Friday
February 10, 1984
Part V
Environmental
Protection Agency
40 CFR Part 261
Hazardous Waste Management System;
identification and Listing of Hazardous
Waste; Interim Final Rule and Proposed
Rule
-------
5308
Federal Register / Vol. 49, No. 29 / Friday. February 10.1984 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261.
[SWH-FRL 2442-3(8)]
Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste
AGENCY: Environmental Protection
Agency.
ACTION: Interim final rule and request
for comments.
SUMMARY: The Environmental Protection
Agency (EPA) is today promulgating an
interim final regulation under the
Resource Conservation and Recovery
Act (RCRA). This regulation lists as
hazardous a group of wastes of a
generic category generated during the
manufacture of chlorinated aliphatic
hydrocarbons by free radical catalyzed
processes, having a carbon content
ranging from one to five, with varying
amounts and positions of chlorine
substitution. EPA originally proposed
Ma action in August, 1979. The effect of
this interim final regulation is that all of
these wastes will be subject to the
hazardous waste management
standards contained in 40 CFR Parts •
262-268.and the permitting requirements
of Parts 270,271, and 124. This action,
however, does not apply to wastes
generated during the production of
chlorinated aliphatic hydrocarbons that
are already listed as hazardous.
DATES: Comment Date: EPA will accept •
public comment on this amendment until
April 10,1984. -
, Effective Date: August 10,1984.
Notification Data: The Agency has
decided not to require persons who
generate, transport, treat, store, or
dispose of these hazardous wastes to
notify the Agency within 90 days of
promulgation that they are managing
these wastes. The Agency views the
notification requirement to be ,
unnecessary in this case since we
believe that most, if not all, persons who
manage these wastes have already
notified EPA and received an EPA I.D.
number.
ADDRESSES: Comments should be sent
to Docket Clerk [Docket 2B1-S3-2],
Office of Solid Waste (WH-562), U.S.
Environmental Protection Agency, 401M
Street, SW., Washington, D.C. 20460.
Communications should identify the
regulatory docket "Section 3001/Generic
Chlorinated Aliphatic."
Public Docket: The public docket
containing the Background Document
and all other supporting documentation
for this regulation is located in Room S-
212, U.S. Environmental Protection
Agency, 401M Street, SW., Washington,
D.C. 20460, and is available for viewing
from 9:00 a.m. to 4:00 p.m. Monday thru
Friday, excluding holidays.
FOR FURTHER INFORMATION CONTACT:
RCRA Hotline, toll free at (800} 424-9346
or at (202} 382-3000. For technical
information contact Dr. Cate Jenkins,
Office of Solid Waste (WH-565B}.
Environmental Protection Agency, 401M
Street, SW., Washington, D.C. 20460,
(202) 382-4788.
SUPPLEMENTARY INFORMATION:
I. Background
As part of its regulations
implementing Section 3001 of RCRA,
EPA published a list of hazardous
wastes which include hazardous wastes
generated from non-specific sources.
This list has been amended several
times, and is published in § 261.31 of
Title 40 of the Code of the Federal
Regulations. In today's action, EPA is
amending this section to add a
particular generic category of residual
wastes generated during the
manufacture of chlorinated aliphatic
hydrocarbons by free radical catalyzed
processes having carbon chain lengths
ranging from one to five ("Ci-Cs").1'
These wastes include distillation
residues, heavy ends, tars, and reactor
clean-out wastes. In addition, in .another
section of today's Federal Register, EPA
is also proposing to list as hazardous
light ends, spent filter and filter aids,
and dessicant wastes from these same
free radical catalyzed manufacturing
processes. Neither the interim final nor
proposed listing, however, include
process wastewaters, wastewater
treatment sludges, or spent catalysts.2
These listings also do not include
wastes from those processes listed
individually in 40 CFR 261.32, as they
are already listed. (Phrased another
way, after promulgation of the interim
final and the proposed listings, virtually
all solid wastes from these processes
that are not typically treated in plant
wastewater treatment systems will be
subject to RCRA control.)
'The Agency has limited this listing to Ci-C*
chlorinated aliphatic hydrocarbons for two reasons.
First, Cs-C.o chlorinated aliphatic hydrocarbons are ,
not produced in significant quantity in the U.S. by
the generic chemical reaction processes addressed
by these listings. Second, and more importantly, the
higher molecular weight chlorinated paraffin
manufacturing processes typically do not produce
organic residuals. --
'The Agency is not including wastewaters,
wastewater treatment sludges, and spent catalysts
as part of today's listing since the Agency has an
insufficient amount of data to determine the
hazardousness of these wastes on a generic basis.
However, as our data base becomes more complete,
we will re-evaluate these listings to determine
whether they should also be included.
On August 22,1979, the Agency
proposed, among other things, to list as
hazardous, by generic description, a
number of waste streams from the
production of chlorinated aliphatic
hydrocarbons (see 44 FR 49402). This
proposal covers all of the wastes listed
in today's interim final regulation (and
some which are not, at this time, being
promulgated as final rules).3 In addition,
the Agency is proposing to list several
new waste streams from the production
of these same chlorinated aliphatic
hydrocarbons under a separate action
described in another section of today's
Federal Register.
The hazardous constituents in these
wastes, both in the interim final and
proposed listings, include a wide range
of carcinogenic and other toxic
chlorinated and non-chlorinated organic
compounds. One or more of these
toxicants typically are present in high
concentrations in each waste (although
each waste does not contain all of the
individual toxic constituents of
concern). These wastes consequently
are of particular environmental concern.
EPA has evaluated these wastes against
the criteria for listing hazardous wastes
(40 CFR 261.11(a)(3)), and has
determined that they typically contain
high concentrations of toxicants, the
toxicants are mobile and persistent, the
wastes are generated in large volumes
aad have been mismanaged in the past,
and many of the toxicants in the wastes
, are regulated by other EPA regulations
as well as under regulations of other
governmental agencies. The Agency
believes, therefore, that these wastes
are capable of posing a substantial
present or potential threat to human
health or the environment when '
improperly treated, stored, transported,
disposed of, or otherwise managed, and
thus are hazardous wastes.
