on the professional standards of the
certifier to ensure accurate certifications. This could potentially
save expenses for companies with in-house engineers, since they would
not have to hire outside consultants. State commenters strongly argued
that the word ``independent'' should be retained because an independent
review and certification avoids any potential of conflict of interest.
Commenters stated that an employee of a facility would more likely have
a biased approach to review and certification, and that state agencies
would have less confidence in the accuracy and quality of review and

certification. Furthermore, the commenters argued that the public would
have reduced confidence in the accuracy and meaning of the engineering
review and certification if it was conducted by an employee of the
facility. The public would more likely suspect a conflict of interest
and demand a more rigorous review by state agencies. Commenters also
noted that a similar change, regarding whether to retain the term
``independent'' for professional engineers certifying closure, was
proposed by EPA on March 19, 1985 (50 FR 11074). After receiving public
comment, a final rule was issued on May 2,1986 with the term
``independent'' retained. In the preamble to the May 2, 1986 final
rule, we stated that, because certification of final closure is the
final step in the closure process and triggers the release of the owner
or operator from financial responsibility requirements for closure and
third party liability coverage requirements, we believed that the
certification should be made by a person who is least subject to
pressures to certify to the adequacy of a closure that, in fact, is not
in accordance with the approved closure plan. Commenters also noted
that in the October 9, 1991 Federal Register, EPA addressed concerns
regarding proposed language that would have allowed a ``qualified
party'' to perform closure and post closure certification. In that FR
notice, we stated on page 51103:

    The Agency agrees with commenters that objective closure and
post-closure certifications are essential for avoiding any potential
conflicts of interest and ensuring protection of human health and
the environment and that more specific requirements concerning the
qualification of the certifying party are necessary to ensure the
adequacy of the certification. We, therefore, are requiring in this
final rule that certifications be obtained from independent,
registered, professional engineers (i.e., registered professional
engineers not in the employ of the owner or operator), consistent
with requirements under subtitle C and other federally mandated
certification programs (e.g., Clean Water Act grants).

    Upon further analysis and reflection, we have decided to delete the
independent qualification for certification made by a professional
engineer. EPA continues to believe that this proposed modification
retains the most important requirements: That the engineer is qualified
to perform the task and is a professional engineer (i.e., licensed to
practice engineering under the title Professional Engineer.) We believe
that a professional engineer, regardless of whether he/she is
independent is able to give fair and technical review because of the
programs established by the state licensing boards. It is not clear to
us that an in-house engineer faces a greater economic temptation than
an independent engineer seeking to cultivate an ongoing relationship
with a client. This is a central mission of state licensing boards. If
certifications are provided when the facts do not warrant
certification, the professional engineer is subject to penalties,
including the loss of license and the possibility of fines.
Furthermore, we are convinced that the change to the certification
requirements will allow facilities to reduce burden without
compromising environmental safety by using in-house expertise.
Professional engineers employed by a facility are more familiar with
its own particular situation and are in a position to provide more on-
site review and oversight of the activity being certified.
    We also solicited comment on removing the term ``registered,''
explaining that based on our understanding of the term ``registered''
(one who is licensed by a state) the terms ``registered,'' ``licensed''
and ``professional'' mean the same thing in the case of certifying the
design, operation and closure of hazardous waste management units.
Thus, using the terms ``registered'' and ``professional'' when defining
the qualification of an engineer, in this context, is redundant. While
the majority of the comments supported the change, agreeing that the
term ``registered'' appears to be redundant and could be removed,
several commenters were opposed to making the change. These commenters
argued that the word ``registered'' is necessary to prevent confusion
in the field, particularly among generators, that a license or
registration is required. The Agency is unconvinced by this argument
and maintains that the use of ``registered'' and ``professional'' as
qualifications for engineers making these certifications is redundant
and should be simplified.
    As a final matter, we unintentionally failed to identify eight
additional certification requirements that are part of this regulatory
change, i.e., each contains one or a combination of the terms:
independent, registered and/or professional when describing the
qualifications of the engineer. These certifications include: (1)
Section 264.193(h)(4)(i)(2), Tank Systems, Containment and detection of
releases; (2) Section 265.193(h)(5)(i)(2), Tank Systems, Containment
and detection of releases; (3) Section 264.554(c)(2), Staging Piles;
(4) Section 264.1101(c)(2), Containment Buildings, Design and operating
standards; (5) Section 265.1101(c)(2), Containment Buildings, Design
and operating standards; (6) Section 270.14(a), Permit Application,
Content of part B. General requirements; (7) Section 270.17(d) Permit
Application, Specific part B information requirements for surface
impoundments; and (8) Section 270.26(c)(15), Permit Application,
Special part B information requirements for drip pads. EPA believes
today's changes provide consistency to the certification requirements,
i.e., removing the terms independent and registered. As such, we are
finalizing these eight additional certification changes.
2. We Are Also Changing the Closure and Post-Closure Certification
Requirements
    In the October 29, 2003 NODA (68 FR 61662), we also solicited
comment on amending the qualifications for selected closure and post-
closure certifications to ``qualified professional engineer.'' These
certifications included: (1) Section 264.115, Closure and Post-Closure,
Certification of closure; (2) Section 265.115, Closure and Post-
Closure, Certification of closure; (3) Section 264.120, Closure and
Post-Closure, Certification of completion of post-closure care; (4)
Section 265.120, Closure and Post-Closure, Certification of completion
of post-closure care; and (5) Section 264.280(b), Land Treatment,
Closure and post-closure care.
    During the development of today's final rule, we discovered that we
incorrectly stated the required qualifications for engineers providing
the closure and post-closure certifications, and we failed to identify
one additional certification, Sec.  265.280(e) Land Treatment, Closure
and post-closure care, and six cross-reference citations to the
original closure and post-closure certifications. These cross-
references are: (1) Section 264.143(i), Financial Assurance for
Closure, Release of the owner or operator from the requirements of this
section; (2) Section 265.143(h), Financial Assurance for Closure,
Release of the owner or operator from the requirements of this section;
(3) Section 264.145(i), Financial Assurance for Post-Closure, Release
of the owner or operator from the requirements of this section; (4)
Section 265.145(h), Financial Assurance for Post-Closure, Release of
the owner or operator from the requirements of this section; (5)
Section 264.147(e), Liability Requirements, Period of coverage; and (6)
Section 265.147(e), Liability Requirements, Period of coverage.
    We incorrectly stated, in both the proposed rule and the October
29, 2003

