Document Qv0Y9XLvx3VxJJxkM45dwX07

(conoco) Interoffice Communication To Distribution From Mary Ann Chance Date December 11, 1980 subject RCRA Federal Registers The attached is for your information: 1. "EPA Environmental Information" This publication is a summary of all amendments and interpre tations that have been published by EPA since the May 19, 1980 Final Regulations and is inclusive of Nov. 12, 1980. Several additional publications have been issued since that time. They include the Nov. 17, 1980 F.R. which referred to Wastewater Treatment Tanks and Neutralization Tanks (mailed to you Nov, 21, 1980). The following have been issued since that time and are attached: 2. Nov. 19, 1980 F.R. 76618 - 76636 "Identification and Listing of Hazardous Waste" - Interim final. This amends the regulations to exclude: a) solid waste from the extraction, beneficiatlon and processing of ores and minerals (including coal), including phos phate rock and overburden from the mining of uranium ore and, b) cement kiln dust wastes. 3. Nov. 19, 1980 "Hazardous Waste Management System: Identification and Listing of Hazardous Waste Standards for Generators of Hazardous Waste" - Interim final rules. This amendment clarified the operation of the special requirements for hazardous waste generated by small quantity generators. Part 262 of the regulations has also been amended to ensure that these generators determine whether their wastes are hazardous. 4. Nov. 19, 1980 "Hazardous Waste Management System: Standards Applicable to Generators of Hazardous Waste" - Interim final rulet This amendment eliminates the distinction between accu mulation for on-site and off-site treatment, storage or disposal, provided that, within 90 days, the waste is sent to a hazardous waste management facility that is either permitted or in interim status. OCR 000040726 Distribution Page 2 December 11, 1980 5. Nov. 19, 1980 "Hazardous Waste Management System" - Interim final rule. EPA makes clear that the requirements for treatment and storage are not applicable to actions taken to immediately contain and treat spills of hazardous wastes and materials which, when spilled, become hazardous waste. This action also adds a definition of spill. 6. Nov. 19, 1980 "Hazardous Waste Management System: General and EPA Administered Permit Programs: The Hazardous Waste Permit Program" - Interim final rule. EPA is amending its hazardous waste permit regulations to clarify the circumstances under which hazardous waste management facilities may qualify for interim status. 7. Nov. 25, 1980 F.R. 78524 - 78529 "Hazardous Waste Management System: General Hazardous Waste Management System; Identification and Listing of Hazardous Waste" - Final amendment and interim final amendments. This new section and the change to 261.33(c) clarify the situations in which residues of hazardous waste that are contained in drums, barrels, tank trucks or other types of containers must be managed as hazardous wastes. 8. Nov. 25, 1980 F.R. 78530 - 78532 "Hazardous Waste Management System; Identification and Listing of Hazardous Waste" - Interim final amendment. Refers to arsenical-treated wood or wood products. 9. Nov. 25, 1980 F.R. 78532 - 78544 "Hazardous Waste Management System: Identification and Listing of Hazardous Waste" - Final rule. EPA is finalizing its lists of commercial chemical products, off-specification products, and inter mediates that, when disposed of, are considered to be hazardous wastes. 10. Nov. 25, 1980 F.R. 78550 - 78554 "Hazardous Waste Management System; Identification and Listing of Hazardous Waste" EPA is temporarily excluding solid wastes generated at several particular generating facilities from hazardous waste status. CtR 000040727 Distribution Page 3 December 11, 1980 11. Dec. 4, 1980 F.R. 80286 "Hazardous Waste Management System; Identification and Listing of Hazardous Waste" - Interim Final Amendment. This amendment is to provide that a hazardous waste that is generated in a product or raw material pipeline is not subject to regulation under RCRA until it is removed from the pipeline in which it was generated, unless it remains in the pipeline for more than 90 days after the pipe line ceases to be operated for the purpose of transporting product or raw materials. The purpose of this amendment is to clarify that such product or raw material pipelines are not treat ment or storage facilities under Section 3004 of RCRA. 12. Dec. 5, 1980 F.R. 80561 "Hazardous Waste Management System; Availability of Information: - Notice of Availability, EPA is making available to the public a draft document entitled "Used Oil Burned As A Fuel." The information in this document will be used to support the Agency's forthcoming regulations on used oil disposal and recycling pursuant to Sections 3004 and 3012 of the RCRA. Please let me know if you would like either of these two related F.R. notices: 1. Nov. 24, 1980 F.R. 77514 - 77516 "Proposed Ground Water Protection" - Notice. EPA is proposing this strategy in the context of two compelling realities: The need to begin a preventive program to protect the quality of the Nation's ground water in the future and to manage the growing number of instances of significant contamination currently being discovered. 2. Nov. 11, 1980 F.R. 74640 - 74670 Dept, of Transportation "Identification Numbers, Hazardous Wastes, Hazardous Substances, International Descriptions, Improved Descriptions, Forbidden Materials, and Organic Peroxides" The purpose of this final rule is to dispose of petitions for reconsideration of the final rules published in the May 22, 1980, Federal Register (45 FR 34560) and to make a number of corrections and clarifications to those rules regarding the following subjects: CCR OOOOA0728 Distribution Page 4 December 11, 1980 1. A numerical identification system, 2. Transportation of hazardous wastes, 3. Identification of, and discharge notifi cations for, hazardous substances, 4. Forbidden Materials, 5. Proper shipping names for organic peroxides, and 6. Technical names of certain hazardous components of materials covered by n.o.s. entries. // (OUUyi Mary Ann Ehance Environmental Administrator Environmental Conservation CCR 000040729 Page 2 Distribution: Conoco Environmental Council Members Chemicals: Joe Ledvina - Houston Jim Gibson - Baltimore Veldon Messick - Aberdeen Jack Neeld - Lake Charles Ed Taylor - Hammond Bill Revelt - Newark Ken Freshour - Oklahoma City Paul Warner - Oklahoma City Greg Hoenes - Lake Charles Gary Foshee - Lake Charles K, M. Resh - Baltimore Philip Ward - Lake Charles Concarb: F. P. Miller - Houston CPL: Dave Koenig - Houston Ed Keough - Houston Legal: Don Linker - Houston Jim Doyle - Houston NGP: Don Derby - Houston Laura Daniel - Houston PED: Ron Gantz - Ponca City Lew Gresswell - Ponca City Bob Schlessman - Ponca City Anne Daubney - Ponca City Tom Heller - Ponca City Refining: R, S. Hodgson - Paramount John Gauen - Billings Eldon Carpenter - Denver Dennis Creamer - Denver Jim Heaton - Paramount John Nash - Lake Charles Richard Thorstenberg - Ponca City J. W. Dallman - Wrenshall Research Services: Dick Tillman - Ponca City Bob Huddleston - Ponca City Technical Services: Mike Alden - Ponca City Transportation: Richard Fitzgerald - Houston Environmental Conservation: Randy Buttram 0000A073Q CCR Cconoco) Interoffice Communication To Note to file From Mary Ann Chance Date December 8, 1980 Subject RCRA Hazardous Waste Clarification I talked with Charles Barnes of Region VI on December 5 and 8, 1980 in regard to some questions posed on clarifications of the RCRA regulations. The subjects were: 1. A Hazardous Waste Annual Report (F,R. page 33229 - May 19, 1980) will be due March 1, 1980 for the time Nov. 19, 1980 through Dec. 31, 1980. (Part 265.75 - F.R. page 33239) 2. According to Charles Barnes, if a state has interim authori zation, the state will be designated to accept Annual reports and these will not have to be submitted to the Regional Administrator. 3. Notice in deed to property (F.R. Pg. 33243 - Part 265.120) The regulations require that a notice be placed in the deed of property on which any disposal facility is located. Treatment or storage facilities are not included in this requirement; only disposal facilities. The regulations are not retroactive so a notice is not required for disposal sites which were closed before Nov. 19, 1980; but if Conoco had knowledge of a disposal site on the property which was later sold and the site was unknowingly disturbed causing some damage or con tamination, Conoco could have liability for their "prior knowledge." Bill Casserly, Conoco Right of Way & Claims, Houston is our contact for assistance in deed changes. cc: F.R. Distribution CCR 000040731 MMOT &EPA United States Environmental Protection Aqency fUQwn 0 First International Building 1201 Elm Street Dalles TX 7WO Arkansas Louisiana NeW Mexico Oklahoma Texas Environmental Information EDWARD F. LEE (214) 767-2630 NOVEMBER 24, 1980 Regulations governing the Environmental Protection Agency's hazardous waste management program published last May--part of the Resource Conservation and Recovery Act of 1976--have received a number of amendments and interpretations. Changes In the RCRA regulations include: 1) July 16 - 40 CFR 261: Hazardous Waste Management System; Identification and Listing of Hazardous Waste. EPA amended Subpart D of Part 261 to add 18 wastes to the May 19 list of hazardous wastes. Appendices VII-VIII were also amended to Include the toxic constituents for these wastes, EPA proposed the addition of seven wastes from specific sources to the hazardous waste list (261,32). 2) Aug. 19 - 40 CFR Parts 122-124 and 260-265: Hazardous Waste Management System; Intent to Issue Amendments to Interpretations of and Answers to Questions on Final Regulations. EPA Intends to issue Regulatory Interpreta tion Memoranda (RIMs) to explain how the regulations will apply In particular situations. Each RIM will be published In the Federal Register and will be assigned a three part number Identifying the CFR part It interprets, the calendar year In which It is Issued and the sequential order In which It Is Issued. 3) Oct. 8 - 40 CFR 264: Standards Applicable to Owners/Operators of Hazardous Waste Treatment Storage and Disposal Facilities. This notice sets forth a broad outline of EPA's Intended approach for controlling ground- water contamination by hazardous waste from land disposal facilities. 4) Oct. 14 - Hazardous Waste Management System, Notice of Recent Congressional Action. a. Used Oil Recycling Act of 1980 (S-2412) (Congressional Record Sept. So. 1980). Highlights of this Act are (1) used oil must no longer be labeled as such; (2) the EPA Administrator must determine within 90 days whether used oil is a hazardous waste; (3) regulations on standards for recycled oil must be published within one year; (4) Incentives are provided for oil recycling programs. (more) CCR 000040732 2 b. Solid Waste Disposal Ai t_ A in end men t [ *- 11 ^ r.) (Congressional Record TV ri, T5ft0"). Major amendments include: (1) The date for facilities to be "in existence" is changed from Oct. 21, 1976 to Nov. 19, 1980. (2) Oil and gas exclusion is extended for 24 months, during which time EPA will conduct a study and decide which fluids will be regulated. (3) Similar studies will be conducted on coal and other fossil fuel wastes, phosphate rock, uranium mining overburden and cement kiln dust. (4) Funding is provided for State programs on inactive hazardous waste inventories. (5) EPA enforcement ability and information gathering ability is strengthened. Administrator may issue immediate compliance orders and substantial civil and criminal penalties have been provided. 5) Oct. 15 - 40 CFR 261: Identification and Listing of Hazardous Waste; KUTemaking Petition and Request for Comments. EPA will be accepting comments until Dec. 1 on the National Solid Waste Management Association's petition to request that EPA amend the small quantity generator exclusion to require labeling, manifesting, reporting and record-keeping for all wastes. 6) Oct. 30 - 40 CFR 256: Guidelines for Development and Implementation of State Solid Waste Management Plans. The proposed modifications to EPA guidelines for State solid waste mangement plans would expand public partici pation in the planning process and provide for expedited approval of portions of State plans dealing with classifi cation and compliance schedules for open dumps. 40 CFR 260 and 261: Hazardous Waste Management System; General and Identification and Listing of Hazardous Waste. This regulation amends 40 CFR 261.4 to provide that hazardous waste generated in a product or raw material storage tank, transport vehicle or vessel or in a manufacturing process unit is not subject to regulation until it is removed from the unit. 40 CFR 260.10 is also amended to modify the definition of "generator" to c$ver persons who remove hazardous waste generated in the process mentioned In 261.4. 40 CFR 261: Hazardous Waste Management System; Identifi cation and Listing of Hazardous Wastes. EPA is proposing to amend the characteristic of Extraction Procedure (EP) toxicity to apply to hexavalent chromium Instead of total chromium. Wastes listed solely due to the presence of chromium would qualify for a temporary exclusion provided: (a) The waste contains trivalent chromium exclusively (or nearly so); CCR 000040733 3 (b) The waste Is generated from an Industrial process using trlvalent chromium exclusively (or nearly so); (c) The waste Is typically managed in non-oxidizing environments. As a result, wastes from the leather tanning Industry and the titanium dioxide production industry would be removed from the list of regulated hazardous waste. Appendix II is amended to give sole reference to "Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods." 40 CFR 265s Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities. This amendment allows owners and operators of all hazardous waste facilities to have up to six months after the effective date of the regulations to prepare a written closure plan, post-closure plan and cost estimates for closure and post-closure. The amendments published in the Oct. 30 Federal Register are the first four technical amendments TTARs) to the rtCRA hazardous waste regulations. A series of TARs will be published In the Federal Register to better define and control the hazardous wastes defined under RCRA. 7) Nov. 3 - 40 CFR 257: Criteria for Classification of Solid Waste Disposal Facilities and Practices. This proposed rule change modifies and clarifies criteria for groundwater, surface water and air protec tion. The modifications also clarify the exclusion for mining overburden returned to the mine site. 8) Nov. 10 - 40 CFR: Consolidated Permit Regulations and Hazardous Waste Management System. EPA issued RIM-122-80-1 on clarification of the requirement for both owner and operator signatures on RCRA permit applications. For the purpose of this regulation (40 CFR 122.4b) EPA interprets "owner" so as to exclude those who hold the legal title for the purpose of providing security for financing and do not exercise any effective control of the hazardous waste facl 11ty. 9) Nov. 12 - 40 CFR 261: Hazardous Waste Management System; Identification and Listing of Hazardous Waste. EPA today finalized the listings of hazardous wastes from 261.31 (non-specific sources) and 261.32 (specific sources) which appeared on May 19. Among other actions, four wastes were deleted and final action was deferred on five wastes. Appendices VII and VIII to part 261 were also final 1 zed. EPA proposes to amend the listings in subpart D of two hazardous wastes (K048 and K051) generated by the petroleum refining Industry to Include all sludges from primary and secondary oil/solIds/water separation. (more) OCR 000040734 4 Copies of these Federal Register notices may be obtained by writing Ed Cox, U.S. EPA-Office 0/ Solid Waste, 26 West St. Clair Street, Cincinnati, Oh. 45268 or by calling 513/684-5362. Copies of the Federal Register are also available In most local libraries. EPA has established a RCRA hotline with a 24-hour toll-free number for anyone who has questions on hazardous waste regulations. The number Is 1-800-424-9346. For additional information contact Region 6, Solid Waste Branch, 214/767-8941. ### United State, Environmental Protection Agency Official Bualneaa Penalty for Private Uee *300 Region 6 Office1 oolf Public Awareness (6AP) First International Building 1201 Elm Street Dallas. TX 75270 i 7 - a -1111 ' . 0 i'.'mT! -i r- 1 t-1 I "t ; X ] ? I- 7 7 -> n' 1Q a r ] | y Postage and Fee, Paid Environmental Protection Agency EPA-33S CCR 000040735 oEPA / United State* Environmental Protection Agency Hegtonfl First International BuHdtng I20t F.lm Street Daita* tx Artianeas Louisiana New Mexico Oklahoma Texas Environmental Information NOVEMBER 24, 1980 Regulations governing the Environmental Protection Agency's hazardous waste management program published last Way--part of the Resource Conservation and Recovery Act of 1976--have received a number of amendments and interpretations. Changes In the RCRA regulations include: 1) July 16 - 40 CFR 261: Hazardous Waste Management System; Identification and Listing of Hazardous Waste. EPA amended Subpart D of Part 261 to add 18 wastes to the May 19 list of hazardous wastes. Appendices VII-VIII were also amended to Include the toxic constituents for these wastes. EPA proposed the addition of seven wastes from specific sources to the hazardous waste list (261.32). 2) Aug. 19 - 40 CFR Parts 122-124 and 260-265: Hazardous Waste Management System; Intent to Issue Amendments to Interpretations of and Answers to Questions on Final Regulations. EPA Intends to issue Regulatory Interpreta tion Memoranda (RIMs) to explain how the regulations will apply In particular situations. Each RIM will be published In the Federal Register and will be assigned a three part number Identifying the CFR part It Interprets, the calendar year in which It Is Issued and the sequential order In which It Is Issued. 3) Oct. 8 - 40 CFR 264: Standards Applicable to Owners/Operators of Hazardous Waste Treatment Storage and Disposal Facilities. This notice sets forth a broad outline of EPA's intended approach for controlling groundwater contamination by hazardous waste from land disposal facilities. 4) Oct. 14 - Hazardous Waste Management System, Notice of Recent Congressional Action. a. Used Oil Recycling Act of 1980 (S-2412) (Congressional Record Sept. 30. 1980). Highlights of this Act are (1) used oil must no longer be labeled as such; (2) the EPA Administrator must determine within 90 days whether used oil Is a hazardous waste; (3) regulations on standards for recycled oil must be published within one year; (4) Incentives are provided for oil recycling programs. (more) CCA 000040736 2 b. Solid Waste Disposal A< r AmendmtMi t . { -11 ^ n ) (Congressional Record Tire' T,~T5'fiD). Major amendments include: (1) The date for facilities to be "in existence" is changed from Oct. 21, 1976 to Nov. 19, 1980. (2) Oil and gas exclusion is extended for 24 months, during which time EPA will conduct a study and decide which fluids will be regulated. (3) Similar studies will be conducted on coal and other fossil fuel wastes, phosphate rock, uranium mining overburden and cement kiln dust. (4) Funding is provided for State programs on inactive hazardous waste inventories. (5) EPA enforcement ability and information gathering ability is strengthened. Administrator may issue immediate compliance orders and substantial civil and criminal penalties have been provided. 5) Oct. 15 - 40 CFR 261: Identification and Listing of Hazardous Waste; Rulemaking Petition and Request for Comments. EPA will be accepting comments until Dec. I on the National Solid Waste Management Association's petition to request that EPA amend the small quantity generator exclusion to require labeling, manifesting, reporting and record-keeping for all wastes. 6) Oct. 30 - 40 CFR 256: Guidelines for Development and Implementation of State Solid Waste Management Plans. The proposed modifications to EPA guidelines for State solid waste mangement plans would expand public partici pation in the planning process and provide for expedited approval of portions of State plans dealing with classifi cation and compliance schedules for open dumps. 40 CFR 260 and 261: Hazardous Waste Management System; General and Identification and Listing of Hazardous Waste. This regulation amends 40 CFR 261.4 to provide that hazardous waste generated in a product or raw material storage tank, transport vehicle or vessel or in a manufacturing process unit is not subject to regulation until It is removed from the unit. 40 CFR 260.10 is also amended to modify the definition of "generator" to c6ver persons who remove hazardous waste generated in the process mentioned in 261.4. 40 CFR 261: Hazardous Waste Management System; Identifi cation and Listing of Hazardous Wastes, EPA is proposing to amend the characteristic of Extraction Procedure (EP) toxicity to apply to hexavalent chromium Instead of total chromium. Wastes listed solely due to the presence of chromium would qualify for a temporary exclusion provided: (a) The waste contains trivalent chromium exclusively (or nearly so); CCft 000040737 3 (b) The waste is generated from an Industrial process using trivalent chromium exclusively (or nearly so); (c) The waste is typically managed in non-oxidizing environments. As a result, wastes from the leather tanning Industry and the titanium dioxide production industry would be removed from the list of regulated hazardous waste. Appendix II is amended to give sole reference to "Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods 40 CFR 265: Interim Status Standards for Owners and bperators of Hazardous Waste Treatment, Storage and Disposal Facilities. This amendment allows owners and operators of all hazardous waste facilities to have up to six months after the effective date of the regulations to prepare a written closure plan, post-closure plan and cost estimates for closure and post-closure. The amendments published in the Oct. 30 Federal Register are the first four technical amendments (TARs) to the RCRA hazardous waste regulations. A series of TARs will be published in the Federal Register to better define and control the hazardous wastes defined under RCRA. 7) Nov. 3 - 40 CFR 257: Criteria for Classification of Solid Waste Disposal Facilities and Practices. This proposed rule change modifies and clarifies criteria for groundwater, surface water and air protec tion. The modifications also clarify the exclusion for mining overburden returned to the mine site. 8) Nov. 10 - 40 CFR: Consolidated Permit Regulations and Hazardous Waste Management System. EPA issued RIM-122-80-1 on clarification of the requirement for both owner and operator signatures on RCRA permit applications. For the purpose of this regulation (40 CFR 122.4b) EPA interprets "owner" so as to exclude those who hold the legal title for the purpose of providing security for financing and do not exercise any effective control of the hazardous waste facl1ity. 9) Nov. 12 - 40 CFR 261; Hazardous Waste Management System; IdentlflcatTon and Listing of Hazardous Waste. EPA today finalized the listings of hazardous wastes from 261.31 (non-specific sources) and 261.32 (specific sources) which appeared on May 19. Among other actions, four wastes were deleted and final action was deferred on five wastes. Appendices VII and VIII to part 261 were also finalIzed. EPA proposes to amend the listings in subpart D of two hazardous wastes (K048 and K051) generated by the petroleum refining industry to Include all sludges from primary and secondary oil/solIds/water separation. (more) CCR 000040738 4 Copies of these Federal Register notices may be obtained by writing Ed Cox, U.S. EI1 A-WT:e oT^o 11 d Waste, 26 West St. Clair Street, Cincinnati, Oh. 45268 or by calling 513/684-5362. Copies of the Federal Register are also available In most local libraries. EPA has established a RCRA hotline with a 24-hour toll-free number for anyone who has questions on hazardous waste regulations. The number Is 1-800-424-9346. For additional information contact Region 6, Solid Waste Branch, 214/767-8941. ### Agency Official BownaM Penalty for Private Uaa 1300 Region 6 Office of Public Awareness (SAP) First International Building 1201 Elm Street Dallas, TX 75270 7 ,r 0 ,VmT I ; -T c i. * I ^ : X ] ? r- 7 7 -"i-ica r ] l y PMtaoe and Fee* Paid Environmental ProtactIon Agency EPA-335 CCR 000040739 Wednesday November 19, 1980 Part III Environmental Protection Agency Hazardous Waste Management System: Mining and Cement Kiln Wastes Exemptions; Small Quantity Generator Standards; Generator Waste Accumulation Amendment; Hazardous Waste Spill Response Exemption, and Clarification of Interim Status Requirements CCR 000040740 76618 Federal Register / Vol. 45, No. 225 / Wednesday. November 19, 1980 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY [SWH-FRL 1675-11 Identification and Listing of Hazardous Waste agency: Environmental Protection Agency. ACTION: Interim final amendment to rule with request for comments.* 5 summary: This regulation amends the hazardous waste regulations (40 CFR 5 261.4(b)) to exclude from regulation under Subtitle C of the Resource Conservation and Recovery Act (1) solid waste from the extraction, beneficiation and processing ol ores and minerals (including coal), including phosphate rock and overhnrden from the mining of uranium ore and (2) cement kiln dust wastes. This action is being taken to bring the regulation into conformance with Section 7 of the recently enacted Solid Waste Disposal Act Amendments of 1980. The Agency, for the time being, is interpreting the scope of these exclusions broadly but is unsure that this interpretation is consistent with the intent of the Congress. Therefore, over the next 90 days, it intends to carefully examine the legislative history of the statutory amendment and consider the public comments being solicited by this action. Based on this review, the Agency, in subsequent rulemaking action, may further narrow the exclusion being promulgated today. DATE: Effective Date: Ijtflyember 19,1980. Comment Date: This amendment is promulgated asan interim final rule. The Agency will accept comments on it until lanuarv 19.1981. ADDRESSES: Comments on the amendment should be sent to Docket Clerk (Docket No. 3001), Office of Solid Waste (WH-505), U.S. Environmental Protection Agency, 401 M Street SW., Washington, D.C, 20400. FOR FURTHER INFORMATION CONTACT: For general information, contact Alfred W. Lindsey, Office of Solid Waste, U.S. Environmental Protection Agency, 401 M Street SW., Washington, D.C. 20460, (202) 755-9185. For information on implementation, contact: Region I, Dennis Huebner, Chief, Radiation, Waste Management Branch, John F. Kennedy Building, Boston, Massachusetts 02203, (617) 223-5777 Region II. Or. Ernest Regna, Chief, Solid Waste Branch. 26 Federal Plaza, New York, New York 10007, (212) 204-0504/5 Region III. Robert L. Allen, Chief, Hazardous Materials Branch, 6th and Walnut Streets, Philadelphia, Pennsylvania 19100, (215) 597-0900 Region IV, James Scarbrough, Chief, Residuals Management Branch, 345 Courtland Street NE,, Atlanta. Ceorgia 30365. (404) 881-3016 Region V, Karl J. Klepitsch, Jr., Chief, Waste Management Branch, 230 South Dearborn Street, Chicago, Illinois 60604, (312) 8866148 Region VI. R. Stan Jorgensen. Acting Chief, Solid Waste Branch. 1201 Elm Street, First International Building. Dnllns, Texas 75270. (214)707-2645 Region Vll, Robert L. Morby, Chief, Hazardous Materials Branch, 324 E. 11th Street, Kansas City, Missouri 64106, (816) 374-3307 Region VIII. Lawrence P. Gazda, Chief, Waste Management Branch. 1860 Lincoln Street, Denver, Colorado 80203, (303) 837- 2221 Region IX, Arnold R. Den, Chief, Hazardous Materials Branch, 215 Fremont Street, San Francisco, California 94105, (415) 556-4606 Region X, Kenneth D. Feigner, Chief, Waste Management Branch. 1200 Sixth Avenue, Seattle. Washington 98101, (206) 442-1260 SUPPLEMENTARY INFORMATION: I. Reason and Basis for Today's Amendments On May 19,1980, EPA promulgated regulations implementing Subtitle C of the Resource Conservation and Recovery Act (RCRA). See 45 FR 33066- 33588. These regulations define solid wastes and hazardous wastes and establish requirements applicable to generators, transporters, treaters, storers and disposers of hazardous wastes. These regulations also require owners and operators of hazardous waste treatment, storage and disposal facilities to obtain RCRA permits. The definition of solid waste is provided in $ 261.2 of these regulations. The definition of hazardous waste is provided in 261.3 of these regulations. Both definitions are sufficiently broad to include many solid wastes generated in the extraction, beneficiation and processing of ores and minerals, exclusive of mining overburden returned to the mine site (see $ 261.4(b)(3).) Specifically, eight mining and mineral processing wastes (EPA hazardous waste Nos. F013-F015 and KOB4KO68) were listed as hazardous wastes in $ $ 261.31 and 261.32 of the May 19 regulations (see 45 FR 33123-33124). In addition, other mining and mineral processing wastes may be hazardous wastes because they exhibit one or more of the characteristics of hazardous wastes in Subpart C of Part 261. By virtue of these definitions, a number of mining and mineral processing wastes will be subject to the regulations on November 19,1980, the effective date of the regulations. Additionally, some cement kiln dust waste could be hazardous waste under the regulations, if it exhibits any of the characteristics of hazardous waste in Subpart C of Part 261. Thus, some cement kiln dust waste may be subject to the regulations on and after November 19,1980. In Section 7 of the recently enacted Solid Waste Disposal Act Amendments of 1980 (P.I.. 94-482. October 21.1980), the Congress amended Section 3001 of RCRA to pruhibil EPA from regulating certain wastes under Subtitle C of RCRA until after completion of certain studies and certain rulemaking. Among these wastes are (1) "solid waste from the extraction, beneficiation and processing of ores and minerals, including phosphate rock and overburden from the mining of uranium ore" and (2) "cement kiln dust waste." Accordingly EPA is today amending its regulations, at 5 261.4, to incorporate this statutory change. Several trade associations, representing the mining and cement industries, have asked EPA to amend its regulations by November 19,1980, the effective date of these regulations, to incorporate the 1980 amendments concerning these wastes. In addition these associations have sought a clarification of the scope of the exclusion, particularly regarding the types of mining operations that are excluded. The statutory exclusion of mining wastes in Section 3001(b)(3) is limited to "solid waste from the extraction, beneficiation and processing of ores and minerals." One mining trade association has argued that this exclusion covers wastes from the exploration, mining, milling, smelting and refining of ores and minerals (including coal.) In the interest of providing the mining and cement industries clear guidance on whether they are subject to the regulations, EPA is amending the regulations before the November 19 date. At the same time EPA questions whether the Section 3001(b)(3) was to be interpreted as broadly as the trade associations suggest. To resolve these questions, the Agency will have to examine carefully the legislative history and consult with the mining and cement industries and the public. The Agency could not accompish this by November 19,1980, given the extremely large workload with which it is burdened in developing the Phase II regulations, in responding to other requests for regulatory amendments and interpretations, and in responding to petitions for judicial review of the regulations. CCR 0000*0741 Federal Register / Vol. 45, No. 225 / Wednesday, November 19, 1980 / Rules and Regulations 76619 Consequently, the Agency has decided to provide an immediate but temporary accc modation of the requests on this matter by promulgating today interim llnal amendments to $ 261.4(b) which provide the requested exclusion using the language of the statutory amendments. Until the Agency takes further rulemaking action on this matter, it will interpret the language of today's amendments, with respect to the mining and mineral processing waste exclusion, to include solid waste from the exploration, mining, milling, smelting and refining of ores and minerals. This exclusion does not, however, apply to solid wastes, such as spent solvents, pesticide wastes, and discarded commercial chemical products, that are not uniquely aasociated with these mining and allied processing operations, or cement kiln operations. Therefore, should either industry generate any of these nonindigenous wastes and the waste is identified or listed as hazardous under Part 261 of the regulations, the waste is hazardous and must be managed in conformance with the Subtitle C regulation*. II. Intended Reconsideration of Today's Amendments The Agency fully intends to consider the appropriate scope of the statutory exclusion and may well take rulemaking action to lessen the scope of the exclusion being promulgated today. To aid in this consideration, the Agency is soliciting public comments on this matter. In particular EPA questions whether Congress intended to exclude (1) wastes generated in the smelting, refining and other processing of ores and minerals that are further removed from the mining and beneficiation of such ores and minerals. (2) wastes generated during exploration for mineral deposits and (3) wastewater treatment and air emission control sludges generated by the mining and mineral processing industry. EPA specifically seeks comment on whether such wastes should be part of the exclusion. EPA also seeks comment on how it might distinguish between excluded and non* excluded solid wastes. If EPA narrows the scope of the exclusion being promulgated today in future rulemaking, those who generate, transport, store, treat or dispose of wastes affected by such a change will have six months to prepare for compliance with the regulations. This six month delay in the effective date is provided under authority of Section 3010(b) of RCRA. In addition to the consideration of the scope of the exclusion discussed above, the Agency will be considering regulatory amendments to implement other provisions of Section 3001 (b)(3). Section 3001(b)(3)(B) recognizes EPA authority to issue regulations under Section 2002 of RCRA to place requirements on owners and operators of disposal sites for excluded wastes. These requirements concern identification and recording of information on the location of disposal sites as well as on the composition of the wastes that are disposed. EPA also invites public comment on how it should formulate Buch requirements. III. Effect of Today's Amendments Today's amendments relieve persons who generate or manage hazardous wastes produced in, and unique to, the exploration, mining, milling, smelting or refining of ores or minerals and persons who generate or manage a cement kiln dust waste from having to comply with EPA's regulations under Subtitle C of RCRA with respect to these wastes. Owners and operators of existing treatment, storage and disposal facilities do not have to submit a Part A, RCRA permit application by November 19, I960, or comply with the interim status standards of Part 265 after November 19, 1980, with respect to such wastes. Also, owners and operators of new facilities for the treatment, storage or disposal of the subject wastes will not have to apply for and obtain a RCRA permit before constructing or'operating such facilities. Today's action does not relieve persons who generate or manage those wastes herein discussed from compliance with other Federal and State regulations including State regulations designed to implement Subtitle D of RCRA and State regulations being implemented in lieu of the Federal Subtitle C regulations where the State has interim or full authorization under Section 3006 of RCRA. IV. Relationship to Final Listing of Certain Hazardous Waste in S $ 261.31 and 261.32 On November 12,1980, in a separate rulemaking action (see 45 FR 74884), the Agency has finalized the liat of most of the hazardous wastes listed in 261.31 and 261.32. Included in this action was finalization of seven of the mining and mineral processing wastes mentioned above (EPA hazardous waste nos. F01415 and K064-68). One of the wastes previously mentioned (F013) was deleted from the list of hazardous waste ( 261.31) in that separate action. Because of the Agency's uncertainty with respect to the scope of the statutory amendments, as discussed above, it has gone ahead with the finalization of the aforementioned listed wastes. Notwithstanding, the effect of today's action is to suspend those final listings of hazardous wastes, unless and until the Agency reduces the scope of today's exclusion in subsequent rulemaking action. V. Coal Mining Waste The Solid Waste Disposal Act Amendments of 1980 also included special provisions (Sections 1006(c) and 3005(f)) designed to coordinate regulation of coal mining waste with the requirements of the Surface Mining Control and Reclamation Act. 30 U.S.C. 1201 et seq. EPA believes that these provisions present problems of legal interpretation which cannot be resolved by November 19, i960. The Agency may seek public comment on its interpretation of those provisions in later rulemaking actions. This interim final rule does not attempt to interpret the scope of Sections 1006(c) and 3005(f). However, since coal is arguably a "mineral or ore" under Section 3001(b)(3), wastes from the extraction, beneficiation and processing of coal are excluded from RCRA Subtitle C regulation in today's amendment to S 261.4(b). Until EPA has had an opportunity to analyze the intended scope of the exclusion, the terms "extraction, beneficiation and processing" will be interpreted broadly to include coal exploration, mining, cleaning, classification, and other processing activities. As with other elements of this exclusion, EPA will be examining this exclusion, particularly the exclusions for classification, and other processing activities, in more detail later and may decide to narrow its scope. VI. Effective Date Section 3010(b) of RCRA provides that EPA's hazardous waste regulations and revisions thereto take effect six months after their promulgation. The purpose of this requirement is to allow persons handling hazardous wastes sufficient lead time to prepare to comply with major new regulatory requirements. The amendments promulgated today, however, serve to put in regulatory form what is already stated in statute. To establish a deferred effective date would only serve to confuse the regulated community. Consequently, the Agency is establishing an immediate effective date for this amendment. VII. Request for Comments The Agency invites comments on these amendments and on the issues discussed in this preamble and, 0oo<^01l*Z cc* 76620 Federal Register / Vol. 45. No. 225 / Wednesday, November 19, 1980 / Rules and Regulations therefore, is providing a 00-day comment period. Dated: November 14,1980. Douglas M. Costle, Administrator Title 40 of the Code of Federal Regulations is amended by adding the following paragraphs to 261.4(b): 261.4 (Amended] (b) * * * (6) Solid waste from the extraction, beneficiation and processing of ores and minerals (including coal), including phosphate rock and overburden from the mining of uranium ore. (7) Cement kiln dust waste. These amendments are issued under the authority of Sections 1006, 2002(a) and 3001 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1970 (RCRA), as amended, 42 U.S.C. 0905. 6912(a) and 6921. |FR Doc. 60-36129 Filed 11-16-60; 0:45 am] BILLING CODE 6660-30-M -& -J 40 CFR Parts 261 and 262 [SWH-FRL 1675-3] Hazard ils Waste Management System: Identification and Listing of Hazardous Waste Standarde for Generators of Hazardous Waste AGENCY: Environmental Protection Agency. action: Interim final rules and request for comments? ~ SUMMARY: In regulations promulgated in May. 1980, establishing a federal program for the management of hazardous wastes. EPA excluded from full regulation persons handling hazardous wastes generated in small quantities (40 CFR 261.5. 45 FR 33066, 33120 (May 19,1980)). This amendment clarifies Jhe operation nf the special requirements for hazardous waste generated hv small quantity generatorsPart 262 of the regulations has also been HmpnHgri to ensure that these generators determine whether their wastes are hazardous. date: Effective Date: November 19,1980. Comment Date: EPA will accept public comments on this regulation until fanup'-y 10 ADDRESSES: Comments on this regulation should be sent to the Docket Clerk (Docket Number 3001], Office of Solid Waste (WH-562), U.S. Environmental Protection Agency, 401 M Street, S.W., Washington. D.C. 20460. The public docket for this regulation is located in Room 2711, U.S. Environmental Protection Agency. 401 M Street, S.W., Washington, D.C. and is available for viewing from 9 a.m. to 4 p.m. Monday through Friday, excluding holidays. Among other items, the docket contains the background document for this regulation which has been revised to accommodate these amendments. FOR FURTHER INFORMATION CONTACT: Robert Holloway. Office of Solid Waste, U.S. Environmental Protection Agency, 401 M Street, S.W., Washington, D.C. 20400, (202) 755-9200. SUPPLEMENTARY INFORMATION: I. Introduction Pursuant to Subtitle C of the Resource Conservation and Recovery Act of 1976, as amended ("RCRA"), 42 U.S.C. 0901 etseq.. EPA recently promulgated regulations establishing a comprehensive regulatory program for the management and control of hazardous wastes (45 FR 33066 (May 1C, 1980]). The regulations, among other things, identify the characteristics of hazardous wastes, list particular wastes as hazardous, and establish standards for generators and transporters of hazardous waste and owners and operators of hazardous waste management facilities. The regulations also define special requirements for hazardous waste generated by generators who produce less than 1,000 kilograms of hazardous waste during a calendar month. (See 40 CFR 201.5, 45 FR 33120). Hazardous waste generated by a small quantity generator is generally excluded from full regulation provided the generator stores, treats, or disposes of his hazardous waste in facilities specified as acceptable or ensures that his hazardous waste is delivered to such facilities. However, if a small quantity generator generates or accumulates acutely hazardous waste in quantities greater than specified, or if he accumulates more than a total of 1,000 kilograms of hazardous waste at any time, all quantities of hazardous wastes for which an exclusion level is exceeded are fully regulated. Since the publication of the regulation, members of the regulated community have raised a number of questions concerning the operation of the small quantity exclusion. EPA has been persuaded that, in certain respects, the regulation is ambiguous and does not clearly address certain situations. In addition, the regulation contains certain technical errors which would cause the exclusion to operate in a manner not intended by the Agency or contrary to the manner explained in the preamble to the regulation and the supporting materials. This amendment to the regulation is intended to clarify the original regulation and to correct the errors contained in it. The revisions to the small quantity generator exclusion principally concern five aspects of the regulation: the determination of who is a small quantity generator; the requirements applicable to hazardous waste accumulated on-site; the requirements applicable to acutely hazardous wastes; the conditions applicable to wastes excluded from full regulation; and the requirements applicable to mixtures. The changes to the regulation are described in this preamble. The underlying rationale and basis for 261.5 remain unchanged and are set forth in the preamble to the May regulation. (See 45 FR at 33102-33105.) The background document supporting the requirements for small quantity generators has been revised to explain in greater detail the operation of 261.5. In addition to describing the changes made by today's amendments, the background document provides guidance on the operation of regulations applicable to the small quantity generator. It should be noted that the Agency has received a petition from the National Solid Waste Management Association ("NSWMA") which requests the Agency to make substantive revisions to $ 261.5. EPA has noticed and requested comments on the petition. (45 68409 (October 15,1980).) The amendment to $ 261.5 published today does not constitute the Agency's response to the NSWMA petition. EPA's action with regard to that petition will be the subject to further notice and/or rulemaking. II. Amendments to the Regulation A. Determination of Small Quantity Generator Status. Section 281.5(a) of the May regulation set forth the general test for determining who may qualify as a small quantity generator; * * * if a person generates, in a calendar month, a total of less than 1,000 kilograms of hazardous wastes, those wastes are not subject to regulation * * *. Since publication of the regulation, persons have raised two questions basic to the operation of this section: (a) should the section he keyed to generators rather than persons; and (b) what wastes should be counted in determining the amount of waste generated in a calendar month? The regulation has been revised to resolve both of these questions. CCR 0000407^3 Federal Register / Vol, 45, No. 225 / Wednesday, November 19, 1980 / Rules and Regulations 76621 Although it was EPA's intent to key the exclusion levels established in Z61.5 to individual generation sites, the May 19,1980 regulation refers to "persons" rather than "generators". As these terms are defined in 260.10 of this Chapter, a corporation (i.e,, a person) may comprise numerous facilities that generate hazardous waste, (i.e,, generators). Read literally, therefore, 261.5 makes the Subtitle C regulations and the notification requirements of Section 3010 of RCRA fully applicable to a company which generates, in the aggregate, more than the quantity exclusion level but each of whose facilities generates less than that amount. The revised regulation replaces the prior reference to "persons" with "generators," making it clear that individual facilities which generate hazardous waste in a quantity below the exclusion levels may qualify as small quantity generators. To provide further clarification, the amended regulation defines a small quantity generator as a generator who generates less than 1000 kilograms of hazardous waste in a calendar month. Thus, this amended regulation makes clear that a generator may be a small uantity generator in one month and a rge quantity generator in another onth. The recordkeeping and reporting requirements of Part 262 apply, however, only to those periods in which the generator's hazardous waste is subject to full regulation under Part 262. Thus, for example, the annual report of a generator whose waste is subject to full regulation under Part 262 for three months in a year would cover the generator's activity only for those three months. The second issue resolved by the amended regulation concerns which hazardous wastes should be counted in determining whether a generator generates 1000 kilograms of hazardous waste in a calendar month. One question is how the exclusion of hazardous wastes that are used, re-used, recycled or reclaimed under $ 261.6 relates to the 261.5 requirements. Another set of questions focuses on the potential double-counting of wastes by a generator who removes waste from on site storage or whose on-site treatment of wustea generates hazardous waste. The small quantity generator requirements have been revised by the addition of a new paragraph, 261.5(c), to clarify which hazardous wastes that are being used, re-used, recycled or reculaimed are included in determining 11 generator status. Section 261.6(a) ludes from regulation wastes that are naSzzsardous because they meet EPA characteristics and that are beneficially used or re-used or legitimately recycled or reclaimed. Wastes that are excluded under 261.6(a) are not included in the quantity determination of 261.5. Section 261.6(b), however, makes sludges, listed hazardous wastes, and hazardous wastes containing listed hazardous wastes subject to full regulation during storage and transportation prior to their use, re-use, recycling or reclamation. Because these wastes are subject to Subtitle C regulation, the revised 261.5 makes clear that these wastes must be included in the quantity determination and are subject to the other requirements of that section. Although this is a result that a careful reading of the May regulation would support, the revised 261.5 should resolve any ambiguity on this issue. A number of persons stated that use of the word "generates" in 261.5 creates some uncertainty about what wastes should be counted in determining eligibility for small quantity generator status. These commenters believed that, without clarification, the rule might lead to double-counting of wastes when they are also treated or stored on-site. If, for example, a generator's manufacturing process generated 600 kilograms of hazardous waste in a month, and he placed that waste in storage, persons were uncertain whether, when that waste was removed from storage, the 600 kilograms was to be counted again In the quantity determination. Counting this quantity a second time would have the effect of substantially lowering the exclusion levels. A new paragraph, 261.5(d), has been added to make it clear that a generator counts his hazardous waste only when he first generates it. He is not required to count the waste again when he removes it from on-site accumulation or storage1 or when he produces a hazardous waste from the on-site treatment of his hazardous waste. The amendment is intended to avoid double counting of wastes and therefore extends only to the on-site treatment or storage of hazardous wastes generated by the small quantity generator. If the generator receives hazardous waste from another person for treatment, the hazardous waste generated by the treatment process must be counted in the generator's quantity determination. B. Requirements Applicable to Hazardous Waste Accumulated Onsite. 