Friday
October 6, 1989
Part ill
Environmental
Protection Agency
40 CFR Parts 261, 271, and 302
Hazardous Waste Management System:
Identification and Listing of Hazardous
Waste and CERCLA Hazardous
Substance Designation; Reportable
Quantity Adjustment Methyl Bromide
Production Wastes; Final Rule
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41402 Federal Register / Vol. 54, No. 193 / Friday. October 6, 1989 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 261,271, and 302
[SWH-FRL-3626-5; EPA/OSW-FR-89-018]
RIN 2Q50-AC60
Hazardous Waste Management
System: Identification and Listing of
Hazardous Waste and CERCLA
Hazardous Substance Designation;
Reportable Quantity Adjustment
Methyl Bromide Production Wastes
AGENCY: Environmental Protection
Agency.
ACTION; Final rule.
SUMMARY: The Environmental Protection
Agency (EPA) today is amending the
regulations for hazardous waste
management under the Resource
Conservation and Recovery Act (RCRA)
by listing as hazardous two wastes
generated during the production of
methyl bromide. The effect of this
regulation is that these wastes will be
subject to regulation under 40 CFR parts
262 through 266, and parts 270,271, and-
124.
In addition, the Agency also is making
final amendments to regulations
promulgated under the Comprehensive
Environmental Response and Liability
Act (CERCLA) in 40 CFR part 302 that
are related to today's hazardous waste
listings. In particular, EPA is making
final the designation as hazardous
substances under sections 101(14) and
102 of CERCLA all of the wastes made
final in today's rule, and designating
under section 102(a) the final reportable
quantities that would be applicable to
those wastes.
EFFECTIVE DATE: This regulation
becomes effective on April 6.1990.
ADDRESSES: The official record for this
nilemaking is identified as Docket
Number F-89-LMBF-FFFFF and is
located in the EPA RCRA docket, room
2427,401M Street SW., Washington. DC
20460. The docket is open from 9:00 to
4:00, Monday through Friday, excluding •
Federal holidays. The public must make
an appointment to review docket
materials by calling (202) 475-9327.
Copies of the non-CBI version of the
listing background document, the Health
and Environmental Effects Profiles, and
not readily available references are .
available for viewing and copying only
in the OSW docket Copies of materials
relevant to the CERCLA portions of this
nilemaking are contained in room 2427,
U.S. EPA. 401M Street SW.,
Washington, DC 20460. Both dockets are
available for inspection from 9:00 a.m. to
4:00 p.m., Monday through Friday. The
public may copy 100 pages from the
docket at no charge; additional copies
are available at $0.15 per page.
FOR FURTHER INFORMATION CONTACT:
The RCRA/Superfund Hotline at (800)
424-9348 or at (202) 382-3000. For
technical information, contact Dr. Gate
Jenkins, Office of Solid Waste (OS-332),
U.S. Environmental Protection Agency,
401 M Street, SW., Washington, DC
20460, (202) 382-4786. For technical
information on the CERCLA final rule,
contact: Ms. Ivette Vega, Response
Standards and Criteria Branch,
Emergency Response Division (OS-210),
U.S. EPA, 401 M St SW., Washington.
DC 20460, (202) 382-2463.
SUPPLEMENTARY INFORMATION: The
contents of today's preamble are listed
in the following outline:
I. Background
II. Response to Comments
A. Comments on the Description of Manu-
facturing Processes
B. Comments on Individual Waste Streams
1. Wastewater from the reactor
a. Generation source of wastewater
b. Effective treatment of wastewater
c. Reuse of wastewater after treatment
in another process
2. Spent sulfuric acid
a. Exemption of reclaimed sulfuric
acid
b. Concentrations of dimethyl sulfate
and methyl hydrogen sulfate
3. Spent alumina adsorbent
C. Mismanagement
IH- Relation to Other Regulations
IV. Test Methods for New Appendix VH
Compounds
V. CERCLA Designation and Adjustment
VI. State Authority
A. Applicability of Rules in Authorized
States
B. Effect on State Authorizations
VII. Compliance Dates
A. Notification
B. Interim Status
VHL Regulatory Impact Analysis
DC. Regulatory Flexibility Act
X. Paperwork Reduction Act -.. . __
I. Background
On April 25,1985, EPA proposed to
amend the regulations for hazardous
. waste management under RCRA by
listing as hazardous two wastes
generated during the production of
methyl bromide.1 (See 50 FR16432-
16436.) These wastes were proposed as:
(1) Wastewater from the reactor and
acid dryer from the production of methyl
bromide (EPA Hazardous Waste No.
