Federal Register: October 15, 1992, Part 2. 40 CFR Parts 261 et al. Hazardous Waste Management System: Identification and Listing of Hazardous Waste and CERCLA Hazardous Substance Designation; Reportable Quantity Adjustment, Chlorinated Toluenes Production Wastes; Rule


Thursday
October 15, 1992
Part II
Environmental

Protection  Agency

40 CFR Parts 261 et aL
Hazardous Waste Management System:
Identification and Listing of Hazardous
Waste and CERCLA Hazardous
Substance Designation; Reportabfe
Quantity Adjustment, Chlorinated
Toluenes Production Wastes; Rule
            . Printed on Recycled Paper

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47376 Federal Register / Vol. 57. No. 200 / Thursday, October 15, 1992 / Rales and Regulations
ENVIRONMENTAL PROTECTION
AGENCY

40 CFfJ Parts 281,271, and 302

I3WH-FRL-4194-31

Hazardous Waste Management
System: Identification and Listing of
Hazardous Waste and CERCLA
Hazardous Substance Designation;
Reportabie Quantity Adjustment,
Chlorinated Toluenes Production
Wastes

AGENCtr: U,S. Environmental Protection ,
Agency,
ACTION; Final rule.

SUMMARY: The U.S. Environmental
Protection Agency (EPA) is amending
the regulations for hazardous waste
management under the Resource
Conservation and Recovery Act (RCRA)
by adding three pastes generated during
the production of the alpha- (or methyl-}
chlorinated toluenes, ring-chlorinated
toluenes, benzoyl chlorides, and
compounds with mixtures of these
functional groups, collectively referred
to in this document as "chlorinated
toluenes," to the list of hazardous
wastes from specific sources. EPA is
also amending appendix VII of 40 CFR
part 261 to add the constituents for
which these wastes are being listed. The
effect of this regulation is that these
three wastes will be subject to
regulation as hazardous wastes. In
addition. EPA is amending regulations
promulgated under the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) that are related to today's
waste listings. In particular, EPA is
amending CERCLA regulations by
designating the listed wastes as
CERCLA hazardous substances and
establishing the reportabie quantities
applicable to these wastes.
DATES: Today's fir-al rule will become
effective on April 15.1993. See section
VII of the Supplementary Information
section concerning compliance dates.
ADDRESSES: The official record for this
rulerrtaktng is identified as Docket
Number F-92-LCTF-FFFf F and is
located in ihe-EPA RCRA Docket, room
M2427, 401 M Streti, SW,. Washington.
DC 20460. The docket is open from 9
a.m. to 4 p.m., Monday through Friday,
excluding Federal holidays. The public
must make an appointment lo review
docket materials by calling (202) 280-
9327. Use public may copy 100 pages
from the docket at no charge; additional
copies are $0.15 per page.
FOR FURTHER INFORMATION CONTACT:
The RCRA/Superfund Hotline, toll-free
at (800J 424-3348 or locally at {703] 920-
9810. For technical information on the
RCRA hazardous waste listings, contact
Dr. Ambika Bathija,. Office of Solid
Waste (QS-333),US. Environmental
Protection Agency, 401M Street, SW.,
Washington. DC 20460, (202) 260^3770.
For technical information on the
CERCLA portion of the rule, contact Ms.
Gerain Perry, Response Standards and
Criteria Branch, Emergency Response
Division (QS-210J; U.S. Environmental
Protection Agency, 401M Street, SW..
Washington. DC 20460, (202) 260-2:190.
SUPPLEMENTARY INFORMATION:
I. Authority
If. Background ;.
A. Proposed Rule , .
B.HSWAandEDFv.Railly
III. Summary of Ihe Regulation
A. Overview of the Final Rule
B. Basis for Listing
C. Agency Response to Public Comments
IV. Impact of Future Land Disposal
Restrictions (LDR) Determinations;
V. State Authority
A. Applicability of Final Rule in Authorized
States
B. Effect on State Authorizations - v
Vt CERCLA Designation and Reportabie
Quantities
A. Reporting Requirements
B, Adjustment of RQs
VII. Compliance Dates
A. Notification
B. Interim Status
C. Permitting Requirements
VIII. Economic Analysis
IX. Regulatory Flexibility Act
X. Paperwork Reduction Act

I. Authority
These regulations are being
promulgated under the authority of
sections 2002(a3 and 3001(b) and (e)(l) of
the Solid Waste Disposal Act, as
amended. 42 U.S.C. e912(s) and 6921(b1
and (e)(l) (commonly referred to as
RCRA}, and section 102(a) of the
Comprehensive Environmental
Response, Compensation, and Liability
Act of I860 (CERCLA) 42 U.S.C. 9S02(a).

II. Background ' .
EPA proposed to list as hazardous
three wastes from chlorinated toluenes
production on October 11.1991. Today's
notice promulgates these -listings,
presented in Section II,C. oflhe
proposed rule, with no substantive
modification!. •- ,-' - -;.:

A. Proposed Rule ' •
Piirstjsfit to section 3001 Ql^ubtiflg C .
of the Resource Conservation and
Recovery Act {RCRA}, EPA proposed to
list three wastes as hazardous in a
notice published in the Federal Register
on October 11,1981 (see 58 FR 51592). At
that time, EPA also proposed a no-list
decision for three other wastes from
chlorinated toluenes production. One.
other waste from chlorinated toluenes
production is already regulated as a
hazardous waste under RCRA: EPA
"Hazardous Waste Number K015-still
bottoms from the distillation of benzyl
chloride (promulgated on November 12,
, 1980; see 45 FR 74884). The Agency
noted, in the proposal, that the scope of
K015 was not affected by the proposed
rule.
EPA proposed to add three waste
streams generated from the production
of the alpha- (or methyl-jchlorinated
toluenes, ring-chlorinated toluenes,
beozoyl chlorides, and compounds with
mixtures of these functional groups,
collectively referred to in the proposed
rule as "chlorinated toluenes," to the list
of hazardous wastes from specific
sources found at 40 CFR 261.32. These
wastes, which were fully described in
the preamble to the proposed rule, are
distillation bottoms generated from the
production of chlorinated toluenes
(K149); the organic residuals generated
in the recovery of byproduct
hydrochloric acid (HCl) associated with
the manufacture of chlorinated toluenes
(K150); and wastewater treatment
sludges, excluding neutralization
sludges and biological sludges.
generated during the treatment of
wastewaters from the manufacture of
chlorinated toluenes (K151).
The basis for this proposed regulation
was a determination by fee Agency that
these wastes frequently contain
significant concentrations of benzene,
benzotrichloride, benzyl chloride,
carbon tetrachloride, chlorobenzene,
chloroform, chloromethane, 1,4-
dichlorobenzene, hexachlorobenzene,
pentacfaiorobenzene, 1.2,4,5-
tetrachlorobenzene, 1,1,2,2-
tetrachloroethane, tetrachloroethyiene,
toluene, and/or 1.2,4-trichlorobenzene.
These compounds, at the concentrations
found in chlorinated toluenes wastes,
present a threat to human health and the
environment when the wastes are
mismanaged because of their toxicity,
mobility, and persistence. These
constituents may be carcinogenic,
mutagsnic, and/or exhibit other chronic
systemic effects at certain
concentrations. Based on their physics!
» properties and the evidence from
damage incidents, EPA has found that
most of these constituents are highly
persistent and are mobile in the
". environment. EPA folly described the
data documenting the hazards posed by
these wastes in the preamble to the
proposed rule. See 58 FR 51596-51602,
Because these wastes are capable of
posing a threat to human health and the
environment when they are improperly