1 Under the definition of generation, removal from storage is not an act or process that produces a hazardous waste, although it is an act which may subject a waste to regulation. The Agency intends to publish regulations on this subject in the near future. Section 261.5(b) of the May regulation states that if a generator accumulates more than 1000 kilograms of hazardous waste, these wastes are subject to full Subtitle C regulation. Acutely hazardous wastes, when accumulated, are subject to the lower exclusion limits specified in 261.5(c) of the May 19,1980, regulation. After the publication of the regulation, persons questioned how the regulation would apply: whether the generator would be able to use the provisions of 282.34 allowing on-site storage without a permit for 90 days prior to shipment of the wastes to treatment, storage or disposal facilities; and, if so, how the provisions of that section apply to small quantity generators. A new paragraph, $ 261.5(f). clarifies the manner in which hazardous wastes are regulated when the accumulation limit is exceeded. Because the regulation allows indefinite and unregulated storage of wastes in quantities less than 1000 kilograms, the Agency believes it unreasonable to make this 90 day period start at the time the waste was first generated. Such a result would place generators who exceed the accumulation levels but whose accumulation began more than 90 days prior to exceeding the 1000 kilogram level immediately in violation of the regulatory requirements by storing wastes without a permit or without interim status under Section 3005(e) of RCRA. The revised 261.5(f) states that at the time the allowable accumulation limit is exceeded, the waste becomes fully regulated and 262.34 becomes applicable. Section 262.34 provides the generator 90 days to remove the waste from on-site storage without the necessity of having either a permit or interim status for that storage. To take advantage of 262.34, however, the generator must satisfy the conditions of that section. This will ensure that the generator handles the waste in a satisfactory manner while providing him some time to arrange for proper treatment, storage or disposal. The revised regulation also clarifies that once the accumulated amounts exceed 1000 kilograms, all of those wastes and those subsequently added to that accumulation are fully regulated until all the waste is sent to a hazardous waste treatment, storage or disposal facility. This rule means that those wastes remain subject to full regulation even if the quantity of wastes accumulated or stored becomes less than 1000 kilograms. In addition, those wastes remain fully regulated regardless of when the wastes are removed from storage or accumulation and regardless of whether the generator is a small CCR 00004-0744 76622 Federal Register / Vol. 45, No. 225 / Wednesday, November 19, 1980 / Rules and Regulations quantity generator in the month they are removed from storage. Certain persons thought that only the amount exceeding 1000 kilogruins was subject to regulation. ThiH position whs not. however, supported by the lungimge In thu May regulation which stated that, if a person iir.cumulates more than 1000 kilograms, "those accumulated wustes" would be subject to full regulation. The revised language should resolve any ambiguity that may have been created by the original language. The provisions for acutely hazardous waste apply similarly. C. Requirements Applicable to Acutely Hazardous Waste. Section 201.5(c) of the May regulation sets lower exclusion levels for acutely hazardous discarded chemical products, their off-specification variants, containers and inner liners that held these wastes, and residue and debris resulting from spills of these wastes. The revised regulation, 261.5(e), clarifies two ambiguities in the regulation: (a) whether the exclusion levels apply to the total amount of acutely hazardous waste generated and (b) whether the exclusion levels apply only to small quantity generators. With respect to the first question, the language of the regulation has been revised to state that the exclusion levels apply to the aggregate of all of the acutely hazardous wastes subject to a particular exclusion. Thus, if a generator discards in a calendar month 0.5 kilograms of one commerical chemical product listed in 262.33(e) and 0.5 kilogram each of two other listed commercial chemical products, the total 1.5 kilograms of acutely hazardous wastes would be subject to full Subtitle C regulation. The exclusion thus applies to acutely hazardous wastes in the same manner as it applies to other hazardous wastes. The rationale for aggregating wastes to determine the amount of wastes generated applies with equal force to acutely hazardous waste as to other hazardous waste. The need for full regulatory control of these wastes is the same whether the total is comprised of one listed substance or three such substances. Second, the regulation is revised to clarify that the lower exclusion levels for acutely hazardous waste upply only to generators who otherwise are deemed small quantity generators. The Agency believes that a generator who produces more than 1000 kilograms of hazardous waste a month and is therefore subject to full regulation should handle his acutely hazardous wastes in the same manner as his other wastes. The basis for the exclusion levels is the administrative impossibility of EPA regulating all generators of hazardous waste. If a generator is subject to regulation on the basis of generating morn than 1000 kilograms of hnzurdous wnste, thurn is no reason to exclude Iron) regulation his small quantities ol lluuie wastes which the Agency Inis Uleulified as acutely hazardous. There will be no udditlonul drain in the administrative demands placed on the Agency and the protection of human health and the environment will be significantly increased. A final change to I 201.5 has been made with respect to acutely hazardous wastes. Section 261.5(c) of the May regulation established exclusion levels for containers and inner liners that held acutely hazardous waste. A new section, 261.7, has been added to the regulations under separate rulemaking that excludes "empty" containers from regulation. If a container or inner liner that has held acutely hazardous waste is empty, it is not subject to regulation and not subject to the exclusion leveio s"t in 261.5. The residues of acutely hazardous waste in nonempty containers or inner liners are subject to the exclusion levels of 201.5(g) and the requirements of the section. The reference to containers and inner liners that appeared in 261.5(c) of the May regulations is deleted. D. Conditions Applicable to Waste Excluded from Full Regulation. Section 261.5(d) of the May regulation specified the facilities in which hazardous waste excluded from full regulation could be managed. The Agency inadvertently omitted facilities that beneficially use or re-use, or legitimately recycle or reclaim waste from the list of acceptable facilities. The Congressional policy of promoting resource recovery, as implemented by the Subtitle C regulatory program in 261.6, would not be served by denying to small quantity generators the same opportunity to use, re-use, recyle or reclaim their waste which is provided to other generators. Accordingly, the regulation is revised to allow small quantity generators to treat or dispose of their waste in such facilities. The regulation is also redesignated 201.5(g). Section 261.5(g) has also been revised lo stale that hazardous waste must be stored on-site in accordance with 201.5(f). This latter paragraph, as described above, covers the accumulation and storage of wastes on site. This revision merely reiterates that storing or accumulating wastes on-site under 261.5(f) is allowed. Today's amendments make one additional technical correction to the May regulations. Section 261.5(d) required generators, as a condition of the exclusion from full regulation, to determine under $ 262.11 whether their wastes were hazardous. Section 2112.11(a). however, slated that, if a generator determined that he wiih subject only lo } 201.5, lie did not have lo determine whether his waste was hazardous. The Agency has corrected this inconsistency by deleting the reference to 261.5 in 262.11. The generator of solid waste must determine whether his waste is hazardous before determining whether his waste is conditionally excluded under $ 261.5 from full regulation. Without such a determination the generator of hazardous wastes would not know whether any of the Subtitle C requirements, including the reduced requirements, apply to the waste nor whether, if the exclusion levels were exceeded, the full requirements would apply. E. Requirements Applicable to Mixtures. Section 261.5(e) of the May regulation established a special mixture provision for hazardous wastes which were excluded from full regulation by 261.5. This provision is redesignated as 261.5(h) and has not been revised. A new paragraph, $ 261.5(i), is added to make clear that mixtures of solid waste and hazardous wastes which have exceeded an exclusion level are subject to full Subtitle C regulation. Pursuant to 261.3(a)(3)(h), a mixture of solid waste and hazardous wastes is a hazardous waste. Members of the regulated community have asked what exclusion level applies to the mixture; for example, whether a mixture containing an acutely hazardous waste that has exceeded an exclusion level remains subject to the lower exclusion levels applicable to that waste. This new paragraph clarifies that the lower exclusion level applies. A contrary result would encourage generators to mix acutely hazardous wastes subject to full regulation (i.e., because they are generated or accumulated in quantities greater than one kilogram) with other hazardous excluded wastes (e.g., those generated in quantities of less than 1000 kilograms a month) and thus escape the regulatory controls which the Agency has determined ure essential for the safe handling and management of hazardous wastes. III. Effective Date Section 3010(b) of RCRA provides that EPA's hazardous waste regulations and revisions thereto take effect six months after their promulgation. The purpose of this requirement is to allow persons handling hazardous wastes sufficient CCR 000040745 Federal Register / Vol. 45, No, 225 / Wednesday, November 19, 1980 / Rules nnd Regulations 76623 lend lime lo pii'piiru lo comply with mujur new regulatory requirements. For the amendment to 261.5 promulgated today, however, the Agency believes that an effective date six months after promulgation would cause substantial and unnecessary disruption in the implementation of the regulations and would be contrary to the interests of the regulated community and the public. The amended regulation is an integral part of a regulatory program that becomes effective on November 19, 1980. In addition, the principal revisions to the regulation simply clarify and make technical corrections to the regulation. The revisions also allow greater flexibility in the manner in which small quantity generators handle their hazardous waste. The Agency believes it makes little sense to allow the small quantity generator requirements promulgated on May 19,1980, to become effective on November 19,1980, and then to have them substantially revised on a subsequent date by this amendment. Clarification of regulatory requirements and increasing their flexibility are not the types of regulation revision that Congress had in mind when it provided a six month delay between the promulgation and the effective date of revisions to regulations. Consequently, the Agency is setting an effective date of November 19,1980, for the amendments to 261.5 and 262.11 promulgated in this rulemaking action. IV. Promulgation in Interim Final Form These amendments to 261.5 are designed principally to clarify the manner in which the regulations published in May of 1980 are to operate. EPA has received many questions on the regulation. These questions indicated that there is substantial confusion on the part of the regulated community about the exclusion of generators of small quantities of hazardous waste. Absent immediate effectuation of these clarifying amendments, EPA believes that this confusion will persist after the effective date of the Subtitle C regulations, November 19,1980. This confusion will lead, EPA believes, to real and substantial hardship for persons subject to the reduced requirements of 261.5. If uncertain about the rule's application or operation, many responsible generators of hazardous waste may unnecessarily comply with the full Subtitle C regulations. Immediate implementation of the amendment small quantity generator requirements is necessary in rder to avoid inadvertantly imposing ubstantial burdens on literally thousands of generators who are uncertain whether they ure excluded from full regulation under 261.5. Given the real and substantial cost that delay might create, the Agency finds good cause to promulgate these rules without prior notice and opportunity for comment. V. Request for Comments The Agency invites comments on all aspects of these amendments to the regulations and on all issues discussed in this preamble. EPA is hopeful that the regulations as revised are reasonable, understandable, and workable. The Agency will be receptive to comments which would improve the regulation. VI. Regulatory tmpacts The effect of these amendments is to reduce the overall costs, economic impact and reporting and recordkeeping impacts of EPA's hazardous waste management regulations. This is achieved by clarifying the operation of the regulations and increasing their flexibility. The Agency is unable to estimate these reductions. Dated: November 14,1980, Douglas M. Costle, Administrator. Title 40 of the Code of Federal Regulations is amended as follows: 1. Section 261.5 is revised to read as follows: 3 261.5 Special requirements for hazardous waste generated by small quantity generators. (a) A generator is a small quantity generator in a calendar month if he generates less than 1000 kilograms of hazardous waste in that month. (b) Except for those wastes identified in paragraphs (e) and (f) of this section, a small quantity generator's hazardous wastes are not subject to regulation under Parts 262 through 265 and Parts 122 and 124 of this chapter, and the notification requirements of Section 3010 of RCRA, provided the generator complies with the requirements of paragraph (g) of this section. (c) Hazardous waste that is beneficially used or re-used or legitimately recycled or reclaimed and that is excluded from regulation by $ 261.6(a) is not included in the quantity determinations of this section, and is not subject to any requirements of this section. Hazardous waste that is subject to the special requirements of 261.6(b) is included in the quantity determinations of this section and is subject to the requirements of this section. (d) In determining the quantity of hazardous waste he generates, a generator need not include; 11) I lis hu/.uidoiis wtislo when il is removed from on-site storage; or (2)Hazardous waste produced by on site treatment of his hazardous waste. (e) If a small quantity generator generates acutely hazardous waste in a calendar month in quantities greater than set forth below, all quantities of that acutely hazardous waste are subject to regulation under Parts 262 through 265 and Parts 122 and 124 of this chapter, and the notification requirements of Section 3010 of RCRA: (1) A total of one kilogram of a commercial chemical products and manufacturing chemical intermediates having the generic names listed in | 261.33(e), and off-specification commercial chemical products and manufacturing chemical intermediates which, if they met specifications, would have the generic names listed in 261.33(e); or (2) A total of 100 kilograms of any residue or contaminated soil, water or other debris resulting from the clean-up of a spill, into or on any land or water, of any commercial chemical products or manufacturing chemical intermediates having the generic names listed in 201.33(e). (f) A small quantity generator may accumulate hazardous waste on-site. If he accumulates at any time more than a total of 1000 kilograms of his hazardous waste, or his acutely hazardous wastes in quantities greater than set forth in paragraphs (e)(1) or (e)(2) of this section, all of those accumulated wastes for which the accumulation limit was exceeded are subject to regulation under Parts 262 through 265 and Parts 122 and 124 of this chapter, and the notification requirements of Section 3010 of RCRA. The time period of 5 262.34 for accumulation of wastes on-site begins for a small quantity generator when the accumulated wastes exceed the applicable exclusion level. (g) In order for hazardous waste generated by a small quantity generator to be excluded from full regulation under this section, the generator must: (1) Comply with 5 262.11 of this chapter, (2) If he stores his hazardous waste on-site, store it in compliance with the requirements of paragraph (f) of this section; and (3) Either treat or dispose of his hazardous waste in an on-site facility, or ensure delivery to an off-site storage, treatment or disposal facility, either of which is: (i) Permitted under Part 122 of this chapter; (ii) In interim status under Parts 122 and 265 of this chapter; CCR 000040746 76624 Federal Register / Vol. 45, No. 225 / Wednesday, November 19, I960 / Rules and Regulations (iii) Authorized to manage hazardous waste by a State with a hazardous waste management program approved under Part 123 of this chapter; (iv) Permitted, licensed or registered by a Slate to manage municipal or industrial solid waste; or (v) A facility which: (A) Beneficially uses or re-uses, or legitimately recycles or reclaims his waste: or (B) Treats his waste prior to beneficial use or re-use, or legitimate recycling or reclamation. (h) Hazardous waste subject to the reduced requirements of this section may be mixed with non-hazardous waste and remain subject to these reduced requirements even though the resultant mixture exceeds the quantity limitations identified in this section, unless the mixture meets any of the characteristics of hazardous wastes identified in Subpart C. (i) If a small quantity generator mixes a solid waste with a hazardous waste that exceeds a quantity exclusion level of this section, the mixture is subject to full regulation. 2. Section 262.11(a) is revised to read as follows: 262.11 Hazardous waste determination. (a) He should first determine if the waste is excluded from regulation under 40 CFR 261.4. These amendments are issued under the authority of Sections 1006, 2002(a) and 3002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Ad of 1976 (RCKA). us amended. 42 U.S.C. 6905. 0912(h), and 6922. |I'M Due H()-1A13() Filtid n- In-ml: tM5 ni| BILLING CODE B5S0-30-M CFR Part 262 [SWH-FRC 1675-4] Hazardous Waste Management System; Standards Applicable to Generators of Hazardous Waste AGENCY: Environmental Protection Agency. ACTION: Interim-final rule and request for comments. summary: In regulations promulgated in May. I960, establishing a federal program for the management of hazardous wastes. EPA placed requirements on generators of hazardous waste that accumulated their waste on the site of generation prior to shipment to off-site hazardous waste management facilities [40 CFR 262.34, 45 FR 33066, 33143 (May 19, 1980)). One of these requirements was that a generator ship all accumulated waste off-site in 90 days or less. This amendment eliminates the distinction oTrsneTreeTtmenl. storage nr disposal, provided that, within 90 days, the waste is sent to a hazardous waste management facility that is either permitted or in interim status. The other requirements ot } 262.34 are not changed by this rule. DATEa: .Effective Date: This requirement is effective on November 19,1980. Comment date: Comments are due January 19. 1981.* 45 ADDRESSES: Comments should be addressed to the Docket Clerk (Docket 3002), Office of Solid Waste (WH-502), U.S. Environmental Protection Agency, 401 M Street SW., Washington, D.C. 20460. FOR FURTHER INFORMATION CONTACT: Rolf Hill, Office of Solid Waste, (WH563), U.S. Environmental Protection Agency, 401 M Street SW., Washington, D.C. 20460, (202) 755-9145. SUPPLEMENTARY INFORMATION: I. Introduction In regulations promulgated in February and May. 1980, EPA established standards applicable to generators of hazardous waste. 40 CFR Part 262, 45 FR 12722 (February 26,1980), 45 FR 33140 (May 19,1980). These standards, among other things, require generators to initiate a manifest to track the movement of hazardous waste, maintain records, and provide proper containers, labels and placards for the transportation uf hazardous waste. Most of these requirements apply only to generators who send their hazardous wastes off the site of generation for treatment, storage or disposal. Some of these requirements, however, apply to generators who treat, store or dispose of their wastes on the site of generation. (See 40 CFR 262.10(b)). Recognizing that many generators would accumulate hazardous waste for a period of time prior to shipping the waste to an off-site hazardous waste management facility, EPA set special requirements in 262.34 which, if met by the generator, would allow him to accumulate the waste on-site without having to obtain a RCRA permit for a storage facility under Part 122 of the regulations or comply with the applicable standards under Parts 264 and 265 of the regulations. The basis and rationale for these speeial 90-day accumulation rules appear in the preambles to, and the background documents supporting, the generator regulations first published in Feburary, 1980, and then revised in May, 1980. See 45 FR 12722,12730 (February 26. 1980) and 45 FR 33140, 33141 (May 19, 1980). By allowing short-term accumulation without a permit, Ihe regulation reflects Ihe congressional intent that the RCRA program not interfere with the manufacturing process. See H.R. Rep. No. 94-1491. 94th Cong. 2d Sess. 26 (Sept. 9.1976). Generation of hazardous waste necessarily requires some accumulation of that waste prior to taking it to a hazardous waste management facility. On the basis of information received in the comment period, the Agency selected ninety days us a period that provided sufficient time for such accumulation to occur in all reasonable situations. Holding hazardous waste for u short period, however, entails many of the same risks to human health and environment as long-term storage, and therefore the Agency imposed specific requirements for short-term accumulation. The special requirements of 262.34 require the generator to (1) ship the wastes off-site within 90 days; (2) place the waste in containers or tanks meeting specified technical standards; (3) mark the date accumulation began on the container or tank; (4) properly label and mark the containers; and, (5) comply with the Part 265 regulations concerning preparedness and prevention, contingency plans and emergency procedures. These requirements are designed to ensure that short-term accumulation of hazardous wastes will be done in a manner that ensures protection of human health and the environment. Since the publication of the regulations, members of the regulated community have raised two questions that are basic to the application and operation of this regulation. First, these persons have stated that the distinction between accumulation of hazardous waste prior to off-site shipment and accumulation prior to on-site treatment, storage or disposal is arbitrary and that the 90-day accumulation provision should apply to both types of accumulation. Second, these persons have stated that although the special 90day accumulation requirements of 262.34 may be appropriate for the more centralized areas and facilities where hazardous wastes are accumulated prior to oft site Iransporl or ultimate on-site disposition, they are more stringent than necessary for the accumulation and very short-term storage of wastes at areas where the wastes are generated and initially CCR 000040747 Federal Register / Vol. 45, No. 225 / Wednesday, November 19, 1980 / Rules and Regulations 76625 accumulated--often in small containers--prior to movement to the more centralized on jite accumulation and storage areas. The amendment being promulgated today responds to the first of these concerns. For reasons discussed below, however, EPA believes that more information is necessary prior to ascertaining the need for amending the regulations to respond to the second concern. II. On-site Accumulation Prior to On-site Treatment, Storage or Disposal The effect of the current regulations is to allow one class of generators (i.e., those who ship their wastes off-site) to "accumulate" their waste for up to 90days without having a permit or interim status and to require all other generators (i.e,, those who treat, store and dispose of the wastes on-site) to obtain a RCRA permit or interim status for the same activity. The standards applicable to both classes, however, are similar. Generators who accumulate waste on site under 262.34 would have to store their wastes in compliance with virtually all of the technical rcqiiireinents or Purl 2115 and also satisfy many of the general requirements of that Part, e g., prepare contingency plans and emergency procedures. The principal difference the Agency had discerned between these two classes of generators that was that the areas used for accumulation by the generator who performed such activities on-site would be included in their permit covering the other on-site treatment, storage and disposal facilities. In addition, certain provisions of the Part 265 regulations apply to the accumulation areas of generators who manage their wastes on site: these include security, financial responsibility, closure and post-closure requirements. EPA now believes, however, that the regulations as currently written impose substantially different requirements for generators who ship their wastes off-site as opposed to those who do not. These differences do not appear warranted. The most important of these differences concerns eligibility for interim status if short-term accumulation is considered storage for generators who treat, store or dispose of their wastes on-site. To obtain interim status a storage facility must be "in existence" on November 19, 1980. Section 3005(e), 42 U.S.C. 6925(e) as amended by the Solid Waste Disposal Act Amendments of 1980, P.L. 96-482 (October 21,1980). A generator who sends his wastes off-site would be ble to construct a new loading dock or torage shed for short-term accumulation; a generator who does not send his wastes off-site could not construct a new loading dock (i.e., a new storage facility) without obtaining a RCRA permit. Second, although applying for a permit for these accumulation areas may not entail significant increased burden, the terms and conditions of the permit could impose requirements beyond those required for generators who ship their wastes off-site. In addition, other differences between on-site accumulation and on-site storage may emerge as the regulations are interpreted and applied. EPA believes that there is no basis for the distinction and accordingly has amended the requirement of | 262.34(a)(1) that accumulated wastes be shipped off-site within 90 days. The requirements of 262.34 are designed to ensure protection of human health and the environment during short-term accumulation. The destination of the waste does not change the protection that this rule ensures. Section 282.34 requires that wastes that are accumulated on-site still must, within 90 days, go to treatment, storage or disposal facilities which are permitted or in interim status. Thu regulation now provides that such facilities may be on site as well as off-site; the manner of regulation and the degree of environmental control is the same for these facilities. The selection of a 90-day period in the original rule reflected the maximum accumulation time that the Agency thought was necessary prior to transporting wastes off-site. The generator does not wholly control the timing of the transportation because arrangements have to be made with the transporter and the hazardous waste management facility. The situation is obviously different if the generator is sending his waste to a treatment, storage or disposal facility located on the site of generation. In this situation, the generator has greater control over the handling of the waste and the timing of its shipment. The Agency solicits information on whether given this difference whether a shorter period, say 30 days, should be provided for generators who subsequently send their wastes to an on-site treatment, storage or disposal facility. III. Application of Requirements to All Accumulation Areas In promulgating the regulations establishing the requirements for on-site accumulation, EPA assumed that accumulation generally would occur in discrete areas in the manufacturing complex where wastes would be held prior to shipment to a treatment, storage or disposal facility. Technical standards for tanks or containers, the preparation of contingency plans and similar requirements are appropriate for loading docks, storage buildings and sheds, and other areas in a manufacturing complex where hazardous wastes are collected and accumulated. Members of the regulated community, however, have pointed out that, within u manufacturing complex, there may be dozens of places where hazardous wastes are collected during daily operations prior to taking a container containing hazardous waste to the loading dock or other accumulation area. These commenters have questioned the appropriateness of applying the requirements of $ 262.34 to each place where hazardous wastes may be initially collected. EPA believes, however, that the requirments of 5 262.34 are appropriate for both centralized and satellite accumulation areas. The Agency, however, is soliciting information on whether, in some situations, different requirements should govern these accumulation activities. Whether at satellite or centralized accumulation ureus, the hazardous waste requires proper management in order to minimize the threat to human health and the environment. The requirements of $ 262.34 are designed to provide such protection. Containers that meet DOT specifications and tanks that meet Part 265 design and operating requirements appear necessary and appropriate for the accumulation of hazardous waste regardless of whether the accumulation occurs at a centralized facility or in different places within a plant. The other requirements of 262.34 similarly appear appropriate to all accumulation activities on the site of generation; these include marking and labeling containers; weekly inspections of containers; locating of containers holding ignitable and reactive wastes away from the property line; requirements concerning preparedness and prevention, contingency plans and emergency response and personnel training. The protection that these requirements ensure appear appropriate and necessary wherever hazardous wastes are accumulated. The Agency recognizes that there may be certain situations in which the requirements of 262.34 might not work well for the initial collection and accumulation of hazardous waste. For example, the Agency does not expect a company to engage in major reconstruction of a facility simply to be able to fit a DOT container beneath a hard-to-reach leaky pipe. The Agency does, however, want to ensure that all CCR 000040748 76626 Federal Register / Vol. 45, No. 225 / Wednesday. November 19, 1980 / Rules and Regulations hazardous waste, once generated, are safely and properly handled. The Agency requests comments on situations in which the requirements of 262.34 may be inappropriate and on the manner in which EPA should handle such situations. IV. Effective Date Section 3010(b) of RCRA provides that EPA's hazardous waste regulations and revisions thereto take effect six months aricr their promulgation. The purpose of this requirement is to allow persons handling hazardous wastes sufficient lead time to prepare to comply with mujor new regulatory requirements. For the amendments to 262.34 promulgated today, however, the Agency believes that an effective date six months after promulgation would cause substantial and unnecessary disruption in the implementation of the regulations and would be contrary to the interests of the regulated community and the public. The regulatory provision that this amendment modifies takes effect on November 19,1980. In the absence of the immediate effectuation of this amendment, generators who accumulate wastes for on-site treatment, storage or disposal must prepare to operate these facilities as fully regulated hazardous waste storage facilities on and after November 19,1980. This would include preparation and submission of a Part A permit application covering the accumulation area. The Agency believes it makes little sense to allow the requirements promulgated on May 19,1980, to become effective on November 19,1980, and then have them substantially modified on a subsequent date, i.e., the six-month effective date for these amendments. Leasing of regulatory requirements is not the type of revision to regulations for which Congress intended a six-month delay occur between its promulgation and effective date. Consequently, the Agency is setting an effective date of November 19,1980, for the amendment to 262.34 promulgated in this rulemaking action. V. Interim Final Promulgation This regulation is being promulgated in interim finul form. The reasons for taking this exceptional procedure are similar to those supporting the immediate effective date. The delay involved in initiating normal rulemaking would cause substantial hardship on generators who treat, store or dispose of their hazardous wastes on-site. During the pendency of rulemaking, these generators would not be able to construct new accumulation areas in their manufacturing facilities without obtaining a RCRA permit. Because such Dated: November 14,1980. areas are intimately tied to the Douglas M. Costle, manufacturing process itself, such a Administrator. delay might in effect create a prohibition Title 40 of the Code of Federal of redesign and reconstruction of these Regulations is amended as follows: manufacturing units. Although the Agency does not adopt this procedure lightly, the circumstances indicate that the use of interim final promulgation is appropriate. As one court has noted "(i]t is an appropriate safely valve to be used where delay would do real harm." US. Steel Corp. v. EPA. 595 F.2d 207. 214 (5th Cir., 1979). EPA believes that the effect of delaying promulgation of this amendment would cause substantial, and unnecessary, hardship on a large number of manufacturing operations. In this situation, the use of advance notice and comment procedures would be contrary to the public interest and therefore good 262.34 [Amended 1 1. In 262.34, paragraph (a)(1) is revised to read as follows. (a) A generator may accumulate hazardous waste on-site without a permit or without having interim status, provided that: (1) All such waste is, within 90 days, shipped off-site to a designated facility or placed in an on-site facility that is permitted under Part 122 of this Chapter, has interim status under Parts 122 of this Chapter, or is authorized to manage hazardous waste by a State with a hazardous waste management program approved under Part 123 of this Chapter. cause exists for adopting this amendment in interim final form. See 5 U.S.C. 553(b)(B). VII, Request for Comments These amendments are issued under the authority of Sections 1006, 2002(a), 3002, 3003, 3004 and 3005 of the Solid Waste Disposal Act, as amended by the The Agency invites comments on all aspects of this amendment to the regulation and on all the issues discussed in this preamble. The Agency Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6905, 6912(a), 6922, 6923, 6924 and 6925. has recently requested comments of one |PR Doc. 00-36131 Filed 11-lfMXfc 0:45 am) aspect of 5 262.34, its applicability to product storage tanks. 45 CFR 72024 (October 30.1980). The Agency will consider all comments received on BILUNO CODE f 2L I 40 CFR Parts 122,260,264 and 265 A ' ISWH-FRL 1675-51 `f ^ 262.34 prior to promulgating this rule in final form. EPA desires to formulate Hazardous Waste Management sound and sensible regulations System concerning the proper handling of hazardous waste. The requirements of 262.34 are an important aspect of this broader concern, and, if commenters have suggestions on ways to improve AQENCY: Environmental Protection Agency. action: Interim final rule and request for comments.* 122 this regulation, the Agency would be receptive to their suggestions. SUMMARY: In regulations promulgated in May of 1980, the Environmental VIII. Regulatory Impacts Protection Agency ("EPA") established a comprehensive program for the The effect of this amendment is to reduce the overall costs, economic handling and management of hazardous wastes. 45 FR 33066 (May 19,1980). The impact and reporting and recordkeeping regulations, among other things, set forth impacts of EPA's hazardous waste substantive requirements for the management regulations. This is treatment and storage of hazardous achieved by removing accumulation wastes and require owners and areas of generators who send operators of treatment and storage accumulated wastes to on-site disposal facilities to have Resource Conservation facilities from full regulation as storage and Recovery Act (RCRA) permits or facilities. The Agency is unable to interim status pursuant to Parts 265 and estimate these cost and impact 122 of the regulations. Certain activities reductions because it does not have an which persons may take in response to estimate of the number of such areas spills of hazardous wastes or materials that otherwise would be fully regulated. which, when spilled, become hazardous For the reasons already discussed, waste might be considered treatment notwithstanding these cost and impact (e.g., absorption, neutralization) or reductions, the Agency believes that storage (e.g., diking, containment). In human health and environmental this action EPA makes clear that the protection will not be reduced by this requirements fpr treatment and storage action. are not applicable to actions taken to 0000407^9 CCR Federal Register / Vol. 45, No. 225 / Wednesday. November 19, 1980 / Rules and Regulations 76627 immediately contain and treat spills of hazardous wastes and materials which, when spillecfTbecor hazardous waste. This action also adds a definition of spill ini 5 2G0.10 and 122.3. DATES: Effective date: These amendmentsTjecome effective on November 19, T98Q. Comment Date: The Agency will accept comments on these amendments until lanuary 19. 1981. ADDRESS: Comments on these amendments should be addressed to the Docket Clerk (Docket 3004, Office of Solid Waste (WH-562), U.S. Environmental Protection Agency, 401 M Street. S.W.. Washington, D.C. 20460. FOR FURTHER INFORMATION CONTACT: For general information, contact Amy Mills, Office of Solid Waste (WH-563), U.S. Environmental Protection Agency, 401 M Street, S.YV-, Washington, D.C. 20460. For information on implementation, contact: Region I, Dennis Hueber, Chief, Radiation, Waste Management Branch, John F. Kennedy Building, Boston, Massachusetts 02203, (617) 223-5777 egion II, Dr. Ernest Regna, Chief, Solid t Waste Branch, 26 Federal Plaza, New York, New York 10007, (212) 264-0504/ 5 Regiun III, Robert L. Allen, Chief. Hazardous Materials Branch. 6th and Walnut Streets, Philadelphia, Pennsylvania 19106, (215) 597-0980 Region IV, James Scarbrough, Chief, Residuals Management Branch, 345 Courtland Street, N.E., Atlanta, Georgiu 30365, (404) 881-3016 Region V, Karl J. Klepitsch, Jr,, Chief, Waste Management Branch, 230 South Dearborn Street, Chicago, Illinois 60604, (312) 886-6148 Region VI, R. Stan Jorgensen. Acting Chief, Solid Waste Branch, 1201 Elm Street, First International Building, Dallas, Texas 75270. (214) 787-2645 Region VII, Robert L. Morby, Chief, Hazardous Materials Branch, 324 E. 11th Street, Kansas City, Missouri 64106, (816) 347-3307 Region VIII, Lawrence P. Gazda, Chief, Waste Management Branch, 1860 Lincoln Street, Denver, Colorado 80203,(303) 837-2221 Region IX, Arnold R. Den, Chief. Hazardous Materials Branch, 215 Fremont Street, San Francisco, California 94105, (415) 556-1606 fgion X. Kenneth D. Feigner, Chief, aste Management Branch, 1200 ixth Avenue, Seattle, Washington 98101, (206) 442-1260 SUPPLEMENTARY INFORMATION: I. Introduction In May of 1980, EPA promulgated regulations implementing Subtitle C of the Resource Conservation and Recovery Act of 1976, as amended ("RCRA"). These regulations, among other things, identify and list hazardous wastes (Part 261), establish standards for generators and transporters of hazardous waste (Parts 262 and 263), and set standards and permit requirements for owners and operators of facilities that treat, store or dispose of hazardous waste (Parts 264 and 265 and Parts 122 and 124). 