Vol. 61 No. 127 Monday, July 1, 1996 p. 34251

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 257, 261, and 271

[FRL‑5528‑4]

RIN 2050‑AE11

Criteria for Classification of Solid Waste Disposal Facilities and Practices; Identification and Listing of Hazardous Waste; Requirements for Authorization of State Hazardous Waste Programs

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

SUMMARY: The Environmental Protection Agency today is promulgating revisions to the existing criteria for solid waste disposal facilities and practices. These revisions were developed in response to the 1984 Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery Act (RCRA). Today's final revisions establish that only those non‑municipal non‑hazardous waste disposal units that meet specific standards may receive conditionally exempt small quantity generator (CESQG) hazardous wastes. Today's final revisions establish standards pertaining to location restrictions, ground‑water monitoring and corrective action.
	The EPA is also finalizing revisions to regulations for hazardous wastes generated by CESQGs. Today's final language will clarify acceptable disposal options under Subtitle D of RCRA by specifying that CESQG hazardous waste may be managed at municipal solid waste landfills subject to Part 258 and at nonmunicipal non‑hazardous waste disposal units subject to today's revised Criteria.

EFFECTIVE DATES: January 1, 1998, except §§ 257.21 through 257.28 which are effective July 1, 1998, and §§ 261.5(f), 261.5(g) and 271.1 which are effective January 1, 1997, but which have a compliance date of January 1, 1998. The information collection requirements contained in §§ 257.24, 257.25, and 257.27 have not been approved by the Office of Management and Budget (OMB) and are not effective until OMB has approved them.

ADDRESSES: The public docket for this rulemaking (docket number F‑96‑NCEF‑FFFFF) is located at the U.S. Environmental Protection Agency, Crystal Gateway Building, 1235 Jefferson Davis Highway, First Floor, Arlington, Virginia. The public docket is available for viewing from 9 a.m. to 4 p.m., Monday through Friday, excluding federal holidays. Appointments may be made by calling (703) 603‑9230. Copies cost $0.15/page.

FOR FURTHER INFORMATION CONTACT: For specific information on aspects of the final rule, please contact Paul Cassidy of the Industrial Solid Waste Branch of the Office of Solid Waste at 1‑703‑308‑7281. For a paper copy of the Federal Register notice or for general information, please contact the RCRA Hotline at 1‑800‑424‑9346 or at 1‑703‑412‑9810.

>>>> The preamble has not been included in this file. <<<<

	For reasons set out in the preamble, title 40, Chapter I of the Code of Federal Regulations is amended as set forth below:

>>>> Part 257 has not been included because it is not required as part of a State's Hazardous Waste
Program. <<<<

PART 261‑‑IDENTIFICATION AND LISTING OF HAZARDOUS WASTES

	5. The authority citation for Part 261 continues to read as follows:

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

Subpart A‑‑General

	6. Section 261.5 is amended by revising paragraphs (f)(3) and (g)(3) to read as follows:

§ 261.5  Special requirements for hazardous waste generated by conditionally exempt small quantity generators.

*   *   *   *   *
	(f) * * *
	(3) A conditionally exempt small quantity generator may either treat or dispose of his acute hazardous waste in an on‑site facility or ensure delivery to an off‑site treatment, storage, or disposal facility, either of which, if located in the U.S., is:
	(i) Permitted under part 270 of this chapter;
	(ii) In interim status under parts 270 and 265 of this chapter;
	(iii) Authorized to manage hazardous waste by a State with a hazardous waste management program approved under part 271 of this chapter;
	(iv) Permitted, licensed, or registered by a State to manage municipal solid waste and, if managed in a municipal solid waste landfill is subject to Part 258 of this chapter;
	(v) Permitted, licensed, or registered by a State to manage non‑municipal non‑hazardous waste and, if managed in a non‑municipal non‑hazardous waste disposal unit after January 1, 1998, is subject to the requirements in §§ 257.5 through 257.30 of this chapter; or
	(vi) A facility which:
	(A) Beneficially uses or reuses, or legitimately recycles or reclaims its waste; or
	(B) Treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation; or
	(vii) For universal waste managed under part 273 of this chapter, a universal waste handler or destination facility subject to the requirements of part 273 of this chapter.
	(g) * * *
	(3) A conditionally exempt small quantity generator may either treat or dispose of his hazardous waste in an on‑site facility or ensure delivery to an off‑site treatment, storage or disposal facility, either of which, if located in the U.S., is:
	(i) Permitted under part 270 of this chapter;
	(ii) In interim status under parts 270 and 265 of this chapter;
	(iii) Authorized to manage hazardous waste by a State with a hazardous waste management program approved under part 271 of this chapter;
	(iv) Permitted, licensed, or registered by a State to manage municipal solid waste and, if managed in a municipal solid waste landfill is subject to Part 258 of this chapter;
	(v) Permitted, licensed, or registered by a State to manage non‑municipal non‑hazardous waste and, if managed in a non‑municipal non‑hazardous waste disposal unit after January 1, 1998, is subject to the requirements in §§ 257.5 through 257.30 of this chapter; or
	(vi) A facility which:
	(A) Beneficially uses or reuses, or legitimately recycles or reclaims its waste; or
	(B) Treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation; or
	(vii) For universal waste managed under part 273 of this chapter, a universal waste handler or destination facility subject to the requirements of part 273 of this chapter.
*   *   *   *   *

>>>> Part 271 has not been included because it is not required as part of a State's Hazardous Waste
Program. <<<<

[FR Doc. 96‑16585 Filed 6‑26‑96; 11:51 am]
BILLING CODE 6560‑50‑P