TOP
                      Friday
                      December 30, 1988
                                 -- lOPioP-FFFFF
                      Part X


                      Environmental

                      Protection Agency

                      40 CFR Part 260 et al.
                      Hazardous Waste Management System;
                      Identification and Listing; Proposed Rule
                      and Request for Comments

                      40 CFR Part 261
                      Hazardous Waste Management System;
                      Identification and Listing; Tentative
                      Petition Denial

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53282
Federal  Register / VoL 53, No. 251  / Friday. December 30.  1988 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Parts 260,261,262,264,265,
270,271, and 302

[FRL-344S-2]

Hazardous Waste Management
System: Identification and Listing of
Hazardous Waste; Standards for the
Management of Specific Hazardous
Wastes and Specific Types of  ,
Hazardous Waste Management
Facilities; Requirements for
Authorization of State Hazardous
Waste Programs; and Designation,
Reportable Quantities, and Notification

AGENCY: Environmental Protection
Agency.
ACTION: Proposed rule and request for
comments.

SUMMARY: The Environmental Protection
• Agency (EPA) is today proposing to
amend its regulations under the
Resource Conservation and Recovery
Act (RCRA) by listing as hazardous
 three additional wastes from wood
preserving operations that use
 chlorophenolic, creosote, and/or
 inorganic (arsenical and chromium)
 preservatives, and by listing as
 hazardous one waste from surface
 protection processes that use
 chlorophenolics. Wastes from wood
 preserving and surface protection
 processes at facilities that previously
 used chlorophenolics are also included.
 within the scope of the new listings.
 Bottom sediment sludge from the
 treatment of wastewators from wood
 preserving processes that use creosote
 and/or pentachlorophenol is  already
 listed as a hazardous waste (EPA waste
 K001). K001 wastes are not included in
 today's proposed listings. Comments are
 not solicited regarding K001 wastes.
 Comments received that address such
 wastes will not receive any response.
   As stated above, the proposed listings
 would regulate as hazardous wastes
 generated from wood preserving arid
 surface protection processes at facilities
 that previously used chlorophenolics
 and have changed to another
 preservative. These wastes are included
 due to the potential for them to be
 contaminated by hazardous constituents
 from chlorophenolic wastes.  The Agency
 recognizes that facilities exhibiting
 cross-contamination can be cleaned or
 can have equipment replaced, resulting'
 in the removal of any contamination.
 Consequently, the Agency is proposing
 an equipment cleaning or replacement ..
 performance standard'for, wood
 preserving and surface: protection '
                         facilities that have changed
                         formulations. Once the standard is met,
                         the waste generated at that facility from
                         processes that do not use chlorophenolic
                         formulations will no longer meet the
                         listing description. However, the waste
                         may meet the description of another
                         listing or it may exhibit a hazardous
                         waste characteristic.
                           The Agency is proposing to add three
                         compounds to the list of hazardous
                         constituents in Appendix Vffl of Part
                         261. Finally, EPA is proposing
                         amendments to regulations promulgated
                         under the Comprehensive
                         Environmental Response,
                         Compensation, and Liability Act
                         (CERCLA) at 40 CFR Part 302 that would
                         designate the wastes proposed for
                         listing as CERCLA hazardous
                         substances and would establish the
                         reportable quantities applicable to these
                        . wastes.
                           The effect of listing these four wastes
                         will be to subject them to the hazardous
                         waste regulations of 40 CFR Parts 262
                         through 266, 270, 271, and 124 of this
                         chapter; the notification requirements of
                         section 3010 of RCRA; and the
                         notification requirements under
                         CERCLA section 103,
                         DATES: EPA will accept public
                         comments on this proposed rule until
                         February 28,1989'. Comments received
                         after the close of the comment period
                         will be marked "late" and may not be
                         considered. Any person may request a
                         public hearing on this proposed
                         amendment by filing a written request
                         with EPA, to be received no later than
                         January 17,1989.
                         ADDRESSES: Comments on the RCRA
                         proposal should be sent in triplicate to:
                         EPA RCRA Docket Clerk (OS-332), 401
                            M Street, SW., Room S-205.
                            Washington, DC 20460.
                            All comments must be marked 	
                          "Docket Number F-88-WPWP-FFFFF."
                            Comments on the CERCLA proposal
                          should be sent in triplicate to:
                          Emergency Response Division, Docket
                            Clerk. ATTN: Docket No. RQ, Room
                            LG-100, U.S. EPA, 401 M Street, SW.,
                            Washington, DC 20460.
                            Copies of materials relevant to this
                          proposed rulemakihg are located at U.S.
                          EPA. 401M Street, SW., Washington,
                          DC 20460. The RCRA portions are
                          located in the sub-basement; the public
                          must make an appointment in order to
                          review them by calling (202) 475-9327.
                          The CERCLA portions are contained in
                          Room LG—100;. for an appointment call
                          (202) 382-3048. Both dockets are
                          available for inspection from 9:00 a.m. to
                          4:00 p.m., Monday through Friday,,
                          excluding holidays, the public may
copy 100 pages from the docket at no-'
charge; additional copies .are $0.15 per
page.
  Requests for a public hearing should'
be addressed to Mr. Devereaux Barnes,
Director, Characterization and
Assessment Division (OS-300), Office of
Solid Waste, U.S. Environmental
Protection Agency, 401M Street, SW,   *
Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT:
The RCRA/CERCLA Hotline at  (800)    1
424-9348 or, in the Washington,  DC
area, (202) 382-3000. For technical
information on the RCRA portion of the
proposal, contact Mr. Edwin F. Abrams,
Listing Section, Office of Solid Waste
(OS-333) at (202) 382-4787. For technical
information on the CERCLA portion of
the proposal, contact Ms. Ivette Vega,
Response Standards and Criteria
Branch, Emergency Response Division
(OS-210) at (202) 475-7369. Both are
available at U.S. Environmental
Protection Agency, 401M Street, SW.,
Washington, DC 20460.
 SUPPLEMENTARY INFORMATION: The
 contents of today's preamble are listed
 in the following outline:
 I. Background
 II. Summary of the Regulation
 A. Overview of the Proposal
 B. Description of the Industry
 1. Wood Preservatives and Surface
     Protectanta
 2. Wood Preserving and Surface Protection
     Processes
   a. Wood Preserving Processes
   b. Surface Protection Processes
 C. Description of Wastes
 1. Types of Waste Included in Today's
     Proposed Listing
   a. Wastewaters
   b. Process Residuals
   c. Drippage and Drippage Residuals
 2. Quantities of Waste Generated
 3. Waste Management Practices
 D. Basis for Listing
 1. Summary of Basis for Listing
 2. Waste Characterization and Constituents
     of Concern
   a. Wastes from Chlorophenolic Wood
     Preserving Processes (F032)
   b. Wastes from Chlorophenolic Surface
     Protection Processes (F033)
   c. Wastes from Creosote Wood Preserving
     Processes (F034)
   d. Wastes from Inorganic Woo'd  Preserving
     Processes(F035)
 3. Health Effects of Concern
. 4. Constituents Proposed for Addition to   .
     Appendix VIII
 5. Mobility and Persistence of Wastes from
     Wood Preserving and Surface  Protection
     Processes
: E. Basis  for Designating F032 and F033 as
     Toxic (T) Rather, than Acute Hazardous
     CH]    '     ;
 F. Technical Standards for Drip Pads
 • 1. Part 264 Technical Standards.for Drip Pads

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               Federal Register / VoL 53,  No, 251.1 Friday, December 30, 1988  /  Proposed Rules
                                                                        53283
a. Requirements for Containment-Systems (40
  CFR264.571)
  b. General Operating Requirement (40 CFR
    264.572)         .' -. •: ••:•
  c. Inspection Requirements (40 CFR
    264.573)            ,       .   ,
  d. Closure Requirements (40 CFR 264.574)
2. Part 265 Interim Status Standards  •
G. Equipment Cleaning or Replacement
    Standards for Wood Preserving and-
    Surface Protection Facilities
1. Applicability
2. Equipment Cleaning OF Replacement
    Performance Standard
3. Equipment Cleaning or Replacement
    Requirements
4. Previous Equipment Cleaning or
    Replacement Provision-:
5. Testing Requirement
6. Notification, Review, and Approval
H. Test Methods for Compounds Added to
    Appendices VII and VIII of 40 CFR Part
    261           •                •
I. Applicability of RCRA Rules for Recycled
    or Reclaimed Hazardous Waste •
HI. State Authority
A. Applicability of Rules in Authorized^ States
B. Effect on State Authorization
1. HSWA Provisions
2. Non-HSWA Provisions
• 3. Special Provisions for Drip Pad Standards
    Applicable to F032 and F033
IV. CERCLA Designation And Reportable
    Quantities Adjustment  ,
 V. Compliance Cost And Economic Impact
    • Analysis
 A; Description of Affected Population
 1. The Wood Preserving Industry
 2. The Surface-Protection Industry
 B. Regulatory. Assumptions Used in this
    Analysis
 t. Compliance Practices that Contribute to
    incremental Costs
 2. Compliance Practices that Do Not
    Contribute to Incremental Costs
 C. Cost and Economic Impacts
 1. Facility Costs of Compliance
 2. National Costs of the Proposed Rule
   a. Methodology
   b. Results     '
 3. Economic Impact-Analysis  '
   a. Methodology    '
     (1) Price Impacts
     (2) Industry Impacts
     (3) Employment Impacts
   b.Results              .        ,  ,.....
    • (1) Price Impacts
     (2) Industry Impacts ..'..'
     (3) Employment Impacts
  4. Limitations                     '
  VI. Regulatory Flexibility Analysis'
  A. Methodology *  •
  B. Results
  C. Conclusions
•  D. Regulatory Options Considered by the
      Agency
  VII.  Paperwork Reduction Act
  VIII. Compliance Procedures And Deadlines
  A. Section 3010 Notification        ...
  B. Compliance Dates             .
  1. F032 and F033
  2.F034andF035
    a. Interim Status in Unauthorized States.- - •
    b. Interim Status in AuthorizedStates.-'. •'.
•  3. DripJPad-Permitting and interim.Status  .,
      Standards             •.,.;.
  a. Unauthorized States
  b. Authorized States
 4. Application of Phasing of Regulations
 List of Subjects
 IX. References          '•
 Appendix: Environmental Contamination
    with Wood Preserving and Surface
    Protection Wastes

 I. Background
   Pursuant to section 3001 of Subtitle G
 of. the Resource Conservation and
 Recovery Act (ICRA), this notice
 proposes to list as hazardous three
 wastes generated from wood preserving
 processes that use either chlorophenolic.
 creosote, and/or inorganic (chromium
 and arsenical) preservatives. In
 addition, the Agency is also proposing to
 list as hazardous one waste that is
 generated from surface protection
 processes using chlorophenolic
 formulations. Certain wastes from the
 wood preserving industry are currently
 regulated as hazardous or have been
 proposed for regulation under RCRA
 previously. The following discussion
 provides a brief overview  of prior
 regulatory actions affecting wastes from
 the wood preserving and surface
 protection industries. Also provided is a
 brief summary of the Agency's basis for
 listing as hazardous the wastes covered
 by this proposed rule.
   On May 19,1980, EPA promulgated an
 interim final .rule which listed as
 hazardous numerous wastes from
 specific and non-specific sources (see 45
 FR 33084). Among others, EPA listed as
 hazardous one waste that is generated
 by wood preserving processes: EPA
 hazardous waste number K001—bottom
 sediment sludge from the treatment of
 wastewaters from wood preserving
 processes that use creosote and/or
 pentachlorophenol.
    The Agency concurrently proposed to
 add wastewaters from wood preserving
 processes to the list of hazardous
 wastes from specific sources  (see 45 FR
 33137). Later that year, EPA decided to
 reopen the comment period on both the'
 K001 listing and the proposed listing foe
 wastewaters from wood preserving
 processes that use creosote and/or
 pentachlorophenol. after receiving
 additional information about those
 wastes (see 45 FR 77435, November 12.
 1980). EPA provided a notice
  announcing the extended comment
  period on November 24,1980 (see 45 FR
  77466). White the Agency reopened the
  comment-period on K001, the K001
  listing remained in effect  and was not
  suspended.     .       '
    Also,  on May 19,1980, EPA
.  promulgated final regulations for
  identifying hazardous wastes by their
  characteristics (i.e., the hazardous waste
characterisncsrruies). These rules.
included the Extraction Procedure (EP)
Toxicity Characteristic (see 45 FR
33137). Wastes exhibiting this
characteristic are subject to regulation
under Subtitle C of RCRA. Wastes from
wood preserving processes that use
inorganic preservatives can contain
significant concentrations of arsenic and
chromium which may cause solid
wastes to be considered
characteristically hazardous pursuant to
40 CFR 261.24. Consequently, the EP
Toxicity Characteristic caused many
wood preserving wastes to be subject to
the hazardous waste regulations.
  On June 13.1986, as part of its
regulations implementing the Hazardous
and Solid Waste Amendments of 1984.
the Agency proposed to amend the
Extraction Procedure (EP) Toxicity
Characteristic (40 CFR 261.24) by adding
38 additional organic compounds and
introducing a new leaching procedure:
The Toxicity Characteristic Leaching
Procedure (51 FR 21648). Among these 38
organics are cresols and
pentachlorophenol. If the proposed
toxicity characteristic is made final, it
may cause a number of wastes
generated by the wood preserving and
surface protection processes to be
designated as characteristically
hazardous because these toxicants—
namely creosols and
perrtachiorophenol—- are commonly
present  in .wastes generated from wood
treatment proceeses using creosote and
chlorophenolic preservatives.
   This proposed rule complies with a
consent decree  filed July 27,1988. which
settled several elements of a civil action
filed on March 25. 1985 in U.S. District
Court for the District of Columbia
(Environmental Defense Fund and
National Wildlife Federation v. Thomas
et. al. No. 85-0974). One portion of this
consent decree  reads as follows:
   On or before  December 31.1988, P.PA
 will take tha following action with
 respect  to pentachlorophenol wastes
 from the wood preserving  industry:

 Either
   (A) EPA will  issue a Notice of
 Proposed Rulemaking in the Federal
 Register proposing regulations with
 regard to sucK wastes (with such Notice
 of Proposed Rulemaking stating that the
 Agency shall use its best efforts either to
 promulgate these regulations in final
 form or to withdraw the proposed
 regulations by June 30.1990):
   (B) EPA will publish in the Federal
 Register a notice announcing that the
 Agency has .made a determination not to

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53284
Federal Register / Vol. 53, No. 251 / Friday, December 30, 1988 / Proposed Rules
propose such regulations. Such a
determination shall constitute final
agency action.
  Although EPA believes that the rale
proposed today appropriately responds
to the consent decree, the Agency
acknowledges that the consent decree
neither requires that EPA regulate nor
mandates a specific statutory
framework under which any regulations
must be promulgated. The Agency will
continue to evaluate the benefits of
using other statutes, including FBFRA. to
control the wastes proposed today for
listing as hazardous. The Agency
specifically solicits comments on the use
of FIFRA or other statutes.
  Furthermore, while EPA also believes
that similar risks ascribe to creosote and
inorganic preservatives, thereby
justifying their inclusion in the proposed
rule, the consent decree is silent with
respect to them.    *
                           Today, EPA is proposing to amend
                         Part 261.31 by adding four waste
                         streams from wood preserving and
                         surface protection processes that use
                         organic and/or inorganic preservatives
                         to the list of hazardous wastes from
                         non-specific sources. The wastes (which
                         are more fully described later) include
                         wastewaters  (including those proposed
                         for listing on may 19,1980, i.e.,
                         wastewaters  from pentachlorophenol
                         and creosote  processes], process
                         residuals, spent preservative
                         formulations, and drippage from treated
                         wood. Table 1 lists the constituents of
                         concern that are present in the proposed
                         listed wastes. The proposed listings do
                         not include wastes already listed as
                         K001, but would supplement the existing
                         K001 listing and increase the quantity of
                         waste from wood preserving processes
                         regulated-under Subtitle C of RCRA.
                     TABLE 1.—CONSTITUENTS OF CONCERN

CWoroohenols:
2.4,6-Trichiorophenol 	 	 - 	 - 	
PentachJoropheno) 	 	
PAHs:
Benzo{l<)florarrthene 	 „ — „ — ."...„ 	 	 	 	
CS5ofu(«,h)onthranceno ._.._ 	 	 	 , 	
NdPnthakHK* 	 	 	 n 7-11— . 	 	 „,-... ...r,,,,,,r.,,T,.-..r 	 	 -•
Qioxins' and Furanx
Tatract^oda>enzo-/'-
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              jFgdbrai Register / VoL S3. Mo. 251 / Friday. December 3O, 1988 / Proposed Rales        53g85
 H.SE
         nyof TheReguiatfaMt
A Overview of the Proposal
  This notice proposes to add four
wastes from wood preserving and
surface protection processes to the list
of hazardous wastes from non-specific
sources (40 CFR 261.31). The four wastes
are:
F032—Wastewaters, process residuals,
  preservative drjppage, and discarded
  spent formulations from wood
  preserving processes at facilities that
  currently use or have previously used
  chlorophenolic formulations  (except
  wastes from processes that have
  complied with the cleaning or
  replacement procedures set forth in
  § 261.35 and do not resume or initiate
  use of chlorophenolic formulations).
  This listing does not include K001
  bottom sediment sludge from the
  treatment of wastewater from wood
  preserving processes that use creosote
  and/or pentachlorophenoL
F033—Wastewaters, process residuals,
  protectant drippage, and discarded
  spent formulations from wood surface
  protection processes at facilities that
  currently use or have previously used
  chlorophenolic formulations (except
  wastes from processes that have
  complied with the cleaning or
  replacement procedures set forth in
  § 261.35 and do not resume or initiate
  use of chlorophenolic formulations).
F034—Wastewaters, process residuals,
  preservative drippage, and discarded
  spent formulations from wood
  preserving processes that currently
  use creosote formulations. This listing
  does-not include K001 bottom
  sediment sludge from the treatment of
  wastewater from wood preserving
  processes that use creosote and/or
  pentachlorophenoL
F035—Wastewaters, process residuals,
  preservative drippage, and discarded
  spent formulations from wood-
  preserving processes that currently
  use inorganic preservatives containing
  arsenic or chromium. This listing does
  not include K001 bottom sediment
  sludge from the treatment of
  wastewater from wood preserving
  processes  that use creosote and/or
  pentachlorophenoL1
  1 While wood preserving processes that currently
use inorganic preservatives do not generate K001
sludges per s», EPA believes that there may be
numerous facilities that previously used
chlorophenolic and/or creosote preservatives and
bays changed to. inorganic preservative* is recant
yean without thoroughly cleaning process
equipment.At such {acuities there may be KOOT
wastes that were generated prior to changing
pMsenativM. but that ta« not yet been actively
managed; These sludges are KOO1 waste and are not
included in the F035 listing.
   EPA has found that these wastes
 typically and frequently contain toxic
 constituents, including some that are
 carcinogenic, that, when mismanaged,
 pose a substantial present or potential
 threat to human health and the
 environment In addition, the Agency
 has compiled evidence to demonstrate
 that the toxic constituents are mobile
 and persistent in  the environment and
 are capable of reaching receptors in
 harmful concentrations. The information
 that supports these findings is
 summarized in this preamble and is
 presented, hi detail, in the Background
 Document and other materials which are
 available in the RCRA Docket for this
 proposal.
   Upon promulgation of these proposed
 listings, all wastes meeting the
 descriptions would become hazardous
 waste. Waste generated prior to
 promulgation, however, would not be
 subject to numerous Subtitle C        '
 requirements until they are actively
 managed.
   The scope of the F032 listing covers
 wastes from pressure and non-pressure
 processes using pentachlorophenol
 (PCP) as well as other chlorophenolic
 formulations. In addition, this listing
 covers wastes from creosote and
 inorganic processes at facilities that
 currently use or previously used
 pentachlorophenol (or other
 chlorophenolic formulations) because
 the wastes may be cross-contaminated
 with chlorinated dioxins and/or
 dibenzofurans.
  Note.—This listing excludes, as do F034
 and F035, those wastes already covered by
 K001.
  The agency has concluded that cross-
 contamination is highly likely to occur
 under two circumstances: First, when
 creosote or inorganic processes are
 located at a facility where
 chlorophenolic processes are or were
 employed; and second, when creosote
 processes or inorganic processes use the
 equipment previously used for
 chlorophenolic processes. A discussion
 on the  extent of cross-contamination at
 facilities which use chlorophenolics (or
which previously used chlorophenolics)
 is presented later in this preamble.
  The Agency is proposing equipment
 cleaning or replacement procedures for
generators of F032 wastes which no
longer use chlorophenolic preservatives.
These procedures are designed to
decontaminate and remove the dioxin
and dibenzofuran contaminants from
process equipment. Once the procedures
are carried out to the specified standard,
wastes generated in processes using
non-chlorophenolic formulations will no
longer meet the listing description of
 FD32; however, these wastes may still be
 hazardous (i.e., they may still meet the
 listing description of F034 or F035 or
 exhibit one or more of the
 characteristics). Notification,
 recordkeeping, and reporting
 requirements are also included in the
 proposed rale and would have to be met.
 Generators should note that residues
 from the decontamination process will
 be regulated hazardous wastes and must
 be managed as F032.
   The scope of the F033 listing would
 cover wastes from wood surface
 protection processes that currently use
 or previously used chlorophenolics,
 including those processes presently
 using a preservative that is not among
 those addressed by today's proposal.
 Surface protection facilities that
 currently use chlorophenolic
 formulations may be able to change to
 surface protection chemicals that are
 not regulated by this proposed listing.
 Wastes from these processes, however,
 would continue to be regulated under
 RCRA due to the cross-contamination
 resulting from residues that remain on-
 site (e.g., in process equipment) after the
 change in formulation is made. The
 Agency recognizes that cross-
 contamination of wastes may be
 avoided and is therefore proposing to
 apply the same equipment cleaning or
 replacement procedures and
 recordkeeping, notification, and •
 reporting requirements to F033 wastes
 as would be applicable to F032 wastes.
 If these procedures are employed,
 wastes from surface protection facilities
 generated in processes that use non-
 chlorophenolic formulations may no
 longer meet the listing description. (EPA
 notes that this provision would not
 prevent the Agency from taking action
 to list wastes from surface protection
 processes using non-chlorophenolic
 formulations in the future, if such a
 listing is deemed necessary). In addition,
 wastes from non-chlorophenolic surface
 protection processes may also be
 regulated under RCRA as hazardous
 wastes if they exhibit any of the
 characteristics of a hazardous waste.
  The scope of the F034 listing would
 cover all wastes generated by pressure
 and non-pressure wood preserving
 processes currently using creosote that
 are not contaminated by constituents
 from processes using chlorophenolic
 preservatives. This listing would not
 include wastes that are included in the
 K001 or F032 listings.
  The scope of the F035 listing would
cover all wastes generated by pressure
 and non-pressure wood preserving
processes currently using inorganic
preservatives containing arsenic or

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53288	Federal Register / Vol. 53.. No. 251 / Friday. December 30, 1988 / Proposed Rules
chromium that are not contaminated by
constituents from processes using
chlorophenolic preservatives. This
listing would not include wastes that are
included in the K001 or F032 listings.
  Each listing includes excess
preservative or protectant that drips or
exudes from treated wood while it is
stored or held at the wood preserving or
surface protection facility after
treatment (this includes long- and short-
term storage areas, such as "luck-back"
areas). This residual has been included
in the listings because of its high
concentrations of toxic constituents and
the documented incidence of
mismanagement by the industry. EPA
has found many cases where such
drippaga or "kick-back" has been
disposed of directly on the ground,
resulting in widespread soil, surface
water, and ground water contamination.
Drippage may be washed off treated
wood or may be carried away by
rainwater and spread to nearby streams
or other surface water bodies.
  As a result of the proposed listing,
generators of treated wood diippage
would be subject to applicable
hazardous waste requirements. Because
information on waste management
practices for treated wood driippage
indicates that drip pads are often being
installed at new wood preserving and
surface protection facilities for purposes
of drippage management, today's
proposal includes provisions for
establishing a new type of hazardous
waste management unit: drip pads at
wood preserving and our surface
protection faculties.
  Of course, generators may choose to
install other types of waste management
units to handle drippage (i.e., tanks or
surface impoundments). In all
anticipated cases, generators would
become owners and operators of
hazardous waste treatment, storage, and
disposal facilities as a result of the
proposed listing. Today's rule also
includes a proposed amendment to the
90-day accumulation rule for generators
that operate drip pads at wocd
preserving and surface protection
facilities. Under this proposed
amendment, generators who remove
drippage from drip pads within 90 days
would not be required to obtain RCRA   .
Fart B permits for their drip pads,
provided that the pads comply with the
proposed Part 365 technical standards
for drip pads and certain other
requirements (this aspect of the proposal
is discussed in detail later in this
preamble).
  Residuals from the treatment, storage,
or disposal of wood preserving and
surface protection wastes that are
included in today's proposed listing
 would also be classified as hazardous
 wastes by the "derived from" rule (40
 CFR 261.3(c)(2)(i)). These "derived-from"
 wastes would include any treatment
 residual other than K001 bottom
 sediment sludges because the listing
 definition specifically excludes K001.
 For example, oil skimmings, oil
 absorbent materials, and ash or other
 residuals from treatment are subject to
 today's proposed listings.
   In response to suggestions made by
 representatives of the wood preserving
 industry, EPA considered regulating
 wastes from wood preserving and
 surface protection processes under
 authorities provided by other statutes
 such as the Clean Water Act, the Toxic
 Substances Control Act (TSCA), and the
 Federal Insecticide, Fungicide, and
 Rodenticide Act (FIFRA). The Agency
 chose however, to propose regulating
 wastes from wood preserving and
 surface protection under RCRA. We are
 soliciting comment today supporting
 that decision, presenting contrary views,
 or presenting any pertinent information,

 B, Description of the Industry

   A wide variety of chemicals are
 currently used to preserve wood. Those
 most commonly used are
 pentachlorophenol, creosote, and
 inorganic arsenical and/or chromate
 salts (inorganics). Wood preservatives
 are used to delay deterioration and
 decay of wood caused by organisms
 such as insects, fungi, and marine
 borers. Surface discoloration
 (sapstaining) during short-term storage
 can be adequately controlled by a
 superficial application of preservative.
 but, for long-lasting effectiveness,
 penetration of preservative to a uniform
 depth is required. This deep penetration
 is usually accomplished by forcing
 preservative into the wood under
 pressure, so that "pressure treated" is
 often used as a synonym for
 "preserved."
   Preserved wood production and
 treatment chemical consumption are
 summarized in Table 2. In 1985, three
 major product groups accounted for 89
 percent of the total production of
 preserved wood in the United States: (1)
 Lumber and timbers, mostly preserved •
 with inorganic preservatives; (2) railroad
 cross ties, switch ties and bridge ties.
 almost all preserved with creosote; and •
1 (3) poles, 60 percent preserved with
 pentachlorophenol, 23 percent with
 creosote, and 17 percent with inorganic.
 preservatives. The. remainder of 1985 • ••;
 production consisted of fence posts,
 piling, plywood, crossarms, and other •
 products (Micklewright, 1987)...  ••••
TABLE 2.—PRESERVED WOOD  PRODUC-
  TION AND TREATMENT CHEMICAL CON-
  SUMPTION, 1985

Number of plants. —
Products treated:
Crossties,
switch and
bridge ties
(million
cubic
meters) 	
Lumber and
timbers
(million
cubic
meters) 	
Poles (million
cubic
meters) 	
Other (million
cubic
meters). 	 ...
Total volume
of wood
preserved
(million
cubic
meters) 	
Treating chemical
consumed:
Creosote and
creosote/
coal tar
(million
liters) 	 _.
Petroleum
solvent
(million
liters) 	
Pentachloro-
phenol
(million kg) ....
Inorganic salts
(million kg) ....
Preservative type
Cresote
solu-
tions
122






2.7




0.21


0.5
.'

0.27





3.7






390



49


	



Pentach-
lorophenol
113






0.008




0.08


1.3


0.1





1.5










153


11



Inor-
ganics
448






0




7.7


0.38


1.2





9.3













	

56
  Source: Micklewright (1987).

  The distribution of preservative use
by the wood preserving industry is
summarized in Table 3. Seventeen
percent of the plants treat with more
than one preservative. Wastes
generated at these plants.can be
contaminated with constituents of all
preservatives used at the plant.

      TABLE 3.—DISTRIBUTION OF
        PRESERVATIVE USE, 1985
         Plants treating with
No. of
'plants
•Creosote ... .... 	 - 	
Creosote/Pentachlorophenol .1 	
Creosote/Inorganics 	 	 	
Pentachlorophenol/lnorganics.._ 	
Pentachlorophenol 	 	 	 - 	 - 	
Inorganics 	 «.~ 	 	 	
Creosote/Pentachlorophenol/lnorganics 	
Total .._..„..„..._ 	 ... 	 	
53
24
21
24
25
379
24
•550
  1 An additional 17 plants treated wood using non-
pressure processes.   • ••         -    .. .
  Source: Micktewright (1987).        •    - • ••

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               Federal Register / VoL 53* No. ZSX / Friday, December 3O. 198* / Proposed Ride*
   The American Wood Preservers
 Institute (AWP!) reported-587 plants that
 produced preserved wood in 1985 (14
 additional wood preserving facilities
 have recently been identified by AWPI).
 Approximately 60 percent of these
 plants are in the southeast and
 southcentral portions of the United
 States and account for 64 percent of the
 production of treated wood. Most plants
 that treat with creosote and/or
 pentachlorophenol are more than 25
 years old; several operating plants are
 more than 75 years old.
   Most surface protection takes place at
 sawmills, where cut lumber is dip- or
 spray-treated to prevent sapstain
 formation during short-term storage. The
 distinction between wood preservation  •
 and surface protection is not only the
 process used, but also the depth to
 which the preservation penetrates and
 the duration of the protection.
   In 1983, lumber production in sawmills
 was approximately 87 million cubic
 meters or 36.8 billion board feet (Lumber
 Production and Mill Stocks, 1983, as
 cited in DPRA, 1986). Approximately 10
 percent of this production, or 8.7 million
 cubic meters (3.7 billion board feet), was
 surface protected, the majority with
 aqueous solutions of sodium
 pentachlorophenate. The Agency
 believes that there may be up to 500
 sawmills currently surface protecting
 wood with chlorophenate formulations
 and a total of 1,500 sawmills that have
 protected wood with chlorophenates
 within the past ten years.