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Federal Register / Vol. 57. No. 200 / Thursday. October 15, 1992 / Rules and Regulations 47377
treated, stored, transported, disposed of,
or otherwise managed, EPA proposed to
list them as hazardous. Consequently, as
stated in the proposed rule, these wastes
would be subject to the applicable
requirements of 40 CFR parts 124, 262-
266, 266, 270, and 271. '
In addition to the Agency's decision to
list three wastes from chlorinated
toluenes production, the Agency
proposed a decision not to list three
other wastes from chlorinated toluenes
production: wastewaters, spent carbon,
and neutralization and biological
treatment sludges. Based on information
collected by-the Agency, these wastes
do not meet the criteria for listing as
hazardous wastes. The rationale for
these no-list determinations was
described in detail in the preamble to
the proposed rule arid is summarized
below.
Wastewaters, which are generated
throughout the manufacturing processes,
contain low concenfrations.of the
constituents of concern. In addition, the
production wastewaters at the four
chlorinated toluenes manufacturing
facilities are treated prior to off-site
discharge, thus further reducing the risks
these wastes present to human health
and the environment.
Spent carbon wastes, generated
during the recovery and purification of
byproduct hydrochloric acid, also were
proposed not to be listed. Most
constituents in these residuals are
present at relatively low levels. The
organic constituents in the spent carbon
waste matrix are expected to adhere
strongly to the carbon matrix by
adsorption, and thus be significantly
less mobile than in other matrices such
as distillation bottoms. Therefore, spent
carbon is not expected to present a
significant risk to human health and the
environment if mismanaged and
therefore does not warrant listing as a
hazardous waste.
The composition of wastewater
treatment sludges has been.found to
vary significantly depending on
treatment process. The Agency has
made a diligent effort to determine the
specific wastes from wastewater
treatment operations that contain high
levels of toxic constituents and to list
only those waste streams. Specifically,
neutralization and biological sludges
have been found to contain
contaminants at low levels, if they are
detected at all. The levels in these
wastes are significantly less than
constituent levels found in those gravity
separation sludges proposed for listing.
B. HSWA and EOF v, Reilly
On November 8,1984, the Hazardous
and Solid Waste Amendments of 1984
(HSWA), which amended RCRA, were
enacted. These amendments had far-
reaching ramifications for EPA's
hazardous waste regulatory program.
Section 3Q01(e)(2}i which was one of the
many provisions added by HSWA,
directed EPA to make a determination
whether to list under section 3001(b)p)
several wastes, including chlorinated
aromatics wastes. As discussed in the
preamble to the proposed rule, the
chlorinated aromaties industry can be
divided into three major segments:
Chlorinated benzenes, chlorinated
phenols, and chlorinated toluenes.
Wastes produced by the first two
segments of the industry are currently
listed as hazardous. See 56 FR 51584
[October 11,1991). On June 19,1991,
EPA entered into a proposed consent
decree which resolved issues raised in .
EOF v. Reilly, Civ. No.. 89-0598 (D.B.C.).
Under this decree, EPA was required, in
part, to propose a decision regarding the
listing of chlorinated toluenes
production wastes by September 1991
and to finalize the decision by
September 1992. Today's regulation j
fulfills this latter requirement of the,
proposed consent decree and completes
the investigations that were underway
to study wastes from the chlorinated
aromatics industry when HSWA was
enacted.
The proposed rale (56 FR 51592) .
specifically addressed, and today's rule
finalizes, the determinations for each of
the wastes listed in the proposed
consent decree (see Table 1).
In its study of the industry, the
Agency sampled wastes and gathered
information on specific wastes
generated from the production of the
various types of chlorinated toluene
compounds enumerated in the consent
decree. Based on this information, the
Agency concluded that wastes from the
production of alpha-chlorinated
toluenes, ring-chlorinated toluenes,
benzoyl chlorides, and compounds with
mixtures of these functional groups are
very similar and that it is therefore
reasonable to identify wastes from these
processes as a group. For example, EPA
proposed that organic condensates and
decantates from the production of all
types of chlorinated toluenes be
identified as a group and listed as K150
regardless of product identification.
Therefore, today's regulation
characterizes the wastes at issue
differently than the proposed consent
decree, which specifies exactly which
production wastes are to be the subject
of a listing determination. It should be
emphasized, however,.that the scope of
today's rulemaking encompasses all
those wastes discussed in the proposed .
consent decree. The regulatory decisions
concerning the wastes presented in the
proposed consent decree, as finalized in
today's rule, are presented in Table 1.

TABLE 1.—REGULATORY STATUS OF.
- WASTE STREAMS IDENTIFIED IN THE
EOF v. REILLY PROPOSED CONSENT
DEGREE
Decree waste
Stiil bottoms from p-chloro-
benzoyi chloride production
via catalytic steam hydroly-
sis.
Still bottoms from production
of ftichtorotoluene ' via
Lewis acid catalysts. ,
Still bottoms from production
of dichlorotoluerte via Lewis
acid catalysts.
Spent carbon, filter media,
filter cartridges and filtered
solids from production of,
behzotrichloride and benzyl
chloride via HCI recovery.' '
SpertS carbon,' filter media,
filter cartridges and filtered
solids from production of
benzoyl chloride, p-ch!brc-
benzotfichloride and benzo-
trichloride via KG! recovery.
Spent HjSO, from production
of benzoyl chloride, benzo-
trichforide, and p-chloro-
benzotrichloride via HCi re-
covery.
Still bottoms from benzoylph-
foride production via cata-
lytic steam hydrolysis.
Stiil bottoms from production
of o-chlorotoluene, p-ehlor-
otoluene, and dichloroto-
luene.
Stiil bottoms from production
of dichlorobenzoyl chloride.
Organic liquids (condensates
and decantates) from pro-
duction of benzotrichlortde/
benzoyl chforide.
Organic liquids (condensates
and decantates) from pro-
duction of dichlorobenzoyl
chloride, benzotrichloride,
and p-chlorobenzyltriehlor-
ide.
Organic liquids (condensates
and decantates) from pro-
duction of benzcyl chloride,
benzotrichlorfde, and p-
chlorobenzotrichloride.
Wastewaters from production
of one or more chlorinated
toluenes.
Wastewater treatment
sludges from production of
one or more chlorinated to-
luenes.
Regulatory status
K149

