Federal Register /Vol. 57; No. 32 / Tuesday, February 18.1992 / Rules and Regulations
5859
S2C846 Pieces Per Sack
Sacks containing fewer than 125
pieces-and less than 15 pounds of pieces
may be. prepared to a carrier route when
a walk-sequence discount is claimed for
contents.-and the applicable density
requirements of 624.843 or 824.844 are
met. .
624.38 Documentation
624.881 Genera!
Mailers who prepare, mailings for
ivhich a walk-sequence discount is
claimed must provide documentation hi
accordance with 824.882 through 624.885
' to substantiate compliance withitfie
applicable eiigjbiSit&Tequiremenfs for
toewalk-sequence discount The
required documentation required by
624.882 through 824.884 must be
submitted with each mailing at the time
of mailing.
Pasting 624.882^624.884 is
renumbered as 624.883-624.885, and
revised to read as follows:]
624.882 Density125-Piece Walk-
Sequence Discount
For each carrier route receiving pieces
for which the 125-piece walk-sequence
discount is claimed, the mailer must
provide documentation to indicate the
totafcnumber of'de&«ry slopsito which
roa%feees in the mailing are;addressed.
a. Mailers must be&able to document
compliance with 62-K844 for each carrier
route receiving mail for which the
saturation walk-sequence discount is
claimed. (The term "carrier route" is
explained in 624,811.) This
documentation must show either the
total number of active possible
residential deliveries and; the; number
and percentage; to which mailpieces in
the mailing are addressed, or the total
number of active-possible deliveries and;
the number and percentage to which
mailpieces in the mailing are addressed,
depending on.wfeet&er qualification is
based on the 90%^:23BTc1fteiian>
respectively. The slasaBsentation- must,
fce Msted by S-digftS^Code and;, wit&in
each, by carrier routs (see Exhibit
62£883),
&. [Text of exiting 624.882b.J
Pdribit 624.882 is redesignated as
Exhibit 624.8S33[
624.884 Combination Rate Mailings
a. Both Walk-Sei|Bence Discounts^ If a
mailing contains pieces for which the
125-piece walk-sequence discount is
dasasediand other pieces fotwhicJi,tne
"' ice discount is
claimed, the documentation required by
624:882 and 624.883 can be combined.
Entries for pieces for which the 125-
piece walk-sequence discount is claimed
must be annoted on the documentation.
For the entire mailing, a summary of the
total number of pieces for which each
walk-sequence discount is claimed must
be provided. ~ "
b. Carrier Route Presort Rate. [The
first sentence of current 624.883 is
replaced with the following;] If a mailing
contains pieces for which a walk-
sequence discount is claimed and other
pieces for which the carrier route
presort rate is claimed, in addition to the
documentation required for the walk-
sequence discount mail (by 624.882,
624;883, and624.884a, if applicable), the
documentation for the carrier route
presort rate mail must show the total
number of addressed pieces for each
carrier route that qualifies for the carrier
route presort rate and the number
qualifying for the walk-sequence
discount. (The term "carrier route" is
explained in 624.811.)
624.885 Documentation of Accurate
Sequencing or Delivery Statistics
[Text of existing 624.884.] :
Stanley F. Mires,
Assistant General Counsel, Legislative
Division.
[FR Doe,9£-3754 Fjled 2-14-92; 8:45 am]
ENVlRQfsfMENTAL PROTECTION
AGENCY
[FRL4TO-4]
40 CFR Parts 264 and 265
Wood Preserving; Standards and
Interim Status Standards for Owners
and Operators of Hazardous Waste
Treatment, Storage, and Disposal
Facilities
AGENCY: Environmental Protection
Agency.
ACTION: Administrative stay.
SUMMARY: The Environmental Protection
Agency is today announcing an
administrative stay of the requirements
for drip pad coatings, sealers, or covers
for existing drip pads at wood
preserving plants. The effect of the stay
is to extend the effective date of coating,
sealer, or cover requirements for
existing drip pads until October 30,1992.
EFFECTIVE DATE: February 8,1992.
ADDRESSES: The official record for this
administrative, stay is identified as
poeket:NumberP-92-DPAS-FFFFF and
is located in the EPA RCRA Docket,
room M2427.401M Street, SW..