 1. Wood Preservatives and Surface.
 Protectants
   Pentachlorophenol is one of a group of
 synthetic organic compounds called
 chlorophenols that are commercially
 manufactured by reacting chlorine with
 phenol. Standard petroleum oils, similar
 to #2 heating oil, are most frequently
 used as solvents in preparing
 formulations of pentachlorophenol.
 Kerosene, mineral spirits, butane,
 alcohols, and liquefied petroleum gas
 (LPG) are also used as solvents by a
 small number of facilities.
 Pentachlorophenol formulations applied
 to wood typically contain 5 percent total
 pentachlorophenol; however,
 concentrations may range from 2 to 9
 percent.,Pentachlorophenol has been
 found to be contaminated with all PCDD
 and PCDFhomologues except
 tetrachlorodioenzo-p-dioxins (TCDDs)
 (Palmer, 1986 and USEPA, 1987).
   Tetrachlorophenol in its water soluble
 chlorophenate form is often used in
. sapstain control formulations.
 Commercial tetrachlorophenol has been
 found to be contaminated with all ten
homologues of poly chlorinated dibenzo-
p-dioxins (PCDDs).and-dibenzofurans  •••.
(PCDFsJ.           5
  Creosote generically refers to
mixtures of relatively heavy residual
oils (liquid and solid aromatic
hydrocarbons) obtained from the
distillation of wood, coal tar, or crude
petroleum. Only creosotes from coal tars
are accepted for use as wood
preservatives. The majority of creosote-
based formulations consist of coal tar
creosote or blends of creosote and crude
coal tar.
  The inorganic preservatives of
concern hi this listing consist of
arsenical and chromate salts dissolved
in water. The most commonly used
inorganic preservatives include
chromated copper arsenate (CCA).
ammoniacal copper arsenate (ACA),
acid copper chromate (ACC), chromated
zinc chloride (CZC), and fluor-chrome-
arsenate-phenol (FCAP). In a 1984
survey of the wood preserving industry
(USEPA, 1987), 83 percent of wood
preserved with inorganic preservatives
was reportedly preserved  with CCA, For
treatment purposes, CCA is typically
diluted in water to 1 to 2 percent total
CCA concentration, but treatment ,
concentrations can range from 0.9 to 8
percent total CCA in various treating
solutions {USEPA, 1987).
  Production of wood treated with
inorganic-preservatives has more than
doubled since 1980. This increase is  due
to the increased use of treated lumber
for decks, porches, and other exterior,
weather-exposed structures. The use of
inorganic preservatives, particularly
CCA, is increasing; as a result, most
new wood preserving plants are CCA
plants and facilities that treat
exclusively with inorganic preservatives
are  (on average) only 10 years old.
  Water solutions of the sodium or
potassium salts of pentachlorophenol
(pentachlorophenates) are used
extensively in the sawmill industry for
surface protection. Chlorophenate
formulations are produced by dissolving
chlorophenols in a slightly alkaline
(above pH 7) sodium hydroxide solution.
Commercial chlorophenates have been
found to contain PCDDs and PCDFs.
(Generally, these commercial
concentrates are diluted to 0.5 to 1
percent total pentachlorophenate and
applied to the wood by-dipping or
spraying.
  An estimated 3OQ to 500 sawmills use
an approximate total of 680 kkg (1.5
million pounds) of sodium
pentachlorophenate to prevent
sapstaining of approximately 8.7 million
cubic meters (3.7 billion board feet) of
lumber annually.    '
2. Wood Preserving and Surface
Protection Processes      -

  o. Wood preserving processes.
Creosote, pentachlorophenol, and
inorganic wood preservatives are all
applied to wood by similar processes.
More than 99 percent of the wood
preserved in the United States is
produced by pressure treatment
processes, which employ a combination
of air pressure, hydrostatic pressure,
and vacuum (Micklewright, 1987).
Pressure treatment takes place in sealed
pressure vessels known as cylinders or
retorts. A limited quantity of wood is
preserved using non-pressure treatment
processes in which the preservative is
allowed to diffuse into the wood; typical
non-pressure processes involve soaking
the wood in open tanks at ambient
pressure.
  The prerservative penetration
required to preserve wood adequately
can only be achieved if the wood has
been properly conditioned; that is, if the
moisture content of the freshly-cut wood
is reduced to a point where the
preservative can penetrate and be
retained by the wood. Conditioning is
required before pressure and non-
pressure preservation processes, but is
not used for surface protection in which
a superficial application of preservative
is adequate. Conditioning is the major
source of was tewater in the wood
preserving industry.
  Moisture reduction methods include
drying wood in yards, at ambient
temperatures (air seasoning); kiln
drying; steaming the wood at elevated
pressure in a retort followed by
application of a vacuum; heating the
stock in a preservative bath under
reduced pressure in a retort (Boulton
process); and heating of the unseasoned
wood in a solvent under pressure (vapor
drying).
  Air seasoning and kiln drying
generate minimal amounts of
waste water. Thus, facilities that use
these conditioning methods, principally
non-pressure treaters and facilities  that
use inorganic'preservatives, generate
little wastewater. Wastewaterfrom air
seasoning and kiln drying is often
contaminated with preservative by
mixing the wastewater with other
wastes later in the process. Boultonizing,
steam conditioning, and vapor drying
(conditioning methods used by pressure
treaters) produce-wastewater consisting
of the water that is driven out of the
wood in the same cylinder or retort that
is later used for preserving the wood.
Steam cnn'Hi tinning also produces a
considerable volume of steam
coridensate.The-volume-of wood

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53288
Federal Register / .Vol. 53,  No. 251  /  Friday.  December 30. 1988 /Proposed Rules-
conditioning water varies according to
wood type, preservative formulation,
conditioning method, and other factors.
In general, from 84 to 1,200 liters of
water may be generated per cubic meter
(0.5 to 9 gallons per cubic foot) of wood
(USEPA,1987).
  After the moisture content of the
wood has been reduced by conditioning.
the wood is preserved either by simple
non-pressure methods or by pressure
processes. Non-pressure processes
include brushing, spraying, dipping,
soaking, and thermal processes. These
processes involve the repeated use of
preservative in a treatment tank with
fresh preservative solution added" to
replace consumptive loss. The continual
reuse of preservative leads to the
accumulation of wood chips, sand,
stones, and other debris contaminated
with various hazardous constituents in
the bottom of the treating tanks. This
contaminated debris is the major source
of process waste for non-pressure
processes.
  There are two basic types of pressure
treatment processes, distinguished by
the sequence in which vacuum and
pressure are applied. The first method is
referred to in the industry as the
"empty-cell" process. It is used to obtain
relatively deep penetration with limited
absorption of preservative. There are a
number of empty-cell processes;
generally, air pressure is applied to the
wood as preservative is pumped into the
 treating cylinder or retort. Once the
 desired level of retention has been
 achieved, the unused preservative is
 drained off and the excess preservative
 is vacuum pumped away from the wood.
   The second method, known as the
 "full-cell" process, results in higher
 retention of preservative but limited
 penetration compared to the empty-cell
 process. A high vacuum is created in the
 treating cylinder and preservative is
 pumped in without breaking the vacuum.
 Once full, pressure is applied until the
 wood will retain no more preservative.
 There is no difference in the types of
 wastes generated by full- and empty-cell
 processes, although wood treated by the
 full-cell process may produce more
 drippage than wood treated by the
 empty cell process. (The terras "empty"
 and "full" are measures of the level of
 preservative retained by the wood
 cells.)
   Typical pressure processes involve
 recycling of preservatives from work,
 storage, and mixing tanks to the   •
 pressure treating vessel. Fresh
 preservative solution is added to replace
 consumptive loss. Preservative
 formulation lost with wastewater or
 through drippage into the door sumps is
 also sometimes collected and fed back
                         into the process. The continual reuse of
                         preservative formulation leads to
                         accumulation of contaminated sawdust,
                         wood chips, sand, dirt, stones, tar, and
                         polymerized oils. This material
                         comprises the bulk of wood preserving
                         process residuals (not including
                         wastewater) and is collected in treating
                         cylinders and tanks; in holding, work,
                         storage, and mixing tanks; in door
                         sumps; and in filters and separators
                         used to prepare preservative solutions
                         for reuse.
                           After both pressure and non-pressure
                         treatment, some unabsorbed
                         preservative formulation adheres to the
                         treated wood surface. Eventually, this
                         liquid drips from the wood or is washed
                         off by precipitation. If the wood has
                         been pressure treated, excess
                         preservative will also exude slowly from
                         the wood as it gradually returns to
                         atmospheric pressure (a phenomenon
                         commonly called kick-back).
                         Preservative formulation (especially
                         pentachlorophenol and creosote
                         formulations) may continue to exude
                         ("bleed") from pressure and non-
                         pressure treated "wood for long periods,
                         even after the wood is shipped off-site
                         and installed for its intended end use
                         (Arsenault, 1976). Drippage from
                         pressure treated wood may be
                         minimized by steaming the wood  after
                         treatment to wash off adhering
                         preservative or by applying a final
                         vacuum to the wood charge before it is
                         removed from the retort.
                           Management of drippage varies from
                         facility to facility and often depends on
                         the production schedule. A facility
                         producing near its capacity generally
                         removes a charge from the treating
                         cylinder and transfers it to storage
                         quickly. In these cases, most drippage
                         and kick-back will occur in the treated
                         wood storage yard. At facilities
                         operating on slower schedules, a  charge
                         may be allowed to drip in the retort for
                         an extended period. Other facilities
                         have drip pads over which trams of
                         freshly-treated wood are allowed to sit
                         for one to three days. Drippage may be
                         routed to a sump and reused in the
                         treatment process or may be discarded.
                            b. Surface protection processes. The
                          surface protection of wood involves the
                          application by spraying or dipping of
                          sapstain control agents to wood.
                          Spraying can be performed manually or
                          with a continuous conveyor belt system
                          where the wood passes through a spray
                          box. The chlorophenolic spray is often
                          contained by means of flexible brushes
                          or curtains positioned at either end of
                          the box. The boxes may be kept at a
                          negative pressure with an exhaust vent
                          to remove the chorophenolic aerosols.
                          After spraying or dipping, the excess or
free liquid is drained from the wood-into
a catch basin, .where it is routed to a
screen or filter to remove sawdust and
other particles before it is returned to
the supply tank for reuse. As the freshly-
treated wood is moved from the
treatment area to the storage area it
continues to drip.                .
  Dip tanks may also be used to apply
surface protection chemicals to large
bundles of wood or to individual pieces
of wood in the production line. The
wood can be dipped using transport
chains, forklift mechanisms for large
jobs, or sequential submerging
techniques. Solution used in the dip
tanks for sapstain control is
occasionally recycled, otherwise it is
continually replenished. Recycled
solution is pumped through a filter or
screening device to remove sawdust and
debris before it is returned to the
storage/mixing tanks. At smaller-scale
facilities, sawdust and other debris
simply accumulate on the tank bottom.

C. Description of Wastes

   Wastes from wood preserving and
surface protection processes consist of
wastewaters, process residuals
(including discarded preservative) and
drippage.
1. Types of Waste Included in Today's
Proposed Listing
   a. Wastewaters. Wastewaters include
wastewater generated from steam
 conditioning the wood in treatment
 cylinders prior to applying the
preservative. Other sources of
wastewater include, but are not limited
 to, preservative formulation recovery
 and regeneration wastewater, water
 used to wash excess preservative from
 the surface of preserved wood
 (especially poles), and condensate from
 drying kilns used to dry preserved or
 surface protected wood. Operations that
 involve the rinsing of drums, storage
 tanks, the process area, and equipment
 also generate wastewater. Finally,
 water, including rainwater, that
 accumulates in door and retort sumps
 and rainwater falling on or in the
 immediate vicinity of the tre'ating
 cylinder and work tank area is also
 included in the proposed listing.
 (Storage area rainwater is not included
 in the listing definition. However, it may
 become subject to regulation when it is
 disposed together with drippage covered
 by the listing). Water from the process
 area is often collected and treated with
 other process wastewaters and hence,
 may become a process waste, subjecting
 mixtures of rainwater and other wastes
 or wastewaters to the "mixture" rule
  (see 40 CFR 261.3(a)(2). Collected

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               Federal  Register / Vok 53»  No. 251 / Friday, December 30. 1988 / Proposed Rules         S35E3
rainwater is included in the effluent
guidelines definition of wood preserving
process wastewater. Wastewaters are
not already covered under the scope of
the K001 listing.
  Wastewaters from wood preserving
and surface protection processes are
currently subject to permitting
requirements under the National
Pollutant Discharge Elimination System
(NPDES) or the national pretreatment
regulations, both promulgated under
authority of the Clean Water Act, as
amended. Upon promulgation of today's
proposed listing, Wastewaters from
wood preserving and surface protection
would also be subject to regulation
under Subtitle C of RCRA, except as
excluded under 40 CFR 261.4.
  Section 261.4 provides exemptions
from treatment as a RCRA solid waste
for several types of materials, including
wastes that are mixed with domestic
sewage as they pass through a sewer
system to a Publicly Owned Treatment
Works —POTW— (see 40 CFR
261.4(a)(l)) and wastes that constitute
industrial wastewater discharges
subject to regulations under section 402
of the Clean Water Act (see 40 CFR
261.4(a)(2)). Wastewaters discharged to
sewers and eventually to POTWs by
wood preserving and surface protection
facilities would therefore be exempt  •  '
from regulations under Subtitle C of
RGRA once discharged. They may be
subject to RCRA requirements prior to
discharge however, and they would be
subject to applicable Clean Water Act
pretreatment regulations. Similarly,
treated effluent from wastewater
treatment plants discharged from
NPDES-permitted wood preserving and
surface protection facilities would
qualify for exemption under § 261.4(a)(2)
(but would remain subject to all NPDES
permit provisions). The exemption
would not extend to activities that occur
prior to wastewater discharge at
NPDES-permitted facilities. Hence,
tanks and other units in which listed
wastewaters are collected, stored,
accumulated, treated, and/or disposed
at wood preserving and surface
protection facilities would be subject to
regulation under Subtitle C of RCRA.
Under 40 CFR 261.4, however, tanks that
constitute wastewater treatment tanks
(in accoradance with the definition of
"wastewater treatment units" of 40 CFR
260.10) are exempt from RCRA Subtitle
C requirements.
  b. Process residuals. Materials such
as sawdust, wood chips, sand, dirt, and
stones that are attached to the wood
when it enters the retort (in the case of
pressurized preservation processes), the
dip tank, or the spary booth (for surface
protection processes) can be washed off
the wood during the process. These
materials will form a residue in the
retort or dip tank. They may also settle
out of the preservative solution
elsewhere in the process (e.g., in work
tanks or sumps) or be removed during
filtration of the preservative prior to its
reuse. Tar and emulsified or
polymerized oils may also settle  out in
the treating cylinder, treating tank, or
dip tank during wood preserving
operations using creosote or
pentachlorophenol. All of these wastes
are considered process residuals.
Specifically, process residuals include,
but are not limited to: Precipitated
preservative solution: tar; emulsified
polymerized oils; spent or discarded
formulation; treating cylinder, treating
tank, and dip tank sediments; filter,
screening, or exhaust residuals from
spray booths; hand spraying residuals;
residuals from drying kilns used to dry
preserved or surface protected wood;
residuals from holdings, work, storage,
mixing, or other tanks; residuals that
accumulate in secondary containment
surrounding tanks; door or cylinder
sump residuals; residuals from recycling
and regeneration of preservative; leaks
from process equipment; and residuals
from maintenance and cleaning of
process equipment. Process residuals
are not already covered under the scope
of the K001 listing.
  c. Drippage and drippage residuals.
Drippage and drippage residuals may
accumulate on designated drip areas, on
pathways over which treated wood is
transported, and in treated wood
storage yards. Drippage and drippage
residuals include free drippage of
preservative from treated wood,
preservative that is washed off treated
wood by precipitation, and residuals
from collecting and recycling
presevative that drips off or is washed
off treated wood. Drippage and drippage
residuals are not already covered under
the scope of K001 listing.

2. Quantities of Waste Generated

  Table 4 presents estimates of the
quantities of waste generated annually
by wood preserving and surface
preelection processes. These estimates
were prepared using production
normalized waste generation rates and
estimates of production of preserved
and surface protected wood. The waste
generation rates were derived from data
collected in the 1984 survey of the wood
preserving industry conducted by EPA
(USEPA, 1987), from data supplied
independently by the industry, and from
data collected in a sampling effort
carried out jointly by EPA and the State
of'Oregon at four Oregon sawmills.
Production estimates, in terms of
preservative used at a given facility,
were obtained from the AWPI Wood
Preserving statistics report for 1985
(Micklewright, 1987). In addition, the
production of surface protected wood
was estimated to be 8.7 million cubic
meters per year (3.7 billion board feet
per year). The assumptions and data
used to generate this estimate are
provide in detail in the Background
Document for this proposed listing.
                              TABLE 4.—ESTIMATED NATIONWIDE WASTE QUANTITIES (M;'/YR.)
Waste
Wastewater1 	 	 	
Process Residuals4 	 	 „ 	
Drippage and drippage residuals 	 '. 	 	 	
Total.. ..

. • i F032
\ 35-1 QOO
i 1 800
	 	 	 	 700
' 353 500

F033
2 5QQ 000
600
' 8,700
9 300

F034 FO'35


600 1 900-
350 100 • 2 300

   1 Wastewater treatment residuals covered under the K001 listing are not included in these estimates. Wastewaters from process area runoff and  from
contamination or mixing of nonprocess area runoff with listed wastes also are not included in these estimates.        •
   * Surface protection processes do not usually generate process wastewater. Precipitation that falls in the process area is included in the F033 listing. Precipitation
that falls in other areas of the facility (e.g., on storage yards) is not included in the F033 listing. However, it may become subject to regulation when mixed with other
listed materials such as preservative drippage. Assuming a one-quarter acre process area per plant and 40 inches of rain fall per year, about 1,000 cubic meters per
year per plant of surface protection wastewaters, consisting of run-off from process areas, are potentially generated. With 300 to 500 surface protection facilities
nationwide, this amounts for 300 to 500,000 m3/yr of wastewatera.
   These wastewaters are often collected in catch basins and sumps and conveyed through ditches and conduits. Sediment and sludges collect in these devices at
a rate of approximately 4.84 X 10" 4 m3 of material per meter3 surface-protected wood. Assuming production of 8.7 million ma/yr of surface-protected wood, 4 200 m3
of sump, catch basin, and drainage ditch sediments are generated annually.

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              Federal Regi.ter / VoL 53. No. 251 / Friday. December 30.-198& / Proposed Huley ;
53290
   Scores: USEPA, 1987.
  The waste estimate for F032 includes
wastes from chlorophenolic wood
preserving processes, and wastes from
creosote, inorganic, and other processes
at facilities that treat with
chlorophenolics. Wastes from creosote
and inorganic processes at facilities that
formerly used chlorophenolicai are not
included in the volume estimates for
F032 (they are instead included in either
F034 or F035) because current EPA data
on preservative use cannot be
disaggregated by historical preservative
use. To the extent that preservation
facilities may have switched from
chlorophenolics to other formulations.
                                      the total quantity of F032 may be slightly
                                      underestimated and the quantities of
                                      F034 and F035 overestimated.
                                        An estimated 699,000 cubic meters per
                                      year of wastewaters are generated by
                                      the wood preserving industry. Further,
                                      an estimated. 4.200 cubic meters of
                                      process residuals, and 11,900 cubic
                                      meters of drippage per year are
                                      generated. By comparison, wastewater
                                      treatment residuals covered under the
                                      K001 listing are generated at a rate of
                                      10,000 cubic meters per year, these are
                                      not included in" the estimates in Table 4.
   TABLE 5-WASTE MANAGEMENT PRACTICES FOR WASTES PROPOSED FOR
                                              FACILITIES (PERCENT)l
                                                                         3. Waste Management Practices
                                                                           To support this proposed listing, EPA
                                                                         has compiled information on the waste
                                                                         management practices currently used by
                                                                         the industry. Two .principal information
                                                                         sources were used: The 1984 survey
                                                                         conducted by EPA (USEPA, 1987) and a
                                                                         survey conducted by the American
                                                                         Wood Preservers Institute (AWPI)
                                                                         (landenheim. 1987). Management
                                                                       - practices, reported for wastewaters,
                                                                         wastewater treatment residuals, and
                                                                         process residuals are summarized in
                                                                         Table 5. Management practices reported
                                                                         for drippage at wood preserving
                                                                         facilities are summarized in Table 8.

                                                                        LISTING AS REPORTED BY SURVEYED
Waste management practice
Discharged to POTW 	 	 	 - 	
Discharged to surface water 	 	 — 	 • 	 "
Reuso, returned to process 	 	 	
Removed by wasto contractor * 	 „___. 	 	 	 ••— 	
Thermal evaporation tn tanks 	 	 	 * *
Storage in surface impoundments—...™ — . 	 ~ 	 : 	 	 	 " 	
Storigst hi Tanks™.....-™.. — ~— ~v — ~— ~~~~ 	 ••• 	 	 "'
Burned Ui boilor/wood burner 	 -ZZZ"'-"
Reclaimed for reusa 	 1 	 	 — 	 	 	 	
land fceatment™™..-™™™™..™™.™™'.™™--™"""""*""'"""" •*"• ••*'
Not spectfitd _™.™™,». — ~~~™...™... 	 -—•— 	 	 	
Pentachtoro-
phenol and
creosote
wastewaters *
[Percent]
63
3
10
3
3
13
0
I:::::::::::::::::
8
e.
Pentactv
toro-
phenol
wood
preserv-
ing
process
residuals
[Percent]
70
7
3
3
13
10

Creosote
process
residuals
[Percent]
63
7
7
13
7
3
3

Inorganic
process
residuals
[Percent]
«84
0
5
0
7
2
" 2

     * Inctuoes wastes removed by preservative chemical suppliers.
     Source: Bacxground Document

     TABLE 6-MANAGEMENTT PRACTICES FOR DRIPPAGE AT WOOD PRESERVING FACILITIES. BY PRESERVATIVE
                                                                                                         USED
'
Number of plants surveyed 	 	 	 : 	
Percent with surfaced drip pad ,„ 	 • 	 	
Percent reusing drippaga from surfaced drip pad 	 	 : 	
Percent with surfaced storage yard 	 ••••• 	 •• 	 -
Percent allowing drfppaga In storago yard directly to ground * 	 -.- 	 : 	 r
Pentach-
loropnenol
only and
creosote
plus
pentach-
loropnenol
15
47
86
13
87
Creosote
only
25
40
100
12
88
Inorgan-
ics only
82
91
91
38
62
Creosote
plus/or
pentach-
lorophenol,
plus
inorganics
' 15
73
47
13

      > Calculated by difference (100%—% with surfaced storage yard).
      Source: tbooahemv 1987).
  Sixty-three percent of the 86 facilities
aurveyed in 1984 by EPA that reported
                                         managing wastewater discharged their
                                         wastewater to Publicly Owned,
                                                                                               that wastewater

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               Federal Register /  Vol. 53,  No. 251  / Friday. December 30, 1988 / Proposed Rules        §3291
 discharged to POTWs was pretreated by
 oil/water separation in tanks prior to
 discharge. Ten percent of the facilities
 reported using some type of aeration
 wastewater treatment process and 3
 percent reported using both aeration
 and activated carbon filtration
^wastewater treatment processes.
 Thirteen percent of the facilities
 reported storage or disposal of process
 wastewater in land-based units (i.e.,
 land treatment units, evaporation ponds,
 and surface impoundments).
   Wood preserving facilities generally
 manage their process residuals by
 contracting with a commercial waste
 removal company for their disposal
 Some suppliers of inorganic
 preservatives also provide this service
 for their customers. Residuals from
 pentachlorophenol and creosote treating
 processes are also managed by storage
 in surface impoundments or burning on-
 site in an industrial boiler or wood
 burner. These practices were not
 reported for inorganic process residuals.
   Forty to 50 percent of the facilities
 that use pentachlorophenol and/or
 creosote have a surfaced drip pad, while
 91 percent of. the facilities that use
 inorganic preservatives have a surfaced
 drip pad. This larger fraction is believed
 to be due to the fact that inorganic
 plants are generally newer than other-
 wood preserving facilities and are-
 specifically designed for recovery and
 reuse of preservative drippage. Drip
 pads are used to route to collection
 areas or devices, excess preservative
 that drips from the treated wood when it
 is removed from the treating cylinder.
 Facilities that do not have surfaced drip
 pads generally allow excess
 preservative to drip directly onto the
 ground. Most of the facilities that have
 surfaced drip pads report reusing the
 collected drippage. AWPI did not report
 the management practices used by
 facilities that do not reuse collected
 drippage.
   Only 12 to 13 percent of the facilities
 treating with pentachlorophenol and/or
 creosote have surfaced storage pads
 (i.e., long-term storage yards) while 38
 percent of facilities treating with
 inorganic preservatives have some
 surfaced storage area. Thus, the Agency
 concludes that at the remainder of the
 facilities (about 88 percent of
 pentachlorophenol and creosote
 facilities and 62 percent of inorganic
 facilities), any preservative that drips off
 stored, treated wood (and any
 preservative that is washed off by
 precipitation) is disposed of on the
 ground.
   No survey data were available to
 describe waste management practices at
 sawmills that surface-protect wood.
 Some data, however, were obtained
 from the facilities sampled by EPA in
 conjunction with the State of Oregon.
 Three of the four sawmills sampled by
 EPA reported their practices for
 managing process residuals. Two of the
 facilities contract with a commercial
 waste disposal company to transport
 their dip tank sludges and spray booth
 residuals to a solid waste landfill. The
 third sawmill reported that its dip tank
 sludge is burned in an on-site boiler
 with waste wood. Disposal in on- or off-
 site landfills, burning in pn-site boilers, '
 or incinerating off-site are believed to be
 common management practices for all
 surface protection process residuals
 (presumably, ash from boilers and
 incinerators is disposed in landfills).
   In contrast spills and releases of
 surface protection chemicals and
 drippage and drippage residuals are
 typically allowed to fall or remain on
 the ground. Some facilities have
 installed concrete pads contiguous to
 the dip tanks and sloping toward sumps
 that collect drippage. Alternatively, a
 charge of lumber may be suspended
 over the dip tank to allow excess
.preservative to drip back into the tank.
 However, surface-protected wood is
 generally stacked over the ground
during storage and air seasoning. Thus,
the preservative that drips or is washed
off the wood is disposed of on the
ground.

D. Basis for Listing

1. Summary of Basis for Listing
  Each of the four wastes from wood
preserving and surface protection
processes meet the criteria for listing as
hazardous presented in 40 CFR
261.11(a)(3); consequently, EPA is
proposing that they be added to the list
of hazardous wastes from non-specific
sources appearing at 40 CFR 261.31. The
wastes contain high concentrations of
toxic constituents. (As discussed later,
all the constituents of concern are
carcinogens and/or systemic toxicants,
many of which.appear on the list of
hazardous waste constituents at 40 CFR
Part 261, Appendix VIII. EPA is also
proposing to add to Appendix VIII the
three compounds that are constituents
of concern in wood preserving wastes
but do not already appear on Appendix
VIII). Tables 7, 8,9,  and 10 list the
constituents of concern in wood
preserving wastes and the range of
levels at which they are present in the
wastes. Table 11,12,13, and 14 present
the average waste concentrations
(based on process residual and sludge
data, which EPA believes are
representative of all the listed wastes)
and demonstrate that toxic constituents
are present in wastes from wood
preserving and surface protection
processes at levels that far exceed the
health-based levels of concern. From
these waste concentrations,
hypothetical ground water
concentrations resulting from
mismanagement of the wastes have
been projected assuming three dilution
and attenuation scenarios. For all three
levels, nearly all constituents of concern
exceed established Agency health-biased
numbers. .
BILLING CODE 6560-5O-M

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53292
Federal Rijgister / Vol. 53, No. 251 / Friday, December 30; 1988 / Proposed Rales'
                                    TABLE 7
              F032 PENTACHLOROPHENOL HASTES  FROM UOOB PRESERVING:
                          CONSTITUENTS OF CONCERN AND
                        RANGE OF DETECTED CONCENTRATIONS

.



Pentachlorophenol
Benz(a) anthracene
Benzo(a)pyrene
D1benz(a,h)anthracene
Indeno(l,2,3-c,d)-
pyrene
Arsenic
Chromium



HASTEHATERS
(PPM)
0.01-310
0.03-10
0.007-10
0.1-1
.
0.006-10
0.003-33
0.004-14
PROCESS
SLUDGES
OR
RESIDUALS
(PPM)
40-34,000
5.1-2,800
54-1,100
50-310

16-130
NA
NA

PRESERVATIVE
FORMULATIONS
(DRIPPAGE)
(PPM)
14,000-52,000
75
50
7

4 T
NA
NA




•
TCDDs
PeCDDs
HxCDOs
HpCODs
TCDFs
PeCDFs
HxCDFs
HpCDFs



WASTEWATERS
(PPB)
0.001-8
0.008-20
0.03-200
0.009-80
0.0006-2
0.001-300
0.001-10
0.002-50
PROCESS
SLUDGES
OR
RESIDUALS
(PPB)
0.001-5
0.2-2
0.06-5,000
0.5-140,000
0.01-35
0.08-1,000
0.01-13,000
0.3-16,000

PRESERVATIVE
FORMULATIONS
(DRIPPAGE)
(PPB)
1
30-70
100-5,000
9,000-100,000
1-30
100-1,000
200-10,000
100-13,000
Source:  Background document.
NA - Not Analyzed  (No  Data Collected).
T  - Trace.  Analytical  data support qualitative analysis  (I.e.,
     Identification) but not quantitative analysis.  Concentration
     cited Is the  detection limit of the analytical method used.
                                      -37a-

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            Federal Regbtec / Vol. 53. No,28* / Friday, December 30,1988 / Proposed Rules
                                       TABLES

               F033 PEMTACHLOROPHENOt HASTES FROM SURFACE PROTECTION:
                             CONSTITUENTS OF CONCERN AND
                          RANGE OF DETECTED CONCENTRATIONS

Pentachlorophenol
2,3,4 ,6-Tetrachlorophenol
2,4,6-Trichlorophenol
SUMP, CATCH
BASIN AND
DRAINAGE
DITCH SEDIMENTS
(PPM)
1 - 310
0.1 - 130
0.1 U
PROCESS SLUDGES
OR RESIDUALS
(PPM)
880 - 160,000
570 - 4,000
3
PRESERVATIVE
FORMULATIONS
(DRIPPAGE)
(PPM)
40 - 1,900
300 - 950
0.4 - 1.0
•
TCDDs
PeCDDs
HxCDDs
HpCDOs
TCDFs
PeCDFs
HxCDFs
HpCDFs
SUMP, CATCH
BASIN AND
DRAINAGE
DITCH SEDIMENTS
(PPB)
"0.007 - 0.01
0.09 - 0.6
0.2 - 400
0.9 - 4,000
0.03 - 70
0.07 - 20
0.03 - 600
0.4 - 600
PROCESS SLUDGES
OR RESIDUALS
(PPB)
6-30
30 - 1,000
400 - 7,000
2B000 - 42,000
80 - 4,000
400 - 11,000
lflOOO - 12,000
800 - 9,000
PRESERVATIVE
FORMULATIONS
(DRIPPAGE)
(PPB)
0.4 - 3
1 - 200
10 - 10,000
20 - 70,000
4 - 1,000
30 - 8,000
50 - 28,000
4 - 50*000
      In the analysis, a pH adjustment causes all pentachlorophenate to be converted
      to pentachlorophenol.  The analysis measures pentachlorophenol.

      Wastewaters   from   surface   protection   with   pentachlorophenate   consist
      essentially of  the used preservative formulation.   These data therefore  also
      represent   what   EPA   believes   are   the   constituents   and   constituent
      concentrations    for    wastewaters     from    surface    protection     with
      pentachlorophenate.
Source:  Background Document.

U —  Compound  was analyzed  for  but not  detected.
      detection limit reported.
Value  listed 1s  the  lowest
                                                -37b-

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53294
Federal Register / Vol. 53, No* 251 / Friday. December 30,1988 / Proposed Rules
                                       TABLE 9
                                F034 CREOSOTE WASTES:
                             CONSTITUENTS OF CONCERN AND
                          RANGE  OF  DETECTED CONCENTRATIONS




Benz (a) anthracene
Benzo(a)pyrene
Benz(k)f1uoranthene
D1 benz (a,h) anthracene
Indeno(l,2,3-c,d)pyrene
Naphthalene
Arsenic
Chromium


WASTEWATERS
fPPM)
0.03 - 10
0.007 - 10
0.02 - 4
0.1 - 1
0.006 - 10
0.1 - 400
0.003 - 30
0.004 - 10
PROCESS
SLUDGES
OR RESIDUALS
(PPM)
280 - 7,500
1.800 - 3,000
2,300
140 - 680
100 - 300
700 - 64,000
NA
NA


UNUSED FORMULATION
(DRIPPAGE) PPM
1,600 - 2,600
400 - 600
21,400
100 - 400
1,000
13,000 - 180,000
NA
kl A
NA
 NA - Not analyzed (no data collected).

 Source:  Background Document.

                                    TABLE 10
                             F035 INORGANIC WASTES:
                        CONSTITUENTS OF CONCERN AND RANGE
                            OF DETECTED CONCENTRATION
                     PROCESS SLUDGES OR RESIDUALS
                                  (PP«)
                                               UNUSED PRESERVATIVE
                                                       (ppm)
 Arsenic

 Chromium

 Lead
               5,300 - 760,000

                   70 - 33,000

                       5 - 290
5,500

6,200

   NR
  1    Presently. EPA  does  not  have  reliable waste  characterization,  datafor
       wastewaters from Inorganic processes.   The Agency believes that^the data
       for unused preservative are representative  of  both drlppage and  process
       wastewaters from Inorganic processes.

  NR - Not reported.             '                                 .