K149

No-list

No-fet

No-fei

K149

K150

No-list
Separation sludges:
K151
Neutralization and
biological sludges:
No-list
III. Summary of the Regulation

.A. Overview of the Final Rule

As proposed on October 11,1991, this
rule adds to the list of hazardous wastes
from specific sources found at 40 CFR
261.32 three wastes generated during the
production of chlorinated toluenes:

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47378 Federal Register / Vol. 57, No. 200 / Thursday, October 15, 1992 / Rules and Regulations
Kl-19 Distillation bottoms from the
production of alpha- [or mtthyl-)
chlorinated toluenes, ring-chlorinated
toluenes, benzoyl chlorides, and
compounds with mixtures of these
functional groups. [This waste does not
include still bottoms from the distillation
of benzyl chloride.]
K150 Organic residuals, excluding spent
carbon adsorbent, from the spent
chlorine gas and hydrochloric acid.
recovery processes associated with the
production of alpha- (or methyl-)
chlorinated toluenes, ring-chlorinated
toluenes, benzoyl chlorides, and
compounds with mixtures of these
functional groups.
K151 Wastewater treatment sludges,
excluding neutralization and biological
sludges, generated during the treatment
of wastewaters from the production of
alpha- (or methyl-) chlorinated toluenes,
ring-chlorinated toluenes, benzoyl
chlorides, and compounds with mixtures
of these functional groups.
These wastes are therefore subject to
the applicable:requirements of 40 CFR
parts 124, 282-266. 268, 270, and 271. ,.,
EPA is also amending appendix VII at 40
CFR part 261 to add the constituents for
which these wastes are being listed. In
addition, for the reasons explained in
the preamble to the proposed rule and
summarized above, EPA is finalizing its
determination not to list wastewaters,
spent carbon, and neutralization and
biological treatment sludges from
chlorinated toluenes production.
Finally, as proposed, EPA is amending
the CERCLA regulations at 40 CFR part
302 by designating hazardous wastes
K149, K150, and K151 as hazardous!
substances and finalizing RQs of 10
pounds for each of these waste streams.
The listings being finalized today will
reduce the risks posed by these wastes
to human health and the environment.
These listings will prevent the
uncontrolled entrance of toxic
constituents into the ground water,
surface water, soil, and air by requiring
environmentally sound management of
these wastes. In order to further reduce
the potential risk posed by these and
other wastes, the Agency encourages
the implementation of cost effective
pollution prevention programs, source
controls, and other efforts to reduce the
volume of generated wastes. Such
programs may be economically ;
advantageous to generators due to the
reduced management costs that
accompany a reduction in the amount of
wastes generated.
The Agency has determined that the j
industry-wide economic effect of this :
listing will be annualized incremental ;
costs of approximately $12,000, which •
represents an insignificant cost to
society. A principal reason for this
anticipated low additional cost is that
the subject wastes are presently being
managed as hazardous by industry,
B. Basis for Listing
After considering the relevant factors
outlined in 40 CFR § 261.11(a}(3), the
Agency has determined that the wastes
being listed as hazardous today are
capable of presenting a substantial risk
to human health and the environment
when mismanaged. In particular, the
Agency has found that these wastes .
frequently contain significant
concentrations of toxic constituents
which are highly mobile and persistent
in the environment.
In general, the information presented
in the preamble and in support of the
proposed rule remains the best and most
current available to EPA and serves as
the basis for today's listing
determinations (56 FR 57592, October 11.
1992}, The Agency has, however,
updated Tables 3,4, and 5 of the
preamble to the proposed rule (denoted
as Tables 2, 3, and 4 of today's
preamble) to reflect the most current
information available to the Agency
regarding the toxicity of the constituents .
of concern present in the wastes being '
listed today. Table 2 presents the
constituents of concern.and their •
concentrations in the wastes and
concentrations that may reach potential
human and environmental receptors and
compares these levels with oral HBLs of
concern. Tables 3 and 4 provide
information on oral and inhalation HBL
toxicity sources. The Agency notes that
the changes reflected in these tables
have had no effect on the Agency's ,
listing determinations.
TABLE 2.—BASIS FOR LISTING: HAZARDOUS CONSTITUENTS AND LEVELS OF CONCERN (ORAL ROUTE)
( .
DtstiWation or fractkxiatton bottoms from the production of chlorinated
tofewnos (K149):
Bonzotrichlondo, .._... „
Btxwyl Chloride „
CWorobenzene....__..... „ „
ChlOfo(orm,»_.._.._....
Chtoromelhana.... .. ". .
1,4-Dtchtofobenzene ._....„„ „._........
Hexachforobenzene
Pantachtofobenzans. ._„. .
1,2.4,5-Tetrachlorobenzene ; , ..
Toluene ___„.
Organic rosfduate from tho spent chlorine gas and hydrochloric acid
recovery processes associated with the production of chlorinated
toluenes (KtSOJ:
Carbon TetracWoride
Chloroform™ „
Chkxomothane „
1.4-Dichtorobenzone.. _*._.:.„• „..
Hoxachlorobenzone- „
PenUtchtorobenzene . ;......„....
1,2.4,5-Totrachlorobonzene.. '.
1,1.2.2-Tetradiloroethane
Tataehtaoethytam „,.,„,.„. .
1.2-4-Trichtofobannm«> ._.___
Wastewater treatment sludges, excluding neutralization and biological
sludge* (K151):
Carbon tetrschXxicl» „
Median waste
concentration ;
750
>300
50
7JDOO
>700
3,500
1 500
250
3,000
550
45
19500
3,200
'•• . -8,000-
• 2.100
7000
>125
15ft
12,00f>
>1QQ
75
Health-based
levels (HBL) '
(mg/t)
3X10"*
2x10"*
1X10"*
6x10"*
3X10"*
75X10"2
ixio-*
Oy 1fl-S
1x10"*
1
5X10"*
6x10"'
3x10""*
7-5X10"""
1*10r»
'3x10~*
1XlO~*
2X10"«
5-XtO~*
7XtO-»*
5-X 10~8
5x10-»
Waste level to
HBL ratio
9 v 1O*0
4x10e
3x103
8x103
2x10°
9x10a
4X108
3x10*
3x103
1X106
8x103
GX108
4X10*
£x'io«
7x10*
7X10°
6XTO*
o v 1ft*
2x10°
2x10*
2x10*
100xHBt(mg/
ov-in-*
2x10~s
t xio1
6XtO~*
3x10~"1
7J5
ixio~l
3
j
txto*
5xtO~*^
6x10~*
SKfC""*1'
/jj ••••-'• •• •
t'xto--*v;' _ •••
3. •
5
2xtO~*
e^in-*
7
5xTO-'
Waste level to
100X HBL ratio
2x10*
4X104
3X10*
8x10*
2x10"*
5X1O1'
4X>0*
•vvin*
3X10S
3XTO'
txto3
8x10'
5X10*
4x10* " ' '
zxtq?',";-;.,-
7,v wt& .
7XtQ3
6X109 *
1~*Fl(&
2X103
2>CH)S
2xTOs

