[Federal Register: June 16, 2005 (Volume 70, Number 115)]
[Rules and Regulations]
[Page 35034-35041]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn05-11]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 262, 264, and 265
[FRL-7925-1]
RIN 2050-AE21
Hazardous Waste Management System; Modification of the Hazardous
Waste Manifest System; Correction
AGENCY: Environmental Protection Agency.
ACTION: Final rule; correcting amendments.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is correcting errors
that appeared in the Hazardous Waste Manifest Final Rule, which was
published in the Federal Register (FR) on March 4, 2005 (70 FR 10776).
This final rule does not create new regulatory requirements.
EFFECTIVE DATE: This final rule is effective September 6, 2005.
ADDRESSES: EPA has established a docket for the manifest final rule
under Docket ID No. RCRA-2001-0032. All documents--including this
correction--in the docket are listed in the EDOCKET index at http://www.epa.gov/edocket.
Although listed in the index, some information is
not publicly available, i.e., 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 available publicly
only in hard copy form. Docket materials are available either
electronically in EDOCKET or in hard copy at the EPA Docket Center
(EPA/DC), EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the EPA Docket Center is (202) 566-0270.
FOR FURTHER INFORMATION CONTACT: For further information regarding
specific aspects of this document, contact Bryan Groce, Office of Solid
Waste, (703) 308-8750, groce.bryan@epa.gov, or Richard LaShier, Office
of Solid Waste, (703) 308-8796, lashier.rich@epa.gov. Mail inquiries
may be directed to the Office of Solid Waste, (5304W), 1200
Pennsylvania Avenue NW., Washington, DC 20460.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Does This Rule Create New Federal Requirements?
II. What Does This Rule Do?
III. Why Is This Correction Issued as a Final Rule?
IV. Why Are the Clarifications and Corrections in This Rule
Necessary?
A. Corrections and Clarifications to the PRA Burden Statement.
B. Corrections to Item 5 of the Manifest Form Instructions.
C. Corrections to Item 15 of the Manifest Form Instructions.
D. Corrections and Clarifications to 40 CFR 262.33 and to
262.20(a)(2).
E. Corrections to 40 CFR 264.72(e)(4) and to 265.72(e)(4).
V. Statutory and Executive Order Reviews.
I. Does This Rule Create New Federal Requirements?
No. This rule creates no new regulatory requirements; rather, it
corrects errors made in the Appendix to part 262 of chapter 40 of the
Code of Federal Regulations (CFR) and corrects certain manifest
regulations that were promulgated in the March 4, 2005 Federal
Register.
II. What Does This Rule Do?
This rule corrects the printing omissions of the manifest form (EPA
Form 8700-22) and the continuation sheet (EPA Form 8700-22A), which
were omitted inadvertently from the final rule promulgated on March 4,
2005 (70 FR 10776), by inserting the manifest form (EPA Form 8700-22)
and the continuation sheet (EPA Form 8700-22A) into the corresponding
manifest instructions. In addition, this rule amends portions of the
instructions for the manifest form and continuation sheet, which are
contained in the Appendix to part 262 of chapter 40 of the CFR, amends
the marking requirements at 40 CFR 262.33 for hazardous waste
generators and amends the manifest discrepancy requirements at 40 CFR
264.72 and 265.72. Specifically, the rule:
(1) Corrects the EPA mailing address for comment submissions
regarding the Paperwork Reduction Act (PRA) burden statement estimates;
(2) Corrects the incorrect description of the telephone number to
insert in Item 5 of the manifest instructions;
(3) Corrects the wording in the instructions to the first
certification (i.e., the Generator Certification) in Item 15 so that it
is consistent with the revised certification wording on the manifest
form;
(4) Clarifies that the reference to the DOT marking regulation
(i.e., 49 171.3(b)(1)) in 40 CFR 262.33 does not apply to generators,
and deletes it from the placarding regulation that is applicable to
generators; and,
(5) Corrects errors in 40 CFR 264.72(e)(4) and in 265.72(e)(4)
pertaining to manifest discrepancies.