IL Summary of the Regulation
As stated, this interim final regulation
lists as hazardous certain wastes
generated during free radical catalyzed
manufacturing processes of chlorinated
'The listings proposed on August 22,1979
included wastes from the production of chlorinated
aliphatic hydrocarbons, chlorinated cyclic aliphatic
hydrocarbons, chlorinated aromatic hydrocarbons,
and chlorinated polymers. (In addition to the waste
streams covered by today's action, the original
proposal included spent catalysts and "washer
wastes" (contact process waters). For reasons
explained later in this proposal, today's regulation
does not apply to wastes from chlorinated aromatic
or chlorinated polymer production. It does,
however, apply to wastes from the production of
cyclic chlorinated aliphatic hydrocarbons because
they are a subset of the total set of chlorinated
aliphatic hydrocarbons.
-------
February 10, 1984 / Rules and Regulations
5309
aliphatic hydrocarbons 4 having carbon
chain lengths ranging from one to five.
This listing does net apply to those
wastes from chlorinated aliphatic
hydrocarbon production already listed
in § 261.32—namely EPA Hazardous
Wastes K016, KOI 8, K019. K020, K028,
K029, K030, K095, and K096, These
wastes were listed on May 19,1980, and
the listings are final for purposes of
rulemaking and of judicial review.
The residual wastes covered by this
interim final regulation include
distillation residues, heavy ends, tars,
and reactor clean-out wastes. The C«-
Cichlorinated aliphatic hydrocarbon
generic product category includes those
chemicals currently produced in the U.S.
| and also any new commercial products
which would also be part of this
category. The major commercial
products for which the associated
organic residual wastes are covered by
this interim final regulation as well as
the accompanying proposed regulation
include the following:
Carbon tetrachloride
1-Chlorobutane (/7-Butyl chloride)
Chloroethane {Ethyl chloride)
Chloroform {Trichloromethane)
2-Chloro-l,3-butadiene (Chloroprene)
Chloromethane (Methyl chloride)
2-Chloro-2-methylpropane (i-Butyl chloride)
3-Chloro-2-methylpropene {Methally!
chloride)"
3-Chloropropene (Allyl chloride)
Dichiorobutadiene
Dichlorobutenes
1,4-Dichlorobutyne
1,2-Dichloroethane (Ethylene dichloride)
Dichloromethane (Methylene dichloride)
1,2-Dichloropropane
1,3-Dichloropropene
Hexachlorocyclopentadiene
TetrachloroethylenefPerchloroethylene)
1,1,1-Trichloroethane
1.1,2-Trichloroethane
Trichloroethylene[l,l,2-Trichloroethene)
1,23-Trichloropropane
1,2,3-Trichloropropene
Vinyl chloride (Chloroethene)
Vinylidene chloride (l,l-Dichloroe!hene)
According to the U.S. International
Trade Commission, over 21 billion
pounds (9.5 million metric tons) of these
commercial chemicals are produced
annually by approximately 29 domestic
companies. Available information in the
Section 3007 RCRA Industry Studies
' "Chlorinated aliphatic hydrocarbons" refers to a
class of organic compounds. "Hydrocarbons" ere
organic compounds (molecules) composed solely of
the atoms hydrogen and carbon. "Aliphatic"
designates that the chemical bonding between
carbon atoms are single, double, or triple covalent
bonds, (not aromatic bonds). (Cyclic aliphatic
hydrocarbons are included in this class.)
"Chlorinated" means that the hydrogen atoms in the
"aliphatic hydrocarbon" have been chemically
replaced with chlorine atoms, at different positions
and also in multiple positions.
data base indicates that approximately
108 million pounds (75,000 metric tons)
per year of new wastes are covered by
this action while 63 million pounds
{29,000 metric tons) of new wastes
would be covered by the accompanying
proposed regulation. Approximately 3.3
billion pounds (1,509,000 metric tons) of
wastes associated with these
manufacturing processes are already
regulated under § 281.32. as discussed
above.
The wastes covered by these
regulations are formed as residuals at
several points in an integrated series of
chemical reactors and associated
purification units employed to produce a
range of desired chlorinated aliphatic
hydrocarbons. Our decision to list these
wastes by means of a generic process,
rather than by individual processes, is
based on the similarity of chemical
reactions and by-product formation
within these Ci-Cs free radical catalyzed
chemical conversion processes.
Although plants differ in process design,
size, and specific products
manufactured; a common factor is the
utilization of-one or more general
chemical reaction types in a series of
unit processes to generate higher
degrees of chlorinated compounds.
Usually at least one of these chemical
conversions in an integrated process is
catalyzed by "free radicals", which
generally require high reactor
temperatures. These free radical
catalyzed reactions are not totally
specific in producing the desired
chemical product; thus, reactor
conditions can only be arranged to
maximize the desired products.
Therefore, for any given Ci-Cs process, a
range of by-products will be formed
having both higher and lower carbon
atoms and higher and lower amounts of
chlorine substitution. It is possible to
predict many of the different chemical
species that will be formed in the course
of these free radical catalyzed
processes, and that will, in turn, be
found in the listed wastes. The Agency's
sampling program confirms these
predictions. The listing Background
Document and the sources cited therein
describe in detail the process, reaction
similarities, and chemical reaction
theory justifying the Agency's generic
approach.
The Agency also predicted and has
confirmed with sampling data that
processes employing only low
temperature acid catalyzed reactor units
do not generate the toxic wastes found
from integrated free radical catalyzed
processes. Consequently, the listing
descriptions apply only to wastes
generated by free radical catalyzed
integrated processes, (Phrased another
way, this listing does not include those
wastes generated from processes that
only use low tempierature acid catalyzed
reactor units.) This listing and
accompanying proposed listing are
intended to cover the described wastes
from all sources within an integrated
process utilizing free radical catalyzed
conversions, wheiher or not the
integrated processi utilizes free radical
catalyzed conversions solely or in
conjunction with other types of
chemically catalysed conversions. This
is because there is carry-over of toxic
by-products as well as intrinsically toxic
intermediates and products formed
during the free radical catalyzed
conversion process into all of the wastes
from these processed.