NODA (68 FR 61662), the regulatory requirements for these
certifications. In both these notices, we stated that the regulatory
language for closure and post-closure certifications require an
``independent, qualified, registered, professional engineer'' to make
the certifications. This is incorrect. The regulatory language for
these certifications does not include the word ``qualified;'' the
certifications language states that the certification must be made by
an ``independent, registered, professional engineer.'' Hence our
proposed regulatory change to ``qualified professional engineer'' for
these certifications was inaccurate and inconsistent with our other
proposed certification requirements. In our view, this error was minor
and does not change our position regarding the redundancy of using both
``registered'' and ``professional,'' when defining the necessary
certification qualifications. This error also does not change our
position that all certifications should be conducted by a ``qualified
professional engineer'' i.e., one that is qualified to perform the task
and is a professional engineer (licensed/registered by the state and
following a code of ethics and the potential of losing his/her license
for negligence). As such, we are today amending all the closure and
post-closure certification requirements to require qualified
professional engineers to certify closure and post-closure.
    Tables 4 and 5 identify the certifications that we are amending in
today's rule for permitted and interim status treatment, storage and
disposal facilities as needing a qualified (as in ``qualified to
perform the task'') professional engineer.\6\
---------------------------------------------------------------------------

    \6\ In Sec. Sec.  264.192(b) and 265.192(b), certifications may
also be done by an independent, qualified installation inspector.
Similarly, in Sec.  264.280(b), this certification may be done by an
independent, qualified soil scientist, in lieu of a qualified
professional engineer.

 Table 4.--Permitted Treatment, Storage, and Disposal Facilities Needing
        RCRA Certifications by a Qualified Professional Engineer
------------------------------------------------------------------------
                                   New RCRA certification requirement
         CFR section                (i.e., dropping ``registered'')
------------------------------------------------------------------------
264.115......................  Closure and Post-Closure. Certification
                                of closure.
264.120......................  Closure and Post-Closure. Certification
                                of completion of post-closure care.
264.143(i)...................  Financial Assurance for Closure. Release
                                of the owner or operator from the
                                requirements of this section.
264.145(i)...................  Financial Assurance for Post-Closure.
                                Release of the owner or operator from
                                the requirements of this section.
264.147(e)...................  Liability Requirements. Period of
                                coverage.
264.191(a), (b)(5)(ii).......  Tank Systems. Assessment of existing tank
                                system's integrity.
264.192(a), (b)..............  Tank Systems. Design and installation of
                                new tank systems or components.
264.193(h)(4)(i)(2)..........  Tank Systems. Containment and detection
                                of releases.
264.196(f)...................  Tank systems. Response to leaks or spills
                                and disposition of leaking or unfit-for-
                                use tank systems.
264.280(b)...................  Land Treatment. Closure and post closure
                                care.
264.554(c)(2)................  Staging Piles.
264.571(a),(b),(c)...........  Drip Pads. Assessment of existing drip
                                pad integrity.
264.573(a)(4)(ii)............  Drip Pads. Design and Operating
                                Requirements.
264.573(g)...................  Drip Pads. Design and Operating
                                Requirements.
264.574(a)...................  Drip Pads. Inspections.
264.1101(c)(2)...............  Containment Buildings. Design and
                                operating standards.
270.14(a)....................  Permit Application. Content of part B.
                                General requirements.
270.16(a)....................  Permit Application. Specific part B
                                information requirements for tank
                                systems.
270.26(c)(15)................  Permit Application. Specific part B
                                information requirements for drip pads.
------------------------------------------------------------------------