This final rule will be effective on September 6, 2005, which is
the same effective date of the March 4, 2005 Manifest Final Rule. We
believe this approach will minimize confusion about the new manifest
form and procedures.
III. Why Is This Correction Issued as a Final Rule?
Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(B), provides when an agency for good cause finds that notice and
public procedures are impracticable, unnecessary, or contrary to the
public interest, the agency may issue a rule without providing notice
and an opportunity for public comment. We have determined that there is
good cause for making this action final without prior proposal and
opportunity for comment because these corrections to the final rule do
not change the requirements of the final rule. They are minor
corrections and are not controversial. Thus, notice and public comment
are unnecessary. We find that this constitutes good cause under 5
U.S.C. 553(b)(B).
IV. Why Are the Clarifications and Corrections in This Rule Necessary?
EPA believes the errors in the March 4, 2005 Federal Register
notice may cause confusion about the new manifest form and procedures.
Therefore, we are explaining the corrections below.
A. Corrections and Clarifications to the PRA Burden Statement
The EPA mailing address contained in the PRA burden statement for
manifest completion is incorrect. We are amending the manifest
instructions in the Appendix to 40 CFR part 262 by correcting the EPA
mailing instructions contained in the PRA burden statement so that any
correspondence regarding
[[Page 35035]]
the manifest burden estimate is sent to the appropriate division in the
Office of Information Collection. We also are amending the PRA burden
statement by removing the mailing address for the Office of Management
and Budget. Any correspondence regarding the PRA burden statement for
the manifest must be sent to the Director of the Collection Strategies
Division in EPA's Office of Information Collection at the following
address: U.S. Environmental Protection Agency (2822T), 1200
Pennsylvania Ave., NW., Washington, DC 20460.
B. Corrections to Item 5 of the Manifest Form Instructions
Item 5 instructions require a manifest preparer to enter the
generator's name, the mailing address to which the completed manifest
signed by the designated facility should be mailed, and the generator's
telephone number (including the area code). However, the instructions
published on March 4 incorrectly state that the telephone number should
be the number where the generator or his authorized agent may be
reached to provide instructions in the event of an emergency. Given
that Item 3 already requires an emergency phone number, that
information does not need to be repeated in Item 5. Instead, the number
provided in Item 5 should be the normal business phone number for the
generator, or the number where the generator or his authorized agent
may be reached to provide instructions in the event the designated and/
or alternate (if any) facility rejects some or all of the shipment.
Therefore, we are correcting the Item 5 instruction accordingly.
C. Corrections to Item 15 of the Manifest Instructions
The wording of the shipper's certification statement contained in
the Generator's certification on the manifest, and the wording of the
shipper's certification statement contained in the instructions to Item
15 are different. This final rule corrects the wording in the shipper's
certification statement contained in the instructions to Item 15 so
that it matches exactly the wording in the Generator's certification on
the manifest. The corrected wording in the instructions is as follows:
``I hereby declare that the contents of this consignment are fully
and accurately described above by the proper shipping name, and are
classified, packaged, marked, and labeled/placarded, and are in all
respects in proper condition for transport by highway according to
applicable international and national governmental regulations. If
export shipment and I am the Primary Exporter, I certify that the
contents of this consignment conform to the terms of the attached EPA
Acknowledgment of Consent.''
D. Corrections and Clarifications to 40 CFR 262.33 and to 262.20(a)(2)
In the May 2001 proposed rule, EPA proposed to amend 40 CFR 262.33
by referencing an existing DOT marking regulation (49 CFR 171.3(b)(1))
in 40 CFR part 262.33, which requires hazardous material (Hazmat)
carriers (i.e., transporters) to mark their name and motor carrier
identification number on their vehicles. We proposed this change and
subsequently retained it in the March 4, 2005 final rule to make
generators aware of the DOT requirement, and because we believed that
generators also are required to mark transportation vehicles, according
to 49 CFR 171.3(b)(1), in situations where placards are not required.