  Source:  Background Document!

-------
FABLE 11
BASIS FOR LISTING: HEALTH EFFECTS OF
. CONSTITUENTS OF CONCERN IN F032
AVERAGE HEALTH-BASED WATER
HASTE CONC. CONCENTRATION
i
HAZARDOUS CONSTITUENT
Benz (a) anthracene
Benzo(a)pyrene
Dibenzo(a,h) anthracene
Indenofl ,2,3-c,d)pyrene
Peritach 1 oropheno 1 "
Arsenic
. Chromium
UI
™ DIBENZO-P-DIOXINS6
TCDDs
PeCOOs
HXCCOs
HpCDDs
DIBENZOFURANS6
TCOFs
- . PeCDfs
HxCDFs
HpCOFs
DETECTED1
(ppm)
900
500
200
70
20.000
2,000
3,000


3 x IO"3
t x I0r3
2
30

2 x IO"3
0.5
3
4
LIMITS
(ppm)
1.1 x
3.0 x
7.1 x
2.0 K
\
0.05
0.05


2.3 x
4.5 x
5.6 x
2.3 x

2.3 x
2.3 x
2.3 x
2.3 x
10"5
10"6
10"7
10"3





to"8
10"'°
to"9
10"7

IO"8
IO"9
A
10"8
to'7
BASIS2
RSO
RSD
RSO
RSD
RfD
MCL
MCL


RSD
RSO
RSD
RSD

RSD
RSD
RSD
RSD
(Class B2)
(Class B2)
(Class B2)
(Class C)





(Class B2)
(Class B2)
(Class B2)
(Class B2)

(Class B2>
(Class B2)
(Class B2)
(Class B2>
THE
ESTIMATED
DRINKING WELL
CONCENTRATIONS3
(ppm)
DA tOO
9
5
2
0.07
200
• 20
30


3 x 10"5
1 x IO"5
0.02
0.3

2 x IO"5
5 x IO"3
0.003
0.004
DA 1.000
0.9
0.5
0.2
7 x IO"3
20
2
3


3 x IO"6
» X 10"*
0.002
0.03

2 x 10"6
5 x IO"5
3 x JO"3
4 x IO"3
DA 10.000
0.09
0.05
0.02
7 x IO"4
2
0.2
0.3


3 x IO"7
1 x 10~7
2 x IO"3
0.003

2 x IO"7 .
5 x IO"5
3 x IO"4
4 x 10'4


i
CALCULATED
CONCENTRATION TO
HEALTH-BASED
LIMIT RATIOS4 '
DA 100
820,000
1,700,000
2.600,000
350
200
400
.600


1,3000
22,000
3,600.000
1,300,000

870
2,200,000
1.300,000
170,000
DA 1.000
82,000
170.000
280,000
35
20
40
60 ' |


130
2,200
360,000
130,000

87
220,000
130,000
17,000
DA 10.QOO
8,200
17,000
28,000
3 5'
^* ^
2
^>
4



v •
220
36,000
13,000 ,
'
9 -
22,000
13,000
1,700
3.
a

-------
          TABLE 11 (CONCLUDED)                                               g
                                                                             *?

BASIS FOR LISTING:  HEALTH EFFECTS OF THE
     CONSTITUENTS OF CONCERN IN F032
                                                                              en
                                                                              w
1  Average concentrations calculated from process residuals or process sludge data.

2  Reference  Dose  (RfD),  Risk Specific Dose  (RSD), and Maximum Contaminant  Level (MQL) are explained later
   1n the preamble,  as are  the classes of RSDs.  Class A, B, and C carcinogens are  based  on exposure limits
   at a  10'5  risk  level.                                                              .

•?  Calculated for  three dilution/attention (DA) levels.                                            .
                                         '                                            '              i
4  Ratio obtained  by dividing  assumed drinking well concentration column by health-based water concentration
   limit column, for all three dilution/attenuation (DA) levels.

5  This  health-based water  concentration limit may change following EPA review of the NTP  carcinogen study.
                                                                                                "i
6  Waste concentrations presented  for dloxlns  and furans  are  for  the  total congener  category  specified
   (e.g., the concentration Indicated for PeCDD 1s for all Isomers of PeCDDs found).  The  health-based water
   concentration  limit for each congener  category 1s based on  extrapolation  using toxldty  equivalency
   factors relative  to the  toxldty of 2,3,7,8-TCDD.  (See Risk Assessment Forum, 1986).

                                                                                                               I
Source:  Background  Document.
                                                                             I

-------




TABLE 12
BASIS FOR LISTING: HEALTH EFFECTS OF THE
CONSTITUENTS OF CONCERN IN F033

ESTIMATED
AVERAGE HEALTH-BASED WATER DRINKING WELL
WASTE CONC.
DETECTED'
HAZARDOUS CONSTITUENT (ppm)
Pentachlorophenol5 20,000
2,4,6-rTrlchlorophenol 3
2,3,4,6-Tetrachlorophenol 3,000
DIBENZO-P-DIOXINS6
TCOOs 2 ' x 10~2
PeCODs 0.3
HxCDOs 3
w HpCDDs 20
va ' '" . • -
DIBENZOFURANS6
TCDFs '
PeCDFs 3
HxCDFs . 6
HpCOFs 3

CONCENTRATION CONCENTRATIONS3
LIMITS (PPm) 	 .,.„..,



i
CALCULATED
CONCENTRATION TO
HEALTH-BASED
LIMIT RATIOS4
(ppm) BASIS2 DA 100 DA 1,000 DA 10,000 DA 100 DA 1,000 DA 10,000
1 RfD 200 20 2 - 200
1.8 x 10'3 RSD (Class B2) 0.03 0.003 3 x 10'4 20
I RfD 30 3 0.3 30

2.3 x 10~fl RSD (Class B2> 2 x 10~4 2 x 10'5 2 x 10"6 8,700
4.5 x 10'10 RSD (Class B2> . 0.003 3 x 10'4 3 x 10'5 6,700.000
5.6 x 10'9 RSD (Class B2) 0.03 0.003 3 x 10"4 5,400,000
2.3 x 10"7 RSD (Class B2) 0.2 0.02 0.002 870,000

2.3 x 10'9 RSD (Class B2) 0.01 O.OOt 1 x 10'4 4,300,000
2.3 x 10~9 RSD (Class B2) 0.03 0.003 3 K 10'4 4,300,000
2.3 x 10"fl RSD (Class B2) 0.06 0.006 6 x 10'4 2,600,000
2.3 x 10'7 RSD (Class B2> . 0.03 0.003 3 x 10"4 130,000
°
20' 2
2 0.2
3 0.3
-
t
870 87
670,000 67,000
540,000 54,000
87,000 8,700

430,000 43.000
430,000 43,000
260,000 26,000
13,000 1,300

1 Average concentrations based on process sludge or process residual data.
2 Reference Dose (RfD), Risk
1n the preamble, as are the
risk level.


. •
Specific Dose (RSD), and Maximum. Contaminant Level (MCL) are explained latep
classes of RSDs. Class B carcinogens are based on exposure limits at a 10"






'
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f



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-------
                                               TABLE 12 (CONCLUDED)

                                     BASIS  FOR  LISTING:  HEALTH EFFECTS OF THE
                                         CONSTITUENTS OF CONCERN  IN F033
   3  Calculated for three dilution/attenuation (DA) levels.

   4  Ratio obtained by dividing assumed drinking well concentration column by health-based water concentration
      limit column for all three dilution/attenuation (DA) levels.

   5  This level  health-based  water concentration limit may change following EPA  review  of the NTP carcinogen
      study.

   6  Waste  concentrations presented  for dloxlns  and  furans  are  for the  total  congener  category  specified
      (e.g.',  the concentration  Indicated  for PeCDDs 1s  for all Isomers  of  PeCDDs found).   The health-based
      water concentration  limit for each congener category 1s based on extrapolation using toxlclty equivalency
      factors relative to  the toxlclty of 2,3,7,8-TCDD.  (See Risk Assessment Forum. 1986).
i°, Source;  Background Document.

-------
TABLE 13
BASIS FOR LISTING: HEALTH EFFECTS OF THE
CONSTITUENTS OF CONCERN IN F034
ESTIMATED
AVERAGE HEALTH-BASED WATER DRINKING WELL
WASTE COHC, CONCENTRATION CONCENTRATIONS3
DETECTED1 LIMITS (ppm)
HAZARDOUS CONSTITUENT (ppm) (ppm) BASIS2 DA 100 DA 1 ,000 DA 10,000
Benz (a) anthracene 4,000 1.1 x IO"5 RSD (Class B2) 40 4 0.4 3,
Benzo(k)f luoranthene 2,000 4.0 x I0~3 RSD (Class B2) 20 2 0.2
Benzo(a)pyrene 2,000 3.0 x 10~6 RSD (Class B2> 20 2 0.2 6,
Dlben;(a,h)anthracene 400 7.1 tt 10~7 RSD (Class S2> 4 0.4 0.04 5,
Indenod, 2,3-c,d)pyrene 200 2.0 x 10"J RSD (Class C) 0.5 0.05 5 x 10~3
Naphthalene 40,000 14 RfD 400 40 4


Arsenic 2,000 0.05 MCL 20 2 0.2
, Chromium 3.000 0.05 MCL 30 3 0.3
O
ut
i . . ' •

1 Average concentrations based on process residuals or process sludge data.

2 Reference Dose (RfD), Risk Specific Dose (RSD), and Maximum Contaminant Level (MCL)



CALCULATED
CONCENTRATION TO
HEALTH-BASED
LIMIT RATIOS4
DA 100 DA 1,000 DA 10,000
600,000 360,000 36,000
5,000 500 50
700,000 670,000 67,000
600,000 560,000 56,000
1,000 100 10
30 , 3 0.3


40 4 0.4
60 60 6


.-

k
are explained later
in the preamble, as are the classes of RSDs. Class B and C carcinogens are based on exposure limits at
a 10 risk level.


3 Calculated for three dilution/attenuation (DA) levels.
**• Ratio obtained by dividing assumed drinking well concentration column by
concentration limit column for all three dilution/attenuation levels.

Source: Background Document.






health-based water








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-------




-
IftDLC, J.«*
BASIS FOR LISTING: HEALTH EFFECTS OF THE
CONSTITUENTS OF CONCERN IN F035
ESTIMATED CALCULATED
AVERAGE HEALTH-BASED WATER DRINKING WELL CONCENTRATION TO
WASTE CONC. CONCENTRATION CONCENTRATIONS3 HEALTH-BASED
DETECTED1 LIMITS ,„„, . LIMIT RATIOS4
rSWaW005 CONSTITUENT (pp*) (ppm) BASIS* DA 100 DA 1.000 DA 10.000 lu inn HA i nnn n. ,n «« •
Arsenic
Chroalun
c
Lead5




1 Concentrations
-
2
Reference Dose
in the preamble
3 , Calculated for
Ratio obtained
, 100,000 0.05 MCL 1,000 100 10 2,000 200 20
10,000 0.05 MCL 100 10 1 2,000 200 20
80 0.05 MCL 0.8 0.08 0.008 20 2 0.2


13
based on process sludge or residual data.
(RfD), Risk Specific Dose (RSD), and Maximum Contaminant Level (MCL) are explained later
, as are the classes of RSDs.
three different dilution/attenuation (DA) levels.
by dividing assumed drinking well concentration column by health-based water concentration
limit column for all three dilution/attenuation (DA) levels. >
* the MCL for lead 1s currently undergoing EPA review.
Spurce; Background Document
BjU,INO CODE 6560-50-C
*



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-------
               Federal Register /Vol.  53» No,-; 251; / Friday, December 3O» 19«8i /<- Peopoaecb Rfele*

   lathe past, EPA'* selection of
 constituents of nfMicfia foe listed-
 hazardous wasted-Jus relied on
 comparisons of nnnrimnm reported
 waste constituent concentrations with
 health-based levels of concern. In this
 case, the Agency has found, as is shown
 in Tables 11,12.13 and 14. that the
 Concentrations of constituents of
 concern in wood perserving wastes are
 so high that even projections of ground
 water contamination levels based on
 average waste concentrations (rather
 than maximum concentrations) exceed
 health-based levels of concern.  •
   Tables 11,12,13, and 14 summarize
 the Agency's analysis of the hazards
 posed by the constituents of concern. In
 this analysis, EPA examined projected
 ground water concentrations for the
 constituents of concern assuming three
 dilution and attenuation factors: 100,
 1,000, and 10,000. These three levels
 encompass a broad range of dilution/
 attenuation factors. The drinking water
 well concentrations calculated for
 dilution/attenuation levels of 100.1.000..
 arid 10,000 assume that the
 concentration of each constituent of
 concern in the well water are 1 percent.
 0.1 percent, and O01 percent,
 respectively. The tables show that, in
 the vast majority of cases, the
 constituents of concern are likely to
 appear in ground water at
 concentrations that exceed the health-
 based levels of concern by one to four
 orders of magnitude using the extremely
 liberal dilution and attenuation factor of
 10,000, Thus, even if the Agency did not
 evaluate the hazard conservatively,: -•  •-
 these wastes clearly would contain •—
 concentrations of constituents of   '
 concern far in excess of safe levels.
  Damage cases, described below and
 in an appendix to this preamble, further
 demonstrate that the constituents of
 concern in the wastes proposed for
 listing are sufficiently mobile and
 persistent for past mismanagement to
 have resulted in contamination of
 ground water, surface water, and soils.
  After considering all of the factors of
 40 CFR 261.11(a)(3), because these
 wastes contain high concentrations of
 highly toxic constituents that are mobile
 and persistent and are unlikely to
 degrade in the environment before
 reaching receptors, and because past
 mismanagement of these wastes has
 already resulted in serious
 environmental damage and risk to
human health, EPA is proposing that
F032..F033, F034, andF035fae addedto.-
the list of hazardous, wastes from noa- -, •
specific sources;
 2. Waste Characterization and
 Constituents of Concern
   The following section summarizes the
 information concerning waste
 characterization and constituents of
 concern that EPA has gathered to
 support this proposed listing. EPA has
 selected constituents of concern based
 on two principal factors: Their known
 toxicity and their relevant
 concentrations in the waste. Other
 constituents were detected hi these
 waste streams but were not selected as
 constituents of concern; data on these
 can be found in the Background
 Document for today's proposal.
   a. Wastes from chlorophenolic wood
 preserving processes (F032J.  Table 7
 lists the constituents of concern found in
 wastes from wood preserving operations
 using chlorophenolic formulations as
 well as the concentration ranges of
 these constituents. Pentachlorophenol
 averaged 15 mg/1 in wastewaters with a
 maximum concentration of 310 mg/1.
 Twenty-one different polynuclear
 aromatic hydrocarbon (PAH}    -   .
 compounds (only some of which are
 constituents of concern) were found in
 wastewaters from wood preserving
 operations using pentachlorophenol
 and/or creosote. The PAH contaminants
 are believed to be derived from the use
 of petroleum carrier solvents for the
 pentachlorophenol formulation and/or
 the current or past use of creosote wood
 preserving processes. Arsenic
. concentrations in wastewaters from
 facilities that are treated with
 pentachlorophenol and/or creosote and
 inorganic preservatives ranged from
 0.003 to 33 mg/1. averaging S mg/1.
 Chromium- concentrations ranged from
 0.004 mg/1 to 14 mg/1. averaging 2 mg/L
 The Agency believes that
 pentachlorophenate may be used to
 preserve wood, although its use is not
 extensive. Wastes from wood
 preservation processes that use
 pentachlorophenate are expected to
 contain the same chlorophenolic
 constituents as wastes from
 pentachlorophenol processes.
   The average pentachlorophenol
 concentration for process sludges was
 about 1.6 percent. No analyses were
 available of preservative formulation as
 it drips from treated wood. Instead, in-
 use pentachlorophenol wood preserving
 formulation was sampled to obtain data
 indicative of constituent concentrations-
 in drippage because EPA believes that
 drippage.either will be or will
 substantially resemble preserving
 formulations. The average
 pentachlorophenol concentration was
 26,000 mg/1 (2.6%); the maximum -
 concentration was 52.000 mg/1 (5.2%).
 All ten PCDD/PCDF homoJogue groups
 were detected in non-wastewater
 pentachlorophenol treating wastes.
 However, 2.3,7,8-TCDD was not
 detected in nine analyzed samples of
 F032 wastes (process residuals and
 preservative formulation believed
 typical of drippage). Total TCDDs were
 detected in eight of 20 analyzed
 samples. Calculated equivalent 2,3,7,8-
 TCDD concentrations for all cogener
 groups detected averaged 200 ppb for
 process sludges residuals and 300 ppb
 for in-use treating solutions.
   Within hazardous waste listing F032,
 the Agency is proposing to include
 wastes generated at facilities that
 previously used chlorophenolic
 formulations and wastes generated from
 creosote, inorganic, and other processes
 located within the same facility as  a
 chlorophenol process. Process'sludges
 and wastewater residuals gradually
 accumulate in wood preserving, surface
 protection, and wastewater treatment
 equipment. Periodically (annually.
 semianually, monthly, or perhaps more
 frequently, depending on the size and
 operating practices of the facility) the
 accumulated residuals are removed from
 the equipment and then disposed. The
 Agency has information (which is
 available in the docket to this rule
 making) that wood preserving facilities
 regularly change the preservatives used
 in a particular piece of process
 equipment without removing
 accumulated materials or in any way
 cleaning the equipment.
  EPA has gathered considerable
 evidence that F032 waste (from
 inorganic and creosote processes that is
 either generated from equipment that
 has been previously used in
 chlorophenolic processes or generated
 at facilities that have used or currently
 use processes on the same site) is
 contaminated by the constituents, of
 concern from the chlorophenolic
 processes. Such cross-contamination is
 documented by the waste
 characterization data available in the
 Background Document. These data show
 that constituents unique to
 chlorophenolic wastes from
 chlorophenolic processes were
 identified in wastes that came from
 creosote and inorganic processes. The
Background Document for this listing
presents many cases that describe
cross-contamination. The cross-
contamination is further documented by
information on the wastes and their
management practices collected by EPA
through site visits and surveys. Based OH
this information, EPA has concluded
that a serious, and significant degree of
cross-contamination exists due to

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53302
Federal  RegJitter / VoL 53. No. 251  /  Friday.  December 30, 1988 / Proposed Rules
common practices in the industry. EPA
has therefore included wastes from
inorganic and creosote processes that
may be cross-contaminated with
chlorophenolic wastes in the F032
listing.
  Following are a few examples
identified by EPA where cross-
contamination as a result of normal
operating practices has occurred. More
examples are provided in the
Background Document.
  At a U.S. Army depot in Memphis,
Tennessee, wood products were dipped
or steeped in a 5,000 gallon vat; of
pentachlorophenol solution. Treating
solution was stored in a %-inch steel
underground storage tank which
subsequently leaked. After a number of
years, the wood treatment process was
discontinued and an investigation of the
site undertaken. Various surfaces in the
treatment area were sampled and
analyzed for PCDD and PCDF content
Chips from the treatment building
dnderblock walls and concrete floor
contained 24.7 ppb and 42.3 ppb of toxic
equivalent 2,3,7,8-TCDD. respectively.
The storage tank was emptied, cleaned
and sandblasted. After sandblasting, a
100 cm2 wipe of the inside of the storage
 tank showed 1.3 ppb toxic equivalent
 2,3,7,8-TCDD. The tank was
 hydroblasted and retested. The toxic
 equivalent 2,3,7,8-TCDD concentration
 in a 100 cm2 wipe was then 0.13 ppb.
 These data demonstrate that process
 equipment used for preserving wood
 with pentachlorophenol can  be
 contaminated even after accumulated
 residuals are removed.
   In addition, as part of EPA'a general
 sampling and analysis effort, sediment
 was collected from a treating cylinder
 that had been used to treat wood with
 pentachlorophenol until 2 to 4 months
 prior to the sampling episode. At that
 time, the preservative used in the
 cylinder was replaced with creosote, but
 the cylinderwas not cleaned. The
 sediment in this wood treating cylinder
 contained material that had
 accumulated during pentachlorophenol
 wood preserving operations amd
 materials that had accumulated during
 creosote wood preserving operations.
 Analysis of the sediment showed 140
 rag/kg of pentachlorophenol.
 Pentachlorophenol has never been found
 as a constituent of creosote or of
 creosote wood preserving formulations.
 Cross-contamination must therefore
 have occurred.
    The major cause of cross- .
 contamination at facilities using more
 than one type of preservative is mixing
 of the wastes generated from the various
 processes. Indeed, plants visited by EPA
  that use more than one type of
                         preservative comingled wastes, and all
                         plants using both creosote and
                         chlorophenolic formulations comingled
                         wastewaters.
                           One facility surveyed by EPA
                         reported that wastewater from its
                         pentachlorophenol wood preserving
                         operations was routed to an oil-water
                         separator. The oil fraction was returned
                         to the pentachlorophenol work tank
                         while the separated water was used to
                         make up CCA treating solution. In
                         addition, this facility has one vacuum
                         pump used to create a vacuum on both
                         the CCA retort and the
                         pentachlorophenol retort. Cooling and
                         sealing water from the pump was also
                         used to make up CCA treating solution.
                         A second facility reported using the
                         wastewater (after oil/water separation)
                         from its pentachlorophenol treatment
                         operation to make up its ACA treating
                         solution. These practices resulted in
                         cross-contamination of inorganic wood
                         preserving wastes with chlorophenolic,
                         PCDD, and PCDF constituents.
                           EPA has also obtained reports of
                         other practices leading to cross-
                         contamination of wastes, such as the
                         use of common equipment for moving
                         treated wood, untreated wood, and
                         waste material and the use of common
                         tramcars for holding wood in the
                         treating cylinders. Also,  creosote
                         process wastes have become
                         contaminated with chlorophenolic,
                         PCDD, and PCDF constituents at
                         facilities that use a common oil-water
                         separator for chlorophenolic and
                         creosote wastewaters when the
                         recovered oil is recycled back to the
                         creosote process.
                            Cross-contamination has occurred
                         even when treating cylinders or tanks
                         are dedicated to the application of one
                         preservative formulation. For example, a
                          California wood preserving facility that
                          treated wood with pentachlorophenol
                          and creosote in dedicated retorts
                          measured wastewater contaminant
                          concentrations of pentachlorophenol in
                          the creosote wastewaters of 32 mg/1
                          (Palmer, 1986). This cross-contamination
                          is believed to be the result of using other
                          equipment in common and
                          interconnecting piping. Thus, cross-
                          contamination may occur at facilities
                          that attempt to segregate chlorophenolic
                          from non-chlorophenolic wastes if the
                          processes, process equipment, and
                          process areas are not adequately
                          segregated.
                            The Agency's principal concern
                          regarding cross-contamination is that it
                          may result in wastes from creosote and
                          inorganic processes containing dioxins
                           and dibenzofurans that are not normally
                           present in wastes generated by these
                           processes. EPA recognizes that the
 presence of dioxin contaminants in a
 hazardous waste may reduce the
 availability of hazardous waste
 treatment, storage, or disposal facilities
 that can or will accept the waste.
   Since cross-contamination can be
 eliminated through proper cleaning and
 replacement of contamination
 equipment, today's proposal includes
 standards for equipment cleaning and
 replacement. Generators of F032 who
 change to another preservative and who
 comply with the equipment cleaning and
 replacement standards will generate
 wastes that do not meet the F032 listing
 once cleaning and replacement is
 complete and provided that the
 generator does not resume using
 chlorophenolic formulations. Generators
 should note that after successful
 cleaning and replacement, their wastes
 may continue to be subject to regulation
 under Subtitle C of RCRA either
 because they meet the listing
 descriptions of F034 or F035 or because
 they exhibit one or more of the
 " characteristics of hazardous waste. The
 equipment cleaning and replacement
 standards are discussed in detail
 elsewhere in this preamble.
   b. Wastes from chlorophenolic
 surface protection processes (F033).
 Table 8 lists the constituents of concern
 found.in wastes from surface protection
 operations using chlorophenates as well
 as the concentration ranges of these
 constituents. Although no wastewater is
 directly generated from surface
 protection processes, precipitation that
 comes into contact with process areas
 can become contaminated with surface
 protection chemicals. This contaminated
 precipitation is collected in sumps and
 catch basins and may be conveyed back
 to the process, to wastewater treatment
 (or, more commonly, to offsite discharge
 _ via natural drainage or earthen ditches).
,    No information quantifying the
  amount of wastewater generated at
  surface protection facilities was
  collected by the agency during its study
  of the industry. The quantity of
  precipitation falling on the process area
  at a surface protection facility is
  estimated to be approximately 1,000,000
  liters (270,000 gallons) per year,
  assuming an annual rainfall of 100 cm
  (40 inches) and a process area of 1,000
  m2 (0.25 acre). For 300  to 500 surface
' protection facilities, this amounts to 300
  to 500 million liters (80 to 130 million
  gallons) per year.
    Limited data were available to
  characterize the concentration of
  constituents of concern in surface
  protection wastewater. One sample of
  water taken from a drain near a dip tank
  contained 14 ppm tetrachlorophenols

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              Federal  Regittter ? Vol. 53, Ha. 25r / Fridair/ O2cerebcr 30^ 19fl» / PtojxnHni Rnles^      5J3O3-
andftpfropentachiozopfaenoLA*"•> .  .
another faciKtyi a Mnapfeofwaatewater? •
collected fran*aditc&»ducir drained the1-;
dip tank area to a creek contained 0&
ppm pentachiorophenok The complete
data set, including ait constituents
detected, can be found in Appendix D of
the Background Document..
  la process sludges or residuals (such
as working tank or retort sediments), the
concentration'of pentachlorophenol..
averaged 20;000 mg/kg, (2.0 percent).
TetrachlorophenoU are present in the
preservative formulation, either as the
active ingredient or a contaminant of
pentachlorophenates. The average total
isomer tetrachlorophenol concentration •
was 17,000 mg/kg (1.7 percent).
  The pentachlorophenol concentration
in sludges that accumulate in catch
basins, sumps, and drainage ditches
averaged 95 mg/kg while the
concentration of 2,3,4,8-
tetrachlorophenol averaged 40 mg/kg.
No analyses of preservative formulation
as it drips from surface-protected wood
were available. Instead, in-use
chlorophenate surface protection
formulation was sampled to obtain data
representative of constituent
concentrations hi drippage. Wastewater "
from surface protection processes
consists principally of used preservative
formulation (i.e., the formulation in the
dip tank). EPA, therefore, believes that
in-use chlorophenate surface protection
characterization data are also   '
representative of wastewaters from.
surface protection with chlorophenate
formulations. The average
pentachlorophenol concentration was
810 mg/1 with an average 2,3,4,6-
tetrachlorophenol concentration of 520
mg/1.
  All ten PCDD/PCDF homologue
groups, including 2,3,7,8-TCDD, were
detected in surface protection wastes.
2,3,7,8-TCDD was detected in 3 of 15
samples of F033 wastes analyzed for
2,3,7,8-TCDD (catch basin and drainage
ditch sediments, process residuals and
preservative formulation). Total TCDDs
(including 2,3,7,8-TCDD and all other
homologues) were detected in 7 of 16
samples of F033 wastes analyzed for
TCDDs. The average 2,3,7,8-TCDD
concentration in process sludges was 8
ug/1 (ppb). The 2.3,7,8-TCDD
concentration measured in one sample
of sediment from a surface drainage
ditch was 7 ppt. Total equivalent 2,3,7,8-
TCDD concentrations were also
calculated from sampling data for the
various types of surface protection -
wastes. The equivalent concentration
averaged 700-ppb- for process sludges or
residuals, 4 ppb foEsludgea that     -.-
accumulate in  sumps and catch basin*
solutions^ The sampling data and-
Toxicity Equivalent Factors used tc^
calculate-these averages from-sampling
data are provided in the Background
Document.
  The Agency anticipates that as a
result of today's proposed listings, many
sawmills that generate no hazardous.
waste except die residuals from
chlorophenolic surface protection
processes-will change preservative
formulations to avoid becoming
hazardous waste generators.
  Generators of F033 wastes should   .
note that the listing includes cross-
contaminated wastes, similar to the FD32
listing. Therefore, although a generator
may change preservatives to one that
has not been evaluated as part of this
listing, the wastes from the new
preservative would continue to be F033
wastes due to the potential for cross-
contamination. As for F032 cross^-
contaminated wastes, in order to
provide generators who are able to
change preservatives with ah
opportunity to eliminate the potential for
cross-contamination and hence, to have
their wastes generated from processes
using non-chlorophenolic formulations
no longer be F033 waste. EPA is
proposing standards for equipment
cleaning and replacement as part of
today's proposed rule. Generators who
change to another preservative (that is,
one not subject to the listing) and who
comply with the equipment cleaning and
replacement standards will generate.
wastes in these processes that are not
F033-listed waste. Generators should
note, however, that their wastes will
remain, subject to the hazardous waste
characteristic rules and. should they
exhibit one or more characteristics of
hazardous waste, would continue to be
subject to regulation under Subtitle C of
RCRA. The Agency notes also that the
equipment cleaning and replacement
standard does not in any way affect any
future listing determinations that EPA
may make regarding other surface
protection formulations not covered by
today's listing. Should the agency
promulgate a listing for such other
preservatives in the future, wastes
generated, although in compliance with
the equipment cleaning and replacement
standard could again be subject to
Subtitle C regulations.             •
  c.  Wastes'from creosote wood
preserving processes (F034). Tables •
lists the constituents of concern found in
wastes from wood preserving operations
using creosote as well as the1
concentration ranges of these-  ••
constituents: Pentachlorophenol, PCDDs,.
and PCDFs derive solely from wood •
• preserving-operaSonw using?- •, - ~ - • •'"  -
 chlorophenolies and are not present iar
 wastes at facilities that have never used •
 chlorophenolic formulations. Twenty-
 five different PAH compounds (not all of
 which are defined as constituents of
 concern) were found in wastewaters
 from wood preserving operations using
 creosote. Naphthalene, the most
 frequently detected compound, averaged
 56 mg/1 in wastewaters. Phenanthrene,
 also frequently detected, averaged
 54,000 mg/kg [5.4 percent); in process
 sludges or residuals.
   No analyses of creosote preservative
 formulations were available, either as
 they drip, from treated wood or as in-use
 formulations. However, initial free
 drippage from creosote-treated wood is
 expected to have the same composition
 as unused creosote formulations
 (mixtures of creosote and coal tar).
 Literature data on creosote
 formulations, presented in the
 Background Document for today's
 proposal, were available for eleven PAH
 compounds with phenanthreae at
 180,000 mg/kg (18 percent) present at the
 highest concentration.
   Toxic metals concentrations in wastes
 from creosote processes are variable
 and depend on the extent of cross-
 contamination at a particular facility.
 Data describing the extent of cross-
 contamination between creosote  and
 inorganic processes are provided in the
 Background Document developed in
 support of this proposed listing:
   d. Wastes from inorganic wood
 preserving processes (F035). Table 10
 lists the constituents of concern found in
 wastes from wood preserving processes
 using only inorganic formulations of
 arsenic and chromium. It also lists the
 concentration ranges of these metals in
 the wastes.  Arsenic/concentrations in
 process residuals averaged 150,000 mg/  ,
 kg (15 percent); chromium
 concentrations averaged 14,000 mg/kg
 (1.4 percent). Lead was also present in
 samples of process sludges, at an
 average concentration of 80 mg/kg. Lead
 found in wood preserving wastes is
 believed to be a .contaminant of the
 arsenic component of the preservative
 formulation. This listing applies only to
 wastes from facilities that  presently use
 inorganic preservatives and are not
 using or have not previously used
 chlorophenolic preservatives as
 previously discussed (those wastes from
 inorganic facilities where
 chlorophenohcs have been used are
 covered under the proposed F032
 listing). Consequently, the  constituents
 of concern for F035 do noMnclude
 pentachorophenol, PCDDs, or PGDFs.
 PAH compounds derive front creosote