K131), and (2) spent adsorbent and
wastewater separator solids from the
1 It should be noted that the Hazardous and Solid
Waste Amendment! of 1984 require the Agency to .
make a determination a* to whether wastes from
organobromlne manufacturing should be listed as
hazardous. This regulation is promulgated in
accordance with that requirement.
production of methyl bromide (EPA
Hazardous Waste No. K132).
The hazardous constituents of
concern in these wastes are methyl
bromide and dimethly sulfate. Methyl
bromide causes numerous acute and
chronic effects. Acute effects include
convulsions and seizures in humans,
central nervous system depression,
human fatalities due to pulmonary
edema, and psychic, motor, and
gastrointestinal disturbances. Chronic
effects include hyperplasia of the fore-
stomach of rats, direct damage to the
brain cortex and peripheral axons of
humans, and pathological changes in
animal kidneys, parathyroid glands, and
thyroid glands. Dimethyl sulfate is toxic
and has been demonstrated to be
carcinogenic in a variety of test animals.
Methyl bromide is found at levels up
to 5% in waste K131 and at levels up to
1.5% in waste K132. Dimethyl sulfate is
found at levels up to 0.5% in waste K131.
Because of their moderate solubilities in
water and high solubilities in organic
solvents, these constituents are
expected to migrate from the wastes and
to be mobile in the environment In
addition, data are available which
indicate that methyl bromide and
dimethyl sulfate may persist in the
environment and reach environmental
receptors in harmful concentrations,
thereby posing a significant hazard if
these wastes are mismanaged.
Furthermore, waste K131 is corrosive.
(See the preamble to the proposed rule
at 50 FR 16432-36 for a more detailed
explanation of our basis for listing these
wastes.)
After evaluating these wastes against
the criteria for listing hazardous wastes
(40 CFR 261.11(a)(3)), and for the
reasons stated in the preamble to the
proposed rule, EPA has determined that
these wastes are hazardous because
they are-capable of posing a substantial
present or potential hazard to human
health or the environment when
improperly treated, stored, transported,
disposed of, or otherwise managed.
The Agency received several
comments on these proposed waste
listings. We have evaluated these
comments carefully, and conclude that
they do not refute our justification for
listing these wastes as hazardous. This
notice makes final the regulation
proposed on April 25,1985, and provides
EPA's response to the comments
received on that proposal.
IL Response to Comments
This section presents the comments
received on the proposed rule, as well as
the Agency's response. Comments were
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FederalRegister / Vol. 54. No. 193 / Friday. October 6. 1989 / Rule's and Regulations
41403
received from a manufacturer of methyl
bromide.
A. Comments on the Description of the
Manufacturing Process
The commenter stated that the
process described in the listing
background document does not address
the process they employ to produce
methyl bromide. In particular, they
argue that methyl bromide is produced
at their plant as a co-product in the
tetrabromobisphenol-A (TBBPA)
process. In the commenter's process,
hydrobromic acid (HBr) is produced as a
co-product in TBBPA production and
subsequently methylated to produce
methyl bromide. They state that the
hydrobromic acid is not produced in situ
by reacting with either sulfur or sulfur
dioxide as described in the listing
background document.
The Agency disagrees with the
commenter that their process is not
described in the listing background
document. The listing background
document describes two typical
production processes for methyl
bromide. The first process described
involves the reaction of methanol with
hydrobromic acid. This is, in fact, the
process used at the production facility of
the commenter, where hydrobromic acid
is produced as a by-product from the
manufacture of another chemical, and
then methylated to produce methyl
bromide.
The Agency never intended to exclude
from the listing wastes that are
generated from methyl bromide
production where it is produced along
with another product, namely TBBPA. In
fact, the listing background document
clearly states, "Hydrobromic acid is
often produced as a by-product of a
different process at a plant so it can be
added directly as feedstock to the
reactor." We believe that the production
of co-products along with methyl
bromide does not alter the fact that the
wastes generated by the process will
still contain the toxic constituents at
levels of concern. Analytical data
submitted by this commenter and others
who produce methyl bromide along with
a co-product also supports our
contention that these wastes contain
significant concentrations of methyl
bromide.
The background document has been
revised to more clearly describe the
different manufacturing processes for
methyl bromide that are subject to the
hazardous waste listing.
