Monday
December 11, 1999
Part VI
Environmental
Protection Agency
40 CFR Parts 261, 271, and 302
Hazardous Waste Management System;
Identification and Listing of Hazardous
Waste CERCLA Hazardous Substance
Designation; Reportable Quantity
Adjustment; Rnal Rule
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50968
ft** ««- / yol. M. No. „ , Monda, „_,., ^ i9m / ^ ^ g____
irtVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 261,271, and 302
lSWH-fHL-3*30-«; EPA/0*W-«Mt-01t|
Haxardoyt Watt* Manaotmtnt
Sy»ttm: Jdtntmcatten and Usjttng of
&SSSZSEZZ "RClAlSSrdott,
SuDitanc* Designation; Rtport-M*
Quantity Adjustment
AGENCY: Environmental Protection
Agency.
*cno*c Final rule.
SUMUAAY: The Environmental Protection
Agency (EPA) today is amending its
regulations under the Resource
Conservation and Recovery Act (RCRA)
by listing as hazardous one generic
category of waste generated during the
manufacture of chlorinated aliphatic
hydrocarbons by free radical catalyzed
processes having carbon chain lengths
ranging from one to five (EPA
Hazardous Waste No. F025). EPA is also
responding to comments on another
generic category of waste (that was
promulgated as an interim final rule on
February 10.1984) generated by the
No. F024); the Agency is also finalizing
this listing: w thout substantive change.
3Sn# ?* 'l8^1?8 descriP«°n has been
clarified. In addition, the Agency is
finalizing the addition of two toxicants
to Appendix VIII of part 281. The effect
of this regulation is that these wastes
will be or will continue to be subject to
regulation, respectively, as hazardous
under 40 CFR parts 281-268.288.270.
271. and 124. This action, however, does
not apply to wastes generated during the
production of chlorinated aliphatic
hydrocarbons that were previously
listed as hazardous on May 19,1980.
In addition, the Agency is also making
final amendments to CERCLA
regulations In 40 CFR part 302 that ars
related to today's final hazardous waste
Isting. In particular. EPA is making final
the designation as hazardoua substances
Jnder CERCLA all of the wastes made
final in today's rule and the final
reportable quantities that would be
applicable to those wastes.
Maiifw1 (K°°m.2427) f08-305'' «"
M street, SW.. Washington. DC 20480.
The public must make an appointment
by calling (202) 475-9327 to review
docket materials. Refer to "Docket
number F-89-CCAF-FFFFF" when
making appointments to review my
background documentation for this
rulemaking. The public may copy a
maximum of 100 pages of material from
any one regulatory docket at no cost:
additional copies cost $0.15 per page.
Copies of the non-CBI version of th«
listing background document Health
and Environmental Effects Profiles
(HEEPs). 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 rulemaking are
contained in Room 2427. U.S. EPA. 401
M St.. SW.. Washington. DC 20480. The
docket is available for inspection from
9:00 a.m. to 4:00 p.m. Monday through
Friday. As provided in 40 CFR part 2. a
reasonable fee may be charged for
copying services.
%* SJU"?1 iMromtA-no* CONTACT:
The RCRA/Superfund Hotline, at (800)
424-9348 or at (202) 382-3000. For
technical information, contact Mr. John
Austin, y sting Section. Office of Solid
Waste (OS-JJ33). .t (202) 382-4789. For
technical Information on the CERCLA
final rule, contact Ms. Ivette Vega.
Response Standards and Criteria
ff^ft — — —«, •* t •/ * **9\"J119V UIVIVK
(OS-210). Both are available at US.
Environmental Protection Agency. 401
. Washington. DC 20480.
•-*•****.«,»« wi9* 4 JIB UflUljJ
pA Hazardous Waste No. F025
becomes effective on June 11.1990; the
amended listing for EPA Hazardous
Waste No. F024 becomes effective June
11* 1990.
AotHWMtS: The RCRA docket is
located at the following address, and is
open from fi to 4, Monday through
Friday, excluding Federal holidays: EPA
Outline
I. Legal Authority
• U. Background
m. Summary Of The Final Regulation
IV. Response to Comment.
A. Clarification of the Scope of the Listint
a Applicability of Rule* to Wastes That
Are Recycled
n Ef0?0**1 to u»' Condensable Light Ends
O. Evaluation of the Hazardous Properties
of the Wastes
V. Relation to Other Regulations
A. Proposed Toxicity Characteristic
"• Land Oispoial Reitrlctions
VL Test Methods for Compounds Added to
Appendices VII and Vffl
vn. Compounds Added to /
VTIL CERCLA Designation.
Quantities
These regulations are being
promulgated under the authority of
sections 2002(a) and 3001 (b) and (e)(2)
of the Solid Waste Disposal Act. as
amended. 42 U.S.C. 6912(a) and 8921{b)
and (e)(2) (commonly referred to as
RCRA). and section I02(a) of the
Comprehensive Environmental
Response. Compensation, and Liability
Act of 1980, 42 U.S.C. 9602(aJ.
II. Background
XMW**UUDV
IX State Authority
A. Applicability of Rules in Authorized
States
a Effect on State Authorizations
X. Compliance Dates
A. Notification
a Permitting
XI. Regulatory Impact Analysis
XIL Regulatory Flexibility Act
Xin. Paperwork Reduction Act
Pursuant to section 3001 of subtitle C
of the Resource Conservation and
Recovery Act (RCRA). this notice
finalizes the listing of two generic
categories of wastes generated during
tilt manufacture of chlorinated aliphatic
hydrocarbons as hazardous wastes. The
following discussion provides a brief
overview of regulatory actions affecting
the wastes being finalized today.
On August 22.1979 (44 FR 49402), the
Agency proposed, among other things, to
list as hazardous, by generic description
a number of wastes generated from the
production of chlorinated aliphatic
hydrocarbons. On May 19.1980. EPA
promulgated an interim final rule which
listed as hazardous a number of wastes
from the production of specific
chemicals within the general class of
chlorinated aliphatic hydrocarbons:
however, the generic listing was not
promulgated at that time (see 45 FR
33064).
Then, on February 10.1984 (see 49 FR
5308-5315), the Agency, in two separate
actions, proposed the listing of one
generic category of waste and made an
interim final listing of a second generic
category of waste generated during the
manufacture of chlorinated aliphatic
hydrocarbons • by free radical
catalyzed processes, which have carbon
chain lengths ranging from one to and
including five ("Cl-CS").* The category
' "Chlorinated aliphatic hydrocarbon." (alio
known is "chlorinated aliphatic.") refer, to a claw
oTariaiiic compound* "Hydrocarbona" are organic
compound, (molecule*) compoMd tolely of the
ato»a hjrdiusau and carbon. -Alinhai,^- de.ignate.
Jfc-ThSSir0 ?!!iCf?0•
J™g*' "J""* <* «"Pl« eovaleni (not aromatic)
i^^ rl*c «"?'»«« hydrocarbon, ar. included
to Ate claat.) "Chlorinated" mtana thai lome of the
2'dn?"»_itom» -« *• "•liphalic hydrocarbon"
Mve DMocotralcaily repUcad with chlorma aiomi
•t one or more different poaiUow.