45 FR 33066 (May 19, 1980). These regulations are designed to ensure the proper handling and management of hazardous wastes from their generation through their ultimate disposition. Because wastes may be produced, handled and disposed of in a large number of ways, the regulations necessarily are cast in broad terms. A generator is anyone whose act or process produces a hazardous waste or whose action first causes a hazardous waste to become subject to regulation. Section 260.10(a), 45 FR 72024 (October 30,1980). This act or process may be the manufacture of goods or materials, service operations such as cleaning with chemical solvents listed in 261.31, or the discard of commercial chemical products listed 261.33. Storage is defined as "the holding of hazardous waste for a temporary period . . .", and treatment as "any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste, or so as to render such waste nonhazardous, or less hazardous; safer to transport, store or dispose of; or amenable for recovery, amenable for storage, or reduced in volume." Section 260.10(a). This action concerns how the regulations apply to hazardous wastes that are created by spills of hazardous waste or materials which, when spilled, become hazardous waste. For reasons discussed below, the word "spill" is defined in the amendments published today as "the accidental spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous waste or material which, when spilled, becomes hazardous waste into or on any land or water." This definition obviously covers spills of those hazardous waste listed in 55 261.31 and 261.32 and those solid wastes that exhibit any of the characteristics of hazardous wastes defined in Subpart C of Part 261. This definition also covers spills of the commercial chemical products and manufacturing chemical intermediates listed in 5 261.33 (e) and (f). The Agency interprets spills of these materials to constitute discarding of such materials (see definitions in 261.2 (c) and (d)). These materials, when discarded, are hazardous waste (see 261.33). In addition, other materials, when spilled, are considered solid waste because spilling constitutes discarding and may exhibit the characteristic of hazardous waste defined in Subpart C of Part 261. Members of the regulated community have asked whether certain activities taken in immediate response to such spills constitute treatment (e.g., neutralizing the hazardous waste) or storage (e.g., containing the waste in order to prevent its spread). These questions have significant practical implications. Treatment and storage of hazardous wastes, under the regulations, must be carried out in facilities that have interim status under Section 3005(e) of RCRA and 40 CFR Part 122 or that have a storage or treatment permit from EPA or a State authorized to run a hazardous waste program under Section 3006.' Spills arc sudden, unplanned events. In many cases, the treatment or storage necessary to respond to spills will not be covered by a RCRA permit or interim status. This is particularly true for generators who do not treat, store or dispose of hazardous waste and transporters who would have neither a permit nor interim status. It also may be true for owners and operators of treatment, storage or disposal facilities where Iheir permit or interim status may not cover Ihe types of treatment or storage performed in responding to a particular spill. Persons responding to the spills would be placed in the uncomfortable position of taking actions necessary to protect human health and the environment while being in violation of RCRA.1 In addition, Parts 264 and 265 set forth the manner in which persons may treat ' Under 5 122.Z7 the Regional Administrator is authorized to issue emergency permits if there is an imminent and substantial endangerment to human health or the environment to allow the treatment, storage or disposal of hazardous waste for a nnnpermitted facility or activities not covered by a permit. $ 122,27 sot forth procedures governing the issuance of emergency permits. EPA is presently developing guidance for the issuance of these permits. `Hazardous wastes produced in small quantities ure excluded from full Subtitle C regulation under 5 261.5. A condition of that exclusion, however, is that wastes subject to $ 261.5 must be managed in Subtitle C facilities, facilities approved by the State, or use. re-use, recycling or reclamation facilites. Thus, even for spills by small quantity generators, the same dilemma is posed for persons whose response might constitute treatment or storage. CCR 000040750 76628 Federal Register / Vol. 45, No. 225 / Wednesday, November 19, 1980 / Rules and Regulations or store hazardous wastes. With respect to chemical, physical, and biological treatment, foi ..sample, the regulations prescribe such things as general nperuhng requirements, waste analysis and trail tests, inspections, and closure requirements. See 40 CFR 265 Subpart 0. If, for example, reagents are used to absorb or neutralize a chemical product listed in 261.33 which has spilled in a plant, the treatment requirements specified in the regulations would technically govern the response to the spill. This amendment is designed to allow appropriate responses to spills of hazardous wastes without being limited by the treatment and storage standards and the permit and interim status requirements of the regulations. It should be noted that EPA is developing regulations which will address in more comprehensive fashion the application of the RCRA regulations to spill response activities. That rulemaking will clarify, among other things, relationship of RCRA and other Federal statutes, particularly the Clean Water Act and the Hazardous Materials Transportation Act, which concern spill activities. II. What These Amendments Do The amendments published today add three new elements to the regulations published in May, 1980: they add a definition or spill: exempt immediate containment and treatment activities from the Part 264 and 265 regulations governing treatment and storage; and, amend Part 122 to indicate that such activities do not have to be covered by a RCRA permit or interim status. The definition of "spill" is the same as the definition of "discharge" in 260, 10(a), except that the word "intentional" has been deleted from the definition of spill and the phrase "material which, when spilled, becomes hazardous waste" has been added. The exclusion from regulation provided in today's amendments is designed to allow persons to respond immediately to sudden, unplanned occurrences, i.e,, accidents, which release materials or wastes into the environment. There does not appear to be any basis to extend today's action to intentional releases which might occur. Releases which occur from burst pipes and ruptured containers would be considered spills; releases which routinely occur from, for example, scheduled maintenance of machinery would not be. The Agency specifically requests comment on whether the definition of spills provides appropriate scope for the substantive amendments published today. For purposes of the RCRA portions of the consolidated permit regulations, a corresponding definition of spill has been added to 122.3. The amendments to Parts 264 and 265 stale that treatment and containment actions taken in immediate response to spills are not considered treatment or storage of hazardous waste. These response activities are not subject, therefore, to the detailed requirements of those parts governing treatment and storage. The amendment to 122.21 indicates that these activities do not have to lie covered by a RCRA permit. The amendments only cover uctivilies during the immediate response to a spill. As discussed below, once this response is accomplished, other regulatory provisions apply. Section IV of this preamble provides examples of how these amendments and the other regulatory provisions apply to spill situations. These amendments arc designed to allow persons to respond immediately to spills which may pose dangers to human health and the environment. If the Agency believes that anyone is abusing this provision, it will not hesitate to bring enforcement actions, including, under appropriate circumstances, criminal prosecutions. III. Regulations not Affected by This Amendment The purpose of today's amendments is to allow persons to treat and contain spills without huving engaged in treatment and storage activities and to recognize thut spills occur at places which might otherwise not be treatment and storage facilities. These amendments do not affect whether the spilled substance, residue or debris is a hazardous waste or not; Part 261 will govern. They do not affect in an way the application of the generator and transporter requirements; Parts 262 and 263 will govern these activities. After the immediate response activities are completed, the hazardous waste is subject to all the requirements for transportation, treatment, storage, or disposal. The regulations promulgated in May, 1980, explicitly place specific requirements for certain spills of hazardous waste--discharges occurring during transportation and releases occurring at on-site accumulation arcus and in treatment, storage and disposal facilities. These regulations, described briefly below, are unaffected by the amendments published today. These' amendments complement the regulations by clarifying that actions taken in response to spills and in compliance with those regulations are not subject to the treatment and storage regulations and do not have to be carried out at a treatment or storage facility with a RCRA permit or in interim status. Discharges of hazardous waste during transporliiliun are suhject to the provisions of Part 263 concerning immediate action, reporting, and cleanup. 40 CFR 263.30 and 263.31, 45 FR 12744 (February 26,1980), republished at 45 FR 33152 (May 19, 1980). Discharges of hazardous materials during transportation are also subject to the reporting provisions of DOT regulations under the I lazartlous Materials Transportation Act. 49 CFR 171.15, 171.16. These regulations will apply lo spills during transportation and these requirements are not affected by today's amendment. The Part 264 and 265 regulations contain extensive requirements for hazardous waste management facilities concerning preparedness and prevention, and contingency plans and emergency procedures. 40 CFR Part 265, Subparts C and D, 45 FR 33236, 33237 (May 19,1980). To ensure proper response to explosions, fires, and c`her releases of hazardous waste, these provisions require owners and operators of regulated facilities to have safety equipment and systems, arrangements with relevant local authorities, a contingency plan and emergency procedures covering response activities. These regulations continue lo apply to releases at hazardous waste management facilities which present dangers to human health and the environment. For example, 264.56 and 265.56, concerning emergency procedures, have not been exempted. The emergency coordinator must follow the procedures set forth in those sections. Today's amendment simply means that actions taken, for example, under 265.56(e), are not subject to the treatment and storage requirements of Part 265. Regulations promulgated under other Federal, state or local laws may apply to spills of hazardous waste and other materials. On the Federal level, two examples are Section 311 of the Clean Water Act and the Hazardous Materials Transportation Act. Under Section 311 of the Clean Water Act, discharges of oils and hazardous substances (which may also be hazardous wastes) are subject to regulation. Hazardous materials, as regulated by DOT under the Hazardous Materials Transportation Act. include hazardous wastes. See 45 FR 3451 (May 22,1980). The amendments published today concern only RCRA requirements and in no way affect a person's obligations or responsibilities under any other applicable Federal, state or local law. CCR 000040751 Federal Register / Vol. 45, No, 225 / Wednesday, November 19, 1980 / Rules and Regulations 76629 IV. Examples of How These Amendments Operate The following examples illustrate the manner in which the amendments published today operate and tie in with the other RCRA regulations. 1. A manufacturer spills a commercial chemical product listed in 261.33(e) on the floor of his plant. He immediately uses a reagent to absorb or neutralize the spill, whose residue amounts to more than 100 kilograms. He places the residue in containers for subsequent transportation off-site. What regulations apply? The manufacturer is a generator of a hazardous waste--the spilled chemical as well as the resulting residue. He is not a small quantity generator because he has generated more than 100 kilograms of 261.33(e) residue. See 40 CFR 261.5(e)(2). His use of the reagent is not subject to treatment regulations of Parts 264 and 265 and this use does not have to be covered by a RCRA permit or interim status. Once the immediate response is over, however, he becomes subject to the generator requirements of Part 262. These include requirements for accumulation on-site, use of EPA identification numbers prior to transporting the residue off-site, nitiation of the manifest, and use of Appropriate packaging, labelling, marking and placarding.3Manufacturers who anticipate such spills may, as a precautionary measure, make necessary arrangements to comply with the Part 262 regulations in advance. And, the transportation and subsequent treatment, storage or disposal of the spill residue is subject to the requirements of Parts 263, 264, 265 and 122. 2. A tank used to accumulate hazardous waste (under the requirements of 8 262.34) ruptures and the wastes spill on to the ground. Because the tank does not have a secondary containment system, the generator immediately builds an emergency dike to contain the spilled waste. He subsequently pumps the spilled waste into drums and, after 5 EPA recognizes that certain persons, including manufacturers and trunsporters of hazardous materials, may not have EPA identification numbers prior to a spill which creates hazardous waste. At this lime EPA hss decided not to exempt discharges from the requirement of having an EPA ID number. Generators do not need an EPA ID number at the time of generation but rather at the time of treating, storing or disposing of the waste or transporting or offering the waste for transportation. Generators will have an opportunity to obtain an EPA ID number after the spill. And. persons who anticipate that they may generate hazardous waste in (he ure may obtain an EPA ID number in advance- Kr these reasons, EPA believes that at this time ire ia no reason to exempt these generators from this requirement. several weeks, ships those drums off site to an incinerator. The design, construction and operation of the emergency containment dike is not subject to the RCRA Subtitle C regulations (however, the overall response to the spill is subject to the requirements of Subparts C and D of Part 265 which apply by reference through 262.34), The storage of the cleaned-up wastes in drums is subject to the accumulation requirements of 262.34 if storage in the drums is for less than 90-days before off-site shipment or in a on-site. If storage in the drums exceeds 90-days, then this must be covered by a RCRA permit (an existing permit, a new permit, or an emergency permit) or be covered by interim status, and must be carried out in compliance with the applicable requirements of Parts 264 or 265, The incinerator that the drummed wastes shipped to, must have a RCRA permit or interim status. If, as part of the immediate clean-up action, the containment soil of the diked containment area is treated (e.g,, decontamination of the soil in a mobile treatment unit) or the spilled waste is treated, such activity also would not be subject to regulation. However, if such treatment extends beyond the immediate clean-up action, EPA will require an emergency RCRA permit to be obtained. If contaminated soil is left in place, this constitutes disposal and will require a RCRA permit. 3. A spill of hazardous waste material listed in 8 261.33(e) occurs in transportation. What must the transporter do? Under 8 263.30(a), the transporter must take appropriate immediate action to protect human health and the environment. The spill containment or treatment action taken in immediate response is exempt from the treatment and storage requirements of Parts 264 and 265 and the transporter is not required to have a RCRA permit or interim status for such action. If he has generated hazardous waste, he must comply with Part 262 when the immediate actions are over. If he transports the spill residue from the spill site, he must comply with the transporter requirements of Part 263 and transport the residue to a facility with a RCRA permit or interim status. If required by DOT regulations (see 49 CFR 171.15) or other federal regulations (see, e.g., 40 CFR 117.21 and 33 CFR 153.201], the transporter must notify the National Response Center. If an on scene coordinator or other official arrives, that official may undertake response activities which are exempted by today's amendments from the RCRA standards and permit requirements for treatment and storage. Under the present regulations. 8 263.30(b), these officials may authorize the removal of the waste by transporters without EPA identification numbers and without the preparation of a manifest. The hazardous waste residue must be sent to a hazardous waste management facility with a RCRA permit or interim status. If long-term containment or treatment occurs at the spill site, the site must have a full RCRA permit, interim status, or an emergency permit. 4. A spill occurs on the site of disposal facility which is in interim status. The operator of the facility undertakes immediate containment and clean up. He subsequently disposes of the waste at his facility. The immediate containment and clean up activities are exempted from the requirements of Part 264 and storage and treatment. The owners and operators of the facility must, however, carry out the provisions of the contingency plan under 8 265.51 and follow the emergency procedures 8 265.56. The disposal of the hazardous waste is subject to the disposal requirements of Part 265. If the disposal facility is unable to dispose of the spill residue, the owner or operator of the facility, if he has generated a hazardous waste, may accumulate the waste on site under the provisions of 8 262.34, and must comply with all the Part 262 requirements applicable to generators of hazardous waste. V. Effective Date Section 3010(b) of RCRA provides that EPA's hazardous waste regulations and revisions thereto take effect six months after their promulgation. The purpose of this requirement is to allow persons handling hazardous wastes sufficient lead time to prepare to comply with major new regulatory requirements. For the amendments promulgated today, however, the Agency believes that an effective date six months after promulgation would cause substantial and unnecessary disruption in the implementation of the regulations and would be contrary to the public interest. The amendments make clear that persons responding to spills are not engaging in treatment and storage activities and that such activities do not have to be done in facilities with a RCRA permit or in interim status. The effect of the amendments will be to relieve these persons of having to comply with a number of impractical requirements with respect to spills response actions. The Agency believes that this is not the type of regulation revision that Congress had in mind 000^0752 CCR 0 76630 Federal Register / Vol. 45, No. 225 / Wednesday. November 19, 1980 / Rules and Regulations when it provided a six month delay between the promulgation and the effective date of revisions to regulations. Consequently, the Agency is setting an effective date of November 19,1980, for these amendments. VI. Promulgation in Interim Final Form These amendments operate us a clarification of the hazardous waste regulations published in May of 1980. 45 FR 33068 (May 19,1980). With certain exceptions, those regulations did not address containment and treatment of spills of hazardous wastes or materials which, when spilled, become hazardous wastes. A literal interpretation of the May regulations, however, would mean that such actions constitute storage and disposal fully subject to regulation. These amendments conform the regulations to their original intent. The Agency believes that good cause exists for promulgation of this rule in final form. See 5 U.S.C. 553(b)(B). Delaying the application of these rules to allow opportunity for public notice and comment would work substnntiul hurdship on persons handling hazardous waste. The regulatory program goes into effect on November 19,1980. Spills are everyday occurrences in the real world. Without immediate clarification of the regulations, all persons who might in the future spill a hazardous material or hazardous waste would have to the prepared to be in full compliance with the Part 265 regulations governing treatment and storage. Without these clarifying amendments substantial hardship would be imposed, without appreciable benefit, on the regulated community. VII. Requests for Comments The Agency is soliciting comments on all aspects of the amendments and on all issues discussed in this preamble. In addition, Ihe Agency may initiate more I'omprelieiiNlve rulemaking in the near Inline on KCPA's application to spill responses. The aniemlmimts published today will be subject to reconsideration at that time. The public may accordingly be provided additional opportunity to comment on the Agency's regulation of spills. VIII. Regulatory Impacts The effect of these amendments is to reduce the overall costs, economic impact and reporting and recordkeeping impacts of EPA's hazardous waste management regulations. The Agency is unable to estimate these reductions. Dated: November 14.1980. Douglas M. Costle, Administrator. Title 40 of the code of Federal Regulations is amended as follows; response activities are completed, the regulations of this Chapter apply fully to the management of any spill residue or debris which is a hazardous waste under Part 261.] 260.10 (Amended] $ 122.21 [Amended] 1. Add the following definition to 5 2O.lO(H)(04a): 5. Add the following paragraph (d)(3) lo 122.21: "Spill" means the accidental spilling, leaking, pumping, pouring, emitting, or dumping of hazardous wastes or materials which, when spilled, become hazardous wastes into or on any land or water. (dj * * * (3) Further exclusions. A person is not required to obtain a RCRA permit for those activities he carries out to immediately contain or treat a spill of 122.3 [Amended] hazardous waste or material which, 2. Add the following definition to when spilled, becomes a hazardous 122.3: waste. [Comments: This exclusion is "Spill" [RCRA] means the accidental intended to relieve persons of the spilling, leaking, pumping, emitting, necessity of obtaining a RCRA permit emptying, or dumping of hazardous where the treatment or storage of wastes or materials which, when spilled, hazardous waste is undertaken as part become hazardous wastes into or on of an immediate response to a spill. Any any land or water. treatment, storage or disposal of spilled $ 264.1 [Amended] 3. Add the following paragraph (g)(8) to 264.1: material or spill residue or debris that is undertaken must be covered by a RCRA permit, an emergency RCRA penrJt or interim status.) These amendments are issued under (8) Persons with respect to those activities which are carried out to immediately contain or treat a spill of hazardous waste or material which, when spilled, becomes a hazardous waste, except that, with respect to such activities, the appropriate requirements of Subpart C and D of this Part are the authority of Sections 1908, 2002(a), 3004 and 3005 oT Ihe Solid Waste Disposal Act, as amended by Ihe Resource Conservation and Recovery Ac! of 1970 (RCRA), as amended, 42 U.S.C. 6905. 6912(a), 8924 and 6925. |FR Doc. 80-36132 Piled 11-18-80; 8,85 am| f BILLING CODE 6560-30-M --------- applicable to owners and operators of \-------------------------"------------------- treatment, storage and disposal facilities | 40 CFR Part 122 (j) otherwise subject to this Part. [Comment: This paragraph only applies [SWH-FRL 1675-2] to activities taken in immediate response to a spill. After the immediate Hazardous Waste Management response activities are completed, the System: General and EPA applicable regulations of this Chapter Administered Permit Programs: The apply fully to the management of any Hazardous Waste Permit Program spill residue or debris which is a hazardous waste under Part 261.] $265.1 (Amended I 4. Add the following paragraph (c)(ll) lo $ 265.1: agency: United States Environmental Protection Agency. ACTION: Interim final rule and request for comments. SUMMARY: The Knvlriiiimciiltil Protection Agency |"K1IA"| is today amending ita (11) Persons with respect lo those hazardous waste nonnit regulations to activities which are carried out to clarifiTilie circumstances under which immediately contain or treat a spill of hazardous waste management facilities hazardous waste or material which, may quality lor interim status. Inleruri when spilled, becomes a hazardous status is the condition under which waste, except that, with respect to such certain facilities would be treated as activities, the appropriate requirements having been issued a permit until such of Subpart C and D of this Part are time as final administrative action was applicable to owners and operators of taken on their permit application. These treatment, storage and disposal facilities amendments have been prompted by otherwise subject to this Part. questions from States and the regulated [Comment: This paragraph only applies community concerning the eligibility of to activities taken in immediate various types of facilities for interim response to a spill. After the immediate status. CCR 0000^0753 Federal Register / Vol. 45, No. 225 / Wednesday. November 19, 1980 / Rules and Regulations 76631 This notice also solicits comment on enforcement and regulatory policies which EPA is considering adopting to deal with facilities which miss the notice and application filing deadlines for interim status. OATES: Effective date: November 19, 1980. Comment Date: Comments on the amendments and policies discussed in this notice are due February 17,1981. FOR FURTHER INFORMATION CONTACT: John H. Skinner, Director, State Programs and Resource Recovery Division {WH-564), U.S. Environmental Protection Agency, 401 M Street, S.W., Washington, D C. 20460, 202/755-9107. ADDRESSES: Comments should be sent to Docket Clerk, Office of Solid Waste (WH-562), 401 M Street, S.W., Washington, D.C. The comments should refer to "Docket 3005-Interim status". supplementary information: I. Introduction Subtitle C of the Resource Conservation and Recovery Act of 1976, as amended ("RCRA"), 42 U.S.C. 55 8921-6833, requires EPA to establish a comprehensive Federal regulatory program to assure the proper management of hazardous waste. One of the most important features of this program is the rquirement that facilities 1 which treat, store or dispose of hazardous waste obtain a permit from EPA (or a State authorized by EPA to conduct a hazardous waste program) and that hazardous wastes only be designated for, delivered to and treated, stored or disposed of in these permitted facilities (Sections 3002, 3003, 3004 and 3005). Indeed, after the effective date of EPA's regulations identifying hazardous wastes, it is a felony to transport those wastes to an unpermitted facility or to treat, store or dispose of them at an unpermitted facility (Sections 3008(d)(1) and (2)). Recognizing that EPA and authorized States would not be able to issue permits to all hazardous waBte management facilities before the Subtitle C program became effective, Congress provided in Section 3005(e) of RCRA that certain facilities would be treated as having been issued a permit until such time as final administrative action was taken on their permit application. This statutory permit-- commonly referred to as "interim status", the title of Section 3005(e)--is 1 Throughout this notice, EPA will use the term "facility" to refer to the owner and operator of a hazardous waste management facility as well as the facility itself. Thus where, for example, the notice speaks of a "facility" being issued a permit, that term should be understood to mean the owner and operator of the facility. conditioned on a facility's meeting the following three requirements: 1. The facility must have been in existence on November 19, 1980,* 2. The facility must have "complied with the requirements of section 3010(a)" of RCRA (notification of hazardous waste activity). 3. The facility must have filed an application for a permit under Section 3005. On May 19,1980, EPA published regulations defining when a hazardous waste management facility may qualify for interim status. See 40 CFR 5 122.22(a) and 122.23(a), 45 FR 3343333434 (May 19,1980). Those regulations provide that interim status may only be obtained by an existing facility (defined in 5 122.3) which has "(n]otified the Administrator within 90 days from the promulgation or revision of Part 261 as required by Section 3010 of RCRA" (5 122.23(a)(1)) and submitted an application within "six months after the first promulgation of regulations in 40 CFR Part 201 listing and identifying hazardous wastes"---i.e,, November 19,1980 (S 122.22(a)). EPA has received numerous questions about these provisions since their publication. Most have focused on two major issues: whether facilities can qualify for interim status after November 19,1980, and whether facilities which missed statutory or regulatory filing deadlines can qualify for iterim status. We have examined these issues carefully and have concluded that $5 122.22(a) and 122.23 need to be amended to better define the universe of hazardous waste management facilities which are eligible for interim status under Section 3005(e). We have also decided that the Agency needs to establish enforcement and regulatory policies to deal with facilities which have failed to meet applicable deadlines for filing notifications and permit applications. These amendments and policies are discussed below in the context of the three statutory prerequisites for interim status. II. Requirement That Facilities "Comply With the Requirements of Section 3010(a)" Section 3005(e)(2) of RCRA conditions interim status on a facility's having "complied with the requirements of Section 3010(a)." Section 3010(a) in turn requires that: 'When RCRA we, originally enacted. Section 3005(e) provided that a facility had to be in existence ae of "the date of enactment of this Act"--i.e., October 21,1976. Recent amendments to RCRA have changed this date to November 19,1980. See Section 10 of the Solid Waste Disposal Act Amendments of 1980, P.L. 96-482 (October 21,1980). Not latnr than ninety days after promulgation of regulations under section 3001 identifying * * * or listing any substance as a hazardous waste . . . any person generating or transporting such substance or owning or operating a facility for the treatment, storage or disposal of such substance shall file with the Administrator (or with States having authorized hazardous waste permit programs * * ') a notification stating the location and general description of the activity and the identified or listed hazardous wastes handled by such person. Three major questions have been raised concerning the interrelationship between Sections 3005(e)(2) and 3010(a). A. Requirement to notify, A number of facilities have pointed out to EPA that they were not required to notify under Section 3010(a). They have asked whether a facility which is not required to notify under Section 3010(a) (and therefore did not submit a timely notification) would be eligible for interim status. These facilities are correct in their observation that Section 3010(a) does not require all hazardous waste management facilities to notify. The notification requirements of Section 3010 are triggered only by the publication of regulations under Section 3001 "identify by its characteristics or listing any substance as hazardous waste subject to ,.. subtitle [C]" and apply only to persona who are handling those substances at the time the regulations are published. See also 45 FR 1274712748 (February 28,1980). Moreover. EPA has, by regulation, exempted several classes of facilities which would otherwise be required to notify under Section 3010 from having to comply with any notification requirements (e.g,, on site storage facilities operated by small quantity generators (see 5 261.5) and recycling facilities (see 5 261.8)). If a facility is not required to file a Section 3010 notification, it is EPA's opinion that it has "complied with the requirements of Section 3010(a)" and has met that prerequisite for interim status. A contrary construction of Section 3005(e)(2)--which would have eligibility for interim status turn on whether a facility had filed a notification, irrespective of whether it was required to--would condition interim status on a facility's meeting a requirement which was not dictated by either statute or regulation. Indeed, in some cases--e.g., where a facility did not begin handling hazardous waste until after the ninety-day notification deadline--it would condition interim status on a facility's meeting a requirement with which it could not, as a practical matter, comply. EPA's May 19,1980, regulations defining when a facility may obtain CCR 000040754 76632 Federal Register / Vol. 45, No. 225 / Wednesday, November 19, 1980 / Rules and Regulations interim status did not refleel I lie Register notice (45 KR 5538(1), EPA clft ii:nl emirs, overnight or other factors. diHtim.tion between tiling ii notification identified approximately twenty of these Some limy be well-mttntignd facilities nnd being required to file a notification provisions, and promised to issue whose continued operation is in the under Section 3010. To correct this error, regulatory amendments or regulatory public interest. EPA is today amending 122.23(a)(1) to interpretation memoranda (RIMs) to Although EPA cannot grant interim make it clear that a facility which is not correct, modify or clarify them. status to facilities which failed to file a required to notify under Section 3010 Some of these provisions deal with timely Section 3010 notification, we are may obtain interim status without filing the issue of whether a person was prepared to exercise our enforcement a notification if it meets the remaining handling a hazardous waste on May 19, discretion to allow such facilities to two prerequisites set forth in Section 1980, and therefore was required to continue operating after November 19. 3005(e).1 notify EPA under Section 3010 by where their continued operation would B. Ninety day filing deadline. August 18,1980. In most cases, the be in the public interest. To provide A number of facilities which were regulatory amendments and RIMs which formal assurances to these facilities that required to file a notification as a result are now being developed by EPA will they will not be prosecuted for operating of the publication of EPA's May 19,1980, have the effect of narrowing the without a permit, EPA is considering regulations have advised the Agency universe of persons who were required issuing Interim Status Compliance that they did not file a notification to notify on August 18,1980 (based on a Letters ("ISCLs") to qualifying facilities within ninety days. These facilities have literal reading of the regulations). In a stating that the Government will not asked whether they will be eligible for few cases, however, they may bring prosecute them for operating without a interim status if they file a late within Subtitle C control owners and permit if they file a permit application notification. operators of facilities who could and comply with all applicable Part 265 As noted above. Section 3010(a) ri'iisonnhly have concluded, Imsml on u Htiimlurtl.s. The ISCI, would contain leqinicH fucililicH handling wastes liNted careful reading of the May 19, 1980. similar provisions shielding generators in lil'A's May 19,1980, regulations not regulations, that they were not required and transporters using these facilities only to file a notification, but to file the to notify on August IB, 1980. from Federal prosecution for sending notification within ninety days (i.e., by We do not think it is fair to penalize wastes to an unpermitted facility. August 18,1980). It is EPA's opinion that facilities for failing to notify under Compliance orders issued under Section a facility which was required to notify Section 3010 where that failure is 3008 of RCRA (with or without a civil as a result of the publication of EPA's attributable to major ambiguities in penalty assessment) could also be used May 19,1980, regulations and did not EPA's hazardous waste regulations. to achieve essentially the same result. file a notification by August 18, I960, Although we do not believe we have the Although a facility operating under an has not "complied with the requirements authority to waive the ninety-day ISCL or compliance order and complying of section 3010(a)" and is not eligible for interim status. A contrary interpretation of Section 3010(a) would essentially read the ninety-day deadline out of the statutory filing deadline for facilities which were required to notify on August 18.1980. we do think we have the authority under RCRA to issue a post with EPA's Part 265 regulations would not be immune from citizen suits under Section 7002 of RCRA because it was technically operating without a permit, '3 statute. EPA recognizes that this literal construction may have the effect of preventing some well-managed facilities from ever qualifying for interim status. We have developed two policies to provide relief in these situations. The first deals with facilities whose failure to notify is attributable to ambiguities in EPA's regulations; the second with facilities whose failure to notify is their own fault. In our opinion, these policies will preserve the integrity of the ninetyday deadline in Section 3010 while at the same time providing the administrative flexibility necessary to deal with late filings on a case-by-case basis. 1. Revised notification requirements. Since the publication of EPA's May 19, 1980, regulations, members of the regulated community, States and environmental groups have brought to EPA's attention a number of provisions in the regulations which were not clear, hoc administrative finding that a particular class of facilities was not required to notify at all because of major uncertainties in EPA's regulations. It is our intent, therefore, at the time EPA publishes future Federal Register notices announcing amendments to or interpretations of our hazardous waste regulations, (1) to decide whether some cIuhs of facilities may have fnilod lo notify because of ambiguities in those regulations and if so. (2) to issue a determination that that class of facilities was not required to notify under Section 3010 on August 18,1980, and to establish new deadlines for submitting permit applications and complying with interim status standards under 40 CFR Part 265.4 The effect of this determination will be to make the designated facilities eligible for interim status even though they failed to notify on August 18,1980. b. Enforcement discretion. In addition to facilities which failed to we doubt that such suits would ever be successful. Federal courts sitting in equity are not likely to close down facilities which have failed to submit a timely notification under Section 3010 if they are otherwise fully complying with all applicable substantive envimnincntiil standards. An ISCL or compliance order would also assist facilities which must file under Section 13 ol the Securities and Exchange Act of 1934, us amended, in making a full disclosure of the extent of their potential liability under RCRA. As noted above, for a facility which is complying with its ISCL or compliance order, potential liability under Section 3008 or 7002 should be negligible. EPA expressly solicits comment on these approaches. A similar enforcement policy was successfully used by EPA under the Clean Water Act ("CWA") to deal with an inflexible statutory deadline much like the ninety- or, as applied to specific waste file a timely notification because of day deadline in Section 3010.5The main management situations, did not make sense. In an August 19,1980, Federal major ambiguities in EPA's regulations, there are no doubt a number of facilities which failed to notify as a result of s Section 301(b) of the Clean Water Act, 33 U.S.C. S 1331(b). requires ail point source dischargers to meet effluent limitations based on the best 'Facilities which have not submitted a practicable control technology by July 1,1977, When * notification under Section 3010(a) would, of course, still be required lo file for an EPA identification 'If an amendment deals with the issue whether e material is a hazardous waste, EPA may at the it became apparent that some dischargers would not be able to meet July 1.1977 deadline, EPA began number. See 40 CFR $ 20S.11. 45 FR 33234 (May 19, 1980). same time trigger a new opportunity for notification under Section 3010. issuing letters and orders to these facilities stating Footnotes continued on next page 000040755 CCR Federal Register / Vol. 45, No. 225 / Wednesday, November 19, 1980 / Rules and Regulations 76633 difference between the CWA policy and the policy announced above is that under the latter EPA would generally not extend deadlines for complying with applicable regulatory requirements. In this respect, we think it is an even more judicious and envionmentally sound exercise of EPA's enforcement discretion. 3. A Caveat. Facilities should not construe the announcement of the foregoing policies (or the amendments discussed in Section 111, below) as an invitation to miss applicable statutory or regulatory filing deadlines. These policies are designed to address situations where facilities have acted reasonably and in good faith or where well-operated facilities have through clerical error or oversight failed to submit a timely notification date. They are not intended for facilities which have made little or no effort to comply with EPA's regulations. C. 1980 Amendments to Section 3010(a). The Solid Waste Disposal Act Amendments of 1980, P.L. 96-482 (October 21,1980), amend Section 3010(a) of RCRA to make notifications triggered by amendments to EPA's Section 3001 regulations after October 21,1980. discretionary with the Administrator. EPA has been asked what effect these amendments will have on facilities' eligibility for interim status. We see two important consequences for interim status flowing from the enactment of these amendments. First, facilities which handle wastes listed or identified as hazardous wastes by EPA after October 21,1980, are no longer automatically required to notify under Section 3010. Only if EPA expressly requires facilities to notify will notification under Section 3010(a) be required. Second, there is no longer any statutory deadline for filing notifications. In the future, all notification deadlines will be set by regulation. This will give EPA the same administrative flexibility to deal with late notifications that it currently has with respect to late permit applications. See Section III, below. III. Requirement that a Facility Have "Filed an Application Under this Section" A second statutory prerequisite of interim status is that the owner and operator of a facility have "filed an Footnotes continued from last page (hat the Agency would not prosecute them for fulling to meet the July 1.1977, date if they met an Hlternuhve deadline and accompanying compliance schedule set forth in the letter or order. application under * * * section [3005]". Section 3005(e)(3) EPA's regulations implementing Section 3005 condition eligibility for interim status on a facility's having ''complied with the requirements of 122.22(a) * * * governing submissions of Part A applications." See 122.23(a)(2). Section 122.22(a)(2) in turn requires that a Part A application be submitted by November 19. 1980. EPA has been asked whether, in light of these requirements, an existing hazardous waste management facility which is not now subject to EPA's hazardous waste regulations will be able to obtain interim status by filing an application after November 19,1980, if EPA amends its regulations to bring them into the hazardous waste management system. The answer to this question is yes, if the owner and operator of the facility file a permit application within six months of the amendment to EPA's regulations which first subjects the facility to the requirements of Part 265 or 266. EPA is today amending $ 122.23(a) to clarify this point. As noted in the "comment" to this amendment, EPA will make every effort to identify permit filing deadlines in the Federal Register publications announcing amendments to its regulations to avoid future confusion about when Part A permit applications must be submitted. See, e.g., 45 FR 47832 (July 16, 1980), 45 FR 74B84-74885 (November 12,1980). EPA is also adding a paragraph to 122.22(a) to make it clear that a facility which submits a permit application by a revised filing deadline announced by EPA in a Federal Register notice clarifying its regulations (see discussion in Section II.B.l, above) has met the prerequisites of Section 3005(e)(3) and is eligible for interim status. Some existing hazardous waste management facilities may need to qualify for interim status in the future, not as a result of EPA regulatory action, but because of changes in their own operations. For example, a small quantity generator may start generating over 1,000 kg of hazardous waste a month and need to obtain interim status for an exisitng on-site treatment, storage or disposal facility. Or a facility which properly determined on August 1,1980, that the solid waste it was treating did not exhibit any of the characteristics of hazardous waste may retest it after November 19,1980, and find that it exhibits the characteristic of extraction procedure toxicity. We have been asked whether the facilities will be able to qualify for interim status if they do not submit a permit application by November 19.1980. EPA believes these facilities should be eligible for interim status if they promptly file a permit application. Accordingly, we are today amending 122.22(a) to allow these facilities to qualify for interim status if they file a permit application within 30 days after they lose their regulatory exemption or begin handling hazardous waste. Readers should note that these facilities will technically be operating without a permit until they submit their permit application. EPA will not initiate any enforcement action against them, however, if they contact their EPA Regional Office immediately and file an application within the thirty-day period. EPA believes these amendments will cover most situations where facilities which are eligible for interim status under Sections 3005(e) (1) and (2) must file a permit application. In the event they do not, and in the event some facilities inadvertently miss the filing deadlines set forth in 122.23(a), EPA is adding another new provision to that section which allows a facility to obtain interim status if it files a permit application by the deadline set forth in a compliance order issued by EPA under Section 3008. IV. Requirement that a Facility Be "in Existence on November 19,1980" The final statutory prerequisite for obtaining interim status is that a facility have been "in existence on November 19,1980". EPA regulations define "existing facility" as a "facility in operation," (i.e.. a facility "receiving hazardous waste for treatment, storage or disposal") or "facility for which construction has commenced." 