The wastes, described in this listing
as well as the accompanying proposal,
typically will contain significant
aggregate concentrations of one or more
of the following contaminants of
concern:
Chloromethane (Methyl cholride)**
Dichloromethane (Methylene chloride) * *
Trichloromethane (Chloroform)*
Carboii tetrachloride*
Vinyl chloride (Chlaroethene) *
1,1-Dichloroethane (Ethylidene dichloride}
1,2-Dichloroethane (iEthylene dichloride)*
1,1-Dichloroethene (Vinyiidene chloride)* '
1,1.1-Trichloroethani!**
l,l,2-Trichloroethan« *
Trichloroethene (Trichlorpethylene)*
1,1,1,2-Tetrachloroetlliane
1,1,2,2-TetrachloToetliane *
Tetrachloroethene (F'erchloroethylene)*
Pentachloroe thane
Hexachloroethane *
3-Chloropropene (Allyl chloride)
Epichlorohydrin (l-Chloro-2,3-
epoxypropanej*
Dichloropropane
Diohloropropene * *
2-Chloro-l,3-butadiene (Chloroprene)
Hexachloro-1.3-butadiene *
Hexachlorocyclopentadiene * *
o/pAo-Hexachlorocyolohexane *
ieto-Hexachlorocyclohexane *
ga/n.i7Q-Hexachlorocyclohexane '
cfe/ta-Hexachlorocyclohexane * *
Benzene*
Chlorobenzene * *
Dichlorobenzenes * *
1,2,4-Trichlorobenzeiie
Tetrachlorobenzene * *
Pentachlorobenzene "*
Hexachlorobenzene *
Toluene**
Naphthalene
'Indicates compounds that have been
determined by the U.S. EPA's Carcinogen
Assessment Group (CAG) as having evidence
of carcinogenicity. The weight of evidence for
carcinogenicity varies. Some of the chemicals
have human evidenco (epidemiology data)
while others have only animal evidence.
-------
5310
Federal Register / Vol. 49, No. 29 / Friday, February 10. 1984 / Rules and
Depending on the amount and quality of the
data, the evidence could be classified as
limited or sufficient using criteria developed
by the International Agency for Research on
Cancer. The EPA has established Ambient
Water Quality Criteria Levels based on their
potentially carcinogenic effects.
* 'Indicates compounds for which Ambient
Water Quality Criteria Levels have been
determined by the Agency for chronic human
health risks other than carcinogenicity.
The contaminants include chlorinated
aliphatic hydrocarbons as well as
aromatic compounds and chlorinated
aromatic compounds that are currently
identified in Appendix VIII of Part 261.
In addition, 2-chloro-l,3-butadiene
(chloroprene) and 3-chloro-propene
(allyl chloride) are new toxicants which
the Agency is adding to Appendix Vffl
of Part 261. The toxicology and
environmental fate of these toxicants is
presented in the Background Document
and Health and Environmental Effects
Profiles. By adding these two new
constituents, the Agency also is
increasing the number of hazardous
constituents for which land disposal
facilities must monitor'groundwater
under compliance monitoring programs
(See § 264.99). Land disposal permittees
also may be required to monitor for
these constituents under groundwater
detection monitoring programs 5 (see
§ 264.98).
As explained above, the Agency has
inferred the presence of these
contaminants from knowledge of
reaction chemistry and process
conditions. In conjunction with this
theoretical predictive methodology, the
Agency obtained representative samples
of these wastes and confirmed the
presence of these contaminants through
chemical analysis.
As shown in the Background
Document, the hazardous constituents
generally are present in these wastes in
significant concentrations, typically in
concentrations many orders of
magnitude above the levels related to
human health concerns. For example,
analysis of one.manufactuer's vinyl
chloride distillation residues (Table 1)
shows the hazardous constituents at
concentrations typically found in these
wastes.6
TABLE 1-
-VINYL CHLORIDE DISTILLATION
RESIDUE
•The Agency already has specified procedures
for analyzing these toxicants in groundwater. See
U.S. EPA. SW-B46, Test Methods for Evaluating
Solid Watte. Phyalcal/Chemical Methods. U.S.
Gov't. Printing Office Publication No. 055-002-
81001-2.
•U.S. EPA. Disposal of Oiganochlorine Wastes by
Incineration «t Se«. EPA Publication No. 430/9-75-
041 (1075).
Constituent
1,1,2-trichloroethanB.. — • —
1 ,1 ,2,2-tetrachtoroelhane -
dfchtofobutenes »
chforobanzena -
Peccant
«36.0
.4
15.0
.2
.2
1.8
.3
.7
1 At the present time, the Agency does not have adequate
information to classify these constituents as toxicants of
concern.
* That is, 360.000 ppm.
The Agency has calculated that
persons face a 1 per million increased
risk of cancer or other adverse health
effects as a result of lifetime ingestion of
water and aquatic organisms (fish, etc.)
living in such water when the water is.
contaminated at levels above the
Ambient Water Quality Criteria Levels
(AWQCL). As an indication of how high
toxicant concentrations in these wastes
are, the concentration of 1,2-
dichloroethane alone in the vinyl
chloride distillation waste approaches
400 million times the AWQCL. The other
toxic constituents likewise are
frequently present in concentration
orders of magnitude greater than the
AWQCL.
In all cases, the solubilities of the
toxicants of concern are many orders of
magnitude greater than the AWQCL.
Thus, only a small fraction of the
toxicants present in these wastes need
migrate and reach environmental
receptors to pose the potential for
substantial harm if these wastes are
landfilled improperly. Improper
incineration is another exposure
pathway of concern.
The chemical analyses obtained by
the Agency and company supplied
information in the Section 3007 RCRA
Industry Studies data base demonstrate
empirically similar high concentrations
of toxicants in the wastes covered by
this interim final and the accompanying
proposed regulation.7 Although there
were many differences between these
wastes, both qualitatively and
quantitatively, in all cases, there were
one or more of the toxicants of concern
present at levels which could present a
substantial environmental hazard if the
wastes are mismanaged.