. -_ "-"-«" uuonnaiM aliphatic hydrocarbon.
•re not produced In lignificant quantity in the Lr S.
"yneseneric chemical reaction process*.
•dffl«B«el by diaae listing*. Second, and more
Imjoruntlj. the higher molecular weight
T? paraffin manufacturing proce»ie.
typteauy do not produce .ignificant amount, of
organic re.iduala.
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Federal Register / Vol. 54. No. 238 / Monday, December 11. 1989 / Rules and Regulations
50969
o! wastes that became effective a»
interim final regulations, and thus has
been in effect as EPA Hazardous Waste
No. F024 since August 10.1984. included
distillation residues, heavy ends. tars.
and reactor clean-out wastes (49 FR
5308-5312). Today's notice provides the
Agency's response to a number of
comments that were received on the
interim final rule. Only minor changes to
the F024 listing are being made in
response to these comments.
The proposed listing included light
ends, spent Filter and filter aids, and
desiccant wastes (49 FR 5313-5315).
With the exception of light ends, today's
notice finalizes the proposed listing of
these residuals as EPA Hazardous
Waste No. F02S. The category of light
ends has been narrowed in scope in this
final rule to include only those light ends
that have been condensed. These
listings also do not include wastes from
those processes that generate
chlorinated aliphatic waste that EPA
listed specifically in 198Q—namely EPA
Hazardous Waste Nos. K018. K018,
K019. K020. K028, K029. K030, K095. and
K096.
The basis for both of these actions
was a determination by the Agency that
the proposed and interim final
wastestreams contained a wide range of
potentially carcinogenic, mutagenic.
teratogenic, or otherwise chronically or
acutely toxic chlorinated and non-
chlorinated organic compounds, which
are listed below:
Table 1—Toxicants of Concern
Chloromethane
Dichloromethane
Trichloromethane
Carbon tetrachloride
Chloroethylene
l.l-Dichloroethane
1,2-Dichloroethane
trans-1.2-Dichloroethy!ene
1,1-Dichloroethylene
1,1,1-Trichloroethane
1,1.2-Trichloroe thane
Trichloroethylene
1,1,1,2-Tetrachloroe thane
1.1,2,2-Tetrachloroethane
Te trachloroe thy lene
Pentachloroethane'
Hexachloroe thane
3-Chloropropene
Epichlorohydrin
Dichloropropane
Dichloropropene
2-Chloro-1.3-butadiene
Hexachloro-l,3-butadiene
Hexachlorocyclopentadiene
Benzene
Chlorobenzene
Dichlorobenzenes
1.2,4-Trichlorobenzene
Tetrachlorobenzene
Pentachloro benzene
Hexachlorobenzene
Toluene
Naphthalene
One or more of these toxicants are
typically present in each waste a I
significant concentrations, although
each waste does not contain all of the
individual toxic constituents of concern.
The Agency originally inferred the
presence of these toxicants from
knowledge of free radical reaction
chemistry and from manufacturing
process conditions. In conjunction with
this theoretical predictive methodology,
the Agency obtained representative
samples and confirmed the presence of
these contaminants through chemical
analysis. These hazardous constituents
are mobile and persistent, and can reach
environmental receptors in harmful
concentrations if these wastes an
mismanaged. (See the preambles to the
interim final and proposed rules it 49 FR
5308 and 9313 for • more detailed
explanation of our basis for listing these
wastes as hazardous.)
On November 8,1984, the Hazardous
and Solid Waste Amendments of 1984
(HSWA) were enacted. These
amendments had far-reaching
ramifications for EPA's hazardous waste
regulatory program. Section 3001(e)(2),
which was ona of the many provisions
added by HSWA, directed EPA to make
a decision on whether or not to list
under subsection (b)(l) several wastes,
including chlorinated aliphatics. as
hazardous. By finalizing these two
chlorinated aliphatics waste listings, the
Agency is fulfilling its mandate under
section 3001(e)(2) of RCRA.*
HSWA prohibits the land disposal of
hazardous wastes. It also requires the
Agency to set levels or methods of
treatment that substantially diminish the
toxicity of the waste or substantially
reduce the likelihood of migration of
hazardous constituents from the waste
so that threats to human health and the
environment are minimized. Wastes that
meet the treatment standards are not
prohibited and may b« land disposed. A
treatment standard is based on the
performance of the best demonstrated
available technologies (BOAT) to treat
the waste. For a waste identified or
listed after HSWA was enacted, the
Agency has six months to determine
specific treatment standards which the
waste must achieve prior to land
disposal BOAT standards for waste
9 Throughout the remainder of thi» notice, all
reference* to th* final listing of thtM two
chlorinated aliphatic* waitet mean th* final lilting
of wait* F024. which wa§ promulgated t* an interim
final rule, and the final listing of th* propoMd wait*
F023.
F024 were promulgated on June 23.1989.
In the Land Disposal Restrictions for the
Third Third of Scheduled Wastes
Proposed Rule, the Agency is proposing
BOAT standards for waste F025.
HI. Summary of the Final Regulation
This regulation finalizes the listing as
hazardous the following wastes
generated from the production of
chlorinated aliphatic hydrocarbons by
free radical catalyzed processes, having
a carbon content ranging from one to
and including five, with varying
amounts and positions of chlorine
. substitution:
• F024—Process wastes, including but
not limited to, distillation residues.
heavy ends. tars, and reactor clean-out
wastes, from the production of certain
chlorinated aliphatic hydrocarbons by
free radical catalyzed processes. These
chlorinated aliphatic hydrocarbons are
those having carbon chain lengths
ranging from one to and including five.
with varying amounts of positions of
chlorine substitution. (This listing does
not include wastewaters, wastewater
treatment sludges, spent catalysts, and
wastes listed in i 281.31 or i 261.32.)
• F025—Condensed light ends, spent
filters and filter aids, and spent
desiccant wastes from the production of
certain chlorinated aliphatic
hydrocarbons, by free radical catalyzed
processes. These chlorinated aliphatic
hydrocarbons are those having carbon
chain lengths ranging from one to and
including five, with varying amounts
and positions of chlorine substitution.