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5330*-      Federal Regurter / Vol. 53. No;-25I. A'Friday; December 30.M988? / Proposed Rules-
and from petroleum oils used a»
pentachlorophenol carriers and may be
present in residuals from inorganic
treating facilities that have always
previously used creosote preservatives
or are presently using both inorganics
and creosote preservatives on the same
site.
  Information available to EPA
indicates that wastewaters from
arsenical or chromium wood preserving
processes are typically recycled. These
wastewaters are proposed to be listed
as hazardous waste and will be subject
to regulation when they are not recycled
(See generally, the Solid Waste,
Redefinition Rule, 50 FR 683, January 4,
1985).
  No analyses of inorganic preservative
formulations, either as they drip from
treated wood or as in-use formulations,
were available. However, initial
drippage from wood treated with
Inorganic preservatives is expected to
have the same composition as unused
preservative solution, as specified by
the American Wood Preservers
Association. A 2.5 percent solution of
CCA-C, the most commonly used
inorganic preservative, has
approximately 5,500 mg/1 arsenic and
6,200 mg/1 chromium. Data supporting
these concentration estimates are
provided in the Background Document
developed to support this proposed
listing.
3. Health Effects of Concern
   The Agency has obtained data
 demonstrating that the constituents
 found in the wastes generated by the
 preservation and surface protection of
 wood with chlorophenolics, creosote,
 and inorganic formulations are systemic
 toxicants and/or carcinogens. These
 toxic constituents are present in
 concentrations capable of causing
 adverse health effects as shown by
 Tables 11,12,13 and 14. The tables
 demonstrate that even if only 0.01
 percent of the average constituent levels
 in the waste reaches environmental
 receptors, the exposure concentrations
 are often four orders of magnitude
 higher than the health-based levels of
 concern. If the Agency assumes more
 conservative dilution and attenuation
 factors (projecting that a larger portion
 of the waste disposed would reach
 environmental receptors) the exposure
 concentrations would be even higher.
 Given such high concentrations in the
 waste, the potential for exposure to
 harmful concentrations of the
 constituents of concern is extremely
 high.
    For the purpose of listing waste as
 hazardous under RCRA, the Agency
 routinely uses three basic methods to
indicate measures of toxicity: (1)
Maximum Contaminant Levels (MCLs);
(2) Risk Specific Doses (RSDs) for
known carcinogens; and (3) Reference
Doses (RfDs) for systemic toxicants.
Based on different criteria, each of these
methods give the maximum doses or
levels of exposure that are acceptable.
   MCLs are final Drinking Water
Standards promulgated under Section
1412 of the Safe Drinking Water Act of
1974. as amended in 1984, for both
carcinogenic and non-carcinogenic
compounds. In setting MCLs, EPA
considers a range of pertinent factors
(for example, see 52 FR 25697-98, July 8,
1987).
   For many carcinogenic constituents
for which MCLs are not promulgated,
the Agency has developed oral RSDs.
The RSD is a dose that corresponds to a
specified level of risk of an individual
contracting cancer over a 70-year
lifetime because of the presence of the
toxicant in drinking water. To develop
an RSD, a risk level must be specified.
EPA specifies the risk level of concern
on a weight-of-evidence scheme.based
on the quality and adequacy of
experimental data and the kinds of
responses  induced by a suspect
 carcinogen. The carcinogenic
 constituents of concern in F032, F033, '
 F034, and F035 for which no MCLs  exist
 are either probable human carcinogens
 (Class Ba), based on a combination of
 sufficient evidence in animals and
, inadequate data in humans, or possible
 human carcinogens (Class C), based on
 limited animal evidence in the absence
. of human data. (Details on the other
. classes of carcinogens are given in the
 Background Document.) The oral RSDs
 for carcinogenic agents are presented at
 the 10~8 risk level for Class A and B
 carcinogens and the 10~5 risk level for
 Class C carcinogens. This is consistent
 with the risk levels used to delist
 specific wastes.
   Oral Reference Dose Numbers (RfDs)
 are established for non-carcinogenic
 constituents. An RfD is an estimate of a
 daily exposure to a substance for the
 human population (including sensitive
 subgroups) that appears to be without
 an appreciable risk of deleterious  effects
 during a lifetime. If frequent exposures
 that exceed the RfD occur, the
 probability that adverse effects may be
 observed increases. The method for
 estimating the RfD for non-carcinogenic
 end points was described in the
 proposed rule for the Toxicity
 Characteristic (51 FR 21648, June 13.
 1986).
    The hazardous constituents of
  concern have.carcinogenic or other
  chronic systemic effects on laboratory,
  animals or humans and have been
determined to be present in the wastes-
from wood preserving and surface
protection processes.in sufficient
concentrations to pose a substantial
threat to human health and the
environment. As outlined here, EPA has
established RfDs, RSDs, or MCLs for all
of the constituents of concern in wood
preserving wastes. A brief summary of
the toxicity of these constituents is
presented in this preamble. A more    .
detailed discussion is included in the
Background Document to today's
proposal.
  The concentration limits for the
constituents of concern  in Tables 11,12,
13, and 14 are based on tw.o
assumptions. First that the average
person has a mass of 70 kg and, second,
that a person drinks, on average, 2 liters
of water daily.
  All the chlorophenols of concern (see
Table 1) for F032, F033,  and F034 are
chronic systemic toxicants. One of them
2,4,6-trichlorophenolis  also a Class Bz
carcinogen (based on animal toxicity
data) with an RSD of 1.8 X lO^ppm;  it
has caused lymphomas, leukemias, and
carcinomas hi rats and mice, and has
been determined to be mutagenic.
   2,3,4,6-tetrachlorophenol is a systemic
toxicant and has been assigned an RfD
of 1 ppm. This is supported by
subchronic oral and reproductive
studies in animals; significant .
biochemical and clinical pathological
changes have been reported.
   Previous studies of pentachlorophenol
have shown it to be highly toxic to
humans. Based on available data, EPA
has established an RfD for
 pentachlorophenol of 1 ppm.
 Pentachlorophenol causes contact
 dermatitis, damage to vision, and, on
 ingestion, lung, liver, and kidney
 damage. Inhalation of
 pentachlorophenol results in acute
 poisoning, centering on the circulatory
 system with accompanying heart failure.
 Oral doses of 29 ppm have been
 reported  to be lethal to humans. Data
 from a recent National Toxicology
 Program bioassay, (McConnell, 1988).
 however, provide  evidence that
 pentachlorophenol is also a carcinogen.2
    The polynuclear aromatic
 hydrocarbon constituents of concern in
 F032, F033, and F034 (see Table 1) are all
 chronic systemic toxicants; some are
 also carcinogenic. Naphthalene has an
 RfD of 14 ppm, pyrene an RfD of 4 ppm,
   'The NTP bioassay would change the previously
  established health-based number of 1 ppm for
  pentachlorophenol. The final rule may be revised
  following Office of Solid Waste's review of the
  study.

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               Federal .Register / VoL 53, N«J~ 251*^ Frid£yf December 3O^ 198* />ifiNipes«hMlHte*v. -~:
 and benzo(k)fluoranthene an RfD of -
 0.004 ppm.          - -:.
   Benz(a]anthracene is a Class B*
 carcinogen; various studies on mice
 have resulted in sarcomas, bladder
 carcinomas, and malignant skin tumors.
 The RSD, by ingestion, at the 10"6 risk
 level, is 1.1  X 10~5ppm.
.   Benzo(a)pyrene is also a Class 82
 carcinogen; its RSD, by ingestion, at the
 10"8 risk-level, is 3 X 10~6ppmin
 drinking water. In animals, it has caused
 stomach, skin, and lung tumors,  lung
 adenomas, and local tumors following
 direct injection. In humans, clear
 association between exposure and
 occurrence of lung cancer has been  ,
 shown for several mixtures containing
 benzo(a]pyrene. Skin exposure has
 resulted in benign and reversible skin
 lesions.
   Dibenz(a,h)anthracene is also a Class
 62 carcinogen. Its RSD, by ingestion, at
 the 10" risk level is 7 X 10~7 ppm. Via
 various routes of exposure,
 dibenz(a,h)anthracene has increased the
 occurrence in mice of lung, skin, and
 mammary carcinomas, subcutaneous
 sarcomas, pulmonary adenomas, and
 hemangioendotheliomas. Indeno(l,2,3-
 cdjpyrene is a Class C carcinogen; it has
 an RSD of 0.002 ppm. Specifically, skin
 carcinomas and papitiomas in mice have
 resulted from subcutaneous injection of
 and skin painting with indeno(l,2,3-
 cd)pyrene.
   Each of the inorganic .constituents of'
 concern in F032,, F033, F034, and F035
 (arsenic, chromium, and lead) has an
 MCL of 0.05 ppm. Arsenic is a proven
 carcinogen (Class A), has caused skin _
 and lung cancer in humans and,  through
 occupational exposure, may cause
 precancerous lesions. Chromium
 compounds are acute systemic    ' • •
 toxicants, mainly affecting the skin and
 mucous membranes. Lead is an
 accumulative poison; it can cause a
 number of human physiological effects
 including kidney damage and
 reproductive disorders. (The MCL for
 lead is currently being reviewed by the
 Agency.)
   To date, EPA has established health-
 based numbers for only two of the
 PCDD constituents'of concern: 2,3,7,8-
 tetrachlorodibenzo-p^dioxin and
 hexachlorodibenzodioxin. Only limited
 data exist on the other congeners. These
 congeners differ in the number of
 chlorine atoms they contain and the
 relative positions of these chlorine
 atoms on the. dioxin or furan molecules.
 The similarity in structure,that some of
 thesn congeners display indicates that
 they are often present together as a-
 complex mixture. The congener 2,3,7,8-
 TCDD is the most widely studied
 constituent of concern] It is a Class 82
 carcinogen; its RSD, at the 10~s risk
 level, corresponds to a water
 concentration limit of 2.3 X 10~10ppm.
 Exceptionally low doses of this
 compound elicit a wide range of toxic
 responses in animals (e.g., adverse
 reproductive effects, thymic atrophy,
 and a wasting syndrome leading to
 death).
  For those PCDD congeners and PCDFs
 that do not have established RSDs, EPA
 is proposing to use the health-based
 numbers for 2,3,7,8-TCDD as an
 indicator of their relative toxicity. This
 is determined by using the toxicity
 equivalence factors (TEFsJ assigned to
 the relevant congener and applied to
 risk levels associated with 2,3,7,8-TCDD.
 Limited data suggest that other PCDD
 congeners have toxic effects similar to
 those of 2,3,7,8-TCDD. Further, data
 indicate that some PCDF congeners
 exhibit 2,3,7,8-TCDD-like toxicity.
  Briefly, to determine TEFs,
 concentration data are first obtained on
 the PCDDs and PCDFs present in the
mixture. Then, reasoning on the basis of
 the structure-activity relations and
 results of short-term tests, the toxicity of
 each of the components is estimated and
 expressed as an equivalent amount of
2,3,7,8-TCDD. Combined with estimates
 of exposure and known toxicity
information on 2,3,7,8-TCDD, the risks
 associated with the mixture of PCDDs
and PCDFs can be assessed. The
Agency believes that, in the absence of
toxicological data on all the PCDDs and
PCDFs and, as an interim measure, this
method provides a reasonable estimate
of the toxicity (see Risk Assessment
Forum, 1986).

4. Constituents Proposed for Addition to
Appendix VIII

  The majority of the constituents of
concern present in the wood preserving
and surface protection wastes already
appear on the list of hazardous
constituents (409 CFR Part 261,
Appendix VIII). This action proposes to
add three more constituents of concern
from such wastes which are not
presently listed on Appendix VIII to that
appendix, specifically: benzo(k)-
fluoranthene, heptachlorodibehzofurans,
and heptachlorodibenzo-p-dioxins. The
known health effects of these waste
constituents are summarized in the
following discussion.
  Benzo(k)flubranthene is classified by
EPA as a Class 62 carcinogen. Available
toxicity data (USEPA, 1987) demonstrate
that it is carcinogenic to animals and,
according to the International Agency
for Research on Cancer (IARC),
benzo(k)fluoranthene is a probable
human carcinogen.
Benzo(k)fluoranthene has been
evaluated in dermal studies with mice,
in mouse-skin initiation-promotion
assays using TPA as a promoter, and in
a subcutaneous injection study of mice.
It has been shown to be active as an
initiator and produced injection site
sarcomas in the subcutaneous study.
Benzo(k)fluoranthene has also been  .
shown to be mutagenic in standard
mutagenicity tests with.Sa/mane//a
typhlmurium strains TA100 and TA98.
  Heptachlorodibenzorp-dioxins and
heptachlorodibenzofurans are members
of the large family of chlorinated dioxins
and furans. Certain of these chemicals;
most notably, 2,3,7,8-TCDD, have been
shown to be highly toxic. The Agency's
Carcinogen Assessment Group (CAG)
has completed quantitative analyses
demonstrating that 2,3,7,8-TCDDs and
2,3,7,8-HxCDDs are among the most
potent animal carcinogens ever
evaluated by the Agency. Limited
experimental data, supplemented by
structure/activity analyses indicate
other chlorinated dioxins and furans.
such as heptachlorodibenzo-p-dioxin
and heptachlorodibenzofuran may have
toxic effects similar  to 2,3,7,8-TCDD at
very low doses (EPA, 1987). EPA has
therefore concluded that there is
sufficient evidence to conclude that
heptachlorodibenzo-p-dioxin and
heptachlorodibenzo-furan are
constituents of concern in hazardous
wastes and should be added to 40 CFR
261 Appendix VIII.

5. Mobility and Persistence of Wastes
from Wood Preserving and Surface
Protection Processes

  The toxic constituents from wood
preserving and surface protection-
processes have been found to migrate
from the wastes and; further, they-have
been found to have sufficient mobility
and persistence in the environment to
contaminate ground water (including
drinking water), surface waters and
sediments, and surface soils. The
solubilities and projected ground water
mobility of the selected organic
constituents of wood preserving wastes
are presented in Table 15.               •

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53306
           Federal Register / Vol. 53,  No. 251 / Friday. December 30,  1988 / Proposed Rules
                   TABUE 15.—•GROUNOWATER MOBtuTv_AND PERSISTENCE OF CONSTITUENTS OF CONCERN
Constituents at concern
Cm-OROPHENOLS
2,<* S-Trichtorophenol 	 	 ..•«••
23 < 6-Totrachlorophenol 	 	 	
p6ntachlofcph@nol *-.—.-.-..-« ..«•....-,
POLYNUCLEAR AROMATIC
HYDROCARBONS
B-p4jioxin« •„_-__
HtvFi*chtoftx)a3anzo-p-° 	
Water
sokjMrty
(ppm)
800 • .
14
0.057
0.038
0.0043
0.0005
0.0005
31.7
0.0002
0.0001
0.000004
0.000002
Log'
K0w
3.61
4.1
5.04
5.61
6.06
6.06
6.84
6.50
3.29
6.84
9.65
10.44
11.50
Koc*
2,000
4,050
16,000
20.000
550.000
550,000
3.300,000
1,600.000
940
3,300,000
1,700,000
11,500,000
17,000,000
Mobility >
Slightly * contaminated
medium
tow
tow
low
low
low
low
low
low
low
low
low
tow
low
Highly * contaminated
medium
high.
high
high
high
high
high
high
high
high
high
high
high
high
Persistence *
high.
hign.
high.
high.
high.
high.
high.
high.
high.
high.
high.
high.
high.
• ROW - Octanof-waler partition: coefficient; See Background Document for Data Sources.
*Kec- Soil sorption coefficient. See Background Document for Data Sources.
» Qua! tatrva relabve evaluation of mobility and persistence, based on water solubarty, tog KOW, and!KOC-                      «,•,«,&,« of tha unelerfvina
4 SSgntty corrtarwoeted medfumi represents a mismanagement scenario whare release of hazardous constituents does not result m saturation of the underlying
      ,_...   J         _.^-       ^ mismanagement scenario wnere release of hazardous constituents results in saturatiw of tre underlying soil by
 "°tl ^t

 oioxin.
    • Data b*Md on properties ol lA3,4,7.8-Hexachlorodibenzo-^dioKin.
    "» Data baiod on properties of 1^^A6i7,8^leptachtorodibenzo-p
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               Federat Register  /Vol. 53, No*. 28tr / Friday, December 30, 1988 A Proposed
                                                                       533OF
 reach environmental receptors at
 hazardoua concentrations,  .
   The mobility parameters summarized
 in Table 15 distinguish between low-
 and high-contaminated soil medium. At
 low contamination levels, leaching of
 water soluble constituents from the
 waste to the ground water predominates
 with less water soluble constituents
 being adsorbed by the surrounding soil,
 or migrating through other less well-
 understood mechanisms. However, as
 the contamination level of the soil
 medium increases, the soil becomes.
 saturated, eliminating further adsorption
 of the non-polar constituents and
 creating a separate organic phase. This
 organic phase dissolves the non-polar
 constituents and facilitates transport
 from the site.
   The Agency considers a compound to
 be persistent if it persists in the
 environment long enough to be detected
 since, if a chemical can be detected in
 ground water, exposure to humans is
 possible. All the constituents of concern
 in waste streams, F032, F033, F034, F035
 are adequately persistent to result in
 human exposure if they are released
 into ground water. The principal
 processes that limit the persistence
 (half-life) of chemicals in ground water
 are hydroloysis and biodegradation.
 None of the constituents are expected to
 hydrolyze far water between pH 2 and 12
 at ambient temperature at a rate fast
 enough to be a factor'in limiting human
 exposure. This is because none of the
 constituents of-concern have structural
 components that would be expected to
 react with water under those conditions.
  Biodegradation is probably the most
 important degradation mechanism for
 each of the organic constituents of.v
 concern. Under certain aerobic
 conditions (i.e., condition in which
 oxidizing microorganisms are capable of
 metabolism), organic hazardous
 constituents are expected to be:
 biodegradable as shown under
 controlled laboratory conditions. Little
 is known, however, about the
 degradation of these compounds in the
 real world or in anaerobic
 environments. Under anaerobic
 conditions (i.e.,, those in which
 microorganisms capable only of
 oxidative metabolism, cannot survive),
 these compounds may persist for very1  •
 long periods. In ground water therefore,
where microbial life and oxygen are
 limited, to biodegradation of these
 constituents is expected to be slow or
non-existent                  •'••.-
  To substantiate the mobility  and.
persistence of these compounds, over-   •
100 cases of environmental^            , -
contamination- with-wood, preserving-,.;
and surface protection wastes are  t-   •
  described in the docket supporting this <
  proposed rulemaking. Selected cases-
  describing environmental contamination
  with pentachlorophenol, creosote, and
  inorganic wood preserving wastes and
  pentachlorophenate surface protection
  wastes are presented in an appendix to
  this preamble.

  EL Basis for Designating F032 and FV33
  As Toxic (T) Rather Than Acute
  Hazardous (H)
   EPA has previously listed wastes from
  the manufacture of pentachlorophenol—
  namely, F021 (wastes from the
  production or manfacturing use of
  pentachlorophenol, or of intermediates
  used to produce its derivatives) and
  F027 (discarded unused formulations
  containing tri-, tetra-, or
  pentachlorophenol or discarded unused
  formulations containing compounds
  derived from these chlorophenols)—as
  acute hazardous waste. EPA
  promulgated the listing for F021 and
  F027 on January 14,1985 (see 50 FR
  1978), as part of an action that involved
  listing seven different acute dioxin-
  containing wastes.
   Today's action proposes to designate
  wastes from wood preserving and
 surface protection processes that use or
 may be contaminated with
 pentachlorophenol (F032 and F033,
 repectively) as toxic (T) rather than as
 acute hazardous (H) waste. EPA's
 decision to designate F032 and F033 as
 toxic is based primarily on new
 information regarding the toxicity of
 commerical pentachlorophenol products
 contaminated with concentrations of
 hexachlorodizbenzodioxin (HxCDD).
 This new information also may affect
-the Agency's basis for designating F021
 and F027 as acute hazardous.
 Consequently, EPA may, in the future,
 consider changing the designation of
 F021 and F027 from acute hazardous to
 toxic. Any such action would be the
 subject of a separate rulemaking in the
 future. The agency is hot soliciting
 comments, on the basis for, or listing of.
 hazardous wastes F020 through F023, or
 F026 through F028 as part of this
 proposal, and will not respond to any
 comments received regarding these
 listings.              .
   In the.preamble that accompanied the
 January 14,1985. rale, the Agency stated
 that 'The principal basis for listing the
 pentachlorophenol wastes as acute
 hazardous is the presence of substantial
 concentrations of HxCDDs and HxCDFs"
 (hexachlorddibenzofurans) * * *" (5O
 FR 1980).  On the basis of the toxicity
 data available at the time of  :
 promulgation (i.e., that HxCDDs are .:-.-.
 about 4 percent as toxic asr      -•- • • >. > '-
 tetrachlorodibenzodioxins (TGDDs),  ..-.
 equal in potency to Aflatoxin Bl, and
 1,000 times more potent than ethylene
 dibromide), EPA concluded that HxCDD
 is one of the most potent carcinogens
 ever identified by the Agency. The
 Agency concluded therefore, that "* *  *
 because these wastes contain the potent
 carcinogen HxCDD at levels of
 regulatory concern, they meet the
 criteria of 40 CFR 261.11(a)(2), and are
 properly listed as acute hazardous
 wastes*  * *" (50 FR 1982). In making
 this finding, the Agency relied on
 toxicity data for HxCDD, provided by a
 bioassay conducted by the National
 Cancer Institute in 1983 as a surrogate
 for the toxicity of mixtures of
 pentachlorophenol and HxCDD found in
 pentachlorophenol wastes.
  In April of this year, the National
 Toxicology Program (NTP) released a
 draft report on the results of a study of
 the toxicity of purified and technical
 grade pentachlorophenol containing
 measured levels of HxCDD as well as
 other dioxin homologues in lower
 concentrations (McConnell, 1988). EPA's
 Carcinogen Assessment Group (GAG)
 has reviewed the NTP report, found the
 study, to be valid according to its
 established criteria, and concluded that
 the data from the study are valid for use
 in calculating Ql* values for. the
 mixtures studied.
  The NTP draft report states that the
 purified pentachlorophenol tested was
 DOW EC-7 which contained 0.19 ppm
 HxCDD. The technical grade
 pentachlorophenol tested was a
 composite mixture of equal parts of
 products made by Monsanto, Reichhold.
 and Vulcan; it contained 10.1 ppm.
 HxCDD. The DOW EC-7 was also
 reported to contain
 tetrachlbrodibenzodioxin at greater than
 0.04 ppm, heptachlorodibenzodioxin at
 0.53 ppm, octachlorodibenzodioxin at
 0.69 ppm, heptachlorbdibenzofuran at
 0.13 ppm, and octachlorodibenzofuran at
 0.15 ppm. NTP reported that the
 technical grade mixture contained the
 following additional dioxins and furans:
 Heptachlorodibenzodioxin at 296 ppm,
;octachlorodibenzodioxin at 1,386 ppm,
 pentachlorodibenzofuran at 1.4 ppm.,
 hexachlorodibenzofuran at 9.9 ppm.
 heptachlorodibenzofuran at 88 ppm, and
 octachlorodibenzofuran at 43 ppm
 (McConnell, 1988).
  The results of the study demonstrate
 that both grades of pentachlorophenol
 tested show significant increases in liver
 and kidney tumors in male B6C3F1 mice
 and increases in vascular tumors in
 female mice of the same strain. Using
 linear low dose extrapolation, a report
 completed for-Vulcan Materials Co. hi  :
 May of 1988 finds that, using the Crump

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53308        Federal Roaster A VoL 53,  No> 251 / Friday. December 30, 1988  / Proposed Roles
Global 88 Multistage Procedure, the
purified pentachlorophenol exhibits a
Ql* for humans of 0.24S(mg/kg/day}-l
and the technical grade
pentachlorophenol exhibits a Ql*,of
0.788 (nig/kg/day)-! (Litt. 1988). These
values are approximately four to five
orders of magnitude lower than the Ql*
of 11,000 (nig/kg/day)-! for HxCDD
calculated from the data in the NCI
bioassay that served as EPA'a basis for
selecting HxCDD both as the basis for
listing F021 and F027 and as 'the basis
for designating F021 and F02I* as acute
hazardous waste.3 The data also
demonstrate that pentachlorophenol is
itself carcinogenic.
  Based on the recent data provided by
NTP, EPA has concluded that the
assumption that HxCDD can serve as a
reasonable surrogate to indicate the
toxicity of pentachlorophenol wastes
may not be appropriate. The new data
indicate that the purified and technical
grades of pentachlorophenol (with
concentrations of HxCDD and other
dioxins and furans generally two orders
of magnitude higher, than the
concentrations found in F032) exhibit
significantly lower carcinogenic
potentcy than EPA had anticipated
when listing F021 and F027. Moreover,
the Ql* values generated from the liver
tumor data reported by NTP are
comparable to, or lower than, those
exhibited by the constituent'! of other
wastes that have been listed as toxic
hazardous waste by EPA. For example,
five waste streams from the production
of inorganic pigments (K002, K003, K004,
K005, and K006) are listed for their
Chromium VI content EPA'a CRAVE
presently reports a Ql* for Chromium VI
of 41 (mg/kg/day) ~'. EPA Hazardous
Waste No. K019, heavy ends; from the
distillation of ethylene dichloride in its
production, is listed for a number of
carcinogenic chlorinated organic
 chemicals. The most potent of these,
 ethylene dichloride has a QH* of 1.2
 (mg/kg/dayl~* for inhalation exposures
 and 0.6 (mg/kg/day)-1 for oral
 exposures. As a third example, EPA
 Hazardous Waste No. K041 (wastewater
 treatment sludge from the production of
 toxaphene) is listed on the basis of its
 toxaphene concentration, which has an
 EPA CRAVE-calculated Ql" of 1.1 (ing/
 kg/day) ~* (Ratcliff, 1988). All of these
 wastes are listed as toxic on the basis of
   * la it* own evaluation of the NT? reports. EPA
 hat calculated timilar Ql* values uiiing the data
 reported for liver tenor*. H>A hn aho calculated
 Ql* value* B*tag tht tUta for hema»glo*aicoma»
 reported by NTP «nd may delcmdns that these data
 provide « mcrs accurate estimate ol'tbe
 cardnogenldty of th* two pentachlorophenol
 mixture*. EPA'a calcola tton* ate available in the
 pobMcttockatforUitorule. .
carcinogens that are as potent as or
more potent than the mixtures of
pentachlorophenol studied by NTP.
  Waste characterization data obtained
by EPA for F032 wastes indicate that
these wastes contain a median HxCDD
concentration of 5,000 ppb (or 5 ppm),
less than one-half the maximum
concentration reported for the NTP
composite. Other dioxin homologues,
including tetrachlorodibenzodioxins,
pentachlorodibenzodioxins, and
heptachlorodibenzodioxins, are also
typically present in F032  and F033
wastes at concentrations one to two
orders of magnitude lower than the
HxCDD concentrations.
Pentachlorophenol concentrations in
F032 and F033 wastes range from 0.01
ppm to 160,000 ppm (median: 80,000
ppm). EPA therefore believes it may be
appropriate to assume that the toxicity
of the mixtures tested by NTP is similar
to the toxicity of F032 and F033 wastes.
The Agency solicits comments on this
assumption.
  Although the NTP test mixtures differ
from the typical make-up of F032 and
F033 wastes, the concentrations of all of
the dioxin homologues reported by NTP
for their test materials are considerably
higher than those documented for dioxin
homologues in F032 and  F033. Because
the Agency has concluded that the new
toxicity data indicate that mixtures of
pentachlorophenol and dioxin
homologues are dominated, in terms of
their carcinogenic potency, by   .
pentachlorophenol, EPA further
concludes that a designation of toxic
rather than acute hazardous is
warranted for F032. and F033. Available
data-show that pentachlorophenol is
likely to be the principal determinant of
the relative toxicity of the waste. The
cited references and further discussions
of EPA's analyses appear in the docket
   In listing a waste as hazardous, EPA
is not concerned solely with the toxicity
of individual waste constituents. Rather,
EPA must base listing decisions on a
 consideration of both the potential
 toxicity of a waste and the mobility and
 persistence of waste constituents (i.e.,
 their probability of reaching
 environmental receptors in significant
 concentrations). The Agency does not
 now have data that demonstrate
 conclusively how pentachlorophenols or
 the dioxin and furan constituents of
 F032 and F033 would move in the
 environment and what their relative
 ground water concentrations would be
 in a representative environmental
 setting. EPA has noted, however, that
 considerable ground water
 contamination has. been documented at
 wood preserving facilities. Data
reviewed by EPA show that both the
pentachlorophenol and the dioxin and
furan constituents eventually migrate to
the ground water. EPA believes that
exposures to ground water consumed as
drinking water contaminated with F032
or F033 wastes would involve
simultaneous ingestion of
pentachlorophenol, dioxins, and
dibenzofurans at relative concentrations
similar to those present in the waste.
EPA solicits comment on this
assumption. The Agency believes that
the health risks associated with such
exposures are best represented by the
data from the NTP study.
  EPA specifically requests comment on
the appropriate, designation of F032 and
F033 as toxic rather than acute
hazardous. Information received on this
issue may result in the Agency
Devaluating its proposal to designate
F032 and F033 as toxic. Again, the
Agency is not soliciting comment
regarding existing F listings; ample
opportunity for public comment
concerning the appropriate designation
of F021 and F027 will be provided if and
when a proposal to change the
designation is deemed appropriate*

F. Technical Standards for Drip Pads

   The amendments proposed today
include additional standards applicable
to drip pads in treated wood storage
yards and in kick back areas used in
managing hazardous waste at wood
preserving and surface protection
facilities. These standards are intended
to provide for proper handling of treated
wood drippage.
   At many wood preserving facilities,
treated wood is stored in open, unpaved
storage yards where excess preservative
drips from the wood or is washed away
by rain. The drippage and contaminated
 rainwater are often allowed to run onto
 the ground and may be collected in
 ditches or ponds, or they are allowed to
 run into nearby surface water, thereby
 contributing to soil, surface water, and
 ground-water contamination. The
 hazards  posed by contamination from
 drippage that mixes with other wastes
 or is contained in rainwater result from
 this practice of allowing excess
 preservative to drip or wash from
 treated wood to the ground in wood
 storage yards and are part of the basis
 for including treated wood drippage in
 the proposed listings.
   Available data show that
 considerable surface water, soil, and
 ground water contamination presently
 exists at wood preserving and surface
 protection-sites. These data show that .
 soils and sediments from accumulated
 mixtures of drippage and waste or