40 CFR 122.3 (definitions of "existing HWM facility" and, "in operation"). EPA has been asked(if a facility which was handling a solid waste on November 19, 1980, that was not identified or listed as a hazardous waste in EPA's Part 261 regulations prior to November 19, I960, but was identified or listed in a subsequent amendment to those regulations could qualify as an existing hazardous waste management facility for purposes of obtaining interim status. In EPA's opinion, if a facility was receiving for treatment, storage or disposal on or before November 19, 1980, a solid waste which is subsequently listed or identified as a hazardous waste by EPA, the facility was "in existence on November 19, 1980" and is eligible for interim status if it files a timely permit application and Section 3010 notification (if required). Limiting eligibility for interim status only to those facilities which were CCR 000040756 76634 Federal Register / Vol. 45, No. 225 / Wednesday, November 19, 1980 / Rules and Regulations handling a solid waste on November If). IfMM), thiit had boon llslod or idmillfiod ns n hazardous waste prior to that date, would attach too much regulatory significance to the order in which EPA promulgates its hazardous waste listings. It would also prevent any facility which was handling a solid waste now temporarily exempted from Subtitle C controls as a "special waste" from ever obtaining interim status.6 Readers should note, however, that for a facility to qualify as an "existing facility" in this situation, the solid waste which the facility was handling on or before November 19,1980, must be the same waste which is later identified or listed in EPA's hazardous waste regulations. A facility which is handling trash on November 19,1980, for example, would not qualify as an existing facility simply because after November 19,1980, it began handling a solid waste which was subsequently listed as a hazardous waste in EPA's Part 261 regulations. EPA recognizes that it may be difficult for some facilities to establish a precise correlation between solid wastes handled prior to and after November 19. 1980, because of changes in manufacturing processes, wastewater treatment processes, air emission controls, raw materials or other similar components of the manufacturing and waste treatment process. The Agency solicits comment on what types of guidelines it should follow in these situations to determine if the wastes being handled prior to and after November 19,1980, are the "same waste." V. Practical application To assist readers in understanding the amendments and policies which have been outlined above, EPA believes it would be useful to discuss how they would apply in concrete factual situations. 1. The ABC Company completed construction of a hazardous waste incinerator on October 1,1980. On October 2,1980, the facility begins incinerating a number of hazardous wastes listed in EPA's May 19,1980 regulations. The facility submitted a permit application on November 1,1980, but did not notify on August 18,1980. Does the facility have interim status? Yes. The facility was not required to file a Section 3010 notification because it was not handling hazardous waste at the time of promulgation of EPA's May 19,1980, regulations. Thus, although it has not notified, it has nevertheless `Ths fame reasoning applies to facilities which commenced construction by November IB, 1980. "complied with section 3010(h)" within No. On November 19,1980, the landfill tin: meuning of Section 3005(e). was not handling a hazardous waste (as The facility also meets Ihe other Iwo prerequisites for interim status. 2. The ABC Company owns a landfill which, since 1978, has been used continuously and exclusively for the disposal of sludges from the treatment of wastewater from widgit production. On January 1,1982, EPA adds wastewater treatment sludge from the production of widgits to its hazardous waste list. The preamble to the Federal Register publication announcing the new listing does not expressly require facilities handling wastewater treatment sludges from widgit production to notify. It does state, however, that such facilities must file a permit application and begin complying with all applicable iterim status standards by July 1.1982. The ABC Company files a complete permit application by July 1,1982. Does it have interim status? Yes. Section 3010(a) of RCRA was amended by the Solid Waste Disposal Act Amendments of 1980 on October 21, 1980, to make Section 3010(a] notifications based on revisions to EPA's hazardous waste list and characteristics discretionary with the Agency. Thus, in the absence of an explicit EPA directive to notify, a company handling a hazardous waste listed in a revision to EPA's Part 261 regulations which was published after October 21,1980, would not be required to submit a new Section 3010 notification. The ABC Company landfill also meets the two remaining prerequisites for interim status. Because it was handling a solid waste on November 19,1980, which was subsequently listed as a hazardous waste by EPA, it was a hazardous waste management facility which was "in existence on November 19,1980." It also filed a timely permit defined by EPA in its May 19. or July 16. 1980, regulations) or a solid waste which was subsequently identified or listed as a hazardous waste by EPA. It was therefore not "in existence" as a hazardous waste management facility on November 19,1980, and cannot qualify for interim status. 4. The ABC Company generates 500 kg per month of a waste listed in EPA's May 19,1980, regulations. Since 1975, the company has disposed of this waste in an unlicensed on-site landfill. Starting on November 19,1980, the company starts sending its waste to a state approved industrial landfill in order to take advantage of EPA's small quantity generator regulations. Later, EPA lowers the small quantity generator exemption to 100 kg per month. The ABC Company cannot find a nearby hazardous waste management facility to take its waste and would like to reactivate its on-site landfill. Is the landfill eligible for interim status? Yes. The landfill can meet all three prerequisites for interim status if it submits complete permit application within six months after EPA amends Part 281 to lower the small quantity generator exemption. 5. The ABC Company treats a waste which it believes is exempted as hazardous waste under 261.4 of EPA's May 19,1980, regulations. It does not notify on August 18,1980, or submit a permit application by November 19, 1980. On March 1,1981, EPA issues an interpretation of $ 261.4 which makes it clear that the waste treated by the company is not exempt. The company tests the waste against the characteristics of hazardous waste identifed in Subpart C of Part 261 and the waste exhibits several of the application. characteristics. Can the company's 3. The ABC Company owns an on-site treatment facility qualify for interim landfill which was handling garbage on status? November 19,1980. On January 1,1981, This will depend on the content of the the company goes into the widgit Federal Register notice announcing production business and begins using EPA's regulatory interpretation. If the the landfill to dispose of sludges from Agency decides that the exemption in the treatment of wastewater generated S 261.4 was so vague or ambiguous that by the widgit production process. On facilities in the position of the ABC January 1,1982, EPA lists wastewater Company could not reasonably have treatment sludges from the production of been expected to know that they were widgits as a hazardous waste. The required to notify and submit a permit preamble to the Federal Register application, it will (1) include as part of publication announcing the new listing its interpretation a formal Agency requires facilities handling widgit determination that those facilities were wastewater treatment sludges to notify by March 30,1982, and submit a permit application by July 1.1982. The ABC Company files a timely notification and permit application. Does its landfill have interim status? not required to notify and (2) set a new deadline by which those facilities must submit a complete permit application if they wish to qualify for interim status. Thus, if the ABC Company submits a complete application by the new ecu 000040757 Federal Register / Vol. 45, No. 225 / Wednesday, November If), 1980 / Rules and Regulations 76635 deadline, its treatment facility will have qualified for interim status. On the other hand, if EPA decides that the regulation was not vague or ambiguous or that Agency's resolution of ambiguities in the regulation does not affect facilities in the position of the ABC Company, it will not modify existing filing and compliance dates for those facilities. In this situation, the treatment facility cannot qualify for interim status because it has not submitted a timely notification and 1 permit application. VI. Miscellaneous Issues A. Protective filings. We have been advised that a number of facilities which are not now subject to EPA's hazardous waste regulations have filed "protective" notifications and permit applications to comply with EPA's May 19,1980, Part 122 regulations and thus assure that they will be able to obtain interim status in the future (if necessary). Many of these filings may not be necessary under today's revised regulations. We urge facilities which have filed unnecessary notifications or permit applications to advise the EPA Regional Office. This will help assure that our list of existing hazardous waste management facilities is accurate for enforcement and other purposes. B. Units within existing facilities. Section 122.3 of EPA's May 19, 1980, regulations defines the term "hazardous waste management facility" to include sites consisting of several operational units which handle hazardous waste. A facility, for example, may consdst of two hazardous waste storage facilities, a hazardous waste landfill and a hazardous waste incinerator. Section 122.23(c) restricts the modifications which may be made during interim status to the design capacity of an existing facility and to the processes used by the facility to treat, store or dispose of hazardous waste. EPA has been asked whether, when an individual unit in an interim status facility later qualifies for interim status, that constitutes a "change" in existing design capucity or processes and, if so, whether that change) would be subject to the restrictions set forth in 122.23(c). The restrictions on modifications in 123.23(c) are intended to prevent interim status facilities from iwking major changes in their existing operations which either would'be tantamount to the construction of a new facility or should ideally be made after an individual permit is issued. See 45 FR 33324 (May 19.1980). They are not intended to restrict the number of individual units within those facilities which can qualify for interim status. Thus, EPA would not consider the fact that an individual unit within a facility has independently qualified for interim status (or is operating under an ISCL or compliance order, as discussed above) to be a "change" to the facility subject to the restrictions of 122.23(c). The individual unit would, of course, be subject to those restrictions if the facility sought to enlarge the design capacity of the unit or modify the processes used by the unit to handle hazardous waste. VII. Interim Final Regulations and Effective Date A. Interim final regulations. EPA has determined under Section 553 of the Administrative Procedure Act, 5 U.S.C. 553, that there is good cause for promulgating these amendments without prior notice and comment. As discussed above, EPA's regulations defining when a facility can obtain interim status have erroneoulsy led many facilities to believe that unless they file a permit application by November 19,1980, they will never be able to obtain interim status. We think it is essential to correct this error before November 19,1980, or else a significant number of facilities will be filing unnecessary permit applications on November 19,1980. Readers will have ample opportunity (ninety days) to comment on these amendments before they are issued in "final final" form. 3. Effective date. Section 3010(b) of RCRA requires that revisions to "regulations * * * respecting * * * requirements [for] permits * * * shall take effect on the date six months after the date of * * * revision." We do not think a literal application of this requirement would make sense in this case. The purpose of Section 3010(b) is to allow persons handling hazardous waste sufficient lead time to prepare to comply with major new regulatory requirements. Delaying the effective date of amendments which reduce existing regulatory requirements is not necessary to carry out this objective. Furthermore, for the reasons stated above, EPA believes an effective date of six months after promulgation would be counterproductive since much of the unnecessary regulatory burden which these amendments seek to avert will already have been imposed. We are therefore making these amendments effective on November 19,1980, the effective date of the remainder of EPA's May 19.1980, hazardous waste regulations. Dated: November 14,1980. Douglas M. Costle, Administrator. Title 40 of the Code of Federal Regulations is amended as follows: 1, Section 122.22 is amended by redesignating paragraphs (a)(2) and (a)(3) as paragraphs (a)(4) and (u)(5) respectively, and revising paragraph (a)(1) and adding new paragraphs (a)(2) and (a)(3) to read as follows: 122.22 Application for a permit. ***** (a) Existing HWM facilities. (1) Owners and operators of existing hazardous waste management facilities must submit Part A of their permit application to the Regional Administrator no later than (i) six months after the date of publication of regulations which first require them to comply with the standards set forth in 40 CFR Parts 265 or 266, or (ii) thirty days after the date they first become subject to the standards set forth in 40 CFR Parts 265 or 266, whichever first occurs. [Comment: For facilities which must comply with Part 265 because they handle a waste listed in EPA's May 19, 1980, Part 261 regulations (45 FR 33006 et seq.), the deadline for submitting an application is November 19,1980. Where other existing facilities must begin complying with Parts 265 or 266 at a later date because of revisions to Parts 260, 261, 265, or 266, the Administrator will specify in the preamble to those revisions when those facilities must submit a permit application.) (2) The Administrator may by publication in the Federal Register extend the dat^by which owners and operators t>f specified classes of existing hazardous waste management facilities must submit Part A of their permit application if he finds that (i) there has been substantial confusion as to whether the owners and operators of such facilites were required to file a permit application and (ii) such confusion is attributable to ambiguities in EPA's Parts 260, 261, 265, or 266 regulations. (3) The Administrator may by compliance order issued under Section 3008 of RCRA extend the date by which the owner and operator or an existing hazardous waste management facility must submit Part A of their permit application. ***** 2. Section 122.23 is amended by revising paragraph (a)(1) to read as follows: CCR 000040758 76636 Federal Register / Vol. 45. No. 225 / Wednesday, November 19, 1980 / Rules and Regulations 122.23 Interim status. (a) * * * (lj Complied with the requirements of Section 3010(a) of RCRA pertaining to notification of hazardous waste activity. [Comment: Some existing facilities may not be required to file a notification under Section 3010(a) of RCRA. These facilities may qualify for interim status by meeting paragraph (a)(2) of this Section.j These amendments are issued under the authority of Sections 1006, 2002(a) and 3005 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6905, 6912(a) and 6925. |FR Doc. 80-30133 Filed 11-16-80, 0:45 am) BILLING CODC 6M0-36-M CCR 000040759 Tuesday November 25, 1980 Part X Environmental Protection Agency Hazardous Waste Management System: Clarification of Regulations on Hazardous Waste In Containers; Exemption f Certain Treated-Wood Wastes; Final List of Commercial Products Which Are Hazardous Wastes if Discarded (S261.33); Exclusions In Response to Delisting Petitions CCR 000040760 78524 Federal Register / Vol. 45, No. 229 / Tuesday, November 25,1980 / Rules and Regulations ' ENVIRONMENTAL PROTECTION AGENCY - * 40 CFR Par:. 261,262, and 265 [SWH-FRL 1680-3} Hazardous Waste Management System: General Hazardous Waste Management System; Identification dnd Listing of Hazardous Waste ' AGENCY: Environmental Protection Agency. ACTION: Final amendment and interim final amendments to rule and request for comments. summary: These amendments modify 40 CFR 261.33(c) add add a new section, 40 CFR 261.7t to EPA's May 19.1980, hazardous waste management regulations. This new section and the change to | 261.33(c) clarify the situations in which residues of hazardous waste that are contained in drums, barrels, tank trucks or other types of containers must bo managed as hazardous wastes under 40 CFR Parti 261 through 285 and 122 through 124. dates: Effective dates: The effective date for S 261.7 is November 19,1980. The effective date for the amendments to 261.33, 5 265.173 and to S 262.51 is May 25,1961. Comment date: Today's amendments, with the exception of { 261.7(b)(3), which t**eroly a. rsodiiflcatfOA.'WE being promiifgalel as interim flftdl rules. EPA will accept comments on them until Jiaiuaryzn, ISSl. Gosplaene date* See Sagvtanratary Information for details on complinone dates. addresses: Comments of these amendments shoetd Ibe railtoDixht Clerk (Docket No. 2001), Office ofSolid Waste (WH-5BS), U.S. Environmental Protection Agency, 481 M'Sf-.S.W., Washington, D.C. 20460. FOR FURTHER INFORMATION CONTACT: Alfred W. Lindsey, Office of Solid Waste, U.S. Environmental Protection Agency, 401M Street, S.W., Washington. D.C. 20460 (202) 755-9185. SUPPLEMENTARY INFORMATION: I. Authority These amendments are issued under the authority of Sections 1006,2002(a), and 3001 of the Solid Waste Disposal Act, as amended by the Resource' Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.&C. 6905, 6812(a), and 6921. II. Compliance Dates interim status under Section 3005(e) of EPA does .pot consider new 1 BIT to be a "revision" of the Section 3081 regulations within the meaning of Section 3010(b) of RCRA. It is merely * clarification of the May 19.1880, regulations and does not subject any person to regulatory control who was not already subject to the May regulations. All such persons, of cowee, should have already notified 13*A of their hazardous waste activities on or before August 18,1980, and if they are hazardous waste treatment, Storage w disposal facilities must submit a Past A permit application to EPA on arbefosa November 19,1980. Today's amendment to S 281.33(c). ; which clarifies that EPA comUtn at hazardous wastes containerresidues of , acutely hazardous mateHals4faft ace discarded, and does naif consMir the RCRA, must file a notification by January 26,1981, unless they have notified previously (as described in Il.A. above), and must file a permit application by May 25,1981 (see 40 CFR 122.23(a)(1) and (2), 45 FR 33434 (May 19. I960)). Owners or operators of facilities who have qualified for interim status and who wish to manage wastes newly included in these regulations by the amendment to $ 261.33(c) must submit an amended permit application by May 25,1981 (see 40 CFR 122.23(c)(1), 45 FR 33434 (May 19, I960)). Owners or operators who do not comply with the notification or permit application requirements are precluded from managing these wastes after May 25,1981 until they have obtained an RCRA permit under Part 122. containers themselves to be hajoudcns wastes when they are discarded, wtil require additional persons to notify EPA that they handle these acutely hazardous wastes and will require sty treatment, storage or dlsposal facUity which wants to continue to handlejim wastes also to submit a Part A permit application and qualify for interim status. C. Compliance With the Requirements ofParts 262 Through 265,122 and 124 Beginning on May 25,1981, persons handling wastes newly included by today's amendment to $ 261.33(c) must comply with all applicable standards for hazardous waste generators, transporters, and owners and operators of hazardous waste management ..^Facilities set forth in 40 CFR Parts 262 A. Notification through 265,122 and 124 with respect to Persons who generate, transport, treat, these wastes. store or dispose of wastes which are nevdyeobjecfto regulation uncie^Parts 201 tinned MT. 122 and 124 feecn*tooF today's revision to 5 26l.33(c) are not ` wqrted to notify EPA so longeeikey previously -notified the Agency Href they handle a'hazardous waste andreceived an EPA identification numbefi'-Pfaaons who have -not previously notified ERA andwho now generate or handle die wadies newly Included by the .emendeMW tod 261.33(c) mtM now notify EPA affheir activities tinder Section 894One later than Jammy 2& 1961. Noti^SfMon instructionshre set forth in 4S FR42746 (February 26,1980).- III. Background In May of 1980, EPA promulgated -fagulations implementing Subtitle C of the Resource Conservation and Recovery Act of 1976, as amended ("RCRA"). These regulations, among other things, identify and list hazardous waste (Part 281), establish standards for generators end transporters of hazardous waste (Parts 262 and 263), end set management and permit requirements for owners and operators of facilities that treat, store or dispose of hazardous waste (Parts 284 and 265 and Parts 122 and 124). 45 FR 33066 (May 19. 1980). These regulations are designed to B. PaHAJteamt Applications . ensure the proper handling and The owners or operators otA.' existing hazardous waste management facilities (see the definition cd'totiatinr HWM facility" in 40 CFR 122A 45 FR 33421 (May 19,1980) and 45 JR 67756 (October 14,1980)) which treat, atom or dispose of wastes newly included in these regulations by the amendment to 5 261.33(c), and who wish to quufifylbr management of hazardous wastes from their generation through their ultimate disposition. Hazardous wastes are often stored or transported in containers.* Some of these containers may be full, others partially full Depending on how a particular hazardous waste is to be managed and whether a container is to be re-used, some containers may be `EPA's authority for this action is tVarecent Emptied, leaving a residue in the oinandmant to Section 3010(a) of RCKA*ihWw4' container. Other containers may be In the Solid Waata Oiapoaal ActAoian4mMSn[ 1980 (Pub. L 96-4*2, (October 21.1*89)1 wlBctr^ leave* the requirement* fur n<rtific*li*r-linoWMj nvlalonof the Section 3001 result discretion of the Adminietratori * 1 `"CshUinsf" is defined In 40 CFR 260.10 as "any yOMc device in which a material is stored. - ttnMjpwted, treated, disposed of, or otherwise rluMled." CCR 000040761 _FedaIRo^8ter^^ol^6^Ia^M/^Tuesday^Novembe^5^l98^^ule^indRegulation8 78525 cleaned, perhaps creating a rinsate on the control of "empty" containers containing hazardous waste.' and hazardous waste residues in EPA has received numerous questions "empty" containers. about me extent to which partially full, "empty" and cleaned containers, or A, Full or Partially Full Containers more precisely, the waste or waste Under Part 261, all solid waste that is residues In such containers, are identified or listed as hazardous waste regulated under RCRA. Specifically. Is subject to regulation under Parts 261 (1) What is an "empty container?" through 265,122 and 124. Thus, the May (2) Under what circumstances is a 19, I960, regulations clearly regulate container that has held hazardous hazardous wastes in full or partially full waste, but is now "empty," Controlled containers. under tlie RCRA hazardous waste regulations? B. "Empty" Containers (3) How do the small quantity The typical emptying of a container provisions (g 261.5) end the use, re-use, by pouring, pumping, aspirating or other recycling and reclamation provisions common emptying methods is not (g 261.6) apply to container^ capable of removing ail residues. So- management? called "empty" containers hold small (4) Are container cleaning operations amounts of residue unless they have subject to the RCRA facility and been thoroughly rinsed or otherwise permitting requirements? cleaned to remove such residues. Many In response to these questions, SPA is persons have concluded that unless modifying its hazardous waste hazardous waste residues in "empty" regulations to better explain'the containers are excluded by the small circumstances under which a'container quantify generator exclusion of g 261.5, which has held hazardous waste all such residues are fully controlled as (including any of the chemicals listed in hazardous, wastes and thus persons g 261.33 (e) and (f), when they are handling such containers would, wastes) remains subject to the because of file residues have to ship requirements of Parts 261'through 268, such containers accompanied by a 122 and 124, and the notification manifest and have a permit for interim requirements of Section 3010 of RCRA. . status) for the treatment storage or Hie Agency is doing this by a'dcting a disposal of the residues. new section of Part 261. 8-261.7,,whieh The Agpncy did not intend, however, deals exclusively with the issu&of When to regulate hazardous waste residues in residues in containers will be subject to "empty" but.pnrinsed containers, except regulation. This new section will enable where the hazardous waste Is ah acutely persons who deal with container hazardous material hated in g 261.3|{e). residues to look to One sect!on of the See tbe preamble discussion ai4S,FR` regulations to determine whether they 33116, Mhy 1?, 1980. EPA beliqvea that, are regulated. except where the hazardous Waste is an IV. The Control of Residues in Empty Containers and the Definition of Empty Container acutely hazardous material listed in g 261.33(e), thejMjufil amount of. hazardous Waste residue that remains in individual empty, unrinsed containers In the May 1980 regulations the only does not pose a substantial hazard to specific references to containers of human health Or file environment. If hazardous waste in Pari 261, which there are certain situations where this identifies those wastes subject to presumption is,unjustifed, the Agency regulation, are in gg 261.33(c) and ' will consider amendments to the 26l,5(c)(3)-{4), Section 261.33(c} provides regulations tp accommodate them. See that any container or inner liner from a fim disctifmphljaloW in section IV.E. of container that has been used to hold any this preamble',' acutely hazardous commercial chemical fit making thti presumption, the , product or manufacturing chemical Agency considered the amounts of intermediate listed in ( 261.33(e) is a hazardouswaste residues contained in hazardous waste when it is dfscarded or "eifcptyl* containers from which all intended to be discarded, unless it has hazardous wastes have been removed been triple rinsed or otherwise by common methods of emptying appropriately cleaned. Sections containers; Dumping, pouring, pumping 261.5(c)(3) and 261.5(c)(4), part of the and aspirating and, for containers,of special requirements for hazardous contained gas, allowing the pressure in waste generated by small Quantity the container to reach atmospheric generators, excluded from regulation Although' EPAofficials.have explained certain small containers and a certain in many public meetinga that tha only amount of inner liners from coflteiners residues in "empty" containers that fire identified, in 261.33(c). Otherwise, the Agency intended to a$gulat,were/hose MAy 1980 Part 261 regulations are silent pf,acutely,hazardous matariala listed in g 261.33(e). (see 40 CFR 261.33(c). 45 FR 33124, (May 19. i960)), the Agency did not articulate this in the regulations. To rectify this omission, the Agency is amending the regulations to expressly specify that the hazardous waste remaining in an "empty" container is not subject to the regulations. See g 261.7(a). On the other hand, the hazardous waste residue in any container that is not considered empty is subject to full regulation as a hazardous waste unless any of the special requirements or exclusions in Part 261 or g 262.34 apply. To implement this clarification EPA is also amending the regulations to provide a definition of "empty container." See g 261.7(b). This definition is in three parts and is keyed to the type of waste in the container, i.e,, the methods that must be used to remove the residue from a container for it to be considered empty under g 261.7(b) depend on the material that the container held. What should be clear from g 261.7, however, is that no "empty" containers are subject to regulatory control because no "empty" containers hold residues that are considered hazardous wastes for regulatory purposes. 1. Containers that have held hazardous wastes other than gases and acutely hazardous materials. The first part of the definition of "empty container" deals with containers that have held hazardous wastes other than compressedgases and acutely hazardous materials listed in g 261.33(e). For such containers, the definition, provides that an empty container is one from which all wastes or other materials have been removed that can be removed using the practices commonly employed to remove materials from that type of container. The definition further provides that no more than 2.5 centimeters (one inch) of residue may remain on the bottom of the container for it to be considered empty. The Agency recognizes that this part of the definition is not perfectly precise and may be subject to interpretation in difficult cases. For example, if the hazardous waste is a two-phase mixture of a liquid and a non-viscous solid or semi-solid and is contained in a drum with a sealed top (with only bung holes provided for filling and emptying the drum), it is very possible that common emptying methods will not remove all of the waste. Common emptying methods might remove the liquid phase and leave the solids or semi-solids adhering to the sides so that there is less than 2.5 centimeters of waste on the bottom of the container. In this example, the ' Agency would not view the container as an empty container because the total CCR 000040762 78526 Federal Register / Vol. 45, No. 229 / Tuesday, November 25, 1980 / Rules and Regulations amount of material in the container would be greater than a 1.5 centimeter layer cm the t-Mtom. In spite of it* imperfection, the Agency believes this definition is useful and can be made to work with only occasional interpretation for unusual sitaationx The Agency wifi render snob interpretations when necessary to implement this definition and the related regulatory provisions. Been so, tire Agency is open to any advice on how to improve this definition and spectflcaUy solicits each advice during the comment period provided for this Merisi final rule. 2, Compressedgas containers. For compressed gas containers, the second part of the definition provides that an empty container is one which has been opened to atmospheric pressure. 3, Containers that have hehidtrutefy hutardotn.matenah. For containers that have held any of the ncutely hsrardous materials listed In $ 2ei.53fo),tee third part of did definition provides that an empty container is one that has been triple rinsed vrithun appropriate solvent.' or detoxed ualntftetothCT methodshown to addeveoepdvalent removal or, in the erne Ofn container, has had the inner liner removed. This part of the definition erf etejrty container has beenmhifted from 8MVR' Z6l.33{c}flH3tbi ohter teconMne In one section of the regeletkms all provisions dealing with tbetesue of when container residues wuittbe managed as hnanrdons vnnte. It was explained in the prawubUte fee M*y 19, 1980, MgulalfcMB. fine 85118*48. C. Interim FinalProaudgattan Bocmm AsfosthnpHhsfilH definition of empty container ($ zeiJlbKiH^iVtMnevmg^atory provisions, EPA la punllgatiiig them In interim final form adwifoscoept comments on them Cwrtnrfiys, Section 261.7(a), which darfile* srfwntnrfteriner residues must be managed qfcWlmfcns wastes, ho is new end afonis hning proimdgatsd in intsrka final fores wtih a 90 day comment period. BPfV Indiums that o*o of advance notiq andoommect procedures for time nmondmeMs would bo bfnctiuUiSad contrary to the public fcrtoreet, and (horefa* findsteal regulations in interim finrSformfllea $ U.S.C. SSJfbXB)). Ssctfott fVJJ. below, entitled "Kffactiva Oats," dteonrea the coiAshn end rfteroptton that erredd result were EPA net to prtmudgMaThwe awadmrots to toterimftowl fate with a Novaofoer 19, ipso, affective date. lbe tided pail ofthadaMttonnf . empty eoataiMr, f 28l.7(hfip,is merely recodified and la being promulgated as a final regulation. D. Effective Date Section 301D(b) of RCRA provides that EPA's hazardous waste regulations and revisions thereto take effect six months after their promulgation. The purpose of this requirement is to allow persons handling hazardous wastes sufficient lead time to prepare to comply with major new regulatory requirements. For the new 1261.7 promulgated today, however, tha Agency believes that an affective date alx months after promulgation would cause substantial and unnecessary disruption in the implementation of the regulations and would be counterproductive for the regulated community apd the public. The regulatory provisions that these amendments modify take offact on November 19, I960. Beginning on that date. In the absence of the effectuation of these amendments, all hazardous waste residuesdown to very minute quantities'arguably would have to he managed as hazardous wastes. The clarifications in f 281.7 have been requested by the regulated community andwfll eliminate tee confusion thathas existed concerning when container residues must be managed as hazardous wastes. Section 281.7 doesnot subject any persons at activities to regulation which wqrq not covered by the Mey 19 regulations. The section only serves to exclude certain residues of hazardous waste from regulatory control. Pbredns handling excluded residues thuy heed not comply with any hazardous waste management requirements for those residues. In the absence of this new section, thesepersons arguably would haveto complywith a$j applicable regulations hi Farts 28T throughJBS, 122 and124 on November l9,T^,'indji:r lessening trfregulatory requU'enumlft , sureW 1* not tite type df revision W regulations that Congress had hi mind when it provided a six-month delay between the promulgation and the effective date ofrevisions to regulations. Consequently the Agency is setting an effective date Of November 19.1980. Options UnderGonaderatiomfw Regulating Hcmardaas Waste Readmes im "Empty"Cmdamert . As dfsaesaetl hk section IV.ii. of this preredrfe. BFA beflem that tee small amount ofhazardous waste residue teat remain in indM^ual enqrty, mrrtnsed containers doeyitotpow a substantial haserdtobwnanbwslteorthe environment. EFAts comJeiiisdt however,teatdrum reconditionera and othertetflUfa*tent tleanlfoge notobere and treat or dispose of significant amounts of unregulated residues which may pose a substantial hazard to human health or the environment GPA is currently considering three options to deal with this possible problem. 1. Triple rinsingfar all containers. The option which EPA considers the most equitable and which appears to offer the greatest protection to human health and the environment is to require that all containers be triple rinsed before they are considered empty. This would ensure that the only residues that would be unregulated under the Fail 262 through 265.122 and 124 regulations would be trace amounts that would remain in a container after triple rinsing or an equivalent cleaning operation. If a container that hadn't been triple rinsed were transported, it would have to be accompanied by a manifest, unless the residue in the container were excluded from regulation by the small quantity jWOTStor ORdusion (128LS) or by the use, renta. recycling or reclamation provisions of | 2SXj6, and oould only be shipped to a treatment, storage ot disposal facility with a permit or interim stadia. Under f 261.7(e), as promulgated today, container residua (other than those of acutely hazardous materials listed th ) 281.33(e)) of las than an inch are not subject to the RCRA Subtitle C requirements. If all containers had to be triple rinsed before the remaMug realdue were not regelated, the potential for environmental and health problems that exists water the current version of 1281.7 could be etiaiinated. 2. Regulation ofthe residue when it is removedfrom the container. Another cation EPA ia considering is to add the words "until it is removed from the container" to $ 261.7(a)(1) so that the section would read: "Any hazardous waste remaining to a container or an tonto Ibrtrremoved from a container Jthat ieednfty, as. definedin paragraph (b) of tidawetion, torroamAjject to regulation under tats 281 through 288, , Fart122 or 124 of tifls chapiter or to the notffieation requirements ofSection 3010 of RCRA until it la removed from the container." Such language would mean that the hazardous waste residue in an empty container could be transported, treated,' stored or disposed of without being subject to RCRA regulation while il remained in the container, but that the residue would be regulated If it were removed from tee container. This solution would be less burdensome to the Vegulated community than requiring triple rinsing of aficonialners that have held hazardoos waste, but II would not offer as much protection of human CCR 000040763 Federal Register / Vo). 45, No. 229 / Tuesday, November 25. 1980 / Rules nod Regulations 78527 health and the environment because residues that remained in empty containers would be unregulated. It would roquive facilities about which FPA is most concerned, i.e,, those container cleaning facilities which accumulate large amounts of container residues, to properly manage the ) esidues as hazardous wastes once they were removed from the container. EPA would consider the person who removed the waste to be the generator. Persons who removed only small quantities-of tesidues could qualify for the small quantity generator exclusion, if they also did not have large quantities of nm tv hazardous wastes. One problem v.rh this ap;ir j.u.h, though, would he I mw pi reottfi removing residues from i ;i ply i onlmru r!; tin.t hud been shipped to do in would receive notice tied the !,``nbur<1 vvi ic 1 i/.nniuiis Wustey I., i -him1, in.'ll !h :: imui-iVuI, thu i 'due would 'a' in.regulated, u id thus i d,l Ini shipped without a manifest rule they remained in their containers. 3. 'l.irrniatan the amount of egr:<'.tej re.,,`1' r. A `bird option EPA n. i m. dciing 11 to roeubde only persnnii wild handle largo amounts of razarioiv waste residue in, or removed from, n' pty containers. The Agency could, uccompiish this by limiting the amounts of unr egulated residue a person could ni l vf;o during a particular period of tune without becott mg Bubjoct to i '.idous waste management controls. Ail container residues handled by persons who regularly deal with large unoiAits of such residues could be , i c'vduted I t'A ;.>lints cn'iiments nnd data on vvtii-it:,'i the residues leit unregulated by $ 201.7 rimy pose a substantial hazard to human health or the environment and. if so, whether cotnmcnlurs fuvor ona of the three op'iens outlined aboves or some other alternative to deal with'the problem. V. Clarification of 40 CFR 261.33 Section 261.33(c) lists containers that hold residues of certain acutely hazardous commercial chemical products, manufacturing chemical intermediates, and off-specification products as hazardous wastes if and when they are discarded or intended to be discarded. EPA is making certain clarifying changes to this section. A, Clarifying Changes Including Regulation ofResidues Rather Than Containers First, as mentioned above, today's amendments move the provisions of S 26l.33[c)(lH3) 1" S 261.7(b).' Second. EPA also is changing the.remaiping wording of 261.33(c) and the tRln of, S 261.33 to clarify that it is the hazardous material residue in a container, rather than the container itself, that is controlled under the regulations if and when the residue is discarded or intended to be discarded. This avoids the problems that can result from a literal reading of the regulations if the container, rather than the residue, is considered a hazardous waste. Read literally, for example, 262.34(a) would require that a container, if the container itself were considered a hazardous waste, be placed within another container for temporary accumulation. This change to the wording of S 261.33(c). alMiough ir.eielva ,v,nfi<:eti,n`, of Him Agency's inV'H |t,|. May tti. ItEttl. regulations. lines alter Him substance of 1 f,i ; guin mem ir, one ri' .|:tT.l. Altl'Oai'h 1 '!ri.33(ni implies lli.it ,'ifiv Mitifiunl i,l ;i listed feiLi'ely hazardous niutcbil i:-' < I'.1! '.ndnus waste n hen it : a ,i or iuli'.idr-d to b,: discorded, r( 26t.3.E` 1 in Ibe May 19 regulati-ms implies tIj.- t a container or liner that previously held an ocid'ly Lazai'drui" inct'-ral listed in J 2ii1 '13(e) t'ccoao'S a hazardous waste onlv if and h"n the ; ontnir"r er ' posed tr. d, ' bazirdoin w mUm "''ridue- is "discarded or irdenried in be ditzu'ded." Under one reasonable interpretation of 5 2fil.;rt(c], a container which is re-used by ..iiyrine or sent to a rccordilioner for cleaning and subsequent re-use would not be subject to the hazardous waste management regu'a lions because it was not "intended to be dis-arded." When the residue, rather than the container, is considered the hazardous waste, as It is under the amended 5 261.33(c). a container holding u regulated residue, i.e., a container that is not "empty." that is sent to a reconditioner for cleaning and re-use must be accompanied by a manifest and may only be sent to a person with a RCRA permit or interim status for the treatment, storage or disposal of tjhe waste in question. Because this amendment to 261.33(c) may extend regulatory control to some persons whose activities were not previously regulated under RCRA, EPA is providing time for these persona to notify under Section 3010 of RCRA and to submit permit applications pursuant to 40 CFR Part 122. See the discussion above in section II of this preamble entitled "Compliance Dates." On the other hand, if the residue of an acutely hazardous waste listed in S 261.33 itself is to be beneficially used, re-used, recycled or. reclaimed, it is not being discarded and it never becomes a hazardous waatcaod thus is not subject to the hazardous waste management regulations. Forexampld,. if a container that has held an acutely hazardous materiel listed in S 261.33(e) is to be re used to contain the same material listed in J 261.33(e) that it previously held (and the initial residue is not discarded), or to contain some other material where the mixing of the other material with the residue of the $ 261.33(e) material constitutes a beneficial use or re-use of that residue, then the acutely hazardous residue in the container or liner is not discarded and thus is not a hazardous waste. EPA has added a "comment" to 261.33(c) to rem,nd readers of the regulation that unless residues are beneficially used or 'e ased, or legitimately rerycbii or recl.-imed. or him beii'M ani mwbiled. si,,,, d, li.iiiapoili d Hi' I , I'ed pu.a n> .inch use. M'-IISe. ri`( , nil It,1. (' II" 1 I MUM m;i. EPA (iiii.siili'i s iji i . I o, lii I > aiM in led for discard .mil 11! i 'll:-,.mi : ,,t,le. if. /; 'rn.a -, t EPA bel.eves teat a,,o i.f advance notice and commut'd pruceduies for the clarification to $ 2Ai.33(c) would be impracticable an ! i uRi'ry tn the public interest, and therefore oeiis "mi good causa exists for mb'; ..: fi i-- change in interim final fore' 1st;.: a U.b.'