.Washington, DC 20460, The public must
make an appointment in order to review
docket materials by calling (202} 260-
9327. The docket is available for
inspection, from 9 a.m. to 4 p.m., Monday
through Friday, excluding Federal
holidays. The public may copy material
from any regulatory docket at a cost of
$0.15 per page.
FOR FURTHER INFORMATION CONTACT:
For general information contact the
RCRA Hotline, toll free at (800) 424-
9346, or at (202) 382-^000. For technical
information concerning this notice,
contact David J. Carver, Office of Solid
Waste (OS-333), U.S. Environmental
Protection Agency, 401M Street, SW.,
Washington, DC 20460, (202) 260-6775.
SUPPLEMENTARY INFORMATION: The
contents of today's notice are listed in
the following outline:
I. Background
tt. Appropriate Effective Date For Drip Pad
Surface Standards
HI. Agency Action
IV. Effects On State Authorization
V. Paperwork Reduction Act \
I. Background ; .
On December 6,1990, EPA
promulgated regulations listing as
hazardous various wastes generated
from wood preserving processes that
. use phlorophenolic, creosote, and/or
inorganic (arsenical and chromium)
preservatives (55 FR 50450 (Dec. 6,1990),
adding hazardous wastes F032, F034,
and F035 to the lists of hazardous
wastes in 40 CFR 261.31).
In addition,'and of particular "'
relevance for,the present notice, the
Agency promulgated standards for drip
pads, a new type of waste management
unit (55 FR 50484-89, adding a new
subpart W to parts 264 and 265 of the
regulations). Drip pads receive drippage
from treated wood immediately after the
wood is removed from the treatment
vessel. The standards vary somewhat
for new and existing drip pads.
- Because the December 6,1990 rule
was promulgated partially pursuant to
the Hazardous and Solid Waste
Amendments of 1984 (HSWA) and
partially pursuant to preexisting
authorities, the requirements take effect
at different times in different states. As
a HSWA rule, the F032 listing of various
residues from wood preserving
processes using, or that previously used,
chlorophenolic formulations took effect
on June 6,1991 in authorized and
unauthorized States (55 FR 59469-70 and
RCRA section 3001 (e)). Drip pads used
in connection with F032 wastes were
likewise subject to the subpart W
.standards on June 8,1991 in all States
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5869 Federal Register / Vol. 57. No. 32 / Tuesday, February 16,1992 / Rules and Regulations
(Id at 50470). The F034 and F035 listings
and related management standards do
not take effect immediately in
authorized states since they were not
adopted pursuant to HSWA {Id.}.
On June 13. 1991, the Agency
published a conditional administrative
stay of the F032, F034, and F035 listings
in the Federal Register (see 58 FR at
27332). Elements of the final rule which
are subject to that stay are the
following:
Effective Date of June 6, 1981 in the
rule;
F032.F034. and F035 listing in the
process area until a new effective date
is established;
Requirement for impenneably
sealed or coated surfaces for new drip
pads until further administrative action
is takenr
Applicability of F032 to previous
users of pentachlorophenol provided .
that they are regulated as F034 or F035
until further administrative action is
taken;
Applicability of F032. F034. and
F035 wastewaters that do not contact
listed process wastes until further
administrative action' is taken.
With regard to the June 13, 1931 stay, the
Federal Register (56 FR 27333} stated
that a facility must adhere to the
following conditions in order to comply
with the stay:
(1) By August 6, 1991, a facility must
notify proper authorities of its uiient to
ceasEoperatfons'fay, Augusta Ii991i.ff;a:
facility intends to cease operations; then
it is;required,to do so by August?, 1991.
(2) By November 8, 1991. a facifity
mustprovide evidence ofbonafide
efforts to comply with its earlier stated
intent;
(3) Complete any upgrades to existing
pads by February 6. 1992; and
(4) Complete installation of new pads
by May 6. 1992.
Subsequently, the Agency published a
notice in the Federal Register on .
December 5, 1991, that proposed to
modify, among other items, the
standards for existingjiripoad coatings,
sealers, or covers (see SfiFR at 63851).