We note further that comparison of
toxicity of individual waste constituents
is likely to understate the toxicity of
these wastes. This is because these
'The results of these analyses have been claimed
by the individual companies to be confidential
business information, and therefore are not
presented here. The Background Document and
supporting information for this action provide
aggregate toxicant concentration ranges for the Ci
through Cs process wastes sampled.
wastes are complex mixtures of many
hazardous constituents. Aggregate toxic
effects, whether additive or synergistic,
must be judged probable.
These wastes thus typically contain
many known toxicants in concentrations
well above those necessary to cause
substantial harm. All of these toxicants
are capable of migrating from the
wastes via leaching action and of
persisting in the environment in
concentrations sufficient to cause
substantial harm to environmental
receptors. Many of these toxicants also
are bioaccumulative, increasing the risk
of de facto exposure to higher levels of
toxicants, 'since receptors will
accumulate these toxicants in increasing
levels. We also note that these wastes
are generated in large quantities,
increasing the risk of exposure and
substantial damage if mismanagement
occurs.1
Thus, these wastes are capable of
causing substantial harm to humans if
managed improperly. Examples of
improper management which could
realistically occur include disposal in
unlined or inadequately lined land
disposal facilities, which could lead to
contamination of groundwater, surface
water, and soil. Improper incineration
could also lead to exposure to unburned
toxicants in the wastes, and also could
lead to exposure to products of
incomplete combustion, including
phosgene and hyrochloric acid. These
predictions of substantial harm all have
occurred in actual management of these
wastes. The Agency has documented
damage incidents involving
mismanagement of these wastes which
have resulted in surface and ground-
water contamination, and contamination
of soil and air as well. These incidents
show the potential for these wastes to
cause substantial harm, if mismanaged.
In addition, the constituents of concern
in the listed wastes have been shown in
other damage incidents to have
migratory potential and the ability to
persist in harmful concentrations after
migrating from waste matrices.
In summary, the Agency has
determined that the wastes listed in this
interim final regulation typically contain
toxicants at concentrations that are of
concern, that these toxicants are
capable of migration and persistence in
hazardous concentrations, and therefore
that these wastes are capable of causing
(indeed, repeatedly have caused)
substantial harm if mismanaged.
III. Respoasa to Comments
A number of commenters challenged
both the Agency's legal authority to list
wastes generically and the Agency's
-------
Federal Register / Vol. 49, No. 29 /Friday. February 10. 1984 / Rules and Regulations 5311
technical basis in supporting these
listings. The Agency has already
answered comments regarding its
authority to list wastes generically (see
45 FR'33114 (May 19,1980)). However,
confusion remains about the factors the
agency will consider when listing
wastes on a generic basis.
As this preamble and accompanying
background document make clear, the
Agency intends to base generic listings
on the factors set out hi 40 CFR
261.11(a){3), the same factors considered
for all hazardous waste listings. Thus, in
determining that wastes within the
generic class are typically and
frequently hazardous (see 40 CKR
261.11(b)), the Agency will look to such
factors as the nature of toxicity of the
various toxic constituents, the
concentration of toxic constituents in
the wastes, mobility and persistence of
these constituents, potential of these
constituents to bioaccumulate, and
whether the wastes have caused
substantial harm when mismanaged.
The wastes listed here and hi the
accompanying proposed listing are
typically and frequently hazardous
under these criteria. As shown above,
they typically contain very high
concentrations of a wide range of
hazardous constituents—concentrations
in some cases approaching a billion
times the levels calculated by the
Agency to increase the risk of cancer in
humans from a lifetime ingestion of
contaminated water and aquatic
organisms. There also is a distinct
possibility of synergistic toxicological
effects from the various constituents.
The constituents typically and
frequently are mobile and persistent,
and many are bioaccumulative. These
wastes have been mismanaged
frequently in the past and the
mismanagement has resulted in
substantial harm; in addition, they are
generated in large quantities. All of
these considerations strongly support*
the conclusion that these wastes are
typically and frequently hazardous
under section 1004(5) of the Act.
The generic listing descriptions, rather
than a listing of wastes generated in the
course of producing a particular Ci-Cs
product, also is a more accurate way of
listing these wastes. As discussed
above, this is because the reactions that
lead to toxic by-product formation, and
the conditions under which these
reactions occur, are essentially alike for
this entire group of wastes. In fact, a
wide range of marketable chlorinated
products can be made during one
specific Ci to Ce process. A listing linked
to only one product—for example,
"wastes from the production of carbon
tetrachloride"—understates greatly the
amount of wastes generated in this
generic Ci production process, omitting
wastes from the simultaneous
production of methyl chloride,
methylene chloride, and chloroform. The
generic listing thus utilizes these
underlying similarities as a critical
factor in establishing its basis.
Most of the comments critical of the
August 1979 proposal were general
comments critical of the Agency's
scientific methodology in predicting the
inevitable chemical formation of toxic
by-product constituents as a result of
the high temperature/pressure free-
radical generating conditions present in
the chemical reactor. The Agency
recognizes that there are process factors
such as internal recycling, and
differences in temperature, pressure,
and reactor configuration which may
cause variations in the wastes. "We do
maintain though, that a substantial
amount of toxic constituents will
predictably be removed from the
product process by the waste streams
described in the interim final (and
proposed) hazardous waste listing(s).
The preamble and background
documents to this regulation
demonstrate why these wastes, which
are hazardous, are typically and
frequently generated by these processes,
taking into account many of the factors
cited by the commenters, and thus
responding to their comments.
We do agree, however, at least for the
time being, with the commenters who
questioned the Agency's proposal to list
wastes from the production of
chlorinated polymers in that our present
information suggests that no substantial
volume of organic wastes is generated
from these processes; all potential
"wastes" are carried along with the
heavy viscous product stream and
incorporated into the product.