The major commercial products
produced by the free radical catalyzed
chemical manufacturing processes of
C1-C5 chlorinated aliphatic
hydrocarbons (from which the listed
residual wastes are generated) irdude
but are not limited to the following
products:
Table 2—Major Commercial Products
Carbon tetrachloride
1-Chlorobutane (/7-Butyl chloride)
Chloroethane (Ethyl chloride)
Chloroform (Trichloromethane)
2-Chloro-1.3-butadiene (Chloroprene)
Chloromethane (Methyl chloride]
2-Chloro-2-methylpropane (/-Butyl
chloride)
3-Chloro-2-methylpropene (Methallyl
chloride)
3-Chloropropene (Allyl chloride)
Dichlorobutadiene
Dichlorobutenes
1,4-Dichlorobutyne
1,2-Dichloroethane (Ethylena dichloride)
Dichloromethane (Methyler.e dichloride)
1,2-Dichloropropane
1.3-Dichloropropene
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50970 Federal Register / Vol. 54. No. 236 / Monday. December 11. 1999 / Rules and Regulations
Hexachlorocydopentadiene
Tclrachloroethylen* (Perchloroethylene)
1.1,1-Tridrioroe thane
1.1,2-TrlchIoroathane
Trfchloroethylene (1.1.2-
Trichloroethene)
1.2,3-Trichloroproptnt
1,2,3-Trichloropropene
Vinyl chloride (Chloroethene)
VInylldene chloride (1.1-Dichloroethene)
EPA has evaluated the wastes
generated from the production of these
products against the criteria for listing
hazardous wastes (40 CFR 261.11(a){3)),
and has determined that they typically
contain high concentrations of the
constituents of concern listed in Table 1.
that the toxicants on mobile and
persistent in the environment thai these
wastes have been mismanaged in the
past, and that many of the toxicants in
(he wastes are regulated by other EPA
regulations, as well as by regulations of
other government agencies. The Agency,
therefore, believes that these wastes are
capable of posing a substantial present
or potential threat to human health or
the environment when improperly
treated, stored, transported, disposed of.
or otherwise managed, and thus are
hazardous wastes.
Additional information on the hazards
of theie wastes and the toxicant
constituents of these wastes may be
found in the listing background
document and the Health and
Environmental Effects Profiles, available
as described in the "ADDRCSSES"
section.
With respect to the proposed listing of
light ends, the Agency also included a
discussion of its authority under RCRA
to regulate uncondensed and
uncontainerized gases, which are liquids
at standard temperature and pressure.
The notice did not propose that the light
ends must be condensed: however,
under the proposal the light ends would
have been subject to the applicable
regulations, even when they remain in
the gaseous state. Based on further
analysis, the Agency now believes that
our authority under RCRA is limited to
the regulation of only containerized or
condensed gases.
The Agency also added two
componunds, 2-chloro-1.3-butadiene
(chloroprene) and 3-chloropropene (allyl
chloride), to Appendix Vin of Part 281.
the list of hazardous constituents
identified by the Agency as exhibiting
toxic, carcinogenic, mutagenic, or
teratogenic effects on humans or other
life forms. (See 49 FR 5311, February 10,
19S4.)
IV. Response to Comments
EPA received comments on all aspects
of the interim final and proposed
regulations. The comments were
submitted by generators of these wastes.
an association which represents such
generators, and public interest groups.
The Agency has evaluated these
comments carefully, and has modified
the regulation, as well as the supporting
documentation, as appropriate. This
notice finalizes both the interim final
and proposed regulations of February
10,1984. This section presents some of
the major comments as well as EPA's
response to many of the comments
received on both of these actions. In
addition to material in this preamble.
the Agency's response to these
comments is also set forth in the revised
listing background document available
in the public docket for this rulemaking
at EPA Headquarters—see
"ADDRESSES" section.
A. Clarification of Scope of the Listing
A number of commenters objected to
the Agency listing these wastes as a
generic class. In particular, the following
comments were made:
1. Before challenging the Agency's
substantive decisions, several
commenters argued that the Agency
lacks the legal authority to list wastes
genetically, citing the House Committee
Report which states "* * * the
Administrator shall promulgate
regulations identifying and specifically
listing those hazardous wastes subject
to this title." (See H.R. Rep. No. 94-1491.
94th Cong.. 2nd Seas, at 50.) One
commenter, however, supported such an
approach, arguing that a waste-by-waste
listing would be very inefficient and
probably incomplete.
EPA has no doubt as to the legality of
its authority to list wastes genetically,
and has already responded to such
challenges (see preamble to part 261.45
FR 33114. May 19,1980).
2. A number of commenters expressed
concern that a generic listing would
create an inequitable situation for those
persons who generate a waste that
would be included in the generic class.
but which may not be hazardous.
In reviewing the available data, the
Agency found in all instances that
wastes that would be included in the
listing description contained significant
levels of one or more of the hazardous
constituents of concern that would
cause die Agency to consider the waste
hazardous. In fact the Agency carefully
reviewed the various generic production
processes to ensure that no waste was
mistakenly included in the listing. As
discussed in the listing background
document, the concentrations of the
toxicants of concern were many orders
of magnitude above the levels
associated with human health concerns.
In addition, the solubilities of the
hazardous constituents of concern were
also many orders of magnitude above
the same levels. Thus, only a small
fraction of the hazardous constituents
present in the wastes need migrate and
reach environmental receptors to pose a
substantial hazard to human health and
the environment
The Agency used these data in
combination with a methodology based
on free radical chemical mechanisms to
predict that significant concentrations of
toxicants would be present in all of the
wastes from these generic processes. In
no instance did the Agency receive any
comment refuting, or even questioning.
the validity of this predictive
methodology: nor was any analytical
data provided by the commenters that
would refute the listing. We, therefore.
disagree with the commenters. It ahould
be noted, however, that if a person does
generate or manage a waste that
contains insignificant levels of the
various hazardous constituents (i.e.. that
person believes that the waste it
nonhazardous}, then the person may
petition the Agency to delist this waste
on a case-by-case basis. See 40 CFR
2OX20 and 260.22.
3. Several commenters argued that an
efficient delisting procedure was not
available for the exclusion of wastes in
the generic class which do not have the
hazardous properties for which they
were listed. They commented further
that even if an efficient procedure were
available, no guidance was available as
to the criteria, such as concentration
levels of hazardous constituents, used to
determine if a waste was no longer
hazardous.
As discussed above, the Agency does
not believe that the wastes listed in
today's rule would, without treatment.
qualify as nonhazardous.
Notwithstanding, the Agency
acknowledges that there were tome
historical problems with the delisting
program. Since 1984, these problems
have mostly been resolved at the staff
has gained experience with the program
and guidance has been developed (see
Petitions to Delist Hazardous Wastes: A
Guidance Manual April 1985. EPA/530-
SW-85-003) to assist the regulated
community in preparing delisting
petitions.
4. Several commenters objected to
including in the listing description for
EPA Hazardous Waste No. F024 the
phrase "including but not limited to."
The commenters argued that the phrase
is ambiguous, overly broad, and in
conflict with the language from H.R.
Rep. No. 94-1491, which states that the
Agency should promulgate regulations
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50£
identifying aad specifically lilting
wastes. In addition, the commenters
claimed that no hazard criteria can be
used in evaluating the waste if the
waste is not even identified.
The Agency disagrees with the-
commenters. The listing is sufficiently
specific. The listing description clearly
states that all waste* from the subject
process (except those that are
specifically excluded) are covered by
the listing; the process is identified
unambiguously in both the Federal
Register notice and in the listing
background document (i.e., the support
documentation provides a detailed
description that explains the sources in
the process from which the wastes are
generated). Likewise, we have carefully
explained our basis for defining these
wastes as hazardous—namely, that
these wastes are hazardous after
considering the concentration of the
toxicants in the waste, their propensity
to migrate and persist as well as other
relevant criteria in f 28141(a)(3). As
discussed in the February 10.1984 rule.
many of these toxicants also are
bioaccumulative, increasing the risk of
exposure to higher levels of toxicants.