   Table 5.--Interim Status Treatment, Storage and Disposal Facilities
    Needing RCRA Certifications by a Qualified Professional Engineer
------------------------------------------------------------------------
                                   New RCRA certification requirement
         CFR section                (i.e., dropping ``registered'')
------------------------------------------------------------------------
265.115......................  Closure and Post-Closure. Certification
                                of closure.
265.120......................  Closure and Post-Closure. Certification
                                of completion of post-closure care.
265.143(h)...................  Financial Assurance for Closure. Release
                                of the owner or operator from the
                                requirements of this section.
265.145(h)...................  Financial Assurance for Post-Closure.
                                Release of the owner or operator from
                                the requirements of this section.
265.147(e)...................  Liability Requirements. Period of
                                coverage.
265.191(a), (b)(5)(ii).......  Tank Systems. Assessment of existing tank
                                system's integrity.
265.192(a), (b)..............  Tank Systems. Design and installation of
                                new tank systems or components.
265.193(h)(5)(i)(2)..........  Tank Systems. Containment and detection
                                of releases.
265.196(f)...................  Tank Systems. Response to leaks or spills
                                and disposition of leaking or unfit-for-
                                use tank systems.
265.280(e)...................  Land Treatment. Closure and post closure
                                care.
265.441(a), (b),(c)..........  Drip Pads. Assessment of existing drip
                                pad integrity.
265.443(a)(4)(ii)............  Drip Pads. Design and Operating
                                Requirements.
265.443(g)...................  Drip Pads. Design and Operating
                                Requirements.
265.444(a)...................  Drip Pads. Inspections.
265.1101(c)(2)...............  Containment Buildings. Design and
                                operating standards.
270.14(a)....................  Permit Application. Content of part B.
                                General requirements.
270.16(a)....................  Permit Application. Specific part B
                                information requirements for tank
                                systems.
270.26(c)(15)................  Permit Application. Special part B
                                information requirements for drip pads.
------------------------------------------------------------------------

C. Owners and Operators of Hazardous Waste Treatment, Storage, and
Disposal Facilities Have an Option of Following the Integrated
Contingency Plan Guidance

    We are amending Sec. Sec.  264.52(b) and 265.52(b) of the RCRA
regulations to provide owners and operators of hazardous waste
treatment, storage, and disposal facilities the option of developing
one contingency plan. EPA recommends that the plan be based on the
integrated contingency plan guidance.\7\ This guidance provides an
excellent set of considerations for consolidating the multiple
contingency plans that facilities have to prepare to comply with
various government regulations. The use of a single plan per facility
will eliminate the confusion for facilities that must decide which of
the contingency plans is applicable to a particular emergency. In
addition, a single plan will provide ``first responders'' (e.g.,
firemen) with a mechanism for complying with multiple regulatory
requirements. The adoption of a standard plan should ease the burden of
coordination with local emergency planning committees.
---------------------------------------------------------------------------

    \7\ In 1996, EPA, in conjunction with the Department of
Transportation, the Department of the Interior, and the Department
of Labor, issued the Integrated Contingency Plan Guidance. This
guidance provides a mechanism for consolidating the multiple
contingency plans that facilities have to prepare to comply with
various government regulations. Owners and operators of hazardous
waste facilities can develop one contingency plan based on this
Guidance. The Integrated Contingency Plan can be found at 61 FR
28641, June 5, 1996 or on the Internet at http://yosemite.epa.gov/oswer/ceppoweb.nsf/content/serc-lepc-publications.htm
.

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

    Today's rule clarifies our regulations (see Sec. Sec.  264.52 and
265.52) by specifically authorizing combined plans, as well as
clarifying that 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.

D. Owners and Operators of Hazardous Waste Treatment, Storage, and
Disposal Facilities Have an Option To Follow the RCRA or the
Occupational Safety and Health Administration (OSHA) Standards for
Emergency Response Training

    We are revising Sec. Sec.  264.16 and 265.16 to eliminate redundant
emergency response training requirements under OSHA and RCRA
regulations while still ensuring protectiveness.
    EPA and the Occupational Safety and Health Administration (OSHA)
have both promulgated regulations addressing worker activities and
training at hazardous waste management facilities. While EPA's
hazardous waste regulations focus on facility operations, worker
training, OSHA focuses on worker safety. Both agencies require worker
training.
    While we were conducting our own review of potential overlaps
between EPA and OSHA regulations, the Government Accountability Office
\8\ published in October 2000 a study on the issue. GAO suggested that
the overlap in emergency training requirements diminishes the
efficiency of the facility and creates unnecessary compliance costs.
The GAO study pointed out that OSHA's regulations have specific
training requirements for RCRA-permitted facilities to teach hazardous
waste workers how to respond to emergencies under 29 CFR 1910.120(p).
With the support of the GAO findings, EPA proposed to eliminate the
RCRA emergency response training requirements in favor of the OSHA
requirements.
---------------------------------------------------------------------------

    \8\ Formerly the United States General Accounting Office.
---------------------------------------------------------------------------

