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72024 Federal Register / Vol. 45, No. 212 / Thursday, October 30, 1980 / Rules and Regulations
<br /> ENVIRONMENTAL PROTECTION ADDRESSES:Comments on the discarded or is being accumulated,
<br /> AGENCY amendment should be sent to Docket stared or physically,chemically or
<br /> Clerk [Docket No. 30011,Office of Solid biologically treated prior to being
<br /> 40 CFR Parts 260 and 261 Waste(W-14-565), U.S.Environmental discarded;or[2)has served its original
<br /> Protection Agency,401 M Street,SW., intended use and sometimes is
<br /> ISW FHL 1642-41 Washington,D.C.20480- discarded;or(3)is a manufacturing or
<br /> FOR FURTHER INFORMATION CONTACT; alining by-product and sometimes is
<br /> Hazardous Waste Management For general information,contact Alfred discarded.Section 261.3 provides that a
<br /> System;General and Identification and W.Lindsey,Office of Solid Waste.U.S. solid waste becomes a hazardous waste
<br /> Listing of Hazardous Waste Environmental Protection Agency,401.M when(1)it first meets any of the listing
<br /> Street,SW.,Washington,D.C.20460, descriptions set forth in Part 261,
<br /> AGENCY:Environmental Protection [202)755-•9185.For information on Subpart D.or(2)it first becomes a
<br /> Agency implementation,contact: mixture containing a hazardous waste
<br /> Region I,Dennis Huebner, Chief, listed in Part 261,Subpart D;or(3)It
<br /> andreACTION:interim final amendment to rule Radiation.Waste Management first exhibits one or more of the
<br /> and request for comments. Branch,John F.Kennedy Building. characteristics of hazardous waste
<br /> Boston,Massachusetts 02203, 617 identified in Fart 261,Subpar(C.Section
<br /> CFR267.44to provide that a hazardous [ 1 SUMMARY:This regulation amends 40 223-5777 261.1 provides that hazardous wastes
<br /> CFR 26
<br /> waste that is generated in a product or Region Il,Dr.Emest Regna,Chief,Solid identified in mart 261 are subject to
<br /> Waste Branch,26 Federal Plaza,New regulation under Parts 262 through 265
<br /> raw material storage tank,transport
<br /> vehicle or vessel or in a manufacturing York,New York 10007,(212)264-0504/ and Parts 122 through 124.The effect of
<br /> S these provisions,particularly§ 261.3(b).
<br /> process unit is not subject to regulation �
<br /> under 40 CFR Parts 262 through 265 or Region 111,Robert L.Allen, Chief, is to make hazardous wastes subject to
<br /> Parts 122 through 124 or the Hazardous Materials Branch,Cth and regulation at the point where they are
<br /> requirements of Section Solo of the Walnut Streets,Philadelphia, generated.The point of generation,
<br /> Resource Conservation and Recovery Pennsylvania 19106,(215)597-0980 however,may be a product or raw
<br /> Act (RCRA)until it is removed from the Region IV,James Scarbrough.Chief, material storage tank,transport vehicle
<br /> Residuals Management Branch,345
<br /> unit in which it was generated, is a or vessel,or a manufacturing process
<br /> t.A literal application of the Par(261
<br /> the unit in which it is generated s a Courtland Street,IV.I?.,Atlanta. uni
<br /> t.surface impoundment or unless the Georgia 30365,(404)881-3016 regulations would mean that such units
<br /> hazardous waste remains in the unit for Region V,!Carl 1.Klepitsch,Jr.,Chief, are hazardous waste storage facilities,
<br /> more than go days after the unit ceases Waste Management Branch,230 South and that their owners and operators
<br /> transporting
<br /> operated for
<br /> prr oduct or raw materials the purpose of staring Dearborn Street,Chico8 o,Illinois must comply with the notification
<br /> or to 60604 (312)88G--6148 requirements of Section 3010 of RCRA,
<br /> or manufacturing.This regulation also Region VL R.Stan Jorgensen, Acting submit applications for and obtain
<br /> Chief,Solid Waste Branch,1201 Elm permits under Part 122 and comply with
<br /> definition of"geneCrard o tor"as that it
<br /> amends 40 CFR 2to modify the Street.First international Building- the Interim Status Standards of Part 265
<br /> clearly Covers persona who remove Dallas,Texas 75270, [2141787-2645 until a permit is issued or denied.An
<br /> Region VII,Robert L.Morb Chief, exception to these requirements is
<br /> hazardous wastes from product or raw $ y'
<br /> material storage tanks,transport Hazardous Materials Branch,324 I?. provided in§ 282.34 which states that
<br /> lith Street,Kansas Cit 64106 (818) Y•Missouri hazardous waste may be accumulated
<br /> process units in which the hazardous
<br /> vehicles or vessels,or manufacturing 374-3307 an the site of its generation without a
<br /> waste is generated,Finally, this Region VIII,Lawrence P.Cazda,Chief, permit fete 90 s or less before it is
<br /> days
<br /> regulation amends 40 CFR 260.10 10 add Waste Management Branch,1860 removed and transported off-site for
<br /> definitions for"transport vehicle"and Lincoln Street,Denver,Colorado treatment,storage or disposal.For such
<br /> "vessel."The purpose of alis 80203, [303]837-2221 accumulation,the owner and operator of
<br /> Region IX,Arnold R. Den,Chief, the unit must notify under Section 301(1
<br /> requitement is to allow persons handling and comply with 262.34, including
<br /> hazardous wastes sufficient lead time to !-Hazardous Materials Branch,215 p Y § g
<br /> prepare to comply with major new Fremont Street.San Francisco, requirements for containerization.
<br /> California 94105, (4151 558-46138 labelling,marking,inspection and
<br /> regulatory requirements.The effect of
<br /> these amendments is to reduce the Region X.Kenneth D.Feigner.Chief, personnel training.
<br /> overall costs,economic impact and Waste Management Branch,1200 Many members of the regulated
<br /> reporting and recordkeeping impacts of Sixth Avenue,Seattle.Washington community have questioned the
<br /> EPA's hazardous waste management 98101• (206)442-1260. Agency's intent and wisdom in
<br /> regulations. SUMEMENTARY INFORMATION: regulating those units in which
<br /> aaTEa Effective Date: For the i.Amendment to 40 CFR 251.4 hazardous wastes are first generated.These people claim that such units only
<br /> amendment to 40 CFR 261.4 and the On February 26 and May 19, 1980. incidentally hold or treat hazardous
<br /> definitions of"transport vehicle"and EPA promulgated hazardous waste wastes and thus should not be subject to
<br /> "vessel,"in 40 CFR 260.10,November 19, regulations in 40 CFR Parts 260 through the regulations.They contend that such
<br /> 1980. 265[45 FR 12721 at Seq.and 45 FR 33(H36 hazardous wastes do not pose a hazard
<br /> For the amendment to the definition of el seq.)and on May 19,1980, to human health or the environment
<br /> "generator," in 40 CFR 260.10,April 30, promulgated consolidated permit while they remain in these units.
<br /> 1981. regulations in 40 CFR Parts 122 through Commenters on this issue provided
<br /> Comment Date:This amendment is 124 (45 FR 33289 et seq.1.Section 261.2 of several examples of units in which
<br /> promulgated as an interim final rule.The these regulations provides that a solid hazardous wastes are genera led which
<br /> Agency will accept comments on it until waste is any garbage, refuse or sludge: currently appear to be,perhaps
<br /> December 29,1980, or any other waste material which is f 1) unnecessarily,subject to the regulations.
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