II. Appropriate Effective Date for Drip
Pad Surface Standards
The only issue addressed in. the
present notice concerns the appropriate
effective date-for drip pad costing,
sealer, or cover standards for existing. .
drip pads; Because the Aggncy does, not
anticipate promulgating final modified
standards for existing drip pad coatings.
sealer, or covers before the February ft
1992 deadline for compliance with the;
existing, drip pad standards, the Agency
beCeves-tHaf it is not practicable to
maintain the previous requirement that *
existing, drip pads have impermeable
surfaces. '
The Agency recognized in the
December. 5,1991, proposed rulemaking
that the requirements for "impermeable"
surfaces for drip pads were
impracticable and proposed at that time
to modify those standards (see 56 at
63851). The February 6,1992, deadline
for compliance with existing drip pad
standards would, therefore, require
compliance with impracticable surface
coating, sealer, or cover standards prior
to final Agency action on the December
5,1991 proposed rule.
HI. Agency Action
A. EPA has determined to issue an
administrative stay of the
"impermeability" requirement for drip
pad surfaces (§ 264.573(a)(4) and
§ 285.443(a)(4)) until October 30,1992.
The requirements that drip pads be
installed and then* surfaces be
maintained crack-free are not changed
by this stay. Thus, substantial
containment of drippage from treated
wood will continue.
B. EPA is issuing this administrative
stay pursuant to 5 U.S.C. 705 which
provides that an agency may postpone
the effective date of action taken by it
when justice so requires, pending
judicial review.1 Today's action is
particularly appropriate in Light of the
proposed amendments to these specific
drip, pad standards in the pending
December Si.1991 proposed rale.The
Agency consequently finds that issuing
this stay is in the interests of justice.8
IV. Effects on State Authorization
The effects of this administrative stay
depend largely on whether the facility is
managing a wood preserving waste
identified by a HSWA-based listing (i.e.,
the F032 wastes), as opposed to the
newly listed wastes (F034 and F035) for
which, the listing determinations were
based on pre-HSWA authority.
As explained earlier, EPA considers
that both the F032 Listing and the new
subpart W drip pad standards (when
applied to the management of F032
wastes) are based on HSWA authority.
As EPA explained in the December 6,
1 The American Wood Preserver! Institute
{AWPi) IMS filed a petition for review of the
Decembers rule.
* Although tire Agency does not regard today'*
action as a cute, were it to be viewed as a rule the
Agency; believes that there it good cause for issuing
it without prior notice and opportunity for comment
and for making if immediately effective.This it
.borne oat by the pending compliance date, the
pending' proposal to amend the Impermeability'
requirement for existing drip pads, and the
infeasibility of compliance for a substantial number
of facilities.
1990 notice (see 55 FR 50469), the
HSWA-based FQ32 listing and related
subpart W facility standards take effect
simultaneously in all States, regardless
.of their authorization status. With
respect to these HSWA-based
requirements, the effect of this
administrative stay is to defer in all
States EPA's implementation and
enforcement of the impermeability
requirement for existing drip pads
beyond October 30,1992. However, the
listings and other subpart W .
requirements will be in effect for
existing pads on February 6,1992 and
new drip pad requirements will be in
effect on May 6,1992. According to the
schedule for state program revisions
contained in 40 CFR 271.21(e). the
December 6,1990 Wood Preserving Rule
is subject to a July 1,1992 deadline (July
1.1993 if a statutory change is required)
for States to modify their hazardous
waste programs and thereafter seek
approval from EPA for the program
revision. Since this administrative stay
would not extend any effective date
beyond October 30,1992, EPA considers
it unlikely that any State will have
received approval from EPA to
implement the December 6,1990
regulation under RCRA authority with
earlier or more stringent effective dates
than those set out in this stay or in
previous actions. Nevertheless, States
may modify their hazardous waste
programs to adopt the Wood Preserving
Rule hi the interim. While EPA
encourages States to follow the deferred
effective date announced in this stay,
states may elect to implement the Rule
with effective dates earlier than that
imposed under this stay, as a matter of
State law.
In the case of facilities managing F034
and F035 wastes, the effect of the stay
depends on whether the facility is
located in an authorized or unauthorized
State. The F034 and F035 listing
determinations were promulgated
pursuant to pre-HSWA authority, and
EPA considers the subpart W drip pad
standards that govern the management
of F034 and F035 wood preserving
wastes to also be based on pre-HSWA
authority. According to the December 6,
1990 Rule notice, these waste listings
and facility standards would have been
effective on June 6,1991 only in those
states that are hot authorized for any
part of RCRA. EPA implements the
RCRA program in unauthorized States.
and the effect of this stay will be' to
defer EPA's implementation and
enforcement of the impermeability
requirement for existing drip pads at
facilities managing F034 or F035 wastes
until October 30,1992.