We did not intend to create new marking requirements for hazardous
waste generators; rather, we added the reference to 49 CFR 171.3(b)(1)
because at that time we understood the existing DOT regulation to apply
to both generators and transporters. However, we now understand that 49
CFR 171.3(b)(1) only applies to persons who accept for transportation,
transport, or deliver hazardous waste (i.e., carriers or transporters),
and it is therefore inappropriate to include this reference in EPA's
generator regulations. This final rule deletes the DOT reference to 49
CFR 171.3(b)(1) from the placarding requirement at 40 CFR 262.33 and
reinstates the placarding provisions that were in effect prior to the
March 4, 2005 final rule. Therefore, existing generator marking
requirements remain unchanged. Generators must placard or offer the
initial transporter the appropriate placards according to DOT
regulations in part 172, subpart F of Chapter 49 of the CFR, before
transporting hazardous waste or offering hazardous waste for
transportation off-site. Per the correction made to 40 CFR part 262.33
in this final rule, we also are correcting 40 CFR 262.20(a)(2). The
reference to 40 CFR 262.33 in that section no longer is relevant.
Therefore, we are removing it accordingly.
E. Corrections to 40 CFR 264.72(e)(4) and to 265.72(e)(4)
Paragraph (e)(4) in 40 CFR 264.72 and in 265.72 incorrectly
contains the words ``of this chapter'' at the end of the sentence.
These words are not necessary, and this notice corrects the error by
removing those words from the end of the sentence in 40 CFR
264.72(e)(4) and in 265.72(e)(4).
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order No. 12866 (58 FR 51735, October 4, 1993),
Federal agencies must determine whether a regulatory action is
``significant'' and therefore subject to OMB review and the
requirements of the Executive Order. The Order defines a ``significant
regulatory action'' as one that is likely to result in a rule that may:
``(1) Have an annual effect on the economy of $100 million or more or
adversely affect, in a material way, the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities; (2) create serious inconsistency or otherwise interfere
with an action taken or planned by another agency; (3) materially alter
the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients; or, (4) raise
novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order.''
Pursuant to the terms of Executive Order 12866, it has been
determined that this rule is not a ``significant regulatory action''
under the terms of Executive Order 12866 and is therefore not subject
to OMB review.
B. Paperwork Reduction Act
This final rule corrects errors in a previous rule and does not
create any new regulatory requirements, and thus it does not contain
any information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq.
C. Regulatory Flexibility Analysis
The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C.
601 et. seq., generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute, unless the agency certifies that the rule will not have
a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions. EPA has determined that today's
rule will not have significant
[[Page 35036]]
economic impact on a substantial number of small entities. The rule
does not impose any additional burdens on small entities because it
does not create any new regulatory requirements. Therefore, EPA has
determined that it is appropriate to certify that this rule will not
have a significant economic impact on a substantial number of small
entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. For the reason described above, the
rule does not create any new requirements, anddoes not contain a
Federal mandate that may result in expenditures of $100 million or more
to State, local, or tribal governments in the aggregate, or for the
private sector. The rule likewise contains no regulatory requirements
that might significantly or uniquely affect small governments under
section 203 of the UMRA and imposes no burdens that may result in
annual expenditures of $100 million or more. Accordingly, the
requirements of UMRA do not apply.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires Federal agencies to develop an accountable process
to ensure ``meaningful and timely input by State and local officials in
the development of regulatory policies that have federalism
implications.'' The Executive Order defines ``policies that have
federalism implications'' to include regulations that have
``substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.'' This
rule does not create any new Federal requirements. Therefore, this
final rule does not have federalism implications, and it would not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132.
F. Executive Order 13175: Consultation With Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.''
This final rule does not have tribal implications, as specified in
Executive Order 13175. It does not impose any new requirements on
tribal officials nor does it impose substantial direct compliance costs
on them. This rule does not create a mandate for tribal governments,
nor does it impose any enforceable duties on these entities. This rule
corrects errors to existing regulations governing the tracking of
hazardous waste from a generator's site to the site of its disposition.
Thus, Executive Order 13175 does not apply to this rule.