B. Comments on Individual Waste
Streams
1. Wastewater From the Reactor
The commenter provided several
rationales to support their claim that the
wastewaters generated from their
methyl bromide-TBBPA co-production
process would not be covered by the
K131 listing description. "Wastewater
from the reactor * * * from the
production of methyl bromide." The
Agency's response to these comments is
provided below.
a. Generation source of wastewater,
The commenter claimed that their
process wastewater is not discharged
directly from the methyl bromide
process reactor. Instead, their reactor
wastewater is carried along through a
precipitation and filtration step before it
is removed from the process and sent to
the distillation column for treatment
The commenter argued that the source
of this wastewater, therefore, was not
the methyl bromide reactor.
The Agency disagrees with the
interpretation that the wastewater
generated by the commenter's facility
does not meet the listing description for
"reactor wastewater." In the
commenter's process, wastewater is
generated in the methyl bromide
production reactor. This wastewater,
therefore, is properly designated as
wastewater from the methyl bromide
reactor. The additional product recovery
steps described by the commenter
through which this wastewater is
carried does not alter the fact that the
original source of the wastewater is the
methyl bromide reactor. Furthermore,
the commenter supplied information that
this wastewater is removed from the
process line prior to the production of
any other product, such as the
commenter's subsequent manufacture of
TBBPA. As a result, the source of this
wastewater cannot be claimed to be
from a production process other than the
methyl bromide process. The
wastewater leaving the commenter's
precipitation and treatment steps clearly
meets the listing description, and full
notice of this fact was provided.
b. Effective treatment of wastewater.
The commenter further stated that they
have a patented treatment process to
remove hazardous constituents from
their wastwater stream discussed
above. In support of their position, the
commenter provided a copy of an inter-
office memorandum which stated that
the wastewater stream after this
treatment process contained 5 ppm or
less methyl bromide, the detection limit
of the analytical method used. As a
Tesult, the commenter contends that the
wastewater no longer contained
significant concentrations of toxic
constituents, and suggests that their
wastewater should be excluded from
regulation as a hazardous waste.
The Agency does not consider the
information submitted by the commenter
to be adequate as a basis for excluding
this waste, after such treatment, from
the listing description. First, the actual
concentration of methyl bromide
remaining in the wastewater after
treatment could have been as high as
the detection limit, 5 ppm. Without more
definitive analytical characterization of
this waste, the Agency cannot make a
determination as to whether or not it
would present a potential hazard to
human health and the environment. In
addition, the Agency has inadequate
information on the commenter's test
methods, how the samples were
collected, or the QA/QC used. If the
commenter wishes to provide further
evidence to demonstrate that their
treated! wastewater should be excluded
from regulation, they should submit a
delistirig petition pursuant to 40 CFR
260.20 and 260.22. (See "Petitions to
Delist Hazardous Wastes: A Guidance
Manual," NTIS PB-85-194488, available
from: NTIS, 5285 Port Royal Road,
Springfield, VA 22161 (request by
telephone at (703) 487-4650) for a
detailed discussion on the type of
information and data that should be
included in the petition.)
C. Reuse of wastewater after
treatment in another process. The
commenter further argued that their
methyl bromide process wastewater
would be exempt from the K131 listing
description since, after wastewater
treatment, the wastewater is "recycled
to process." In fact, the wastewater is
injected into the ground to extract brine.
The Agency does not consider the
reuse of the wastewater described by
the commenter to be a reclamation or
reuse activity subject to the exemption
from regulation as a solid waste. The
Agency notes that this form of
"recycling" is use constituting disposal,
and therefore not subject to the
exemption from the definition of a solid
waste. (See 40 CFR 261.2(c)(l)(A).)
2. Spent Sulfiiric Acid
. a. Exemption of reclaimed sulfuric
acid. The commenter stated that their
process does not produce a waste
sulfuric acid stream as described in the
listing background document. Instead,
the acid, is first stripped to remove
methyl bromide, and then returned to
the supplier to be used to produce virgin
sulfuric acid. They argue, therefore, that
this stream is not a solid waste by virtue
of 40 CFR 201.4(a)(7). which excludes
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41404 Federal Register / Vol. 54. No. 198 / Friday. October 6. 1989 / Rules and Regulations
spent sulfuric acid used to produce
virgin sulfuric acid, unless it is
accumulated speculatively.
Although the Agency agrees that the
spent acid, after stripping, meets the
description of 40 CFR 281.4{a)(7). the
Agency notes that the commenter's
spent sulfuric acid, which'meets the
K131 listing description as generated, is
not used to produce virgin sulfuric acid
until after treatment to remove methyl,
bromide. The Agency believes that such
reclamation is treatment of a hazardous
waste (i.e.. the spent sulfuric acid as
generated).