The Agency has evaluated a large
number of waste streams that contacted
the raw materials, intermediates, or
product streams. These wastes contain
significant amounts of the hazardous
constituents of concern. No commenters
provided any data refuting this
information. Also, as is discussed more
fully in the background document any
wastes generated from new or modified
processes not discussed specifically in
the background document are expected
to generate wastes similar to F024. If
wastes generated by new or modified
processes are significantly different
then a generator may always submit a
delisting petition to the delisting
program. The Agency, therefore,
perceives no general difficulties with
including the phrase "including but not
limited to" in the listing description.
5. One commenter believed that listing
all spent filters, filter aids, and
desiccants unduly penalized
manufacturers by requiring RCRA
permits when they decontaminate these
materials and return them to the
process. Another commenter argued that
wastes (La., spent desiccants, filters, or
filter aids) which do not come into
contact with or derive from the product
line (but which are derived from the
production process) should not be
included in the generic listings.
With regard to the first point although
the Agency believes it important to
encourage the recycling of hazardous
waste, the Agency is guided by the
principle in RCRA that the paramount
and overriding statutory objective of
RCRA is protection of human health and
the environment The statutory policy of
encouraging recycling is secondary and
must give way if it is in conflict with the
principal objective. See SO FR 618,
January 4.1985. In addition, where
Congress wished to further the recycling
objective it said so explicitly. See RCRA
section 3014 (recycled oil). Indeed, there
have been a number of instances of
environmental damage {/.&.
groundwater contamination) caused by
improper storage of hazardous wastes
awaiting reclamation. See Appendix A
at 50 FR 658 for a summary of damage
incidents resulting from the recycling of
hazardous wastes. It should be noted.
however, that once the filters.
desiccants. etc.. are reclaimed and
returned to the process as usable
products, these filters, desiccants. etc..
are no longer considered wastes, and so
are not subject to the RCRA subtitle C
regulations. See 40 CFR 281.3(c)(2); see
also 50 FR 634. January 4.1965. Permits
are required for storage prior to
reclamation. See 40 CFR 281.B(c).
As to the other commenter'* point the
Agency agrees that if a waste generated
from the generic process does not come
into contact with or derive from the
product line (or any raw materials or
wastes), the waste should not be
included in the listing description for
waste FOZS. However, the Agency is not
aware nor was any information
provided by the commenter of how a
waste, which is derived from the
production process, would not come into
contact with the raw materials,
intermediates, or wastes.
6. A number of commenters agreed
with the Agency that wastewaters
derived from these processes should not
be included in the listing. (One
commenter, however, argued that both
wastewaters and the wastewater
treatment sludges should be listed: see
next comment for details.) The
commenters believe that the wastewater
exclusion would not function as such.
however, since any de minimi's losses
that leak or spill-from the process would
be washed into the wastewater
treatment system and would cause the
wastewaters to be hazardous via the
mixture rule. They, therefore,
recommend that the listing be modified
to specifically exclude those de minimi's
losses that become mixed with the
wastewaters.
The Agency agrees with the
commenters that wastewaters and
wastewater treatment sludges should
not be listed (see 49 FR 5308, February
10,1964, for our basis on this
determination): however, if waste F024
and F02S is leaked or spilled and then
washed into the wastewater treatment
system, the Agency believes that the
wastewater should be hazardous by the
mixture rule. The Agency explained in a
previous rulemaking its reasons for
excluding and including within the
hazardous waste system mixtures of
certain listed wastes and solid wastes
such as wastewaters (see 48 FR 56582.
November 17.1981). In particular, in that
rule, the Agency exempted from the
mixture rule certain wastewater
mixtures where the listed hazardous
wastes will be present in such low
concentrations that they do not pose a
substantial hazard to human health or
the environment and often will be
treated in the plant's chemical,
biological, or physical wastewater
treatment system.
The Agency believes that only the
spent solvents (wastes F001-F005.) listed
in f 28141, the commercial chemical
products listed in f 261.33, and
wastewaters resulting from laboratory
operations (where the wastewater
coming from the laboratory is a small
percentage of flow into the wastewater
treatment system) should be covered by
the wastewater mixture exemption
because they are seldom principal
wastestreams and often are discharged
in smell quantities into wastewaters as
a practical way of managing them. On
the other hand, the Agency believes that
the other hazardous wastes listed in
! 261.31 (including the F024 and F025
wastes being listed in this rulemaking)
and those listed in I 261.32 typically are
generated in large volumes relative to
the non-hazardous wastewaters
generated at the same plant and. if
mixed with the wastewater. often
constitute a significant portion of the
wastewater mixture, thereby causing the
mixture to pose a substantial hazard to
human health or the environment.4
Moreover, as the Agency noted in
exempting mixtures of small quantities
of spent solvents and wastewater from
the mixture rule, it is not always
possible to collect and segregate spent
solvents. For example, small spills or
incidental losses from various
degreasing or maintenance operations
around the plant are often difficult to
prevent or control, even where careful
4 Sever*! of tha hazardous constituent! in wastes
F024 tod FIOS «rt also lilted spent solvents.
However. proc*u wssus (such a* FQ24 and fOCS]
when solvents were used as rescunti or
Ingredients In the formulation of commercial
caemicol products in not covered by the F001-FOOS
spent solvent Uatings (see SO FR S331S. December 31.
1965}. Thtrsfasv. (hi ousting waitewattr mi \;ure
exemption aoes not apply to these listed WQL'.C*.
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50972 Federal Renter / Vol. 54. No. 236 / Monday. December 11. 1969 / Rules and Reflations
operating procedures are followed. Such
small quantities of spent solvents
sometimes drain or are washed into
vvastewater sewer systems: in certain
circumstances, it is also reasonable to
discharge these small quantities into the
nearest sewer connected to the
wastewater treatment system. 46 FR at
56584. In contrast. EPA believes that in a
well-designed and managed
manufacturing plant for chlorinated
aliphatic hydrocarbons, it is not
unreasonably difficult to prevent small
amounts of wastes from leaking or
spilling into the wastewater system.
Unlike the widespread prevalence of
spent solvents throughout the plant
F024 and F025 wastes are principal
waste streams and will be removed from
discrete process units and confined and
managed as hazardous wastes when
this rule is finalized. For all these
raasons. EPA believes that it would be
unwise and unnecessary to create an
additional exemption to the mixture rule
f.'-r mixtures of F024 and F025 wastes
and wastewater.
The regulated community may
pMition for an exclusion of any
hazardous waste mixture on a
generator- or waste-specific basis
(which would require representative
tlata from the industry). At this time, the
Agency does not have sufficient
information to make such • generic
exclusion with the confidence that
public health and the environment
would still be protected; therefore, we
firs not modifying the rules. Another
approach that the Agency is considering
to address this situation is to establish
ds minimis regulatory levels for
hazardous constituents in listed
hazardous waste, including hazardous
waste mixtures and residues.