G. Executive Order 13045: Protection of Children--Applicability of
Executive Order 13045
The Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997) applies to any rule that EPA determines (1) to be ``economically
significant'' as defined under Executive Order 12866, and (2) concerns
an environmental health or safety risk that EPA has reason to believe
may have a disproportionate effect on children. If the regulatory
action meets both criteria, the Agency must evaluate the environmental
health or safety effects of the planned rule on children, and explain
why the planned regulation is preferable to other potentially effective
and reasonably feasible alternatives considered.
This correction is not subject to Executive Order 13045 because it
is not an economically significant regulatory action as defined by
Executive Order 12866, and it does not involve decisions on
environmental health risks or safety risks that may disproportionately
affect children.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because this correction does not create any new
Federal requirements, and it will not have a significant adverse effect
on the supply, distribution, or use of energy.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities, unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards. This
correction does not involve technical standards. Therefore, EPA is not
considering the use of any voluntary consensus standards.
J. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will become effective on September 6, 2005.
List of Subjects
40 CFR Part 262
Environmental protection, Exports, Hazardous materials
transportation, Hazardous waste, Imports, Labeling, Packaging and
containers, Reporting and recordkeeping requirements.
40 CFR Part 264
Environmental protection, Hazardous waste, Packaging and
containers, Reporting and recordkeeping requirements, Security
measures.
40 CFR Part 265
Environmental protection, Hazardous waste, Packaging and
containers, Reporting and recordkeeping requirements.
[[Page 35037]]
Dated: June 10, 2005.
Stephen L. Johnson,
Administrator.
0
For the reasons stated in the preamble, title 40, chapter 1 of the Code
of Federal Regulations is amended as follows:
PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
0
1. The authority citation for part 262 continues to read as follows:
Authority: 42 U.S.C. 6906, 6912, 6922-6925, 6937, and 6938.
0
2. Section 262.20 is amended by revising paragraph (a)(2) to read as
follows:
Sec. 262.20 General Requirements
* * * * *
(a) * * *
(2) The revised manifest form and procedures in 40 CFR 260.10,
261.7, 262.20, 262.21, 262.27, 262.32, 262.34, 262.54, 262.60, and the
appendix to part 262, shall not apply until September 5, 2006. The
manifest form and procedures in 40 CFR 260.10, 261.7, 262.20, 262.21,
262.32, 262.34, 262.54, 262.60, and the Appendix to part 262, contained
in the 40 CFR, parts 260 to 265, edition revised as of July 1, 2004,
shall be applicable until September 5, 2006.
* * * * *
0
3. Section 262.33 is revised to read as follows:
Sec. 262.33 Placarding.
Before transporting hazardous waste or offering hazardous waste for
transportation off-site, a generator must placard or offer the initial
transporter the appropriate placards according to Department of
Transportation regulations for hazardous materials under 49 CFR part
172, subpart F.
0
4. The appendix to part 262 is amended by adding the manifest form (EPA
Form 8700-22) and continuation sheet (EPA Form 8700-22A) into the
corresponding manifest instructions, by revising paragraph 2 of the
introductory text (the manifest Paperwork Reduction Act burden
statement), the two paragarpahs preceeding the Instructions for
Generators, and by revising Item 5 and Item 15 of the manifest
instructions to read as follows:
Appendix to Part 262--Uniform Hazardous Waste Manifest and Instructions
(EPA Forms 8700-22 and 8700-22a and Their Instructions) U.S. EPA Form
8700-22
* * * * *
2. Federal regulations require generators and transporters of
hazardous waste and owners or operators of hazardous waste
treatment, storage, and disposal facilities to complete this form
(FORM 8700-22) and, if necessary, the continuation sheet (FORM 8700-
22A) for both inter- and intrastate transportation of hazardous
waste.