    While we received comments in support of the proposal, other
commenters expressed particular concern that two of the RCRA emergency
response training requirements are not covered in OSHA's requirements.
(1) understanding key parameters for automatic waste feed cut-off
systems; and (2) how to respond to ground-water contamination
incidents. These commenters believe that the deletion of these two
requirements would endanger the environment and human health in the
area of RCRA facilities, in that adhering only to the OSHA requirements
would mean that workers would not be trained in these areas.
    This, however, is not EPA's intention. The final rule has been
written to ensure that RCRA facilities are not required to provide
separate training. We also note that facilities exempted from RCRA
emergency response training would still have to comply with Sec. Sec.
264.16(a)(1) and 265.16(a)(1), which state: ``Facility personnel must
successfully complete a program of classroom instruction or on-the-job-
training that teaches them to perform their duties in a way that
ensures the facility's compliance with the requirements of this part.''
    OSHA's 29 CFR 1910.120 regulations require that employees
understand and be able to perform the standard operating procedures
that are part of their daily work. OSHA's 29 CFR 1910.38 Emergency
Action Plan requirements include mandated training in procedures to be
followed by employees who operate critical plant operations (such as
responding to ground-water contamination incidents) during a spill or
other emergency.
    Other commenters opposed the proposal because OSHA's 29 CFR 1910
requirements are not as comprehensive as the RCRA requirements
regarding the universe of facilities. Specifically, they stated that
OSHA's regulations are not required for all hazardous waste generators
(e.g., conditionally exempt small quantity generators under Sec.  261.5
and small quantity generators under Sec.  262.34) and certain
treatment, storage, disposal facilities (e.g., municipal, state and
federal owned and operated facilities.) We agree, and facilities not
subject to OSHA training requirements would have to comply with the
RCRA training requirements.
    To ensure that all facilities are covered and that there are no
gaps in the emergency response training requirements, we are providing
flexibility by allowing facilities to eliminate redundant emergency
response training requirements under RCRA and OSHA requirements (as
opposed to the proposed rule's approach of requiring facilities to
follow only the OSHA regulations). For example, if a facility can meet
all of the RCRA emergency response training requirements through an
OSHA training course, we would consider the facility in compliance with
the regulation. On the other hand, if a facility cannot meet the
emergency response training requirements through an OSHA training
course, then it would be incumbent upon that facility to address any
gaps (for example, if OSHA did not include automatic waste feed cut-off
training, there would not be a problem as long as appropriate training
occurs, such as combustor staff receives this training as part of its
RCRA training.) Facilities not subject to OSHA training requirements
would have to comply with the RCRA training requirements. We believe
that this is a reasonable accommodation for all facilities.
    Generators and owners/operators of treatment, storage, and disposal
facilities should work with the appropriate permitting and/or
enforcement authority to ensure that the approach they take in
developing an emergency response training program is in compliance with
the requirements of Sec. Sec.  264.16 and 265.16.

E. We Are Clarifying Selected Requirements Under RCRA's Land Disposal
Restrictions and Eliminating Obsolete Regulatory Language

1. We Are Clarifying the Regulatory Language on the Land Disposal
Restrictions Generator Waste Determination
    We proposed eliminating Sec.  268.7(a)(1) that requires, among
other things, that generators conduct a waste determination for
purposes of complying with the Land Disposal Restrictions (LDRs).
Section 268.7(a)(1) requires generators to determine if hazardous waste
must be treated prior to land disposal. This determination can be made
either through testing or using the generator's knowledge of the
waste's properties and constituents. We suggested that a combination of
two other requirements provided the same safeguards as Sec.
268.7(a)(1), making it redundant. First, a determination of whether a
waste is hazardous is required by 40 CFR 262.11, which says that
generators of solid waste must determine whether a waste is hazardous.
Second, Sec.  264.13(a)(1) requires treatment, storage, and disposal
facilities (TSDFs) to perform a general waste analysis to determine
``all of the information which must be known to treat, store, or
dispose of the waste in accordance with this Part and Part 268 of this
chapter''. We suggested that these other determinations are sufficient
to assure that a waste is properly characterized for achieving
compliance with the LDRs.
    Some commenters supported deleting this waste analysis requirement,