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           Federal Register  / Vol. 57,  No. 200 /Thursday, October -15.  1992 /  Rules  and Regulations    47379
         TABLE 2.—BASIS FOR LISTING: HAZARDOUS CONSTITUENTS AND LEVELS OF CONCERN (ORAL ROUTE}—Continued


Hexachlorobenzene 	
Pentachlorobenzene .. 	
124 S-Tetrachlorobenzene 	 	 	 * 	
Tetrachloroethylehe 	 	
Toluene 	 	 	 	 	

Median waste
concentration
(mg/kg)
190
>500
>200
>150
>250
34,000

Health-based
levefs (HBL) '
(mg/L)
6x10-
1x10-
3x10-
1x10- .
5x10-
1 . ;

Waste level to
HBL ratio
3x10*
5X10»
7x10"
2x10«
5X104
3X10*

100xHBL(mg/
6x10''.
1X10-'
3
1
5x10-'
1X10'

Waste level to
100 x HBL ratio
3x10*
5X10"
7X10'
2X101
5X102
3X10*

    1 Health-based levels (HBLs) are based on either MCLs, RSDs, or RfDs as described in the October 11,1S91 proposed rule.
    • The HBL for this constituent is the new MCL (see 57 FR 31778 (July 7, 1992)) and differs from the proposed MCL (see 56 FH 51598 {October 11, 1991))
because of a change in the RfD. However, the concentration of this constituent in K150, as well as the teveSs that may reach potential human or environments!
receptors, exceed both the proposed level and the one used in today's rule.                    ,                 •       •

                                              TABLE 3.—ORAL HBL TOXICITY SOURCES
Constituent
Benzene 	
Benzotrichlon'de 	 	
Benzyl Chloride 	
Carbon Tetrachloride —
Chtorobenzene 	
Chloroform 	
Chloromethane . — . 	
1 ,4-DJchtorobenzene 	
Hexachlorobenzene ........
Pentachiorobenzene 	
1,2,4,5-
Tetrachlorobenzene.
1.1.2,2-
Tetrachloroetnane.
Tetrachloroethylene 	
Toluene 	 .'. 	
1,2,4-Trichtorobenzene ...
Class
A
82
B2
B2/S
D/S
B2/S
C
C
B2/S
S
S

C

*
D/S
D/S
Slope factor
(mg/kg/day) '
2.9x10-*
1.3X10'
1.7x10-'
1.3X10-"

6.1 X10-*
1.3X10-*'
2.4 XIO"2"
1.6



2x10''

5.1x10-*


Carcin HBL
(mg/L)
1x10-3
3x10~6
2 X10-*
3X10-4

6x10-'
3X10-*
1X10'3
2X10-'



2X10-*

7X10-'


RfDfmg/fco./
day) .



7x10-'
2X10-*
ixio-»


8X10-'
8x10-*
3x10-'



1X10-'
2x10-""
1X10-"
Toxicity HBL
(mg/L)



2x10-'
7X10-'
4X10-'


3X10"'
3X10~a
1X10-*



4X10-'
7 ••
4x10-'
MCL (mg/L)
5x10-s


5x10-'
1X10-'


7.5X10-'
1X10-*-,





5x10-'
1
7X10-'
HBLteachate
(mg/L)
•5xio-a
3xtO-«
2x10-*
5X10-*
1x10-'
6x10-»
3x10-»
7.5X10-*
ix.io-s ..
3X10-'
1X10-'

2X10-*
- '
5X10-'
r
7X10-'
Interim KBL

* •




X










    A, B2, C, and D refer to carcinogenic classes, S refers to systemic toxicants.                ••
  '  '* EPA is currently deliberating concerning this classification. For more information, see the discussion in Section 111.C.4 of this notice.
    " Compound is currently under review, and RID or CSF values are not considered verified.
    RfDs and CSFs obtained from: Integrated Risk Information System, 1891; Health Effects Assessment Summary Tables, FY 1991, OERR 9200.6-3C3 (91-1),
January 1991; Health Effects Assessment Summary Tables. OHEA ECAO-CIN-821, March 1992.


                                           TABLE 4.—INHALATION HBL ToxtCiTv SOURCES
Constituent
Benzene 	
Benzotrichloride 	

Carbon tetrachloride „ 	 	 	
Chtorobenzene
Chloroform 	
Chloromethane 	 , 	 - 	 „ 	
1 4-Dichlorobenzene ...

Pentachlorobenzene.. 	 	 	
1,2,4,5-Tetrachlorobenzene 	
112 2-Tetrachloroethane ,
Tetrachloroethylene 	
Toluene
1 2 4-Trichlorobenzene ...

Class
A
B2
B2
B2
D/S
B2
C
B2/S
B2


C
*
D/S
S

Stope factor
{mg/kg/day)-'
2.9x10"'
ND
NO
5.3X10"*

8.1X10"1
6.3X10-***
ND
16


2X10"'
2X10'S



Csicin HBL
fug/m3)
0.1


0.07

0.04
0.6

0.002


0.02
2.



RfC,(mg/kg/
day)




5x10 -J


0.2

ND
NO

NO
0.11
2.6X10-'

Toxicity HBL
(ng/m^




20


700





400
9

Status
a
b

8.D.C
tM
a
b
d
a,c


a
a
d
f

     A, B2, C, and D refer to carcinogenic classes, S refers to systemic toxicants.
     a Verified; b Under CRAVE review; c Based upon route-to-route extrapolation; d Under work group review
     f Derived from methodology that is not current with the interim inhalation methodology used by the RfD/RtC work group
     g Under review
     ND—Values not derived in the source document
     * EPA is currently deliberating concerning this classification. For more information, see the discussion in Section III.C.4 of this notice.
     ** Compound is currently under review, and RfD or CSF values are not considered verified.-                       •
     HBLs calculated from RfD,  RfC, or slope factors from the Integrated Risk Information System (!RtS), 1991;  Health  Effects Assessment Summary Tables
 (HEAST), OHEA ECAO-CiN-821. Match 1992; Health Effects Assessment Summary Tables (HEAST), OERR 9200.6-303 (9-91). January 1991.