.,. S.VlfbJfBJ). Delay m pro' .up,..lug this clarification could cause signiheant harm to Ihe regulated community and the general public. Without this dal Ticiition, eunluMon crisis over whether the provisions ol ij liiii.33(a) or 261.33lt ] govern contoine: residues of acutely hazardous maliri Es that are discarded ot intended tn lie discarded. FPA intended that all `.tit li ro-idues l e controlled as hazaidnus wastes, but. ns (li.a u ised above, one i,'u.n.tnable mterprclulion of j 261.3 l|i ) it; ihut such tesidues uie not considered hazardous wastes if the containers thu: hold such residues are not discarded, fo give notice to the regulated community of how EPA inlenoed 261.33(e) to work, and to protect the public against the possible mismanagment of the acutely hazardous material residues that may remain in unrinsed containers that are re-used, EPA is promulgating its clarification to 261.33(c) in interim final form. EPA wall accept comments on this change for 80 days and will make any further changes deemed necessary as a result of those comments. C. Effective Date Section 3010(b) of RCRA provides that EPA's hazardous waste regulations and revisions thereto take effect six months after their promulgation. The purpose of this requirement is to allow persons handling hazardous wastes sufficient lead time to prepare to comply with major new regulatory requirements. EPA CCR 000040764 78528 Federal Register / Vol. 45, No. 229 / Tuesday, November 25, 1980 / Rules and Regulations T agrees that the amendment to 261.33(c) should take effect six months after its promulgation, .he amendment will subject some people to the hazardous waste management regulations whose activities were not subject to regulation under the May 18,1980, regulations. Two classes of people may be brought under regulation for the first time by this amendment. The first class of people are those who for the first time will be' considered generators. These are people whose only hazardous wastes are container residues of acutely hazardous materials (that are discarded) from containers that are re-used. Although it was not EPA's Intent to allow these residues to go unregulated under the May 19 regulations, EPA agrees that a reasonable reading of $ 201.33(c) would so allow. Thus, the change to that section will bring some people under the hazardous waste management regulatory system for the first time as generators and these persona need time to plan to meet the regulatory, `requirements of Part 262. The other class of people affected by today's amendment are owners and operators of container cleaning facilities which receive containers which are not considered empty under new 261.7, i.e,, which hold residues of regulated acutely hazardous materials. They will, under the interpretation of { 261.33(c) discussed above, be considered treatment, storage or disposal facilities for the first time under today's amendment. The owners and operators of these facUitias will have to prepare to meet the applicable Part 265 standards, if they are eligible for interim status. Hie effective date for today's amendment to 261.33(c) is May 25, 1981. Section II of this preamble, entitled "Compliance Dates" sets forth the dates by which persons who are subject to regulation for the first time by today's amendment to | 261.33(c) or who wish to handle wastes newly regulated by today's cWjSflWkm mast notify EPA *& sotatVa asmwriwtiwd Part A permit application. Until the amendment to $ 261.33(c) is effective, the provisions of 8 261.33(c), as promulgated on May 19,1980, will remain in effect. Until the amendment to 8 201.33(c) is effective, persons handling residues of acutely hazardous materials in containers that are not discarded or intended to be discarded will not be considered subject to Part 262 through 265,122 and 124 requirements. VI. Special Small Quantity Provisions If any container is not considered empty under 261.7(b), then the hazardous waste remaining in the container is subject to full regulation unless the generator of the waste qualifies for the special requirements for hazardous waste generated by small quantity generators established in 8 Z61.5 or for one of the other special provisions in the regulations. In response to numerous comments and questions on 8 261.5, EPA has amended it in a separata rulemaking. Containers and Inner liners are no longer specifically mentioned in the amended 8 261.5 because of the change to 8 261.33(c) discussed above. Because EPA considers the residue of the acutely hazardous material, rather than the container or Inner liner, to be the hazardous waste, 8 261.5 no longer specifies a number of containers or an amount of Inner liners containing 261.33(e) residues that a small quantity generator may generate and still Come within the special requirements. See . i 261.5(c)(3) and 8 261.5(c)(4), May 19, 1980. Under amended 8 261.2, a generator with S 261.33(c) container residues is subject to full Subtitle C regulatiou if die amount of such hazardous waste residue he generates in a calendar month exceeds an exclusion level specified In 8 261.5. If the sum of all of his acutely hazardous waste, including his 8 261.33(c) residues, is less than 1 kilogram, that waste is excluded from regulation unless he generates more than 1000 kilograms of other hazardous waste in a calendar months in which case all of his acutely hazardous waste is also subject to regulation that month. If he generates more than one kilogram of acutely hazardous waste in a calendar month, including 8 261.33(c) residues, all of that hazardous waste is regulated. Container residues of other than 8 261.33(e) materials that are subject to regulation because they measure more than one inch in an individual container (see 8 261.7) must be counted toward the 1000 kilogram exclusion in 8 261.5. The preamble to the amendments to { 281-5 discusses the .' ,, application of that section in further detail. VH. Use, Re-use, Recycling and Reclamation Provisions There is an important distinction to be drawn between wastes listed in 8 261.33 and other listed wastes, with respect to the re-use provisions of the regulations. The use, re-use, recycling, and reclamation provisions Of 8 281.6 do not apply to any materials listed in 8 261.33, including container residues, because 8 261.0 only applipato hazardous waste, and materials Hated in 8 261,33 become hazardous wastesonly when they are discarded or are Intended to be discarded. Thus, these materials are not hazardous wastes f they are used, re used, recycled or reclaimed. On the other hand, hazardous waste container residues, other than those listed in 3 261.33, which are regulated because they are in containers that are not empty, i.e., which don't meet the provisions of 8 261.7(b) (1) or (2), can qualify for the special requirements in 8 261.6 just as any other hazardous waste can. VIII. Container Cleaning Operations Some persons have read the definition of treatment in 8 260.10 to encompass all container cleaning operations. ' Commenters were particularly concerned that the triple rinsing or other cleaning operations prescribed in 261.33(c) (l) and (2) constituted treatment of the hazardous waste which adhered to the container. A. Triple Rinsing Triple rinsing, a procedure sanctioned in the regulations, is carried out with the express purpose of removing the waste from the container. The usual intent is simply to remove the waste and not to treat it, and the procedure is not usually "designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize. . it Therefore, most triple rinsing does not meet the definition of treatment in Section 1004 of RCRA and 8 260.10, and is, therefore, not subject to the requirements of Parts 264 and 265. The rinsate, however, is a hazardous waste if it meets one of the characteristics or if it contains a listed waste which remains subject to regulations via the mixing rule. See 8 261.3(a)[2)(ii). Also, any treatment of the rinsate would almost certainly meet the definition of treatment in RCRA and such secondary treatment operations would be subject to the requirements of Parts 264 and 265. B. Other Forms of Container Cleaning Forms of container cleaning other fhan triple rinsing may constitute treatment because the intent and design of the operations involve not only removal of the waste from the container but also modification of the physical or chemical composition or character of the waste to render ft less hazardous or non-hazardous. This is the case where drums are incinerated or "burned out." In this case, the burning operation is designed to remove and destroy the wastes. In other cases, chemicals are added to drums, again, not only to remove the waste, but to react with the wastes and destroy or detoxify them. These processes meet the RCRA definition of "treatment" and are thus CCR 000040765 Federal Register / Vol. 45, No. 229 / Tuesday, November 25, 1980 / Rules and Regulations 78529 subject to the requirements of Parts 264 and 265. C. Facilities Which Handle Only "Empty Containers Section 261.7 clarifies that container cleaning facilities which handle only "empty" containers are not currently subject to regulation unless they generate a waste that meets one of the characteristics in Subpart D. The mixture rule 1} 2614{s)(2)(ii)) is inapplicable to any residues excluded from regulation by 261.7{a)(l}. which would be the only residues with which a facility that handles only "empty" containers would deni O. Facilities Which Handle "NonEmpty" containers Any facility that handles any "non empty" containers, i.e., containers which don't meet the definition of "empty" in 261.7(b), is managing regulated hazardous waste. If the facility is the generator of the hazardous waste, i.e, the container residue, then the small quantity generator exclusion (| 281.5) and the non-perraitted accumulation time provision ( 262.34) are available to the facility as a generator. Unless one of those provisions is applicable, though, all treatment, storage and disposal of regulated residues must bf carried out in accordance With all applicable (%rt 264 or 265 standards at a facility with a. permit or interim status. Note also that any regulated residue of a listed hazardous waste is subject to the mixture rule, so that rinse waters or solvents containing these resldueshlso are considered hazardous wastes, unless they ham bden debated hi accordance with the ptacedoere In | 260.20 and 20022. IX. Request for Comments EPA invitee comments on all aspects of the interim final amendments promulgated today and all of.the issues discussed in this preamble. The Agency is providing* 80-dy commwitperiod and will carefully consider allcomments received during that period. X. Regulatory Impacts The clarification to 264.33(a) will bring a small number of additional persons under regulation as gensrators, transporters, or owner* or operators of treatment, storage or disposal facilities. EPA is unable to estimate the number of such persons and thiscannot accurately estimate the increapedimpaots fif the clarification. *.' The effect of the promulgation of 261.7 is to reduce the overall costs, economic impact and reporting and recordkeeping impacts of EPA's hazardous waste management regulations. This is achieved by clarifying that container residues of hazardous waste, measuring an inch or less, except residues of certain acutely hazardous materials, are not subject to the regulations. The Agency is unable to estimate these cost and impact redactions. Dated: November 13.19(50. Douglas M. Castle, Administrator, For the reasons set out in the preamble, Title 40 of the Code of Federal Regulations is amended as follows: 1. Add the following new section to Part 261: 261.7 Residues of hazardous waits in empty containers. (a) (1) Any hazardous waste remaining in eidier (i) an empty container or (ii) an inner liner removed from an empty container, as defined in paragraph fb) of this section, is not subject to regulation under Parts 281 through 265, or Part 122 or 124 of this chapter or to the notification requirements of Section 3010 ofRCRA. (2) Any hazardous waste in either (1) a container that Is not empty or (ii) an inner liner removed from a container that Is qot empty, as defined is paragraph (b) of this section, Is subject to regulation under Parts Ml through 265, and Parts 122 and 124 of this chapter and to the notification requirements of Section 3010 ofRCRA. (b) (1) A container or an inner liner removed from d container that has held any hazardous waste, except a waste that is a'compressed gas or that iB identified in 261.33(c) of this chapter, is empty if: (1) all wastes have been removed that can be removed using the practices commonly employed 40 remove materials from ihgt type of container, e.g,, pouring.'jumping, and aspirating, and [IQ AO more,than 24 centimeters (one inch) of residue rensafe on the bottom of the container or inner liner. (2) A container that has held a , hazardous wttsie that is a compressed gas is empty when the pressure in the container approaches atmospheric. (3) A eontotoor r an inner liner . removed fears noont&iner that has held a hazardouSjMrastje identified In S 2fft38(c)wf fids chapter is empty ifc (i) the easterner or Inner liner has v...` ' 1 ' " *. ` been triple rinsed using a solvent capable of removing the commercial chemical product or manufacturing chemical Intermediate; (ii) the container or inner liner has been cleaned by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal; or (iii) in the case of a container, the inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container, has been removed. 2. Revise the title of 261.33 and paragraph (c) to read as follows: 761.33 Discarded commercial chemical products, off-spectflcatlon species, container residues, snd spin residues thereof. The following materials or items are hazardous wastes if and when they are discarded or intended to be discarded: ***** (c) Any residue remaining In a container or an inner liner removed from a container that has held any commercial chemical product or manufacturing chemical Intermediate having the generic name listed in paragraph (e) of this section, unless the container is empty as defined In I 261.7(b)(3) of this chapter. (Comment: Unless the residue is being beneficially used Or reused, or legitimately recycled or reclaimed; or being accumulated, stored, transported or treated prior to such use, re-use, recycling or reclamation, EPA considers the residue to be intended for discard, and thus a hazardous waste. An example of a legitimate re-use of the residue would be where the residue remains in the container and the container is used to hold the same commercial chemical product or manufacturing chemical intermediate it previously held. An example of the discard of the residue would be where the drum Is sent to a drum reconditioner who reconditions the drum but discards the residue.) 265.173 (Amended] 3. Delete the first sentence of the "Comment" to f 266.173. 262.51 (Amended] 4. Change the reference for triple rinsing in 262.51 from " 282.33(0)" to " 261.7(b)(3)." 80 3|PR Doc. - MU Fifed ll~M-eO: Ml n| MUINd CODE tSO-IMI CCR 000040766 78530 Federal Register / Vol. 45, No. 229 / Tuesday, November 25, 1980 / Rules and Regulations 40 CFR Part 261 tSWH-FRL 1680*4] Hazardous Waste Management System; Identification and Listing of Hazardous Waste agency: Environmental Protection Agency (EPA). action: Interim final amendment to rule and request for comments. summary: The Environmental Protection Agency 1b amending the hazardous___ waste management regulations (40 CFR 261.4) to provide that arsenical-treated wood or wood products which are generated by persons who utilize such treated wood or wood products for the woods' intended end ubc, and which wood constitutes hazardous waste solely because it fails the test for the characteristic of Extraction Procedure toxicity, is not subject to regulation under 40 CFR Parts 202 through 265 or Parts 122 through 124 or the requirements of Section 3010 of RCRA until the Agency's Office of Pesticide Programs has made further progress in its pending review of arsenical wood preservatives. This amendment fs being made as a result of public comments. DATES: Effective date: November 19, 1980. Comment date: The Agency will accept comments on this amendment until January 26,1981. Any person may request a hearing on this interim final rule by filing a request with John P. Lehman, whose address appears below, by December 16, I960, The request must contain the information prescribed in 260.20(d) of this chapter. addresses: Comments on this amendment should be sent to Docket Clerk, Docket No. "3001/Arsenical* Treated Wood," Office of Solid Waste (WH-585J, U.S. Environmental Protection Agency, 401M St.. SW., Washington, D C. 20460. Requests for hearing should be addressed to John P. Lehman, Director, Hazardous and Industrial Waste Division, Office of Solid Waste [WHT 565), U.S. Environmental Protection Agency, Washington, D.C. 20460. The public docket for this interim final rule is located in Room 2711. U.S. Environmental Protection Agency, 401M St.. SW., Washington, D.C. 20460. The public docket is available for viewing from 9:00 a.m. to 4:00 p.m. Monday through Friday, except legal holidays. FOR FURTHER INFORMATION CONTACT. Matthew A. Straus, Office of Solid Waste, U.S. Environmental Protection Agency, 401M St, SW., Washington, D.C. 2046a (202) 755-0167. SUPPLEMENTARY INFORMATION: Office of Pesticide Programs is I. Introduction reviewing the risks and benefits associated with the use of arsenical On May 19. I960, as part of its initial wood preservatives as part of the regulations implementing Section 3001 of Federal Insecticide, Fungicide and the Resource Conservation and Rodenticide Rebuttable Presumption Recovery Act (RCRA). the Agency Against Registration (RPAR) process. promulgated rules governing the (Arsenical wood preservatives are identification and listing of hazardous pesticides under the Federal Insecticide, wastes. Among other things, these rules Fungicide and Rodenticide Act (FIFRA) identified four characteristics of because they are applied to control fungi hazardous wastes which are to be used and termites.) The RPAR review will by all persons generating solid waste to determine whether pesticide determine if the solid waste is registrations of arsenical wood hazardous, (See 40 CFR Part 261, treatments should be modified or Subpart C.) Pursuant to 40 CFR Part 261, canceled. a solid waste is a hazardous waste if it AWPI commented that application of is not excluded by a provision of 40 CFR EPA's hazardous waste regulations to 261.4(b) and it exhibits one or more of arsenical preservative-treqted wood on the characteristics of hazardous waste November 19,1980, would have identified in Subpart C of 40 CFR Part unintended consequences. For example, 261. construction companies, utility One of the characteristics which EPA companies, end other bhyers of treated has determined makes a solid waste a wood could become generators of hazardous waste is described as hazardous waste. AWPI supported its "Extraction Procedure Toxicity" or "EP request that the Agency await the Toxicity" and appears at 40 CFR 261.24, completion of the RPAR review by In December, 197a the Agency proposed pointing out that the RPAR review the EP toxicity characteristic as a would "examine all the environmental criterion for identifying hazardous effects of the use of treated wood, waste. No comments relating to including ground and marine installation arsenical-treated wood or wood , of arsenical-treated wood, such as utility products were submitted in response to poles and pilings." AWPI contended x the proposal. In May, 1980, the Agency that the RPAR review would reveal that promulgated the EP toxicity. , ground-contact uses of arsenical-treated characteristic as a fiaidreguktion, In wood would present no environmental July, I960, approximately one and one- hazard and; consequently, that disposal half years after the initial proposal of of arsenical-treated wood by land burial the EP toxicity characteristic, the presents no hazard. American W.ood Preservers Institute (AWPI) first brought to theAgency's attention the possibility that some wood treated with arsenical-based III.Amendments to 40 CFR 2614 With Reaped to Arsenical-Treated Wood and Wood Products preservatives exhibits the characteristic The Agency does not believe that of EP toxicity and, therefore, might be implementation of RCRA regulations classified as hazardous waste when disposed of. AWPI reqqested a delay in that affect toxic chemicals that are undergoing review for possible the regulations' effective date with regulation by a program administered by respect to arsenical-treated wood. II. AWPI Comments Relating to Arsenical-Treeted Wood EPA other than the Office of Solid Waste necessarily should await the conclusion of the other program's review. In particular, the Agency AWPI has requested that the Agency believes that substantial differences in delay action to classify treated'wood as the statutory mandates of RCRA and of a hazardous waste and to ''clarify its FIFRA militate against deferring RCRA regulations to indicate that all types of - 'regulation until die completion of RPAR preserved wood, including arsenical reviews. RPAR reviews do not include treated wood, do not'constitute analyses ofwaste streams and, thus, do hazardous wastes When disposed." not relate directly to concerns about AWPl's request is boaed on two ' hazardous waste. For example, arguments: information relating to the risks (1} the method of disposing of wood associated with the use of creosote- and treated with arsenical preservatives is pentachlorophenol-based wood identical to registered uses of the preservatives would have little direct treated wood in placet-ground contact; relevance to the hazards of disposal of and (2) the Office ofSolid Waste should wastewater treatment Bludges from await the outcome of the Agency's wood preserving processes that use. Office of Pesticide Programs' pending creosote and/or pentachlorophenol. examination of wood preservatives. The These wastes are listed in 40 CFR CCR 000040767 ^p^dMa^RBgtet^/^oj^46^Jd^29j^Tuesday^ovember^5^9^^^ule^n^^eg|riation^^B531 261.32. In a separate notice, the Agency in Tact has announced that it will not wait um,i the completion of the RPAR review of wood preservertives before proceeding with regulation of these wastes under RCRA. 45 FR 74885, 74888- 89 (November 12,1980). The Agency recognizes, however, that in unusual instances It may be appropriate to defer action under RCRA whllejlPAR reviews are generating information. The Agency agrees with AWP1 that theRPAR review of wood preservatives could provide meaningful Information with respect to the rinks pretested by disposal of arsenloai-treated tebod and that it is appropriate for the Agency to defer temporarily the full Impact of characterizing arsenical-treated wood as a hazardous wasteuntjl the pending RPAR review has progressed farther: As AWPI has pointed out, gfound-contact uses of arsenical-treated wood present risks similar to the risks associated with land burial, of discarded arsenicaltreated wood. Therefore, the RPAR review; whidh will arihlyzeto stone extent the risks associated with ground- contact uses of arsenical-treated wood, is likely to produce information directly relevant to the risk assdilatedwith disposal of arsenical-treated wood by land burial. In addition, the RPAR review may provide guidance with respect to waste management procedures which might he specifically appropriate to disposal of arsenlcal- eteamfwopd. Although the Agency bpBeype.jt appropriate to await furaer progress of the RPAR review of wood preservatives before making Subtitle C requirements completely applicable to disposal of arsenical-treated wood, the Agency believes that Subtitle C requirements should apply immadlgtply.Jo qtggnidalcontaining wood wastes such aawaates generated by sawmills or by facilities at which arsenical preservatives are applied to wood. These arsenicaltreated wood wastes are likely to be generated and managed in larger, more concentrated quantities than wastes generated by ultimate users of arsenicaltreated wood. Moreover, these generators-' wastes mlgnt.be fop fona-- such as sawdust--which presents risks dissimilar to those which the RR^R review will analyze. In addition, ' disposal of freshly-treated wood by sawmills or processors is likely to present greater hazards than wood which has, bean treated yegreprior to use and disposal. For these reasons, today's action provides a temporary exclusion from Subtitle C only for arsenical-treated wood wastes generated by persone who utilize such treated wood or wood products for the woods' intended end use. For the reasons set forth above, the Agencyhas decided to defer, for an estimated three to six-month period, applying RCRA Subtitle C requirements to discarded arsenical-treated wood or wood products following these materials' Intended end use. It should be noted, however, that the decision to await further progress of the RPAR review does not signify that discarded arsenical-treated wood and wood products will be excluded permanently from ail Subtitle C requirements if the Agency's Office of Pesticide Programs determines that certain ground uses of arsenical wood preservatives do not present unreasonable risks. Such a determination under FIFRA does not necessarily mean that the pesticide is not hazardous; it may mean that the . economic benefits of a pesticide are great enough that the risk should be tolerated. This conclusion--ifit is reached by the Agency's Cfftee of Pesticide Programs--would not necessarily indicate that the disposal of arsenical-treated wood at the expiration of its usefoliifo should not be subject to safeguards Imposed under RCRA. IV. Interim Final Promulgation This temporary exclusion from Subtitle.C requirements is being promulgated in Interim final form. Thus, discardedarsenlcal-treated wood or wood products following these materials' intended end use is no longer subject to Subtitle C requirements on the basis of the arsenical treatments. This amendment is final for purposes of the 90-day petition deadline under Section 7006 of RCRA. The Agency, however, is soliciting comments on the amendment. The Agency is making this amendment effective immediately because public comment has been submitted attd becouse delay in promulgatiAg the temporary exclusion could cause significant harm to the regulated cofftmunity. Since it was public comment which prompted the Agency to promulgate this amendment, the policy underlying solicitation of comments prior to the effectiveness of regulations has been substantially satisfied. The purpose of the temporary exclusion is to defer imposing the full Subtitle C requirements for only a tew months to await further development of pertinent information. During this period, the njoet likely sources of possib&frA&rH-Muititles- ajieh as sawmills--wUfbe subject to Subtitle C. Thus, the Agency believes that there will be sufficient protection of public health. Accordingly, good cause exists for adopting this regulation in interim final form (see 5 U.S.C. | 553(b)(B)). V. Solicitation of Public Comments The Agency invites further public comments with respect to any aspect to today's action. In particular, the Agency wquld welcome comments relevant to the following Issues: 1. What percentage of these wastes fail the test for the characteristic of EP toxicity? Do any particular types of arsenioal-treated wood products fail more that others? What are the results of particular EP toxicity tests for arsencial-treated wood products? (These data should be currently available, in light of generators' obligations under 40 CFR S 262J1 to determine whether their waste is hazardous.)1 2. What are the usual disposal practices for these wastes? What percentage of this material is reused, what are the types of reuses, and what percentage of reuses constitute direct land application 0f the material? 3. How many generators which are not subject to the small generator exclusion (40 CFR 281.5) would become generators of hazardous waste but for the promulgation of today's exclusion? What is the volume of waste that they generate? 4. What modifications, if any, in the waBte management standards established in 40 CFR Part 284 and 40 CFR Part 285 should be made if the Agency were to conclude that the disposal of arsenical-treated wood by all generators should be subject to regulation under Subtitle C? Dated; November 19,1980. Douglas M. Cottle, Administrator, Title 40 CFR Part 261 amended as follows; 1. In 5 281.4, Exclusions, add the following paragraph (b)(8): {261.4 [Amended] (b) * * * (8} Solid waste which consists of discarded wood or wood producta which fails the test for the characteristic of EP toxicity and which is not a hazardous waste for any other reason if the waste is generated by persona who utilize the arsenical-treated wood and ' Today'* action, of count, doo* sot exouao gsnanton ot thasf wsaMt from Ibair pant obligation to detwtatoa If theU witfe* are baxardoua and. to tha cate of large quantity generator*, to have notified the Agency aa of August lAlssa CCft 000040 768 78532 Federal Register / Vol 48, No. 229 / Tuesday, November 25, 1980 / Rule* and Regulations wood product* for these materials' Intended end use. .1 11(FK Doc. W-MM `'Hid -M-W, S am| biluno CODE sso-*w ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 261 [SWH-FRL 1681-7] Hazardous Waste Management System: Identification and listing of Hazardous Waste AOGMCv: U.S. Environmental Protection Agency. ACnow: Final rule. SUMMAStv: T1>e Environmental Protection Agency is today finalizing'its lists of commercial chemical products, off, specification productt, and intermediates that when disposed o are considered to be hazardous wastes (40 CFR 261-33). These lists were initially promulgated in interim final form on May is, 1980 (45 FR 33124- 33127). In addition, the Agency is ' deleting ethylenediamina (Hazardous Waste Mo. P053), Nnitrosodiphenylamfoe (Hazardous Waste No. P083), oleyl alcohol condensed with 2 moles of ethylene oxide (Hazardous Waste No. FOBS), 1,2propenedioi (Hazardous WasteNo. P100), and chhmodKbtDmaiaaShane (Hazardous Waste Nos. UMp and UOBS) from the list of geoericafiy-Mined chemicals in i 261.33 (e) and (i). and making a number of technical changes in the listing descriptions of other listed, generically-naraed chemicals. Appendix VIII of Part 261 is being amended to reflect these deletions, and to add one compound whose name was omitted. The Agency also is removing all trade names from the lists of { 281,88 (e) and (f), but clarifying that the scope of I 261.33 (e] and (f) includes in addition to the commercially pure grades of the chemicals, all technical grades, and all formulated products in which the listed chemical is the sole active ingredient. Finally, the Agency is responding to certain questions regarding the interpretation of { 261.33, and indicating that additional questions will be answered in a forthcoming Regulatory Interpretation Memoranda (RIM). DATES Effective Date:Novetnber 19, 1980. However, persons handling materials covered by this regulation which are formulated products in which a listed chemical is the vole active ingredient and who have noryet notified the Agency due to a misunderstanding of the scope of the listings must do so by February 23,1980. Facilities managing such wastes still may qualify for interim status if they submit a Part A permit application by May 28,1981 (or. in the case of facilities which already have applied to manage other identified or listed hazardous wastes, if they submit an amended Port A application by that date). Interim status standards for all such facilities become affective op May 25.1981. Awniuir The public docket for this regulation is fooled in Room 2711, U.S. Environmental Protection Agency, 401M St. SW,, Washington, D.C 2940% and is available for viewing from 9a.m. to 4 p.m. Monday through Friday, exsluding holidays. FOn fURTHea MflONMVlOWeONTACK For general inhumation, contact David Friedman, Office ofSolid Waste. U.S. Environmental Protection Agency, 401M Street. SW- Washington, D.C 20480, (202) 755-9897. For infonnatfonln implementation contact Region I--Denis Hoebner, Chief, Waste Management Branch, John F. Kennedy Building, Bosten, Massachusetts 02203, (017) 223-5777. Region II--Dr. Ernest Regna, Chief, Solid Waste Branch, 89 Federal Plaza, New York,New York 10007, (212) 289-960*/ 5. ' Region HI--Robert L. Alien. Cbfof, Hazardous MaterialsBranch, Oth end Walnut Streets, Philadelphia. Pennsylvania 191OB, (215) 587-09801 Region IV--James Scarbrough, Chiet Residual* hfaaagemant Branch. MS Coredand Street ME. Atlanta, Georgia 80365, (404) 881-3018. Region V--Ksri J. Klepiteqh. Jr. Chie Waste Management Branch, 230 South Dearborn Street, Chicago, Illinois 00604, (312) 866-9148. Region VI--R. Stan Jorgensen, Chie Solid Waste Brandi. 1201 Eha Street, First International Building. Dallas. Texas 75270, (214) 797-2645. Region VII--Robert L. Morby, Ghtet Hazardous Materials Branch. 324 E. 11th Street, Kansas City. Missouri 64100, (816) 374-3307. Region VIII--Lawrence P. Cazda, Chief, Waste ManagementBranch, 1890 Lincoln Street, Denver, Colorado 80203, (303) 837-2221. Region IX--Arnold R. Den. Chief. Hazardous Material* Branch. 215 Fremont Street Sen Fraudgeo. California 94105. (415) 558-4906. Region X--Kenneth P. Feigner, Chiet Waste Management Branch, 1200 6th Avenue, Seattle, Washington 98101, (206)442-1260. 8UFFWWNTAWY WiFOMMATION: On May 19,1980. as part of its final ami interim final regulations implementing Section 3001 of RCRA. the Agency promulgated as 1281.33 of the regulations a list of 361 commerdal chemical products or manufacturing chemical intermediates which are hazardous wastes if they are discarded or intended to be discarded. 145 FR 33124-33127.) Section 281.33 also lists as hazardous wastes offspecification variants and the residues and debris from the cfoan-up of spills of there 391 chemicals, if discarded or intended to be discarded ({ 281.33 (b) and (dj). Finally, 26193 lists as hazardous wastes the containers and inner liners of containers that have held 122 of there chemicals (those listed in paragraph (e)). if they ere discarded or intended to be discarded, unless they have bean triple rinsed with an appropriate solvent or have been decontaminated in an equivalent manner. (| 26193(c).) The reguleUan also covers materials not specifically fisted by name, so long as they "have the generic name listed in paragraphs (e) or (fj...(i 261.33 (a), (b). (c), and (d).) The Agency received a large number of comments on this regulation. The commentg for the most pert challenged the Agencyls derision to fist particular substances as hazardous wastes. Some questions also were raised regarding the scope of the regulation, particularly with respect to trade products containing a fisted chanlflal nut not specifically listed themselves. Comments alio were submitted concerning foe difficulty of determining the chemical constituents of unlisted trade name products. Finally, many questions have been received regarding the interpretation of 5 261.33. We ate sotting forth in this preamble our disposition of all fittings of particular substances, and a summary of the basis for our decision.1 We also are clarifying the scope of coverage of trade products, and providing guidance as to now to determine whether a given tradename product is regulated under this section. We else ere responding to certain of the interpretative questions raised regarding 1261.33. Additional questions wifi be answered in a forthcoming Regulatory interpretation Memoranda (RIM). 'W* ikiMM Mtoattag the appropriate owifrniilifrei te uni teAn*wtoVmFwt 281. - CCR 000040769 Federal Raglter / Vol. 48, No. 229 / Tuesday, November 25,1980 / Rules and Regulations 78533 I. FlnaUzaHon ot CtwnicMl Product Names In 5 261.33 () and </) A. The changei made in response to comment* on tpecifia listing* are described summarily below. More detailed explanations are contal:. ,d in the revised Background Document EPA hazardous mats No. POiriend U160. POES, POM... Compound name Action uksn Reason Mutanone peroxide (Mastyl ethyl katona perotdde) Datatad from 1261.33(a). Remeine In f 261.33(1). 2-Butanone parotide and methyl ethyl ketone perox- Added (R) designation, Ida, synonym* (or tha same compound, were mis takenly included In both tha {261.33 (a) and (1) lists. Tha compound doe* not meet the criteria tor listing as an acutely hazardous waste. Howev er, tha compound's oral (rat) LD50 of 484 mg/kg quakfie* M for continued Inclusion In {261.33(1). Moreover, tha compouid w reactive, smca It an oxidizer. 1-<p-Ctiiorobenzoy1)-6-metticocy-2-aiethy*ndc>te-3- Moved (tom {261 .33(a) to 1261 .33(0 - -------Alter evaluating the data supplied by the commenter which indicated that the comet oral (rat) LDSO value (or the subject compound (alto known as Indomathacm) M 1100 mg/Kg, not the died 12 mg/Kg, the Agency concluded Wat waste docs not pose an acute hazard. However, since the Agency'* Carcinogen Assessment group has concluded that substantial evidence ot cardno- gandty atista (or Indomathadn, the waste wM Cysnogan bromide.. Moved tram 1261.33(a) to 1261.33(f) . remain Mad under 1261.33(f) aa U24S. ........ The LC60 value cited In the May teth Sackground Oocumant was moorreck According to new rials, the compound dose not mast the orMarla tor Hat ing aa an acutely totio waste. However, oyanogan bromides Inhalation (rat) LDSO 01 4.36 mg/l/tv-- orVy sightly leeo totic than the standard lor an acutely hazaidoua wants quakflai s tor tickmon as a ttazaidoua waste, it Ihua remeSa toted raider { 26133(f) aa U246. C add [2,4-01.. Moved from |k?133(e) to (26133(1) and toting fle-ovaluatlon of SUa Hating Hi Ight of data received derided. during die comment period Indicates that the compound does not meat criteria for listing as an acuta hazard. Since the tatidty of 2.4-0 a we* recognized (lor example, H la a National Inter im Primaiy Drinking Water Standard podutsnt), Sis compound la Sated aa a hazardous waste istdar 1261.33ft) as U240, Tha active pesticide (C^MCWCH/X moiety) a merketed cammeroMy In a number ot domical P662. P063 *061 i Moved Ham 1261J3(a) to 1261.33(1) *079............. . Hatdgen psmdde......................... ...... .... .... Deleted. P(M3___ ___________ ___________ fMMoriodphsnyiamine-------------------------------------- Deleted. been dtutPed by expddSy Indudkig 2,4-0* salt* and eaten. Listing di*ilicatedPi01 HeHng. LDLo value cried m the May 1&th Background Docu ment was incorrect. New dels indicates that the oompound la unlikely to pose a substantial hazard to human health or tha snvtonmant even It the waste a mtimanaged. ao the waste Swatore has bean delated Irom 1261.33. Tha LCW valua ctlad In die May ipth Baskground Odotanant was mooned, According to new data, tha oompound doss not mast the criteria tot SMmg aa an acutely tmac waste, However, hexacchloteprepene* Inhalation (rat) LC60 cl 3.4 mg/l/hr--only slightly lass toxic Van the standard tor an acutely hazardous waste mislSee It lor ridueton as a hazardous waste. It thus ramama Hated under 1261.33(1) as U343. Listing duplicated POTS Sating. The LDSO vahti cried hi the May 10th Background Document was inoonacL No Information a pres P066. Oleyl elcobol oondeneed wM 2 mdse ot ethylene Delated. ently eve*stale which shows that me waste poses * tignrilcarri threat to human haaWi or tha envi ronment even It H was mismanaged and there fore has bean deleted from 1261.33. The LD60 value cried Hi the May 12th BlcXground Document urns mconacL Now data Hicbcatea that tha oompotmd la unkbeiy to pose a slgnlllcant throat to Ixxnen health or the environment even 4 the waste la miamanagad. This oonelualon ti aup, ported by the decision or the Food A Drug Admcv POgO. Bentechtoraphenol. Moved from 1361.33(e)to {36133(f).... IstraSon to permit the use ot this oompound aa an Indkeet food addlSire. tha Agency has conducted that pentacNorophenol does not meat tha criteria tar in acutely hazaidoua waste (sea IMkig Background Docu ment lor Wood Preserving, response to com ments, November tgso) However. Be totidty I* ^^1 IMWwtori BWl Hi* ledHt* will - - * ktoali P100...--,--,-------- ----- ---. 1J-Ficpeoedol ............................ .... Deleted-- undar | M1hS3(0 US4A. ........... ....... ........................... --.-- The LD60 vekie cited Hi the May ISSi Becrigmutd Document wst mconect New dele indcatee that ttie compound le unlikely to pose * dgnMcant hszstd to either human hasISi cr the environment , . even the.waste a Uipraperiy managed. Uto de cision a Anther eiaported by the Food 6 Drug AdmHeuatlon'e approval pi this compound as a dried toodedcSbve. CCR 000040770 78534 Fadaral RegUter / Vol 45, No. 229 / Tuesday, November 25,1900 / Rules and Regulations I. fttopfizaPon of Chmnkmt Product Afeowf to | .PSIM (*> end (/>--Continued A. The chungtia mad* in raapunse ta aonunanU on specific lifting* an deecrlbed summarily below. Mora detailed explanation* are contained in tho ruvisttd Background Document. EPA hazardous wen* No. Compound name Action taken PUT.................. Mevod two 12*1JAM to *tr.wt , I to Otodty to* specific mm b UO40 and OOM-------------- - I end Dfcromoehtoroffleinane Datotad.... ......... ................. 0100... U104... til**- i OkwsHntidtreeamlne.. tAOPPvI'd"*---- Oalatad 0) daaignation.. . Datotad.................................... . CeaagadtoiiiidaaiorMMn. tiifliuiar_ OdnaiM*^.. Changed to (I) daaignation .... Changed to p-bdnzpquiaon*~ Aoootdtoa to The NIOSH "Registry 01 Tons Ettocta ot Chemical Subatancaa'1, thkjratn la a aynonytn lor braldtmetbyithtocarbamoyl) dtouWd*. Cornmanta war* racaarod which Indlcatad that other compound* war* *l*o known a* "thlurama". Wb hew accordingly changed the llatlng thluram1' to clarify that the Intended compound ta "toatomethytthlocaitiamoyl) toeulfide". Socorxfy, the LDCo data cited to the May igtn nackgrouxl Oocudiani ana Incorrect According to new data, th* mat* doe* not meat the standard (or an acutely hazardous waste. Howev er. braldtmethy+thlocaroemoyl) dtautnde'a tynargto- ue action With alcohol could poee a eubatanttol hazard to human health a th* west* waa misman aged and, aa a raault. contammatod drinking water. Thus th* compound has been Mad to *261.33(1) a* U244. After reevaluating the available environmental and tomnokycW Information. tha Agency ha* conclud ed that the tnlormetton ta not candualv* anough to luadfy ratalntog th* listing. Pending recap! of additional data, tha wasta has bean removed from tocfualon under 1261.33. Mistakenly included. Chloroform doe* not have a ftoah point below 60'C. Aeutoly toxic end temetoe Hated ss P062 Acutely toxic end remalnt listed ss P046. Atosr eonatoedng the oomnant* received, th* Agency has concluded that It has toauffletont informstion to juatlfy listing methanol p- tonctty However, since It ha* a tlaah point of 11'C, it will remain Hated under 1261.33(1) a* an Igndabts , Attar conaldanng tha comment* raoehrad, tha Agency has concluded that It has Inautflctont toformation to luatdy Hating methyl laobutyt kstona lor toxicity. However, atooa x ha* a Hash point of 22.8'C, a wHI remain Hand undar 12*1.33(1). Aa tha May tgth Background Document todtoatod, tha Agency's avaHabto todcotogicai data mtsned to p-Oenxoqunona only. Tha original listtog ot `OtomataP' dm was ovestoduska. Vtto an scfdtogly kewslng th* Hating dsscrtpttoo. Append* A to the May 1th Hsttog Background Document feds sseocmtsd with p-oenzorasnon*. U202_--------------------------------------Tsci:Mito--------------------,--------------------- .,---------------Added to Hating "... and esfls."--------------------------- The May 19th Beokpound Document was Intended to Include both the parent and Ha salts, smca aoaaito aammnmia) uaa deludes (ami to tonsi to InckJda) both forms. In Hght of Htto'common wage, ny do not batlav* that any none* and U226___________ U23S.________ r.. U**8~ I Datotad______ _____ ______ listing description modified. changed to (I) designation. Tha arvananta that aaochahn to not camtoogenk: were not dasmed patiuaskra anough by to* Agency to warrant datoaon bom 1261.33 tot That aecchann poses a stgnHicaat caKPsgsnto hazard is amply demonstrated by the wintopi toal an acquired by toe Food & Bug AdeMsbaoa to appear on any toed to wtoch saototarto to Listing duplicated U121 Hating. Tha ortgktsH Hating of urothane has bean changed to road "ethyl carbamate (urethan)" to vxkcale more ctoarty toat Hi* Hating does not talar to anhar too pabanam oommookr known a* "pofyuiasnanas" or toaepfLumuis. Xylene was mtetaklngiy totod aa totoc Inataad ot aa Ignitabto. While xylene doe* not appear to pose a tuffletont toxicity hazard for Hating at a toxic wasta, at the May tBth Backpound Document Indtostod, xylene to an igntobl* weal* due to its flash point ot 27*c, a In addition to the above changes made in response to comments* the following changes* described summarily below* have been made as a result of the Agency's review of the interim final regulations. ms FOOD PQ55. Compound nama Undiasi jFospaMo< 'Action t&kon Added (DMWgnition. Cyankto Hit mixtures not otoarwtoe specified_____ ModMed Hstlng description FtottoeyviM*--------------------------------------------------- Datotad Reason In adtlHon to its reactivity toward water (todtoatod to the May isto Background Document), toe weal* to atoo acutely toxic bacauea ot He toxicity. The (T) daaignation had bean omitted toadvenenlly. QaHy th* meaning ot to* term "cyanide*'' to Hght at comment which todtoatod that toe Hsttog might be mtoundemuod, LtoHng dupHcatod P030 Hsttog. CCR 000040771 Federal Register l Vol. 48, No, 228 / Tuaaday, November 25,1980 / Rules and Regulations 78535 I. FmaUzttion of Chamkal Product Nomao in g 261.33 (*) and (A--Continued PA P055. Mmtoele Added <R) designation.. P0*0------------------------------------ _ Nkrogen totradde --------.---------------- ------------------ Dented..............................-- P0S1----------------------------------- PhaaytdkMpratostoe--------------------------------- ----- Deleted.......... ..................... P097_______________________ PboeatiaMMals odd, 0.O4metoyi eater. Q-eetar Listing corrected.--------------- wWMHUiyiliWiy *W---W---W----W--i,iJyfgcinuBiwUp>^ .................................. .. ----------------------------- ----------,, Chtngad to (R) daatonatfon. Tha (R) davgntttfon was omitted inadvertently. While mercury fuAmtnate it toxic (aa the May 19th Background Document point* out), it ia af*o acutely hazardoua becauae of mercury fuhmnatt't propartiaa. .... Ltottig dupkceted Pore Mating. .... uattng dupttoated P036 hating. -- The Agency had mistakenly Hated this compound. It doe* not exist The correct compound ia MPho*~ phorothloic add. O.O-dimethyt 0-[p-*m*thyiamino)^ulfony()phen^) eater." -- The <R) designation was medvertendy omitted. While tetnrttromettwv* is toxic (as the Mey 19th Background Document points out). II b acutely hazardous because of tetranttromethane's axpto- U001..., UQD6.... Acetetdahydi t.e-PpWJJH* HK. Changed to (>) designation .l,____ Added (fl) designation. U012_____________________ ..._____________________________ ___ -- Addad(T)dealpiatkin..................................... .... U019............................................... BHW-______________ ___ ___;____________ Added (I) designation--------------U033------- ------- ------------------- Cerbooyt (kwido------------------------------------ ---------- ------- Added (R) daafgnaDon....... ....... U054Creaytk: add------------------------ ---------------------------- Datoted.........._.....................-- U055_____ -Curnm^,..........................................................................................--___ Changed to (I) deeignetlon------ tJOM--------------------------------- M-dlcbloi>2-butane.--___________ _____ Added (I) detonation USDS.--............................. ........... 1,3,4dlepoWbU<3ne._--____ .........-............-- Listing canactad__________ ___ UtIT.-- ------------------------------- Ethyl ethdr ___; .............. .................... Changed to (I) dealgnaden------ IHtffl ...... Added (I) designation U152____ piM . U19S.___ . MsfliyUMafOflaibonatai.............. _ Added (I)__ ________ Added (I) designebon. DIM------- --------------...----- ,.T--. UedylAwfaHfttata.------- ---- ----------------- Added (t) designation U17S----------------------------------------N-Nfroooilns*opt4aniine_________ ____ TM,,___Deleted............ _____________________ U194----------------- - -------------- nPropytanloe--------------------- ---------- ,,--;__________ Added (T) detignatton___ _ 1021---------------- Tokionar disgcyaeiee------------------------------- ,--,----------*-- Added (R) designation. U24-------------------- :------------------- Texaphpnj--,,-----------!-------------------------- Moved (ran I 231-33(f) to 1231.33(a). .