The specific exemption for spent
sulfuric add was meant to apply only to
spent sulfuric acid that is used as a
feedstock ingredient in the production of
virgin sulfuric acid, by introduction into
the original sulfuric acid production
process. (A discussion of the types of
sulfuric acid reclamation processes
intended for the exemption may be
found in paragraph.fl, column 1, of 50 FR
642.) In this case, the spent sulfuric acid
is not exempt as generated since it is not
suitable for feedstock in sulfuric acid
production, i.e., it must be stripped of
methyl bromide prior to being suitable
for introduction into the sulfuric'acid
production process. Thus, any time the
spent sulfuric acid stream is generated.
it is a hazardous .waste until stripped-to
produce feedstock for virgin sulfuric
acid production.
Also, the Agency clarifies that waste
K131, as defined in the proposal
includes both the reactor wastewater
stream and the acid dryer stream, either
as separate wastes or combined. In
order to clarify this point (i.e., that
waste K131 includes the sulfuric acid
stream), however, we have.modified
EPA Hazardous Waste No; K131 to read,
"Wastewater from the reactor and spent
sulfuric acid from the acid dryer from
the production of methyl bromide;"
b. Concentrations of dimethyl svlfate
and methyl hydrogen sulfate. In
addition, the commenter states thai this
waste stream does not contain
significant amounts of dimethyl sulfate, -
the hazardous constituerit of this waste;
it does, however, contain methyl
hydrogen sulfate.-which the commenter
states is non-toxic, and is destrpyedin
the reclamation furnace.
The Agency does not believe'that the
commenter has supplied any evidence-to
sustantiate the contention rhat-the
sulfuric'acid stream prior to stripping •
contains dimethyl sulfate at
concentrations mat would not'be
significant In'terms'ofpotentiarhszards
1o human health and'the-environment. ff
the-commenter wishes'to provide further
•evidence to demonstrate-that their
waste should'ba excluded front-
regulation, they should submit a
delisting petition pursuant to 40 CFR
260.20 and 280.22. ,
Regarding the commenter's point
about methyl hydrogen sulfate, the
Agency agrees that there is insufficient
evidence at this time to indicate that it is
toxic. Therefore, it was not included as
a constituent of concern for this waste.
As we stated hi the proposed-rule,
however, the waste does contain
considerable amounts of methyl
hydrogen sulfate (up to 25%). Since
methyl hydrogen sulfate is an acid
similar to sulfuric acid, this waste is .
expected to exhibit the corrosivity
characteristic specified in 40 CFR 281.22.
3. Spent Alumina Adsorbent
The commenter stated that then* spent
alumina is steam-stripped to remove
methyl bromide before the adsorbent'is
removed from the purification column.
The spent alumina was analyzed after
stripping and before landfilling, and no
methyl bromide was detected (at a
detection limit of 5 ppm). The
commenter cited as evidence the same
inter-office memorandum as was cited
in their comment on wastewater front
the reactor.
The Agency has reviewed the
evidence submitted by the comments
and has concluded that the spent
alumina contains significant amounts el
methyl bromide before steam-stripping.
Insufficient data was provided to
determine whether this procedure
sufficiently cleans the alumina so that'
the waste leaving the column would
contain insignificant concentrations of
hazardous constituents so as to allow an
exclusion of the stripped (derived from)
waste from the regulation. In particular, •
the Agency has inadequate information
on the commenter's test methods, how
the samples were collected, or the QA-/
QC used. If the commenter wishes to
provide further evidence to demonstrate
that their waste should be excluded
from regulation, they should submits
delisting petition pursuant to 40 CFR
230.20 and 260.22. (See "Petitions to
Delist Hazardous Wastes: A Guidance
Manual" NTIS #PB-85-194488,
available from: NTIS, 5285 Port Royal
Road. Springfield, VA 22181 (request'by
telephone at (703) 487-4850) for a
detailed discussion of the type of
information and data that Should be
included in the petition.) Because the
stripped absorbants are landfilled. there
is no question that the absorbents
before such treatment (stripping] are
solid wastes.
C, Mismanagement
'The'commenter believes that the
listing background document la
misleading, and that it implies that they
mismanaged their methyl bromide
wastes, resulting in air pollution
incidents around its plant in Magnolia,
Arkansas. The commenter stated that it
did not begin producing methyl bromide
at the Magnolia, Arkansas plant until
December, 19S3.
EPA had no intention of implying that
mismanagement of methyl bromide
wastes by the commenter resulted in air .
pollution incidents. It was stated that
methyl bromide was found in trace
quantities around several plants, one of
which was the commenter's plant in
Magnolia, Arkansas. In fact, the listing
background document specifically states
that the data cannot be directly
correlated with industrial practices.