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47380 Federal Register / Vol. 57, No. 200 / ' Thursday ,
15

C. Agency Response to Public
Comments '
Four commenters responded to the
Agency's October 11,1991, proposed
rule. The Agency has carefully
considered all the comments in
preparation of this final rule. The
comments the Agency received can be
summarized as follows:
1. ysting wastes that are currently
managed as characteristically
hazardous precludes the successful
completion of waste reduction/waste
minimization and pollution prevention
efforts.
2. Because of current management
practices, a small percentage of a listed
waste will cause a large volume of
characteristic waste to be listed as the
result of the mixture rule. Segregation of
the two streams is economically
prohibitive.
3. The Agency has overlooked the
inclusion of one facility's waste in
calculating the volume of K131
generated.
4. The weighl-of-evidence
carcinogenicity classification for
chloromethane and perchloroethylene
should be corrected, and other minor
technical and typographical corrections
should be made.
5. A typographical error appears in
the way K149 is defined in the proposed
rule.
6. The Agency's listing action should
be accompanied by an "automatic
delisting" provision that would remove a
generator's waste from regulation as a
listed waste when the waste no longer
exhibits any RCRA hazardous waste
criteria.
In this preamble, the Agency is
providing analyses of and responses to
all comments.
1. Effect of Listing on Waste Reduction
Efforts
One commenter, a chlorine ted
toluenes manufacturer, stated that it
generates all three subject waste
streams and presently manages all as
characteristically hazardous [K149 as
corrosive and K150 and K151 as
ignitable). The commenter objected to
the proposed listing because such an
action reduces the benefit of the
facility's waste minimization efforts to
decrease the corrosivity and ignttability
of the subject wastes to below-
characteristic levels.
The Agency has decided to list these
wastes because they frequently contain
a number of toxic constituents [at levels
several-fold higher than the HBLs) that
are persistent and mobile in the
environment. These wastes, therefore,
could impact adversely human health
and the environment if improperly
managed. The elimination of the
hazardous waste characteristics from
these wastes (i.e., ignitability and
corrosivity) would not necessarily
address the potentially toxic levs:!s of
the constituents that have been
identified in these wastes. For example,
using neutralization to eliminate the
corrosivity of the waste '.vould not
necessarily reduce its toxicity.
The Agency encourages the
commenter to decrease the volume of its
hazardous wastes. However,
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Federal Register f Vol. 57, No. 200 j TMrsday, October 15, 1992 / Rules and: Regulations 47381
capacity iii future land' disposal
restrictions determinations.
The Agency wishes, to clarify the
scope of. the K151 wastes. The K151
wastes' include, bat are net limited! to,
skimmings a-nd sludges- from oil/water
separators, sludges from settling basins.
upstream of wastewater treatment,- and;
other residuals from, physical' separation
processes in the absence of other
neutralization- OF biological treatment.
These wastes have been found to
contain high levels of hazardous
constituents and to otherwise, meet the
criteria for listing wastes as hazardous.
Conversely,, wastes generated from
chemical neutralization or biological
treatment do not meet the criteria for"
hazardous wastes and thus are not.
included in the scope of K151.
. Based oh information previously
provided to the Agency by the
commenter in support of the proposed
rule, the Agency does not believe that
the sludge in question is K151 because 'it
is generated after neutralization. The
Agency's detailed1 justification is in the
docket for this rule. Therefore, the
Agency maintains that its original
estimate of 600 metric tons as the annual
generation rate of K151 is valid.
4. Weight-of-Evidence Classification of
Perchloroethylene and Chloromethane
and Other Minor Technics! Revisions
Two comments concerned the; weigh t-
of>-evit&s-
commeiffer's statement, Agency
gu-fefeEnes do allow/ slope- factors to- be-
calculated1 frsra efTects- observeel emrj} a*.
the Mghest dose level (s«e Guidelines'
ir the source Kir this- value tathe
proposal rate- was. IKJSV thi» numfeeir wa* teceatfy
removsiS from IRIS. Oma&tenfe wife Agency pati^t.
the new source for the number is the Health EflSestSi
Assessment Summary Tables (HEAST).
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473B2 "Federal Register / Vol. 57, No. 200 / Thursday, October 15, 1992 / Rules and Regulations
for Carcinogenic Risk Assessment (U.S.
EPA, 1986a) which the available in the
docket).
Furthermore, the Agency believes that
even though this slope factor is currently
under review by the Agency, the levels
of chloromethane in K149 and K150 are
so high that the compound poses a
potential risk to human health and the
environment if the wastes are
mismanaged. This is because the
concentrations of chloromethane in
K149 and K150 (i.e., 7.000 and 13,500 mg/
kg, respectively) are in excess of one
million times the health-based level for
chloromethane. Even if the health-based
level were raised significantly based on
further review by the Agency, the
concentrations of chloromethane in the
wastes wouzd most likely still be present
at levels that are several orders of
magnitude above those considered to be
of concern. In addition, the bases for
listing K149 end K150 wastes include 13
constituents othsr than chloromethane.
The presence of these other hazardous ,
constituents, without the inclusion of
chloroaiPthane. at levels that could
potentially harm hum-in health and ihe
t i.viromnenl, provides adequate
jasJtBcation for finalising today's
lis'ivtgs.
The comnitnter also qucsiioned the
"Group C" K'eight-of-evidenee
cta«sif:cation fcr thlonjrnethane.
AUhcaph the cusicur classification for
ch'urtiirkSthane hud no effect or bearing
on this listing decision, the Agency
notes thai EPA currently verified the
"C" classification on IRIS. This
classification was based on ihe CUT
study and other additional information.
and interested readers may consult ihe
background document for further
information regarding this classification.
The health effects information and/or
HBLs of the constituents of concern that
have been changed since the proposal.
or were in error in the proposal, have
been revised to reflect the EPA's current
data base. This information was added
to the health effects assessment
background document prepared for this
final rule and is summarized in Tables 2.
3, and 4.
5. Typographical Error
A commenter notes that a
typographical error appears in the
proposed rule. The Agency agrees with
the commenter that the proposed
definition of K149 in 40 CFR 302.4 should
read:
"* * * (this waste does not include still
bottoms from the distillation of benzyl
chloride)." (See 58 FR 51608. October 11.
1991.)
6. "Automatic Delisting" Provision

One commenter suggested that, if the
rule is promulgated as proposed, an
"automatic delisting" provision should
be established for wastes that dp not
meet any of the hazardous waste
characteristics.
The Agency has listed today's wastes
because of the presence of toxic
constituents for which the Agency has
not set hazardous characteristics levels.
Of the IS constituents which comprise '
the basis for listing these wasites, 8 are
not Toxicity Characteristic (TC).
constituents. Therefore, even if these
wastes could be treated to a point where
the wastes no longer exhibit any of
RCRA's hazardous waste
characteristics, the constituents not
regulated by the TC may still be present
at hazardous levels in thesa wastes.
Furthermore, the Agency Is also
concerned that since the thick and .
hydccphobic nature of ihe.'se ivastes
parallels the characteristics oToily and
greasy wastes,,the doncsntrafi'ons'of
constituents may bs underestimated by
the Toxicity Characteristic Leaching
Procedure (fjr more1 information" •'•
regarding such fcoacerns. s«a the
proposed Hazardous Vv'astc.
identification Rule, 57 FR 21473- (May 20,
1982]). Ac 6.v;j;!pv.oa program based
sol&'y on the pr-e&etii RCRA
characteristics program, therefore,
would be inajiprepiiate. .-. \ '