7. One commenter stated that the
Agency had sufficient data to list
wastewater and wastewater treatment
sludges at the time of the proposed and
interim final rules. Such evidence was
said to include ten damage cases from
wastewater treatment lagoons described
in the listing background document
Although many incidents of
•-antamination of ground water by
Chlorinated organic* have been
documented as a result of storing or
treating wastewaters in unlined surface
impoundments, the Agency has been
able to document only two incidents
which could be tied definitively to the
manufacture of C1-C5 chlorinated
aliphatic hydrocarbons. The incidents
cited by the commenter provide
evidence of the migratory potential of
the hazardous constituents of concern in
aqueous waste. However, the Agency
does not have sufficient data at this time
to characterize wastewater streams.
which may be highly variable in regard
to constituent concentrations. If the
Agency obtains more data, it will be
able to fully evaluate wastewaters and
wastewater treatment sludges from
these processes to determine if they
should be listed. Notwithstanding the
possibility of any such future
determination, EPA believes that
today's action satisfies the requirement
in RCRA section 3001(e)(2) to make •
determination of whether or not to list
chlorinated aliphatic*. Any future
listings would be pursuant to EPA'*
general authority to list hazardous
wastes under section 30Ol(b).
S. One commenter believed that the
listing of light ends would be redundant
since most of the constituents of these
waste* are currently regulated under
S 261.33(0-
The commenter is apparently
confused. The listing of commercial
chemical products under | 28143(f) does
not apply to process waste streams.
Rather, these listings cover unused
commercial chemical products, which
become wastes when disposed or are
intended for disposal. Commercial
chemical product* consist of the pure
grade of the chemical any technical
grades of the chemical and all
formulations in which the chemical is
the sole active ingredient in a
formulated product Listing under
i 281.31 covers wastes that are
generated during certain generic
production processes, such as the
manufacture of chlorinated aliphatic
hydrocarbons. Thus, the listing of light
ends in waste F02S would not be
redundant with already listed wastes.
B. Applicability of Rules to Wastes That
are Recycled
Several commenters pointed out that
several of the wastes may be sold as
raw material* and, therefore, are not
wastes. By listing them, they believed
that there would be an unwarranted
burden imposed on the sale of these
residuals, even if necessary permitting
and delisting procedures were complied
with, thus encouraging customers to buy
other feedstocks. Several other
commenters requested that the Agency
refrain from listing these wastes until it
makes final its recycle/reuse rules.
The Agency agrees with the
commenters that in many cases light
ends from the manufacture of C1-C5
chlorinated aliphatic hydrocarbons are
products and are sold as such. However,
this is not always the case. If. in fact
light ends are sold a* products, then the
January 4.1985 definition of solid waste
regulations deal with the question of
which materials being recycled (or held
for recycling) are solid and hazardous
wastes. See SO FR 614. Among other
things, the rule states that materials
used or reused as an ingredient in an
industrial process to make new products
(provided the material* are not being
reclaimed), or used or reused as
effective substitutes for commercial
products (again without being
reclaimed), are not solid wastes. (See 40
CFR 281.2(8). 50 FR 664. and also
preamble discussion at 50 FR 837.) If
these residue* (regardless of whether
they are listed) are recycled in this
manner, they are not considered solid
waste* and therefore by definition are
not hazardous wastes. See 40 CFR 261.3.
However, these materials may still be
solid and hazardous wastes if: (1) They
are used/reused in a manner
constituting disposal or used to produce
products that are applied to the land: (2)
they are burned for energy recovery or
used to produce a fuel; (3) they are
reclaimed: or (4) they are accumulated
speculatively. See 40 CFR 261.2(e).
(Since the recycle/reuse rules have
already been promulgated, the second
comment is moot.)
C Proposal to List Condensable Light
Ends
Several commenters objected strongly
to the Agency's proposal to list light
end* which are in the gaseous state but
condensable by currently feasible
technology to liquids at ambient
temperature and pressure. The following
arguments were offered.
Several commenters stated that the
Agency does not have authority under
RCRA to regulate gaseous process
emissions, since these are not solid
wastes (i.e.. they are not "contained
gaseous material") as stated in the
definition of solid waste. See RCRA
section 1004(27). One commenter,
however, supported the Agency by
saying the proposal to regulate
condensable light ends does not reflect
in any way upon previous Agency policy
applicable to contained gaseous
materials, since these condensable light
ends are not gaseous materials in the
first place. Some commenters expressed
the opinion that circumvention of
regulation under RCRA by heating
wastes to the gaseous state could be
prevented by current permitting
procedures.
Other commenters claimed that the
fact that the Agency had previously
listed light end* which were generated
in the gaseous state did not empower
the Agency to take similar action at a
later date. One commenter also stated
that the reason the phthalic anhydride
listing of wastes K023 and K093 was not
-------
Federal
/ Vo|. 54. No. 236 / Monday. December 11. 1999 / Rule, and Relation.
questioned in 1980 was became, at that
time, it was assumed that the listing
only applied to the light end* in the
condensed state. One cotmnenler further
argued that the phthalic anhydride light
ends listing was not analogous, since the
phthalic anhydride light ends contained
maleic anhydride and phthalic
anhydride, which was emitted from the
process as participates.
In addition, commenters objected to
regulation under RCRA of gaseous
emissions for other reasons, including
that permitting would have a significant
economic impact: that there currently
are no standards for flares (and
subsequently, permitting would be
difficult); that regulation of fugitive
emissions of gaseous liquids from valves
and pipes might follow regulation of
gaseous light ends under RCRA: that
condensation of light ends to ambient
temperature could cause equipment
corrosion: and that the Agency had not
adequately characterized these gaseous
emissions.
In its proposal, the Agency explained
that it believed that the exclusion from
RCRA of gaseous materials that are not
contained applied only to "true gases"—
namely, those which are not capable of
beiag condensed and which remain
gaseous at standard temperature and
pressure. Our concern was that a plant
could evade regulation by designing a
process to keep the process emissions in
a gaseous state. See 49 FR 5314,
February 10.1984. Such a result could
create human health and environmental
concerns. For example, in the Bhopal
incident a volatile liquid (methyl
isocyanate) escaped confinement from a
storage tank in a situation analogous to
the storage of condensed light ends.
Upon reconsideration of this issue
(with the benefit of the comments
received on the proposed rulemaJdng),
EPA now believes our authority to
identify or list a waste as hazardous
under RCRA is limited to containerized
or condensed gases (i.a.. section 1004(27)
of RCRA excludes all other gases from
the definition of solid wastes and thus
cannot be considered hazardous
wastes).*
turn* incinerator* {eoaUiaaa at U» nr«ambli to *&•
incineration regulation*) nnuln*4n •fiaet Sea 47
FR 27S30. June 24, iflSiPuuM incinerator* an
installed •• air pollution control derice* panaaat to
regulation* under thaOen Air AefctiMycreveed
to destroy «aMous«miuioa* 6m vaitoM
industrial pncejM*. £PAcooclu4«d *"', in
general RCRA standard* Jo not apply to turn*
incinerators because lbe Input («ii uumuuinemed
ga«) is not • •otWwiste acoordin to (be definition
«e« forth in | .281.2.