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                               ~A VoL. 53^ No> 251 /-Friday. December-30^ 198a-/ Proposed Rules        53388-
rainwater may contain significant
concentrations of the constituents of
concern, including pintadilbibpheriol,
PCDDs, and PCDFs. The data indicate
that significant environmental
contamination (and potential threat to
human health and the environment)
results where storage residuals (from
drippage) from wood preserving and
surface protection are allowed to
accumulate in surface impoundments,
ditches, or other collection units and
they support EPA's decision to include
drippage and drippage residual in the
proposed listings.
  Generators of F032. F033, andFOSS
drippage (and any water or wastes that
become mixed with drippage) must
manage it in accordance with Subtitle C
requirements. Generators who dispose
of drippage on the ground must conduct
such disposal in accordance with
Subtitle C requirements, including the
prohibition on disposing liquids in
landfills (see 40 CFR 264.314 and
265.314). Generators of treated wood
drippage will therefore become owners
and operators of hazardous waste
treatment, storage, and/or disposal
facilities subject to the 40 CFR Part 264
permitting standards, the 40 CFR Part
265 interim status standards, and
associated standards for permit
applications and other requirements.
Under the existing Part 264 and 265
 standards, generators may operate
 either tanks or land disposal units to
manage their treated wood drippage.
Today's proposal would add Part 264
 permitting and Part 265 interim status
 standards for drip pads. In the event
 that drippage is collected and is moved
 from the drip pad within 90 days
 following generation,, generators may
 avail themselves of the 90-day
 accumulation standards of 40 CFR
 262.34, and would not need Part B
 permits for their drip pads or tanks
 (consistent with § 264.1(g)(3), 265.1(c)(7),
 and 270.1(c)(2)(i)) provided that they
 comply with the Part 265 standards, as
 required by 40 CFR 282;34.
   EPA recognizes that, at some wood
 preserving facilities, concrete pads have
 been installed to route drippage in kick
 back and storage areas to collection
 areas or devices. EPA believes that most
 .drip pads are constructed so that
 drippage runs off the pad, which is
 sloped, and collects in a sump or in
 some other-depressed: area (other than
 land) associated with (or part of) the
 pad. The drippage then accumulates-in
 this collection area or device until
 removed for. recycling, disposal, storage.
 or treatment.         '
    These associated collection areas or
 devices generally will meet the-.
definition of a hazardous waste storage
tank (see 40 CFR 260.10} and are
therefore subject to applicable
standards under 40 CFR Parts 264 and
265 Subparts J. EPA does not believe,
however, that the drip pads themselves
meet the definition of a tank. These pads
resemble floors, which are neither tanks
nor "ancillary equipment" for tanks, and
are not currently subject to regulation.
  Because no management standards
currently apply to drip pads, EPA is
proposing to designate drip pads as a
new hazardous waste management unit
and to impose standards for the
operation of these pads. EPA is thus
proposing to add a definition to f 260.10
fqr drip pads at wood preserving and
surface protection facilities and add to
Part 264 technical permitting standards
and Part 265 interim status standards for
drip pads at wood preserving and
surface protection facilities. EPA is also
proposing amendments to the 90-day-
accumulator rule of § 262.34 that will
allow generators who operate drip pads
at wood preserving and surface
protection facilities to operate their drip-
pads without obtaining a RCRA Part B
permit, provided that they: (1) Remove
collected drippage from the drip pad and
associated collection area or device
within 90 days following generation, (2)
 comply with the Part 264 technical
 standards for drip pads at wood
preserving and surface protection
 facilities, (3) label or mark each drip pad
 with the words "Hazardous Waste", (4)
 mark each drip pad with the date on
 which accumulation began in a manner
 that is visible for inspection; and (5)
 comply with the requirements for 40
 CFR Part 265, Subparts C and D and
 § 265.15 for preparedness and
 prevention,'contingency plan and
 emergency" procedures, and inspections.
 EPA does not solicit, and will not
 respond to, any comments regarding the
 basis for, scope, or applicability of the
 existing regulation at 40 CFR 262.34.
   The proposed Part 264 technical
 standards specify design and operating
 requirements for drip pads at wood
 preserving and'surface, protection
 facilities. The standards include
 requirements for containment systems,
 inspections, and for preventing trackage
 of drippage from kick back, drip, and
 storage areas. The standards would also
• require that generators operating drip  -
 pads at wood preserving and surface-
 protection facilities comply with all of
 the general-requirements of Part264
 Subparts A through H. The specific
 technical requirements are discussed in
 '.detail, later in.this section.
1. Part 264 Technical Standards for Drip
Pads (40 CFR Part 264, Subpart TJ

  The technical standards for drip pads
have been designed to provide
substantial protection, and resemble to
a large degree the existing standards for
hazards waste tanks. The drop pad
standards add a novel requirement to
prevent the tracking of hazardous waste
off the pad by equipment or personnel.
The standard for preventing tracking of
waste off of drip pads is included
because information available to EPA
shows that tracking can cause soil
contamination and may be a significant
mechanism by which cross-
contamination occurs at facilities that
use more than one preservative at a
single location. The Agency requests
comment on all aspects of the proposed
technical standards.
   a. Requirements for containment
systems (40 CFR 264.571). The proposed
standards for drip pads at wood
preserving and surface protection
facilities require that drip pads be
constructed of a curbed, impervious
base (e.g., concrete) that is sloped or
otherwise designed to drain
accumulated liquids resulting from
drippage and precipitation. Drip pads
and associated collection areas or
devices (systems) that are exposed to
rain must have sufficient capacity to
contain the water from a 25-year/24-
hour storm event The pad must also be
surrounded by a dike or berm to prevent
water from running onto it. Accumulated
materials must be removed from the
 associated collection system at intervals
 sufficient to prevent overflow onto  the
 drip pad. The standards for containment
 systems further require that drip pads be
 maintained in good condition (i.e.,
 without cracks or visible signs of
 leakage). Any pad that is visibly
 cracked or otherwise not capable of
 containing drippage must be repaired or
 promptly removed from service.
   b. General operating requirement (40
 CFR 264.572). In order to prevent      ;
 hazardous waste or hazardous
 constituents from being tracked from
 treated wood drip.pads, the proposed
 standards include a general operating
 requirement which specifies that drip
 pads must be operated and maintained
 such"that tracking of drippage'off-site is
 prevented. To comply with this
 requirement, generators must have '.
 equipment (e.g:, forklifts, tram cars, etc.)
 that is dedicated for use on each drip.
 pad and that does not leave the pad.
 Personnel working on drip pads should
 decontaminate any clothing or shoes
 before they are taken off a drip pad site.
 During the course of EPA's data and

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 53310
Federal Register / Vol. 53,  No. 251 /  Friday,  December 30, 1988 / Proposed Rules
 information collection activities to
 support this proposal. Agency personnel
 received descriptions of and observed
 wood preserving facilities that have
 already initiated such practices in order
 to prevent releases of wood preserving
 chemicals (This information is available
 in the docket for this rulemaking). .The-
 Agency therefore anticipates that many
 wood preserving facilities are already
* using practices that meet this
 requirement
  e, Inspection requirements (40 CFR
 264.573). Today's proposed standards for
 drip pads require that owners and
 operators inspect their drip pads at least
 weekly for signs of cracking or
 deterioration that could lead to releases
 of hazardous waste. The inspection
 standard specifies that the entire surface
 of all drip pads be inspected weekly.
 This requirement is intended to ensure
 that portions of the drip pad that are
 covered by treated wood for extended
 periods of time are inspected regularly
 for signs of deterioration. At facilities
 where treated wood is held for more
 than one week, owners and operators
 may need to move wood periodically so
 that all parts of the drip pad can be
 inspected on schedule. Under the
 general requirements of Part 264, owners
 and operators would also be required to
 maintain records of their inspections.
  d.  Closure requirements (40 CFR
 284.574). At closure, owners and
 operators of drip pads would be
 required to remove all hazardous waste
 and hazardous waste residues from the
 drip pad. The base and any
 contaminated soil would also have to be
 decontaminated at closure.
 2. Part 265 Interim Status Standards (40
 CFR Part 285. Subpart T)
  The interim status standards for drip
 pads at wood preserving and surface
 protection facilities include all of the
 same requirements as the proposed Part
 284 standards.
 G. Equipment Cleaning or Replacement
 Standards for Wood Preserving and
 Surface Protection Facilities
 1. Applicability
   As stated previously, documented
 cases of cross-contamination following
 a changeover of wood preserving or
 surface protection formulations require
 that both past and current use of a
 formulation be included in the listing
 descriptions. The Agency realizes that
 generators can take measures following
 a changeover of formulation to abate
 cross-contamination. Consequently, the
 Agency is proposing equipment cleaning
 and  replacement procedures that, if •
 adhered to, would cause waste at these
                         facilities generated in processes that do
                         not use chlorophenolic formulations to
                         no longer meet the listing description of
                         F032. Such wastes, however, may meet
                         the description of the other wood
                         preserving hazardous waste listings,
                         such as F034 or F035 or exhibit one or
                         more of the hazardous waste
                         characteristics. Further, equipment
                         cleaning or replacement procedures
                         apply to facilities engaged in surface
                         protection processes that currently use
                         or previously used chlorophenolics.
                         Once the procedures are adhered to,
                         wastes from processes that do not use
                         chlorophenolics would no longer meet
                         the listing description of F033.
                         Consequently, these wastes would only
                         be regulated under Subtitle C of RCRA if
                         they exhibit one or more of the
                         characteristics of hazardous waste.
                         Generators should note that the wastes
                         generated from equipment cleaning and
                         replacement, pursuant to  this section,
                         must be treated as listed F032 or F033
                         waste.
                           EPA believes that the cleaning
                         procedures are necessary in order to
                         allow wastes known not to contain
                         PCDDs and PCOFs to be handled in
                         accordance with their potential hazard.
                         The Agency is concerned with these
                         wastes in particular, because of the
                         small number of permitted and interim
                         status facilities (and hence low
                         capacity) able to receive dioxin-
                         containing wastes. The existing capacity
                         shortage and the reported tendency of
                         hazardous waste handlers to turn  away
                         any hazardous waste that may contain
                         chlorinated dioxins, regardless of its
                         regulatory status under RCRA, has
                         raised concerns about growing
                         quantities of waste for which there may
                         be no viable treatment or disposal
                         option. EPA is proposing the equipment
                         cleaning and replacement standards for
                         generators of F032 and F033 wastes as
                         one measure that can be taken to avoid
                         exacerbating the existing capacity
                         shortage. Today's proposal does not
                         include provisions for equipment
                         cleaning and replacement to alleviate
                         cross-contamination between creosote
                         and inorganic preservative processes
                         •because the hazardous constituents of
                         F034 and F035 do not raise the same
                         concerns. F034 and F035 thus are listed
                         by process rather than by facility. EPA
                         , solicits comment however, concerning
                         the potential benefits of a facility-based
                         listing description for F034 and F035 and
                        , of applying the equipment cleaning and
                         replacement provisions to such listings.
                         2. Equipment Cleaning or Replacement
                         Performance Standard
                           The performance standards require, .
                         that the owner or operator of the facility
must clean or replace all equipment that
may have come into contact with
chlorophenolic formulations or
constituents originally present in the
formulations. This must be done in a
manner that eliminates the release of
hazardous waste, hazardous
constituents, leachate, or hazardous
waste decomposition products from
prior use of chlorophenolics to the
environment (as detailed in the cleaning
and replacement requirements). If
equipment cleaning and replacement
procedures have been completed
satisfactorily, it can be demonstrated
that the wastes generated will no longer
meet the listing description of F032 or
F033 because there will be no cross-
contamination from the previous use of
chlorophenolics.

3. Equipment Cleaning or Replacement
Requirements

  Generators must follow the equipment
cleaning or replacement standard
according to a plan written by the
generator or his representative. Once
the plan is carried out, it must be signed
by the generator and a copy of the
certified plan must be submitted to the
Regional Administrator along with other
information, as explained below.
  The plan must stipulate methods to
remove all visible residues from
equipment including, but not limited to,
sumps, tanks, piping systems, drip pads,
forklifts, and trams. Further, the plan
must detail the use of solvent rinsing to
remove non-visible contaminants.
Rinsing must continue until no
chlorophenolics or dioxins are detected
in the final rinse using the testing
method required. Alternatively, the plan
may describe methods to replace all the
process equipment that may have come
into contact with chlorophenolic
formulations. The standard requires that
all residues from the cleaning operations
and all discarded equipment that has
not been decontaminated must be
handled as either F032 or F033
depending upon the type of process for
which the equipment was used.

4. Previous Equipment Cleaning or
Replacement Provision

  If it can be documented that pervious
equipment or replacement, procedures
have been conducted, and that they '
meet the proposed standards of § 261.35,
this information, verified by the owner
or operator; may be used to fulfill the
equipment cleaning or replacement
requirements. If this alternative is used*
the generator must document (by
providing records of all the formulations
and existing processes used on-site) that
no further cross-contamination could

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              Federat Register / Vot 53; Nor 25fc-/? Fridays December 3g 1S8&1. Proposed Ruler *      533Z&
have occurred folkiwicg the deaning^ or
replacement Further, generators mast  •
submit documentation of prior
equipment cleaning or replacement and
continued use of non-ehlorophenolic
formulations to the EPA Regional
Administrator, along with a certification
of its authenticity, and must receive the
Regional Administrator's written
approval before the generator can be
considered to have complied with the
equipment cleaning and replacement
standards and the wastes can be
considered to no longer meet the listing
discription of F032 or F033, The Regional
Administrator will review the
information submitted to determine
whether all necessary equipment has
been cleaned or replaced and that
cleaning has been verified through
adequate and appropriate testing, aa
required by § 261.35.

5. Testing Requirement
  The procedure also specifies certain
testing and recordkeeping requirements.
Following equipment cleaning, SW-848
Method 8290 must be used  to analyze for
dioxins and dibenzofurans  (Method 8290
has been proposed for addition to SW-
848 but has not been added in final form.
EPA expects that Method 8290 will be
final before this proposed rule becomes
effective. A description of Method 8290
is available in the docket for this rule).
Once the contaminants are no longer
detected in the solvent rinse using these
methods, the equipment is judged clean
and the equipment cleaning or
replacement standard has been met.

•6. Notification, Review, and Approval
  Generators intending to use the
equipment cleaning or replacement
procedures so that their wastes will not
meet the F032 or F033 listing decription
must submit a notification  of their intent
to clean and replace equipment to the
Regional Administrator 30  days before
cleaning and replacement activities
commence. Within 30 days following
completion of equipment cleaning and
replacement activities, generators must
submit copies of all records and the
cleaning and replacement plan together
with a signed certification  to the
Regional Administrator. Under the  •
proposed rule, the Regional
Administrator will review  all
 documentation provided and make a
 determination concerning whether the
generator has fully complied with the
 equipment cleaning and replacement
•standards.:   "      • •
   In the event that the Regional
 Administrator notifies the  generator of a,
 tentative determination that the   .  •
 requirements for equipment cleaning
 and replacement have not been met, the
generate* w& be allowedfeSa days to  -  ,
provide any additional information that •
would support a change in the
determination. After receipt of any
additional information, the Regional
Administrator must notify the generator
of the final determination within 30
days. A determination that all
equipment cleaning and replacement
requirements have been met becomes
effective immediately and the subject
wastes would then no longer meet the
listing description of F032 or F033,
provided that the generator does not
resume or initiate use of chlorophenolic
formulations. They may, however.:
continue to be RCRA hazardous waste
either because they meet other listing
descriptions [e.g., F034 or F035) or
because they exhibit one or more of the
characteristics of hazardous waste.
H. Test Methods for Compounds Added
to Appendices VII and VIIIof4OCFR
Part 261
  In order to analyze  for the
constituents of concern present in.
today's proposed listed wastes,
appropriate analytical procedures must
be specified. Tables 1 and 2, in 40 CFR
Part 261, Apendix in list the analytical
methods authorized by the Agency for
organic and inorganic compounds.
These procedures are described in EPA
Publication SW-846: "Test Methods for
Evaluating Solid Waste, Physical/
Chemical Methods," (U.S. EPA. 1986), a
copy of which is included in the docket
for this proposal. The detection limits
required for these analyses are those
specified by SW-848.
  The majority of the wood preserving
and surface protection constituents of
concern already have analytical
methods assigned to them in Part 261.
Today's proposal will add
benzo(d)fluoranthene to Appendix HI.
Benzo(k)-fluoranthene can be analyzed
for using method numbers 8100, 8250,
8270, or 8310.
  Today's proposal also adds
heptachlorodibenzo-pTdioxins' and
heptachlorqdibenzofurans to the list of
hazardous constituents of 40 CFR Part
261, Appendix VIII. These two
chemicals belong to the family of PCDDs
and PCDFs already listed in Appendix
III. Method 8290, listed on Appendix III
as the method of analysis for PCDDs
and PCDFs, should be used to analyze
for heptachlorodibenzo-p-dioxins and
heptachlorodibenzofurans. EPA notes
that Method 8290 has been proposed for
addition to SW-848. EPA expects that
the method will be added in final form
before the effective date of this
 proposed-rule. A description, of Method •
 8290 is available, in the docket for this
 proposed rule.,   ••   '   -   ,• .
  The tea* methods ace designed foe tss& •
in detecting specified substances by •
applicants who wish to conduct waste
evaluations in support of delisting
petitions (40 CFR 260.22), and by owners
or operators of hazardous waste
management facilities who must
conduct ground water or incinerator
monitoring (See, e.g., 40 CFR 264.99 and-
264.341).

/. Applicability of RCRA Rules for
Recycled or Reclaimed Hazardous
Waste

  EPA recognizes that certain wastes
from wood preserving and surface
protection processes are recycled  or  .
reused at the generating site. For
example* information on waste
management practices collected by EPA
shows, that drippage from wood
preserving, particularly drippage
collected in kick-back areas, is often
recycled back to the process.
Wastewaters generated by inorganic-
wood preserving processes also are
commonly recycled on-site by return
them to the process.
  Secondary materials that are used or
reused directly either as a feedstock or
as an effective substitute for commercial
chemical products are also not
considered to be solid wastes provided
that the reuse is not use constituting
disposal or use as a fuel (See 50 FR 685,
January 4,1985).
  On January 8,1988, EPA proposed
amendments to the Definition of Solid
Waste (see 53 FR 519) regarding
regulation of recycled materials under
Subtitle C or RCRA. These proposed
amendments constituted EPA's response
to a ruling made by a panel of the
District of Columbia Circuit Court of
Appeals in the matter of American
Mining Congress v. EPA,B24 F.2d 1177
(DC Cir. 1987). The amendments propose
to exclude from being solid wastes
certain in-process recycled materials
from the petroleum refining industry and
certain other sludges, by-products, and
spent materials that are reclaimed as
.part of continuous, on-going
manufacturing processes. Under the
proposed amendment, secondary
materials that are reclaimed and
returned to the original processes in
which they were generated are excluded
from Subtitle C regulation if any storage
that occurs before recycling takes place
in tanks and the return process takes
place through a "closed loop" that is
"*  *  * entirely connected with pipes or
other comparable enclosed means of
conveyance" (see 53 FR 529).
   Information available to EPA
regarding the manner in which process
residuals are reclaimed hi wood

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presatvingimd surface protection!"'--
processes indicates that thw» materials- --.
are not typically reused directly. In:
addition, recycling does not take place
in closed-loop systems of the type
anticipated by the proposed
amendment. EPA therefore believes that
most on-site recycling at wood
preserving and surface protection
facilities would not quality for either the
existing or the proposed exclusion.
  Generators should note that, under 40
CRF 281.8 (b) and (c), any recyclable
materials that are hazardous waste are
subject to the applicable requirements of
Parts 282 and 263 (standards for
generators and  transporters of
hazardous wastes, respectively). Storage
of recyclable materials also is subject to
all of the applicable requirements of
Part 264, and generators are required to
comply with the notification
requirements of section 3010 of RCRA
and the requirements of 40 CFR 265.71
and 265.72 for use of the manifest and
manifest discrepancies. While
generation, storage, and transportation
of recyclable materials are regulated the
same as other hazardous waste, the
actual recycling process does not need a
RCRA permit
   Additionally, EPA has previously
promulgated regulations for recyclable
materials that are used in a manner
constituting disposal (see 40 CFR 266.20
 through  268.23) and standards for
hazardous waste burned for energy
 recovery (see 40 CFR 266.30 through
 268.35). Generators should note that, to
 the extent that the wastes proposed for
 listing today are recycled in ways that
 constitute disposal or are burned for
 energy recovery in boilers or industrial
 furnaces that are exempt from
 regulation under Subpart O of Part 264,
 the appropriate standards of Part 266
 apply.
 III. State Authority
 A. Applicability of Rules in Authorized
 Slates
   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
 3008.7003 and 3013 of RCRA, although
 authorized States have primary
 enforcement responsibility.
    Prior to the Hazardous and Solid
 Waste Amendments of 1984 (HSWA), a
 State with final authorization
 administered its hazardous waste
 program entirely in lieu of EPA
 administering the Federal program in  the
State. TneHPederalrequirementrnar- .^iw
longer applied in tha authorized State, •  •
and EPA could not issue permits for any
facilities in the State which the State
was authorized to permit When new,
more stringent Federal requirements
were promulgated or enacted, the State
was obliged to enact equivalent
authority within specified time frames-.
New Federal requirements did not take
effect in an authorized State until the
State adopted the requirements as State .
law, however.
  In contrast, under section 3006(g) of
RCRA, 42 U.S.C. 6926{g), new
requirements and prohibitions imposed
by the HSWA take effect in authorized
States at the time that they take effect in
nonauthorized States. EPA is directed to
carry out those requirements and
prohibitions in authorized States,
including the issuance of permits, until
the State is granted authorization to do
so. While States must still adopt
HSWA-related provisions as State law
to retain final authorization, the HSWA
applies in authorized States in the
interim.
  Certain portions of today's rule are
proposed pursuant to section 3001(e) of
RCRA,  a provision added by HSWA.
Therefore, the Agency is proposing to
add these requirements to Table 1 in 40
CFR 271.1(j),  which identifies the
Federal program requirements that are
promulgated pursuant to HSWA and
that take effect in all States, regardless
of their authorization status. States may
apply for either interim or final
 authorization for the HSWA provisions
 identified in Table 1, as discussed in the
 following section of this preamble.
B. Effect on State Authorization
   As noted previously, certain portions
 of today's rule are being proposed
 pursuant to provisions added by HSWA,
 while others are being proposed
 pursuant to pre-HSWA authority. The
 addition of F032 and F033 to the list of
 hazardous wastes from non-specific
 sources and the equipment cleaning and
 replacement standards for F032 and
 F033 wastes are proposed pursuant to
 section 3001(e) of RCRA, a provision
 added by HSWA. These standard will
 therefore take effect in all States
 (authorized and non-authorized) on the ,
 effective date. Permitting and interim
 status  drip pad standards associated
 with F032 and F033 wastes will take
 effect  on the effective date pursuant to
 40 CFR 264.1(f)(2) and proposed
 § 265.1(c)(4)(iii) (see below). The
 addition of F034 and F035 to the list of
 hazardous wastes from non-specific
 sources and the addition of test methods
 •to Appendix III of Part 261 are not
 immediately effective in authorized
pursuant'tortha HSWA; The permitting-;- •-
and interim status standards for drip-  o"-
pads associated with F034 and F035
wastes will therefore only become
effective in authorized States when F034
and F035 become hazardous waste in
each authorized State and when the
State is authorized for the drip pad
standards.

1. HSWA Provisions
  As noted above, EPA will implement
the addition of F032 and F033 to the list
of hazardous wastes from non-specific
sources (and the standards for
equipment cleaning and replacement)  in
authorized States until the States modify
their programs to adopt these rules and
the modification is approved by EPA.
Because this portion of the rule is
proposed pursuant to HSWA, a State
submitting a program modification may
apply to receive either interim or final
authorization under section 3006{g)(2) or
3006(b), respectively, on the basis of
requirements that are substantially
equivalent to or equivalent to EPA's;
The procedures and schedule for State
program modifications for either interim
or final authorization are described in 40
 CFR 271.21. It should be noted that all
HSWA interim authorizations will
 expire January 1,1993 (see § 271.24(c)).
  40 CFR 271.21(e) requires that States
 having final authorization must modify
 their programs to reflect Federal
 program changes, and must
 subsequently submit the modifications
 to EPA for approval. The deadline by
 which States must modify their
 programs to adopt this proposed
 regulation will be determined by the
 date of promulgation of the final rule  in
 accordance with § 271.21(e)(2). Once
 EPA approves the modification, the
 State requirements become. Sub title C
 RCRA requirements.
   States with authorized RCRA
 programs may already have
 requirements similar to those proposed
 in today's rule. Such State regulations
 have not been assessed against the
 Federal regulations being proposed
 today to determine whether they meet
 the tests for authorization. Thus, a State
 is not authorized to implement their
 regulations as RCRA requirements until
  the State program modification is
  submitted to EPA and approved. Of
  course. States with existing standards
  may continue to administer and enforce
  their standards as a matter of State law.
  In implementing the Federal program,
  EPA will work with States under
  cooperative agreements to minimize
  duplication of efforts. In many cases,
  EPA will be able to defer to the States in

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              Federal Register / Vol.: 53. No, 254 / Friday, December- 30^ 198a / Proposed Rulea.   .    . 53323.
their efforts to implement their programs-
rather than take separate actions under
Federal authority.   ..>•..  .
  States that submit their official
applications for final authorization less
than 12 months after the effective date
of these standards are not required to
include standards equivalent to these
standards in their application. However,
States must modify their programs by
the deadlines set forth in § 271.21(e).
States that submit official applications
for final authorization 12 months after
the effective date of these standards
must include standards equivalent to
these standards in their application. 40
CFR 271.3 sets forth the requirements
States must meet when submitting final
authorization applications.

2. Non-HSWA Provisions

  Other portions of today's proposed
rule will not be effective in authorized
States since  the requirements will not be
imposed pursuant to the Hazardous and
Solid Waste Amendments of 1984. These
portions include the addition of F034
and F035 to the list of wastes from non-
specific sources,  the permitting and
interim standards for drip pads that
handle F034  and  F035 wastes, and the
addition of test methods to 40 CFR Part
261, Appendix III. Just these
requirements will be applicable in those
States that do not have interim or final
authorization. In authorized States,
these requirements will not be
applicable until the States revise their  '
programs to  adopt equivalent
requirements under State law.
  40 CFR 271.21(e)(2) requires that
States that have final authorization must
modify their programs to reflect Federal
program changes and must subsequently
submit the modifications to EPA for
approval. The deadline by which the
States must modify their programs to
adopt this proposed regulation will be
determined by the date of promulgation
of the final rule in accordance with
§ 271.21(e). Once EPA approves the
modification, the State requirements
become Subtitle C RCRA requirements.
  States with authorized RCRA
programs may already have
requirements similar to those proposed
in today's rule. These State regulations
have not been assessed against the
Federal regulations being proposed
today to determine whether they meet
the tests for  authorization. Thus, States
are not authorized to carry out their
regulations as RCRA requirements until
State program modifications are
submitted to EPA and approved. Of
course, States with existing standards
may continue to  administer and enforce
their standards as a matter of State taw.
  States that submit their official-,
application for final authorization less  •
than 12 months after the effective date
of these standards are not required to
include standards equivalent to these
standards in their application. However,
States must modify their programs by
the deadlines set forth in § 271.21(e).
States that  submit official applications
for final authorization 12 months after
the effective date of those standards
must include standards equivalent to
these standards in their applications. 40
CFR 271.3 sets forth the requirements
States must meet when submitting final
authorization applications.

3. Special Provision for Drip Pad
Standards Applicable to F032 and F033
  Under 40 CFR 264.1(f}(2), EPA may
issue permits hi authorized States if the
subject regulated unit was not regulated
under RCRA at the  time of the State's
authorization and the standards for
permitting the unit were promulgated
after the State received final
authorization. At the time that today's
rale is promulgated, EPA will therefore,
under 40 CFR 264.1(f)(2), issue permits
for drip pads used in association with
F032 and F033 wastes in authorized
States.
  Similarly, EPA is proposing to add
§ 265.1(c)(4)(iii) to be able to impose
Federal interim status standards on drip
pads that handle F032 and F033 wastes.
This section, which is an exact corollary
to § 264.1(f)(2], would subject to interim
status standards a waste listed  under
HSWA and therefore hazardous within
the State until the State becomes
authorized for the listed waste and for
the management standards.
  The standards for drip pads as they
apply to F032 and F033 thus  will become
applicable in both .authorized and
unauthorized States upon promulgation.
EPA will not implement the standards
for permitting drip pads as they apply to
F034 and F035 wastes in authorized
States. These standards will become
effective  in authorized States when the
State modifies its program in
accordance with 40 CFR 271.21(e),
presumably at the same time as the F034
and F035 listing become applicable in
authorized  States.
IV. CERCLA Designation and
Reportable Quantities Adjustment
  The wastes proposed to be listed as
hazardous in today's notice  will, on the
effective date of the final rule,
automatically become hazardous
substances under section 101(14) of the
Comprehensive Environmental
Response,. Compensation, and Liability
Act of 1980 (CERCLA), as amended.
CERCLA section 103(a) requires that
persons in charge of vessels or facilities
from which a hazardous substance has
been released in a quantity that is equal
to or greater than its reportable quantity
(RQ) immediately notify the National
Response Center (at (800) 424-8802 or at
(202) 428-2675) of the release.
  Under section 102(b) of CERCLA, new
RCRA hazardous waste listings with
constituents that have not been
previously designated as hazardous
under CERCLA have the statutorily-
imposed RQ of 1 pound unless or until
adjusted by regulation. In order to
coordinate the RCRA and CERCLA
rulemakings with respect to new waste
listing, the Agency today is proposing
regulatory amendments under CERCLA
authority in connection with the
proposed listing of wastes F032, F033,
F034, and F035. The Agency is jointly
proposing with the waste listings to: (1)
Designate wastes F032, F033, F034, and
F035 as hazardous substances under
section 102(a) of CERCLA; and (2) adjust
the RQs of wastes F032, F033, F034, and
F035 based on the application of a
proposed RQ adjustment methodology.
  The Agency is proposing adjustments
from the statutory RQs established
under CERCLA section 102 based upon
the adjustment methodology described
in previous final rules (50 FR13456  .
(April 4,1985), and 51 FR 34534
(September 29,1986)) and a proposed
rule (52 FR 8140, March 16,1987). The
proposed RQs for newly listed
hazardous wastes are based on the RQs
of the hazardous constituents of the
newly listed hazardous wastes
identified under RCRA. Thus, if a newly
listed hazardous waste has only one
constituent of concern, and that
constituent is a  CERCLA hazardous
substance, the waste will have a
proposed RQ that is the same as the RQ
for the constituent (whether statutory or
finally "adjusted). If the hazardous waste
has more than one constituent of
concern and all constituents are
CERCLA hazardous substances, the   •.
lowest RQ assigned to any of the
constituents will be the proposed RQ for
the hazardous waste.
  If the waste has both CERCLA and
non-CERCLA constituents, the proposed
RQ for the waste will be the lowest RQ .
of any of the constituents. The non-
CERCLA constituents will be evaluated
and given an RQ value for the purpose
of adjusting the RQ of the hazardous
waste (however, constituents cannot be
assigned RQs until they are designated
as CERCLA hazardous substances).  If .
the RQ value for any of the non-
CERCLA constituents is lower than the
RQ values for the CERCLA constituents.
the waste will be proposed for

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53314        Federal Register /  VoL 53. No. 251 / Friday, December 3ft 1988 / Proposed Rules
adjustment at this lower level. If the
waste has .onrynon-CERCLA -
constituents the RQ will be proposed for
adjustment at the level-of the lowest RQ
value of any constituent
  EPA Las previously adjusted RQs for
wastes on the basis of hazardous
constituents that are not CERCLA
hazardous substances by attributing an
RQ to such constituents in order to
assign an appropriate RQ to the waste
stream (see 48 FR 23565, May 25,1983).
In other words, the Agency derives  the
RQ for a waste stream based upon the
lowest RQ of all of the hazadous
constituents known to be in the waste,
regardless of whether the constituents
are CERCLA hazardous substances.
EPA is proposing to use tins adjustment
methodology for the waste* proposed
for listing today.The "RQ" developed
for non-CERCLA substan«es is used for
ranking purposes only; no releases of
such constituents need be reported to
the National Response Center.
  The proposed RQs apply to the waste
streams, not just to the CERCLA
hazardous substances. CERCLA does  .
not require persons in charge of vessels
or faculties to analyze wastes to
determine the concentrations of
individual hazardous constituents in a
mixture; however, if a person has
completely analyzed the waste and
determines that the amount released of
each constituent is below its respective
RQ, no notification is required (see 40
CFR 302£{b)). (See also 50 FR 13463
dealing with mixtures of hazardous
substances,) This does not mean that the
hazardous waste*stream trill have an
RQ other than the one listed on Table
302.4 of 40 CFR Part 302 for that
hazardous waste stream. This has been
a source of confusion for  (he regulated
community and will be clarified in
future rulemakings.
  Table 18 lists the proposed RQs for
hazardous wastes that an: proposed to
be designated as CERCLA hazardous -
substances as well as the RQs for each
hazardous constituent of  line hazardous
wastes. Hazardous waste streams F032,
F034, andF035 contain constituents with
RQs oil pound. Therefore, the proposed
RQ for each of these hazardous wastes
is 1 pound. For hazardous waste stream
F033, the lowest RQ for a constituent
with an established RQ is 10 pounds.
There fore, the proposed RQ for waste
stream F033 is 10 pound*.
 TABLE 18.—PROPOSED RQs FOR
CERCLA HAZARDOUS SUBSTANCES
Hazard-
ous
sub-
stsnoo
Wasts
No.
F032.

























Wasta
No.
F033.



















Waste
No.
F034.






_





Waste
No.
F035.