IV. Impact cS Future Land Disposal
. Restrictions (LOR) Determinations

- The stiitaie requires EPA to-
promulgate iar*d disposal prohibitions—
that is, prohibit frojn land disjposal
hazardous was*as that do not meet the
pretreatmenl standards promulgated
under section 30C4(m) and 'bat are not
disposed in so-cailed no-migration
units—under a specific schedule for
wastes identified and listed prior to the
enactment of the 1984 amendments
(RCRA sections 3004(d), 3004|e), and
3004{g)(5), 42 U.S.C. 6924(d), (e) and
(g)(5)). If the Agency failed to
promulgate land disposal restrictions by
the dates specified in section 3004{g)(4),
the wastes were absolutely prohibited
from land disposal after May 8,1990, (or
in some cases November 8,1986 or July
8.1987). The Agency also is required to
make a land disposal prohibition
determination for any hazardous waste
that is identified or listed in 40 CFR part
261 after November 8,1984, within 6
months after the listing or identification
becomes effective (RCRA section
3004{g)(4). 42 U.S.C. 6924(g)(4)).
However, the statute does not provide
for automatic restriction or prohibition
of the land disposal of such wastes if
EPA fails to meet this deadline. :
Although some of the wastes covered
by'today's notice are being listed, in
part, because of the presence of the
same hazardous constituents found in
K015, they are newly-listed wastes, and
therefore, the treatment standards for
K015 do not apply to today's newly-
listed wastes. Because the Agency has
not yet completed treatability and
capacity analyses for these newly-listed
wastes, land disposal restrictions for the
wastes listed today are expected to be
addressed by April 1993. It should be
noted that because the statute does not
provide for automatic restriction or
prohibition of land disposal for newly- •
identified wastes until such restrictions
are promulgated, land disposal of these
wastes will not be restricted or
prohibited until the Agency promulgates
land disposal restrictions (unless the
wastes exhibit one of the hazardous
waste characteristics or meet.other land
disposal prohibitions, such as that on
disposing of liquids in isndniis]- Wastes
that exhibit the characteristic of toxicity
using the fcixicity characteristic leaching
procedure (SW-E46 Mjihod "311) are
considered newly-ioor-tifk-d aud.ere net
covered by the LDK, unless the waste
also exhibits the rjaaracteri'itic of
toxicity usLrtg fe extraction procedure
(SW-846 Method i3i'0 (see the Third
Land Disposal .Restrictions Rule, June 1.
1990, 55 FR 22529).'
Most of today's newly listed wastes
are expected to exhibit ihe
characteristics of ignitability,
corrosivity, or reactivity and thus are
already subject to the land disposal
restrictions standards for those
characteristics, which include reporting,
recordkeepiag, and tracking
requirements, dilution and storage
prohibitions, and treatment standards
(see 55 FR 22520, June 1.1990). These
wastes also may be subject to certain
California1 List treatment standards if
not already covered by a more specific
prohibition (see 55 FR 22874, June 1,
1990).

V. State Authority

A. Applicability of Final Rule in
Authorized States

Under section 3006 of RCRA, EPA
may authorize qualified States to
administer and enforce the RCRA
program within the State. (See 40 CFR
part 271 for the standards and
requirements for authorization.)
Following authorization, EPA retains
enforcement authority under sections
3007, 3008, 3013, and 7003 of RCRA,
-------
Ssgisfer / ¥oi, 5f. No> 2(ffl / Thursday,. October 15, 1992/les and; RegtttattoRs473a3
although, authorized States have .
primary enforcement responsibility.
Before HSWA amended RCR-A, a
State with final authorization
administered its' hazardous waste
program entirely fo lien of the Federal
program^ in that State. The Federal1
requirements no longer applied m the
authorized State, and EPA couhf not
issue permits foe any facilities located in
the State witfe permitting authorfzatfonf.
When new-, more' stringent Federal
requirements were promulgated: or
enacted, the State was obligated to
enaet equiTralent authority wfihin
specified trmeframes. New/ Federal
requirements did not take effeet iis as.
authorized: State: until, the State adopted:
the rsqadreiHcnts; as State few.
By contrast, under section 3®08fgJ of
RCRAv 42 1&&C. § §326(ig}, new
requirements -and! prohibitions imposed
by HSWA take effect in authorized!
Slates at the same time that they fake
effeet in nonauthorized States, EPA. fs
directed taiiBpfeiHent those
requirements and prohibitions' in
authorized States,, including the issuance
of permits, until the State is granted
authorization to Sen so- WMe States
most; still adopt HSWA-refeted
provisions as. part of State regulations to
retain final authorization, the^HSWA
requirements apply hi authorized States
in the interim..
Today's nrlie is being promulgated*
pursuant to section 3001feJ{2J of RCE&v
a provision added by Hie HSWA.
Therefore;, the Agency is amending
Table 1 m«€FR 27I-t(jX, whfcfe
identifies the Federal program
requirements that are promulgated1.
pursuant to the HSWA amd that take
effect ini all States,, regardless el their
authorization status. States may apply/
for either interim or final authorization
for. the HSWA provisions identified ira
Table 1 [4& CFR azklffiji, as discussed to
the following sectian a£ this preamble..

B. Effeet: oir State- Authorizations
As noted: above-,, EPA wffi implement
today's rule in authorized States until
they modify their programs to adopt this
rule and- the modifications are approved
by EPA, Because' today/a sale is
promulgated, pursuant to the HSWA,. a
State submitting, a program iraodilkatkin
.would be able to apply, to receive either
interim or final aatharizatious under
section. 30Q6CgI2J or, 3Q0B|bJ.
respectively, pa toe! basis'«tf. ' ''"
requirements that are^siitistantiaUf
equivalent or equivalent to EPA'a
requirements-, The proGcd'iB'ea and
sdieehile for. State pEegparB
modifications under secttoa 3QG64b} are
described, ia4& CEW 27tM~ The same
procedures should be foMowed: far -
section 3006(g}(2).
Section 271.21(e)(2) requires that
States that have final authorization.
mo hazardous sttfestance- is-
released to a quantity that equal's or
exceeds its RQ' must nnmedia tdy upon
knowledge notify the National. Response
Center of the release [see 40 CFR part
302). In additfoni te this reporting
recpi-iremsnt under CERCLA, secfiors' 304
of the Emergency Planning and:
Comraunity Rigfet-to-Knaw Act of 1983s
(EECRA) requises crvOTiers or operatora
of certain fadlities; to. report the release
of a CERCLA hazardaas au&stsuce- to
State and local authorities. EPCRA
sestiort 30$ notifica.tioii must be givera
immediately affejr the- release of an. RQ
or more to the eommunity emergeRey
coordinator of the k>cs£ emergency/
planning committee for each area likely
to be affected by the release,, and: to tfee1
State emergency planning: eofflmission
ol any State likels? to be af fextfeS by the
release.

