Under the statutory authority of the
Resource Conservation and Recovery Act (RCRA), EPA originally
promulgated the hazardous waste generator regulatory program in
1980. Since that time, the basic regulatory framework of the
program has remained intact except for three major changes. First,
pursuant to the Hazardous and Solid Waste Amendments (HSWA) of
1984, the Agency established regulations in 1986 that distinguished
between generators generating more than 100 kilograms and less than
1,000 kilograms of hazardous waste in a calendar month (small
quantity generators, or SQGs) and generators generating 100
kilograms or less in a calendar month (conditionally exempt small
quantity generators, or CESQGs). Prior to the 1986 rule, CESQGs did
not exist as a separate generator class, and all facilities
generating less than 1,000 kilograms of hazardous waste in a
calendar month were subject to the same requirements. Second, and
also as a result of HSWA, EPA established Land Disposal Restriction
(LDR) regulations. The Agency’s LDR program established treatment
standards for hazardous wastes, and specified requirements that
generators, transporters, and owners or operators of treatment,
storage, and disposal facilities (TSDFs) that manage restricted
wastes destined for land disposal must meet. Third, EPA modified
the Uniform Hazardous Waste Manifest regulations in 2005 to
standardize the content and appearance of the manifest form, make
the forms available from a greater number of sources, and adopt new
procedures for tracking certain types of hazardous waste shipments.
Over the course of the last 30 years, the Agency has become aware
of ambiguities and gaps in the regulations, which, if corrected,
could make the program more effective in protecting human health
and the environment. For example current regulations do not require
that hazardous waste container labels include information on the
specific hazards of container contents or what risk these wastes
could pose to human health and the environment when such waste is
accumulated on-site. EPA has also become increasingly aware of
certain inflexibilities in the generator regulations over the last
30 years. For example, some generators, particularly those located
in urban environments, may find it infeasible to meet the
requirement that containers holding ignitable or reactive waste be
placed at least 15 meters (~50 feet) back from the facility’s
property line. In addition, current regulations require that a
CESQG or SQG that experiences an episodic generation event
resulting in the generation of more than 1,000 kilograms of
hazardous waste in a calendar month comply with the regulatory
requirements for large quantity generators (LQGs). Requiring CESQGs
or SQGs that rarely exceed their normal regulatory status to meet
the full LQG requirements as a result of such episodic events may
be burdensome. To address these shortcomings in the current
generator regulations, EPA is implementing several specific changes
to the hazardous waste generator program. These improvements are
relatively minor on an individual basis yet address a wide range of
issues. Specifically, EPA is (1) revising different components of
the hazardous waste regulatory program; (2) addressing gaps in the
current regulations; (3) providing greater flexibility for
hazardous waste generators to manage their hazardous waste in a
cost-effective manner; (4) reorganizing the hazardous waste
generator regulations to improve their usability among regulated
facilities; and (5) making technical corrections and conforming
changes to address inadvertent errors, remove obsolete programs,
and improve the readability of the regulations. In aggregate, the
changes to the program are expected to significantly improve
regulatory efficiency and provide further protection of human
health and the environment.
US Code:
42
USC 6901 Name of Law: Resource Conservation and Recovery Act
(RCRA)
US Code: 42
USC 6922 Name of Law: Resource Conservation and Recovery Act
(RCRA)
US Code: 42
USC 6923 Name of Law: Resource Conservation and Recovery Act
(RCRA)
There is an increase in burden
due to new requirements in the Final Rule.
$343,000
No
No
No
No
No
Uncollected
Laura Stanley 703
308-7285
No
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
2513ss02.docx
State and Local Authorities