Moreover, the Agency has concluded
that the source of the methyl bromide
could not be determined. To further
clarify this point, however, we have
moved this discussion from the
mismanagement section to the
environmental fate and transport
section of the listing background
document to show the persistence of
methyl bromide.
IIL Relation to Other Regulations
A. Proposed Toxicity Characteristic
As one of the .mandates of HSWA, the
Agency proposed to expand the toxiciry
characteristic (TC) by including
additional chemicals. Once
promulgated, the TC might capture
wastes generated by the methyl bromide
industry that are not covered by wastes
K131 and K132. Such wastes could
include waste waters and wasterwater
treatment sludges.
B. Land Disposal Restrictions
HSWA mandated the land disposal
restrictions for waste listed prior to the
enactment of HSWA under a specific
schedule (see 3004(g)(4}(c». If the
Agency failed to prohibit the wastes
within the period specified, the wastes
were restricted from land disposal
HSWA also requires the Agency to
make a land disposal prohibition
determination for any hazardous waste
.that is newly identified or listed in 40
CFR part 261 after November 8,1984
within six months of the data .of
identification or listing (RCRC section
3004(g)(4), 42 U.S.C. 6924(g)(4)).
However,'the statue does not provide
for an automatice prohibition of the land
disposal of such wastes if EPA fails to
meet this deadline. The Agency is
evaluating treatment standards for
newly listed wastes K131 and K132 and
will propose such standard in the future.
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Federal Register / Vol. 54. No. 193 / Friday. October 6. 1989 / Rules and'Regulations
414C3
IV. Test Methods for New Appendix VII
Compounds
Appendix in of 40 CFR part 261 is a
list of test methods that are approved
for use in demonstrating that the
constituents of concern in listed wastes
are not present at concentrations of :
concern. The approved methods for
methy bromide are 8010, 8240", and 8260.
The purposed listing (50 FR16432)
suggested use of Method 8250 for the
analysis of dimethyl sulfate in
Hazardous Waste No. K131. Because
most commercial laboratories now
prefer to use capillary column
chromatography to improve the
chromatographic resolution, we are also
adding Method 8270 to the list of those
suitable for analyzing dimethyl sulfate.
The difference between these two
methods is the use of a capillary column
gas chromatography technique instead
of a packed column technique.
Persons wishing to submit delisting
petitions must use these methods to
demonstrate the concentration of methyl
bromide and/or dimethyl sulfate in their
wastes. 2 (See 40 CFR 260.22{d)(l).) As
part of their petitions, petitioners shall
submit quality control data
demonstrating that the methods they
have used yield acceptable recoveries
(i.e.. >80% recovery at concentrations
above 1 ug/g) on spiked aliquots of their
waste.
The above methods are in "Test
Methods for Evaluating Solid Waste:
Physical/Chemical Methods," SW-846,
3rd Ed., available from: Superintendent
of Documents, Government Printing
Office, Washington, DC 20402, (202) 783-
3238, Document Number: 055-002-81001-
2.
V. CERCLA Designation and
Adjustment
All hazardous wastes regulated under
a RCRA hazardous waste number are
hazardous substances under section
101 (14) (C) of the Comprehensive
Environmental Response,
Compensation, and Liability Act of 1980,
as amended (CERCLA). Under section
103(a) of CERCLA, notification must be
• made to the Federal government of a
^release of any CERCLA hazardous
substance in an amount equal to or
greater than the reportable quantity
(RQ) assigned to that substance.3
1 Petitioners may use other test methods to
analyze for methyl bromide or dimethyl sulfate if,
among other things, they demonstrate the
equivalency of these methods by submitting their
quality control and assurance information along
with their analysis data. (See 40 CFR 200.21.)
'See 40 CFR part 302 for the list of CERCLA
hazardous substances and their RQs, as amended
August 14.1989, 54 FR 33418 and 54 FR 33426.
Pursuant to section 102(b)t)f CERCLA,
all hazardous wastes newly listed under
RCRA will have a statutorily imposed
RQ of one pound unless and until
adjusted by regulation.
If the person in charge of a vessel or
facility from which a RCRA hazardous
waste containing CERCLA hazardous
substances is released knows the
percentage composition of the waste,
then the "mixture rule" (40 CFR 302.6(b))
may be applied. Under the mixture rule,
releases of mixtures and solutions are
subject to CERCLA reporting
requirements only where a component
hazardous substance of the mixture or
solution is released in a quantity equal
to or greater than its RQ (40 CFR
302.6(b)). If the concentrations of all of-
the hazardous constituents present in
the mixture are not known, reporting is
required if the total quantity released
equals or exceeds the lowest RQ of any
of the hazardous constituents.