B. Adjustment a/KQ:
hazardous wastes: newly diesignated
andier CER€LA will ha;\te a statutory RQ
of one pound1 unless and: until adjiasted1
by/ regufetioHv The AgeR«y"s>
methodology fdEriadpistihg'RQs of
indmdkat hazardous subataness begins
with an evaluation: of the intrinsic
physreal, chemical, and toxieotogieal'
properties- of eacb hazard'OHs:
substance.4 The intrinsic pro-pesties
exajtmraed— Galled: "primary, eriteria"1 —
are atpiatic; toxieity, mamntslfarf toarfcitj?
rv neactiwity^ chrome toxicityy,
and potential earcinogenieity . Generally,
for each inMnsie psspertyi, the Agency
ranks hazardous substances o» a- seal'er
associating: a. specific1 range of values' ora
each scale with an. RQ of I,, I0v lOOi 1009,
or 5Gfi@pRimliK.Tlte data-, for each
hazasdous ffabstance are evalaated
usfesg various priraaryf criterfe? each'
several tentative RQ values- based! on its
partdcuJar intrinsic: properties. The
lowest of the teijtative RQs becomes tfee
as amended; (CEROLAvIv, pursuanl! to
CERCLA seettort 1(B|14^ Therefoie» t&e
three cfa-kwisaated! tolasrtes waste
streams listed'as bazanferasander .
RCRA by this final rule (
* Ftar moro: defiiifedl information, on. t&isi :
iiiatharfalesjitaee'tttepBzaniliie'taao.BliJa
finaS rate p«btt3}!Bd(eaAaguaSt*. 1385 f5*.FB
3342^. & iJi&awirt
May 24. 188fl).
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47384
Federal Register / Vol. 57, No/200. / Thursdays October 15, 1992 / Rules and Regulations
"primary criteria RQ" for that
substance.
After the primary criteria &Qs are
assigned, substances are further : : '
evaluated for their susceptibility to
certain degradative processes, which
are used as secondary adjustment
criteria. These natural degradative
processes are biodegradation,
hydrolysis, and photolysis (BHP). If a
hazardous substance, when released
into the environment, degrades
relatively rapidly to a less hazardous
form by one or more of the BHP
processes, its RQ (as determined by the
primary RQ adjustment criteria), is
generally raised one level.8 This '
adjustment is made because the relative
potential for harm to public health or
welfare or the environment posed by the
release of such a substance is reduced
by these degradative processes.
Conversely, If a hazardous substance
degrades to a more hazardous product
after its release, the original substance
is assigned an RQ equal to the RQ for
the more hazardous substance, which
may be one or more levels lower than
the RQ for the original substance. The
downward adjustment is appropriate
because the hazard posed by the release
of the original substance is increased as
a result of BHP.
The methodology summarized above
is applied to adjust the RQs of
individual hazardous substances. An
additional process applies to RCRA
waste streams, which contain individual
hazardous substances as constituents.
As the Agency has stated (54 FR 33440,
August 14,1989), to assign an RQ to a
waste stream, the Agency determines
the RQ for each waste stream
constituent and then assigns the lowest
of these constituent RQs to the .waste
stream itself.
The lowest constituent RQ for each of
the waste streams that are the subject of
today's final rule (K149, K150, and K151)
is 10 pounds. In order-to coordinate
RCRA and CERCLA rulemakings, the
Agency proposed to adjust the one-
pound statutory RQs for each of these
xvaste streams to 10 pounds in its
October 11,1991, proposed rule (58 FR
51592). EPA received no comments on
these proposed RQ adjustments. The
Agency is therefore promulgating these
RQ adjustments by including final
adjusted RQs of 10 pounds for waste
streams K149, K150. and K151 in Table
302.4.
* No RQ level Increase baaed on BHP occurs if the
primary criteria RQ is already at its highest possible
level (100 pounds for potential carcinogens and 5000
pounds for all other types of hazardous substance-
cxccpt radionuclides). BHP is not applied to
radionuclldcs.
VII. Compliance Dates

A. Notification
Under the Solid Waste Disposal
Amendments of 1980 (Pub L. 9&-452J,
EPA was given the option of waiving the
notification requirement under section
3010 of RCRA following revision of the
section 3001 regulations, at the
discretion of the Administrator.
As proposed, EPA is waiving the
notification requirement as unnecessary
for persons already identified within the
hazardous waste management universe.
EPA is not waiving the notification
requirement for waste handlers who
have neither notified the Agency that
they may manage hazardous wastes nor
received an EPA identification number.

B. Interim Status
• Because HSWA requirements are
applicable in authorized States at the
same time as in unauthorized States, •
EPA will regulate K149. K150. and K151
until States are authorized to regulate
these wastes. Thus, once this, regulation
becomes effective, EPA will apply ,
Federal regulations to these wastes and
to their management in both authorized
and unauthorized States. Facilities.that
treat, store, or dispose of K149, K150,
and K151, but that have not received a
permit pursuant to section 3005 of RCRA
and are not operating pursuant to
interim status, might be eligible for
interim status (see section
3005(e)(l)(Aj(ii) of RCRA, as amended).!.
To operate Under interim status, the
eligible facilities will be required to
submit a section 3010 notification (when
the requirement is waived, as explained
above), pursuant to 40 CFR 270.70(g) and
will be required to submit a Part A
permit application within 6 months of
promulgation of today's listing pursuant
to § 27G.10(e).
Under RCRA section 3005{e)[3) and 40
CFR 270.73(d), within 18 months of
promulgation of today's listing, land
disposal facilities qualifying for interim
status under section 3005(e)(l3(A)(ii)
also will be required to submit a Part B
permit application and certify that the
facility is in compliance with all
applicable ground-water monitoring and
financial responslbiiity requirements. If
the facility fails to do so, interim status
will terminate on that date.
All existing hazardous waste
management facilities (as defined in 40
CFR 270.2} that treat;.store, or dispose of
K149. K15Q, and KjSl.and that aria • i •
currently operating pursuant to interim .
status under section 3005{eJ of RCRA,
will be required to file with EPA an
amended Part A permit application
within 6 months of promulgation of
today's listing.
C. Permitting Requirements •

Physical construction of any new
facility that will treat, store, or dispose
of these wastes may not commence until
Parts A and B of the permit application
have been submitted and a RCRA
permit has been approved. (See 40 CFR
270,10(f}.)
Under current regulations, a
hazardous waste management facility
that has received a permit pursuant to
section 3005 may not treat, store, or
dispose of K149, K150, and K151 unless
the permit modification procedures set
forth in 40 CFR 270.42(g) are satisfied.
Under 40 CFR 270.42(g)(l)(v), for
newly regulated land disposal units,
permi|ted facilities must certify that the
facility is in compliance with all
applicable 40 CFR 265 ground-water
monitoring and financial responsibility
requirements no later than April 15,
19S4. If the facility fails to submit these
certification, authority to manage the
newly listed wastes under 40 GFR
270.42(g) will terminate on that date.