stating, generally, that they supported the Agency's efforts to reduce
redundant testing requirements. We agree with these comments with
respect to reducing redundant testing requirements and are adding a
cross reference in Sec.  268.7(a)(1) to Sec.  262.11, in order to
clarify that these two generator waste analysis functions can be
performed concurrently, thus avoiding redundant waste analysis.
    Commenters who opposed deleting the generator LDR waste analysis
requirement, however, were persuasive in their argument that the
deletion of Sec.  268.7(a)(1) would not really result in burden
reduction. Rather, it would merely shift the burden from the generator
to the TSDF. While TSDFs have a separate LDR waste analysis requirement
under Sec.  264.13(a)(1), they often rely--at least in part--on
determinations or information provided by the generator.
    Commenters further asserted that if TSDFs have to assume full
responsibility for the LDR waste analysis requirement, it would be more
expensive overall, because generators can use their knowledge of the
waste in determining how LDRs apply to a waste, while the TSDF would
not have that background and would have to perform much more extensive
waste analysis.
    We agree with these comments, and have determined that we need to
maintain the LDR generator waste analysis requirement of Sec.
268.7(a)(1). Thus, today's rule, rather than eliminating paragraph
Sec.  268.7(a)(1), amends paragraph Sec.  268.7(a)(1), to avoid
duplication and clarify that the two generator waste analysis functions
can be performed concurrently. However, in order to provide maximum
flexibility to generators, we also are clarifying that if a generator
does not want to determine, based on waste analysis or knowledge of the
waste, whether the waste must be treated, he may assume that he is
subject to the full array of LDR requirements. The generator then must
send the waste to a RCRA-permitted hazardous waste treatment facility
where the treatment facility must make the determination when the waste
has met the treatment standards of LDR (possibly even upon receipt as
generated.) A conforming change is also being made to the notification
in Sec.  268.7(a)(2) for such cases.
2. We Are Clarifying the Regulatory Language on the Land Disposal
Restrictions Characteristic Waste Determination Requirement
    We proposed to eliminate the separate waste analysis requirement
(Sec.  268.9(a)) for generators of characteristic hazardous wastes
under the land disposal restrictions, in order to parallel the proposed
changes to Sec.  268.7(a)(1) that are discussed above.
    Some commenters supported deleting this waste analysis requirement,
stating, generally, that they supported the Agency's efforts to reduce
redundant testing requirements. We agree with these comments with
respect to reducing redundant testing requirements and are adding a
cross reference in Sec.  268.9(a) to Sec.  262.11, in order to clarify
that these two generator waste analysis functions can be performed
concurrently, thus avoiding redundant waste analysis.
    Commenters who opposed deleting the generator LDR waste analysis
requirement, however, were persuasive in their argument that the
deletion of Sec.  268.9(a) would not really result in burden reduction.
Rather, it would merely shift the burden from the generator to the
TSDF. While TSDFs have a separate LDR waste analysis requirement under
Sec.  264.13(a)(1), they often rely--at least in part--on
determinations or information provided by the generator. Commenters
further asserted that if TSDFs have to assume full responsibility for
the LDR waste analysis requirement, it would be more expensive overall,
because generators can use their knowledge of the waste in determining
how LDRs apply to a waste, while the TSDF would not have that
background and would have to perform much more extensive waste
analysis. We agree with these comments, and have determined that we
need to maintain the LDR generator waste analysis requirement of Sec.
268.9(a). Thus, today's rule, rather than eliminating paragraph Sec.
268.9(a), amends paragraph Sec.  268.9(a), to avoid duplication and
clarify that the two generator waste analysis functions can be
performed concurrently.
3. We Are Removing Obsolete Regulatory Language
    We are deleting seventeen RCRA requirements because they are no
longer applicable or have an expiration date that has passed. Except as
noted below, we received no negative comments on these proposed
changes.
    In the proposed rule, we suggested amending Sec. Sec.  264.193(a)
and 265.193(a), arguing that the language was obsolete. However, the
proposal inadvertently deleted paragraphs (1) and (5) of Sec. Sec.
264.193(a) and 265.193(a). These paragraphs specify what tanks are
required to have secondary containment, and in the case of tanks
managing newly regulated waste, how soon secondary containment must be
provided. We are correcting this mistake by finalizing the deletion of
only Sec. Sec.  264.193 (a)(2),(3), and (4) and 265.193(a)(2), (3), and
(4) and clarifying the requirements in Sec. Sec.  264.193(a)(5) and
265.193(a)(5). Tables 6, 7, and 8 summarize the changes being finalized
today.