Adjustments from the statutory RQs
established under section 102 are based
upon an adjustment methodology
described in the final rule adjusting the
RQs of 340 hazardous substances. (See
54 FR 33426 (August 14.1989).) The
adjusted RQs for newly listed wastes
are based upon the RQs of the
"hazardous constituents" identified
under RCRA with respect to the new
hazardous waste. Thus, if a newly listed
hazardous waste has only one
constituent of concern, the waste will
have the same RQ as that of the
constituent. If the waste has more than
one constituent of concern, the lowest
RQ assigned to any one of the
constituents present in the waste stream
is the RQ assigned to the waste.
Under section 102 of CERCLA, all
hazardous wastes newly designated
under RCRA will have a starutorily-
imposed RQ of one pound unless and
until adjusted by regulation under
CERCLA. Inprder to coordinate the
RCRA and CERCLA rulemaking with
respect to new waste listings, the
Agency proposed regulatory
amendments under CERCLA authority
in connection with listing to: (1)
Designate wastes K131 and K132 as
hazardous substances under section 102
of CERCLA: and (2) adjust the RQs of
waste K131 to one pound (1 Ib.) and
waste K132 to one thousand pounds
(1,000 Ibs.), based on the application of
the RQ adjustment methodology under
section 102(a).
The RQs for each waste and for each
of the hazardous constituents are
identified in the table below. One of the
constituents of concern, dimethyl
sulfate, has an RQ that has now
undergone adjustment since the April
25,1985 proposed listing of methyl
bromide production wastes, and was
finalized in the August 14,1989 final
rulemaking (54 FR 33426). The final RQ
of waste K131 has thus been changed
based on the outcome of this rulemaking
from one pound to 100 pounds.
The adjustment of the RQs of wastes
K131 and K132 from the statutory one-
pound level is based on the current RQs
of the constituents in these listings.
Because the constituent in waste K131
with the lowest RQ is dimethyl sulfate,
with an RQ of 100 pounds, the RQ of
waste K131 is 100 pounds. Because the
constituent in waste K132 with the
lowest RQ is methyl bromide, with an
RQ of 1,000 pounds, the RQ of waste
K132 is 1,000 pounds. These RQs will
become effective on the effective date of
• today's action, when the wastes
simultaneously become hazardous
substances under CERCLA.
Hazardous
substance
Waste No. K131 ...
Waste No. K132 ...
Constituent
Dimethyl sulfate
Methyl bromide
Methyl bromide
RQ
100 Ibs
100 \bs.
1,000 Ibs.
1 000 Ibs
1,000 Ibs.
Filially,, although each listed
hazardous waste automatically becomes
a ha2;ardous substance under CERCLA
section JKH(14), the Agency also has
authority to independently designate
hazardous substances under section 102.
In order to eliminate confusion over
whether a released substance in a
particular form is subject to CERCLA
authority, the Agency designates under
section 102 all hazardous substances
designated under the other statutes
listed in section 101(14). Accordingly,
the Agency in today's rule also is
designating wastes K131 and K132 as
"hazardous substances" under CERCLA
section 102.
VI. State Authority
A. Applicability of Rules in Authorized
States
Under section 3006 of RCRA, EPA
may authorize qualified States to
administer and enforce the RCRA
program within the State. (See 40 CFR
part 271 for the standards and
requirements for authorization.)
Following authorization, EPA retains
inspection and enforcement authority
under sections 3007, 3008, 3013, and 7003
of RC1RA, although authorized States
have primary enforcement
responsibility.
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41406 Federal Register / Vdl. 54, No. 193 / Friday, October 6. 1989 / Rifles and Regulations
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
that State. The Federal requirements no
longer applied in the authorized State,
and EPA could not issue permits for any
facilities in the State that 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.
In contrast, under section 300B(g) of
RCRA, 42 U.S.C. 6928{g), new
requirements and prohibitions imposed
by the HSWA take effect in authorized
States at the same time that they take
effect in nonauthorized States. EPA is
directed to implement 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.
Today's rule is promulgated pursuant
to section 3001(e)(2) of RCRA. a
provision added by the HSWA.