--------------- TNa compound doaa not poeo a auffidant hazard lor dating becauae ot toncKy. However, ecateldohyde't (Men point o( -37J-C deseee h as a hatardoua waala by raaaen o( IgnltabKty. The reactivity derignaUon wee mletakanly omitted Iran the listing, although the May teth Back, ground Document chad reactivity aa a raaaon tor hating. ................. In addition to anthne'. Ignitable properties, It a eito tone with an oral (rat) LDSO of 440 mg/kg (Merck Index). --------------- Aa well a* being todc. ttha compound la highly demntebie <10-12*C). (Merck Index.) --------------- In adMante carbonyl Ituedde'e kale prapartiee. at the May 19th Background Decuman! totocates, it also pose, a hazard due to he reactivity. --------------- listing duplicated U052 hs2. ?, which now reads creaai and craaytlc acid. --------------- TNa oompomd does not pose a sufficient hazard lor listing becausa of toidchy. However, cumene poses an Ignhablhty hazard due to Ha hash point 0(44-0. ......------- -- A reiriaw of the literature indicatad that aa wan aa being toxic, this compound la highly hammabls (hash peak of 27*C). Ctarittcabon, prefix omitted by mistake. --------------- This compotaid does not pose a sufficient hazard lor listing because of toxlchy. However, ethyl ethers flash paint m -45*C classified K as an ignkabie waste ....--.......... This tgnltabwty designation was mletakanly omitted. Aa the POOS Listing nckcated, the was posses e flesh pgM of 2S*C, (See dlscusakyi in section i, C. of this preamble.) ............ -- As we ss being toxic, tfsi oompoovd le highly flam- rnebie (irC). ........ -...... As we* as bang tdxlc, ttSa compound Is highly flam- mabla(-ia`C). This deeignebon wee mlatakenly omitsad although the May 10th Background Doounerri Indlceted that the waste presents a hazard due to tgnha<bMty. The waete In root has a flash point of 12*C. ------------ This designation was mistakenly omitted from the regulation, although the May 19th Background Document indicates that the compound is Ignit able. The watte, In fed possesses a flaah point otlO-C. --------------- listing djpkcatsd U111 Dating .................. The toxic designation wee emitted mistakenly. Fur- flier ffieepeafon la contained In section l C. of out preamble. --------------- At wafl aa being toxic, this eompouid la highly reac tive. Saa dtacuaelon to 2. C. of thM proamble. --------------- Malarial hat an oral (rat) LOGO of 40 mg/Kg: thus masting the standards for an aoutety hazardous waste; Its new hazardous waste number la Pi 23. C, Several comment* were received which arguad against the listing of a specific compound but were Judged by the Agency to be nonperauaslve. Thee* oommenta are sumraertMd hnfcrw niong with the reason for our decision to retain the chemical in the 5 261.33 lists. EPA hazardous PO ss---------------- Fluorine,....... _______ .____------------------ --------------------------------------- TNa shamlcal was Sated aa Mended. The hazardoua material la flourins. the diatomic L mdaoOa Ffc not tfn potytsicfear aromatic "ftuorana" dtacunad Si tha commont . Stooa flourins has a tapoiiad tohaUbon (human) TCLo of .00035 mg/l/hr, wNch .faita a*f*n the tandwda tarenecuMy hazardous wester s wID lamato Satod under . . j. 1 .. . 12it.33(al PI07--------------------.................... ekontbsh ffiStda, I .............. ...... .......... .... ...... .... .......................... Whee the Oraf pal) 1050 data chad to tha May t9th Background Document wet tocon reel, toe oonaot oral flunan) TCLo data which was cried by na conwnaraai--so mgt Kg (Ladsr Iran Chamdal Producti Corp.. dated August te. tSSOI--oonkrms lha aeanoy* oriWWciasriflcaiSon of tola watte aaaoaiafyftozuriiiu* CCR 000040772 78536 Fedoral Register / Voi. 45, No. 229 / Tuesday, November 25,1960 / Rules end Rrv ( PA hezwdous wsi# No IHMIf U090...... U037. J07S. uoeo. U102 and U107 ... U121. U140. U184, uiea. 0194. U207. U212. U220. u223^.._...!. Compound name treason Acrylamide..........................-................ .......................... ,--........... -- Th* Agency admit* that Ihe ttoaith mkJ t wfioonwruai fttfwna porn* (or aoryfemwi* wu unavafiaDl* (or comment whan (he regulations war* promulgated. However, the Agency strongly believes that sufficient information on th* toxicity/carcinogenicity of this Compound was presented in the listing Background Document for waste K014 to support the continued inclusion of acryfamid* under $ 261 33 4-Bromophenyl phenyl ether.................................................................. The commenter claims that this compound is not in commencal use. Pending verifica tion of me dawn the Compound wifi remain listed under f 261.33. Chlorobenzene......................................................... As wss discussed m the Heetth and Environmental Effects Profits cited m the May 19th Background Document, chlorobenzene it absorbed from the gastrointestinal tract and is in part metabolized to Chlorinated phenols. Arthough ns acute toxicity n not very high, many chronic effects have been noted. Continued administration at tow doses inhibits red blood cefi formation, induces eosmophiha. and chromosome changes m the rat. Decreased spermatogenesis and other gonadal affects were also noted ft male dogs and in femala rata exposed to low doses Chiorooenzene has also been found to be mutagenic m certain short term bioassays DtchtorodMuoromethane.^,.-------------Commenter dkJ not present any data to argue against the continued listing of dichlorodffluocomethane and the waste thus w4 remam ksied. It should be noted that the Agency's overmfrig concern with this compound, as with all chlorinated fluorocar bon* relates to the fact mat chlorinated fluorocarbons may ykrecdy cause skin cancer by depletion of the atratopheric ozone. For further information, the reader is referred to the Listing Background Document "Spent Hatogenated and Non-Hetoge- nated Solvents and Still Bottoms/Sludges From The Recovery Of Theme Solvents." Dichioromethane................. ........................... The Agency disagrees with the comment that dichioromethane does not pose a hazard if mismanged. Although the NCt sponsored bioassy ttutSee have not been complet ed. EPA has found suggestive evidence of Ns caremogenaty. Therefore, while the Agency is revising me Background Document to indicate that dichioromethane is only a suspect carcinogen, N cannot ignore thi* preliminary finding pwticuiariy in litfrt of the large quantity of thta material in use and me Nkeiihood of ns being discarded. For furihor information the reader is referred to the Listing Background Document "Spent Hslogenated end Non-Hatoganated Solvents end the Still Bottoms/Sludgee From the Recovery of these Solvent*** Dimethyl phfhaiate (U102) and Di-n-ootyt phthalete --------------------- While these compounds are not acutely toxic to man. they nave been found to be tera- (U107). togenic in rat* causing fetal resorbtion, gross abnormalities, and decreased fetal weight Dfmethlyt phthaiate is mutagenic in microbial assay systems. In addition, a recent report (Water Quality Criteria Document: Phthaiate Esters. NTIS PB no. si* 117790) Indicated that neurotonic effects have been observed in workers exposed to mixtures of phthaiate* Fkxxotrichloromethene............................... . Fluorotrichtoromemane has been fisted bocauee of the danger tt poses to the earth's ozone layer and thus its removal from ma Net of toxic chemicals under f 307 of the Clean Water Act is not germane to the reason k was listed as a hazardous waste. Isobutyt Alcohol..TM.---------............................ ........... The Hearth and Environmental Effects Profits cited m the May 19. 1990 Backpound Document (Appendix A of the Listing Background Document) discusses and supports the listing of mis waste es toxic. More tpeciflciaJIy. oral administration in rats of rela tively high concentration* of this substance resisted in biochemical and htootogic Mr changes. Liver enreinomaa and sareomaa aa well as myeloid leukemia have also been produced In this specie* AddiOonafiy. this compound short also have bean Rated esignrtabla in J 291.33(f), smee the May 19.1990 Rsbng of wests F00$ deafly Indicates that the compound Is ignrtabte. The waste, m tact, possesses a Rash point 29*C. Isobutyt alcohol also will be added to Appendix Vlt of Part 291, from which It was omitted inadvertently. Pentachloroethane................... ....................................................... Contrary to claims of the commenter. a Hearth and Environmental Effects Profile for tha compound was published (Appendbc A of $$261.31 and 261.32 Listing Back ground Document* pp, 435-493. According to bus profile, release of pentachioroebv ene to the environment posse a potential hazard to aquatic ecosystems. For exanv pie, secortfng to the recent Water Quality Criteria Document (US. EPA, Ambient Water Quality Criteria: Chlorinated Ethane* EPA 440/5-90-029. October I960.), the maximum concentration that can be present In svfeoe waters without danger to the exoeystem is 38-97 mg/l. Pentachloroethane also is bioeccumulatkre, a futiw reason for Ns continued Rating. phenol................................................. ..... ,,,,,,.... ...... . .......................... The Agency Strongly disagrees with the comment thst mismanagement of waste phenol does noi pose a heard to human health. While the carcinogenicity of phenol has not been firmly established, both fiver and kidney damage to humane nN reeuft from chrome exposure to phenol wffh death a potential consequence, in addition, th* acute toxicity of phenol results in central nervous system depression wNh symptoms severe enough to earn phenol a toxicity rating erf 'High* m Sax (Atngerous Aqwrwr of Industrial MatOntiS, Fifth Edition, 1979, Van Nostrand Retnhrt Cx New Vert This standard reference indteate* that "death or permanent injury may eecw Are to n-Propytomine. Tetrsdtiorobenzene. 2.3,4,9-TatracWoropbenol ................. .......... Toluene........ Toman* dRsoeypnet* under f 291.33(f). While the commentei bofievee that comports, such as bus cm* hevmg an oral fraf) LD50 of 570 mg/kg Sr* not tcao* the Agency dusyea. Other standard sources Sup port the Agency's viewport* For example, "Onicai Toxicology of Commaraiaf ProtF urea". (3rd ed.) consider* compounds which have an oral LD50 (aa determined using rats) rtt the range of 500 mg/kg to 5000 mQ/kg to be toxic to modsratety tadc: how < ever. N should be noted that this compound is at the higher end of the range and would tend to be considered toxic rather than moderately toxic. The Hearth and Environmental Effects Profit* cited m the May 19th Backgound Docth mere tfiecussos and supports the Rating of ail waste commercial chlorinated benzene* Among the specific toxic effects of tatrachlorobenten# are N* aquatic toxicity (14 5 pg/l) and txoconoanrtstfon factor (1900X). Sinoe the commenter dU not pres ent any specific evidence or reasons for the Agency not to list tebachtorobenzene as a hazardous waste, It wifi remain listed under $ 261.33(0. As stated in the Health Effects Profile for bus compound, 2.3.4,9-TetracMorophenol e fetotoxic rti rats, and inhibits both carbohydrate metabortem and the liver oxidase system. It also is btoaccumulatfve (btoeccumUibon factor noo). EPA has estab lished 1 jtg/l as the ambient water quafty criterion based on organoleptic effect* 440 fig/l was established for the protection at aquatic we While toluene has a relatively low acute toxicity (oral [rat] LDSO of 6000 mg/Kg), aa described rti the cited Hearth and Environmental Effects Profile, low level dvonic ex posure to toluene has caused chromosome damage m humans end has led to the development of neuro-muacutar dborders. Toluene has alto reported to cause repro ductive prcbleme to female workers during occupational exposure. The Agency behaves that toluene dHaocyanete (TDi) short continue to be listed as a hazardous waste when discarded. TDI expoere# produces respiratory sensitization, end decreased tong function. Exposure to high concentrations can result In pulmon ary edema and death. Additionally, the reaction of free isocyanate groups with water usually occurs very rapidly, la exothermic, and results m a poaaibly explosive release CCR 000040773 Fedora! Register / Vol. 45, No. 229 / Tuesday. Novombor 25, 1AOO / Rules and Regulation* 78537 EPA hbzDnXiufe w*At No. Compound rmm Action takon a--or of tonic end potentially naidnotanio aromatic dwnicala. Damage Incldanti of thla type actually have occurad m waste management practice (sea luting Background U226....................................... . 1.1,1 -1ncWoroothane....................... ....... ..........................._ _ Dootattara on Toluana OKsocyanate Production). No data way preaented by die commentar to luayfy dta contention gtat mate t.t.t- trtertoroethane doss not pooe a Itaaith hazard and should not Pa Dated. Aa die boas- aaya daaedbad In the May 19th Appendix A Health and Environment Effects Profile indicate increased tumor production was noted In animal* treated with 1,1,1- tnctPoro<ethane. in pddWon. Pi vt*o eanaformaoon of rat embryo ceM and auMe- ouant ftrtocaarooma production by these cent when injected m met alao axheatea that 1.1,1-trtcNoroathatM has oareatoganic potential. It should also ba nond that the Agency mcently determined gtat t.t.l-Trictiloniatiane should cqntxue to be Dated aa a tonic poituunt under 1307(a) of the Clean Wetar Act. U232 and U333________________ 2,4^-Trtchloeophenoxyacetle add and tAA- ---------------------- One commentar questioned Pis presence of these conetttusnts on the | ZBi 33 list Titdhloropnanoxyprofaonic sod- whan the waits constltuanta are among the parameter! measured by the characteris tic of Extraction Procedure Tomdty (EP). Wo beSevo the concern It largely academe since dtscardsd eommanaal chemical producia conaiating of theaa paabddaa wDI utv doubtatDy contain conoanbaDona many ordais of magnitude above the EP leveti. D. The Agency received several comments indicating that a mistake had been qiade in converting from one set of units to another during the computation of inhalation toxicity values. We acknowledge that for a number of the compounds listed for acute inhelation toxicity, the conversions were errouheous so that the values given in the May 18th Background Document were incorrect. After recalculating the toxicity values, it was found that the following compounds still meet the criteria for Using as an acutely haiardous waste {inhalation (rat) LC50 2 mg/l/hr or inhalation (human) LCLo * 2 mg/1). The recalculated raw data and the correct values are presented below. The formulae used In converting inhalation toxicity values are: ppm=mg/m * x (22.4/MW) mg/l= (mg/m*)/10p0 mg/l=(MW)fppm)/(22.X1000J (mg/l/minutel/eOwntg/l/hour (mg/l/luMuf*]) x (hour|a(<-rog/l/hour MW=Molecular weight EPA hazardous wnta No. Compound name Motoculir woi*!! Chad vafua (mg/ Correct value I/hr (mg/l/hr) Pubtohad vaDia [source of data] POOS_____ ;____ , MHO .... P017........................ _,, ........................... ........ ftlWIIIUMfoM P026-------------------- -------------------alpha-CNonDbhMna_________________-----------------Pnfii ^' prwfl........................ POM............. .......... was.-TMTM.TM PnM......... ............. Port POM 110................ OtiaiM . . Mathomyt___ PtWttfMM.... ...................... . TUfM^IHM ................... Pllfl................... ..... .......... ..... TifcMorenwotaiMhlal____ ______ 50 6.0 0 06 TCUKhum) 2Sppm [N] 110 0.49 049 lC50(nt) 7ppm/7 ty [$] 137 0.85 0.53 TCLpjhun) 8.2mg/l/10min CD) 127 0.003 1.70 LC800O6 1Mppfn/2tv ($1 82 0.10 0.61 LCSOOit) 350ppm/hr [SI T QJ6 0.01 TCLoOmm) lOmQ/m* [3J 30 146 0.03 LCSOpaO 105ppm/hr (S] 41 0.20 0.004 TCLoptum) 2ppm IN) 102 0.77 0.56 lC50(rat) 77ppm IN] 40 2.96 0.61 LC50(ral) 74ppm/4ly IS) 171 0.73 0.12 LC50W 240mg/m,/30min [S] 34 0.44 0.07 LCS0(ftU 1 lppm/4hr [S] 024 f.60 0.09 LC60<r0 6ppm [3) u 0.45 'listed In oral sxpQMiroixiiuiiiimfBactgoMndPociawsiit Instead of WiaMormnsaute ogDimn. (NJ-NOSH HagMy, (SI-Sax. (Ol-DOT. E. The Agency also received a number of inquiries regarding the specific nomenclature used in listing the generic chemical names, expressing confusion in certain cases because these compounds often go by a number of different names. In order to eliminate any confusion, the Agency has revised the listing descriptions in S 261.33 (e) and (f). The new lists contain only the International Union for Pure and Applied Chemistry (IUPAC) name and, where available, a cross-reference to the compound'* commonly-used generic name. Since the IUPAC name is the one employed in Chemical Abstracts, the premier guide to the world's chemical literature, the Agency believes that the new listing descriptions will permit unambiguous compound Identification. In compiling the new regulation, we have listed each identified substance in alphabetical order but have retained the hazardous waste number used in the May 19th, interim final regulation. As a result, the S 26143 (e) and (f) lists no longer numbered consecutively. Furthermore, where a generic name and the IUPAC name are cross-referenced, both will be listed under the same hazardous waste number, but will not appear consecutively in the regulation. We have chosen this method of organization because we believe additional (and unnecessary) confusion would result if new hazardous waste numbers were assigned to each waste, and because the existing numbers CCR 000040774 78538 Federal Register / Vol. 45, No. 229 / Tuesday, November 25, 1980 / Rules and Regulations already have been used for notification purposes.1 F. Asbestos. The Asbestos Information Association submitted extensive comments arguing that the interim final listing of discarded asbestos (as hazardous waste U013) was procedurally defective for want of prior notice, and substantively unjustified because disposal is already regulated under the National Emission Standard for Asbestos (NESHAP) program (40 CFR Part 61), We disagree tKat the interim final promulgation of the asbestos listing was procedurally defective. In our view, the opportunity to comment prior to any regulatory effect of $ 261.33 cures any possible procedural deficiencies. The situation here thus is distinguishable from those in such cases as U.S. Steel Corp. v. EPA, 595 F.2d 207 (5th Cir., 1979), and State of New Jersey v. EPA, ------F.2d-------(D.C. Cir., 1980), where interim final regulations became effective prior to opportunity for comment. We are, however, more impressed with the commenter's substantive argument. Certainly, duplicative regulation should be avoided where possible. We therefore are temporarily deferring final promulgation of the listing of asbestos while we investigate further the relationship of the NESHAP and the RCRA management standards, and the extent to which NESHAP facilities afford comparable environmental protection in managing waste asbestos. One possible approach would be to grant NESHAP facilities a RCRA permit by rule, and apply substantive RCRA standards to discarded asbestos up until the point of disposal. (See 265.1(c) (1) and (2) and 122.26 (a) and (b) where the Agency has adopted a comparable approach for hazardous wastes also subject to regulation under the Marine Protection, Research, and Sanctuaries Act, and the Underground Injection Control program ii|>t>rovml or promulgated under the Safe Drinking Water Act). Another approuch would be integration of the Tuxic Substances Control Act asbeatos-in-theschools program, the NESHAP program, and RCRA standards into a single regulatory program. The NESHAP program wiil serve as a safeguard against pollution problems resulting from asbestos disposal pending final determination of this issue. "The Agency has not. however, used ILIPAC names in Appendix VIU of Part 2H1. in large part because no questions have been raised about the identity of the Appendix VIII compounds. The Agency will consider using IUPAC names in Appendix Vlll if the regulated community believes that such e change is warranted. II. Trade Names Included In the List end Scope of Coverage of the Regulation A. The May 19th regulation applied to all discarded commercial chemical products, manufacturing chemical intermediates, off-specification species, and container and spill residues thereof "having the generic name listed in paragraphs (e) or (f). . . ." * (5 261.33(a), (b). (d).) The regulation thus clearly included more materials than those listed specifically in 261.33(e) and (f). A footnote to both $ 261.33(e) and (f) likewise indicated that the scope of coverage of these provisions was broader than materials listed by name: "The Agency included those trade names of which it was aware; an omission of a trade name does not imply that the omitted material is not hazardous. The material is hazardous if it is listed under its generic name." Included in this list of genericallynamed materials were several hundred trade name products (for example, RAT AND MICE BAIT. RO-DETH, and SPOR-KIL). Aa the above-cited footnote indicates, these trade names are illustrative, and not the exclusive list of hazardous discarded trade name products. However, the form of the list confused a number of commenters, who questioned why other similarlyconstituted products were not named. Other commenters complained that the lists in (e) and (f) operated in a commercially discriminatory manner because their products were included by name, while other comparable products were included only by reference. In order to eliminate this confusion, the Agency has decided to remove all trade names from the list of generic names in $ 261.33(e) and (f). Since no trade names now will appear in the regulation, the footnote to these provisions also will be deleted. As before, all trade name products having a listed generic name are included within the scope of the regulation. B. Questions also have been raised as to the precise meaning of the regulatory language "having the generic name listed in paragraphs (e) or (f)," The Agency intends that this language include the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed, and all formulations in which the chemical is the sole active ingredient. This scope of coverage was expressed in the May 19th regulation where hundreds of such products were listed by name in * Containers and liners are included insofar as they held a material "having the generic name listed in paragraph (e)." { 261.33(c). S 261.33(e) and (f).4 We also believe that this reading conforms to usual understanding. Commercial chemicals are almost never sold In pure form. Generally, a chemical need not be present at full strength for a product to have its intended effect, and so is diluted to the desired concentration. For practical purposes, however, the product is considered to be the chemical comprising its active portion. For example, persons purchasing the fungicide pentachlorophenol (U-242) do not normally receive a pure chemical, but rather a formulation (e.g,, Permatox DP-2) in which the fungicide pentachlorophenol is the active ingredient. There is no doubt, however, that this trade product formulation is identified with the active chemical constituent. Another more homely example is the functional identity of aspirin and acetylsalicylic acid even though an aspirin is not pure active acetylsalicylic acid 6 This understanding likewise is reflected In the principal journals cataloguing chemical substances. The NIOSH Registry (National Institute of Occupational Safety and Health, Registry of Toxic Effects of Chemical Substances (1978 ed.)), for instance, lists generic chemical names along with the synonymous commercial product trade name, explaining that "commercial product trade names are included. . . when they represent a single active chemical entity. . . [id. at xvii.) The Farm Chemicals Handbook (Meister Publishing Co., 1979 ed.), probably the basic reference source for information on the agricultural chemicals industry, likewise lists all trade products having a generically-named chemical as the sole active ingredient as "other names" for that chemical. Similarly, manufacturers of trade name products, in complying with reporting obligations under the Toxic Substances Control Act, voluntarily and routinely report trade names as synonyms for the pure generically-named chemical even though the trade product does not consist of the chemical in its pure form. See, e.g., Toxic Substances Control Act Chemical Substance Inventory, Volume II, p. Ill (Arasan, Arasan 70, Arasan 75, ArasanM, Arasan 425, Arasan-SF, and Arasan 70-S Red listed as synonyms for thiuram): p. 113 (Arsodent listed as synonym for arsenic trioxide). Public comment on the interim final regulation likewise reflected an *We are, however, adding appropriate clarifying language to the comment to { 281.33. * NeedlesJ to say. neither aspirin nor acetylsalicylic acid are hazardous wastes when discarded. CCR 000040775 Federal Register / Vol. 45, No. 229 / Tuesday, November 25. 1980 / Rules and Regulations 78539 understanding that discarded products containing a generically-named chemica' as the sole (or in some cases even the principal) active ingredient were included by the regulation. The Dow Chemical Company, for instance, commented that the "same generic materiel" generally is sold under many different trademarks, listing as an example 38 chemical names, trade name products, and synonyms for 1,1,1* trichloroethane, widely-used as a solvent. Almost all of these trade names are not the pure chemical, but rather contain the chemical as the (or an] active ingredient.*USS Agri-Chemicals, another commenter, also indicated that trade products need not be identical in chemical composition to the genericallynamed chemical to be thought of'as that chemical. The approach outlined above--that products containing a genetically listed chemical as the sole active ingredient are included within the scope of the regulation--has a number of significant advantages. First, the approach seems to reflect normal commercial understanding. Further, a potential unintended loophole for diluted formulations of generically-listed chemicals is eliminated. In addition, the regulation would have little practical effect, and would be at odds with usual understanding, if it were read as applying only to pure chemicals, since 100% pure chemicals are used only rarely in commercial practice. There should be little question that single active ingredient products containing a generically-listed chemical as its active ingredient will usually and frequently be toxic and thus hazardous waste when discarded. The toxicity data contained in the May 19th Background Document indicates that most of the chemicals need be present in only low concentrations for the product to have toxic effects. We further believe that products which are identified with the generically-listed chemical because the chemical is the sole active ingredient will normally contain concentrations of the chemical far higher than necessary to produce toxic effects or will be present in combination with so-called inert ingredients which tend to magnify its toxic effects (e.g., solvents and surfactants). The products mentioned as synonyms for 1,1,1 trichloroethane in6 6 Dow also commented that discarded products contsining chemicals measured by the characteristic of EP toxicity should not be listed in D 261.33, again reflecting en undemanding that products containing a { 201.33 (e) or (f) chemical as an active ingredient are covered by the regulation, aince tho comment would have little point if a pure chemical was involved (viz. a material containing 100% 2,4,5-T would always fail the test for the characteristic of EP toxicity). Dow's comments, for example, contain over 90% of the generically-listed chemical. We also note that many of the trade products regulated under this section are pesticides or fungicides, produced for the express purpose of destroying plant or animal life. It is evident that such a substance, when discarded, meets the RCRA definition of hazardous waste. We recognize that this regulation is deficient in its failure to address products containing mixtures of chemicals listed in $ 261.33 as their ingredients. Because these products are normally not thought of as having a 1:1 relationship to a listed compound, we do not think that we can address the problems by means of final or interim final Agency action. We do intend, however, in the near future to propose an amendment to $ 261.33 to cover active ingredient mixtures. We also recognize that some persons legitimately may not have realized the Intended scope of coverage of S 261.33 and thus may have not notified the Agency that they generate these materials, nor, in the case of treaters, 8torers or disposers, filed a permit application as required by sections 3010 and 3003(e) of RCRA. Since this failure is, at least in part, due to an ambiguity in EPA's regulations, we do not believe it fair to penalize persons who thus far have failed to comply. Consequently, persons handling products covered by $261.33 which consist of a listed chemical as the sole active ingredient, and who have not yet notified the Agency, muBt do so by February 23. 1981.7 Facilities managing these wastes still may qualify for Interim status if they submit a Part,A permit application (or an amended Part A application, in the case of facilities which already have applied to manage other identified or listed hazardous wastes) by May 25,1981. C. A number of comments indicated that trade name products listed specifically in the May 19th interim final regulation do not contain a genericallynamed chemical as the sole active ingredient, or (in some cases) do not refer to any specific product formuletion but rather to a family of products. Since $ 261.33 as promulgated and finalized applies only to sole active ingredient formulations, these products are not presently hazardous wastes when discarded. Trade name products in this category are D-CON (formerly listed as waste P001), PERMATOX (formerly1 1 Under Section 3010 of RCRA, pereone who already have notified that they handle any identified or lieted hazardous waste are not required to notify again. listed as waste P090) and SANTOPHEN (formerly listed as waste P090). The Agency notes, however, that a number of products marketed under these general trademarks are in fact products which consist of a compound listed in $ 261.33(e) or (f) as its sole active ingredient, and where this is the case, that trade name product is a hazardous waste when discarded. Examples are PERMATOX DP-2 (technical grade pentachlorophenol), and SANTOPHEN20 (sole active ingredient pentachlorophenol). Comments also reflected confusion about two of the other trade name products listed in the May 19th regulation. Even though trade names are now being removed from the text of the regulation, we believe it is important to clarify our intent. One commenter indicated that it handles a product called `METAFOS164', a trademark for the surfactant sodium hexametaphosphate. The commenter believed this product was included under the May 19th listing of `METAFOS', a trade product listed in both the NIOSH Registry and the Farm Chemicals Handbook as a synonym for methyl parathion (P071). In fact, the similiarity of product names appears coincidental. The Agency, as stated, intends to regulate only trade products containing a listed chemical (in this case methyl parathion) as the sole active ingredient, so that the product METAFOS 164 would not be a hazardous waste when discarded. A second, similar situation arose with respect to another listed product, THIONEX'. THIONEX is a trade product name for the pesticide endosulfan (waste P050) (Farm Chemicals Handbook), and so is a hazardous waste when discarded. According to a commenter, however, an identically-named but chemically very different product also exists. Obviously, only the product consisting of the pesticide endosulfan is a hazardous' waste when discarded. Confusion caused by name similarity should be addressed by determining the identity of a product's active ingredient. III. The Problem of Identifying Which Discarded Trade Name Products Are Hazardous The Agency is aware that many persons handling commercial products have found it difficult to determine whether these materials are hazardous wastes when discarded because the product's chemical composition is not always readily obtainable. Manufacturers in many cases have been reluctant or have refused to divulge this Information, in part because of concern 000040776 CCR 78540 Federal Register / Vol, 45, No. 229 / Tuesday, November 25, 1980 / Rules and Regulations ' for revealing proprietary data. In the face of these difficulties, some commenters went so far as to suggest that generators not be responsible for complying with the regulations unless they have actual knowledge of the product's chemical composition. The Agency is taking a number of steps to deal with this problem. First, we are now preparing a directory of chemical products ' which are hazardous wastes when discarded. The Directory will include generic names, other names by which the chemicals are known (e.g., myrbane oil for nitrobenzene] and the names of trade products which are regulated under 261.33 as well as the applicable hazardous waste number. The Directory will be advisory, not part of the regulation itself, so that a defendant in an enforcement proceeding will still be able to show that a waste listed in the Directory is not a waste listed in $ 261.33. By the same token, absence of a product name from the Directory is not a defense. The Agency will expand the Directory over time to try and provide as complete a list as possible. A second form of Agency guidance is the recently-implemented RCRA Industry Assistance Hotline. Persons unsure whether the trade name product they are discarding is a hazardous waste may call this toll-free number and provide the name of the product The Agency will then provide advice as to whether the product is a hazardous waste and its basis for the determination. As with the Directory, the Agency's response will be advisory, not a formal regulatory action. The hotline telephone number is 800-424- 9346 (in Washington, D.C., 554-1404). We also expect that persons unsure of the hazardousness of a given product will call the manufacturer of the product. Although manufacturers may not want to give out the formula for their products, the Agency believes it is reasonable to expect suppliers to inform customers if disposal of the product is regulated under either 8 201.33(e) or S :',0l.33(f). Customers of course have the option ol refusing to deal further with a supplier who will not divulge this information. We disagree strongly with the suggestion that generators lacking actuat knowledge of a product's chemical composition remain unregulated. Such a standard provides a strong incentive for generators not to determine whether discarded products arc hazardous SW-8B4, "Directory of Trade Name Products and Synonyms" will be available from Mr. Ed Cox, Solid Waste Information, U.S. Environmental Protection Agency. 2S West St. Clair SL, Cincinnati, Ohio 45268 (telephone number 513-684-6362). wastes. One purpose of RCRA is to require closer attention and inquiry into the potentially hazardous nature of discarded materials, and generators of discarded trade products are no exception. Suggestions for further means of dealing with the question of identity are, however, solicited. IV. Interpretative Issues As noted above, most interpretative questions involving $ 261.33 will not be resolved until publication of a forthcoming RIM. Certain questions, however, can be dealt with in this preamble. A. Are solid wastes that contain one or more of the chemicals listed in 261.33 hazardous wastes by virtue of containing these materials? Solid wastes which simply contain one of the chemicals listed in 261133 are not thereby hazardous. Where EPA intends to list such wastes, it will do so by listing them in S$ 261.31 and 261.32, This intention is In fact clearly expressed in the comment to 3 261.33(d) which is part of the promulgated regulation. The purpose of 261.33 is to regulate only the listed chemical products and intermediates and their trade name equivalents (and certain offspecification variants, emptied containers * and spill residues and debris thereof) as hazardous wastes when they are discarded or intended to be discarded. However, when a solid waste is mixed with one of these discarded materials, Jflie resulting mixture is a hazardous waste until delisted (with certain exceptions set forth in S 261.5(h)). See 281.3(a)(2J(ii). As set out in $ 261.3(b)(2), the solid waste becomes a hazardous waste when the mixing of the 3 261.33 chemical takes place either as an act of discarding that chemical or the time the chemical is intended for later discard (i.e., at the time the 3 261.33 substance becomes a hazardous waste], There are many situations, where a solid waste becomes a hazardous waste by virtue of the actual or intended discarding of materials listed in 3 261.33. Some of these situations are: 1. Where excess, expired or otherwise unwanted commercial chemical products or manufacturing chemical intermediates are discarded by discharging them into a wastewater stream or are discarded by being mixed into other solid wastes. 2. Where off-specification materials that, if they met specification, would be `Regulation of container! which formerly held 1261.33 chemical* i* addreawd elsewhere in this Pan X of the Federal Raglater. commercial chemical products or manufacturing chemical intermediates, are discarded by being discharged into a wastewater stream or discarded by being mixed into other solid wastes. Where contaminated residues or debris from the clean-up of spills of listed chemicals are discarded by being mixed into other solid wastes. B. Are the commercial products and manufacturing chemical intermediates listed in f 261.33 subject to regulation if they are used, reused, recycled or reclaimed in lieu of being discarded? No. A commercial chemical product or manufacturing chemical intermediate listed in 3 261.33 is a hazardous waste only if discarded or intended to be discarded. If it continues to be used or sold, it is not being discarded and therefore is not a hazardous waste. If it is an off-specification material and is reprocessed, recycled or reclaimed it is not being discarded and therefore is not a hazardous waste. Thus the provisions of 3 261.6(b) are not intended to apply to reuses of 3 261.33 materials, since in such cases the materials are never discarded. The reference in 5 261.6(b) to wastes "listed in subpart D" is confusing. Wastes listed in 33 261.31 and 261.32 are the only wastes intended to be included. There are numerous situations where the above interpretations apply. Some of these are: 1. Where a customer receives an offspecification product listed in 5 261.33 and returns it to the manufacturer for reprocessing, the product is not being discarded and is not a hazardous waste. 2. Where a commercial product becomes excess inventory or outlives its expiration date in a wholesale or retail outlet or in the hands of a user and the supplier takes the product back for resale or reprocessing, the product is not being discarded by the wholesaler, retailer or user and is not a hazardous waste. 3. Where there is breakage of containers holding 5 261.33 chemicals and the supplier takes back the affected chemicals, including recovered spilled chemiculs, for repackaging or reprocessing, the chemicals are not being discarded and are not hazardous wastes. If, however, some of the spilled chemicals are discarded or intended to be discarded because they cannot be returned (e.g., they are mixed with dirt or other materials), these spilled chemicals (and associated spill cleanup residues and debris) are hazardous wastes. These are examples of common practice which EPA believes should be encouraged because they avoid discarding valuable materials and CCR 0000^0777 Foderal Register / Vnl. 45, No. 229 / Tuesday, November 25, 19H0 / Rules and Regulations 78541 thereby conserve resources, while at the same time avoiding the potential hazard- associated with discarding of hazardous chemicals. The above practices also avoid causing many thousands of wholesalers, retailers and users from becoming generators of hazordous wastes because they will be able to return the materials for reuse instead of possibly discarding them. The Agency believes that many of these persons will be unfamiliar or not well acquainted with the regulations and may fail to properly perform the responsibilities of a generator if they have to discard the materials. It is quite likely that, in some cases, a manufacturer or supplier will find it necessary to discard some portion of the materials returned to him because he is unable to reprocess, repackage, resell or use it. Where this occurs, that portion which is discarded becomes a hazardous waste when it is discarded or when a decision is made to discard the material. In this situation the manufacturer or supplier is the generator of a hazardous waste because he is the "person . . , whose act. . . produces hazardous waste . . ." (see the definintion of "generator" in 260.10). C. Are manufactured articles (such as battery and mercury vapor lights) that contain any of the chemicals listed in 261.33 hazardous wastes by definition if they are discarded or intended to be discarded? EPA intends that the materials listed in 261.33 include only those commerical chemical products and manufacturing chemical intermediates that are known by the generic name of the chemicals listed in paragraphs (e) and (f) of that section. Manufactured articles that contain any of the chemicals listed in paragraphs (e) and (f) are rarely, if even, known by the generic name of the chemical(s) they contain and. therefore, are not covered by the 5 261.33 listings. Should the Agency find it necessary to list any manufactured articles as hazardous wastes, it will initiate rulemaking to add these articles to 5 261.33. Date: November 20,1980. Douglas M. Costle, Administrator. PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE Title 40, Part 261 of the Code of Federal Regulations is amended as follows: 1. Revise $ 261.33 to read as follows: 5 261.33 Discarded commercial chemical products, off-speclflcstion species, containers, and spill residues thereof. The following materials or items are hazardous wastes if and when they are discarded or intended to be discarded: (a) Any commercial chemical product, or manufacturing chemical intermediate having the generic name listed in paragraphs (e) or (f) of this section. (b) Any off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in paragraphs (e) or (f) of this section. (c) Any container or inner liner removed from-.i container that has been used to hold any commercial chemical product or manufacturing chemical intermediate having the generic name listed in paragraph (e) of this section, unless: (1) The container or inner liner has been triple rinsed using a solvent capable of removing the commercial chemical product or manufacturing chemical intermediate; or (2) The container or inner liner has been cleansed by another method that has been shown m the scientific literature, or by tests conducted by the generator, to achieve equivalent removal; or (3) In the case of a container, the inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container, has been removed. (d) Any residue or contaminated soil, water or other debris resulting from the cleanup of a spill, into or on any land or water, of any commercial chemical product or manufacturing chemical intermediate having the generic name listed in paragraphs (e) or (f) of this Section. (Comment; The phrase "commercial chemical product or manufacturing chemical intermediate having the generic name listed in , . refers to a chemical substance which is manufactured or formulated for commercial or manufacturing use which consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed, and all formulations in which the chemical is the sole active ingredient. It does not refer to a material, such as a manufacturing process waste, that contains any of the substances listed in paragraphs (e) or (f). Where a manufacturing process waste is deemed to be a hazardous waste because it contains a substance listed in paragraphs (e) or (f), such waste will be listed in either $ 261.31 or 261.32 or will be identified as a hazardous waste by the characteristics set forth in Subpart C of this Part.) (e) The commercial chemical products or manufacturing chemical intermediates, referred to in paragraphs (a) through (d) of this section, are identified as acute hazardous wastes (H) and are subject to the small quantity exclusion defined in | 261.5(e). (Comment; For the convenience of the regulated community the primary hazardous properties of these materials have been indicated by the letters T (Toxicity), and R (Reactivity). Absence of a letter indicates that the compound only is listed for acute toxicity.) These wastes and their corresponding EPA i lazardous Waste Numbers are: P023 ................. Acetaldehyde, chiofo- P002.................... Acetamide. N-{armnothioxomethyl)- P057.................... Acetamide, 2-fluoro* P058.................... Acetic acid, fluoro-. sodium salt P066.................... Acctimkftc acid, N-[(methyicar- Pool...... bamoyDoxylthio-, methyl aster ,, , 3-(slpha-ecetoriytbanzyt) 4- hydroxycoumartn and salts P002................... l'AcetyI-2-thiourea P003.................... Acrolein P070.................... Aldicarb P004.................... Aldrin POOS.................... Allyt alcohol P006................... Aluminum phosphide P0Q7 . 5-(Aminomethyi)-3HSOxazoiol POOS................... 4-aAmmopyndine P009.................... Ammonium pierste (R) Pi 19, Ammonium vanadate P010 . Arsenic acid P012.................... Arsenic (III) oxida P011.................... Arsenic (V) oxide P0t 1................... Arsenic pentoxide P012 ,, Arsenic tnoxide P038.................... Arsine, diethyl* P054.................... Azlridine P013.................... Barium cyanide P024.................... Benzenamine, 4-chloro- P077.................... Benzenamine, 4-mtro* P028 ................... Benzene, (chloromethyl)- P042..................... 1,2-Benzenediot. a-tl-hydroxy^methyl- emmoWhyt)P014................... . Benzenethioi P0S8................... Benzyl chloride P015.................... Beryllium dust P016.................... 6is(chloromethyi) ether P017.................... Bromoaeetone POis................... Brucine P021 .................. Calcium cyanide P123 ............... Cemphene, octachkyo- P103.................. Cartoemirnldoselenoic add P022.................... Carton bisulfide P022 ................... Carbon disulfide P095.................... Carbonyl chloride P033................. . Chlorine cyanide P023.................... Chloroacetaktohyde P024.................... p*ChlonoamHne P026.................... 1 -(o-Chforophenyl)thiourea P027 .................... 