     Table 6.--Regulatory Clarification Being Made for Land Disposal
   Restrictions Testing, Tracking, and Recordkeeping Requirements for
              Generators, Treaters, and Disposal Facilities
------------------------------------------------------------------------
                                      Current regulatory language
                              ------------------------------------------
         CFR section           New regulatory language as amended by the
                                         Burden Reduction Rule
------------------------------------------------------------------------
268.7(a)(1)..................  (a) Requirements for generators: (1) A
                                generator of hazardous waste must
                                determine if the waste has to be treated
                                before it can be land disposed. This is
                                done by determining if the hazardous
                                waste meets the treatment standards in
                                Sec.   268.40, Sec.   268.45, or Sec.
                                268.49. This determination can be made
                                in either of two ways: testing the waste
                                or using knowledge of the waste. If the
                                generator tests the waste, testing would
                                normally determine the total
                                concentration of hazardous constituents,
                                or the concentration of hazardous
                                constituents in an extract of the waste
                                obtained using test method 1311 in
                                ``Test Methods of Evaluating Solid
                                Waste, Physical/Chemical Methods,'' EPA
                                Publication SW-846, as referenced in
                                Sec.   260.11 of this chapter, depending
                                on whether the treatment standard for
                                the waste is expressed as a total
                                concentration or concentration of
                                hazardous constituent in the waste's
                                extract. In addition, some hazardous
                                wastes must be treated by particular
                                treatment methods before they can be
                                land disposed and some soils are
                                contaminated by such hazardous wastes.
                                These treatment standards are also found
                                in Sec.   268.40, and are described in
                                detail in Sec.   268.42, Table 1. These
                                wastes, and solids contaminated with
                                such wastes, do not need to be tested
                                (however, if they are in a waste
                                mixture, other wastes with concentration
                                level treatment standards would have to
                                be tested). If a generator determines
                                they are managing a waste or soil
                                contamination with a waste, that
                                displays a hazardous characteristic of
                                ignitability, corrosivity, reactivity,
                                or toxicity, they must comply with the
                                special requirements of Sec.   268.9 of
                                this part in addition to any applicable
                                requirements in this section.
                               (a) Requirements for generators: (1) A
                                generator of hazardous waste must
                                determine if the waste has to be treated
                                before it can be land disposed. This is
                                done by determining if the hazardous
                                waste meets the treatment standards in
                                Sec.   268.40, Sec.   268.45, or Sec.
                                268.49. This determination can be made
                                concurrently with the hazardous waste
                                determination required in Sec.   262.11
                                of this chapter, in either of two ways:
                                testing the waste or using knowledge of
                                the waste. If the generator tests the
                                waste, testing would normally determine
                                the total concentration of hazardous
                                constituents, or the concentration of
                                hazardous constituents in an extract of
                                the waste obtained using test method
                                1311 in ``Test Methods of Evaluating
                                Solid Waste, Physical/Chemical
                                Methods,'' EPA Publication SW-846,
                                incorporated by reference (see Sec.
                                260.11 of this chapter), depending on
                                whether the treatment standard for the
                                waste is expressed as a total
                                concentration or concentration of
                                hazardous constituent in the waste's
                                extract. (Alternatively, the generator
                                must send the waste to a RCRA-permitted
                                hazardous waste treatment facility,
                                where the waste treatment facility must
                                comply with the requirements of Sec.
                                264.13 of this chapter and Sec.
                                268.7(b) of this part.) In addition,
                                some hazardous wastes must be treated by
                                particular treatment methods before they
                                can be land disposed and some soils are
                                contaminated by such hazardous wastes.
                                These treatment standards are also found
                                in Sec.   268.40, and are described in
                                detail in Sec.   268.42, Table 1. These
                                wastes, and solids contaminated with
                                such wastes, do not need to be tested
                                (however, if they are in a waste
                                mixture, other wastes with concentration
                                level treatment standards would have to
                                be tested). If a generator determines
                                they are managing a waste or soil with a
                                waste, that displays a hazardous
                                characteristic of ignitability,
                                corrosivity, reactivity, or toxicity,
                                they must comply with the special
                                requirements of Sec.   268.9 of this
                                part in addition to any applicable
                                requirements in this section.
268.7(a)(2)..................  If the waste or contaminated soil does
                                not meet the treatment standards: With
                                the initial shipment of waste to each
                                treatment or storage facility, the
                                generator must send a one-time written
                                notice to each treatment or storage
                                facility receiving the waste, and place
                                a copy in the file. The notice must
                                include the information in column
                                ``268.7(a)(2)'' of the Generator
                                Paperwork Requirements Table in
                                268.7(a)(4). No further notification is
                                necessary until such time that the waste
                                or facility change, in which case a new
                                notification must be sent and a copy
                                placed in the generator's file.
                               If the waste or contaminated soil does
                                not meet the treatment standards, or if
                                the generator chooses not to make the
                                determination of whether his waste must
                                be treated, with the initial shipment of
                                waste to each treatment or storage
                                facility, the generator must send a one-
                                time written notice to each treatment or
                                storage facility receiving the waste,
                                and place a copy in the file. The notice
                                must include the information in column
                                ``268.7(a)(2)'' of the Generator
                                Paperwork Requirements Table in
                                268.7(a)(4). (Alternatively, if the
                                generator chooses not to make the
                                determination of whether the waste must
                                be treated, the notification must
                                include the EPA Hazardous Waste Numbers
                                and Manifest Number of the first
                                shipment and must state ``This hazardous
                                waste may or may not be subject to the
                                LDR treatment standards. The treatment
                                facility must make the determination.'')
                                No further notification is necessary
                                until such time that the waste or
                                facility change, in which case a new
                                notification must be sent and a copy
                                placed in the generator's file.
268.9(a).....................  (a) The initial generator of a solid
                                waste must determine each EPA Hazardous
                                Waste Number (waste code) applicable to
                                the waste in order to determine the
                                applicable treatment standards under
                                subpart D of this part. For purposes of
                                part 268, the waste will carry the waste
                                code for any applicable listed waste
                                (Part 261, Subpart D). In addition,
                                where the waste exhibits a
                                characteristic, the waste will carry one
                                or more of the characteristic waste
                                codes (Part 261, Subpart C), except when
                                the treatment standard for the listed
                                waste operates in lieu of the treatment
                                standard for the characteristic waste,
                                as specified in paragraph (b) of this
                                section. If the generator determines
                                that their waste displays a hazardous
                                characteristic (and is not D001
                                nonwastewaters treated by CMBST, RORGS,
                                OR POLYM of Sec.   268.42, Table 1), the
                                generator must determine the underlying
                                hazardous constituents (as defined at
                                Sec.   268.2(i)) in the characteristic
                                waste.