Therefore, it has been added to Table 1
in 40 CFR 271.1(j), which identifies the
Federal program requirements that are
promulgated pursuant to the 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. Because EPA promulgated
rules regarding the tuning for HSWA
listings after this rule was proposed, the
existing regulatory time frames
supersede the discussions in the
preamble to the proposed rule.
B. Effect on State Authorization?
As noted above, EPA will,implement
today's rule in authorized States until
they modify their programs to adopt
these rules, and the modification is
approved by EPA. Because the rule is
promulgated pursuant to the 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 regulations that are
substantially equivalent or equivalent to
EPA's. The procedures and schedule for
State program modifications under
section 3006(b) are described in 4O CFR
271.21.The same procedure! should be
followed for section 3006(g)(2).
Section 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 modification to EPA for
approval. State program modifications
to conform to today's rule must be made
by July 1,1991, if only regulatory
changes are necessary, or by July 1,
1992, if statutory changes are necessary.
See 40 CFR 271.21(e)(2](iv) and
271.21(e)(2)(v). These deadlines can be
extended in exceptional cases. See 40
CFR 271.21(e)(3).
States with authorized RCRA
programs already may have regulations
similar to those in today's rule. These
State regulations have not been
assessed against the Federal regulations
being promulgated today to determine
whether they meet the tests for
authorization. Thus, a State is not
authorized to implement these
regulations in lieu of EPA until the State
program modification is approved. Of
course. States with existing regulations
may continue to administer and enforce
then- regulations 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 hi their efforts to implement their
programs, rather than take separate
actions under Federal authority.
States that submit official applications
for final authorization less than 12
months after the effective date of these
regulations-are not required to includa
standards equivalent to these standards
in their applications. However, the State
must modify its program by the
deadlines set form in 40 CFR 271.21(e).
States that submit .official applications
for final authorization 12 months after
the effective date of these standards
must include standards inHheir
application. Section 271.3 sets forth the
requirements a State must.meet when
submitting its final authorization
application.
VIL Compliance Dates
A. Notification
Under the Solid Waste-Disposal
Amendments of I960, (Pub. L. 96-452)
EPA was given the option of waiving the
notification requirement under section
3010 of RCRA following revision of'the
section 3001 regulations, at'the
discretion of the Administrator.
The Agency has decided not to
require persons who generate, transport,
treat, store, or dispose of these
hazardous wastes to notify the Agency
within 90 days of promulgation that they
are managing these wastes. The Agency
views the notification requirement to be
unnecessary in this case since we
believe that most, if not all, persons who
manage these wastes have already
notified EPA and received an EPA
identification number. In the event that
any person who generates, transports,
treats, stores, or disposes of these
wastes has.not previously notified and
received an identification number, that
person must get an identification
number pursuant to 40 CFR 262.12
before he can generate, transport, treat.
store, or dispose of these wastes.
B. Interim Status
Because HSWA requirements are
applicable in authorized States at the
same time as in unauthorized States, -
EPA will regulate K131 and K132 until
States are authorized to regulate these
wastes. Thus, once this regulation
becomes effective, EPA will apply
Federal regulations to these wastes and
to their management in both authorized
and unauthorized States. Facilities that
treat, store, or dispose of K131 and K132
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)(ii) of RCRA, as amended).
In order to operate pursuant to interim
status, the eligible facilities are required
to possess an EPA ID number pursuant
to 40 CFR 270.70(a), and will be required
to submit a part A permit application by
April 6,1990.
Under section 3005(e)(3), by April 6,
1991, land disposal facilities qualifying
for interim status under section
3005(e)(l)(A)(ii) also are 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
K131 and K132 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 by April 6,
1990.
Under current regulations, a
hazardous waste management facility
that has received a permit pursuant to
section 3005 ia not able to treat store, or
dispose of K131 or K132 until a permit
modification allowing such activity is
approved in accordance with § 270.42.
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Federal Register / Vol. 54. No. 193 f Friday. October 0, 1989 / Rules' and Regulations 41407
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.)
VIII. Regulatory Impact Analysis
Under Executive Order 12291, EPA
must determine whether a regulation is
"major" and, therefore, subject to the
requirements of a Regulatory Impact
Analysis. In the proposed listing, EPA
addressed this issue by citing the results
of an economic analysis; the total
additional incurred cost for managing
these wastes as hazardous by the
industry was estimated to be
approximately $23,000. The Agency
received no comments on this figure.
Since that time, the Agency has re-
evaluated the total additional costs that
would be incurred for managing these
wastes as hazardous by the industry as
approximately $43,500.