Constituent



Amy^c
Benz (a) anthracene —
Benzo (a) pyrene 	
Chromium.....».~....~~ 	
Dibenz ...
.......................................
^

AMnM^«
Chromium........'.. 	 ........
RQ
(Ibs)
1


1
1
1
1
1

1

1
100
10
1,000
••

"•

• «

• o

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               Federal Register / Vol.. 53; Ncr. 251 / Friday,  December 30.  1988 / Proposed Rules	§3&i§
 Analysis is available in the publiq.  ••,.,
 docket for this proposal. -  ,.-.....• ....  -.

 A; Description ofAffeete&Popalation
 1. The Wood Preserving Industry
   Those facilities in the wood
 preserving industry that use
 chlorophenolic formulations, creosote
 formulations, or inorganic formulations
 containing arsenic and/or chromium are
 subject to the proposed rule. The wood
 preserving industry produces  about 380
 million cubic feet of preserved wood per
 year. Approximately 70 percent of the
 wood preserving production is treated
 with arsenical compounds; the balance
 is treated~with creosote (21 percent) and
 pentachlorophenol (9 percent).
   In 1985,567 plants produced preserved
 wood in the U.S. The American Wood
 Preservers Institute reports that 14
 additional plants have come into
 operation since 1985. Approximately 60
 percent of all wood preserving plants
 are located in the southeast and
 southcentral portions of the U.S. These
 plants account for 64 percent of annual
 U.S. production. Most plants that treat
 with creosote and/or pentachlorophenol
 are more than 25 years old; several
 operating plants are more than 75 years
 old. The  use of inorganic preservatives
 is presently increasing and, as a result,
 most new wood  preserving plants are
 CCA plants. Facilities that treat with
 inorganic preservatives exclusively are,
 on average 10 years old.

 2.' The Surface Protection Industry
   The surface protection industry
 consists  of approximately 6,000
 sawmills. EPA estimates that
 approximately 1,500 sawmills have used
 sodium pentachlorophenate to control
 sapstain; these facilities are subject to
 the proposed rule. Of these 1,500
 sawmills, the Agency estimates that
 approximately 250 to 300 sawmills
 currently use chlorophenolic solutions to
 control sapstain. Sapstain control
 (surface protection) can also be
 accomplished using: fl) Water storage of
 logs, (2) rapid processing, of sawn
 lumber and kiln-drying, or  (3) use of
 chemicals other than sodium
 pentachlorophenate. Surface protection
 facilities that have never used
 chlorophenolic solutions are not subject
 to the proposed rule.

B. Regulatory Assumptions Used in this
Analysis. '
  As described previously, today's
proposed rule would add four wastes.
 from the  wood preserving and surface
protection industries, to the list of .
hazardous wastes from non-specific
 sources. .Each of the hazardous waste
 listings identifies four components:
 wastewaters, process residuals,
 preservative drippage, and discarded
 spent preservative formulations.
 Specific practices required for each
 component under the proposed rule are
 discussed below. These required
 practices form the regulatory basis for
 compliance cost and economic impact
 analysis.

 1. Compliance Practices that Contribute
 to Incremental Costs
  As a result of the proposed rule,
 generators of F032, F033, F034, and F035
 wastes will be required to collect and
 manage treated wood drippage.
 Generators may choose to use tanks or
 surface impoundments, as well as drip
 pads to manage drippage wherever it is
 generated at  wood preserving and
 surface protection facilities, including
 kick-back areas and treated wood
 storage yards. EPA believes that
 because many wood preserving and
 surface protection plants have drip pads
 in kick-back areas and some have
 installed or are installing drip pads in
 treated wood storage yards, most
 generators will choose to maintain drip
 pads throughout their facilities. Drip
 pads are likely to be concrete pads.
 They must have berms that effectively
 prevent off-site migration of drippage
 and drippage residuals. Drip pads will
 likely have drainage systems with a
 sump for collecting drippage and runoff
 mixed with drippage. Drippage will be
 managed either by being disposed of or
 by being recycled.
  Process residuals from plants using
 creosote and  inorganic preservatives are
 assumed to be disposed of and managed
 in permitted RCRA facilities. Process
 residuals from facilities using
 pentachlorophenol are assumed to be
 incinerated in permitted RCRA
 incinerators.
  Unlike wood preserving facilities;
 surface protection facilities may switch
 to alternative chemicals that are not
 hazardous to  comply with the proposed
 rule, and thereby avoid all compliance
 costs except the cost of decontaminating
 their facilities and the incremental cost
 (if any), of using alternative methods to
 achieve sapstain control. Surface
 protection facilities that continue to use
 sodium pentachlorophenate or choose
 not to comply with the equipment
 cleaning and replacement standards
 must manage process residuals as
 Subtitle C hazardous wastes.
  Surface protection facilities that do
not currently  use chlorophenolic .
 solutions, but have used sodium
pentachlorophenate in the past, will be
required to decontaminate their
 facilities to prevent contamination of
 sawed wood, production equipment, and
 wastes with pentachlorophenate
 residuals, or manage their waste in
 accordance with Subtitle C
 requirements. This analysis assumes
 that decontamination will be
 accomplished by solvent rinsing until no
 dioxins or dibenzofurans are detectable.
   Wood preserving and surface
 protection facilities that continue to
 produce wastes subject to the proposed
 rule, but that do not already have RCRA
 permits, will be required to obtain them.
 The Agency has only identified 25 wood
 preserving facilities that do not already
 have a RCRA permit or that will be
 required to obtain a permit and to
 comply, for  the first time, with interim
 status standards. Because RCRA-
 permitted and interim status facilities
 are subject to corrective action
 standards, these newly permitted
 facilities will be subject to corrective
 action as a result of die proposed rule.
 Accordingly, the potential cost of
 corretive action for these facilities is
 attributed to the proposed rule.
 However, corrective action costs for
 those wood  preserving facilities that are
 already permitted or subject to interim
 status standards are attributable to the
 corrective action regulations, and not. to
 this rule.

 2. Compliance Practices That Do Not
 Contribute to Incremental Costs
   Some of the wastes  defined in today's
 proposed rule are already regulated as
 characteristic hazardous waste under
 RCRA. Further, many of the facilities
 affected by today's proposal may
 already generate EPA  waste K001.
 Because wood preserving and surface
 protection plants with these wastes
 already manage tiieir wastes in regular
 units, this analysis does not include the
 costs associated with regulating these
 types of wastes under  the proposed rule.
   For example,  the majority of'
 wastewaters generated by wood
 preserving plants using creosote and
 pentachlorophenol are co-managed with
 K001 wastes in permitted RCRA units.
 Wastewaters from plants using only
 inorganic formulations are generally
 recycled with zero discharge.
 Generation of discarded spent
 preservative formulation is negligible for
 all segements of the wood preserving
 industry. Accordingly, this analysis did
not include the incremental costs and
benefits of managing these wood
preserving waste stream components as
hazardous wastes.
  Surface protection facilities that
currently use chlorophenolic solutions
can curtail generation of listed wastes
by switching to  alternate chemicals or

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53316
Federal Ilegteter / Vol. 53, No. 251 / Friday, December 30, 1988  /  Propoged Rales
method* of sapetaln control and  •
complying witii Ifae eUutdairda far-
equipment cleaning and replacement
This analysis assumea thai: affected
surface protection plants will-
decontaminate their equipment and
switch to didecyl dimethyl ammonium
chloride (DDAC), residuals of which are
not regulated as hazardous waste.
Another option would be to replace
contaminated equipment JBecause the
cost of decontamination is likely to be
less than equipment replacement, this
analysis assumes that in general,
generators will prefer equipment
decontamination to replacement
C, Costs and Economic Impacts

  The cost and economic impact
analysis has three components: (1)
Estimation of compliance costs for
model facilities that represent the
affected Industry; (2) estimation of
national costs of the proposed rule on
the basis of model facility costs: and (3}
an assessment of effects oil prices,
employment, and the regulated.
industries.
1. Facility Costs  of Compliance
  Facility costs were estimated using a
three-step process. First, "model" small,
medium, and large facilities were
developed to represent segments of the
industry expected to have different
compliance costs. Criteria for small,
medium, and large facilities were
developed based on the distribution of
firms by size (i.e., by numbers of
employees) and the aize at which the
adverse economic impacts appear to rise
and fall substantially. Small facilities
were defined to be those having fewer
than 10 employees; medium facilities
were defined as  those having more than
10 and fewer than 20 employees; and
large facilities were defined as those
having more than 20 employees. The
model facilities are described in detail
in the draft Cost and Economic Impact
Analysis. In the  second step of the
analysis, compliance activities were
determined for each of thtt model
facilities and engineering (estimates
were prepared for each activity. Finally,
In the third step of the analyst*, the
resources required to pay for the
compliance practices resulting from the
proposed rule were estimated.
   Individual facility compliance costs
were estimated  based on an analysis of
 the cash flow and vwste management
practices of model plants. Each model
facility is characterized by its annual
                         sales; thessmber of employees, me
                         volume of waste generated, and ite.
                         waste management practices. Both the
                         size (annual pxodncttoa) of a facility and
                         the preservatives used affect the cost of
                         complying with the proposed rote.
                           Compliance coat estimates for each
                         model facility include the cost of
                         managing the residuals described above,
                         plus initial administrative expenses,
                         additional closure costs, and, for four
                         model facilities which represent the
                         estimated 25 facilities that do not
                         currently have RCRA permits and are
                         not subject to interim status standards,
                         corrective action costs.
                           This analysis uses annual revenue
                         requirements to measure the combined
                         effects of different types of incremental
                         costs attributable to the proposed rule.
                         The annual revenue requirement (ARK)
                         is .the additional revenue required fay a
                         facility to cover the incremental costs of
                         compliance with trie proposed rule,
                         assuming that these costs are financed
                         and discounted over a set period of time.
                         A 20-year period and an 11.3 percent
                         nominal discount rate are used in this
                         analysis.
                           Table 17 shows the ARRs for each
                         model wood preserving and surface
                         protection facility. Individual wood
                         preserving facilities are projected to
                         incur total incremental annual costs
                         ranging from $24,000 to $808,000 as a
                         result of the proposed rule. In  general,
                         larger facilities will have higher total
                         costs than small facilities. The ARRs for
                         model facilities subject to corrective
                         action regulations as a result of the,
                         proposed rule are substantially higher
                         than those for similar facilities that are
                         already permitted or currently subject to
                         interim status requirements, because the
                         corrective action costs are substantially
                         higher than compliance costs. The model
                         plant with the highest ARR. $608,000, is
                         a medium-size creosote plant not
                         presently subject to Subtitle C
                         requirements. The Agency believes that
                         there are six creosote plants (five small-
                         and one medium-size) and 19
                         pentachlorophenol plants {18 small- and
                         1 medium-size) that would be subject to
                         corrective action as a result of the
                         proposed rule. Again, for purposes of
                         this analysis, EPA has defined small
                         plants as those with fewer than 1<*
                         employees, medium plants a* those with
                         at least 10 brat fewer than 20 employees,
                         and large plants as those with 20 or
                         more employees.
TABLE  17— ANNUAL  REVENUE  RE-
  QUIREMENT  FOR  MODEL  WOOD
  PRESERVING AND  SURFACE  PRO-
  TECTION  FACILITIES AFFECTED BY
  THE PROPOSED RULE »•*
Model faciMy type (wood
preserving)
Creosote:
SmaH,, 	 	 	
Medium,..,,.., 	 	 	 	
Lar-g9............».«.._.»-...~_».
Pentachtoroplianofc
Small 	 „ 	 	 _
Medium ,™, 	 	 ,.,..
Lfirfj"
Inorganic:
Small 	 	 	 	
Medium 	 	 	 	
Lafgfl.- 	 - 	
Multiple preservatives
(medium we assumed):
Creosote/
pefrtaehtarophcnd — 	
Penfachtorcpnenol/
inorganic-...—.— ..—....- 	
jnofgaflic/croosols
Afl three preservatives 	
Surface protection fadifes
currant)* using pantach-
loraptenatB 12 months a
year*
Small 	 i 	 	 - 	 	
Medum ... 	
4 ifgff 	 , 	 » • ' •
largo Nortftwe*— 	
Surface protection (acuities
currently using pentach-
torophenato 6 months a
yean
Small
Medium...- 	 ......._.... 	 .

Permitted
ARfl
CDoUarsl
24,000
46,000
91.000
30,000
41,000
62,000
25,000
46,000
97,000
104,000
56,000
45.000
127,000
9,000
32,000
100,000
360,000
6,000
18,000
51,000

No
Permit
ARR
rOofiars]
369,000
608,000
N/A
375,000
386,000
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
  i These  costs include engineering, corrective
 action, admmislratwa, and closure costs.
  2 The Annual Revenue Requirement (ARH) shown
 here does not reflect anticipated price increases that
 could offset the net revenue requirements tar model
 facilities.
  » ARRs for surface protection facilities are based
 on switching to * more ejq>ensw» alternative chemi-
 cal, DDAC.
  NOTE.—N/A indicates thai there are  no unpermit-
 ted facilities in  this preservative and facility size
 category.

   Table 17 shows that the ARRs for
 eight model surface protection facilities
 range from $6,000 to $360,000, depending
 on the size of the facility and the
 number of months a year the facility
 uses sapstain-treating chlorophenolic
 solutions. In general, these costs are
 lower than compliance costs for wood
 preserving facilities of comparable size.

 2. National Costs of the Proposed Rule

   a. Methodology. The national costs of
 today's proposed rule were estimated
 using a four-step approach. First, total
 compliance cost* were estimated for
 each model facility type. Next me
 universe of'affected facilities was
 categorized into ^onps based on
 preservatives used and size. Third, for.

-------
              Federal Beggkter / Vbfc S3, No. 251 / Friday, December 30, 1088 A Proposed Rate*
                                                                       53317
each model facility type, pe^facilJty
compliance costs were multiplied by the
number of facilities represented by each
model plant type; Fourth, total coats	
were estimated forthe affected facilities
in the wood preserrag and surface
protection industries by adding the total
costs for each facility category.
  b. Results. The results of this analysis
indicate that the aggregate annualized
cost of the proposed rule to the wood
preserving industry is estimated to be
approximately $43 million (1988 dollars);
The aggregate annualized cost of
compliance for the surface protection
industry is estimated to be
approximately $311 million. The total
estimated cost of compliance with the
rule is approximately $54 million (1988
dollars). Because the aggregate annual
impact of the proposed rule is less than
the $100 million threshold set by
Executive Order 12291, the Agency has
determined that today's rale is not a
major rule.
3..Economic Impact Analysis
  The economic impact analysis
assesses the impact of th§ proposed rule
on: (1) prices. (2) individual segments of
the wood preserving and surface
protection industries (including small
entities), and (3) employment levels. The
methodology used to assess these
impacts is briefly described below.
Readers requiring  a more detailed
understanding are referred to the draft
Cost and Economic Impact Analysis.
  a. Methodology—(1) Price Impacts.
The price of treated wood products can
be expected to change a* a result of the
proposed rule. Incremental potential
price changes for preserved and surface
protected-wood products are estimated
using a three-step methodology. First,
the price increase required to maintain
current profits is calculated for each of
the model facilities. Second, the ability
of each of the model facility categories
to raise the price of their products is
assessed using model plant estimates
and existing market data. Third, the
price of treated wood products is
estimated based on the results of the
first two steps.
  (2) Industry impacts. The economic
impact of the proposed rule on
individual segments of the wood
preserving industry were assessed using
a three-step approach. First, the ratios of
estimated annual compliance costs for
model facilities to sales and pre-tax
profits (following estimated price
increases) were calculated. Second,
these ratios were compared with two
 ecoBonfeiaqMci test criteria. The first
 tea* » whether a model faciMty's
 incremental ARR exceeds one percent of
-annual sales. The second tesUawhether
 a model facflity'srreduction in profits
 exceeds 20 percent of projected pre-tax
 profits. If a model facility is projected to
 exceed both of these ratio thresholds, it
 is considered "significantly" impacted
 by the proposed rule. If a model facility
 is projected to exceed only one of these
 thresholds, it is not considered to be
 "significantly" affected by the proposed
 rule.
   In the third step, the number of actual
 facilities represented by  each of the
 affected model facilities were estimated.
 As part of this process, the number of
 small entities subject to substantial
 economic impacts was estimated.
   (3) Employment impacts. Employment •
 impacts were assumed to result from
 facility closures. Facility  closures are
 difficult to predict for many reasons. For
 example, the Agency does not have
 information on the resources potentially
 available to individual firms that
 operate more than one wood preseving
 facility. The potential for facility
 closures was evaluated by subjecting
 each of the model plants  identified in
 the industry impacts analysis to
 additional financial tests. The first test
 is whether the ratio of the ARR to the
 estimated cash from operations is
 greater than 0.5 for a model facility.  The
 second test is whether the capital
 compliance costs exceed annual
 investment These financial tests were
 designed for the Agency  to assess the
 potential for firm closures as a result of
 implementation of the small quantity
 generator regulations (ICF Inc. and
 DPRA Inc., 1985}. A range of potential
 employment effects, corresponding to
 the range of results of all of the financial
 tests for model facilities,  was developed.
   b. Results—(1) Price impacts. Industry
 data suggest that large facilities are  the
 price leaders in the industry. Because of
 the large market share held" by large
 wood preserving firms, this analysis
 assumes that prices could be  increased
 to cover the estimated incremental
 compliance costs of the large inorganic
 and creosote plants. Thus, the wholesale
 price of creosote-preserved wood would
 rise 3 cents from $7.20 per cubic foot to
 $7.23. The wholesale price of inorganic-
 preserved wood would rise 5 cents from
 $3.97 per cubic foot to $4.02.
   The Agency is not aware of any one
 large facility that uses
 pentachlorophenol exclusively;
 therefore, this analysis assumes that
 medfom-sized plant* are the price
 leaders in this segment and that product
 prices wpuld_risejto_.coyer the
—inereme'nlal costs of medium-sized"	.-.-
 pentachlorophenol plants. The
 wholesale price of pentachlorophenol-
 preserved wood would rise 12 cents
 from $4.84 per cubic foot to $4.96. For a
 number of reasons discussed in the Cost
 and Economic Impact Analysis,
 incremental costs of corrective action
 would not be transferred to customers in
 the form of higher prices. As a result,
 projected price increases will vary by
 the preservative that is used in each
 industry segment.
   In contrast to the wood preserving
 industry, the surface protection industry
 is unlikely to transfer any of its
 incremental costs to consumers in the
 form of higher prices. This is principally
 because most surface protection
 facilities do not need to use any
 chemicals to prevent sapstain, and
 therefore could generally undersell
 facilities that attempted to increase their
 prices to recover incremental regulatory
 costs.
   The price increases described above
 were not considered significant, and
 therefore the proposed rule will not have
 a major impact on prices for consumers.
 or other industries using preserved or ,
 surface protected wood.
   (2) Industry impacts. The, effect of the
 proposed rule on different seginents of
 the wood preserving and surface
 protection industries is examined by
 comparing the projected ARR/Sales
 ratio and the expected reduction in
 profits with the criteria for identifying
 "significantly affected facilities" that
 were presented earlier. ARR/Sa'les and
 revised reduction in profits (in percent)
 for each of the model plants (after
 projected price changes are taken into
 account) are shown in Table 18.
   Table 18 shows that the unpenr.iUed/
 non-interim status model facilities,
 assumed to incur corrective action costs
 as a result of the proposed rule, are
 projected to incur much greater adverse
 economic impacts than the other
 a-ffected facilities. This analysis
 indicates that all small single
 preservative facilities are projected to
 incur significant adverse economic
 effects as a result of the proposed rule.
 Facilities using pentachlorophenoi aione
 seem likely to sustain the greatest
 economic impact of all model facilities
 already subject to Subtitle C
 requirements.

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53318
Federal Register / VoL  53, No. 251  /  Friday. December 30, 1988 / Proposed Rules
     TABLE 18.—ARR/SALES AND REDUCTION IN PROFITS FOR MODEL WOOD PRESERVING AN& SURFACE PROTECTION PLANTS
                                         FOLLOWING EXPECTED PRICE INCREASES
                              •',-..-.    •            [in percent]        	•_	  ..•.-•-.--•   -
Model plant type (wood preserving)
Crtosot*
fjWporr) , , , 	 ,,,,,,, , ,. , . , ,„,„ ,„„„ . „„„„ ,„
( nfTji> . , „ . , „.,„ ,.,.
Ptntftchioropfoenol:
Smflfl n it ,. t |MI|1| i.itt..i _ t , , t.iit 	
Mttftrm • • •. 	
LafQt 1 « • ... ...... ,,..... ............ ...
ISoorgranic ':
SmtH 	 n.. .,....,. , ,„,„.' „.-„„-„„-,-,-,-,-., 	 ,-,— -,-,-
Mwftjm , ..... . „,.,,,-,,-,
(,(^0* ! 	 f 	 (t .... ,,,,,,,r.tl.It. n...r 11
Multiple presarvativex
C/PModkrm* 	 , 	 	 	
P/IModkmi 	 	 .., 	 '. 	
l/CM^fftm „ - -
P/I/C Medium 	 „»*, „ 	 , 	
Suriaca protection facilities (that currently use chlorophenotics 12 months a year):
*>frm3
MddttKn 	 , . .'. t .. ...
I nfjjff 	 Imij , j . ,. , , , .
Vary Ltrgf ,,, ,, , j.,., 	 	 	 ,....,,.,.,..., ,.,,,,.,„,. ,,..,, 	 	 	
Surfica 'protection facttitios (that currarriiy use chlorophenolics 6 months a year):
Small 	 ,,„ 	 _... 	 „ 	 	 	 	 	 	 	 	
M^ftirp - , , ,„ 	 .„,,:, 	 ,f 	 __ 	 	 	 	
LftfQf 	 , , , ,. • .... . . ,
~
Permitted
ARR/sates
1.3
0.6
0.5
3.6
2.3
1.8
2.1
1.6
1.3
1.4
1.3
0.8
1.1
1.5
1.0
1.0
0.9
1.0
0.5
0.5

Facilities
reduction in
profit
37
4
0
52
0
0
38
6
0
4.4
6.4
2.7
1.0
57
22
29
28
39
12
15

Unpermitted
ARR/sales
20
8
N/A
45
22
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
. N/A

Facilities
reduction in
profit
820
130
N/A
1,870
390
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A

   1 Impact based on model Inorganic plants that may have previously used pentachlorophenol. Plants that have never used pentachlorophenol would incur slightly
kswoc Impacts.                                            ...
   * Muttipl* preservative plants were assumed to be medium-sized plants in this analysis.  '
   Not*.—N/A bxBcatos that ad facilities, in  this category have  RCRA permits and would not require corrective action as a  result of the proposed rule.
   Criteria: Modal Plants are "significantly11 affected if: ARR/Sates Exceeds 1% and ARR/Profit Exceeds 20%.
  Table 18 also shows that the small
surface protection model facility that
treats for sapstain control throughout
the year is significantly impacted by the
proposed rule. The Agency estimates
that approximately 50 to 75 small
surface protection facilities use
chlorophenolic solutions to, control
sapstain 12 months, a year, and would
incur signifcant adverse economic
effects as a result of the proposed rule.
  Thus, the proposed rule will
significantly impact all small, single
preservative wood preserving facilities.
Nevertheless, since large, medium and
multiple preservative facilities produce
the overwhelming majority of all types
of preserved wood, the proposed rule is
not expected to have a significant
impact on the wood preserving industry.
Because most sawmill production is not
treated with any sapstain control agent,
the proposed rule is also not expected to
have a significant impact on the
sawmilling industry.
  (3) Employment Impacts. Two
additional tests on model facilities
identified as subject to "significant
adverse impacts" in the Industry Impact
section (above) are used to.hetp assess
the potential for facility closures and
consequent employment impacts. The
capital cost of compliance wait
                         compared with annual investment to
                         assess the potential for incremental  .
                         capital requirements to contribute to
                         firm closures. The annual revenue
                         requirement was compared with the
                         cash from operations to further assess
                         the potential .for incremental revenue
                         requirements to contribute to firm
                         closures. Table 19 shows the results of
                         these tests.
                           Table 19 indicates that the 25 facilities
                         represented by the model facilities
                         incurring  corrective action costs are
                         judged to have a higher likelihood of
                         closure than the other facilities. The
                         number of employees in the 25 actual
                         facilities represented by these model
                         facilities is estimated to be between 150
                         and 200. The potential  employment
                         impacts could thus range as high as 200
                         jobs, if all of the facilities that fail all of
                         these tests close as a result of the
                         proposed rule. Even if that should
                         happen, the balance of the industry is
                         expected to absorb the loss of
                         production from these facilities by
                         expanding production at many other
                         facilities currently operating at less than
                         full capacity. New jobs that may be
                         created at these larger facilities would
                         partially offset the potential
                         employment impact from-possible plant
                         closings. Based on these findings, the
employment impact of the proposed rule
is not considered significant.

   TABLE 19.—ADDITIONAL TESTS FOR
 ECONOMIC IMPACT OF PROPOSED RULE
Model
plants
Small
penta.
Small
creo-
sote.
Small
penta.
Small
creo-
sote.
Medium '
creo-
sote.
Medium
penta.
Small
inor-
ganic.
RCRA status
Permitted 	

Permitted 	


No permit 	

No permit 	


No permit 	


No permit 	

Permitted 	


ARR/
CFO
0.2

0.1


. 3.1

1.3


0.5


1.3

0.1


CCA/AI
9:1

4:1


9:1

4:1,


1.6:1


5:1

6:1


No.
plants
1

23


18

5


1


1

184


 Criteria for Significantly Impacted: ARR/Cash from
Operations (CFO) > 0.5 or Compliance Capital Cost/
Annual Investment (CCC/AI)> 1:1.

4. Limitations

 •. An important limitation on the  '
analysis of potential employment effects
is the absence of information on firm
assets. If firms have additional

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               Federal Register / Vol. 53, No. 251 / Friday, December 30, 1988 / Proposed Rules
 resources that can be used to help cover
 compliance costs, tlhis analysis may
 overestimate the potential economic
 impact of die proposed rale. The Agency
 requests additional information on the
 financial status of the wood preserving
 industry to refine it* analysis of
 employment effects.
   The economic impact analysis
 described above does not take into
 account the effects Hat other
 regulations may have on the economic
 performance of regulated entities. For
 example, corrective action costs for
 firms that already generate and manage
 K001 waste, are not an incremental cost
 of today's proposed rate, but may
 adversely impact the economic
 performance of the industries. Many
 facilities that generate K001 could incur
 corrective action costs at the same time
 as they incur costs associated with
 today's proposed rule. The economic
 impact of corrective action on these
 firms could be substantial. The
 cumulative effect of these and other
 rules is outside the scope of the draft
 Cost and Economic Impact Analysis.

 VI. Regulatory Ffex&ilirjr Analysis
   The Agency is required, under the
 regulatory Flexibility Act {KFAJ. to
 assess whether a substantial number of
 small businesses are significantly
. affected by a proposed rule. EPA
 determines whether a rule wiH have a
 "significant economic effect" on small
 entities based on: The ratio of
 incremental compliance costs to the
 value of sales, the ratio of compliance
 costs to profits, and the number of
 facility closures mat could result from
 the proposed rate. Based on EPA's
 guidelines for conducting Regulatory
 Flexibility Analyses {RFAsJ, a
 "substantial number" of small entities
 was defined to be 20 percent or more of
 the small businesses  m the regulated
 industry.
   The wood preserving industry is
 characterized by the presence of many
 small companies. Approximately 45
 percent of the companies in the wood
 preserving industry have fewer than 1O
 employees* approximately 29 percent
 have beenlOartdiS^mployees. and
 only approximately 35 percent have 20
 or more employees, m 1982, nearly 80
 percent of the approximately 6,000
 domestic sawmills had fewer than 1O
 employees. Fifteen percent of these
.facilities had been ten and 19
 percent of the sawmills bad 2O or mere
               _
  EPA gsidaace for camp&Hjce with the
 UFA prorates the^Ageacy-. wish some
 ftodbttrty m selecting * quantitative ort-
 accordance with Agency guidance, EPA
 based its small entity definition on the
 distribution of firms by size in the
 affected industries, and the size at
 .which the adverse economic impacts
 appear to rise or fall substantially
 (USEPA, 1982). As discussed below,
 EPA has examined several possible
 definitions for small businesses for
 purposes erf the regulatory flexibility
 analysis and has consulted with the
 Small Business Administration
 concerning these definitions. The
 Agency specifically requests comments
 on the alternatives evaluated (or any
 others) for defining small buSmess
 entities in the wood preserving and
 surface protection industries.
   In accordance with the.Reguiatory
 Flexibility Act (RFA), the Agency
 undertook a preliminary analysis to
 determine whether the proposed rule
 will cause a significant impact on small .
 businesses. This analysis has two
 principal components: (1) Determining
 whether any small business segments
 would incur significant impacts as a
 result of the rule, and (2) determining
 whether a significant number of small
 businesses would sustain a significant
 economic impact.* The analysis
 indicates that, based on the Agency's
 guidelines for Regulatory Flexibility
 Analysis, today's rule will significantly
 affect a substantial Bomber of small
 entities in the wood preserving and
 surface protection industry.
 A Methodology
   The first component of the RFA
 analysis is based on the financial
 performance criteria used in the
 Economic Impact Analysis reported
 above, and additional guidance
 provided in the Regulatory Flexibility
 Act and EPA policies on implementation
 of the RFA (Russell. 1382).
   Second, the number of small- entities
 projected to incur significant impacts
 was estimated by assuming that the
 distribution of small entities within the
 impacted industry segments is similar to
 the distribution of smaU entities in the
 regulated industries. Readers requiring a
 more detailed explanalionbf the
 methodology that was used are referred
 to the .Cost and Economic Impact
 Analysis.
 B. Results
   The Industry Impact Analysis,
 provided previously, indicates that small
 wood preserving facilities using
 pentachmrophenol are expected to incur
 the-greatestmh'erseecoTtojnicTmpacts
  * For thiaauafyairtMiaittws&esteciBtiie wood
-prewHVfcgamJ sajwnfltlnjf hiduoWea wen^iefutn!
~as4h
-------
 53320 '      Federal  Register / Vol. 53.  No.. 251:7 Friday, December 30, 1988. / Proposed Rules
 solicits-comments on the besfcapproach
 to defining small businesseKriThe: --
 Agency is evaluating whethei: it is-
 preferable to establish a small! business
 cut-off based on an annual sales
 threshold or on number of employees..
 The goal of the annual sales threshold is
 to establish a true "economic"
 threshold; however, data upon which to
 establish such a threshold are not
 readily available. If alternative
 regulatory options were made available
 to small businesses, an  employee-based
 cut-off has clear implications because it
 may create incentives for firrns to lay-off-
 employees in order to avoid compliance-
 with regulatory standards. However,
 data on number of employees are more
 readily available. A secondary issue the
 Agency is considering is whether to
 establish thresholds for defining  small
 businesses for the entire wood
 preserving industry, or whether to
 establish separate thresholds for
 specific sectors.
   EPA conducted the option analysis in
 order to fulfill its obligation under the   "
 Regulatory Flexibility Act Two of the
 options examined involve'exempting
 certain small business entities from the
 requirements for operating hazardous
 waste drip  pads in treated wood stprage
 yards. These options were selected for
 examination because available
 information on waste management
 practices shows that most wood '
 preserving and surface  protection
 facilities already have drip pads in kick-
 back areas. Most do not have drip pads
 in treated wood storage yards.
 Moreover,  treated wood storage yards
 are quite large (many acres) at most
 facilities. EPA therefore concluded that
 installation of drip pads in treated wood
 storage yards would account for a large
 portion of the compliance costs.  The
 Agency notes that under RCRA, EPA
  does not normally make regulatory
  decisions on the basis of economic
  considerations. EPA therefore believes
  that options providing  exemptions from
  certain requirements for small business .
  entities in  this case would be
  inconsistent with its statutory mandate
  under RCRA. As an alternative, EPA
  considered using a risk-based
  determination in conjunction with an
  exemption for small businesses. Under
  such an option the exemption would be
  granted based on a consideration of the
  relative hazard posed by an individual
  facility.
    Of the remaining options; two involve
" ' a delay in the effective date of the  .
 - regulation's and the third involves no
  special provisions for small businesses.
  All six options are discussed-briefly
  belowl  .    »
  Option 1- is full application of the
proposed rule to all wood preserving
and surface protection plants, regardless
of size. Because this option has the same
requirements for all wood preserving
facilities, it will provide the greatest
environmental benefits. However, this
option is expected to cause adverse
economic impacts for more small, single
preservative wood preserving firms than
the other regulatory options. Option 1 is
consistent with EPA's RCRA mandate.
   Option 2 involves allowing all small
wood preserving and surface protection
facilities to comply with the proposed
rule on a delayed schedule. Under this
option, small businesses would be
allowed up to 5 years following the
effective date of the rules to come into
compliance. Although this option does
not reduce the economic impact of the
rules,-EPA believes that the delay may
provide time for small businesses to
investigate a variety of compliance
options1 and to seek any financial
assistance required to fund compliance
expenditures. Option 2 is also consistent
with RCRA..
   Option 3 involves allowing small
businesses up to 10 years following the
effective date of the rules to come into,
compliance. This option would provide
an even longer period of time to
investigate and select compliance
alternatives; EPA believes that this 10-
year period may be sufficient to allow
for developing technological changes or
chemical changes to the wood
preserving process that may affect
 compliance costs. Option 3 is consistent
 with RCRA.
   Option 4 would permit firms that use
 only arsenical' formulations to obtain an
 exemption from the proposed
 requirement for operating drip pads in
 treated wood storage yards if they met
 the definition of small businesses. The
 agency is considering two approaches to
 defining small businesses under this
 option. The definition would apply
 either ta firms with an annual sales of
 less than $1,170,000 per year, the
 estimated annual sales level
 corresponding to the small model
 arsenic facility developed in the Cost
 and Economic Impact Analysis; or to
 firms with less than seven employees,
 the size of many small facilities that
 exclusively use arsenic. Option 4 is
 inconsistent with EPA's authority under
 RCRA.
   Option 5 would permit any small
 wood preserving firm to obtain an ,
. exemption from the proposed   ,
 requirements for operating drip pads in
 treated wood storage yards. Option 5  is
 also inconsistent with EPA'a authority
 under RCRA.
  Option 6 would allow small
businesses to apply to EPA for ari  ;
exemption based on a demonstration
that the quantities of drippage generated
at an individual facility do not exceed
an established de minimis level. Under
this option, the Agency would need to
develop guidance concerning the
establishment of de minimis levels,
taking into consideration the constituent
concentrations in drippage, the size of
wood storage yards, the quantities and
rates of treated wood production, and a
variety of other site-specific factors.
While this option has the advantage of
being consistent with EPA's RCRA
authority, it also has significant
disadvantages. EPA would need to
conduct studies to develop methods for
evaluating drippage rates and
establishing de minimis levels:
Additionally because the determination
would be site-specific, the cost of
developing the information required to
support an exemption may be
prohibitive to small-businesses.
   There are a number of approaches
that can be taken to define small
businesses under Options 2, 3, 5, and 6.
Approaches based on annual sales are
briefly noted below:
   a. An annual sales level of $1,230,000,
which is the weighted average of sales,
• for the proportion of small model plants
that use each preservative.
   b. Annual sales of less than $4,000,000,
which would encompass about, 65
 percent of the industry.
   c. An annual sales level for small
 plants and for those using the specific
 preservatives, i.e., creosote firms with
 annual sales less than $1,800,000,
 pentachlorophenol.firms with annual
 sales less than $810,000 and arsenical
 firms with annual sales less than
 $1,170,000.
   d. An annual sales level less than the
 sales level at which firms are projected
 to meet the criteria for incurring
 significant adverse economic impacts.
 Assuming that the economic impact
 criteria, ARR/Sales and ARR/Pretax
 Profits, are linearly related to the
 number of employees at a firm,  the cut-
 off sales levels (at which significant
 economic impacts are accrued in each
 segm§nt) would be $3.8 million for firms
 using creosote, $1.4 million for firms
 using pentachlorophenol, and $2.0
 million for firms using arsenic.
    There  are a number of factors to
 consider in evaluating these approaches.
 The first two approaches are easier to
 implement—they involve only one cut-
 off for the whole industry. The third and
 fourth  approaches more reasonably take
 into account differences in average size
 and .profitability between the three