Finally, we note that the 1979 proposal
also included wastes from the
production of chlorinated aromatic
hydrocarbons. The Agency already has
listed individually many of these wastes
through its listing of wastes from the
production of chlorobenzenes and
benzyl chloride. The major process not
yet covered is chlorinated toluene
production. The Agency is now
evaluating these wastes, and will then
make a decision about whether to list
them.
IV. Opportunity for Comment
Although we already have proposed
to list the wastes covered by this interim
final regulation, the Agency decided to
allow further opportunity for comment.
We solicited and obtained comment on
additional data developed to support
these listings (48 !FR 22750, May 20,
1983). In light of our earlier proposal and
the opportunity to comment on
additional data, we do not believe it
necessary to propose this action. The
additional listing of light ends, spent
filters and filter aids, and spent
dessicant wastes from these same
manufacturing processes was not part of
the original proposal and is thus being
proposed separately in -another section
of today's Federal Register.
V. Economic, Environmental and
Regulatory Impacts
A. Regulatory Impact Analysis
Under Executive Order 12291, EPA
must determine whether a regulation is
"major" and therefore subject to the
requirement of a Regulatory Impact
Analysis. The total combined cost for
disposal of the wastes as hazardous,
assuming that all of these wastes would
be managed for the first time as
hazardous, and making conservative
estimates as to costs, is approximately
$38 million. It mu«t be noted though, that
information available from the Section
3007 RCRA Industry Studies data base
indicates mat over two thirds of these
wastes is already being managed as
hazardous waste at RCRA facilities. For
these wastes, listing will not add
appreciably to the current cost of
disposal except for the minimal
additional cost of recordkeeping. It will
also have very little additional cost
impact on the permitting of these
facilities since they are already handling
hazardous wastes. Based on this
reasoning, the estimated impact of this
rule will be well under the $100 million
that constitutes a major regulation.
The addition of the two new toxicants
of concern to Appendix VEK (2-chloro-
1,3-butadiene and 3-chloropropene) will
not result in any significant increased
burden hi groundwater monitoring
requirement The analytical techniques
currently employed to test for the
presence and concentration of other
chlorinated organic toxicants on
Appendix Vm (gan chromatography
combined with mass spectroscopy) will
simultaneously tesit for these new
toxicants.
In addition, we do not expect that
there will be adverse impacts on the
ability of U.S.-based enterprises to
compete with foreign-based enterprises
hi domestic or export markets.
Therefore, since this rule is not a major
regulation, a Regulatory Impact
Analysis is not being conducted.
This amendment was submitted to the
Office of Management and Budget
(OMB) for review us required by
-------
3312 Federal Register / Vol. 49, Nc. 29 / Friday, February 10, 1884 / Rules and Regulations
ii • iiMiiiiinim • ••••n ^^^^^tmMmmimm •••ill* ••laillll IH'iaiiaMlllllilMlll IIIIIMIIIB ill HBH'r "•••OigHmiaUIHIIimmiill I IIIIIHBM»JlilllWMPIMMa»M
Executive Order 12291. Any comments
from OMB to EPA, and any EPA
responses to those comments, ere
available for public inspection in Room
S-212atEPA.
B. Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility
Act, 5 U.S.C. 601 etseq., wheneve^an
agency is required to publish a general
notice of rulemaking for any proposed or
final rule, it must prepare and make
available for public comment a
regulatory flexibility analysis which
describes the impact of the rule on small
entities (i.e., small businesses, small
organizations, and small governmental
jurisdictions]. No regulatory flexibility
analysis is required, however, if the
head of the Agency certifies that the rule
will not have a significant economic
impact on a substantial number of small
entities.
The hazardous wastes listed here are
not generated by small entities (as
defined by the Regulatory Flexibility
Act), and the Agency does not believe
that small entities will dispose of them
insignificant quantities. Accordingly, I
hereby certify that this amendment is
unlikely to have a significant economic
impact on a substantial number of small
entities. This regulation therefore does
not require a regulatory flexibility
analysis.
VI. List of Subjects in 40 CFR Part 261
Hazardous materials; Waste
treatment and disposal, Recycling.
Dated: Febuaiy 6,1984.
Alvin L. Aim,
Acting Administrator.
For the reasons set out in the
preamble, Title 40 of the Code of Federal
Regulations is amended as follows: .
PART 261—IDENTIFICATION AND
LISTING OF HAZARDOUS WASTE
1, The authority for Part 261 reads as
follows:
Authority: Sees. 1006, Z002(a), 3001, and
3002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and
Recovery Act of 1976, as amended (42 U.S.C.
6905,6912(a), 6921, and 6922).
2. In § 261.31 add the following waste
streams:
§ 261.31 Hazardous waste from non-
specific sources.
Industry and
EPA
hazardous
waste No.
Hazardous waste
Hazard
code
F024 Wastes, indudtofl but not (ratted (T)
to. distillation residues, heavy '
ends, tars, and reactor dean-
out wastes from the produc-
tion of chlorinated aHprwHc hy-
drocarbons, having cotton
content from one to five, utiliz-
ing free radical catalyzed proc-
esses. tThte feting does not
Include light ends, spent Stem
and filter aids, spent desst-
cartts, wastewator, waotewatsr
treatment sludges, spent cata-
lysts, and wastes listed in
§261.32.3.
3. Add the following entry in
numerical order to Appendix VII of Part
261:
Appendix VII—Basis for Listing
Hazardous Wastes
EPA
hazardous
waste
Hazardous constituents for which listed
F024 CMoromettune, dtehloromethane, tricMofo-
mothane, carbon tetrachtoride, chtoroethy-
lene, 1,1-dfchIoroethane, 1,2-dichlofoetb-
ane. trans-1-2-dichloroetrry(ene, 1.1-dichlor-
octhytana, 1,1.1-trichloroethane, 1.1,2-trich-
loroetftane, tricNoroethylene. 1.1.1,2-totra-
chloroethane, 1,1,2-2-tetracWoraethane. te-
tracMoroeUiylena. pentachloroethane, hex-
acriloroflthane, ally! chloride (3-chioropro-
pene), dtehloropropane, dJchRyoprooene, 2-
chtoro-1.3-buta
-------
Federal Register / Vol. 49, No. 29 / Friday, February 10, 1984 / Proposed Rules
5313
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
[SWH-FRL 2442-3(b)]
Hazardous Wast® Management
System; Identification and Listing of
Hazardous Waste
AGENCY: Environmental Protection
Agency.