Since EPA does not expect that the
amendments promulgated here will have
an annual effect on the economy of $100
million or more, will result in a
measurable increase in costs or prices,
or have an adverse impact on the ability
of U.S.-based enterprises to compete in
either domestic or foreign markets, these
amendments are not considered to
constitute a major action. As such, a
Regulatory Impact Analysis is not
required.
IX. Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility
Act, 5 U.S.C. 601-612, whenever an
agency is required to publish a general
notice of rulemaking for any proposed or
final rule, it must prepare and make
available for public comment a
regulatory flexibility analysis that
describes the impact of the rule on small
entities (i.e., small businesses, small
organizations, and small governmental
jurisdictions). No regulatory flexibility
analysis is required, however, if the
head of the agency certifies that the rule
will not have a significant impact on a
substantial number of small entities.
The hazardous wastes listed here are
not generated by small entities (as
defined by the Regulatory Flexibility
Aft), and the Agency received no
comments that small entities will
dispose of them in significant quantities.
Accordingly, I hereby certify that this
regulation will not have a significant
economic impact on a substantial
number of small entities. This
regulation, therefore, does not require a
regulatory flexibility analysis.
X. Paperwork Reduction Act
This rule does not contain any
information collection requirements
subject to OMB review under the
Paperwork Reduction Act of 1S80,44
U.S.C. 3501 et seq.
List of Subjects
40 CFR Part 261
Hazardous waste, Recycling.
40 CFR Part 271
Administrative practice and
procedure. Confidential bu&iness
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.
Dated: September 29,1989.
William K. Reilly,
Administrator.
For the reasons set out in the
preamble, title 40 of the Code of Federal
Regulations is amended as follows:
PART 261—IDENTIFICATION AND
LISTING OF HAZARDOUS WASTE
1. The authority citation for part 261
continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921,
6922, and 6938.
2. In § 261.32, add the following waste
streams to the subgroup "Pesticides":
§ 261.32 Hazardous wastes from specific
resources.
Industry
and EPA
Hazardous waste
waste
No.
Haz-
ard
code
K131 Wastewater from the reactor (C, T)
and spent sutfunc acid from
the acid dryer from the pro-
duction of methyl bromide.
K132. Spent absorbent and (T)
wastewater separator soNds
from the production of methyl
bromide.
Appendix VII to Fart 261 [Amended}
3. Add the following entries in
numerical order to Appendix VII of part
261:
Industry and
EPA Hazardous constituents for which
hazantoto listed
waste No.
—— Dimethyl surEate. Melhyt bromide
K132 Methyl bromide.
Appendix III to Part 261 [Amended]
4. Add the following compounds and
_. analysis methods in alphabetical order
to Table 1 of Appendix III of part 261i
Compound
Method numbers
Dimethyl surfate
Methyl bromide
8250, 8270
8010. 8240, 8260
PART 271—REQUIREMENTS FOR
AUTHORIZATION OF STATE
HAZARDOUS WASTE PROGRAMS
5. The authority citation for part 271
continues to read as follows:
Authority: 42 U.S.C 6905, 6912(a), 6926, and
6937.
J 271.1 [Arnended]
6. Section 271.1(j) is amended by
adding the following entry to Table 1 in
chronological order by date of
publication:
(j) * * *
TABLE 1.—REGULATIONS IMPLEMENTING
THE HAZARDOUS AND SOLID WASTE
AMENDMENTS OF 1984
Promt^
gatton
date
»
October
6.
1989.
•
Title of
regulation
<» •
i Listing Wastes
from the
Production of
Methyl
Bromide.
• •
Federal
Register
refer-
ence
•
linsert
Feder-
al
Regis-
ter
page
num-
bers].
•
Effective
date
*
April 6,
1990.
*
PART 302—DESIGNATION,
REPOR TABLE QUANTITIES, AND
NOTIFICATION
7. The; authority citation for part 302
continues to read as follows:
Authority: Section 102 of the
Comprehensive Environmental Response,
-------
Compensation, and Liability Act of 1980,42
V.S.C. 9602; Sections 311 and 5OT(a) of the
Federal Water Pollution Control Act 33
U.S.C. 1321 and 1381.
§302.4
a Table 302.4 of 40 CFR 302.4 is
amended by adding the following entries
in numerical order:
Hazardous substance
K131
Wa
K132
wastewatef
CASRN
Regulatory
synonyms
Statutory
RQ
100
1000
Code
Waste
number
K131
K132
Final RQ
Cate-
90iy
Pounds (kg)
100 (45.4)
1000(454)
[FR Doc. 89-23584 Filed 10-5-89:8:45 am]
BILUNQ COOe «MO-50-M
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