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               Federal Register / Vol. 53, No: 251 / Friday.  December 30,-1988 / Proposed-Rules
                                                                       53323
 segments of the wood preserving
 industry. In particular, the fourth
 approach would more equitably confer
 relief to specific segments of the
 industry at the point that they incur
 adverse economic impacts. However,
 this approach would also result in larger
 creosote facilities being eligible for an
 exemption than with the other
 regulatory options.
  The Agency is also considering (solely
 for meeting the requirements of the
 Regulatory Flexibility Act) an employee-
 based cut-off to defining small business.
 For the most part, these options parallel
 those for annual sales thresholds and
 are described below:
  a. Finns with ten or fewer employees.
  b. Firms with twenty or fewer
 employees, which would encompass
 about 65 percent of the industry.
  c. Firms with fewer employees than
 the number of employees in the
 applicable model plant in the Cost and
 Economic Impact Analysis, i.e., creosote
 firms with fewer than ten employees,
 pentachlorophenol firms with fewer
 than eight employees, and arsenic firms
 with fewer than seven employees would
 be eligible for relief.
  d. Firms with fewer employees than
 the number of employees at model
 facilities estimated to have economic
 impacts; i.e., creosote firms with fewer
 than 19 employees, pentachlorophenol
 firms with fewer than 12 employees, and
 arsenic firms with fewer than ten
 employees.
  e. Firms with fewer than 500
 employees, an exemption based on the
 Small Business Admiristration'(SBA)
 definition of small business for the wood
 preserving industry (500 employees).
The SBA definition is based on the size
 (in number of employees) at which firms
can alter the price of preserved wood.
This approach would result in over 99
percent of the firms in the industry being
eligible for the exemption. This
•approach does not take into account
differences in the typical size of firms in
each segment of the industry; nor does it
take into account differences in the
significance of the economic impacts
 that may accure to firms in different
segments as a result of the proposed
rule.
  Similar considerations to those noted
for  the different sales thresholds also
apply to approaches based on number of
employees. The major exception is that
an employee-based cut-off may create
incentives to lay off employees. The
Agency solicits comment on all the
approaches described above or any
others that may be more appropriate.
  As noted previously. EPA believes
that only Options 1,2,. 3, and 6 are
consistent with its RCRA mandate and
 therefore represent feasible regulatory
 options. As a result, the Agency
 anticipates that the only relief it can
 provide to small businesses is a delay in
 the effective date of the requirements for
 drip pads in treated wood storage yards.
 The Agency solicits comments on the
 options presented here and on any other
 options.
   Based on a more detailed analysis of
 these options and on comments
 received, the Agency will continue to
 evaluate the impacts on the wood
 preserving industry.

 VII. Paperwork Reduction Act

   The reporting, notification, or
 recordkeeping (information) provisions
 in this rule will be submitted for
 approval to the Office of Management
 and Budget (OMB) under section 3504(b)
 of the Paperwork Reduction Act of 1980,
 U.S.C. 3501 et seq. Any final rule will
 explain how its reporting, notification,
 or recordkeeping provisions respond, to
 any OMB or public comments.

 VIII. Compliance Procedures and
 Deadlines

 A. Section 3010 Notification

  Not later than 90 days from
 publication of the rule finalizing these
 listings, all persons who generate,
 transport, treat, store, or dispose of
 waste which are covered by today's
 proposed regulation will be required to
 notify EPA (for F032 and F033 wastes) or
 either EPA or a State authorized by EPA
 to operate the hazards waste program
 (for F034 or F035 wastes) of their
 activities pursuant to section 3010 of
 RCRA. Persons who previously have
 notified EPA or an authorized State that
 they generate, transport, treat, store, or
 dispose of hazardous wastes and have
 received an identification number (see
 40 CFR 262.12, 263.11, and 265.11) need
 not re-notify. Notification instructions
 are set forth in 45 FR 12746, February 26,
 1980, Persons without EPA identification
 numbers are prohibited from generating,
 transporting, treating, storing, or
 disposing of hazardous wastes.
  The Agency views the section 3010
 notification requirement to be necessary
 in this case because it is believed that
 many persons that manage the wastes
 proposed for listing today have not
previously notified EPA and received an
EPA identification number.3   •       :
  5 Under Solid Waste Disposal Amendments of
1980. (Pub. L. 9&-4S2) EPA was given the option of
waiving the notification requirement'under section
3010 of RCRA following revision of the section 30O1
regulations, at the discretion of the Administrator.
Notification is-not being waived in this case.
 B. Compliance Dates

 1. F032 and F033

   Because HSWA requirements are
 applicable in authorized States at the
 same time as in unauthorized states,
 EPA will regulate F032 and F033 until
 States are authorized to regulate these
 wastes. Thus, once these regulations
 become effective in a final Agency rule,
 EPA will apply those Federal regulations
 to these wastes and to their
 management in both authorized and
 unauthorized States. Facilities that treat,
 store, or dispose of F032 and F033, 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 under
 HSWA (see section 3005(e)(l)(A)(iiJ of
 RCRA, as amended). In order to operate
 pursuant to interim status, the eligible
 facilities will be required to submit a
 section 3010 notice pursuant to 40 CFR
 270.70(a) within 90 days from the
 publication of the rule finalizing these
 listings, and will be required to submit a
 Part A permit application within 6
 months of such publication.
  Under section 3005(e)(3), within 18
 months of such publication, land
 disposal facilities qualifying for interim
 status under section 3005 (e)(l)(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 responsibility 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
 F032 and F033 and that are currently
 operating pursuant to interim status
 under section 3005(e) of RCRA, will be
 required to file with EPA an amended
 Part A permit application within 6
 months of such publication. •
  Under current regulations, a
 hazardous waste management facility
 that has received a permit pursuant to
 section 3005 would not be able to treat,
 store, or dispose of F032 and F033 until a
 permit modification allowing such
 activity is approved in accordance with
 § 270.42. Note that EPA has recently
 amended the permit modification
 requirements for newly listed or
 identified wastes. See 53 FR 37912 et
seq. (September 28,1988),
 2. F034 and F035               •>

  a. Interim states in unauthorized
states. Facilities that treat, store, or
 dispose of F034 and F035 wastes in
unauthorized States, but that have not
received a permit pursuant to section

-------
 53322        Federal Register / Vofc 53. No. 251 / Friday. December 30. 1988 / Proposed Rules
 3005 of RCRA and are not operatiag--
 pursuant to Interim status, might be
 eligible for interim status under HSWA
 (see section 3005(e)(l){A)fli) of RCRA.
 as amended). In order to operate
 pursuant to interim status,.th(S eligible
 facilities will be required to submit a
 section 3010 notice pursuant to 40 CFR
 270.70(a) within 90 days from the
  Subllcation of the rule finalizing these
  stings, and to submit a Part A permit
 application within 6 months of such
 publication.  Within 18 months of such
 publication,  under section 3005(e){3}.
 land disposal facilities qualifying for
 interim status under section
 3005(e)(l)(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 responsibility
 requirements. If the facility fails to do
 so,  interim status will terminate on that
 date.
   All existing hazardous waiste
 management facilities (as defined in 40
 CFR 270.2) that treat, store, cr dispose of
 F034 and F035 and that are currently
 operating pursuant to interim status
 under section 3005(e) of RCRA, will be
 required to file with EPA an amended
 Part A permit application witioin 6
• months of such publication.
   Under current regulations, a
 hazardous waste management facility
 that has received a permit pursuant to
 section 3005 would not be able to treat,
 store, or dispose of F034 and F035 until a
 permit modification allowing such
 activity were approved in accordance
 with  § 270.42. Note that EPA has
 recently finalized amendments to the
 permit modification requirements for
 newly listed or identified wastes. See 53
 FR 37912 et seq. (September 28,1988).
    b. Interim status in authorized'states.
 Until a State is authorized to regulate
 F034 and F035 (i.e., until F034 and F035
 become hazardous waste under
  authorized  State law), no permit
  requirements would apply and facilities
  would not need to seek RCRA interim
  status or a  RCRA permit Any facility
  treating, storing or disposing of these
  wastes on or before the effective date of
  authorization of the State to regulate
  these wastes under RCRA might qualify
  for interim status under applicable State
  law. Note that in order to be no less  •
  stringent than the Federal program, the
  State "in existence" date for
  determining interim status eligibility
  could not be after the effective date of
  EPA's authorization of the State to
  regulate these wastes. Any eligible
  existing facility also would be required
  to provide the required 3010 notification
  as described above and to provide the.
State's equivalent of a Part A permit
application-as required by authorized   •
State law.
  Finally, RCRA section 3005(e)[3) or
any authorized State analog would
apply to land disposal facilities
qualifying for State interim status.

3. Drip Pad Permitting and Interim
Status Standards

  a. Unauthorized states. The drip pad
standards would apply in unauthorized
States as of the effective date of EPA's
final rule adopting these standards. The
effective date for small businesses will
depend on which, if any, of the
regulatory options, discussed above in
Section VLB, is chosen.
   b. Authorized states. The standards
for permitting drip pads associated with
F032 and F033 wastes would be
 applicable in authorized States in
 accordance with 40 CFR 264.1(f)(2) and
proposed 5 265.1(c)(4)(iii), as discussed
 previously. The standards, as they apply
 to F034 and F035 wastes, would not
 apply after Agency publication of     I
 rule, until the State is authorized to
 regulate these wastes as hazardous (and
 presumably to implement the drip pad
 requirements). States could not obtain
 authorization for these requirements
 prior to the effective  date of EPA's
• regulations, which, for small businesses,
 will depend on the adoption of
 regulatory options specified in Section
 VLB. However, States may impose
 requirements that are more stringent or
 broader in scope than EPA's regulations;
 States may choose to impose such
 standards prior to authorization as a
 matter of State law.

 4. Application of Phasing of Regulations

    If EPA selects to phase
 implementation in regard to small
 business entities and the Regulatory
 Flexibility Act, EPA will authorize
 States choosing not to delay regulation
 of small businesses but will make the
 effective date of authorization as it
 applies to small businesses consistent
 with the schedule selected for the
 Federal program.

  List of. Subjects

  40 CFR Part 260

    Administrative practice and
  procedure.  Confidential business
  information, Hazardous materials,
  Recycling, Reporting and recordkeeping,
  Waste treatment and disposal.

  40 CFR Part 261

    Hazardous materials. Waste
  treatment and disposal, Recycling.
40 CFR Part 28Z

  Administrative practice and
procedures, Hazardous materials.
Reporting and recordkeeping,

40 CFR Part 264

  Hazardous materials, Packing and
containers. Reporting requirements,
Security measures. Surety bonds, Waste
treatment and disposal.

40 CFR Part 265

  Air pollution control, Hazardous
materials, Packaging and containers.
Reporting requirements. Security
measures. Surety bonds, Waste
treatment and disposal. Water supply.

40 CFR Part 270

  Administrative practice and
procedures, Air pollution control.
Hazardous materials, Reporting
requirements, Waste treatment and     -.
disposal. Water pollution control, Water
supply, Confidential Business
Information.

40 CFR Part 271

   Administrative practice and
procedure. Confidential Business
Information, Hazardous materials
 transportation. Hazardous waste, Indian
 lands. Intergovernmental relations.
 Penalties, Reporting and recordkeeping
 requirements. Water pollution control.
 Water supply.

 40 CFR Part 302

   Air pollution control. Chemicals,
 Hazardous materials.  Hazardous
 materials transportation, Hazardous
 substances. Intergovernmental relations,
 Natural resources. Nuclear materials.
 Pesticides and pests, Radioactive
 materials, Reporting and recordkeeping
 requirements, Superfund. Waste
 treatment and disposal, Water pollution
 control.
 Lee Thomas,
 Administrator.
 Date: December 23,1988.

 IX. References

   Risk Assessment Forum. Interim
 Procedures for Estimating Risks Associated
 with Exposures to Mixtures of Chlorinated
 Dibenzo-p-Dioxins and -Dibenzo-furans
 (CDDs andCDFs). Washington, DC: U.S.
 'Environmental Protection Agency, 1986. EPA/
 625/3-87/012.
   Micklewfight, James T. Wood Statistics,
 1985, A Report to the  Wood Preserving
 Industry in the United States. American
 Wood Preservers' Institute, January, 1987.
   .Development Planning and Research
  Associates, Inc. (DPRAJ. Draft Final
 Preliminary Cost and Economic Impact
 Analysis of Listing Hazardous Wastes Under
  RCRA for the Wood Preserving and

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                 Federal Register / Vol. 53. No, 251 /  Friday.  December 3O, 1988 /  Proposed Rules  -	53323
 Sawmilling Industries. Prepared for
 Economic Analysis Branch. Office of Solid
 Waste, U.S. Environmental Protection
 Agency, November, 1986.
   Development Planning and Research
 Associates, Inc. (DPRA). Draft Regulatory
 Impact Analysis for the Listing of Certain
 Wood Preserving and Sawmilling Industry
 Wastes as Hazardous Under RCRA.
 Prepared for Economics Analysis Branch,
 Office of Solid Waste, U.S. Environmental
 Protection Agency, "August, 1988.
   U.S. Environmental Protection Agency
 (USEPA). Final Engineering Analysis of
 Wastes from Wood Preservation and Surface
 Protection Processes. Prepared for Waste
 Characterization Branch, Office of Solid
 Waste, July, 1987.
   Arsenault,.R.D. Pentachlorophenol and
 Contaminated Chlorinated Dibenzodioxins in
 the Environment. Proceedings of the
 American Wood Preservers' Association. Vol.
 78. Page 1,1976.
   U.S. Environmental Protection Agency
 (USEPA]. Test Methods for Evaluating Solid
 Waste. Volume IA: Laboratory Manual
 Physical/Chemical Methods. Washington,
 DC: Office of Solid Waste and Emergency
 Response. November, 1986, 3rd Edition.
   Palmer, Frank. Environmental Residues—
 California, Draft Report. 1986.
   McConhell, E.E., DVM, Chemical Manager,
 NTP Technical Report on the Toxicology and
 Carcinogenisis Studies of Pentachlorophenol
 (CAS No. 87-88-5) in  B6C3F1 Mice. Peer
 Review Draft. National Toxicology Program.
 Research Triangle Park, North Carolina.
 April, 1988. NTP TR 349.
   Ratcliff. L. March 1988. Summary of
 CRAVE Work Group  Verified Carcinogenic
 Slope Factors and Unit Cancer Risks. USEPA.
   Lindenheim, Victor. Personal
 Communication with  Edwin F. Abrams,
 Office of Solid Waste. U.S. Environmental
 Protection Agency regarding AWPI Survey,
 1987.
   Russell, Milton. Additional Guidance on
 Implementation of the Regulatory Flexibility
 Act. U.S. EPA, Office  of General Counsel,
 1982.
   AWPI Letter to Dr.  John H. Skinner (Past
 Director, EPA's Office of Solid Waste).
 Walter G. Talarek, AWPI, January 10.1985.
   Litt, Bertram D. Pentachlorophenol
 Carcinogenicity Risk Issue: Comparison of
 Findings from NTP Bioassay ofPCP with NCI
 Bioassay ofHxCDD. for Vulcan Materials
 Company. May 18,1988. Washington, DC.
   U.S. E.P.A. Health and Environmental
 Effects Profile for Benzo(k)fluoranthene.
 August, 1987.
   DPRA Incorporated; Preliminary Cost and
 Economic Impact Analysis for Listing Wood
 Preserving Waste. August, 1988b.
   U.S. E.P.A. EPA Implementation of the
 Regulatory Flexibility Act. February 9,1982.
   ICE Inc; and DPRA  Inc. Economic Analysis
 :of Resource- Conservation and Recovery Act
 Reguiohs.for Small Quantity" Generators.
 •June, 1985.:  ,  ,
   Russell, Milton. Additional Guidance on
, Implementation of the Regulatory Flexibility
 Act. 1962-     .      .
Appendix—Environmental
Contamination from Wood Preserving
and Surface, Protection Wastes

  Past mismanagement of the wastes listed in
today's notice (F02, F033, F034, and F035) has
resulted in significant environmental damage
which the Agency has documented
extensively. As shown in Table 20, a total of
36 wood preserving and surface protection
facilities representing all of the proposed
listings are on the National Priority List.
  The following examples typify the many
cases that EPA has identified regarding
environmental contamination. They
demonstrate that wastes from wood
preserving and surface protection processes
are capable of persisting and moving in the
environment to reach environmental
receptors in potentially harmful
concentrations. The Background Document to
today's proposal contains further examples of
damage cases.

A. Environmental Contamination with
Wastes from Pentachlorophenol Wood
Preserving Processes
  At a facility located in southwestern
Montana (that is included on the National
Priorities List (NPL)) poles were pressure.
treated with Pentachlorophenol dissolved in
diesel oil. Untreated retort condensate was
discharged through an unlined ditch to an
unlined pit. Ground water approximately 15
feet below the surface has been found to be
contaminated with a floating oil layer that
contains 650 ppm pentachlorophenol and 200
ppb 2,3,7,8-TCDD toxic equivalents. This
ground water is hydraulically connected to a
creek 0.4 miles downgradient from the site.
Approximately 49,000 gallons of oil has been
recovered from interceptor trenches and
recovery wells. The total 2,3,7,8-TCDD toxic
equivalent concentration of the recovered oil
was 700 ppb. Soils in the process area were
contaminated at a depth of 12 to 24 inches
with pentachlorophenol (5,250 ppm) and
PCDDs and PDCFs (total 2,3,7,8-TCDD
equivalent concentration was 20 ppb). Off-
site soils were also contaminated,
presumably by runoff carrying drippage from
contaminated surface soils. Off-site surface
soils contained a total 2,3,7,8-TCDD
equivalent concentration of 26 ppb. This case
clearly demonstrates that unless properly .
managed on-site, ground water and soil
contamination can result from the wastes
generated from wood preserving processes
using pentachlorophenol.  .
  Contamination of residential drinking
water wells with pentachlorophenol, FCDDs,
and PCDFs has also been demonstrated at a
50 acre site in southern Montana. Wood
preserving operations at this facility began in
the late 1940s. Pentachlorophenol dissolved
in oil was applied to wood by pressure and
non-pressure methods (the site was added to
the NPL in 1984). In the past, the facility
discharged pentachlorophenol-contaminated
ground water to an adjacent creek through a
ditch. Soils and shallow ground water were
contaminated via leaking pipes and a:
deteriorated wastewater sump. Two •
contaminant plumes have been identified.
The first'plume consists of pentachlorophenol
dissolved in oil that floats on top of the water
table. This plume oozed from the ground in a
pasture downgradient from the facility There
is also a plume of pentachlorophenoi
dissolved in ground Water that has
contaminated two drinking water wells on
neighboring property with PCDDs and
PCDFs. One well contained 0.8 ppt and the
other 2 ppt total 2,3,7,8-TCDD toxic
equivalents.

B. Environmental Contamination with
Wastes from Pentachlorophenate Surface
Protection Processes
  During 1986 and 1987, Environment Canada
conducted a 4-month field study at five
sawmills and two lumber export terminals
(Krahn, Shrimpton, and Glue, 1987). The
object of the study was to measure the extent
to which rainfall could be contaminated with
chlorophenols leached from treated lumber.
The studied sites represented typical lumber
handling and treatment methods including
dip tanks and low pressure and high pressure
spray systems. Leachate dripping directly
from the wood and yard was  analyzed for
2,3,4,6-tetrachlorophenol and
pentachlorophenol.
  It was found that leaching from treated
lumber began' after 1.0 to 1.5 mm of
continuous rainfall. Dip treated-lumber
leached up to 160 mg/1 and generated
drippage averaging 0.3 to 0.5 mg/1 total •
chlorophenols. Low pressure sprayed lumber
leached up to 580 mg/1 total chlorophenols.
High pressure sprayed lumber leached up to
9.8 mg/1 and generated average yard runoff
with up Jo 2 mg/1 total chlorophenols.
Chlorophenols were found to  leach from.
treated lumber under all conditions of
exposure to rainfall. Conditions studied
included up to 8 days of drying, 13
consecutive days of rainfall and 18 days of  .
alternating wet and dry periods. This study
documents that drippage of preservative
formulation from surface protected wood and
preservative is washed off treated wood by
precipitation, and, thus, can migrate into the '
environment.
  A sawmill located in northwest Oregon
documents the contamination of on-site soils,
ground water, and surface water sediments
with chlorophenols. PCDDs, and PCDFs. In
1983, the Oregon Department  of
Environmental Quality detected
chlorophenols in water samples collected
near the mill. The chlorophenols apparently
derived from the application of an anti-
sapstain (surface protection) solution
containing tetruchlorophenol and
pentachlorophenol to lumber intended for'
export. At this mill, a continuous processing
line is used to dip-treat, cut lumber. A roller
system moves bundles of lumber to the dip  .
tank, the wood is submerged for less than a
minute, then allowed to drip into the dip tank
for a few minutes. Next, excess preservative
is mechanically shaken off the lumber and
the wood transported to a storage yard.
  Soil samples collected  in 1983 from the dip
tank area were found to contain 940 ppm
total chlorophenols (pentachlorophenol plus
tetrachlorophenols) at the surface. In the path
over which the treated lumber was
transported to the storage yard, the total
chlorophenols concentration was 2,520 ppm

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53324-"       Federal Rfegjsfer /  Vbk 53, Nbv 2SEf Friday^ Deceg&efr 3% 1988* /
at a depth offt to 8 Inches. So3.fa»tbft treated
wood storage yard was also contaminated.
At a depth of throe feet thn total chlorpphenol.
concentration was 1.4 ppm.
  Drainage front the dip tank area ty an on-
slto creek contained 0.3 ppm- ••;;
pentachlorophenol. Gronnd watemear the
dip tank was found to contain 0.1 ppm total
chlorophcnoli demonstrating that diips and
spills from surface protection processes can
contaminate surface water and ground water.
  Samples collected during 1985 were
analyzed for PCDDa and PCDFs as well as
chlofophenols. Sediment collected from the
on-site creek near the dip tank contained 2
ppt 2A7.6-TCDD. The total 2A7.8-TCDD
equivalent concentration was 500 ppt The
average toxic equivalent concentration found
in three other creek sediment sampF.es was
300 ppt This contamination is attributed to
runoff from spills and drips of chlorophenate
preservative solution near the dip-treating
area. Soil that received drippage from the
paved treated wood storage year was also
contaminated. The concentration ol: total
chlorophenols was 63 ppm. The total 2.3.7,8-
TCDD equivalent concentration was 4.000 ppt
(4 ppb).
  Contamination of on-aite soils with FCDDs
and PCDFs was also documented in a study
conducted by the California State Water
Resources Control Board. Soil samples were
collected in the area of treatment operations
at three northern-California sawmills.
Presumably, these soils were contaminated
by spills, leaks and especially drippage from
lumber dipping operations. Concentrations of
up to 10,100 ppm total chloropheno!s
(pentachlorophenol and tetrachlorophenol)
were measured in the soil
Tetrachlorodibenzo-p-dioxin was not
measured above the analytical detection
limits, but all other PCDD and PCDE
homologues were detected. The maximum
total 2,3,7.8-TCDD  toxic equivalent
concentration was 40 ppb.

 C. Environmental Contamination with
 Wastes from Creosote Wood Preserving
Processes
   The contamination of ground water,
 surface water and sediments, and on-site-
 soils with toxic constituents from creosote
 wood preserving wastes has been
 demonstrated by a facility located in
 southeastern Wyoming that was added to the
 NPL in 1982. The facility began operations in
 the 1880s, and has been treating railroad ties
 with creosote since 132& The facility ia
 located on the  flood plain of a river used for
 irrigation and recreation. Wood preserving
 wastewaters were disposed of in unlined
 surface impoundments. Sludges that were
 cleaned out of the wood treating retorts were
 buried in the porous alluvial soils on which
 tha facility was built.
   As a result of past operating and waste
 disposal practices, it is estimated that 250,000
 cubic yards of soil are saturated vrith 5 •
 million gallons of oily material The   -
 contamination hai-attained greatest depth
 around th* beating area, surface
 impoundments, and buried waste. The oily
 contamination in ihe alluvium is-bordered by
 a fringe of contamination dissovled in gound
 water, which extends into the bebrock.
 Measured ground w«te* concentrations of    .
 contaminants IncludB-lOeog/lrfluoranthene
 and 1,400 ug/1 pyrene; compounds that arr
 major constituents of creosote. Free oil also
 was observed discharging from the saturated
 alluvium to the river and creosote
 constituents were measured in river water
 and sediments.
   A facility located in northwestern Ohio
' also demonstrates the contamination of
 ground water and surface soils with creosote
 constituents/Wood has been treated with
 creosote at this facility since the early 1900s.
 Process wastes and wastewater treatment
 residuals (listed waste K001) were disposed
 of in at least one unlined sludge disposal pit.
 approximately 13 feet deep. At a depth of 25
 feet, ground water in a monitoring well
 installed adjacent to this pit was
 contaminated with 71 mg/1 anthracene, 58
 mg/1 naphthalene, 24 mg/1 pyrene and other
 compounds which are major constituents of
 creosote. The depth at which this
 contamination was detected indicates that
 the creosote constituents are migrating
 through the blue-clay soil that underlies the
 sludge disposal pit The volatile organic
 compounds benzene, toluene, and
 ethylbenzene were also measured in the
 ground water, at concentrations of 3 mg/1.0.6
 mg/1 and 03 mg/1, respectively.
    At this same facility, creosote-treated
 wood was stored on-site in a 7 acre storage
 yard. Soil from a low area in which drainage '
 from the treated wood storage yard collected
 was sampled and analyzed. Pyrene [230'mg/
 kg), chrysene plus benz(a)anthracene (120
 mg/1), and fluoranthene (110 mg/kg) were
 detected, along with other creosote
 constituents, indicating that creosote that had
 dripped from treated wood was carried out" of
  the storage yard by surface runoff.