VIII. Economic Analysis

Under Executive Order 12291, EPA
must determine whether a regulation is
"major" and/therefore, subject to the
requirements of a Regulatory Impact
Analysis (RIA). As mentioned in the
preamble to the October 11,1991
proposed rule, the total additional cost
for disposal of these wastes as
hazardous is approximately $12,000 per
year, which is significantly less than the
$100 million constituting a major
regulation.
Since EPA does not expect that the
amendments promulgated by today's
rule will have an annual effect on the
economy of $100 million or more or
result in a measurable increase in cost
orprices, or have an-adverse impact on
the ability of U.S.-based enterprises to
compete with either domestic or foreign
markets, these amendments are not
believed to constitute a major action..
Therefore, an RIA is not required.

IX. Regulatory Flexibility Act

Pursuant to the Regulatory Flexibility
Act, 5 U.S.C. 601-812, whenever an
agency is required to publish a general
notice of rulernaking for any proposed or
final rule, it must prepare and make
available for public comment a
regulatory flexibility analysis that
describes the impact of the rule on small
entities (i.e., small businesses; small
organizations, and small governmental
jurisdictions). However, if the head of
the agency certifies that the rule will not
have a significant impact on a
substantial number of small entities, no
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.Federal Register / Vol. 57, No. .200 / Thursday. October ^15.^ 3892^ £
regulatory flexibility analysis is
required.
The hazardous wastes proposed to be
listed here are not generated by small
entities (as defined by the Regulatory
Flexibility Act). Accordingly, I hereby
certify that this amendment would not
have a'significant economic impact on a-
substantial number of small entities.
Therefore, this regulation does not ,
""require a regulatory flexibility analysis.
X. Paperwork Reduction Act .
' This rale does not'contain any.
information-collection requirements
subject to OMB review under the _ "
PaperViork-Redaction Act of 1980, ;34".
U.S.C/35C1 etseq. ;,, ' •
List of Subjects , ' • ; •
49 CFR Part 261 " "' '' ,' ."
Hazardous- materials, Waste
treatment and disposal, Receding.
40 CFR Part 271

Administrative practice and
.procedure, Confidential business,,^.,^--,
information, Hazardous materials " '
transportation, Hazardous waste, Indisa
lands. Intergovernmental relations,
Penalties, Reporting and recordkeeping.
requirements, Water pollution control,
• Water supply. ; ;• ,,

40 CFR Part 302

'. .' Air pollution control; Chemicals,
Emergency Planning and Community- „
Right-To-Know Act, Extremely
hazardous substances. Hazardous
chemicals, Hazardous materials,
Hazardous materials transportation,
Hazardous substances, Hazardous
wastes, Intergovernmental relations,
Natural'resources, Pesticides and pests,
Reporting and. reeordkeepirig
requirements, Superfund, Waste .
• treatment and disposal, Water pollution
control, Water supply.
Dated: September 30; XS32L.i ;.
William KJReiHy;-"-•- •""---- . . ••'
Administrator. . -.'..-.
- 'For the reason's set out-in the
'preamble. Chapter I, Title 40 of the'Code
of Federal Regulations is amended as"
follows: . '''.,',

PART 261rr-ibENtiFieAf IO"N.'AND.' ':'
USTING OF HAZARDOUS WASTE :

1t The authority citation for Part 261
Eoritinues to read'as follows: 42 U.S.C.'- •
6805, 6912{a), 6921,6922, and 6938?
2. In § 261.32, add the following ivaste
streams in alpha-numeric order to the
- subgroup ""Organic Chemicals" in. the •
table: . ' ••- --' -' - ,'
§ 261:32 Hazardous wastes from specific.
sources. ,'• ... . '' . •
* f *•'*•'•*:
Industry and-EPA'
hazardous waste Ko.
Hazardous waste
. Hazard
- code
, DistiKation bottoms from the production of alpha- (or methyl-) chlorinated totuenes, ring-chlorinated toluenes, benzoyt chlorides, iff)
and compounds with mixtures of these functional groups, {This waste does not include still bottoms from the distillation of
benzyl chloride.). - ... .
K-JSO Organic residuals, excluding spent carbon adsorbent, from the spent cMorine gas and hydrochloric acid recovery .processes ji-).
associated with the production of alpha- (or methyl-) chlorinated tofuenes, Fing-eWorinated tofuenes, benzoyl chlorides, and
compounds with mixtures of those functional groups. - - .
Wastswater treatment sludges, excluding neutralization and biological stadges, generated during the treatment of wastewaters.. (T)
trom the production .of aipha- (or methyl-) chlorinated toluenes, nng-ehiorinated toStsenes, benzoyl chlorides, and .-compounds.
vwlh mixtures ofthese functional groups. •
3. Add the following entries in alpha-
numeric order to Appendix VII of Part
261: '.''...
.APPENDIX VM.—BASIS FOR LISTING HAZARDOUS WASTE
EPA hazardous waste
No.
Hazardous cortstituents'tor which foted-
K149 Benzotrichtotide, benzyl chloride, chloroform, chforometnane, chlorobenzene, t.-t-dichforobenzene, hexachlorobenzene, pentachlofoberi-
zene, 1,2,4,5-tetrachforobenzene, toluene. .,«„,-,. ti'"" u
K150 Carbon tetrachloride, chtorbtorm, chloramethane, 1,4-dichlorobenzene, hejsachlofobenzene, pentachlorobenzene, 1,2,4,5-tetrachlotoben-
zene, 1,1,2,2-tetrachloroethane, tetrachtoroethytene, 1^,4-ttichlorobenzene. . .
K151 Benzene, carbon tetrachloride. chloroform, hexachlorobenzene, pentachSorobenzene, tofuena,-1,2,4,5-tetfachlorobenzene, tetracwofoetny-
'
PART 271—REQUIREMENTS FOR
AUTHORIZATION OF STATE
HAZARDOUS WASTE PROGRAMS

4. The authority citation for part 271
continues to read as follows:
Authority: 42 U.S.C. 6905, 6912{a), and 8928,

5. § 271.1(j) is amended by adding the
following entry to Table 1 in
chronological order by date of
publication:
§ 271.1 Purpose and scope.
-------
47388 federal .Register / Vol. 57. No. 200 / Thursday, October 15, 1992 / Rules and Regulations

TABLE 1.—REGULATIONS IMPLEMENTING THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984
Promulgation dale
Title of regulation
Federal Register reference
Effective date
October 15.1992.
Listing Wastes from the Production of Chlorinated [insert Federal Register page April 15. 1993.
Toluenes. numbers].
PART 302—DESIGNATION,
REPORTABLE QUANTITIES, AND
NOTIFICATION

6. The authority citation for part 302
continues to-read as follows:
Authority: 42 U.S.C. 9602, 9603, and 9604: 33
U.S.C. 1321 and 1361.

7. Section 302.4 is amended by adding
the following entries to Table 302.4:
§ 302.4 Designation of hazardous
substances.
TABLE 302.4.—LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE QUANTITIES
[Note: All comments/notes are located at trie end of this table] •
' *
Hazardous substance CASRN Regulatory synonyms

Statutory

RQ Code'

Final RQ
RCRA
waste
No.