ACTION: Proposed rule and request for
comments.
SUMMARY: The Environmental Protection
Agency (EPA) is today proposing a
regulation under the Resource
Conservation and Recovery Act (RCRA)
that will list as hazardous a group of
wastes of a generic category generated
during the manufacture of chlorinated
aliphatic hydrocarbons utilizing free
radical catalyzed processes, having a
carbon content ranging from one to five,
with varying amounts and positions of
chlorine substitution. The effect of this
proposed regulation will be" that all of
these wastes will be subject to the
hazardous waste management
standards contained in 40 CFR Parts
262-266 and the permitting requirements
of Parts 270, 271, and 124.
DATE: EPA will accept public comment
on this proposal until April 10,1984.
ADDRESSES: Comments should be sent
to the Docket Clerk [Docket 261-B3-2],
Office of Solid Waste (WH-562), U.S.
Environmental Protection Agency, 401 M
Street, SW., Washington, D.C. 20460.
Communications should identify the
regulatory docket "Section 3001/Generic
Chlorinated Aliphatic."
Public Docket: The public docket
containing the Background Document
and all other supporting documentation
for this regulation is located in Room S-
212, U.S. Environmental Protection
Agency, 401 M Street, SW., Washington.
D.C. 20460i and is available for viewing
from 9:00 a.m. to 4:00 p.m. Monday thru
Friday, excluding holidays.
FOR FURTHER INFORMATION CONTACT:
RCRA Hotline, toll free at (800) 424-9346
or at (202) 382-3000. For technical
information contact Dr. Gate Jenkins,
Office of Solid Waste (WH-565B).
Environmental Protection Agency, 401M
Street SW., Washington, D.C. 20460,
(202) 382-4788.
SUPPLEMENTARY INFORMATION:
!. Background
As part of its regulations
implementing Section 3001 of RGRA,
EPA published a list of hazardous
wastes which include hazardous wastes
generated from non-specific sources.
This list has been amended several
times, and is published in § 261.31 of
Title 40 of the Code df'th'3 Federal
Regulations. In this notice, EPA is
proposing to amend this section to add a
particular generic category of residual
wastes generated during the
manufacture of chlorinated aliphatic
hydrocarbons by free radical catalyzed
processes having carbon chain lengths
ranging from one to five ("Ci-Cs").
These wastes are light ends, spent filters
and filter aids, and dessicants from the
manufacture of Ci-C5 chlorinated
aliphatic hydrocarbons.
In addition, in another section of
today's Federal Register, EPA is
promulgating, as an interim final rule.
hazardous waste listings for distillation
residues, heavy ends, tars, and reactor
clean-out wastes from this same generic
category of manufacturing processes.
Neither this proposed nor the interim
final listing, however, include process
wastewaters, wastewater treatment
sludges, or spent catalysts.
The hazardous constituents in the
wastes in this proposed listing include
the same wide range of carcinogenic
and other toxic chlorinated and non-
chlorinated organic compounds as in the
wastes listed in the accompanying
interim final rule. One or more of these
toxicants typically are present in high
concentrations in each waste (although
each waste does not contain all of the
individual toxic constituents of
concern). These wastes consequently
are of particular environmental concern,
EPA has evaluated these wastes against
the criteria for listing hazardous wastes
(40 CFR 261.11(a)(3)), and has
determined that they typically contain
high concentrations of toxicants, the
toxicants are mobile and persistent, the
wastes are generated in large volumes
and have been mismanaged in the past,
and many of the toxicants in the wastes
are regulated by other EPA regulations as
well as under regulations of other
governmental agencies. The Agency
believes, therefore, that these wastes
are capable of posing a substantial
present or potential threat to human
health or the environment when
improperly treated, stored, transported,
disposed of, or otherwise managed, and
thus are hazardous wastes.
II. Summary of the Proposed Regulation
As stated, the proposed regulation
would list as hazardous light ends, spent
filters and filter aids, and spent
dessicants generated during free radical
catalyzed manufacturing processes of
chlorinated aliphatic hydrocarbons
having carbon chain lengths ranging
from one to five. Available information
in the Section 3007 RCRA Industry
Studies data base indicates that
approximately 63 million pounds (29,000
metric' tons) per year of wastes would be
covered by this proposed regulation.
Our proposal to list these wastes by
means of generic process, rather than by
individual processes, is based on the
similarity of chemical reaction and by-
"product formation within the d-Cs
production processes, as described in
the accompanying interim final listing
and listing Background Document. The
wastes covered by both this proposal
and the interim final rule typically will
contain significant aggregate
concentration of one or more of the
following contaminations of concern:
Carbon tetrachloride*
Vinyl chloride (Chloroethenej*
1,1-Dichloroethani; (Ethylidene dichloridej
l,2-Dichloroethani3 (Ethylene dichloride)*
trans-1, 2-Dichlorj[>ethene
1.1-Dichloroetheni; (Vinylidene chloride)*
1.1,1-Trichloroethane **
1,1. 2-Trichloroethane *
Trichloroethene (Trichloroethylene) *
1,1.1, 2-Tetrachloroethane
1,1,2, 2-Tetrachloroethane *
Tethrachloroethene (Perchloroethylene) *
Pentachloroethane:
Hexachloroethane *
3-Chloropropene (Allyl chloride) ,
Epichlorohydrin (l-Chloro-2.*-
epoxypropane)"
Dichloropropane
Dichloropropene **
2-Chloro-l,3-butadiene *
Hexachloro-l,3-butadiene *
Hexachlbrocyclopentadiene **
a/pAa-Hexachlorocyciohexane *
fcefo-Hexachlorocyclohexane *
£am/no-HexachIoiocyclohexane *
cfe/ta-Hexachlorocyclohexane ** •
Benzen *
Chlorobenzene **
Dichlorobenzenes **
1,2,4-Trichlorobenzene
Tetrachlorobenzeue **
Pentachlorobenzene **
Hexachlorobenzerie *
Toluene **
Naphthalene
Chloromethane (Methyl chloride) *"
Dichloromethane (Methylene chloride) **
Trichloromethane (Chloroform) *
* Indicates compounds that have been
determined by the U.S. EPA's Carcinogen
Assessment Group (CAG) as having evidence
of carcinogenicity. The weight of evidence for
carcinogenicity varies. Some of the chemicals
have human evidence (epidemiology data)
while others have only animal evidence.