 D. Environmental Contamination with
  Wastes from Inorganic Wood Preserving
 processes

    Contamination-of ground water has been
  demonstrated at a California facility where
  on-site soils and surface drippage with
  arsenic and chromium from wood preserving
  wastes occurred (The facility was added to
  the NPL in 1982). Wood was treated on an 18
  acre site in the San Joaquin Valley,
 'California, .since 1936. At various times, the
  facility used pentachlorophenol, FCAP. CCA,
  and copper-8-quinolinate. Excess
  preservative that dripped from treated wood
  was allowed to run into drainage and
  percolation ditches. Wastewater was allowed
  to drain into dry wells, while  retort sludges
  and other wastes were placed in a 50-foot
  diameter unlined pond and in a sludge pit
  with hydraulic conductivity with ground
  water. These waste management practices  .
  .resulted in contamination of ground water
  and soils on-aite. Arsenic and chromium have
  been measured in the ground water at
  concentrations of 0.05 and 9 mg/1,
  respectively; compared to maximum
  contamination levels (MCLs) of 0.05 mg/1 for
  eachmetaLThecoaiaimuiatedaquiferifl
  used as drinking water by 10,000 people.
  Surface soil concentrations range to 9,800.
  mg/kg arsenic and 10,100 mg/kg. of total'
  chromium. At a depth of 1O to 20 feet, both.
  arsenic and chromium are present at up to 4* ~
mp/kg. The arsenic concentration measured
in standing water tat the treatment area wa»
10 mg/1 and chromium was present at O.-e-mgjf •
1. demonstrating that soil contaminants can •
be transferred to the standing water:
Vineyards that border two sides of the site
have received runoff contaminated with
drippage and other solid wastes.
   Data from another case-demonstrate that
contaminated runoff from storage yards used
to hold wood treated with CCA can be
contaminated with drippage containing
arsenic and chromium. The facility, located in
northwestern Alabama, was sampled in 1985
when CCA was the only preservative used.
Although no wastewater was generated from
the actual CCA treating process, runoff from
the yard used to store CCA-treated wood
was collected in a drainage pond. No water
from the tank or retort area, tracks in front of
the retort or any wastewater treatment
system drained into the pond. Water in the
pond contained 4 mg/1 arsenic and 0.79 mg/1
chromium. Pond sediments contained 1,200
mg/kg arsenic and 1,900 mg/kg of chromium,
demonstrating that metal contaminants can
be washed off treated wood and/or the soil
on which inorganic preservative has dripped.
Ground-water near the drainage pond was
not sampled. However, ground water 71 feet
below an evaporation pond that had been. .
used to treat wastewater from a discontinued
 steam conditioning and pentachlorophenol
 treatment process, contained chromium at a
 concentration slightly higher than the
 drinking, water standard of 0.05 mg/1.
 Presumably the metal contaminants
 originated from pentachlorophenol
 wastewater cross-contaminated with
 chromium and arsenic that had infiltrated
 into the ground water below the evaporation
 pond.
   Several cases of off-site contamination of
 ground water have been documented. A
 surface impoundment (that had been used to
 store process wastes) was closed in 1977 by
 draining the pond, spreading its contents over
 the site; mixing the waste with soil and
 placing the waste mixture in the
 impoundment. A wet-weather spring
 sediment sample showed 2 trig/kg arsenic
 and 12 mg/kg chromium, further evidence of
 ground-water contamination.
   At a facility located in central South
 Carolina (also on the NPL), FCAP and CCA
 wood preserving solutions dripped onto the
 ground in the loading yard and drip shed over
 20 years of operation. The State reported that
 high levels of chromium were detected in
 many neighboring private wells, at
 concentrations up to 80 m'g/1.
   At a small site outside of Baltimore,
 Maryland, tank overflows have resulted in
 the overland flow of CCA treating solution.
 The facility had a surfaced drip pad which
 did not contain all preservative dripping from
 treated wood, and allowed drippage to
' overflow onto the ground. As a result, surface
 soils are contaminated with up to 5.700 mg/kg
 arsenic afid 3,100 mg/kg chromium. Ground
 water on-site is also contaminated (800 mg/l
 arsenic,. 130 mg/I chromium) and high
 chromium concentrations were reported in a .
 neighbor'swelL  •    •.-•••'   •••.-—*.,
    As a 7.5 acre site one-half mile from the
  Russian River in northern California (added

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    Fi*i«nlt ReyM«r /  VoL 53, ISte. 251 / Friday, December 3O, 1988 f
                                                                                                      Ihzfe*
to ifee Kft, -1* ttB& Mife and grand w*ter
                                      "
spilIsaiidleak»£rocLA«fiiciiity'8CCA
preservative and wastewater reeyd!ng
system. ConcentraSona of chromium in
ground water near the process area reached
120 mg/1. Ground water contamination
migrated off-site. Contaminant levels in the
plume were 0.5 ing/1 arsenic and 0.6 mg/1
chromium, compared to MCLs of 0.05 mg/1 for
both metals. Ground water in. the area
supplies domestic, agricultural, and industrial
users.
  Environmental contamination from wood
preserving operations that use inorganic
preservatives can be long-lasting. This ia
documented by a site in. Texas on the Texas-
Arkansas border. A wood preserving facility
operated on this 61 acre site from 1939 to 1961
and used peniachlorophenol, creosote, and
CCA. Wood preserving wastes were stored in
a surface impoundment on the site where
ground water is 10 feet below the surface. In
1984, a housing development and a sand and
gravel pit occupied the site. A sediment
sample from a creek adjacent to the site
                               contained 4 mg/fcy arsenic mifci 3 nig/Teg    '
                               .chroxnnivfc px&snmably. contaminated: bv *
                               drippage carried by surface mnoff. Ground
                               water leachate collected in the quarry area
                               contained 440 mg/1 arsenic (chromium
                               concentration was not reported), 23 years -
                               after wood preserving operations on. the site
                               were discontinued.
                                 For the reasons set out in the
                               preamble, 40 CFR Parts 260,261, 262,
                               264,265,270,271, and 302 are proposed
                               to be amended as follows:

                               PART 260—HAZARDOUS WASTE
                               MANAGEMENT SYSTEM: GENERAL

                                 1. The authority citation for Part 260
                               continues to read as follows:
                                 Authority: 42 USC 6905, 6912(1), 6921
                               through 6927,  6930,6934,6935,6937,6938, and
                               6939.

                                 2. Section  260.10 is amended by
                               adding the definition of "Drip Pad", in
                               alphabetical order, as follows:
§26ft1O DMMflon*
*•••!»    «'    «        '

   "Drip Pad" is a curbed, impermeable
base installed to assist collection of
drippage and accumulated precipitation
in drip or kick-back areas at wood
preserving facilities or in treated wood
storage yards.
*    *    *    a    *

PART 26f— IDENTIFICATION AND
LISTING OF HAZARDOUS WASTE

  3. The authority citation for Part 261
continues to read as follows:
  Authority: 42 USC 6905, 69l2(a), 6921,6922,
and 693%
  4. Section 261.31 is amended fay
adding the following hazardous waste
listing in alphanumeric order  to read as
follows:
§ 261.31  Hazardous waste* from non-
specific sources.
Incftjstnr antf
EPA
hazardous Hazardous waste
waste No. ' • ' • .
Hazard
code
F032	
Wasteweters, process reseduafe, preservative drippage. and discarded spent formtdafems from wood preserving processes at facilities that
  currently USB or hav* previously used chloropnenolic formulations (except wastes from processes that have complied with the cleaning or
  replacement procedures- sal forth in ,S 261.35 and do not resume or initiate use of chloropnenolic formulations). This listing does  not
  include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use  creosote and/or
               . .                      •             •
Wastewalars, process residuals, pretectant drippage, and discarded spent formulations from wood surface protection processes a« facilities
  that cumrrtly IB» or nova previously used chlorophenolic formulations (except wastes from processes that have complied! with the cleaning
  or replacement procedures set forth in § 261 .35 and do not resume or initate use of chlorophenolic formulations).
Wastewaters, process residuals, preservative drippage, and discarded spent formulations from wood preserving  processes using creosote
  tormulaSons. This ferting does not include K001 bottom sediment stodge from the treatment of wastewater from wood preserving processes
  th«t us* creosote and/or pentachlorophenoL
Wastewater* process sesidoalSi preservative drippag*. and discarded spent formulationa from wood preserving processes using inorgsiic
  preservatives, containing arsenic or chromium. This listing does not include KOOt bottom sediment sludge tarn the treatment oi wastewate»
  from wood preserving processes that use creosote and/or pentachtorophenot
                                                                                                                         (7)




                                                                                                                         (T)


                                                                                                                         (T)


                                                                                                                         (T)
  5. Section 261.35 is added to read as
follows:

§261.35  Equipment cleaning or
replacement standards for hazardous
wastes listed in §§ 261.31 and 261.32 of this
chapter.
  (a) Applicability, Equipment cleaning
or replacement standards are applicable
to generators of the listed hazardous
wastes F032 and F033. Wastes from
wood preserving and surface protection
facilities generated in processes that do
not resume or initiate ase of
chlorophenolic formulations wilt not
meet the listing definition of F032 and
F033, respectively, once the conditions
                               in § 261.35 (b) through (f) are met. These
                               wastes may, however, continue to meet
                               another hazardous waste listing
                               description or may exhibit one or more
                               of the hazardous waste characteristics.
                                 (b) Equipment cleaning or
                               replacement performance standard. The
                               owner or operator must-clean or replace
                               all equipment that may have come into
                               contact with chlorophenolic
                               formulations or constituents thereof, in a
                               manner that:
                                 (1) Minimizes  or eliminates the escape
                               of hazardous waste, hazardous
                               constituents, leachate, contaminated
                               drippage, or hazardous  waste
decomposition products to the ground
and surface waters, and to the
atmosphere, and
  (2) Complies with the equipment
cleaning or replacement requirements of
this section.
  (c) Equipment cleaning or
replacement requirements. Generators-
must either clean or replace all process
equipment that may have come into
contact with chlorophenolic
formulations pr constituents thereof,.
including, but not limited to, treatment
cylinders, sumps, tanks, piping systems,
drip pads, fork lifts, and trams by
conducting the following activities:

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53326
Federal Register / Vol. 53, No. 251  /  Friday. December 30.  1988 / Proposed Rules
  (1) The generator must prepare andj-
algn a written equipment cleaning or
replacement plan that describes the
equipment to be cleaned or replaced,
how the equipment will bo-cleaned or
replaced in accordance with 5:281.35{b)
and (c), and the appropriate solvent
chosen for use in § 261.35{c)(3);
  (2) The generator must remove all
visible residues, including free and
attached residues,  from process .
equipment;
  (3) The generator must rinse the
process equipment with an appropriate
solvent until  dioxina and dibenzofurans
are not detected in the final solvent
rinse when tested in accordance with
the testing requirements of § 261.35{e);
and
  (4) The generator must manage all
residues from the cleaning process and
any discarded equipment as F032 (for
wood preserving operations) or F033 (for
surface protection operations).
  (d) Previous equipment cleaning or
replacement provision. Generators that
can document previous equipment
cleaning or replacement which was
performed in accordance with the
, requirements in § 261.35{c) and which
occurred after a change in preservative
or  surface protectant may us« this
 documentation to fulfill the equipment
 cleaning or replacement requirements in
 § 261.35{c). Wastes from wood
 preserving and surface protection
 facilities generated in processes that do
 not resume or initiate use of
 chlorophenolic formulations, for which
 generators submit information from
 previous equipment cleaning or
 replacement activities, will no longer
 meet the listing definition of F032 or  ,
 F033 provided that the conditions listed
 in paragraphs (d) (1), (2), and (3) of this
 section have been met and provided that
 the generator does not resume or initiate
 use of chlorophenolic formulations. The-
 wastes may, however, continue to meet
 another hazardous waste listing
 description or may exhibit one or more.
 of the hazardous waste characteristics.
    (1) The generator must sufcimit to the
 Regional Administrator the required
 documentation together with; the
 following statement signed by the    '..
 generator or his authorized
 representative:           *
    I certify under penalty of law that all
 process equipment required to be
 cleaned or replaced under 40 CFR 261.35
 was cleaned or replaced as represented
 In the accompanying materials. I am
 aware that there are significant
 penalties for submitting false
 information, including the possibility of"
 fine or imprisonment
    (2) The Regional Administrator finds,
 after a review of the material provided.
 by the generator, that the procedures
                         used for equipment cleaning or-  -
                         replacement meet the-requirements of •
                         § 261.35 (fa) and (c). and
                           [3) The Regional Administrator
                         notifies the generator, in writing; of this
                         finding.
                           (e) Testing and Documentation
                         Requirements.
                           (1) Any person seeking to meet the
                         equipment cleaning requirements of
                         § 261.35(c) must test the rinsate from the
                         final solvent rinse and demonstrate that
                         dioxins and furans  are not detected
                         when tested according to the method
                         specified in § 261.35(e)(2).
                           (2) Dioxin and dibenzofuran
                         concentrations must be determined
                         using SW-846 Method 8290.
                           (3) Generators seeking to meet the
                         equipment cleaning or replacement
                         requirements of § 261.35 (c) and (d) must
                         collect the following information for
                         submission to the Regional
                         Administrator:
                           (i) The name and address of the
                         facility;
                           (ii) Formulations previously used and
                         the date on which their use ceased in
                         each process at the facility;
                           (iii) For F033, a statement certifying
                         whether the facility currently uses a
                         surface protection formulation that has
                         no listed hazardous wastes associated
                         with it;
                           (iv) Formulations currently used in
                         each process at the facility;
                           (v) The equipment cleaning or
                         replacement plan;
                           (vi) The name and address of the
                         person conducting any cleaning
                         operations required under § 261.35(c);
                           (vii) The dates of the cleaning or
                         replacement;
                           (viii) The name and address of the
                         laboratory facility performing the
                         sampling and testing;
                           (ix) The dates of sampling and testing;
                           (x) A description of the sample
                         handling and preparation techniques,
                          including techniques used for extraction,
                          containerization, preservation, and
                          chain of custody of the samples;
                            (xi) A description of the tests
                          performed, the" date the tests were
                          performed, and the results of those tests;
                            (xii) The name and model numbers of
                          the instalment used in performing the'
                          tests; and
                            (xiii) QA/QC documentation.
                            (f) Notification, Review, and
                         .Approval.
                            (1) Generators intending to use the
                          equipment cleaning or replacement
                          procedures so that then- wastes do not
                          meet the listing description of F032 or
                          F033 must notify the Regional
                          Administrator 30 days prior to
                          equipment cleaning or replacement
                            (2) Within 30 days following
                           completion of all equipment cleaning or
replacement activities, generators must••
submit to the Regional Administrator
copies of all information required under
§ 261.35{e), a copy of the equipment
cleaning and replacement plan required
under § 261.35(c)(l), and the following
statements signed by the generator or
his authorized representative:
  I certify under penalty of law that all
process equipment required to be
cleaned or replaced under 40 CFR 261.35
was cleaned or replaced in accordance
with the requirements  of 40 CFR 261.35.1
am aware that there are significant
penalties for submitting false
information, including the possibility of
fine or imprisonment.
  (3) The Regional Administrator will
review the information provided to
determine whether the generator has
complied with the requirements of
§ 261.35 (b) and (c).
  (4) In the event that the Regional
Administrator provides written
notification of a tentative determination
that the requirements of § 261.35 [b) and
(c) have not been met, the generator
may provide any appropriate additional
information addressing the basis for the
tentative determination within 30 days
of receipt of the written notification.
   (5) Within 30 days following receipt of
additional information from the
generator, the Regional Administrator
will provide written notification of his
final determination.
   (6) Upon issuance of a  final
determination that the requirements of
 § 261.35 (b) and (c) have been met, the
subject wastes will be considered to no
longer meet the listing descriptions of
F032 or F033, provided that the
generator does not resume or initiate use
 of chlorophenolic formulations. The
waste will continue to be regulated
 hazardous waste if it meets another
 listing description or exhibits one or
 more of the characteristics  of hazardous
 waste.
 Appendix III—[Amended]

   6. In Part 261, Appendix III, Table 1 is
 amended by adding the following
 compound in alphabetical order as
 follows:

 TABLE 1—ANALYSIS  METHODS FOR OR-
   GANIC CHEMICALS CONTAINED IN SW-
   846
          Compound
Method
numbers
  8enzo(k)fluorantnene	  8100, 8250,
                              8270,8310

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               Federal Register / Vol. 53, Nm. 251 / Friday. December SO, 1988 / Proposed Roles
   7. In Part 261, Appendix VBis
 amended by adding the foRowfng waste
 streams in atphanunaexic order as   ..
 followK

 Appendix Vn—Basta For Listing
 Hazardous Waste
   EPA,
 hazsnf*
   ow     Hcwtottsccinstaue«s.«0f which Isterf
  wasta    •                     .
   No.
 F032 ..
F033
 F034
F035
                            imteiict1,Z,3-
          cd)pyrene. pentacWofoptienoJ, arsenic.
          chrofvrfunv tefts% pcnt&v rte?®-B hop*
          tacMoMX»8iiB^Miean« tefe*-. penta-
          . toca-, hepfacNorodifaenzoiuran*.
         Pentechtocofrtienol, • 2.3.4,6-tetraefilor*.
                 2,4,6-lrfcWoroptienot,
                      haptaMonx£
          dioxins. tetra-, pent*-, hexa-v hepeach-
          loroditenzofunins.
          cdjpyrena. napWhatene, arsenic, ehro-
          mwrn
        lvstnc.ctnaium.iBai
  8. In Part 261, Appendix VHI is
 amended by adding the following
 hazardous constituents in alphabetical
 order as foflows:

 Appendix VEX—Hazardous Constituents
Commonnama
                                No.
BenzoWauorarthw SUM.
     • -     •   •   •
Heptactilorodi-	
  benzofurans.
IteptatMomB-' .
  benzop-
                             3)7-08-9
PART 262—STANDARDS APPLICABLE
TO GENERATORS OF HAZARDOUS
WASTE

  a The authority citation for Part 282
continues to read as follows:

  AuOaiirje42 U&C 690% 8M2.6922,892*.
6925iaad89S7.       -.            .

  10. Secdon 28t34 nairagrapa (aJClJ is
revised to read as for
            ,
    (1) The waste is placed hi containers
  and the generator complies with Snbpart
  I of 40 CFR Part 265, or the waste is
  placed in tanks and the generator
  complies with Subpart J or 40 CFR Part
  265, except § 285.197fc), and § 265.20O,
  or the waste is placed on drip pads and
  the generator complies with Subpart f
  of 40 CFR Parties, b addition, snch a
  generator is exempt from all the
  requirements of Subparts G and H of 40
  CFR Part 285. except for §§ 285.111 and
  265.114.
  *•*•*.*
  PART 264—STANDARDS FOR
  OWNERS AMD OPERATORS OF
  HAZARDOUS WASTE TREATMENT,
  STORAGE, AND DISPOSAL
  FACILITIES

    12. The authority citation for Part 264
  continues to read as follows:
   Authority: Seca. 1006k 2002.-30M. and 3005
  of the Solid Waste Disposal Act as amended
  by the Resource Conservation and Recovery
  Act of 197B, as amended (42 U.S.C69G5.
  6912(aJ. 692$, and 6925).
   ia The table ef contents for Part 264
  is amended to add Subpart T and
  § § 264.570,264.571.284.572,234.573, and
  264.574 as Follows:
  *   *     •    »    «
  Subpart T—Drip Pads
  Sec.
  264.570  Applicability.
  264.571  Containment
  284.572  General Operating Requirement
  264.573  inspections.
  264.574  Closure.

   !«. Part 264 is amended by adding
  Subpart T as follows:

  Subpart T—Drip Pad*

  §264.570 Applicability.
   The requirements of this Subpart
.  apply to owners and operators of
  facilities that use drip pads to assist
  collection, storage, or treatment of
  treated wood drippage that meets the
  listing description of Hazardous Waste
 Numbers FD32, F033, F034, or IF035 of 40
 CFR 261.31.

 §264.571 Containment.
   Drip pads must meet the following
 requirements!
  - (a) Drip pads, mus1.be constructed of a
 curbed base having an, impermeable
 surface capable .of containing drippage
 and accumulated precipitation whSe.
 routed to an associated collection area
 or device (systemfc
    (b) Drip pads must be maintained
  such that they remain free of cracks,
  corrosion, or other deterioration, that
  could cause hazardous waste to leak
  from the drip pad;
    (c) The drip pad and associated
  collection system must be designed and
  operated to collect and drain liquid
  resulting from drippage or precipitation
  in order to prevent run-off; and mast b@
 : designed and maintained so as to be
  capable of containing precipitation from
  a 25-year/24-hour stonn event if
  exposed to rainfall;
    fd) Run-on onto the drip pad and
  associated collection system must be
  prevented unless the system has
  sufficient excess capacity to contain anj?
  run-on that might enter the system; and
    (e) Drippage and accumulated
  precipitation must be removed from the
  associated collection system as
  necessary to prevent overflow onto the
  drip pad.
    (f) As specified in die permit, if the
  owner or operator detects a condition
  that could lead to a release of hazardous
 waste, the condition must be repaired
  within a reasonably prompt period of
  time following discovery,  or the pad
 most be removed from service.

  • (Note: See 12fi4.571(f} for remedial action
 required if deterioration or leakage ia
 detected.)

 §264.572 General operating requirement,
   Drip pads must be operated and
 maintained in a manner to prevent
 tracking of hazardous waste or
 hazardous waste constituents off the
 drip pad by personnel or equipment.

 §264.573  Inspections.
   Drip pads must be inspected
 thoroughly for visual signs of
 deterioration or cracking. Facility
 inspection programs must  involve
 inspection of the entire drip pad surface
-at4east-weekly: . ;     .     •

  (Note: See S 284.57110 for remedial action
 required if deterioration or leakage is
 detected.)

 §264.574  Closure.
,  At closure, all hazardous waste and
 hazardous waste residues  must be
 removed from the drip pad. The pad and
 any soil containing or contaminated
 with hazardous waste or hazardous
 waste residues most be decontaminated
 or removed,            ,

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53328        Federal Register / Vol. 53t No. 251 / Friday, December 30,  1988 / Proposed Rules
PART 265-INTERIM STATUS
STANDARDS FOR OWNERS AND
OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND
DISPOSAL FACILITIES
  15. The authority citation, fur Part 265
remains as follows:
  Authority: Sees. 1006,2002(a], 3004, 3005,
and 3015 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and
Recovery Act of 1976, as-amended (42 UJ3.C.
6905.6912(n), 6924.6925, and 69315).
  15. The table of contents for Part 265
is amended by adding Subpart T
consisting of §§ 265.440,265.441, 265.442,
265.443 and 265.444 as follows:
SubpmrtT—Drip Pads
Sec.
265.440  Applicability.
265.441  Containment
265.442  General operating requirement
265.443  Inspections.
265.444  Closure.
  16. Section 265.1 is amended to add
paragraph {c)[4)(iii), to read as follows:
§ 265.1  Purpoa*, scop*, and applicability-.
  (o) * * •
  (4) * * *
  (lii) To a person who treats:,  stores, or
disposes of hazardous waste in a State
authorized under Subpart A or B of Part
271 of this chapter at a facility which
was not covered by standards under this
part when the State obtained
authorization and for which EPA
promulgates standards under this part  >
after the State is authorized. This
paragraph will apply only until the State
Is authorized to implement interim
status standards for such facilities under
Subpart A of Part 271 of this chapter.
  17. Part 265 is amended by adding
Subpart T as follows:

SUBPART T—DRIP PADS
§265.440  Applicability.
  The requirements  of this Subpart
apply to owners and operators of
facilities that use drip pads to  assist
collection, storage, or treatment of
treated wood drippage that meets the
listing description of Hazardous Waste
Numbers F032, F033, F034, or F035, of
§ 261.32 of this chapter.
§ 265.441  Containment
  Drip pads must meet the following
requirements:
  (a)  Drip pads must be constructed of a
curbed base having an impermeable
surface capable of containing  drippage
and accumulated precipitation while
routed to an associated collection area
or device (system);
  (b) Drip pads must be maintained
such, that they remain free of cracks.
corrosion, or other deterioration that
could cause hazardous waste to leak
from the drip pad;
  (c) The drip pad and associated
collection system must be designed and
operated to collect and drain liquid  ,
resulting from drippage or precipitation
in order to prevent run-off; and must be
designed and maintained so as to be
capable of containing precipitation from
a 25-year/24-hour storm event if
exposed to rainfall;
  (d) Run-on onto the drip pad and
associated collection system must be
prevented unless the system has
sufficient excess capacity to contain any
run-on that might enter the system; and
  (e) Drippage and accumulated
precipitation must be removed from the
associated collection system as
necessary to prevent overflow onto the
drip pad.
  (f) If the owner or operator detects a
condition that could lead to  a release of
hazardous waste, the condition must be
repaired within a reasonably prompt
period of time following discovery or the
pad must be removed from service.

§ 265.442  General operating requirement
  Drip pads must be operated and
maintained in a manner to prevent ...
tracking of hazardous waste of
hazardous waste constituents  off the
drip pad by personnel or equipment.

§265.443  Inspections.
  Drip pads must be inspected
thoroughly for visual signs of
deterioration or cracking. Facility
inspection programs must involve
inspection of the entire drip pad surface
at least weekly.
  (Note: See § 265.342(f) for remedial action
required if deterioration or leakage is
detected.)

§265.444  Closure
  At closure, all hazardous waste and
hazardous waste residues must be
removed from the drip pad. The pad and
any soil containing or contaminated
with hazardous waste or hazardous
waste residues must be decontaminated
or removed.

PART 270—EPA ADMINISTERED
PERMIT PROGRAMS: THE
HAZARDOUS WASTE PERMIT
PROGRAM

  Iff. The authority citation for Part 270
continues to read as-follows:
  Authority: 42 U.S.C. 6905,6912,6925,6927,
6939. dnd 6974.

  19. Subpart B of Part 270 is amended
by adding § 270.22 to read as follows:
§270.22 Special Part B Information
requirements for drip pads. -
  Except as otherwise provided by
§ 264.1 of this chapter, owners and
operators of hazardous waste treatment.
storage, or disposal facilities that
collect, store,  or treat hazardous waste
on drip pads must provide the following
additional information:
  (a) A description of the drip pad and
associated collection system sufficient
to demonstrate compliance with the
requirements  of §§264.353 and 264.354.
This information must include the
following at a minimum:
  (1) Basic design parameters,
dimensipns, and construction materials.
  (2) How the design promotes
collection and drainage of drippage and
materials mixed with drippage to an
associated collection area or device
(system).
  (3) The capacity of the drip pad .and
associated collection system.
  (4) For drip pads and associated
collection systems exposed to
precipitation, a demonstration that the
design capacity of the drip pad and
associated collection system is capable
of containing  the precipitation from a 25
•year/24 hour  storm event..
  (5) For drip pads and associated
collection systems protected from
precipitation, a description of the
structures or structure that will provide
protection from precipitation, including
basic design parameters, dimensions,
and construction materials.
  (6) A description of structures that
will prevent run-on to the drip pad and
associated collection system or a
demonstration that the capacity is
sufficient to contain any run-ori that
might enter the drip pad or collection
system.
  (7) The interval  at which drippage and
other materials will be removed from
the associated collection system and a
statement demonstrating that the
interval will be sufficient to prevent
overflow onto the drip pad.
  (b) A description of operating
practices and procedures that will be
followed to ensure that hazardous waste
or waste constituents are not tracked off
the drip pad by personnel or equipment.
  (c) A plan demonstrating how  the
owner or operator will ensure that all
portions of the drip pad are inspected
weekly for signs of deterioratioaor
cracking, including provisions for
moving any treated wood that is stored
on,a pad for more than one week.

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               Federal Register / Vol.  53, No. 251  / Friday, "December 30,1988 / Proposed Rules'        S3323
PART 271—REQUIREMENTS FOR
AUTHORIZATION OF STATE
HAZARDOUS WASTE MANAGEMENT
PROGRAMS

  20. The authority citation for Part 271
continues to read as follows:
  Authority: 42 U.S.C. 6905, 6912(a). and 6926.

§271.1  [Amended]
  21. Section 271.1(j) is amended by
adding the following entry to Table 1 in
chronological order by date of
publication:

TABLE  1.—REGULATIONS  IMPLEMENTING
  THE HAZARDOUS AND  SOLID WASTE
  AMENDMENTS OF 1984
Prnmntefltinn    ™e     Federal
   rtata      re9"la-    Register
   date       lion     reference
[Insert date  Tha      xxffixx.— [Insert
  of          listing              effective
  publics-      of .                date.]
  tion].        wastes
             from
             the
             wood
             pre-
             serving
             and
             surface
             protec-
             tion
             proc-
  z These regulations implement HSWA only to the
extent that they apply to the listing of Hazardous
Wastes  Nos. F032  and F033  and the equipment
cleaning and replacement procedures. Listings of
Hazardous Waste Nos. F034 and F035, test meth-
ods for  benzo(k)fluoranthene, and technical stand-
ards for  drip pads do not implement HSWA.
PART 302—DESIGNATION,
REPORTABLE QUANTITIES, AND
NOTIFICATION

   22. The authority citation for Part 302
continues to read as follows:

   Authority: Sec. 102 of the Comprehensive
Environmental Response, Compensation, and
Liability Act of 1980, 42 U.S.C. 9602; sees. 311
and 501{a) of the Federal Water Pollution
Control Act, 33 U.S.C. 1321 and 1361.

§302.4  [Amended]

   23. In § 302.4, amend Table 302.4 by
adding the waste streams F032, F033,
F034, and F035.
   (a) * < *

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                                                                                                      ,**

               Federal Kegjito'f VoL- 53,- Not 251. / Friday.. Dece^bg 3ft 198tt / Propes^ Safer*
                      . TA8l.E^02.4r-LlST OF HAZARDOUS SUBSTANCES AND RERORTABLE QUANTtTHES

                          ' •  •  :r    ••   •       [Sea footnotes at end of table 302.4]                     ;
Statutory
Hazardous substance CASRN s^nymsf RQ ^^

RCRA.
waste ,
number
Final HQ
Category Pounds (Kg)
F032.»
   Wastewatore. process residuals, |>reservative dnppage. and dis-
     carded spent formulations from wood preserving processes at
     facilities that currently uso or have previously used chlorpphon-
     olic formulations (except wastes from  processes mat have
     compKad  with  the cleaning « replacement procedures set
     forth in 526t 35 and do not resume or initiate use of chlorc-
     phorxUfe  formulations). This  fisting does not include  K001
     bottom sediment sludga from the treatment of wastewater from
     wood preserving processes that use creosote and/or pentacn-
     lorophanol.

   Wastewaters7process residuals, protectant drippage; and dis-
     carded spent formulations from wood surface protection proc-
     esses at  (Kitties that currently use or have previously used
     chtorophanolic formulations (except wastes from processes
     that hava compiled with the cleaning or replacement proce-
     dures sat forth in § 261.35 and do not resume or initiate use of
     chtorophenoTic formulations).
                           .  preservative dnppage, and dis-
     carded spent formulations from wood preserving processes
     that currently use creosote formulations. This listing does not
     tocfodo K001 bottom sediment sludge from  the treatment  of
     wastewater from wood preserving processes that use creosote
     and/or pentachtorophenol.
    Wastewatars, process residuals, preservative, drippage, and dis-
      carded spent formulations from wood preserving processes
      using inorganic preservatives containing arsenic or chromium.
      This listing does  not include K001  bottom  sediment sludge
      from the treatmonl of wastewater from wood preserving proc-
      esses that use creosote and/or pentachlorophenol.
                                 10
                                                                      ......   1 *
                                                                                       4       F032 X....
                                                                                                                    1 (0.454)
                                            4       F033  X	
                                                                         1 (0.454)
                                                                                       4        F034  X	.....
                                                                          I (0.4541
                                             4       F035  X.....		  '   1 (0.454)
 IFR Doc. 88-30078 Filed 12-29-88; 8:45 am]
 BILUNQ CODE 8560-50-M


 ENVIRONMENTAL PROTECTION
 AGENCY

 40 CFR Part 261
 [SW-FRL-3500-6]

 Hazardous Waste Management
 System; Identification and Listing of
 Hazardous Waste; Tentative Petition
 Denial
 AGENCY: Environmental Protection
 Agency.    ,     *-
 ACTION: Tenati% -'aetermination to deny
 petition for rulemaking; request for
 comments.	.

 SUMMARY: The U.S. Environmental
 Protection Agency (EPA or Agency)
 today is issuing a tentative
 determination to deny a petition from
  the American Wood Preservers Institute
  (AWP1), to: (1) Reconsider the Agency's
  interpretation that EPA hazardous
  waste K001 may form from application
  of wood preserving wastewaters to
  spray irrigation fields and (2) more
clearly define K001 by specifying the
concentrations of listing constituents
that identify a wood preserving
wastewater treatment sludge as K001. If
EPA finds that K001 can form in spray
irrigation fields, the petitioner requests
that owners or operators of such
facilities be given six months from the
date of EPA's response to comply with
the regulations. EPA also has
determined tentatively to deny, this
request. The Agency has, however,
provided in this Federal Register notice
a description of how EPA Hazardous
Waste K001 applies to spray irrigation
fields. This guidance is intended to
provide additional assistance to
generators in Jndentification of K001.
   The Agency bases today's tentative
determination to deny the petition on (1)
the listing description. (2) the
information provided in the docket
supporting the K001 listing and (3) EPA's
examination of the data submitted by
 the petitioner, to support their claim that
 spray irrigation fields used for the land
 treatment of wood preserving
 wastewaters do hot generate
 wastewater treatment sludges and that .-
 any wastes that are so generated do not
contain significant concentrations of the
constituents of concern specified for
K001 in 40 CFR Part 261. Appendix VII.
It is the Agency's tentative
determination that the K001 Background
Document and the data submitted by the
petitioner support the conclusion that
wastewater treatment sludges that meet
the K001 listing description may be
generated, treated or otherwise.
managed in spray irrigation fields.
Therefore, the Agency believes that the
K001 listing applies to sludge that forms
in spray irrigation fields used for the
treatment of wastewaters from wood
preserving processes that use creosote
and/or pentachlorophenol. Further, the
Agency believes it provided adequate.
notice to wood preservers who use
spray irrigation fields of the description
of K001 by publication of a notice of the
listing in the Federal Register and by
providing opportunities for public
comment on the listing. For this reason,
the Agency does not propose to give
 these facilities additional time to come
 into compliance with RCRA regulations.
 Accordingly, the Agency tentatively
 denies the AWPI petition.

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