BILLING CODE 6560-50-P
[[Page 35038]]
[GRAPHIC] [TIFF OMITTED] TR16JN05.012
[[Page 35039]]
Manifest 8700-22
The following statement must be included with each Uniform
Hazardous Waste Manifest, either on the form, in the instructions to
the form, or accompanying the form:
Public reporting burden for this collection of information is
estimated to average: 30 minutes for generators, 10 minutes for
transporters, and 25 minutes for owners or operators of treatment,
storage, and disposal facilities. This includes time for reviewing
instructions, gathering data, completing, reviewing and transmitting
the form. Any correspondence regarding the PRA burden statement for the
manifest must be sent to the Director of the Collection Strategies
Division in EPA's Office of Information Collection at the following
address: U.S. Environmental Protection Agency (2822T), 1200
Pennsylvania Ave., NW., Washington, DC 20460. Do not send the completed
form to this address.
I. Instructions for Generators
* * * * *
Item 5. Generator's Mailing Address, Phone Number and Site Address
Enter the name of the generator, the mailing address to which the
completed manifest signed by the designated facility should be mailed,
and the generator's telephone number. Note, the telephone number
(including area code) should be the normal business number for the
generator, or the number where the generator or his authorized agent
may be reached to provide instructions in the event the designated and/
or alternate (if any) facility rejects some or all of the shipment.
Also enter the physical site address from which the shipment originates
only if this address is different than the mailing address.
* * * * *
Item 15. Generator's/Offeror's Certifications
1. The generator must read, sign, and date the waste minimization
certification statement. In signing the waste minimization
certification statement, those generators who have not been exempted by
statute or regulation from the duty to make a waste minimization
certification under section 3002(b) of RCRA are also certifying that
they have complied with the waste minimization requirements. The
Generator's Certification also contains the required attestation that
the shipment has been properly prepared and is in proper condition for
transportation (the shipper's certification). The content of the
shipper's certification statement is as follows: ``I hereby declare
that the contents of this consignment are fully and accurately
described above by the proper shipping name, and are classified,
packaged, marked, and labeled/placarded, and are in all respects in
proper condition for transport by highway according to applicable
international and national governmental regulations. If export shipment
and I am the Primary Exporter, I certify that the contents of this
consignment conform to the terms of the attached EPA Acknowledgment of
Consent.'' When a party other than the generator prepares the shipment
for transportation, this party may also sign the shipper's
certification statement as the offeror of the shipment.
2. Generator or Offeror personnel may preprint the words, ``On
behalf of'' in the signature block or may hand write this statement in
the signature block prior to signing the generator/offeror
certification, to indicate that the individual signs as the employee or
agent of the named principal.
Note: All of the above information except the handwritten
signature required in Item 15 may be pre-printed.
* * * * *
Item 20. Designated Facility Owner or Operator Certification of Receipt
(Except as Noted in Item 18a)
* * * * *
[[Page 35040]]
[GRAPHIC] [TIFF OMITTED] TR16JN05.013
BILLING CODE 6560-50-C
[[Page 35041]]
Instructions--Continuation Sheet, U.S. EPA Form 8700-22A
* * * * *
PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
0
5. The authority citation for part 264 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6924, and 6925.
Subpart E--Manifest System, Recordkeeping, and Reporting
0
6. Section 264.72 is amended by revising paragraph (e)(4) to read as
follows:
Sec. 264.72 Manifest discrepancies.
* * * * *
(e) * * *
(4) Copy the manifest tracking number found in Item 4 of the new
manifest to the manifest reference number line in the Discrepancy Block
of the old manifest (Item 18a).
* * * * *
PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
0
7. The authority citation for part 265 continues to read as follows:
Authority: 42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925,
6935, 6936, and 6937, unless otherwise noted.
Subpart E--Manifest System, Recordkeeping, and Reporting
0
8. Section 265.72 is amended by revising paragraph (e)(4) to read as
follows:
Sec. 265.72 Manifest discrepancies.
* * * * *
(e) * * *
(4) Copy the manifest tracking number found in Item 4 of the new
manifest to the manifest reference number line in the Discrepancy Block
of the old manifest (Item 18a).
* * * * *
[FR Doc. 05-11915 Filed 6-15-05; 8:45 am]
BILLING CODE 6560-50-P