EPA. therefore, has decided not to
regulate these uncondensed light ends.
In the case of chlorinated aliphatic
hydrocarbon manufacture, the Agency
knows that manufacturers typically
employ condensation devices in
conjunction with distillation equipment
since the condensable fraction of these
emissions is either a valuable product or
recyclable feedstock material. If the
light ends are condensed and reused to
make new products or effective
substitutes for commercial products.
they will not be considered solid or
hazardous wastes, as long as they have
not been reclaimed and they do not
meet the criteria specified in i 28li(e).
See 50 FR 637. If every disposed (prior to
any such reuse), however, these
condensed light ends would be
considered a solid waste and subject to
today's listing. Consequently, our
decision should not present an
environmental concern.
Although we agree with the
commenter that heating wastes to the
gaseous state is subject to regulation
under RCRA as treatment of hazardous
waste, the Agency believes that it
cannot use its current permitting
procedures to mandate the production
process design of a manufacturing
facility so that it generates a waste as e
liquid instead of (for example) installing
some internal heating mechanism that
generates the same liquid waste in the
gaseous state. RCRA jurisdiction does
not provide tfais kind of control over
manufacturing processes. Of course.
thermal three taient after a material
becomes a hazardous waste is fully
regulated under RCRA.
The Agency also agrees with the
commenters that citing the phthalic
anhydride light ends bating raises •
substantial questions with respect to
establishing precedents. We have,
accordingly, deleted references to it in
the listing description and preamble.
D. Evaluation of the Hazardous
Properties of the Waste*
Other comments expressed specific
concerns with the Agency's evaluation
of the hazardous properties of the
wastes, either through its toxicological
evaluations of individual hazardous
constituents, its projection of
concentration levels of constituents in
the wastes, or its analysis of the ability
of the constituents to migrate from the
wastes.
1. Two commenters stated that some
of the conclusions reached by the.
Agency do not accurately reflect die
present state of knowledge of the
oncogenic properties of the constituents
in these wastes. They commented that
the Agency did not attempt to clarify the
level of risk (of carcinogens) or to
provide substantiation of its conclusions
that the Carcinogen Assessment Croup
(GAG) assessment documents on which
the Agency relied are consistent with
"current levels of knowledge and
existing data": they also stated that the
Agency should have used weight of
evidence characterizations in its
assessment of the potential hazards of
these compounds. In particular, the
commenters asserted that the Agency
should not have judged constituents to
be "potential human carcinogens" when
the evidence for carcinogenicity for
several of these chemicals would fall
into "Group 3: chemicals * * * which
* * * cannot be classified as to their
carcinogenicity to humans."
The agency's judgment on the
potential carcinogenic and toxic effects
resulting from continued low-level
exposure to the constituents of concern
are outlined in the Health and
Environmental Effects Profiles for each
constituent of concern. The major health
concerns are summarized in the listing
background document The commenter
gave no specific criticism that EPA's
facts do not "reflect the present state of
knowledge," (other than that noted
above) and did not provide any
additional data or other information to
challenge the basis for EPA's decision to
list We are, therefore, unable to
respond to this criticism. (It should be
noted that the Agency has reviewed
more recent studies addressing these
constituents, and finds that this
information corroborates the Agency's
original decision to list This information
has been summarized and placed in the
docket.)
With respect to the "weight-of-
evidence" argument, the Agency
promulgated guidelines for carcinogenic
risk (see 51 FR 32858. September 24.
1988) which incorporates an assessment
of the quality of experimental data for
the overall hazard assessment for
carcinogens. These guidelines specify
the following five classifications:
Croup A—Human carcinogen (sufficient
evidence from epidemiologic studies)
Group B Probable human carcinogen
Croup Bi—Limited evidence of
carcinogenicity In human*
Group &—A combination of sufficient
evidence in animals and inadequate or
no evidence in human*
Group C—Possible human carcinogen
(limited evidence of carcinogenicity in
the absence of human data)
Group D—Not classifiable a* to human
carcinogenicity (inadequate human and
animal evidence of carcinogenicity or no
data available)
-------
50974
, «l testa in
t »p«let or in both adequate
epidemfologicind «nim«l ttudies).
in rrn,m8rCy,?!8ards «8ents classified
!?, Gro"P 'A or B as suitable for
Sh-.- ivVtsk "»«w"«nt The
suitability of Group C agents for
quantitative risk assessment requires a
case-by-case review because some
Croup C agents do not have a data base
of sufficient quality or quantity to
perform a quantitative carcinogenicitv
nsk assessment. The weight-of-evidence
basis was used to eliminate Group D
and E constituents from further
consideration as carcinogens.
Application of these guidelines shows
that benzene and vinyl chloride are
considered "carcinogenic to humans".
the wefght of evidence for
•iT r ii8 uuy iailini «nio class A. For
the following hazardous constituents of
concern, the weight of evidence for
carcinogenicity is considered to fall into
class B2. Thus, these compounds are
considered to be probably carcinogenic
to humans:
Carbon tetrachloride
\£M chloroa.lhan« (Elhylene dichloride)
!£!!te"*«» (MWhyhne chloride) '
• nu tnvuiu* uuenzcno
•"Jph4.rf.sxachlorocydohex.no
Wnwia-Hexachlorocyclohexane
T«'rachIoroethen«(PerchIoro8thyl6ne)
Trichoro«thene(Trichloroethylene)
Tnehloromslhane (Chloroform)
The following constituents of concern
are considered to be possible human
carcinogens (class C):
?;!«ln' fvin>'li
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Federal Register / VoL 54. No. 236 / Monday. December 11. 1989 / Rules and Regulation*
50977
EPA's intention that the hazardous
waste listings would continue to
complement the TC Once promulgated.
the TC might capture wastes generated
by the chlorinated aliphatics industry
that are not covered by wastes F024 or
F02S. Such wastes could include
wastewaters and wastewater treatment
sludges.
B. Land Disposal Restrictions
HSWA mandated land disposal
restrictions for wastes listed prior to the
enactment of HSWA under a specific
schedule (see 51 FR19300. May 28,
1986). If the Agency failed to prohibit the
wastes within the period specified, the
wastes were restricted from land
disposal. Waste F024, which was interim
final effective August 10,1984. was
included in the second third to be
evaluated for land disposal restrictions.
The final rule promulgating treatment
standards for the second thirds wastes
included treatment standards for waste
F024 (see 54 FR 26594. June 23,1989).
Although the Agency listed
Hazardous Waste No. F024 under an
interim final rule prior to the enactment
of HSWA, the Agency nonetheless took
comment on that action. Today's action
responds to comments received on that
interim final rulemaking and finalizes
our determination under HSWA 3001(e)
to list Hazardous Waste No. F024.
Today's action on F024, which does not
alter the listing or its substances, but
only clarifies its description, does not
alter the Agency's June 23,1989
determination in regard to the land
disposal restriction.
Furthermore, 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 281 after
November 8,1984 within six months of
the date of identification or listing
(RCRA section 3004(g)(4), 42 U.S.C.