                               (a) The initial generator of a solid
                                waste must determine each EPA Hazardous
                                Waste Number (waste code) applicable to
                                the waste in order to determine the
                                applicable treatment standards under
                                subpart D of this part. This
                                determination may be made concurrently
                                with the hazardous waste determination
                                required in Sec.   262.11 of this
                                chapter. For purposes of part 268, the
                                waste will carry the waste code for any
                                applicable listed waste (Part 261,
                                Subpart D). In addition, where the waste
                                exhibits a characteristic, the waste
                                will carry one or more of the
                                characteristic waste codes (Part 261,
                                Subpart C), except when the treatment
                                standard for the listed waste operates
                                in lieu of the treatment standard for
                                the characteristic waste, as specified
                                in paragraph (b) of this section. If the
                                generator determines that their waste
                                displays a hazardous characteristic (and
                                is not D001 nonwastewaters treated by
                                CMBST, RORGS, OR POLYM of Sec.   268.42,
                                Table 1), the generator must determine
                                the underlying hazardous constituents
                                (as defined at Sec.   268.2(i)) in the
                                characteristic waste.
------------------------------------------------------------------------

 Table 7.--Obsolete Regulatory Language Being Deleted for Permitted Treatment, Storage, and Disposal Facilities
----------------------------------------------------------------------------------------------------------------
                                                                           Current regulatory language
                                                               -------------------------------------------------
             CFR section                Regulatory requirement    New regulatory requirement as amended by the
                                                                              Burden Reduction Rule
----------------------------------------------------------------------------------------------------------------
264.193(a)(2)........................  Tank Systems:            For all existing tank systems used to store or
                                        Containment and          treat EPA Hazardous Waste Nos. F020, F021,
                                        detection of releases.   F022, F023, F026, and F027, within two years
                                                                 after January 12, 1987.
                                                                Section 264.193(a)(2) is being deleted.
264.193(a)(3)........................  Tank Systems:            For those existing tank systems of known and
                                        Containment and          documented age, within two years after January
                                        detection of releases.   12, 1987 or when the tank system has reached 15
                                                                 years of age, whichever comes later.
                                                                Section 264.193(a)(3) is being deleted.
264.193(a)(4)........................  Tank Systems:            For those existing tank systems for which the
                                        Containment and          age cannot be documented, within eight years of
                                        detection of releases.   January 12, 1987; but if the age of the
                                                                 facility is greater than seven years, secondary
                                                                 containment must be provided by the time the
                                                                 facility reaches 15 years of age, or within two
                                                                 years of January 12, 1987, whichever comes
                                                                 later.
                                                                Section 264.193(a)(4) is being deleted.
264.251(c)...........................  Waste Piles: Design and  The owner or operator of each new waste pile
                                        operating requirements.  unit on which construction operating commences
                                                                 after January 29, 1992, each lateral expansion
                                                                 of a waste pile unit on which construction
                                                                 commences after July 29, 1992, and each
                                                                 replacement of an existing waste pile unit that
                                                                 is to commence reuse after July 29, 1992 must
                                                                 install two or more liners and a leachate
                                                                 collection and removal system above and between
                                                                 such liners. ``Construction commences'' is as
                                                                 defined in section 260.10 under ``existing
                                                                 facility''.
                                                                The owner or operator of each new waste pile
                                                                 unit, each lateral expansion of a waste pile
                                                                 unit, and each replacement of an existing waste
                                                                 pile unit must install two or more liners and a
                                                                 leachate collection and removal system above
                                                                 and between such liners.
264.314(a)...........................  Land fills: Special      Bulk or non-containerized liquid waste or waste
                                        requirements for bulk    containing free liquids may be placed in a
                                        and containerized        landfill prior to May 8, 1985.
                                        liquids.
                                                                Section 264.314(a) is being deleted.
264.314(b)...........................  Landfills: Special       Effective May 8, 1995, the placement of bulk or
                                        requirements for bulk    non-containerized liquid hazardous waste or
                                        and containerized        hazardous waste containing free liquids
                                        liquids.                 (whether or not sorbents have been added) in
                                                                 any landfill is prohibited.
                                                                The placement of bulk or non-containerized
                                                                 liquid hazardous waste or hazardous waste
                                                                 containing free liquids (whether or not
                                                                 sorbents have been added) in any landfill is
                                                                 prohibited.
264.314(f)...........................  Land Fills: Special      Effective November 8, 1985, the placement of any
                                        requirements for bulk    liquid which is not a hazardous waste in a
                                        and containerized        landfill is prohibited unless the owner or
                                        liquids.                 operator of such landfill demonstrates to the
                                                                 Regional Administrator, or the Regional
                                                                 Administrator determines that:
                                                                The placement of any liquid which is not a
                                                                 hazardous waste in a landfill is prohibited
                                                                 unless the owner or operator of such landfill
                                                                 demonstrates to the Regional Administrator, or
                                                                 the Regional Administrator determines that:
264.1100.............................  Containment Buildings.   The requirements of ths subpart apply to owners
                                        Applicability.           or operators who store or treat hazardous waste
                                                                 in units designed and operated under Sec.
                                                                 264.1101 of this subpart. These provisions will
                                                                 become effective on February 18, 1993, although
                                                                 owner or operator may notify the Regional
                                                                 Administrator of his intent to be bound by this
                                                                 subpart at an earlier time. The owner or
                                                                 operator is not subject to the definition of
                                                                 land disposal in RCRA Sec.   3004(k) provided
                                                                 that the unit:
                                                                The requirements of this subpart apply to owners
                                                                 or operators who store or treat hazardous waste
                                                                 in units designed and operated under Sec.
                                                                 264.1101 of this subpart. The owner or operator
                                                                 is not subject to the definition of land
                                                                 disposal in RCRA Sec.   3004(k) provided that
                                                                 the unit:

264.1101(c)(2).......................  Containment Buildings.   Obtain certification by a qualified registered
                                        Design and Operating     professional engineer that the containment
                                        Standards.               building design meets the requirements of
                                                                 paragraphs (a) through (c) of this section. For
                                                                 units placed into operation prior to February
                                                                 18, 1993, this certification must be placed in
                                                                 the facility's operating record (on-site files
                                                                 for generators who are not formally required to
                                                                 have operating records) no later than 60 days
                                                                 after the date of initial operation of the
                                                                 unit. After February 18, 1993, PE certification
                                                                 will be required prior to operation of the
                                                                 unit.
                                                                Obtain and keep on-site a certification by a
                                                                 qualified professional engineer that the
                                                                 containment building design meets the
                                                                 requirements of paragraphs (a), (b), and (c) of
                                                                 this section.
----------------------------------------------------------------------------------------------------------------