3*Chloropropionitrile P029.................... Copper cyanides P030.....................Cyanide* (soluble cyanide salts), not isewhere specified P031.................... Cyanogen P033 .................. . Cyanogen chloride P036.................... Dichlorophenylersine P037.................... Dieldnn P038.....,,............. Dtethylarsine P039-,,..-........-,.....O.O-Oiethyt S-t2`{ethylthio}e\hyt) phos- phorodithioate P041.................... Dtethyt-pmltrophenyl phosphate P040....................O.O-Oiethyt O-pyrazinyl phosphorgthioale P043.................... DUsopropyt ftuorophosphate P044..................,, Dimethoate P045.................... 3,3-Dimethyl-l-(methytthio)-2-butenons, 0- t(mefhyiammo)carbonyl) oxime P071.,,................ O.O-Oimethyt O-p-nltrophenyi phosphoro- thioate OCR 000040778 78542 Federal Register / VoL 45, No. 229 / Tuesday, November 25, 1980 / Rules and Regulations Substance Htxerftxi* waste No. Substance Hazdou W8t No. Sitotancfl P1502 .................. Oimeuiyinttnoeenwie f'G46 ..... alpha, alp^'DKnemylphenetbyianifW- ro4? P034 PMB ,. 4,6-DtnUro-o*cffl*ol and salt* , .. 4,fl`Dtnrtro.o-cTctohf>Yt(>henol , 2,4-Dtnitrypnonol I'OPO V<. i<> . Otrioaoh .., r,ifjliojphotnfnltJe, o'ildmethyl- ,. , PG40 , 2,4-DilhiObiufet ptiV)........ DitMopyroohosphorlc acd, tetraethyl eater PO^i ......... ftd03UKSK> , Pf"' rW .............. Endoihall .......... Endnn P`>42 P*M6 . *.......... Epinephrine .............. Ethanamipe, 1,1 -<tdrethyb2-phenyI- P084 ................... Ethena-rnno. N-methyi'N-noroso- T KM ,, r ca P'im; l`> `.i) . ... F.`tliy) cyftrvtte ......... ihylervT-in* ........ F.v*vh'ir I lijfvipn K)b/ ................... t ;ii-Mf(Uceiatnn1u ..............I luofoocpti'- i'.mJ, sodium sett ................Falrr-inK: ecd,''*t,'Riry(n) salt (R,T) l1, ', Hept 'f.hlor pn ........... i.a.j.a.tn.uM'Pi'anhic-o^ 7 eeoxv- ' uatvydro entio.endo- 1,4 r, y dimetb-T'- i*phthalerio ,, , : cY,4 !0,l0 HP' -U.U -ro-ti,7`Cp '\y- *,4 4,a .i-ociahydro-e--<lo,exo- 1,4 5 ^ d?i tC'tHanonaphtnal^n r- o 1,2 J i lb,10 hexarhlom-l,4,4Ji,5,fl,fla` her`.Hydro 1,4 S 8-endo, erdo-dlmpth- P,/ ; .jn"maphthiierto i *', 41i(M0t-Ha>ta',tHoro*i(414rt * 0,8d- l,. , i`v,clro'i A * 6 *ndo.exo- dtnv,iiwn'.iw*>blf'al9ne hu-,' Mlor*'tcyahyiiroex/j>,exo' 'ihri,'^'it`P*hihai"ne .,. ,ivf at `-syj lUmphnspbcte fi,<n `j',3i0a-` nds t r ,,. 1 > -rr- itH-r -i, ... :'[' i'',f'T'>c sod f *'>i Hyrtrocen r/'j-'du . ,"oqen pho^'-rfid* , , 'six* mic and, meinyl e$far . .r'H)-!sos/iiione, `i-lamtnor.iethyl)- `V !/* "jry, ,sc->tdto*0)phenyt- 1^ k. ' .v <tn'it;at9 (R.Tl ( V 'Ite, O'/vtXA^'btnro- ''' i`,>" r MO, (RJ ' f *-if ffmlmn* i ,J M .'linn > III , 1< *`.\ t,4 fi,h i < :u` i.Mo ' 1,4,/, 4 M/'lfrVtJ*' M <?. A 6/ , , ? Muihy..ziMr|1>-> ,, WtdMyt hyUfrtZUlP < 64 Methyl ftoc/a'V''- r "69 ............. 2 MoihvHactorvmiP -1 Moinyi pyrathion =u?5 . -lha Nac-hths'thiourea .)72 ............... F tii carbonyl f /, J'.ef cyan/de Po/4 fj.ct*ell`<) cyanide 7 7/3 N ''k^i tetracartoonyl f'j/6 , , and salts , , N'-ni: o<le ' v'7 ,, p-Mitroantkn r'V8,,,, Nrtrc3?n dioside -r '*j ............ Nitroqenttft oxide FC/d ,,, Niti.-'OundV) owde NMr-; j;>cenne |R) '>2 . , n NiTcsodtmetpytamme po&4 ................N-M'i/osometnyHTnylamtne POirO..................... 5-Norbornene*2,3'<jifTtethenol, 1,4,5,6,7,7* P '85 nexachforo, cyclic auiilte OctarnemyipyrophoapfKxamide Du87 Osmium oxide J0b7, .. . Osmium letroxide Posa . 7 0*8b*cycio[2-2 t)haptane-2,3- dicarboxylic cm) Pufl# .............. Oiuthion P004 P04I] p,4; ............... Phenol. 2-CyctobmtyM,0dlnliro, , Phenol, 2,4-dinrtr> ... t'tjunof, 2,4^ntlro^me4hyl- , p'H'u .......... Phenol, i!,4-dinifro--(t*m*thy|propyl>' I'JJO ..... v, Phertol. 2.4,8fWnltro-, -ammonium u>tt (P) P036 ..................... Phenyl dichloroeraine P08?.................. . Phenylmercunc acetate F*093.................. . N-'PhenylthiQurea P094...................... Phorata P09S.... .......... Phosgene ,, P0d6...................... Phoaptune P041.... ................. Phoaphoac add. dMItyl p-nttrophonyl. eater P044 ...................... Phoaphorodfthtota ac/d, 0,0 dimethyl SC2-|meaTy>effenoj-a-0xwtfiytfeter P043..................... . PhospherenuMc acid. bMVniethyletbyl)- PW4 , ester ............ .. PhdSphorobMotc add, 0\0*dethyl (ethyliiROl'iteihyl ^ater S- PORO...................... PhoophcvoiNocl add, 0,0-diethyl 0^(p-nitrophwtyf> neier ' - P040................... Phoephernthtoc edd, 0,0-dwtnyl O- pyrazinyl ester P097..................... Phosphorothkac acid, O.O-dimethyl 0-[p- ((d/ntetltylamtao^eangdyi/pnen^Jeiler P11Q...................... Plumbarie, tetraethyl- 2 POOS ..................... Potassium cyanide P093,.............. ... Potassium Mver Cybnfcfc P07') ................... PropencU. ' Z^mt^hyl^mwhylfhob. O[(methyiamino)cart>onyl]OYime P10I P027 ,, l>('L9 . , Propanenltdle , , F'lopsnernir.ie 3-chloro- * ropupthniiile, Z hydroxy-P-mcthyP K'tM 1 l.a-Prnpi'ftoinol, tarut/ate- (It) Pul / ................... 2'Propattone, i^om- P!1*,7 .............. PropJM/i alCohok H1 ........... 2.Propenal pOu . ................. 2 Prooen-t'dt P'-`, ` ................. i.^ Propyierirmne Pi ......... /. Ht'0j,`yn' vol P'lftH.............. 4'Pym ,r.mme r'-y/b . Pyridin.i, (S)-3-(t rr.e*hyl-;' pyrrotidmyl)-, amt salts PM1 PI 03 ' p-'' i, ................. PyDphosphOrlc add; tetraethyl ester ................. .Virenour^a .................. Culver cvaiR/je ........... 0 ^.U.T. oZld#p pi"6, ......... rj.o/ ................... "'....Hiitn suUxle pn * s >1,y' hmJin-iO-onw, and sqltb ............ Slrychnklln-IO-fytrt, 2,3-rFfrwthoxy- PK' i..................... gtrytmine and salts' pr5 ......... SgiMc acid, th&uturru^ sail pt * . . , T^lraelh/.ltlhlcf^i'Ofihdi'phate Pi i 1 ................. lead P,)l, . . ....... reUaumyl! yropmnpriate PI 17 . TntrenarWner^ane (R) PuhC .................. 7Ptrapho&phoric aod, hexaethyl 8tcr - )* 113 ............. ....... ir^'iwojede 'i % v , ' 0 .............. 1 ali-ym(kl) oxide , \v ' f 1 1 *! , ThefArtnrn seienftu * t- 1','^ ............... llufUtin.CIi tiaWMsfr'* 1 ' 1' ...... , 't I'i- Ji-McdWidioi'/'t dimnMe 1 '<1 '..................... iM.iphen/4' .. ;, i IMh ............. . 1 `tivbiwolcartwukl# POP3 , ,. - T hioured.' {/-chloropbertyf)po;?.................... rhtouree, l-daphthalenyi- Pm .................... Thiourea, phenyl- P123 ................. r 3*aphene Pin7 ................... Tnctlioromethanethtol pin* ................ .. Vahdtc acid, ammonium salt Pi 20..................... Vanadium pentoxid* PliO pool ., .. Va^iedlunAV) oafda .......... Warfarin '1 .................. Zmc cyanide P 122 .............. Zinc phosphide (R.T) (f) The commercial chemical products or manufacturing chemical - intermediates, referred .to in paragraphs (a), (b), and fd) of this section, are . identified as toxic wastes-(T) unless otherwise designated and are subject to the smell quantity exclusion defined to $ 261.5(8) and ft). [Comment: For the convenience of the regulated community, the primary hazardous properties of these materials have been indicated by the letters T (Toxicity), R (Reactivity), IflgnitebiJity.) and C (Corrosivity), AbsenceOf a' letter indicates that thecompound is only listed for toxirnty.) -Theta wastes and their corresponding ERA Hacmmhras . Waste NutobteKBse - ?1.; -! , . t r .,.* . > < U001 ...................... AOMkMhydP (I) U034..................... Ao*i*Khyd8, U187 , Aost^mldcv N-(4.eihoxyphnnvl)- Uh05...................... AditamkK N*H-0uofn-2-yl- Ui 12....................... Acetic dud, rtbvt enter (I) Ui44.................... Acoti. lead salt U214...................... Adbtr 4cld, (hallttim(l) sett U002..................... Acetone H) U003...................... Acekonitrile (l,T> U0O4.......... .......... Acetophenone U006,,,................... 2WStwtylemirtolhi(]rer>e U006...................... Acetyl chloride (C,fl,T) U007...................... Acrylamide U0Q8 ------- -------- Acrylic acid (I) U009...................... Acrytonttnle U150...................... Alentne, 3*Cp*be(2-thloroothyl)amino7 phenyl-, L- UOH................. . . Adx(m| DC 12................. AfWftM'1)' U014................... Aummine U016...................... A*a."r,.ie U010 ...... AiWnr^: ,3`i3,4^/rrolo11,2 abixjelo-4,7* ' djorm. 6'eintno-8-[t{emtrv>ceibony0 OxyJrr.f'thyO 1,1 a,2,8,&a,oo-liexahyoro 8e-mothoxy-5 mettiyl-. U.b/ ...................Serwl, laceanthrytenet methyl- 1,2-<Jihydn>3 11016 .................. 0on7r' larndire il`J'H ................... 3,4 l- i ticr'd'ifO lJ0l7.......................9or'24' i.r'i^Kitle U0i3...................... BomUlAhthrr.c'no U013...................... l.fc-Bci ?j,ithracene IJ094...................... 1,2 ici'U`d`,hrc>t one, 7,12'dimetrylIJOli .................. flenTfr.?nine (l,'r) U,`4...................... Ben/t*' .me, 4,4'H;artx>nlmioovltM8(N,N- L,"49.... d.tib.'n;1' Benzer.b.T.me, 4-cMor6'2-methyt- U093k, Ben3t->ur,ttne`N,N'-dtntelhyl*4`phOnylazo- U169 ............ ,, ,, B`n?jr''n,ne, 4/.'-m6lhylcnt.-bid(2 -'`'loro- U222.................... Rwfvedcidii/,0, 2 mi-thy}-, hjdrxhtonue U101.......................Bonzonamirw, 2`hwlhy1-5-iitio U019.................. .. Ber .,o; (i,T) 1/036..................... Sen/uJttC 's*cW. 4-chlof0-alph8'{4cr> , nyi) aip|>a-hy'1r'.,,;y1 ethyl eetei J03C............... Bert**1 *\ I ororij-4.phefi3xy- U037 ................... , Otiejvf'f JiQO...,--.............. 1,? B^.zen^dlceibcxytc 5cd wmydtkie U028--I.Z'Bt-n? /nedtceibexytlc acri, [tji&(-ethvU herf, l tMer U0`.................... 1 7 Pr.'*/*`--'dicerb0)iflic *cid, diln/vi n*lw LK>o8^................... l 3 n* v iMVtw'Vtc end. ditfthyt <Mirr lllllj 1*-i *,mil. .-`ti *\ in; tk.nl, eNK* UI07................... 1,2 FA,'Unf'dto'lbOJiyllc dCNt, ilkn-octyl 51* it U070....................... Ben^eoe, i,2"dM:hkyc^ U071....................... Benawe, i,3-dK;Moro- U072,,.................... Benzene. 1,4-dtchloroU017.... ................. Benzene, (dtaWoromethyl)- U223^,m,,. Benzene, l,3-dli5ocyenatomethyl-<R.T) U239...................... Benzene, dimethyl-(l,7) 0201....... i: itS-Seiaewllof' U127.................... . Benzene noxerhiom* U058...................... Benzene, nexanyd'o- (I) U188.................... . Benzene, hydroxy* U220.................. .. Benzene, methyl- U108,.,,.... ............. Benzene, i metnyi-i-2,4-diniiroU108....................... Benzene, l-rrrtlhyi-S.tJ'dlnltroU203 ............ +,, Benzene, 1 ^'metoy(ened)dxy-4-elyt- U141............. .... Benzere. l^rnethyteneUtoHy^-ptopAnyV U090...................... Benzene 1,2-methi4eni'dtoiry-4 propyl* U055................ .. Benzene, (1 -mMh)rtethyl)- (1) U169................... ... Benzene, nttro- (l,T) U183..................... Benzene, pentechtoro* U18S....................... Benzene, penteohtofo-nitroU02....TO.....,,^,,:.,Penienesui1omc ebd chtonde (C,R) UQ20....................... Benzeneatjifonyl chloride (C.R) U207................. .. Benzene, 1 2,4,8`letrechfordU023.............. ........ Benzene, (triQhtoromethyt)-(C,R,T) 0234,,.................... Benzene, 1.3,5-<rinrtrO' U021....................... Benzidine U202....................... 1,2'en^>90thiezoHrt3-one, 1,1 -dioxide U120................ ...... Benzol |,KiMuoren# U022- .................. Benzole Ipytene U022....................: 3,4-Benzocyrene 0197........... ........-p tdnzoouinone U023.... . Beraotochionde (C.FVT) U060--................ 1.2-Benzphenanthfene U06S......-.....*...... ^-Btoxiiene (l,T) U021.......................(1,1-Biphenyt>-4.4'Ktemine U073............. (1,1'-fle)nenylH.4,'dleni<ne( 3,y-0to>#uio- UO01------------ ----- - <1 .t'-BiphenyiHiA'-cRemine, 3^-dlmh> fifcy CCR 000040779 Federal Register / Vol. 45, No. 229 / Tuesday, November 25, 1980 / Rules and Regulations 78543 Hazardous watt* No. Substance Hazardous Waste No. Substance Hazardous Waste No SubStanca 0095................... (t.t-BtpbenytH>4'*diamlnel 3.3'-dknsthyt> 0024 ................ Bis(2-.QhloroetiO*y) methane U027.......... ......... Ba(2-chterotaoprapy0 ittar U244.................... Bis(dmethytthiocartMmeyO dtauttde 0029 .............. 0*(2^myttaxy<) phfidtt# 024fl.................. Bromine cyanide U27ti................... BfOmolofitl 0030 ................ S-Brumofihanyt ptanM attar uun ............. i>Bwtadiene, i,i>2r3<4.4-taNScN0r9' U172.................... I-Butanamine, N-butyl-N-nttroaoU035.................... Butanoic add. 4-(B*N2-chloroethy1)arnino] benzene- 0031 ................. i-Butanol (1) U159.............. .....^Butanone (t,T) Ut60----2-Butanonft perurida <R,T) 0053--_____ _ 2-ButanaJ 0074.............. ..... 2-9utene. 1,4*(4chtoro (I.T) U0S1,,__ _______ n-Buty* aichohol (1) 0138.................... CacocMiO *c*3 0032 ........ ....... Calcium chromate 0236.. ............... Carbemtc aod, ethyl aster U179....................Carbamic ackt matbytnitroao-, ethyl ester U178,,.................. Carbamide, N-ethyt-N-nttroso- U177.Carbamide. N-methyt-NHitiuao0219_______ ___ Carbamide, thto- U097....................Carbamoyl chloride. dSnethyt02T3........... Carbontc acid, rtthaagimF) salt U156.................... Carbonochtoridte acid, methyl eater (I.T) 0033 ................ Carbon oxyfluonde (R.T) 0211.................... Carbon tetrachloride U033 Carbonyl fluond* (R.T) 0034 ................ Chloral 0035 ................ CWorambudl 0036 _________ Ghlordane, technical 0028___________ Chbmaphaztna 0037 ................ Chlorobenzene 0245. ..........1 (p-Ch*orobai\zoyt> | msthosy-l* mettykndDle 1 anettn add U030................. * 4-Chloro-m-creeoi 0041 ................. 1 Chlore-9,9 eposypropape 0042 ............ . 2-Chkroathyl ytnyt ettar 0044.. .............. Chloroform 0646.--............... CMoromethyl methyl ether 0047______ ___ _ beta-ChkMflapNhdane 0046........... ........ o-Chkxophenal 0049.................... 4-Chiofo-o-tohJidtna, hydrochloride 0032Chromic add. cafttam art U050___________Chrysene U051.--........... Creosote 0058.....w,,..... --Creeds U052.................... CresyUc add 0053................ . Crotonaldehyda U05S,,-- Cuaiena (9 0246Cyanogen bromide 0107............ ...... 1,4`Cydoftextdtonedtofte 0056.............. -- Cyclohexane (6 U057.TM.,*.,,,,.. Cyclohexanone <9 0130---------------- 1,3-CydopantBdtona. chtorO' 12A4^.54w- 0050.. ._.,,_^... CydophoaptamUe 0240 ................. 2,44-0, salts and asters U060______ __ _ Daunomydn 0060__________ 000 U061 DOT U142.................... DecachioibOOtahydrtt3,4-methano^H cydobotalc^peHtaien a owe 0062................... Oisltete 0133.............. . Dian*ne(RT) 0221_____ ___OMmlnotohiene 0063 Dibenz*LhltM*w*oene 0063.................... 1,2:5.60benzanthraoene 0064--_________1,27.6-DfeanaopyvetW 0064Dibenz{aJ]W*t 0086..........,,........ 1.2-Dibromo-3-chlerepropane U089Dlbutyt phfteiate 0062....................S-<2.3-OicoroeM dtoopropykhiocaKbamat* 0070___ _______ o-0*chkwoberene 0071__ ________ m-OeWwebamene 0072...........p-Dwhlorobencene 0073.................... 3^`-OichlorcbanzMna 0074.............. -- 1,4-OtchtofD^'btrtan* |I,T) 0075--__ --..... Ochkxoddiuoromathene U192...................... 3,5'DichlorO'N-(1,1-d9nethj4>2>prepyny0 banzamide 0066........... --.... Dichloro diphenyl dfchJoraettwne 0061............ ... Dichiofo diphaeyt trichtoroathane 0078. 1,iOichiereathytena 0079 1.2-DkMenMih>4ana 0025.................... Dichloroethyl ether 0061,................... 3.4-OMMdrephanoi 0082............... 2^-Oiohkopheno< 0240__.....*....... g^-PtcNorophanoxyaoetic add, setts end eaters 0083 1.t-Oichtoropropane 0084 1,3-Diehioropropene 0065 0106 0088 ... U0S7.. .i. 0088..... 0089..... 0148..... 0090 1.23.4- Diepoxybutane (I.T) 1.4- Diethylene dioxide N.N^dathythydnudne Q,CWtath^>mathytHMhlephuai>l>ata Oethyr phthetete OiethyifMtMskol i ^Oihyd>o^,8-pyi>dliinadiena U091 0092 3,3'-Oimethoi<ybawzidita 0093__ DStathyiawilnoazobanaana 0094 7,12-DmelhylbanztaJanthncena 0095 3rT'OlmathyibaiMta 0096--.. Ipha.aipha^tmathyttwnsylhydropafbM^ W- 0097____ _ Dimethyicarbamoyt chiehda 0096__ ________ 1.1-Otmetiythydrazina 0099..__ *.......... 1.2-OimathylhyUiSdna 0101...... __.... 2.4-Olmethytphanai 0102.................... Dimethyl phthalate U103.................... Dimethyl auHsta U105................... 2.4-Oin(tiotoluena otoe... ........ * 2.8OMtrot0Srana 0107__ ________ Oi-rvoctyt phthalate 0108.. _ 1.4-Otoxane 0109 __ 1^-Qphenylbydradna 0110.............. Otpropyiamma (I) U111............- O^N-pr^yinitroiaamine U001...... ...... _ Elhanal (Q U174........... ..... BVienamme, N atfiyl M nlbueu U067.................... Ethvia. 1,2-dibravno0076.................... thane, 1,1-dtehiorn- 0077.................... Ethane, l.2-d<chloro0114................... 1.2-Ethnedlyl6iacarbemodlthiDlc add U131___ -______ Clhene, ltltl^A2<hiachiav 0024................... Ethane, i,rtmethylensbia|0iry)]Ma(2- cbioro- 0003. . ..... Ethanenitrlle (I, T) U117......... ........ ,, Ethane.I.l -wybts* f) U065-- Ethana. i.r-eKydaU^More- U184.....-.^.Ethane, pentachiorth Ehma t.i.ijlbstrachtora^ 0209 ................. Ethane, l.l^-tetracMttb0218----------------- Elhanathioamide 0227.. ............... Ethane, I.VZ-triChfcxO* 0043------------------- Ethane, chimo- 0042--.. .--Etwna, 2-chion>ettaKp- 0076............... Ethane, l.l-dJchtore- U979........ tfwne. tmna>1.2>dcbiord- 0210 --------- -- Ethane, t.l Jl^etrachtom* 0173.---------------- Ethanol, 2,2Wnitroaoirw)Us- 0004.......... Ethanone, 1-phenyl. 0006................. . Elhanqyt chlortda (CAT) 0112......................Ethyl acetate 0) U113.................... Ethyl acrylate (I) 0238.--............... Ethyl carbamate (urethan) 0038.................... Ethyl 4,4'-dlchlorobaftz]tate 0114 ................ Ethyieoeto!a(dthtoeMbemic add) 0087.. ..a,,.......... Etyiene dbromida 0077.. .-,.......... Ethylene dlchlortde 0115 ................ Ethlana ojdda (1.7) 0116 ................ Ethylene thiourea 0117 .. --_ Edvl ether <T) 0076.---------------- Ethytklene dtchkride 0119.. .....--..... Ethytmethacrylate 0119................... Ethyl methanaaidtansee .......... Ferric devtran 0130-.-------------- FtwaSsw 0122........... -.....- Formaldehyde 0123-....... --..... Formic add (C,T) 0124___________Fusee 6) U125....................2-Fursncarboxaldehyde (0 0147.................... 2.5-Fwsndk>ne 0213........--Furan, tetrahydrb- (1) 0125--FtehaM (6 0124.......... Fuduran (9 0206------------ D'ORjcopyisnose, -Z-deqxy-2(>mothyW-ni- 0163.......----.... Guanidine, finitroeo^methyl-^riftro- 0127 ....-...... . 1 leaechlonafterdene 0128 ....... Heee'hiwtdutartSvM U129.....-----------Haxaohiorocyclohexane (gamma ieomar) 0130.,.--............ HaNtcNorbeydopentatiene 0*31..--^ I leirittloauetrsme* 0099 0243.-------------Mexachfcropropene 0133----,, Hydmtfta (W.T) 0066-----------------Hydraaok t*die<*t' 0096..^---- -------- Hydrazine, 1,1-dbhethy^ 0099............ Hydredne, l^dbnadiyt- 0109.................... Hytelne. l^-dphenyi- 0134 .................. HydrofKionc add (C.T) U134............ . Hydrogen fluoride (C.T) 0135 ................. Hydrogen eufflde 0096.................... Hydroperoxide, 1-methyl-1-ptanyiethyi-(R) 0139.................... Hydroirydimethylarsine oride Of to.................... 2-lmMajuMArwmiOfte 0137 ................. tndenol 1,2,3-cd Ipyren* U245............. indomeihadn 0139 Iron devtran 0140 isctoutyt alcohel (I.T) 0141 isoeeilrole 0142 Kapone 0143 ladocarplna 0144 ............. Lead acetate 0145 ....... ......... Lead phosphate 0146 ................. Lead eubeoetate 0129.................... Undent 0147 ................. MaMc vihydrlda 0146 .............. MdalehyMd* 0149 ................. Matonomtri* 0150 ................. Melphelan 0151 ................. Mercury 0152--............. . Mefliacrytonitrile (I.T) 0092.................... Methanermna, N-mathyl- (I) 0029..................:. Methane, bromo- 0045 ............. . Methane,'ChtorO- (I.T) 0046 ............ .. Methane, emcromethoMy- 0066.................... Methane, dbromo 0080..................... Methane, dschkxb- 0075.................... Medtane, dieNoredMuorch 0138 ................. Methane, iodo- 0119.. ......... . Methane&utfomc add, ethyl eater 0211.................... Methane, tetrachtoro- 0121 ................ Methane, flichiorofluorp- 0153 ............. . Methenethtoi (!,T) 0225.................... Methane, fdbrome- 0044 ................ Methane, iriehMro- 0171.................... Methane, tnohlereflumu- 0123 .................. Methanoic add (C.T) 0036.................. 4,7-Mttthandndsn, l.M.fi.6,7,a.8-octa- dd0>e-3e,4,7,7atetrahydn>- 0154 ................. MaAendO) 0155 .............. . Mathepyrilene 0154............. ...... Methyl alcohol ft 0029.. -........... Methyl bromide U186..................... 1-Methyftxitadtoneft 0045 ............... Methyl chloride (I.T) U156,,,................. Methyl chlorDcerbonata (I,T) 0226.. .............. Mathylchioiolorm U157............... . 3-Methytcholantlvene 0158.. ...--....... 4,4'-Mathylenabla(2-chioroanllina) 0132....... 2,y<Meth>Mneftifl(3.4.6-trtchlQropheool) 0088.................... Methylene bromide 0080.................... Methylene chloride 0122 Methylene oxide 0159 Methyl ethyl ketone (I.T) 0160. 0138, Methyl ethyl ketone peroxide (ft.T) Methyl iodide 0161.. ..--........ Methyl leobutyi ketone (!) 0162 ................ Methyl methadytete (I.T) 0163.................... N*MeAyt X'-nflro^SHiltrwoguinldlna 0161.................... 4-Momyt-l-pentanone (0 0184.................. . Methyflhloursdl U010.................... Mitomycin C 0059............ -.... 9,12-Naphthaeenadtena, (9S-ds)*6^catyl- 10-((3-amlne-2.3>6-trideoxy-lpha4.-lyxo- haxopyranoeyl)OKyl] -7,8,9,10-tetrahydrp- 0165. 0047, Naphthalene Naphthalene, 2-chkjro- 0166. 2,7-Naphthalaiisilauflutik. add. dknethyHi, i '-Uphany(M.4'diyl) )-bis (azo)bis(5-amino-4-hyd uxy)-.tetrseodkim alt 0166 1.4,Naphthequlnone U167--................ 1`Naphthytenm# 0166.................... 2-ffephthylamint 0167................... ^)ha-Naph6tylamlna 0168................ .. 0026.................... 2-Naphthytamme. methyl)* N,N*-biS(2-ctSoro- 0169____ ______ Nitrobenzene (IT) U170.... --............ 0171..................... 2-Mtopropane (I) 0172___ _______ tWdtroaodFn-butytamine 0173............. ...... U174.................... N-Nfeoeodtothytanine 0111*........................ N-Nkroeo-N-propytamine U178.... ............... N-NhroaoftartftAjraa 0177.. N-MbDad46memykffea 0178___________ N-NMroso-N-mathyturatfiane CCR 000040780 78544 Federal Register / Vol. 45, No. 229 / Tuesday, November 25, 1980 / Rules and Regulations Hazardous Watte No Substance U179............... .. . . Jwosopipendrne U10O............... .... N-Nitrosopyrroiidine U181 ................. ... S-NUro-o-tolmOine U193................ .. 1,2-Oxath<o<ane, 2,2-Otfxide uosa................. ... 2M*1,3.2-Oxazapho*ptton. 2-lbn(2- chtpro- ethyDaiMnolteliahydro-, oxide 2- U115 ............... . Oxirano (I.T) 0041 ...... ... Oxirane, 2-icMoromethyi)- UI02 .............. .. Paraldehyde U183 ............. ... Pentachtprobenzane U184................. .... Pentachloroethane U185.................. .... PentacMoromtrobenzene U242................. .... Pentachlorophenol U106 ................ .... 1,3-Penlediene (1) U187 .............. .... Pbenacetm U188................. .... Phenol 0048................. Phenol, 2-chloro- 0039 ................ .... Phenol, 4-chloro*3*methy1- U081 ................. ... Phenol, 2,4-dlchloro- 0002................. Phenol, 2,6-dichloro' U101, Phenol, 2,4-dimethyf* U170..................... Phenol, 4-nrtro- U242.................. Phenol, pentachlorty U212.................. .... Phenol, 2,3,4,8-tetracMoro- U230.................. .... Phenol, 2,4,5-tnchioro- U231 . . . .... PttenoK 2,4,6-tncNoroU137 ................ .... I,l0-(l,2-phenylene)pyrene U087.................. .... Phoepftorodtthiotc acid. 0,0-diethy!-, S- methytester 0109...................... Phosphorous suHxJe (fl) Ui90................. Phthaltcanhydride U191. 2*Picol*ne U192.....,.............. Pronamide U194, I "Proparwrwe {!,T) Ui io.................... 1-Propanamine, N*propyt- (I) U06G- Propane, 1,2-dibfDnK^cMorO' 0149, ,, Propanedinitrile U171, Propane, 2-nrtro- (I) U027.................... Propane, 2.2,Qxybta(2*cNor9' 0103.................... 1,3-Propane auitone U23S............. ...... i-Propeool, 2,3-abromo-, phosphate (3?i) U128.................... 1 -Propanol, 2,3-epOty' U140............ ....... 1 *Prop*nol, 2-methyl- (l,T) 0002........ .......... 2-Propanona (I) uoo7.... ................2`Pnjpeoamtde U0B4.............,...... Proper*, 1.3'dfchlQro- 0243.................... 1-Propene, 1,1^,3^-henachioro- U009.................... 2-Propenenhrte 0152.................... 2-Prpenenttrile, 2"methyl (I.T) UOOfi...................iu 2'PfOpeno acid (I) ui .... ..........2-Propenoic sod. ethyl eater (I) Ui 16.................... 2-Propenoic acid, 2-methyl-, ethyl eater 0162................... 2-Propenoc acid, 2-methyl*, methyl eater (I.T) U233.................... Propone acid. 2-<2,4.5*(richk)rophenc<xy)- 0194................. n^opytamine (!,T) 0083.. ............................... Propylenetkchloridfl 0196.................... Pyndine 0155.................... Pyndtne, 2-[(2-(dimethylaiTiino)-2-thenyla* mmoj- U179.................... Pyridine, hexahydro-N*nttroed- 0191.................... Pyndtne. 2-meihyl* 0164.................... 4(lH)*Pyrin*dlnonel 2,3-(ttiydro*-methyl* 2-thsoxo- U180.................... Pyrrole, tetrahydrb-N'Oftroso- 0200 ................ Reserpine 0201 ................ fieecrcinol 0202 .................. Saccharin and sate 0203 .............. Saddle U204 Setemous tad 0204 ................ Selenium toude 0206.. Seta*** d*dfed (R.T) 0015., L'Serme, rfmaeoeWe (ester) 0233. SiNe* 0089. a.S'-StHbenedfol, alpha,alpha'-diethyt- 0208.................... Strept02Qtocin 0135., Sulfur hydride 0103................... Sulfuric add, dimethyl eater 0189.................... Sulfur phosphide (R) U2Q5. Sulfur tetomda (R.T) U232.................... 2.4,5-T U207.................... 1.2.4,5-Tetrachiorobenwne 0208.................... 1,1.1.2-Tetrachforoettiana U209.. 1,1.2.2-TetracNoroethane 0210................... Tetrachloroethylene 0212 2.3.4,6-TetrachlorophenOl 0213 ................ Tetrahydrofuran (I) U2i4 .................. Tha)iium(l) acetate U2is...................... ThaIHumd) carhonate 0216 ................. ThaWum(0 chloride 0217 ............... ThaWum(i) nitrate 0218 ............... Thtoacetamde Hazardous Waste No, Substance U153.................. .... TTuomethsnol (I.T) 0219 .. Thiourea U244 ... Thuam U220 ... Toluene U221.................. .... Totuenedlamma 0223..........,,...... .... ToKmo* dllaocytntt* |R,T) UZ22.................. .... O-TokiWme hydrochloride U011 ................ ... 1H'l.2,4'Trtazol-d-amJne U22 ... 1,1.1-TricWoroethane U227 ... M,2*Tricfl)oroethane U228 ... Tnchkxoethane 0U12221 ... Trichloroethylene ... rrichforomonofluoromethane 0230 ... 2,4,&.TngWOrOOh#nol 0231 ... 2,4,8*Trtehloraphenol 0232.................. .... 2.4,5-Tncntoroohenoxyacetic acid 0234.................. .... aym-Tnr4trobefyione (R.T) U1B2............. . 1,3,5-Triexane, 2,4,5-bimethyl- U23S................ . .... Tn*(2,3^Kjro<nopfopyl) pnosphate U238................. .... Trypan blue U237.................. .... Uracil, 5(Ms(2-cNoromethyl)ariano}- 0237.................. .... Uracil mustard 0043.................. .... Vinyl chloride U239................. .... Xylene (0 U200.................. .... Yohwnban-i8*cart)oxyfic add, M,i7*di* methoxy*l8*[(3,4,5*trimethoxy- benzoyl)oxy), methyl ester. Appendix VIII [Amended} 2. In Appendix VIII of Part 261, delete the following compounds: -Ethylenediamine -N-Nitrosodiphenylamine -.Oleyl alcohol condensed with 2 moles ethylene oxide -1,2 Propanediol Appendix VIII [Amended] 3. In Appendix VIII of Part 261, add the following constituent alphabetically: -Iso butyl alcohol These regulations are issued under the authority of Sections 1006, 2002(a) and 3001 of die Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 USC 6905,6912(a) and 6921. |FR Doc. no-30866 Filed 11-21-80; 31 pm) BtUJNO CODE W0O-3O-M 40 CFR Part 261 [SWH-FRL 1680-5] Hazardous Waste Management System; Identification and Listing of Hazardous Waste AGENCY: U.S. Environmental Protection Agency. ACTION: Grant of temporary exclusions and request for comment. summary: The Environmental Protection Agency (EPA) is today temporarily excluding solid wastes generated at several particular generating facilities from hazardous waste status. These temporary exclusions respond to delisting petitions submitted under 40 CFR 260.20 and 260.22 and are granted pursuant to 40 CFR 260.22(m). The effect of this action is to temporarily exclude certain wastes generated at these facilities from listing as hazardous wastes under 40 CFR 261, and from the management standards issued by EPA under Sections 3002 through 3006 of RCRA (40 CFR Parts 262 through 265 and 122 through 124 of this Chapter). DATES: Effective date: November 19, 1980. EPA will accept public comments on these temporary exclusions until January 20,1981. Any person may request a hearing on these temporary exclusions by filing a request with John P. Lehman, whose address appears below, by December 17, i960. The request must contain the information prescribed in 8 260.20(d) of this chapter. ADDRESSER Comments should be sent to the Docket Clerk, Office of Solid Waste (WH-562), U.S. Environmental Protection Agency, 401 M Street, S.W., Washington, D.C. 20460. Requests for hearing should be addressed to John P. Lehman. Director, Hazardous and Industrial Waste Division, Office of Solid Waste (WH565), U.S. Environmental Protection Agency, Washington, D.C. 20460. Communications should identify the regulatory docket number "Section 3001/Delisting Petitions." The public docket for these temporary exclusions is located in Room 2711, U.S. Environmental Protection Agency, 401M St., S.W., Washington, D.C 20460 and is available for viewing from 9 a.m. to 4 p-m,, Monday through Friday, excluding holidays. FOR FURTHER INFORMATION CONTACT: Myles Morse, Office of Solid Waste (WH-565), U.S. Environmental Protection Agency, 401 M St., S.W., Washington, D.C., (202) 755-9187: SUPPLEMENTARY INFORMATION: On July 16,1980 and November 12,1980 as part of its final and interim final regulations implementing Section 3001 of RCRA, EPA published lists of hazardous wastes from non-specific and from specific sources. See 40 CFR {$ 281.31 and 261.32 (45 FR 47832-47836 and 74890-74892). These wastes were listed as hazardous because they typically and frequently exhibit either any of die characteristics of hazardous wastes identified in Subpart C of Part 261 (ignitability, corrosivity, reactivity and EP toxicity) or meet the criteria for listing contained in 58 281.11(a)(2) or 281.11(a)(3). The Agency, however, recognizes that individual waste streams may vary depending on raw materials, industrial processes and other factors. Thus, while a type of waste described in these regulations generally is hazardous, a specific waste meeting the listing description from an individual facility may not be hazardous. For this reason, CCR 000040781 Federal Register / Vol. 45, No. 229 / Tuesday, November 25, 1980 / Rules and Regulations 78545 { 200.20 and 200.22 provide a delisting procedure, allowing persons to demonstrate that a specific waste from a particular generating facility should not be listed. To be delisted, petitioners must show that the waste produced at their facilities does not meet any of the criteria under which the waste was listed, end, in the case of an acutely hazardous waste, that it also does not meet the criterion of | 201.11(a)(3). (See S 200.22(a).) Wastes which are delisted may, however, still be hazardous if they exhibit any of the characteristics of a hazardous waste and generators remain obligated to make this determination. In addition to wastes listed as hazardous in { 261.31 and 201.32, waste mixtures containing a listed hazardous waste and residues from the treatment, storage, or disposal of listed hazardous wastes also are eligible for delisting (and in fact remain hazardous wastes until delisted). (See SS 281.3(aJ(2)(il). (c), and (d)(2).) Again, the substantive standard for delisting is that the waste not meet any of the criteria for which the waste was listed originally. Where the waste is a mixture of solid waste and one or more listed hazardous wastes, or is derived from one or more listed hazardous wastes, the demonstration may be made with respect to each constituent listed waste, or die waste mixture as a whole. (See $ 260.22(b),) Like other delisted wastes, delisted mixtures and delisted hazardous waste treatment, storage or disposal residues remain subject to subpart C of Part 201, and so may be hazardous if they exhibit any of the characteristics of hazardous waste. EPA recognizes as well that there will be circumstances where immediate action on delisting petitions is appropriate. Therefore, upon Agency review of a submitted petition, the Administrator may under 5 200.22fm) grant a temporary exclusion if there is substantial likelihood that an exclusion will finally be granted. The Agency to date has received 30 delisting petitions. Based on EPA's review of these petitions, seven temporary exclusions have been granted as indicated by today's publication. To allow the Agency to concentrate its efforts on petitions relating to waste listings becoming effective on November IB,T980, the Agency has deferred action on five petitions which involve the interim final waste listings of July 10, i960 (which become effective on January 16,1981). An additional eight petitions have been mooted by amendments of the May 19, interim final hazardous waste listings (see 45 FR 74038 (October 3a 1930) end 45 FR 74884(November 12. I960)). Five other petitioners have been notified that the data supplied is insufficient and that additional information would be necessary in order to process their petitions. The remaining petitions were submitted too recently for the Agency to complete its evaluation by November 19.1980. Additional temporary exclusions may be granted when our evaluation is completed. It should be noted that the Agency has not run spot checks on the test data submitted to date in delisting petitions. The Agency believes that the sworn affidavits submitted with each' petition sufficiently bind the petitioners to ensure presentation of truthful and accurate test results. The Agency may, however, spot sample and analyze wastes and/or groundwater before a final decision is made whether to exclude any particular waste from die hazardous waste regulations. We also note that the temporary exclusions granted today apply only to the Federal hazardous wactc management system established under the RCRA. States remain free to take any action they deem appropriate with regard to these wastes. The temporary exclusions published today involve the following petitioners: The Stablest Corporation. Radnor, Pennsylvania, fin its propond waste treatment/stabilization facility in Groveland Township, Oakland County, Michigan; the Firestone Wire and Cable Company, Danville, Kentucky; the Fosbrink Machine Company, Connellsville, Pennsylvania; the General Electric Campaay/Lighting Business Group, Conneaut, Ohio; John Deere Des Moines Works, Des Moines, Iowa; Johnson Steel and Wire Company, Inc.. Worcester, Massachusetts; and Dresser Industries, Inc./Tool Group, Johnson City, Tennessee. The Agency has determined as a result of analysis of treatment processes, waste constituent and leachate test data, and specific product formulation Bats, that these petitioners may receive final exclusions for their wastes and therefore, that the granting of temporary exclusions is appropriate. The final decision, to exclude the wastes described above, will be made after the Agency receives additional tasting and operational data (as specified in this publication) and review* the comments submitted in response to this notice. Discussion of Specific Temporary Exclusions /. Stableur Corporation A. Petition for Delisting. The Stablex Corporation (Stablex) plans to operate several hazardous waste treatment facilities, utilizing industrial waste treatment processes and stabilization techniques which are designed to produce a solid cementitious landfill material. Stablex presently is applying for the necessary state and federal permits to construct and operate a hazardous waste treatment facility In the State of Michigan. In anticipation of treatment of industrial wastes, Stablex has petitioned the Agency (as required by { 261.3(d)(2)) to delist the treatment residue produced by the Stablex treatment process for the following hazardous wastes; Inorganic Pigments K002 Wastewater treatment sludge from the production of chrome yellow and orange pigments. K003 Wastewater treatment sludge from the production of molybdate orange pigments. K004 WaBtewater treatment sludge from the production of zinc yellow pigments. K00S Wastewater treatment sludge from the production of chrome green pigments. K006 Wastewater treatment sludge from the production of chrome oxide green pigments (anhydrous and hydrated). K007 Wastewater treatment sludge from the production of iron blue pigments. K00S Oven residues from the production of chroma oxide green pigments. Petroleum Refining KD50 Heat exchanger bundle cleaning sludge from the petroleum refining industry. K052 Tank bottoms (leaded) from the petroleum refining industry. Leather Tanning and Finishing K0S31 Chrome (blue) trimmings generated by fiie following subcategories of the leather tanning and finishing industry, hair pulp/chrome tan/retan/wet finish: hair save/chrome tan/retan/wet finish; retan/ wet finish; no beamhouse; through-the-blue: and shearing. -- K0541 Chrome (blue) shavings generated by the following subcategories of the leather tanning and finishing industry; hair pulp/ chrome tan/retan/wet finish; hair save/ chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue: and shearing. K055* Buffing dust generated by the following subcategories of the leather tanning and finishing industry; hair pulp/ chrome tan/ retan/wet finish; hair save/ chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearing. KOS8' Sawar acreenings generaled by the following subcategories of the leather tanning and finishing industry; hair pulp/ chroma tan/retan/wet finish; hair save/ chrome tan/retan/wet finish; retan/wet 1 Tbs Agency hat deleted these wtstee from the hazardous waste list hi finalising the May 19,1980 Interim final regulations (see 4S FR 72036 (October aa 1*90) end 49 FR rrnt (November 12.1900)) so that the petition for delisting residues from treatment of there wastes is moot CCR 000040782 78546 Federal Register / Vol. 45, No. 229 / Tuesday. November 25, 1980 / Rules and Regulations finish; no beamhouse; through-the-blue; and shearing. K0571 Wastewater treatment sludges generated by >..e following subcategories of the leather tanning and finishing industry; hair pulp/chromo tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/ wet finish; no beamhouse: througli-the-blue; and shearing. Ku.ttl1 Wuslewu ter tree tment sludges generated by the following subcategories of the leather tanning and finishing industry; hair pulp/chrome tan/retan/wet finish: hair save/chrome tan/retan/wet finish; and through-the-blue. K0591 Wastewater treatment sludges generated by the following subcategory of the leather tanning and finishing industry, hair save/non-chrome tan/retan/wet finish. Metals Recovery F013* Flotation tailings from selective flotation from mineral metals recovery operations. F014 Cyanidation wastewater treatment tailing pond sediment from mineral metals recovery operations. F015 Spent cyanide bath solutions from mineral metals recovery operations. Scrubber Sludges FO101 Dewatered air pollution control scrubber sludges from coke ovens and blast furnaces. Electroplating F006* Wastewater treatment sludges from electroplating operations except from the following processes; (1) sulfuric acid anodizing of aluminum; (Z) tin plating on carbon steel; [3] zinc plating [segregated basis) on carbon steel; (4) aluminum or zinc-aluminum plating on carbon steel; (5) cleaning/stripping associated with tin. zinc und aluminum plating on carbon steel; and (6) chemical etching and milling of aluminum. F0Q7* Spent cyanide plating bath solutions from electroplating operations (except for precious metals electroplating spent cyanide plating bath solutions). FG08* Plating bath sludges from the bottom of plating baths from electroplating operations where cyanides are used in the process (except for precious metals electroplating plating bath studgeB). FOOP3 Spent stripping and cleaning bath solutions from electroplating operations where cyanides are used in the process [except for preciouB metals electroplating spent stripping and cleaning bath solutions). Metal Heat Treating FOTO2 Quenching bath sludge from oil baths from metal heat treating operations where cyanides are used in the process (except for precious metals heat treating quenching bath sludges). Foil1 Spent cyanide solutions from salt bath pot cleaaing from metal heat treating operations (except for precious metals heat * These descriptions reflect the finalized listing description in 40 CFR 261.31 and 281.32 (45 FR 74890-74092 (November 12,1980).) treating spent cyanide solutions from salt bath pot cleaning). F01Z* Quenching wastewater treatment sludges from metal heat treating operations where cyanides are used in the process [except for precious metals heat treating quenching wastewater treatment sludges). Organic Chemicals K()2l Aqueous spent antimony catalyst waste from fiuoromcthanes production. Iron and Steel K060 Ammonia still lime sludge from coking operations Commercial Chemical Products P010 Arsenic Acid. Foil Arsenic pentoxide. P012 Arsenic trioxide. P013 Barium cyanide. P0Z9 Copper cyanide. P030 Cyanides. P032 Cyanogen bromide. P055 Ferric cyanide. P098 Potassium cyanide. P099 Potassium silver cyanide. P104 Silver cyanide. Pi06 Sodium cyanide. Pi07 Strontium sulfide Pi20 Vanadium pentoxide. PlZl Zinc cyanide. U013* Asbestos. Stablex argues that the residue (called "stablex material'') from treatment of these hazardous wastes should be delisted because many of the hazardous constituents of each waste stream are present only in an immobilized, nonhazardous form, or are destroyed during the treatment process, leaving only negligible concentrations in the final stabilized material. Stablex therefore ' claims that its stabilized treatment sludge no longer meets the criteria for listing contained in 40 CFR SI 261.11(a)(2) and 20Ull(a)(3). B. Support for delisting. Stablex claims that in operating its facilities it uses a prescreening program which accepts only wastes that can be fixed successfully by the Stablex process-- predominately metal and cyanidecontaining wastes. The Stablex process combines various hazardous waste treatment processes (including metal hydroxide precipitation, acid/alkaline neutralization, cyanide destruction via hypochlorite oxidation, and hexavalent chromium reduction and precipitation) with a waste fixation/stabiilzation process. The stabilization process is a mixed batching system which combines the treated waste sludges with cement and fly ash. The stablex material is pumped (as a sludge] to specified landfill sites. This fill material begins to 1 The Agency will delete asbestos from the hazardous waste list in finalizing the May 19, I960 Interim final regulations so that the petition for delisting residues from treatment of this waste is moot set in 24 hours. The resulting stabilized product, the petitioner claims, is characterized by the formation of silicate lattices with "polymer-like" bonds, creating a cementitious material having compressive strength similar to art industrial grout (200-600 osi). Stablex has been treating Hazardous industrial wasles which arc vary similar in composition to the prospective U.S. wastes at its several existing English and Japanese facilities. These wastes includes sludge from the production of paint pigments, still lime sludge from coking operatings, sludge from metals recovery operations, quenching sludge from metal heat treating operations, and assorted sludgeB from electroplating operations. Automotive industry wastes also have been treated frequently. In order to characterize the claimed, non-hazardous nature of the stablex product, Stablex has submitted leachate tests on U.S., Japanese and English stabilized wastes. Total constituent analyses of the stablex material and groundwater and surface water run-off monitoring data (from active overseas operations) also were submitted. Waste streams from a typical range of processes in the U.S. automotive industry were tested, including plating operations (principle constituents nickel, chromium and copper); paint priming (principle constituent zinc phosphate); and waste treatment sludges from painting and metal preparation processes. Specific parameters measured in each EP toxicity test included arsenic, barium, cadmium, chromium, lead, mercury, selenium, silver, copper, iron, manganese, zinc, nickel, aluminum and cyanide. EP toxicity testa were performed on stablex material which was ground to a fine powder to maximize the surface area available to the leaching action of the acidic solutions of these tests. EP toxicity tests performed on stabilized prospective U.S. wastes produced the following leachate results: Leachate Concentration Constituent Parte Pw mutton Barium.... . Cadmium...... Chromium..... CyanOo Lied............ .Marcury....... Selenium...... ......... ....... Silver.... ........ *____ ............... ,, ........ . ................. op 1.4 0.01 0.27 0.8 0.08 0004 0.003 0.01 Note--Totat cooaWuent onafyi* of the stable* material revealed cyanide concentration* of l ppm. In addition, groundwater and surface water run-off monitoring data were Submitted from the Stablex facility in CC 00OO40783 Federal Register / Vol. 45, No. 229 / Tuesday, November 25, 1980 / Rules and Regulations 78547 Thurrock,.England which indicate that the concentration of the constituents of concern in groundwater were below the levels established by the U.S. interim primary drinking water standards. Maximum cyanide levels in groundwater were reported as 0.11 ppm. The Agency notes, however, that the low levels of hazardous constituents reported in groundwater are not necessarily satisfactory indicators of the long term fixation characteristics of a stabilized material (since particular landfill design features may impede groundwater contamination). Indeed, since the Thurrock facility has been operational only since 1978, high levels of contaminants in the groundwater would not be expected at this time unless particularly poor disposal practices were employed. In addition to submitting analytic data. Stablex also offers a number of short-term safeguards to prevent environmental insult while the Agency reviews additional data before making a final decision on whether to grant a final Relisting, Stablex has agreed with the Michigan department of Natural Resources and the EPA to manage the stablex material as If it wore a hazardous waste for the initial two year period of facility operation. During this period, the stablex material will be deposited within a demonstration cell containing a double underdrain/double compacted clay bottom liner and a PVC sidewall liner. The lower liner will consist of 4 feet of compacted clay. (with a permeability factor of 10-7) while the upper liner will consist of 1 foot of compacted clay. A minimum separation of 12 feet between the bottom liner and the groundwater level will be maintained. During rain and winter conditions the stablex material will be placed in enclosed cylindrical molds within the lined demonstration cell to assure proper curing. Leachate monitoring systems will be constructed beneath the stablex material and the bottom liner of the demonstration cell and will incorporate sampling sumps for leachate withdrawal. In addition, monitoring wells will be placed along the perimeter of the placement area. A monitoring program involving analysis of leachate and storm run-off will be established during the demonstration period to determine the stability of the stablex product and the migratory potential of the leachate from the site. C. Agency analysis and action. The Agency's function under RCRA includes the establishment of a national program to improve solid waste management and promotion of environmentally sound hazardous waste treatment and disposal practices. Historically-tested stabilization processes could assume an important role in properly managing hazardous wastes, particularly in view of the scarcity of hazardous waste disposal sites. The Agency has reviewed the monitoring data submitted by the Stablex Corporation from its facility In Thurrock, England. Groundwater samples extracted from the Thurrock, England placement site revealed all EP toxic constituents to be at levels below the U.S. interim primary drinking water standards. The maximum reported cyanide concentration of 0.11 ppm in groundwater is one half that of the U.S. Public Health Service's suggested drinking water standard. Howaver, the absence of high levels of these constituents in the groundwater below a very new lundfill does not in itself indicate long-term inertness of the landfill material. The Agency also has reviewed the leachate tests submitted from the facilities in England and Japan and domestic laboratories. Analysis of the EP toxic constituents in these waste extracts revealed concentrations well below the EP maximum toxicity levels for each waste stream tested. In addition, cyanides were present in the stablex material only in concentrations below 1 ppm, apparently indicating the effectiveness of the cyanide-destruction process. Therefore, based predominately on the test data submitted on prospective U.S. wastes, the Agency is granting the Stablex Corporation's facility in Groveland Township, Oakland County, Michigan, a temporary exclusion for the stablex material produced using the treatment techniques described in its petition, from the following wastes listed in Subpart D of the hazardous waste regulations: Inorganic Pigments K002 Wastewater treatment sludge from the production of chrome yellow and orange pigments. K003 Wastewater treatment sludge from the production of molybdate orange pigments. K004 Wastewater treatment sludge from the production of zinc yellow pigments. K005 Wastewater treatment sludge from the production of chrome green pigments. K008 Wastewater treatment sludge from the production of chrome oxide green pigments (anhydrous and hydrated). K007 Wastewater treatment sludge from the production of iron blue pigments. K008 Oven residues from the production of chrome oxide green pigments. Electroplating F006 Wastewater treatment sludges from electroplating operations except from the following processes: (1) sulfuric acid anodizing of aluminum; (2) tin plating on carbon steel; (3) zinc plating (segregated basis) on carbon steel: (4) aluminum or zinc-aluminum plating on carbon steel; (5) cleaning/stripping associated with tin, zinc and aluminum plating on carbon steel; and (6) chemical etching and miling of aluminum. F007 Spent cyanide plating bath solutions from electroplating operations (except for precious metals electroplating spent cyanide plating bath solutions). F008 Plating bath sludges from the bottom of plating baths from electroplating operations where cyanides are used in the process (except for precious metals electroplating plating bath sludges). F009 Spent stripping and cleaning bath solutions from electroplating operations where cyanides are used in the process (except for precious metals electroplating spent stripping and cleaning bath solutions). Metal Heat Treating F010 Quenching bath sludge from oil baths from metal heat treating operations where cyanides are used in the process (except for precious metals heat treating quenching bath sludges). Foil Spent cyanide solutions from salt bath pot cleaning from metal heat treating operations (except for precious metals heat treating spent cyanide solutions from salt bath pot cleaning). F012 Quenching wastewater treatment sludges from metal heat treating operations where cyanides are used in the process (except for precious metals heat treating quenching wastewater treatment sludges). Metals Recovery F014 Cyanidation wastewater treatment tailing pond sediment from mineral metals recovery operations F01S Spent cyanide bath solutions from mineral metals recovery operations Commercial Chemical Products P010 Arsenic acid. oooo'.o194 COR 78548 Federal Register / Vol. 45, No. 229 / Tuesday, November 25, 1980 / Rules and Regulations ('Oil Arsenic pentoxide. P012 Arsenic trioxide. ['013 Barium cyanide. I'()29 Copper l ^nide. PU30 Cyanides. P032 Cyanogen bromide. P05S Ferric cyanide. P098 Potassium cyanide. P099 Potassium silver cyanide. P104 Silver cyanide. |>l00 Sodium cyanide. Pi 21 Zinc cyanide. Wo remained concerned, however, with the long-term leaching characteristics of the stablex material (and residue from other waste stablizntion processes). The Agency, as discussed further below, may find it necessary to have these long-term characteristics addressed before a final delisting is granted. Stablex* two year management pledge, however, is a safeguard during that period. D. Wastestreams for which Stablex submitted insufficient data. The Agency has deferred action on the stablex material produced from the treatment of the following wastes due to submission of insufficient test data: Organic Chemicals K021 Aqueous spent antimony catalyst waste from fluoromethanes production. Iron end Steel Knoo Ammonia still lime sludge from coking operations, Petroluum K050 Heat exchanger bundle cleaning sludge from the petroleum refining industry. K052 Tank bottoms (leaded) from the petroleum refining industry. Commercial Chemical Products P107 Strontium sulfide. Pi20 Vanadium pentoxide. Stablex has been notified of these deficiencies and is presently testing for the additional characterization of the total naphthalene, phenolics, carbon tetrachloride, chloroform, antimony, strontium sulfide, and vanadium pentoxide concentrations in the stablex material. If this data indicates that these constituents are either destroyed or immobilized as part of the treatment process, the Agency expects to grant a temporary exclusion for these waste streams as well. Data has also been requested characterizing the effects of organics present in petroleum refining wastes on the leaching characteristics of the metal constituents and on the overall stability of the stablex material, E, Agency information needs for final delisting. The Stablex Corporation has been notified of a number of information ncedB before a final delisting can be granted. This information includes all test data previously mentioned in section D of this publication, as well as four repetitions of the EP Toxicity test for metals and cyanide, on each prospective U.S. waste on both cured and uncured stablex material; submission of a complete set of borehole monitoring data throughout placement ureas in England and Japan, and a detailed description of the process and of the safety and monitoring features incorporated into each pretreutment operation. In addition, data addressing the long-term leaching characteristics of the stablex material should be presented. The Agency also may condition any final exclusion upon performance of certain operating standards such as continuous groundwater monitoring. II. Firestone Wire and Cable Company A. Petition for delisting. The Firestone Wire and Cable Company (Firestone), involved in the manufacture of high strength wires and strands, has petitioned the Agency to delist its wastewater treatment sludge, presently listed as EPA Hazardous Waste No, F006 (Wastewater treatment sludges from electroplating operations except from the following processes: (1) sulfuric acide anodizing of aluminum; (2) tin plating on carbon steel; (3) zinc plating (segregated basis) on carbon steel: (4) aluminum or zinc-aluminum plating on carbon steel; (5) cleaning/stripping associated with tin, zinc, and aluminum plating on carbon steel: and (6) chemical etching and milling of aluminum.4 Cadmium, chromium, nickel, and cyanide are the hazardous constituents of this waste. Firestone has petitioned to delist its waste because it does not meet the criteria for which Hazardous Waste F006 was listed in Part 261, Subpart D. Firestone utilizes the processes of wire drawing, heat treating, acid and alkali cleaning, electroplating, electrochemical displacement deposition and twisting, in its production of steel wire and strands. Firestone indicates that since Ub electroplating process uses brass (copper and zinc) and bronze (copper and tin), its waste cannot contain hazardous levels of cadmium and chromium. Firestone further states that the cyanide destruction process eliminates all but negligble levels of cyanide in the sludge. Firestone's brass and bronze cleaning and plating operations use hydrochloric and sulfuric acids, sodium hydroxide, copper and zinc cyanide, and copper and tin sulfate. These chemicals are rinsed from the wire after each process `This listing reflects the finalized listing 40 CFR Pert 261. Subpart D, November 12.1980. step. The rinse waters are piped directly to the effluent pretreatment plant. The pretreatment plant operation of acid neutralization utilizes alkali addition for pH adjustment, while the cyanide destruction process involves oxidation by chlorination. The sludge cake produced by flocculation, clarification, and filtration consists primarily of the hydroxides of iron, copper, zinc and tin. B. Support for delisting. The Firestone Wire and Cable Company has submitted a detailed description of its sludge pretreatment system, results of influent sludge composition analyses. EP toxicity test results, distilled water leachate tests for cyanides, and total consituent analyses of sludge samples for chromium, cadmium, nickel and cyanide, Samples were obtained over a three month period to represent the uniformity of constituent concentrations in the waste. The total constituent analyses revealed concentrations of cyanides in finished sludge of <2 ppm, while leachate tests produced cyanide leachate concentrations of <0.08 ppm. EP toxicity tests involving cadmium, chromium and nickel produced leachate levels of <0.1, <0,1, and <1 ppm respectively. C. Agency analysis and action. The constituents of concern for Hazardous Waste No. F008 are cadmium, chromium, nickel and cyanide. Firestone does not use cadmium, chromium or nickel in its electroplating process. Cyanides however, are used and therefore may be present in the sludge. Firestone has, however, sufficiently demonstrated that its sludge pretreatment system removes the majority of cyanides from its waste, leaving residue concentrations of less than 2 ppm in the sludge. The cyanide leachate values of <0.08 ppm are well below the Public Health Service's recommended drinking water standard. Total constituent levels of cadmium, chromium and nickel concentrations in the sludge of <1,13, and 4* ppm respectively support the fact that the Firestone process does not use these metals in their plating operation. They apparently appear only as contaminants in other process solutions. Leachate concentrations of <0.1, <0.1, and 1 ppm for cadmium, chromium and nickel respectively, indicate that these elements also are present in essentially an immobile form. Firestone therefore has presented sufficient data indicating the nonhazardous levels of cadmium, chromium, nickel, and cyanide in their waste. The Agency also acknowledges that the cyanide pretreatment operation is effective and employs satisfactory 0000*0785 CCfc Federal Register / Vol. 45, No. 229 / Tuesday, November 25, 1980 / Ruins and Regulations 78549 safety features, including transfer pumps automatically triggered by alkali/ chlorination sensors, and a standard sampling operating procedure prior to the transfer of wastes to the pH adjustment tank. The Agency therefore has granted a temporary exclusion to Firestone's Danville, Kentucky facility for their electroplating wastewater treatment sludge, as described in its petition, from its listing under EPA Hazardous Waste No. F006. ///. Fosbrink Machine Company Incorporated A. Petition for delisting. The Fosbrink Machine Company (Fosbrink). involved in the manufacture of wire and wire products, has petitioned the Agency for the delisting of its sludge, formerly listed as EPA Hazardous Waste No. K063, sludge from lime treatment of spent pickle liquor from steel finishing operations.5 Fosbrink has petitioned to delist their waste because it does not meet the criteria for listing. The Fosbrink Machine Company utilizes the processes of cold drawing, pickling and lime treatment in the production of wire from wire rods. Its waste treatment process for spent pickle liquor rinse and overflow wastes involves neutralization, oxidation, flocculation, settling, drying and recycling of the liquid waste stream component. They claim their sludge is environmentally stable and non* hazardous, and specifically that its sludge does not contain hazardous levels of chromium and lead, the constituents of concern in the spent pickle liquor of hazardous waste K062. Fosbrink has submitted a detailed description of their sludge treatment system, and EP toxicity test results for all toxic constituents specified in Section 261.24 of the regulations. The sludge samples were taken over a one month period to represent sufficiently the uniformity of constituent concentrations in the waste. EP toxicity tests involving chromium and lead produced leachate levels of <0.04 and <0.03 ppm, respectively. B. Agency analysis and action. The constituents of concern in this waste, are chromium and lead. EP extracts from sludge samples analyzed by Fosbrink show lead and chromium consistently below the national interim primary 1 On November 12.1960 (45 FR 74884), EPA removed waste K0G3 from the hazardous waste list ( 261.32). However, since these lime treatment Kludges are generated from the treatment of a listed hazardous waste (KW2). they still are considered to I>f a hu/unlotie waste (I 281.3(c)(2)). Further, they renutm hjii/uirdous WHstee until they no longer meet any or the characteriatics of hazardous wastes and tire delisted ($ 261.3(d)(2)). drinking water standards. Those low leachate levels indicate that the constituents are present in essentially an immobile form. The Agency therefore, has granted temporary exclusion to the Fosbrink's facility in Connellsville, Pennsylvania for its treated pickling rinse and overflow wastes, as described in its petition, IV. General Electric Company A. Petition for delisting. The General Electric Company/Lighting Business Group's, Conneaut Buse Plant (General Electric), involved in the production of light bulbs, has petitioned the Agency to delist its wastewater treatment sludge, presently listed as EPA Hazardous Waste No. F006, (Wastewater treatment sludges from electroplating operations except from the following processes: (1) sulfuric acid anodizing of aluminum; (2) tin plating on carbon steel; (3) zinc plating (segregated basis) on carbon steel; (4) aluminum or zinc-aluminum plating on carbon steel; (5) cleaning/ stripping associated with fin. zinc and aluminum plating on carbon steel; and (6) chemical etching and milling of aluminum.) General Electric has petitioned to delist their waste because it does not meet the criteria for which Hazardous Waste F006 was listed in Part 261, Subpart D of the regulations. The General Electric Company uses a "bright-dip" etching and stamping process for its light bulb bases which is characterized as an electroplating operation under Hazardous Waste F006. General Electric claims that the chemical etch or "bright-dip" process employed this facility does not use any of the hazardous constituents for which Waste No. F006 are listed. Instead, an aluminum and brass (copper and zinc) chemical etching.process utilizing nitric and sulfuric acids is used. The stamping process generates a light diluting cutting oil as a waste stream. General Electric further states that its wastewater treatment process combines the streams for these two operations, and as a result, cracks the oils from the stamping process (due to the action of the etching acid wastes). The addition of sodium hydroxide, it is claimed, neutralizes these acids, rendering the waste nonhazardous. General Electric has submitted a detailed description of the etching and stamping processes utilized at this facility to indicate that the listed hazardous waste constituents of Hazardous Waste No. F006 are not used in its operation. General Electric has also submitted constituent analyses and "This Hating reflects the finalized Hating 40 CFR Part 261. Subpart D, November 12,1960. leachate tests of their sludge for chromium, cadmium, nickel and cyanide. Total constituent analyses revealed concentrations of <10, <22, <8 and < 005 ppm for chromium, cadmium, nickle and cyanide, respectively. EP toxicity tests produced leachate concentrations of <0.01, <0.02, and 0.08 ppm for chromium, cadmium, and nickel respectively. The levels of cadmium, chromium and nickel which appeared in these wastes are attributed to unknown sources, since they are not used intentionally in the process. B, Agency analysis and action. The hazardous waste constituents for which EPA Hazardous Waste No. F006 is listed are cadmium, chromium, nickel and cyanide. General Electric has submitted sufficient evidence that the wastewater treatment sludge produced in its chemical etching process does not contain hazardous levels of these constituents. Concentrations of cadmium, chromium and nickel in EP extracts of the sludge were consistently below the national interim primary drinking water standards. The low leachate levels indicate that the constituents of concern are present in an immobile form. Cyanide concentrations of <0.005 ppm in the sludge are considered negligible. The low concentrations of these constituents are probably a result of unknown minor sources of contamination and background levels, rather than direct use of these constituents in the process. The Agency therefore, has granted a temporary exclusion to the General Electric Company, Conneaut Base Plant, for the wastes generated by its "brightdip" chemical etching and stamping process as described in its petition, listed under EPA Hazardous Waste No. F006. V. Dresser Industries, Incorporated A. Petition for delisting. Dresser Industries, Inc. (Dresser), involved in the manufacture of hand tools, has petitioned the Agency to delist its sludge, formerly listed as EPA Hazardous Waste No. K063 (sludge from lime treatment of spent pickle liquor from steel finishing operations).17Dresser has petitioned to delist their waste because it does not meet the criteria for listing. Dresser utilizes the processes of sulfuric acid pickling, phosphate coating 7 On November 12,1980 (45 FR 74884), EPA removed waste K063 from the hazardous waste list (9 261.32). However, since these lime treatment sludges ere generated from the treatment of a listed hazardous wuste (K062), they still are considered to be a hazardous waste (9 261.3(c)(2)). Further, they remuin hazardous wastes until they no longer meet any of the characteristics of hazardous wastes and are delisted (9 281.3(d)(2)). CCR 000040786 78550 Federal Register / VoL 45, No, 229 / Tuesday, November 25, I960 / Rules and Regulations and cold extrusion of medium carbon non-alloyed steel in the production of hand tools. Its waste treatment process for spent pickle liquor, pickling rinse ;md ove rflow wastes involves "cnlmlt'/ntion (using lime and sodium hydroxide),, flocculation, settling, and filtration. Dresser claims that its sludge is environmentally stable and nonhazardous, und specifically that it does not contain hazardous levels of >. f-mmium and lead, the constituents of concern in the spent pickle liquor waste K062. Dresser submitted a detailed d"siription of their sludge treatment system, and EP toxicity test results for a! '.)\i,, constituents specified in CM,24 of the regulations. Thr. samples vc taken over a one month period to r-- i.seot sufficiently the uniformity of ii . _u-..it concentre tiors in the waste. ' o i .ity testy performed on the waste o;i chromium end lead leachate , . o' . o in and <!!.?? ppm, - : or, ;v11 ' : ) -ry analysis and m tiun. The crP' of concern n thft*waste me r end lend. lit' e .Iracfr From : , 'c i, mi l"s analyzed by Pre- _, , ' ' a leaf ; id chroni'son conalsum.tiy ` . t1 , ihe maximilm EPtov.c.ity' r i low leachate lev ' 'hat the coi'-litwida ere "i cntiailv an itrimoH!-' feme .' n',>, therefore, has "ranted .oiv'.iry i 'elusion to Dresser';, htcilily 'hti'i.ei City, Tennessee for its a.1 hja.nt pickle liquor nnd'pickling iic-c \vaste sludge, as described in its pe-f- v / Jj. 'man Steal S' Wire Company, inc, ' ilion fur chlisting. The Johnson h '"! ;d(J Wile Company (J-S&W), i.'.voi vc'i in the manufacture of specialty fo'i'oc , v ire, has petitioned the Agency to fie'',," us sludge, formerly listed as i i 'v Hazardous Waste No. K063, (sludge f- i>m imio treatment of spent pickle ' a from steel finishing operations).' . W has petitioned to delist their ...rite because it does not megj the, criteria for listing. jS&W utilizes the processes of cold h awing, hydrochloric acid pickling, and replacement coating of tin, bronze and phosphate in the production of ferrous wire. Jin waste treatment process fot spent pickle liquor rinse and overflow "On November 1Z, 1880 (45 FR 74884J, EPA removed waste K063 from the hazardous w&ste Hat (9 261.32). However, since these lime treatment sludges are generated from the treatment of a listed hazardous waste (K062), they still are considered to be a hazardous waste (9 261.3(c)(3)). Further* they remain hazardous wastes until they no Ionsftf meef, any of the characteristics of hazardous wasfeeuhd are delisted (9 261.3(d)(2)). wastes involves neutralization, lime and and chromium present at non-hazardoua polymer flocculation, settling,, anil levels and in essentiaUgrfn immobile pressed filtration. They daim their form. In addition, JohnEfeen states that sludge is environmentally stable and nickel and cyanide are not used in its uon<hazardoas,.and Specifically that the electroplating processes. sludge does not contain hazardous v John Deere submitted a detailed lev els of chromium and lead, the description of its waste treatment constituents of concern in the spent system; EP toxicity test results for p::;kle liquor of waste K002. cadmium, chromium, and nickel; and JSSAV submitted a detailed decription total and amenable cyanide ano lyses of of their sludge treatment system, and EP its sludge. toxicity test results for all toxic John Deere utilizes a lime/cationic constituents specified in 201.24 of the polymer, pH regulated, precipitation regulations. The samples wtfe taken waste treatment system. EP toxicity over a one month period to represent tests for cadmium, chromium and nickel sufficiently the uniformity of constituent performed on the resultihg ahidge cake concentrations in the waste. EP toxicity > produced maximum leaahatf ' '.cals revealed chromium and lead levels concentrations of 0.08,. .87, and 0,66 ppm,. >n the waste exiractof 0.07and 0.04 respectively. The totalconcentration of - ppm, respective); . nickel and cyanide in sludge were B. Agency analysis and action. The reported at 10.6 and <0.t3 ppm, cr nstituentg of concecn in this waste, respectively. The concentration of c; j Tromium and lead. EP extracts from cyanide amenable to chlorination (free k, ' ga samples analyzea'by JS&W.-jhow cyanide) was determined to be <0.007 h iu end chromium consistently wdlK' , I . .. ,v ihi) mexitmim -EP toxicity levels. ' -e low Iqach.ite levels indicate that 1 i jonstilucnts uro ptesent ia- ... i .> Tioily an immobile foim. The ` > ,in-y ihiaei'ore, has .granted a , . tempo ary i xclt.'ion to the JS.vW's ., facility ia Worcester, Massachusetts.fcr .V ppm* II. Aymwy analysis and action. The hazardous waste constituents for whichWaste No. K.XM is listed are cadmk m, chromium, nickel and cyanide. Although John Deere does not use nickel and cyojoiide in its electroplating process, cadmium end chromium are-used and os in-itcri woirt-pidde liquor, ns (h-Miiibed in its petition. are present in ihe sledge. These , . constituents appear) however, to be - , 1 11. John Deere Des Moities Works , ,, present in an 'immobile form) ' A. Petition for delisting: John Deere Dos Moines Works (John Deere), n. company manufacturing farm equipment and muiinuety, haapelitioned the Agency to delist its Wastewater ' treatment sludge, presently listed as EPA Hazardous Waste No, FOOG,, EP toxicity test leachate tefsultr-for '--Tv' , cadmium and chromium nre well below . the EP maximum toxicity levels and indicate the-immobile nature of these constituents;,The low levels of nickel and cyanide in the sludge (10.6 and 0,13 ppm respectively) indicate that these (Wastewater treatment sludges from electroplating operations except from the following processes: (1} sulfuric add anodizing of aluminum; (2)tin plating on carbon steel; (3) zinc plating (segregated basis) on Carbon steel; (4) aluminum or constituents are not used in John Deere's electroplating process but are probably a result of known minor sources of contamination and background levels; The levels of cyanide found in the sludge are below the U.S. Public Health zinc-aluminum plating on carbon.steel; ., Service's suggested drinking water (5) cleaning/stripping associated with tin, zinc, and aluminum piatisg.on carbon steel; and (6) chemical etching standard, andtheiev ieveta offree cyanide indicate that levels of mobile - cyanide are even lower. Hie Agency and milling of aluminum).*John BSera - therefore, has granted a temporary has putitioned-to delist its sludge; exclusion to the John Deere Des MoineS because it does nofmeet the criteria for Works, facility for its treated which it was listed In Part 261, Subpart electroplating waste sludge, as D, of the regulations. described in ffs petition, listed tinder John Deere utilizes the processes of EPA Hazardous Waste No. F006. metal cleaning, metal machining, Dated: November 13,1080. elcctroplattogcfchromhunand zijic, and metal heat'traatjog in the production of farm machinery.di daims that its waste treatment processes successful in generating*mon- , Eckardt C. Beck, Assistant Administrator. It'S Doc. BO-3SS84 Filld 11-24-80: 6:45 am] MLUUO CODE SS80-30-M ( hazardous sludgeeake. with cadmium The Hating reflcith* ftnallzed tilting40 CFR Part 281. Subpart D, ttoveariMf-lS. 1880. CCR 000040787 Federal Register / Vol. 45, No. 235 / Thursday, December 4. 1980 / Rules and Regulations 40 CFR Part 261 [SWH-FRL 1690-41 Hazardous Waste Management System; Identification and Listing of Hazardous Waste AGENCY; United States Environmental Protection Agency. action: Interim final amendment to rule and request for comment. SUMMARY: The Environmental Protection Agency ("EPA") is today amending 40 CFR 261.4 to provide that a hazardous waste that is generated in a product or raw material pipeline is not subject to regulation under 40 CFR Parts 262 through 265 or Parts 122 through 124 or the requirements of Section 3010 of the Resource Conservation and Recovery Act ("RCRA") until it is removed from the pipeline in which it was generated, unless it remains in the pipeline for more than 00 days after the pipeline ceases to be operated for the purpose of transporting product or raw materials. The purpose of this amendment is to clarify that such product or raw material pipelines are not treatment or storage facilities under Section 3004 of RCRA. The effect of this amendment is to reduce the overall costs, economic impact and reporting and recordkeeping impacts of EPA's hazardous waste management regulations. DATES: Effective date; November 19, 1980. Comment Date; This amendment is promulgated as an interim final rule. The Agency will accept comments on it until February 2,1981. ADDRESSES: Comments should be addressed to Docket Clerk (Docket No. 3001), Office of Solid Waste (WH-565), U.S. Environmental Protection Agency, 401 M Street. SW,, Washington, D.C. 20460. FOR FURTHER INFORMATION CONTACT: Alfred Lindsey 755-9185. SUPPLEMENTARY INFORMATION: I. Authority This amendment is issued under the authority of Sections 1006, 2002(a), 3001 and 3004 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6905, 6912(a), 6921 and 6924. II. Background On February 26 and May 19,1980, EPA promulgated hazardous waste regulations in 40 CFR Parts 260 through 265 (45 FR 12721 et seq. and 45 FR 33066 et seq.) and on May 19,1980, promulgated consolidated permit regulations in 40 CFR Parts 122 through 124 (45 FR 33289 et seq.). Section 261.3 provides that a solid waste becomes a hazardous waste when (1) it first meets any of the listing descriptions set forth in Part 261, Subpart D; or (2) it first becomes a mixture containing a hazardous waste listed in Part 261, Subpart D; or (3) it first exhibits one or more of the characteristics of hazardous waste identified in Part 261 Subpart C. The effect of this provision was that hazardous sludges, sediments, and other wastes accumulating in product or raw material storage tanks or transport vehicles were subject to regulation before they were removed from the tanks or vehicles in which they were generated. EPA did not intend to regulate these tanks and vehicles as hazardous waste storage units, except in certain limned situations. On October 30, I960, the Agency promulgated an interim final amendment to 261.4 in order to clarify its intent. 45 FR 72024. That amendment added a new 261.4(c), which provides that a hazardous waste generated "in a product or raw material storage tank, a product or raw material transport vehicle or vessel, or in a manufacturing process unit or an associated non-waste treatment manufacturing unit" is not subject to regulation until it leaves the unit in which it was generated, unless the unit is a surface impoundment or ceases to be used for the storage or transportation of product or raw materials. 45 FR 72028. As EPA explained in its October 30 Federal Register preamble, storage tanks, transport vehicles, and similar units are typically designed to hold valuable products or raw materials. Thus, they "are capable of holding, and are typically operated to hold, the hazardous wastes which are generated in them, until the wastes are purposefully removed." 45 FR 72025. As a result, any risks to human health or the environment posed by these wastes prior to removal "are very low and are only incidental to the risks posed by the valuable product or raw material with which they are associated." Id. EPA therefore decided that these wastes should not be subject to regulation before they are removed from the unit in which they were generated. After that amendment was promulgated, members of the regulated community have asked whether hazardous wastes accumulating in pipelines used to transport product or raw materials should be included. These people point out that major pipeline systems are used throughout the United States to transport crude oil, petroleum products, chemicals, and other valuable products and raw materials. They contend that these pipelines are just as secure as the storage tanks and transport vehicles covered by EPA's October 30 amendment, and that wastes generated in these pipelines therefore present the same low level of risk as waste generated in storage tanks. If wastes generated in pipelines used to transport products or raw materials were subject to regulation before removal, these pipelines would technically be hazardous waste storage facilities subject to Parts 264, 285,122 and 124. EPA believes, however, that the reasoning of the October 30,1980, amendments concerning product storage tanks, transportation vehicles and vessels supports inclusion of pipelines used to transport products and raw materials in the amendment. Pipelines, like product storage tanks, are designed and operated in a manner to hold the material and to prevent releases to the environment. The design and operation of many of the pipelines subject to today's amendments are governed by detailed federal regulation. See, e.g., 49 CFR Part 195 (pipelines transporting liquid hazardous materials, petroleum and petroleum products). Hazardous waste sludges and sediments, while in these pipelines, generally do not present dangers to human health and the environment. The need for the tight controls of the Subtitle C regulations is at the time that hazardous wastes are removed from these product and raw material pipelines. Based on the foregoing, EPA is today amending 261.4(c), which was added by the October 30 amendment, to provide that a hazardous waste generated in a product or raw material pipeline is not subject to regulation until it is removed from the pipeline, unless it remains in the pipeline for more than 90 days after the pipeline ceases to be operated for the transportation of CCR 000040788 Federal Register / Vol. 45, No. 235 / Thursday, December 4. 1980 / Rules and Regulations 80267 product or raw materials. For the reasons already discussed. KPA believes that tins action will not diminish protection of humr. health and the environment. 111. Effective Date and Regulatory Impacts The Agency is setting November 19, 1980, as the effective date for this amendment, to insure conformity with the effective date of $ 261.4(c) itself. The reasons for promulgating this amendment in interim final form and setting an immediate effective date are the same as those discussed in the preamble to the October 30,1980, amendments. The regulatory impacts are also analogous. See 45 FR 72027-28. EPA invites comments on all aspects of this amendment to 5 281.4(c) and all of the issues discussed in this preamble. The Agency is providing u 60-day comment period and will carefully consider all comments received during that period. Dated: November 26.1980. Douglas M. Costle, Administrator. For the reasons set out in the preamble, Part 261 of Title 40 of the Code of Federal Regulations is amended by revising 261.4(c) to read as follows: 5 261.4 Exclusions. ***** (c) Hazardous wastes which are exempted from certain regulations. A hazardous waste which is generated in a prnducl or raw material storage lank, a product or raw material transport vehicle or vessel, a product or ruw malerml pipeline, or in a manufacturing process unit or an associated nonwaste-treatment-manufacturing unit, is not subject to regulation under Parts 262 through 265 and Parts 122 through 124 of this chapter or to the notification requirements of Section 3010 of RCRA until it exits the unit in which it was generated, unless the unit is a surface impoundment, or unless the hazardous waste remains in the unit more than 90 days after the unit ceases to be operated for manufacturing, or for storage or transportation of product or raw materials. JI-'Ullo, HO- .(7*UW1 HI-,I C' :l-H0, H 4S noi| III LINO CODE UU-SMI DEPARTMENT OF ENERGY 41 CFR Part 109-40 Property Management Regulations, Transportation and Traffic Management AGENCY: Department of Energy. action: Final rule. SUMMARY: In the July 1,1979, revision of Title 41 (Chapter 101 to End) of the Code of Federal Regulations, Part 109-40 appearing in Subchapter G-- Transportation and Motor Vehicles, was inadvertently omitted. This Part was republished without revision appearing as 45 CFR 16469 on March 14.1980, in a CFR Correction which permitted Part 109-40 to remain in force and effect, and to appear in the 1980 revision of Title 41. Part 109-40 is herewith updated and changed to reflect the transition from U.S. Energy Research and Development Administration (ERDA) to U.S. Department of Energy (DOE) under the DOE Organization Act (Pub. L. 95-91). Part 109-40, as updated, was published in the Federal Register on Friday. July 25.1980, at 45 FR 4S601 as a proposed rule with a 30 day comment period. Only one comment was received during this period. It was suggested that the proposed rule be revised at subpart 109-40.000 to read "* * * Government in terms of economy, efficiency, service, environment, safety and security." This comment has been incorporated verbatim into the final rule. The only additional change was in referencing the Director, Transportation Operations Staff from Transportation Officer due to a change in title. These changes are found nt 40.109. 40.5001, and 40.5101. date: Effective December 4, 1980. address: Muil Station B-107, Washington. D.C- 20545. FOR FURTHER INFORMATION CONTACT: Roy F. Garrison, Director. Transportation Operations Staff, Office of Transportation and Fuel Storage, Department of Energy (301) 353-5363. Steve Miller, Office of the General Counsel, Department of Energy (202) 252-6947. SUPPLEMENTARY INFORMATION: DOE and its contractors for the purposes of transportation and traffic management have certain exemptions from the Federal Property and Administrative Act of 1949, as amended (Pub. L. 152, 81st Congress, 63 Stat., 377) at Title II, Section 201(b) which provides "The Administrator (GSA) shall, as far as practicable provide any of the services specified * * * to any other Federal agency * * *. upon ntquust." Title IV, Section 002(d) of the same Act provides "nothing in this act shall impair or affect any authority of * * * (13) the Atomic Energy Commission (AEC)." Title 41 CFR Part 109-40 Transportation and Traffic Management iterates the applicability of and departure from Title 41 Parts 101 et seq, for the U.S. Department of Energy and its cost-type contractors in conducting transportation and traffic management type activities. Traffic Management and Transportation Operations functions existed in AEC. Tliese functions were transferred to ERDA by Section 104 of the Energy Reorganization Act of 1974 (Pub. L. 93-438) and then to DOE by Section 641 of the Department of Energy Organization Act of 1977 (Pub. L. 95-91). The Department of Energy desires to continue in effect the exemption granted to it by the Congress and consequently adopts the following amended Transportation Management Regulations. Further implementation will be published in appropriate DOE Orders. The Department of Energy has determined that this regulation will not impose unnecessary burdens on the economy or on individuals and therefore, is not significant for the purpose of Executive Order 12044. Issued in Washington, D.C. November 14, 1980. George W. Cunningham, Assistant Secretaryfor NuclearEnergy. 41 CFR Part 109-40 is revised to read as follows: PART 109-40--TRANSPORTATION AND TRAFFIC MANAGEMENT Shi:. 109-40.IXX) Scope of purl. 109-40.000-50 Applicability to contractor**. Subpart 109-40.1--General Provisions 109-40.102 Representation before regulatory bodies. 109-40.103 Selection of carriers. 109-40.103-1 Domestic transportation. 109-40.103-2 Disqualification and suspension of carriers. 109-40.103-3 International transportation. 109-40,104 Use of Government owned transportation equipment. 109-40.109 Utilization of special contracts and agreements. 109-40.110 Assistance to economically disadvantaged transportation businesses. 109-40.110-1 Small business assistance. 109-40.110-2 Minority business enterprises. 109-40.112 Transportation factors in the location of Government facilities. 109-40.113 Insurance against transportation hazard. CCR 000040789 Federal Register / Vol. 45. No. 236 / Friday. December 5, 1980 / Proposed Rules 80561 bpart MM--Oregon In 52.1970, (c)(33) is addfed as follows. 52.1970 Identification of plan. I") * * ' 13aj On December 27,1979, the State uf Oregon Department of Environmental Quality submitted a plan revision to meet the requirements of Air Quality Monitoring 40 CFR Part 58, Sabpart C 52.20. |i K ;>(.< 60-3." I{ 1 iloil \J. -4 DO. 8 4ri mn| SILLING CODE SMO-M'M 40 CFR Part 266 ISWH-FBL 1690-21 Hazardous Waste Management System; Availability of Information AGENCY: Environmental Protection Agency. ACTION: Notice of availability of information and request for comments. summary: The Environmental Protection Agency is today making available to the public a draft document entitled "Used Oil Burned As A Fuel.'' The information iInll this document will be used to support e Agency's forthcoming regulations on ed oil disposal and recycling pursuant o Sections 3004 and 3012 of the Resource Conservation and Recovery Ai t. F.PA requests comments on this draft leport. DATE: CuuimiMitS on llie report ill'll due no Ink r Ilian January 19, 19111, ADDRESSES: Comments should be addies .ed lo Deborah Villari, Docket Clerk (Docket No. 3004). Office of Solid Waste (W11-562), U.S. Environmental Protection Agency, 401 M Street SW., Washington, D.C. 20460. Communications should identify the regulatory docket or notice number, which is Section 3004 Copies of the report are available for leading al the EPA Public Information Refeienre Unit (Room 2404] and the Subtitle C Docket Room |Room 2711), both located al 401 M Street SW.. Washington, D C., and at all EPA Regional Office libraries during the hours of 9:00 a.m. fo 4:30 p.m,. Monday through Friday. Copies of llie report may also lie ordered from Ed Cox. Solid Waste Information, U.S. Fnvimument.il Protection Agency, 26 West St. Clair Street, Cincinnati, Ohio 45268. (513) 6845362. (Idca.se identify the document as SW-892.) EPA plans to provide the icumenl free of charge to all who quest copies. However, the Agency may charge 30.20 per page for Citizens Communications Center, which photocopying if the available copies run states that additional time is necessary out. in order to fully prepare a reply to the FOR FURTHER INFORMATION CONTACT: Arliae M. Sheehan, Technology Branch. Hazardous and Industrial Waste Division, Office of Solid Waste (WH565), 401 M Street SW,, Washington. D.C. 20460, (202) 755-9200. SUPPLEMENTARY INFORMATION: On December 18,1978 (43 FR 58946-59020) EPA proposed regulations implementing initial comments. Action taken herein also denies a request for suspension of the reply comment dates and other relief in Docket 21474, Amendment of Broadcast Equal Employment Opportunity Rules and FCC Form 395, and BC Docket No. 80-253, filed by the National Association of Broadcasters ("NAB"). Sections 3001-3004 of the Solid Waste date: Reply comments in BC Docket No. Disposal Act, as amended by RCRA As 80-253 must be filed on or before a result nf its review of public comments t December 8,1980. un these proposed regulations. EPA determined that further study was warranted on the potential hazards associated with burning used oil as a fuel. The draft document being noticed today was written to assess these hazards. The purpose of making this document available to the public is to obtain comment on the accuracy of the data it contains, and not to reopen the comment ADDRESS: Submit comments to Federal Communications Commission. Washington, D.C. 20554. FOR FURTHER INFORMATION CONTACT; Steven A Bookshester. Broadcast Bureau. (202) 653-7586, or Israel Teilelbaum, Broadcast Bureau. (202) 632-7792. SUPPLEMENTARY INFORMATION; In the matter of amendment of Broadcast period on either EPA's proposed Equal Employment Opportunity Rules Sections 3001-3004 regulations or EPA's final and interim final hazardous waste regulations issued on May 19,1980 (45 and FCC Form 395. Revision of Applications for Renewal of License of Commercial and Noncommercial AM. FR 33063-33258). Commenters should limit the scope of their written submissions accordingly. FM and Television Licensees. Order extending time for filing reply comments in BC Docket No. 80-253 and denying Steffen W. Plehn, Deputy Assistant Administrator forStdid Waste. IW Dot SO-.r?ia HIJ SILLING CODE SMO-30-M suspension of reply comment dates and other relief in Docket 21474 and BC Docket No. 80-253. . Adopted: Noi rinber 25. 1980. I Released: November 26.1980. By the Chief, Broadcast Bureau: FEDERAL COMMUNICATIONS COMMISSION 1. On June 4,1980. the Commission adopted a Second Further Notice of Proposed Ru/e Making in Docket Z1474. 47 CFR Part 73 ' FCC 80-328, 45 FR 42729, published )une 25.1980. On the same date, the lDocket No. 21474; RM-1968; RM-2810; RM2978; BC Docket No. BO-253; RM-2898] Commission also adopted a Notice of Proposed Rule Making in BC Docket 80- 253, FCC 80-327. 45 FR 47444. published Broadcast Equal Employment Opportunity Rules; Applications for Renewal of License of Commercial and Non-Commercial AM, FM, and Television Licensees July 15. 1980. 2. The dates initially established for filing comments and reply commen's :n Docket Z1474 were August 25. I960, mid September 25.1080, respectively. By Order, 45 FR 56116, published August 22, agency: Federal Communications 1980, the Commission granted the Commission. request of the National Association of ACTION: Pioposed rules; extension of reply comment period and denial of suspension of reply comment dales and other relief. summary: Action taken herein extends Broadcasters ("NAB") and extended the filing dates for comments and reply comments to October 24.1980, and November 24,1980. respectively By Order released October 23.1980, BC00759, the date for filing comments was - the time for filing reply comments in BC Docket No. 80-253, Revision of Applications for Renewal of License of Commercial and Noncommercial AM, FMand Television Licensees. Action is taken in repsonse lo a request by further extended in response to an NAB request, to October 30.1980. At that time, the Commission, on its own motion, also extended the reply . comment date to December 1.1980. In granting this additional lime, 4he CCR 000040790