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- Federal Register /; Vol. 57, No. 32r/ Tuesday, February 18,1992 / Rules and Regulations 5861
Ira authorized! Slates, the pre-HSWA
basis/ for the F034 and F035 listings (and.
rel'atedrsubpart W drip ad standards)
means that these:requirements cannot
fate implemented as RCRA requirements
vantji the State has adopted the
necessary program modifications and'
obtained approval for the -necessary
program modifications and obtained
appsovalfor the revisions from EPA.
The modification schedule in 40 CFR
27I.29ffe} requires that States modify
their programs by July 1, 1992 (July 1,
19S3 if a statutory change is required) tor
adapt this regulation and thereafter seek
apiproval of the revisions from EPA.
Since the stay does not extend any .
effective date?beyond October 30; 1992,
it is unlikely that States will become
authorized for the F034 and F035 listings
andfaciHty standards before the
deferred-effective date in this stay have
passed. However, facilities in both.
autaarized states and unauthorized
states should understand that states
may adopt and implement wood
preserving regulations as: a matter of
state law. prior to obtaining EPA.
approval. While EPA strongly
encourages States to follow the deferred
effective dates announced in this stay,
States.may elect to adopt wood
preserving waste regulations with more
stringent [ie.g., earlier) effective dates
then those announced in this
administrative stay. ' '
Reduction Act .
l&Bsa-aTe'hcf information collection
^"qairements associated with this
setioa. -
List of Subjects in 40 CFR parts 264 and
265
Hazardous waste. Packaging and
Containers, and Reporting and
reoordfceeping requirements... ' -
DatediEfebruary 6, 1992;
FOE tie reasons set out in the. .
preamble title 40 of the Code of Federal
Regulations is amendec-'as follows: .
PART 264 STANDARDS FOR
SYSfNERS AND OPERATORS OF
WIZ&BDOUS WASTE TREATMENT,
SK2B&SE, AND DISPOSAL
l.>TSe authority citation, for part 264
continues to read', as follows:
Aui&ority: 42U.S,C,6905, 6912(a), 6924. and
6925. ... -. ....... - ..
2, Section 26£S$!35is amended by
revising paragraph (a){4) to read as
follows: ;>
^ "fi
§ 264.573 Design and operating
requirements.
(a}* * * ': '-
(4) Be impermeable, e.g., concrete
pads must be sealed, coated, or covered :
with an impermeable material such that .
the entire surface where drippage occurs:
or may run across is capable of
containing such drippage and mixtures '
of drippage and precipitation, materials, :
or other wastes while being routed to an'
associated collection system.
Note: The requirement that existing drip
pads be impermeable, e.g., that drip pads be
sealed, coated, or covered, with an
impermeable material is administratively
stayed. The stay will remain in effect until
October 30,1992.
PART 265INTERIM STATUS
STANDARDS FOR OWNERS AND
OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND
DISPOSAL FACILITIES
3. The authority citation for part 265-
continues to read as follows:
Authority: 42 U.S.C. 6905,6912(a), 6924,
6925 and 8935.
.4. Section 265.443 is amended by:
revising paragraph (a)(4) to read as ' " '.:
follows: .
§265,443 Design and operating- , .
requirements.
(a}* * * : ;
(4) Be impermeable, e.g., concrete
pads must be sealed, coated, or covered
with an impermeable material such that
the entire surface where drippage occurs 1
or may run across is capable of
containing such drippage and mixtures
of drippage and precipitation, materials,
or other wastes while being routed to an
associated collection system, . .
Note: The requirement that existing drip "
pads be impermeable, e.g., that drip pads be
sealed, coated, or covered with an . i
impermeable material is administratively . j
stayed. The stay will remain in effect until ''
October 30,1992.
Note: The requirement that new drip pads j
be impermeable, e.g., that new drip pads be -
sealed, coated, or covered with an ' I
impermeable material is administratively
stayed. The stay will remain in effect until
further administrative action is taken. '
[FR00C. 82-3504 Filed 2-14-92; 8:45 am]
BILUNQ CODE 6360-50-U
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