6924(g)(4)). In the Land Disposal
Restrictions for the Third Third of
Scheduled Wastes Proposed Rule, the
Agency is proposing a treatment
standard for Hazardous Waste No. F025.
VI. Test Methods for Compounds Added
to Appendices VII and Vm
Most of the substances designated in
this final rule as hazardous constituents
are currently listed in table 1 of
appendix III of 40 CFR part 281, which
designates the test methods that can be
used when characterizing wastes for the
purpose of delisting.
On October 1.1984 (49 FR 38788). the
Agency proposed several changes to the
RCRA hazardous wastes regulations,
including the addition of new methods
to SW-846. After evaluating the
comments, the Agency decided not to
promulgate the October 1.1984 proposal.
Instead, the Agency revised SW-840 to
incorporate many of the suggestions
made in the comments, which wen
made available in the Third Edition of
SW-848 (40 FR 8072. March 18,1987). On
January 23.1989 (54 FR 3212). the
Agency proposed, among other things.
new and revised methods in the Third
Edition of SW-848. the first update
package to the Third Edition, and
expansion of table 1 of Appendix III of
40 CFR part 281. Once finalized, these
methods may be used to determine
whether a sample contains a given
Appendix VII or VIII toxic constituent
However, until the Third Edition of SW-
846 is made final, the Second Edition as
amended by Updates I and It and the 47
methods that were finalized September
29,1989 (54 FR 40280), remain as the
approved methods for meeting
regulatory requirements under substitle
C of RCRA.
These methods are in 'Test Methods
for Evaluating Solid Waste: Physical/
Chemical Methods." SW-846,3rd ed.,
September, 1986, as amended: available
from Superintendent of Documents,
Government Printing Office,
Washington. DC 20402. (202) 783-3238,
Document No.: 955-001-00000-1.
VTI.-Compounds Added to Appendix
vm
On February 10.1984 (49 FR 5311), the
Agency made interim final the addition
of two compounds. 2-chloro-l,3-
butadiene (chloroprene) and 3-
chloropropene (allyl chloride), to
Appendix Vm of part 261. the list of
hazardous constituents identified by the
Agency as exhibiting toxic,
carcinogenic, mutagenic, or teratogenic
effects on humans or other life forms.
These are two of the hazardous
constituents for which wastes F024 and
F025 are listed. No comments were
received on this rule. Therefore, these
two compounds will remain listed on
Appendix VHL However, in a notice of
technical corrections to § 261.33 and
Appendix Vffl (53 FR 13382. April 22.
1988), the Agency inadvertently deleted
allyl chloride from Appendix VIII. In
today's action, EPA is making a
technical correction to once again
include allyl chloride in Appendix VUL
Vlfl. CERCLA Designation and
Reportable Quantities
All listed hazardous wastes, as well
as any solid waste that meets one or
more of the characteristics of a
hazardous waste (as defined in 40 CFR
261.21 through 261.24), are hazardous
substances as defined at section 101(14)
of CERCLA. CERCLA hazardous
substances are listed in Table 302.4 at 40
CFR 302.4. along with their reportable
quantities (RQs). 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 RQ immediately notify the
National Response Center of the release
(at (800) 424-8802 or in the Washington.
DC metropolitan area at (202) 428-2675).
In addition, section 304 of the Superfund
Amendments and Reauthorize tion Act
of 1986 (SARA) requires the owner or
operator of a facility to report the
release of a hazardous substance to the
appropriate State emergency response
commission (SERC) and to the local
emergency planning committee (LEPC)
when the amount released equals or
exceeds the RQ for the substance.
According to the "mixture rule"
developed in connection with the Clean
Water Act section 311 regulations and
also used for notification under
CERCLA and SARA (50 FR 13463. April
4,1985), the release of mixtures must be
reported when the amount released
equals or exceeds the RQ for the waste.
unless the concentrations of the
constituents of the waste are known.
When the concentrations of the
individual constituents of a hazardous
waste are known, the release of the
hazardous waste would need to be
reported to the NRC and to the
appropriate LEPC and SERC when the
RQ of any of the hazardous constituents
is equaled or exceeded. RQs of different
hazardous substances are not additive
under the mixture rule (except for
radionuclides, see 54 FR 22536, May 24.
1989), so that spilling a mixture
containing half an RQ of one hazardous
substance and half an RQ of another
hazardous substance does not require a
report
On August 10.1984. the effective date
of the interim final rule, waste stream
F024 became a CERCLA hazardous
substance with a statutorily imposed
one pound RQ. A one pound final
adjusted RQ for waste stream F024 was
promulgated on August 14.1989 (54 FR
33426). As concerns F025. when today's
rulemaking becomes effective, waste
stream F025 will automatically become
a CERCLA hazardous substance by
virtue of its listing under RCRA. Under
section 102(b) of CERCLA. a hazardous
substance has a statutorily imposed RQ
of one pound unless or until adjusted by
regulation. In order to coordinate the
RCRA and CERCLA rulemakmgs with
respect to new waste listings, the '
Agency today is adding waste F025 to 40
CFR 302.4. the codified list of CERCLA
-------
50975
hazantoes substances. and tain* iU
9UtutorTRQofos»ioand,
IX. State Authority
Under section 300& of RCRA. EPA
may authorize qualified State* to
administer and enforce the RCRA
program within the Stale. (See4OCFR
port Zn for the standard* and
requirement* for authorization.)
Following authorization, EPA retains
enforcement authority under section
3008, 301X and 7003 of RCRA. allhouaji
authorised State* have; primary ^^
enforcement responsibility.
u, , to *•**•*«*>«» «nd Solid
Waste Amendments of 1864 (HSWAfc a
State with final RCRA authorization
administered it* authorized hazardous
waste program in lieu of EPA. The
Federal requirement* 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 requirement* were prosaufcated
or enacUd. the Stats wa* obliged to
enact equivalent authority within
specified time frame*. New Federal
requirements did not take effect fn an
authorized State until the State adopted
the requirement* aa State law.
fff% r*rtntv«*4 •*«J__ **
and that take effect in all States.
regardless of their authorization state*.
States may appty fa, eiAtr ^^^
final aaJhonzation for lac HSWA
provisions Identified to Tabte I. a*
_ -
these hazardous wastes that have
previously Botifiad EPA or an authorized
Stata ofhazardoBS wa*te activities and
ha w received «• JdemiffcsMofi number.
The Agetiejr beHeres that most, if not
a». pewonswho manege these waste*
B. Effect on Stale Authorization*
PunuwUtoHSWA.today'areleis)
immediately effective hi both authorized
and non-authorized States. EPA wiH
implement the rale hi authorized Slates.
until they modify their program to^
reflect these Federal •tandardiiand 0»
modification is approved by EPA. 7i" I£^w"*^* a""B aa Iater maa Marc
Beca«»* the rale is nromalxafa*? *? 2^££S£S£thrilleB P«rroant to
puraaant to Ih. HSWAVstST Z%*S™«***' Notification
"lonurans: a pragram modification may
h» 11 wmer an
therefore will not have to re-notify.
