January 19, 2024

RCRA Technical Corrections Rule Partially Withdrawn

On December 6, 2023, EPA issued a partial withdrawal of its August 9, 2023 RCRA technical corrections direct final rule. [88 FR 84710] Discussed in a previous article, the August 2023 final rule corrected typographical errors, updated incorrect citations, and clarified various provisions tied to the generator improvements rule, hazardous waste pharmaceuticals rule, and definition of solid waste rule. [88 FR 54086] The partial withdrawal has been issued because EPA received adverse comments on several provisions of the direct final rule. The following provisions, initially finalized, have thus been withdrawn:

1. §261.4(e)(1) text for sample waste generated or collected from treatability studies.
2. Waste characterization changes in §262.11(d) and §262.11(g) for identifying characteristic waste codes when a listed waste code addresses the characteristic.
3. §262.16(b)(1) accumulation limits for small quantity generators (SQGs) generating acute hazardous waste.
4. Introductory language changes in §262.17(a)(8)(i) related to large quantity generator closure notifications when closing a waste accumulation unit but not closing the entire facility.
5. Adding “RCRA” to the term designated facility in §262.232(b)(6)(iv) to match other similar provisions.
6. §266.508(a)(2)(ii) language allowing waste codes or the term “PHRM” to be entered in block 13 of the uniform hazardous waste manifest in addition to the required term “PHARMS.” Per RO 14919, “PHRM” may be used as an alternative to “PHARMS.”

Finalized and Effective Amendments

Of the original final rule, only a few amendments became effective:

• Language in the §261.4(a)(25) transfer-based exclusion previously discussing obsolete export requirements to OECD member countries was replaced with verbiage for submitting Electronic Export Information to the Automated Export System.
• Very small generators using the episodic generation provisions must now follow the recordkeeping requirements for SQGs in §262.44. [§262.232(a)(5)] Such SQG requirements include retaining copies of manifests and exception reports.
• Additional corrections were made throughout §262.16, §262.17, and §266.508, but these corrections only addressed incorrect citations and added clarifying but non-substantive language.

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