Depending on the amount and quality of the
data, the evidence could be classified as
limited or sufficient using criteria developed
by the International Agency for Research on
Cancer. The EPA has established Ambient
Water Quality Criteria Levels based on their
potentially carcinogenic effects.
* * Indicates compounds for Which Ambient
Water Quality Critftria Levels have been
determined by the Agency for chronic human
health risk other than carcinogenicity.
-------
5314
Federal Register / Vol. 49, No. 29 / Friday, February 10, 1984./, Proposed Rules
The contaminants include chlorinated
aliphatic hydrocarbons as well as"
aromatic, compounds and chlorinated
aromatic compounds that are currently
identified in Appendix VIII of Part 261.
The potential of all of these
contaminants to cause harm to human
health and the environment is described
in the accompanying interim final listing
notice, the listing Background
Document, and the Health and
Environmental Effects Profiles.
The wastes covered by these
regulations are formed as residuals at
several points fn an integrated series of
reactors and associated purification
units; utilizing one or more free radical
catalyzed chemical conversion steps to
produce a range of desired chlorinated
aliphatic hydrocarbons. This proposed
listing covers wastes from all sources
within an integrated process untilizing
free radical catalyzed conversions,
whether or not the integrated process
utilizes free radical catalyzed
conversions solely or in- conjunction
with other types of chemically catalyzed
conversions.
The usual plant sources of the light
ends derive from the hoi; gaseous
overhead streams from reactor vessels
and/or associated purification and
distillation equipment. The light ends
component of these overheads is in fact
liquids at standard temperature and
pressure, but because of elevated
temperature and admixture with gases
(e.g., hydrogen, methane) they require
some form of physical condensation to
be isolated as liquids. For example-,
freon condensora coupled with water
condensers are currently used by ••
industry to recover light ends, products^
unreacted feedstock, or wastes from the
overheads. Incineration, flaring, or
release to the atmosphere of light ends,.
without either partial or complete
condensation to ambient temperature, is
also practiced.
The Agency considers these light ends
> to be solid wastes within the meaning of
section 1004(28) of RCRA. Although
these wastes are generated as gases,
they are liquids at standard temperature ,
and pressure, and can feasibly be
condensed to the liquid phase after
generation.
The exclusion from RCRA of "gaseous
materials" that are not contained
(section 1004(28)}, in the Agency's view,
applies only to true gases, namely those
which are not capable of being
condensed and which remain gases at
standard temperature and pressure (for
example, the hydrogen and methane
admixed with the light ends). The
Agency, of course, is not requiring that
these light ends be condensed; however,
us a,RCRA hazardous wastes, these
light ends remain subject to the
.applicable regulations even if left in the
lt?rm> in ifK*lI*ij£f~jH-"t*ri ^flfjs* A etc,: , .
gaseous State. Otherwise, one could
evade regulation under RCRA simply by
heating every waste to .the gaseous
state.1 .
The spent filters and filter aids, and
spent dessicants are generated as .
residuals faring product intermediate
and feedstock purification. These
wastes are currently managed by
landfilling, incineration, or regeneration
and recycling. • ,
As shown in the Background
Document, the hazardous'constituents
generally are present in these waste in
significant concentrations, typically in
concentrations many orders or
magnitude above the levels related to
human health concerns. For example, an
analysis of one manufacturer's
chlorinated propane distillation light
ends (Table 1} shows the hazardous
constituents at concentrations typically
found in these wastes.2 Chemical
analyses obtained by the Agency and
company supplied information, in the
Section 3007 RCRA Industry Studies
data base demonstrate similar high
concentrations of toxicants in all these
wastes.3 Although there were many
differences between, these wastes, both
qualitatively and quantitatively, in all
cases, there were one or more of the
toxicants of concern present at levels
which could present a substantial
environmental hazard if the wastes are
mismanaged.
TABLE 1.—CHLORINATED PROPANE
DISTILLATION LIGHT ENDS
TABLE 1.—CHLORINATED PROPANE
DISTILLATION LIGHT ENDS—Continued'
Constituent
dichforomsihano and isopropyt alcohol *
chloroform, acetanitrite and dJeWoropropene
ethyl chloride * and Z-chiorcpropanea/propenss
1,1-dtehtoroethane. _
1,2-dfChtoroethane. ...« - ~
cMoropropane " _._ »
chloiopfopene i >H
chlorodihydroxypropanes *.- -
dtchloropropanes »...»«
dtchloropropenes ......
dichtoropropanots *
epicfilorohydrin ~ _•.•.—... —
Percent
'0.7
4.0
17.0.
4.0
02
22.0
18.0
0.2
12.0
14.4
0.2
0.4
1 The Agency has previous^ listed distillation
light ends from the production of phthalic anhydride
from naphthalene and orthoxylene as hazardous
wastes KO23 and KO93 (40 CFR 261.32), thus
establishing a precedent for regulating a waste
which originates from a gaseoua overhead process
stream. No comments were received questioning the
Agency's authority to regulate these wastes.
2 U.S. EPA. Disposal of Organochlorine Wastes
by Incineration at Sea. EPA Publication No. 430/9-
75-041 (1975).
' The results of these analyses have been claimed
by the individual companies to be confidential
business information, and therefore are not
presented here. The Background Document and
supporting information for this action provides
aggregate toxicant concentration ranges for the Ci.
through Ci process wastes sampled.