However, any penon who generates.
ransport*. treat*, ttores. or disposes of
lh«« wwtes that ha. not pnvio^ty
notified and received an identification
number, that person must notify EPA or
an authorized State no later than March
ery. on the barf of
regulation* that an nbstsnliatty
equfvalent or fully eqvtv.tem to EPA'*.
The procedure* and schedule for Stale
. 42 U.S.C. 8028fgJ, ne»r
requirement* and prohibitions
f%, . « **"C\»i ui fluulon2Vi
»"*,** ™ game tfnw mat *ey take
effort in non-authorized State*. EPA is
directed to implement these
requirement* and prohibition* in
authorized States-, inchidmg the issuance
of permits, until the State modifies ft*
program to reflect the Federal standard*
and applfe* for and is granted
authorization.
As noted above, both F024 and F02S
waste* are li*ted today pursuant to
suction 3001(e)(2J of HSWA. ZninaDv
F034 w*« listed pursuant to RCRA on aa
Interim final basis. Howsver. on
November a. 1984. Congreas.^uctsd
HSWA. which amended RCRA. Among
other thing*, these amendments require
EPA to decide whether or net to bat
chlorinated aliphatic* as hazardous
waste* under HSWA (see section
300l(eK2tf. Therefore, toe Agaacy is
finalizing the FQZ4 Bating; as wefl a* Ida
F02S Hating, under HSWA. Thisfinal
rulemaking does not change the
substance or the effective date f Atoms*
10.19S4J of the F024 interim finsTrul./
Therefore, today's rule has been added
!? T^e * I0 * 2"-50X **** identifies
the Federal program requirements that
are promulgated pursuant to the HSWA,
.. S?l1*"1 ^-^^K2) reqafres that
States that haw* final RCRA
authorization smi modify tfw^.
program* to reflect Federal program
changes end most •ubseooently nborit
Uie modification to EPA for approval
State program modification*, lot the F029
waste* must be made by Jury 1. 1991, if
only regulatory change* are necesaary.
or Jury t M9Z: if •tatntory changes are
necessary. These deadKnas caabc
extended (see f 27I.21(eJf9n:
State, with final RCRA artftorfestkm
were required to adept the FBM hsnac
in accordsHcewitn 1 2nja(ejf2>. Sim
£d£! fiMl Hstin« ""^ "* HSWAfar
the F024 waste* make* no «*stanti«
changes from the interim final Hatfrig.
uterus* wmsres nave already been
approved need not further revise its
program or submit additional change* as
HSW m * 1U
nawA. Rather, any sach nreviou*rv
approved State will be deemed^
'
A. Notification
Under the Solid Waste Oispeeal
Amendment* of i960, (Pub, L 98-4521
Wa* 8lveit fte °tfon ground water monitoring ami
financial responsibility requirements, [f
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Federal Register / Vol. 54. No. 236 / Monday. December 11. 1969 / Rules and Regulations
50977
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
F024 and F025 and that are currently
operating pursuant to interim status
under section 3005(e) of RCRA. must file
with EPA an amended part A permit
application by June 11.1990. in
accordance with f 270.72(a).
Under current regulations, a
hazardous waste management facility
that has received a permit pursuant to
section 3005 is not able to treat, store, or
dispose of F024 or F025 when the rule
becomes effective on June 11.1990. until
a permit modification allowing such
activity has occurred in accordance with
S 270.42(g). Note that EPA has recently
amended the permit modification
procedures for newly listed or identified
wastes. For more details on the permit
modification procedures, see 53 FR
37912 etseq. (September 28.1988).
XL Regulatory Impact Analysis
Under Executive Order 12291. EPA
must determine whether a regulation is
"major" and. therefore, subject to the
requirement of a Regulatory Impact
Analysis. The total additional incurred
cost for disposal of the wastes added by
this rule, is less than $38,000, well under
the $100 million constituting a major
regulation. This insignificant cost is
partly due to the fact that waste F024
has been regulated as hazardous since
1984 and therefore there should be no
additional cost to comply with this rule.
The cost for waste F025 results from
minimal compliance requirements as
these wastes are being handled as if
they were hazardous (primarily due to
their containing similar toxic
constituents as F024) by most of the
generators, who have interim status or
part B permits. These generators will
incur minimal increased costs for permit
modifications, chemical analysis, and
recordkeeping. This cost is much less
than the estimated cost of SIS million
stated in the proposed rule. This cost
was based on conservative assumptions
including that these wastes would be
managed for the first time as hazardous.
Since EPA does not expect that the
amendments promulgated here will have
an annual effect on the economy of $100
million or more, result in a measurable
increase in cost 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.
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility
Act 5 U.S.C sections 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 economic
impact on a substantial number of small
entities.
The hazardous wastes listed here are
not generated by small entities (as
defined by the Regulatory Flexibility
Act), and the Agency 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.
XHL Paperwork Reduction Act
This rule does not contain any
information collection requirements
subject to OMB review under the
Paperwork Reduction Act of 1980. 44
U.S.C. 3501 et aeq.
List of Subjects
40CFR Part 281
Hazardous materials. Waste
treatment and disposal. Recycling.
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 3O2
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: November 29,1989.
William ICKailly.
Adihiniitntor.
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.
{261.31 [Amended]
2. In S 281.31. revise the listing
description for EPA hazardous waste
No. F024 to read as follows:
Industry and EPA
nazardom wast* No.
Hoaidoua
Hazard cod*
F024
WSMM. induing but not hnitad to. dMMMn nwduM.
«*"«* hydmcarton. b
tart, and reactor
from
*rom
« 1261.31 or 1 281.32.).
3. In } 261.31, add" the following waste
stream:
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50978 Federal Resbter / Vol. 54. No. 235 / Momfcy. December «. 1989 / Rufes and Regulations
NO.
F02S "•• ' ' ....... * *l" — — 1 — ' "— ' —••'—-'•'•—• T - "nfcrrt num Irim ti> ualm Hi ur mMi Uilu.lmJ CD
•'["•I'll T—-mtTrt hr ' — •~*~* ' T ' fTrm TtaM cWrtMMrt iiptntr tiydMcMton •» lu
ct«*l fcngft* raogina tan on» to vrt inducing tM. •«» wyng wnountt «M pe^Hoot
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Federal Register / Vol. 54. No. 236 / Monday. December 11. 1969 / Rules and Regulations 50979
TABLE 302.4.—LIST OF HAZARDOUS SUBSTANCES AND REPORTABIE QUANTITIES
Hazardous substance
F02S
Condensed Kght ends, spam Mars and Mar aide.
and spent deaiccant waataa from the producton of
priatic nydrocarbona are those having carbon
chain lengths rangng from one to and indudng
five, wrtri varying aniounta and positions of chto*
rine substitution.
CASRN
Salutary
RO
•1
Code-
4
HCRA
No.
F02S
Final RO
Category
X
Pounds (kg)
"1(0.454)
• Indicates the statutory sourca aa defined by 4 below.
1 Indicates that the statutory source for designation of this Kazan*
ubatanca undar CERCtA to CWA sactton 311(bK4).
»indicata* that tha statutory sourca for designation of into hazardous substance undar CE9CIA to CWA aactton »7
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