    Table 8.--Obsolete Regulatory Language Being Deleted for Interim Status Treatment, Storage, and Disposal
                                                   Facilities
----------------------------------------------------------------------------------------------------------------
                                                                           Current regulatory language
                                                               -------------------------------------------------
             CFR section                Regulatory requirement    New regulatory requirement as amended by the
                                                                              Burden Reduction Rule
----------------------------------------------------------------------------------------------------------------
265.193(a)(2)........................  Tank Systems:            For all existing tank systems used to and store
                                        Containment and          or treat EPA Hazardous Waste Nos. F020, F021,
                                        detection of releases.   F022, F023, F026, and F027, within two years
                                                                 after January 12, 1987.
                                                                Section 265.193(a)(2) is being deleted.
265.193(a)(3)........................  Tank Systems:            For those existing tank systems of known and
                                        Containment and          documentable age, within two years after
                                        detection of releases.   January 12, 1987, or when the tank system has
                                                                 reached 15 years of age, whichever comes later.
                                                                Section 265.193(a)(3) is being deleted.
265.193(a)(4)........................  Tank Systems:            For those existing tank systems for which the
                                        Containment and          age cannot be documented, within eight years of
                                        detection of releases.   January 12, 1987; but if the age of the
                                                                 facility is greater than seven years, secondary
                                                                 containment must be provided by the time the
                                                                 facility reaches 15 years of age, or within two
                                                                 years of January 12, 1987, whichever comes
                                                                 later.
                                                                Section 265.193(a)(4) is being deleted.
265.314(a)...........................  Land Fills: Special      Bulk or non-containerized liquid waste or waste
                                        requirements for bulk    containing free liquids may be placed in a
                                        and containerized        landfill prior to May 8, 1985.
                                        liquids.
                                                                Section 265.314(a) is being deleted.
265.314(b)...........................  Land Fills: Special      Effective May 8, 1995, the placement of bulk or
                                        requirements for bulk    non-containerized liquid hazardous waste or
                                        and containerized        hazardous waste containing free liquids
                                        liquids.                 (whether or not sorbents have been added) in
                                                                 any landfill is prohibited.
                                                                The placement of bulk or non-containerized
                                                                 liquid hazardous waste or hazardous waste
                                                                 containing free liquids (whether or not
                                                                 sorbents have been added) in any landfill is
                                                                 prohibited.
265.314(g)...........................  Land Fills: Special      Effective November 8, 1985, the placement of any
                                        requirements for bulk    liquid which is not a hazardous waste in a
                                        and containerized        landfill is prohibited unless the owner or
                                        liquids.                 operator of such landfill demonstrates to the
                                                                 Regional Administrator, or the Regional
                                                                 Administrator determines that:
                                                                The placement of any liquid which is not a
                                                                 hazardous waste in a landfill is prohibited
                                                                 unless the owner or operator of such landfill
                                                                 demonstrates to the Regional Administrator, or
                                                                 the Regional Administrator determines that:
265.1100.............................  Containment Buildings.   The requirements of ths subpart apply to owners
                                        Applicability.           or operators who store or treat hazardous waste
                                                                 in units designed and operated under Sec.
                                                                 265.1101 of this subpart. These provisions will
                                                                 become effective on February 18, 1993, although
                                                                 owner or operator may notify the Regional
                                                                 Administrator of his intent to be bound by this
                                                                 subpart at an earlier time. The owner or
                                                                 operator is not subject to the definition of
                                                                 land disposal in RCRA Sec.   3004(k) provided
                                                                 that the unit:
                                                                The requirements of this subpart apply to owners
                                                                 or operators who store or treat hazardous waste
                                                                 in units designed and operated under Sec.
                                                                 265.1101 of this subpart. The owner or operator
                                                                 is not subject to the definition of land
                                                                 disposal in RCRA Sec.   3004(k) provided that
                                                                 the unit:
265.1101(c)(2).......................  Containment Buildings.   Obtain certification by a qualified registered
                                        Design and Operating     professional engineer that the containment
                                        Standards.               building design meets the requirements of
                                                                 paragraphs (a) through (c) of this section. For
                                                                 units placed into operation prior to February
                                                                 18, 1993, this certification must be placed in
                                                                 the facility's operating record (on-site files
                                                                 for generators who are not formally required to
                                                                 have operating records) no later than 60 days
                                                                 after the date of initial operation of the
                                                                 unit. After February 18, 1993, PE certification
                                                                 will be required prior to operation of the
                                                                 unit.
                                                                Obtain and keep on-site a certification by a
                                                                 qualified professional engineer that the
                                                                 containment building design meets the
                                                                 requirements of paragraphs (a), (b), and (c) of
                                                                 this section.

265.221(a)...........................  Surface Impoundments:    The owner or operator of each new surface
                                        Design and operating     impoundment unit on which construction
                                        requirements.            commences after January operating 29, 1992,