Constituent'
Percent
0.7
* At the present time, the Agency does not have adequate
information to classify these constituents .as toxicants oi
concern.
1 (Le-. 7,000 parts per mWion).
The Agency has calculated that
persons face a 1 per million increase
risk of cancer or other adverse health
effects as a result of lifetime ingestion of
water when the water is contaminated
at levels above the Ambient Water
Quality Criteria Levels fAWOCL). As an
indication of how high toxicant
concentrations in these wastes are, the
benzene alone in the light ends waste
approaches ten million times the
AWOCL. The other toxic constituents
likewise are frequently present in
concentrations orders of magnitude
greater than the AWOCL.
In all cases, the solubilities of the
toxicants of concern are many orders of
magnitude greater than the AWOCL.
Thus, only a small fraction of the
toxicants present hi these wastes need
migrate and reach environmental
receptors to pose the potential for
substantial harm if these wastes are
landfilled improperly. Improper
incineration is another exposure
pathway of concern.
In summary, and as detailed in the
listing Background Document, these
wastes typically contain toxicants at
concentrations that are of concern, these
toxicants are capable of migration and
persistence in hazardous concentration,
and therefore these wastes are capable ,
of causing substantial harm if
mismanaged.
IV. Economic, Environmental and
Regulatory Impacts
A. Regulatory Impact Analysis
Under Executive Order 12291, EPA
must determine whether a regulation is
"major" and therefore subject to the
requirement of a Regulatory Impact
Analysis. The effect of the present
amendment is judged to be minor.
The total combined cost for disposal
of the wastes aa hazardous, assuming
that all of these wastes would be
managed for the first tune as hazardous,
and making conservative assumptions
as to costs, is approximately $15 million
per year. This figure also overstates
costs because information available
from the Section 3007 RCRA Industry
Studies data base indicates that over
one fourth of these wastes are already
being managed as hazardous waste at
RCRA facilities. For these wastes, listing
-------
Federal
29 /
1984
will not add appreciably to the current
cost of disposal except for the minimal
additional cost of record keeping. It will
also have very little additional cost
impact on the permitting of these
facilities since they are already handling
hazardous wastes. Based on this
reasoning, the estimated impact of this
rule will be well under the $100 million
that constitutes a major regulation.
In addition, we do not expect that
there will be adverse impacts on the
ability of U.S.-based enterprises to
compete with foreign-based enterprises
in domestic or export markets.
Therefore, since this proposed ;:
amendment is not a major regulation, a
Regulatory Impact Analysis is not being
conducted.
This proposed amendment was
submitted to the Office of Management
and Budget (OMB) for review as
required by Executive Order 12291. Any
comments from OMB to EPA, and any
EPA responses to those comments, are
available for public inspection in Room
S-212 at EPA.
B, Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility
Act, 5 U.S.C. 601 et seq., whenever an.
agency is required to publish a general
notice of rulemaking for any proposed or
final rule, it must prepare and make
available for public comment a
regulatory flexibility analysis which
describes the impact of the rule on small
entities (i.e., small businesses, small
organizations, and small governmental
jurisdictions). No regulatory flexibility
analysis is required, however, if the
head of the Agency certifies that the rule
will not haye.a.gignificant ecgnomHj
impact onla substantlaT-^
entities.
The hazardous wastes listed here are
not generated by small entities (as
defined by the Regulatory Flexibility
Act), and the Agency does not believe
that small entities will dispose of them
in significant quantities. Accordingly, I
hereby certify that this amendment is
unlikely to have a significant economic
impact on a substantial number of small
entities. This-regulation therefore does
not require a regulatory flexibility
analysis.
VII. List of Subjects in 40 CFR Part 261
Hazardous materials, Waste
treatment and disposal, Recycling.
Dated: February 6,1984.
. Alvin L. Aim,
Acting Administrator.
For the reasons set out in the
preamble, Title 40 of the Code of Federal
Regulations is proposed to be amended
as follows: •
PART 261—IDENTIFICATION AND
LISTING OF HAZARDOUS WASTE
1. The authority for Part 261 reads as
follows:
Authority: Sees. 1006,2002(a), 3001, and
3002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and .
Recovery Act of 1978, as amended [42 U.S.C.
6905.6912(a), 6921, and 6922].
2. In § 261.31 add the following waste
streams:
§ 261.31 Hazardous waste from non-
specific sourcen.
Industry and
EPA
hazardous
waste No.
Hazardous waste
Hazard
code
F025 Light ends, spent filters and (T).
filter aids, and spent dessl-
cam wastes from the produc-
tion of chlorinated aliphatic
hydrocarbons, having carbon
content from one to five, uti-
lizing free radical catalyzed
processes.
3. Add the following entry in
numerical ordor to Appendix VII of Part
261:
APPENDIX VII—EIASIS FOR LISTING HAZARDOUS
WASTES
EPA
hazardous
waste No.
Hazardous constituents for which listed
F025— Chlofomethane, dichloromethane, trichlorometh-
ane, carbon tetrachtoride, chtoroethytene, 1.1-
dlchlcfoethans. 1.2-dichtoroethane, trans-1.2-
dichlcfoethylene, 1,1-dicriloroethytene, 1.1,1-
trichlcroetfiano, 1,1,2-trichtoroethane. trictitor-
oethylene, 1.1.1.2-telrachlofoethane. 1.1.2.2-
tetrachloroethane, tetrachloroethylene. pen-
tachkiroethane, hexachloroethane, ally! chlo-
ride (3-chioropropene), dichtoropropane, dich-
loropiopene, 2-chloro-1,3-buladiene, hexach-
lorc-1.3-butadlene, hexachlorocyclopenta-
dlene, hexachlorocyciohexane, benzene,
chtorobenzene, dichlorobenzeneg, 1,2,4-trich-
lorob»nzene, tetrachforobenzene, pentachtor-
oberurene, hexachlorobenzene, toluene,
naphthalene.
[PR Doc. 84-3687 Filed 2-9-84; 8:45 am]
BILLING CODE 6509-SO-M
-------
-------
-------
------- |